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HomeMy WebLinkAboutCC MINUTES 1979 08 20 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way August 20, 1979 I. CALL TO ORDER The meeting was called to order by Mayor Schuster at 4:27 P.M. II. ROLL CALL Present: Councilpersons: Schuster, Saltarelli, Sharp, Kennedy, Welsh ~! Absent: Councilpersons: None Others Present: Dan Blankenship, City Administrator i Alan Watts, Deputy City Attorney Mike Brotemarkle, Community Development Director Ruth C. Poe, City Clerk Midge Mehl, Recording Secretary Councilwoman Kennedy asked that New Business No. 2 be heard at this time to accommodate three people in the audience who would like to speak on this item, one of whom was a woman traveling with a small child and thus would not have to return this evening. Council concurred. III. NEW BUSINESS 2. CHRONOLOGY OF EVENTS - JANSVU DEVELOPMENT, REQUESTED BY CITY COUNCIL Mike Brotemarkle, Community Development Director, gave the staff report. Ms. Mildred Hunt, 32533 Corydon St., Lake Elsinore, stated that she had not received anything from the Jansvu Corp. for relocation or otherwise. When 10 tenants were still in the park, they offered a certain amount if all 10 tenants would get out by Jan. 31st and if all 10 did not vacate, no one would receive any money. Leonard Morgan, 453 E. Earlham St., spoke for his mother, who was one of the three last tenants. He stated that she had not received any money from Jansvu and verified that they had offered $3500 for the trailer plus $500 for relocation if all the 10 tenants would accept the same offer and be off the property in 10 days. He was of the opinion that this was a moral obligation of the developer and not a legal obligation. Councilman Welsh recalled that Jansvu Developers had made a verbal commit- ment to the Council of between $300 and $500 for relocation. His sentiment was that they should fulfill that commitment. It was moved by Welsh, seconded by. Kennedy, tO hold a moratorium on all building permits for Jansvu Development Co. until their moral obligations have been met. Councilman Saltarelli asked Alan Watts, Deputy City Attorney, if the City could hold up their permits. Mr. Watts responded that they could review the tapes of the hearings to see what was promised. A substitute motion was made by Saltarelli, seconded by Schuster, to direct the Attorney's office to review the tapes and if a cause of action was available against the developer for any representations that he made and did not perform on, that he would so notify the Mayor that a special meeting of the City Council would be called and we would take whatever action was necessary to make the developer perform on his word. Carried 5-0. Council concurred that staff should send a letter within 3 days of this meeting to Jansvu Developers, informing them of the motion that has been made tonight and of Council'S concerns regarding relocation payments. IV. It was moved by Sharp, seconded by Kennedy, to adjourn at 5:15 P.M. to the ADJOURNMENT 7:30P.M. Council meeting. Carried. / MAYOR COUNCIL MINUTES Page 2, 8-20-79 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way August 20, 1979 7:40 P.M. I. CALL TO ORDER The meeting was called to order by Mayor Schuster at 7:40 P.M. ROLL CALL Present: Councilpersons: Schuster, Saltarelli, Sharp, Kennedy, Welsh Absent: COuncilpersons: None Others Present: Dan Blankenship, City Administrator Alan Watts, Deputy City Attorney Mike Brotemarkle, Community Development Director Ruth C. Poe, City Clerk Midge Mehl, Recording Secretary III. PUBLIC HEARING 1. WALNUT AVENUE WEIGHT LIMIT RESTRICTION Bob Ledendecker, City Engineer, gave the staff report. Bill Figge, owner of Consolidated Beverages Distribution, 2681 Walnut Avenue, spoke in favor of lifting the weight restriction because of the hardship of all his trucks having to get on the freeway to make deliveries. The following people spoke in opposition to lifting the weight limit for various reasons