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HomeMy WebLinkAboutCC MINUTES 1979 05 07 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way May 7, 1979 I. CALL TO ORDER The meeting was called to order at 9:24 P.M. by Mayor Schuster. iII- ROLL CALL Present: Councilmen: Schuster, Saltaretli, Sharp, Kennedy, Welsh Absent: Councilmen: None Others Present: Dan Blankenship, City Administrator James G. Rourke, City Attorney R. Kenneth Fleagle, Community Development Consultant Ruth C. Poe, City Clerk . Mary E. Wynn, Chief Deputy City Clerk III. PROCLA- MATIONS William Meyer accepted proclamations for Norm Pulliam, owner, and Hill & Danielson, architect, for the fine development of the Larwin Square Shopping Center. DOn Biery, Parks and Recreation Director, accepted the proclamation for ~he Witness to Fitness program. Thirteen Girl Scouts received letters of commendation for achieving the highest award in the Girl Scout program. IV. PUBLIC HEARINGS 1. EIR IMPACT 78-3, IRVINE/PETERS CANYON Resolution No. 79-30 A Resolution of the City Council of the City of Tustin, California, CERTIFYING ENVIRONMENTAL IMPACT REPORT 78-3 (Irvine/Peters Canyon) The staff report was given by R. Kenneth Fleagle, Consultant. The public hearing opened at 9:28 P.M. with the Mayor asking those speaking to limit their rema:~ks to five minutes each. Joe Perring, 610 Newport Center Drive, Newport Beach, spoke for the Irvine Company stating that he had been in contact with Dr~ Fleagle during the pre- paration of the EIR and that he had supplied maps and drawings and felt Dr. Fleagle had done an excellent job. He asked that the following changes be made in the Addendam to the EIR: 1. Page 2, last paragraph, first two sentences, be changed to: "Mitigation measures are proposed that will require a site plan to include public trail systems and local open space requirement, and limit density in the hillside areas northerly of Foothill Blvd. to two dwelling units per acre. Additional mitigation measures may include sound buffering, golf course development, retaining basins for drainage and open space irrigation, and developments compatible with adjoining developed properties." 2, Page 13, second paragraph, last sentence, be changed to: "The hillside area densities northerly of Foothill Blvd. are to be limited to two dwell- ing units per acre With an average density for the total area of annexa- tion not to exceed four dwelling units per gross acre, with a maximum of 3,916 dwelling units allowable." 3. Page 57, second paragraph, second sub sectio~ be changed to: "Hillside areas,..," Neil Harkleroad, 10562 Mira Vista Drive, Santa Ana, CA 92705, Vice President, Land Use, of the Foothill Communities Association, Inc., spoke in opposition to the EIR, stati.ng that the Council had received three letters from the association [c0pies of which are on file in the City Clerk's office.) The financial and traffic impacts were his main concern. COUNCIL MINUTES Page 2, 5-7-79 Richard H. Edgar, 13622 Loretta Drive, spoke in favor of certifying the EIR and stated that the best interests of the community would be served by Tustin annexing this area. Dr. Fleagle responded to the concerns of Joe Perring and Neil Harkleroad. It was moved by Saltarelli, seconded by Kennedy, to recess for 5 minutes at 10:08 P.M. Carried unanimously. CITY COUNCIL MEETING RECONVENED 10:25 P.M. It was moved by Welsh, seconded by Saltarelli, to continue the Public Hearing regarding EIR 78-3 to later on in the evening to permit staff to respond to EIR comments. Carried unanimously. Council recessed to the Redevelopment Agency at 10:27 P.M. MINUTES OF A REGULAR MEETING REDEVELOPMENT AGENCY May 7, 1979 1. The meeting was called to order at 10:27 P.M. by Chairman Saltarelli. 2. Present: Members: Saltarelli, Sharp, Kennedy, Welsh Absent: Members: None 3. Approval of Minutes of April 16, 1979 meeting. It was moved by Kennedy, seconded by Welsh, to approve the minutes of the April 16, 1979 meeting. Carried unanimously. 4. Mr. Sharp asked what impact the current legislation had on gathering taxes for the Redevelopment Agency. Dan Blankenship, City Administrator, responded that SB 154, that was adopted last year, is too ambiguous for even the County to know just how the taxes will be distributed. He said that it appeared that the matter would be resolved in a satisfactory manner. Fir. Sharp requested that Council be advised of the outcome of the matter when staff receives the information. 