including safety of children, increased noise, traffic flow at Red Hill & Walnut, and when the firm moved in, the weight restriction was already in effect: Ron Hoesterey, 2251 Caper Tree, President of Peppertree Homeowners's Assoc. Bill Allen, 14872 Featherhill, President of Tustin Meadows Homeowners' Assoc. Jack Eppinger, 14532 Alder Lane, Tustin Peer Swan, 14351 Morning Glory, Laurelwood Homeowners' Assoc. Joel Indes, 1942 Hampshire Road Jim Newman, Summerfield Homas William Lee, 2332 S~ble Tree Circle, Tustin Joe Yocum, 2332 Coco Palm, Tustin Bill Figge, owner of Consolidated Beverages Distribution, withdrew his request in light of all the opposition. It was moved by Welsh, seconded by Kennedy, to close the Public Hearing, and to leave the weight limit restriction as it presently stands. Carried 5-0. IV. RECESS It was moved by Saltarelli, seconded by Welsh, to recess to the Redevelopment Agency at 8:17 P.M. Carried. MINUTES OF A REGULAR MEETING REDEVELOPMENT AGENCY August 20, 1979 1. The meeting was called to order by Chairman Saltarelli at 8:17 P.M. 2. Present: Members: Saltarelli, Sharp, Kennedy, Welsh Absent: Members: None 3. Approval of Minutes of August 6, 1979 meeting. It was moved b)F Sharp, seconded by Welsh, that the minutes of August 6, 1979 be appro.ved. Carried 4'0. COUNCIL MINUTES 8~20-79, page 3 4. Approval of demands in the amount of $72,495.53. It was moved b~y Kennedy, seconded b~F Welsh, that demands in the amount of $72,495.53 be approved. Carried 4-0. 5. It was moved by Sharp, seconded by Welsh, to adjourn at 8:18 P.M. to the next Redevelopment Agency meeting on Sept. 4, 1979. Carried. MEETING OF TUSTIN CITY COUNCIL RECONVENED AT 8:18 P.M. August 20, 1979 I. PUBLIC CONCERNS JAMBOREE ROAD Peer Swan, 14351 Morning Glory, asked that the matter of Jamboree Road becoming a major roadway be agendized for public input. Councilmen Saltarelli and Welsh responded that there are intricate negoti- ations going on now between the City of Irvine, the Marine Corps, the County, and the Sanitation Districts for an alternate road and they did not think that the timing was right to have a hearing at this time. Mr. Swan was concerned that at a future time a tract might be approved without the residents knowledge, that would be predicated on Jamboree Rd. going in and then it would be too late for them to make their thoughts known. Council assured him that they are hoping an alternate road pattern can be worked out with the Marine Corps and that the Homeowners' Associations would be notified of any hearings that would affect Jamboree Road. Dan Blankenship, City Administrator, advised the Council from staff's point of view that a complete traffic study should be done before a complete down- grade of Jamboree would be decided upon. SERVICE TAX FOR UNINCORPORATED AREAS Richard Edgar, 13622 Loretta Drive, inquired of the status of any service tax for unincorporated areas to eliminate tax inequities between city and unincorporated residents. Councilman Welsh indicated that this subject was being pursued with the County. Mr. Blankenship added that, in addition to the Tax Equity Study, the County is studying the possibility of a street ~ lighting charge. New legislation now permits a County to levy a service charge for Police or Fire services. BICYCLE CROSSING AT SERVICE ROAD AND RED HILL Jack Eppinger, 14532 Alder Lane, was concerned about the heavy bicycle traffic at the signal at Service Road'and Red Hill. He asked if we could put in a push button so that the children could cross with a green light. Bob Ledendecker, City Engineer, responded that the intent of the City was to discourage bicycle crossing at that point and to have the bicycles go through the school area to Sycamore and cross at that point. He said it was a matter of an education program at the school and at the Little League games. He said that he would look into the matter and report back. II. CONSENT CALENDAR 1. APPROVAL OF MINUTES - August 6, 1979. 2. APPROVAL OF DEMANDS in the amount Of $99,540.06. RATIFICATION OF PAYROLL in the amount of $66,007.59. COUNCIL MINUTES Page 4, 8-20~79 3. RESOLUTION NO. 79-55 A Resolution of the City Council of the City of Tustin, California, APPOINTING ED BUSHONG AS CITY TREASURER. Adoption of Resolution No. 79-55 as recommended by City Administrator- 4. RESOLUTION NO. 79-56 A Resolution of the City Council of the City of Tustin, AMENDING THE CITY BUDGET FOR THE 1979-80 FISCAL YEAR. Adoption of Resolution No. 79-56 as recommended by City Administrator.i 5. RESOLUTION NO. 79-57 A Resolution of the City Council of the City of Tustin, APPROVING TENTATIVE TRACT NO. 10762 Adoption of Resolution No. 79-57 as recon~nended by Community Development Department. 6. RESOLUTION NO. 79-58 A Resolution of the City Council of the City of Tustin DETERMINING AND CERTIFYING THAT EDWARD VALES IS INCAPACITATED AND IS ELIGIBLE TO RETIRE FOR DISABILITY RESOLUTION NO. 79-59 A Resolution of the City Council of the City of Tustin DETERMINING AND CERTIFYING THAT MAXIM RACINE IS INCAPACITATED AND IS ELIGIBLE TO RETIRE FOR DISABILITY Adoption of Resolutions 79-58 and 79-59 as recommended by the Personnel Director. 7. RESOLUTION NO. 79-60 A Resolution of the City Council of the City of Tustin, California, AMENDING THE PERSONNEL RULES AND REGULATIONS OF THE CITY OF TUSTIN Adoption of Resolution No. 79-60 as recommended by City Adm. 8. RESOLUTION NO. 79-61 A Resolution of the City Council of the City of Tustin ADOPTING THE DEFERRED COMPENSATION PLAN FOR THE EMPLOYEES DF THE CITY OF TUSTIN Adoption of Resolution No. 79-61 and Attorney's execution of the agreement with National Plan Coordinators, Inc. as recommended by City Administrator. 9. FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS PARCEL MAP NO. 78-105, 106, 107, 108, 109 and LOT 8, TRACT NO. 8475 Acceptance of all public improvements within the subject parcel and tract map boundaries, and authorization for the City Clerk to release all pertinent bonds as described as recommended by City Engineer. 10. HOUSING ELEMENT OF THE GENERAL PLAN - ADVISORY COMMITTEE Authorize the Mayor to sign a letter, as drafted, requesting nominations as recommended by Community Development Consultant. Councilwoman Kennedy asked that Items 6 and 7 be removed from the Consent Calendar for further discussion. It was moved by Sharp, seconded by Welsh, to approve the Consent Calendar as submitted except for Items 6 and 7. Carried 5-0. ITEM NO. 6 - RESOLUTIONS NO. 79-58 and 79-59 Councilwoman Kennedy asked staff if we monitor these cases to see if they have anothe~ income and if so do we still have to pay the full disability if they are able to work at another job. Dan Blankenship, City Administrator, responded that if the disabled party does not work for an agency in the PERE system, their disability continues regardless of other employment. COUNCIL MINUTES P.age 5, 8-20-79 Councilman Welsh said he would be attending a conference in Sacramento for the State League of Cities and he would bring this up. Council concurred that the City Council should either be the Disability Retirement Review Board or at least be on the Board and they asked the City Administrator to look at this and see where the City Council could fit into this process for disabilities priorto coming to the Council with the resolutions. It was moved by Welsh, seconded by Schuster, to adopt Resolutions Nos. 79-58 and 79-59 as recommended by the Personnel Director. Carried 5-0. ITEM NO. 7 - RESOLUTION NO. 79-60 AMENDING PERSONNEL RULES AND REGULATIONS Councilwoman Kennedy addressed this issue and said that she was not comfortable with the resolution and she would like more information and asked that the item be delayed until she had been able to discuss this with the Employee's Association. It was moved by Welsh, seconded by Kennedy, to postpone this to the Sept. 4th Council meeting, giving staff the opportunity to relate the item to the Association and to be more explicit in what