5. It was moved by Kennedy, seconded by Welsh, to adjourn at 10:30 P.M. to the next regular meeting on May 21, 1979. Carried. "~ING ~CRETARY MEETING OF TUSTIN CITY COUNCIL RECONVENED AT 10:30 P.M. May 7, 1979 I. PUBLIC CONCERNS AIR TRAFFIC IN ORANGE COUNTY Richard B. Edgar, 13622 Loretta Drive, noted that the need exists to reiterate our objection to the increased air traffic in Orange County, particularly in new airlines coming in. COUNCIL MINUTES Page 3, 5-7-79 ANIMAL ORDINANCE Mr. Edgar asked if the City had any present laws against dogs running loose. Mr. Blankenship responded that the City has adopted the County's animal con- trol ordinance and that it is a misdemeanor to let a dog run loose or defecate on property without cleaning it up. TRAFFIC JAM Mr. Edgar brought to the attention of the Council that the parking on the east side of Newport Avenue between Walnut and the Santa Ana Freeway severely im- pacts the ~raffic flow. He asked that this be checked. STOP SIGNS AT WALNUT AVENUE AND CHERRYWOOD AND RAINTREE Ron Hoesterey, 2251 Caper Tree, presented a petition with approximately 400 signatures requesting the following: 1. Install 4-way stop signs at the intersections of Walnut at Cherrywood Ave. and Walnut at Raintree. 2. Reclassify Walnut Ave. from a primary arterial to a secondary arterial, between Browning Avenue and proposed Jamboree Rd. 3. Prohibit truck traffic on Walnut Ave. between Browning Ave. and proposed Jamboree Road. 4. Increase traffic control and enforcement on Walnut Ave. between Browning Ave. and proposed Jamboree Road. Bob Ledendecker, City Engineer, suggested that the signatures on the petition be checked to see if any Laurelwood Tract residents had signed the petition and if not, we should get their responses. He felt it would be unrealistic to put stop signs at both streets. It was the concensus of the Council that this should be agendized for the next meeting, Larry Bales, 2342 Coco Palm Dr., urged the City Council to authorize the putting in of the stop signs at this meeting. Following further discussion, Council concurred that the matter should be agendized for the next meeting. II. CONSENT CALENDAR 1. APPROVAL OF MINUTES -April 16, 1979. 2. APPROVAL OF DEMANDS in the amount of $373,089.97. RATIFICATION OF PAYROLL in the amount of $117,527.26. 3. BRYAN AVE. AT BROWNING AVE. AHFP PROJECT NO. 939 and F07 CHANNEL FLOOD CONTROL IMPROVEMENTS Approve recommendation as submitted by the Engineering Department. 4, MITCHELL AVENUE STREET RECONSTRUCTION Approve recolmnendation as submitted by the City Engineer. 5. RESOLUTION NO. 79-33 A Resolution of the City Council of the City of Tustin, California, i, APPROVING PLANS AND SPECIFICATIONS FOR THE CITY OF TUSTIN FISCAL YEAR 1978-79 STREET MAINTENANCE PROGRAM AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS. Adoption of Resolution 79-33 as recordmended by Engineering Department. 6. CLAIM OF UNITED STATES FIDELITY AND GUARANTY CO. AND STEPHANIE DE GENNERO Refusal of acceptance of claim as recommended by City Attorney. 7. CLAIM OF WALLY WAIPA Denial of claim as recommended by City Attorney. Mayor Schuster requested that Item No. 4 be removed from the Consent Calendar for further discussion. COUNCIL MINUTES page 4~ 5-7-79 It was moved by Saltarelli, seconded by Kennedy, to approve the Consent Calendar with the exception of Item No. 4 as submitted. Carried unanimously. ITEM NO. 4 - MITCHELL AVENUE STREET RECONSTRUCTION Dan Blankenship, City Administrator, gave new information on this matter that was received after the initial report was made. Rather than the City's cost being $17,000, it is now estimated to be $56,000. He recommended that the City approve the project in principal but delay final approval until the costs are known. It was moved by Kennedy, seconded by Saltarelli, to approve the project in principal but to delay final approval until the costs are known. Carried unanimously. III. ORDINANCES FOR INTRO- DUCTION 1. ORDINANCE NO. 802 An Ordinance of the City Council of the City of Tustin, California, AMENDING TITLE 3, CHAPTER 4, PART 2, OF THE TUSTIN CITY CODE REGARDING THE REGULATION OF AMBULANCES. It was moved by Saltarelli, seconded by Welsh, that Ordinance No. 802 have first reading by title, Carried unanimously. Following the reading of the title ofOrdinance No. 802 by the Chief Deputy City Clerk, it was moved by Welsh, seconded by Kennedy that Ordinance No. 802 be introduced. Carried unanimously. IV. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 800 An Ordinance of the City Council of the City of Tustin, California, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIRE- MENT SYSTEM. It was moved by Saltarelli, seconded b7 Kennedy, that Ordinance No. 800 have second reading by title. Carried unanimously. Following the reading of the title of Ordinance No. 800, it was moved by Welsh, seconded by Kennedy, that Ordinance No. 800 be passed and adopted. Roll Call Vote: AYES: Schuster, Saltarelli, Sharp, Kennedy, Welsh NOES: None ABSENT: None V. OLD BUSINESS 1. NEWPORT AVENUE EXTENSION TO EDINGER STREET It was moved by Saltarelli, seconded by Welsh, to authorize the firm of Herman Kimmel and Associates to prepare the P.U.C. application for an at-grade crossing of Newport Avenue at the AT & SF Railroad tracks, to retain the same firm for any appearances that may be required at the P.U.C. hearings, to appropriate the amount of $850 for consultant fees during the 1978-79 fiscal year, and to include the balance of the estimated fees in the amount of $3,780 into the 1979-80 budget. Carried unanimously. 