their proposal is. Councilman Sharp said that if this was not a meet and confer item, he didn't agree with the motion as this was a management function. Councilman Saltarelli made a substitute motion, seconded by ShaEl,, to adopt Resolution No. 79-60 as recommended by the City Administrator. Carried 3-2, Kennedy and Welsh opposed. III. ORDINANCES FOR INTRO- DUCTION None IV. :ORDINANCES iFOR ADOPTION 1. ORDINANCE NO. 808 An Ordinance'of the City Council of the City of Tustin, California, AMENDING TUSTIN CITY CODE TO PROVIDE FOR PARKING FOR THE HANDICAPPED PERSONS It was moved by Saltarelli, seconded by Kennedy, that Ordinance No. 808 have second reading by title only. Carried 5-0. Following the reading of the title of Ordinance No. 808 by the Recording Secretary, it was moved by Welsh, seconded by Kennedy, that Ordinance No. 808 be passed and adopted. Roll Call Vote: AYES: Schuster, Saltarelli, Sharp, Kennedy, Welsh NOES: None 2. ORDINANCE NO. 809 An Ordinance of the City of Tustin, California, AMENDING TITLE 4, CHAPTER 3, OF THE TUSTIN CITY CODE PERTAINING TO SOLID WASTE DISPOSAL It was moved by Saltarelli, seconded by Kennedy, to continue Ordinance No. 809 for 30 or 45 days to permit staff to meet with Holthe Disposal to dis- cuss service in general and roll-off containers specifically. Carried 5-0. V. OLD BUSINESS 1. COMMITTEE APPOINTMENTS The committee composed of Councilman Welsh and Mayor Schuster reported that they had interviewed Richard B. Edgar and Mary Hernandez for the Cal Trans Aesthetic Advisory Committee but that Mr. Chubbuck did not keep his appoint- ment. Staff is to contact Mr. Chubbuck to make another appointment. COUNCIL MINUTES page 6, 8-20-79 The committee recommended that Pamela Golodner be appointed to the Orange County Health Planning Council providing she is not excluded because of her high qualifications- It was moved by Saltarelli, seconded by Kennedy, that Pamela Golodner be appointed as delegate to the Orange County Health Planning Council for the City of Tustin. Carried 5-0. VI. NEW BUSIMESS 1. CONSIDERATION OF SUPPORT FOR PROPOSED SOUTH COUNTY NATIONAL PARK It was ~oved by Welsh, seconded by Kennedy, to support the proposed South County National Park. ' Councilman Welsh reported that this was endorsed by the total League of Orange County Cities. Councilman Saltarelli was in favor of taking no position as he felt the sum of $345,000,000 was a large sum of money and this project would tie up a lot of landowner's land. This should be a long study proposition- Motion defeated, 2-3, Sharp, Saltarelli and Schuster opposed. 2. CHRONOLOGY OF EVENTS - JANSVU DEVELOPMENT This item was heard at the beginning of the meeting and is recorded on Page 1 of these minutes. 3. RESPONSE TO REQUEST MADE BY CITY COUNCIL FOR INFORMATION REGARDING EMPLOYEE PHYSICAL EXAMINATIONS, PSYCHOLOGICAL TESTS, AND DEPENDENT AND EMPLOYER COVERAGE CHANGE It was moved by Saltarelli, seconded by Sharp, to receive and file the report. Councilwoman Kennedy had questions about the psychological tests and the manner in which the medical clinic was Selected. Motion carried 4-1, Kennedy opposed. 4. SETTING OF CITY VOTER APPROVED INDEBTEDNESS TAX RATE FOR 1979-80 Dan Blankenship, City Administrator, stated that Resolution 79-63 restates the dollar requirement for each of the two bond tax rates and the dollar amount and converts it into a tax rate. This has had to be done without the benefit of any information from the assessor. Their records are running late and this tax rate must be adopted prior to September 1st or we would be in a potential default with the tax collector. The two rates are 9.18 cents for the park bonds and 5.52 cents upon each $100 for the Civic Center bonds. The tax is higher than last year because this year it in- cludes more principal being paid. It was moved by Saltarelli, secondedby Kennedy, to adopt Resolution 79-63 as submitted. Carried 5-0. 5. RESOLUTION REGARDING DISABILITY RETIREMENTS It was moved by Saltarelli, seconded by Sharp, that Resolution 79-25 be presented at the League's 'Labor Relations Committee Meeting to insure it's consideration by ~e~ League of California Cities. Carried 5-0. VII. OTHER BUSINESS RESOLUTION 79-62 A Resolution of the City Council of the City of Tustin, California, ACKNOWLEDGING RECEIPT OF COMMENTS BY THE DEPARTMENT OF CONSERVATION, DEPARTMENT OF TRANSPORTATION, AND DEPARTMENT OF FISH AND GAME AFTER CERTIFICATION OF TUSTIN EIR 79-3 AND FINDING THAT SAID COMMENTS CONTAIN NO NEW INFORMATION OF SUBSTANTIAL IMPORTANCE Alan Watts, Deputy City Attorney, said that Resolution 79-62, together with a memorandum from Ken Fleagle which was self explanatory, had been distri- buted to the Council. COUNCIL MINUTES Page 7, 8-20-79 It was moved by Saltarelli, seconded by Welsh, to adopt Resolution No. 79-62. Carried 5-0. OUT OF STATE CONFERENCES FOR MID MANAGEMENT EMPLOYEES Mike Brotemarkle, Community Development Director, brought up that under Brian Chase's tenure as Community Development Director, George Reid had discUssed going to the Internatlonal Conference of Building Officials meeting that was to be held in Anchorage, Alaska and it had been placed in the budget. Since the Council policy has been that only Department Heads would attend out of State meetings, he asked for Council's direction. It was moved by Saltarelli, seconded by Welsh, to continue the previous policy of "out of State" conferences for Department Heads only. Carried 5-0. PICNIC BENCHES AT CENTENNIAL PARK Councilman Saltarelli asked Bob Ledendecker, City Engineer, if we were planning on setting out the picnic benches after the concrete work is finished in Centennial Park. Mr. Ledendecker responded in the affirmative. EXECUTIVE SESSION Mayor Schuster asked for an Executive Session following the meeting for about ten minutes to discuss a letter from Mr. Miller. SANTA ANA RIVER FLOOD PROTECTION AGENCY Councilwoman Kennedy asked Mayor Schuster if he would attend the next meeting of the Santa Ana River Flood Protection Agency as the alternate as she would not be able to attend. Mayor Schuster responded that he should be able to attend on August 23rd. STREET LIGHTING DISTRICTS Councilman Welsh asked Dan Blankenship, City Administrator, to elaborate on our concerns about the Street Lighting Districts. Fir. Blankenship said that the County is looking into the possibility of getting rid of their Street Lighting Districts because they receive property tax money and the County has bail out money and they apportion it to special districts. The Countyis more concerned with funding the Fire Protection and Library Districts than the Lighting Districts. They are willing to talk to the four cities of Placentia, Los Alamitos, Tustin and Irvine that have the Lighting Districts. They will be making a study in the next 60 days on al- ternative ways of handling it, establishing an assessment to the property owners to provide service to pay the difference or eliminating the district entirely within cities. We will be following this closely in order to pro- tect our interests. QUESTIONS ABOUT THE STREET MAINTENANCE WORK Councilman Welsh asked if the crosswalks would be painted on the new slurried streets in the area of Willjams and Main. Bob Ledendecker, City Engineer, said that they would be painted about 4 or 5 days after the seal is put on. ~ Councilman Welsh asked if the cul de sacs in Tustin Meadows would be slurried as well as the main street. Bob Ledendecker responded that we do not have funds for those streets. We are only doing the streets with the most traffic and that show the most stress. COUNCIL MINUTES Page 8, 8-20~79 CONDO-CONVERSION MORATORIUM Councilman Welsh asked that a condo-conversion moratorium until we can address the new ordinance be agendized for the next meeting. VIII. ADJOURNMENT It was moved by Welsh, seconded by Saltarelli, to adjourn at 10:20 P.M. to an Executive Session and thence to the next meeting on Tuesday, September 4, 1979. Carried.