2. LATEST REQUEST FROM TOM KELLY Dan Blankenship, City Administrator, reported that the Kellys have signed the agreement, submitted the bond and received their Certifica~ of Occupancy and therefore this matter was concluded. 3. CONSULTANT FOR THIOKOL DYNACHEM PROBLEM Councilwoman Kennedy requested that this matter be considered in Executive Session following the Council meeting. After concurrence from the City Attorney that this would be legal, Council concurred to do this. COUNCIL MINUTES Page 5, 5-7-79 4. SAN JUAN STREET BIKE TRAIL It was moved by Saltarelli, seconded by Kennedy, to approve the following: a. Cancel the bike trail project as presently proposed and request to Caltrans, the County and the Southern California Association of Govern- ments (S.C.A.G.) that the S.B.821 funding be transferred to another pro- ject consisting of sidewalk construction along the northerly side of Main Street, easterly of Williams Street. b. Program the widening of the south side of San Juan Street adjacent to Tustin High School as soon as feasible. This would include the removal of the existing trees along the southerly side of the street. Motion carried Unanimously. 5. BUS AGREEMENT It was moved by Welsh, seconded by Kennedy, to continue this item to the May 2tst meeting to give the Council time to review the agreement. Carried Unanimously. VI. NEW BUSINESS 1. SALE OF SURPLUS PROPERTY - SIXTH STREET It was moved by Welsh, seconded by Saltarelli, to pass and adopt Resolution No. 79-34 which will set the deadline date of June 11, 1979 for submission of proposals and the Hearing Date of June 18, 1979. Cliff Poulson, from the Board of Directors of the Boy's Club, requested time to solicit funds from interested individuals, clubs, foundations, etc. to buy the property. He was of the opinion that he could raise the money. He pointed out that once the property was sold to someone else, the Boy's Club would not have an opportUnity to purchase any other property because of the scarcity of land in Tustin. Following the withdrawal of his previous motion, it was moved by Welsh, seconded by Saltarelli, to delay the action on this item until staff and the Boy's Club can commUnicate on a time schedule and bring the matter before us in a reasonable time. Carried unanimously. 2. NISSON ROAD TRAFFIC STRIPING AND CHANNELIZATION It was moved by Saltarelli, seconded by Sharp, to authorize the on-street parking removal on both sides of Nisson Road for an approximate distance of 300 feet easterly and westerly of Red Hill Avenue, and the channelization for left turn lanes after affirmative response is received from the property owners at this location. Carried unanimously. VII. PUBLIC HEARINGS 1. CONTINUATION OF PUBLIC HEARING ON EIR 78-3 The public hearing was reopened at 11:15 P.M. Mayor Schuster invited anyone who wished to speak to do so, including those who had already spoken earlier in the meeting. Mr. Neil Harkleroad, 10562 Mira Vista Dr., Santa Aria, from the Foothills Communities Association, Inc., expressed his concerns that changing the wording from "foothills" to "hillsides" would increase the density in the northerly area. Dr. Fleagle commented that he preferred the wording to be "foothills." Mr. Joe Perring, 610 Newport Center Drive, Newport Beach, from the Irvine Co., expressed that the wording of "f6othills" would put unnecessary constraint on the developers and the wording of "hillsides" would be more easily understood by everyone as the topography of the land. Jerome E. Ditter, 10655 Equestrian Dr., Santa Ana, pointed out that the topography of the land could be changed by hillsides being bulldozed down and valleys being filled and unless a designated area is stipulated, the wording of "hillsides" could be a meaningless interpretation. COUNCIL MINUTES Page 6, 5-7-79 Richard Edgar, 13622 Loretta Drive, Tustin, noted that 800 units on 400 acres northerly of extension of Foothill Blvd. would cover the concerns of the City. Councilman Saltarelli expressed the opinion that to limit the density to two units per acre on flatland in the northerly area was discriminatory against the residents in the southerly area who would have their density increased above 4 units per acre. Dr. Fleagle gave a slL~mary of the contents of Volume II of the EIR. There are three controlling restrictions: 1. Precise development plans must be submitted for Council approval; 2. Developments on ridgelines and slopes is controlled; and 3. New developments must be compatible with abutting existingi'~ developments as to density and lot sizes. It was moved by Sharp, seconded by Welsh, that the Public Hearing be closed at 11:37 P.M. and based on the fact thatwe have heard and addressed all of the concerns of the EIR, that Council adopt Resolution No. 79-30 with the language changes as recommended by the Irvine Company. Carried unanimously. 2. PREZONE 79-1 (IRVINE/PETERS CANYON) ORDINANCE NO. 801 An Ordinance of the City of Tustin, California, PRE-ZONING CERTAIN PRO- PERTY KNOWN AS IRVINE/PETERS CANYON Staff report was given by Ken Pleagle, Consultant. The public hearing was opened at 11:44 P.M. There being no comments or objections, it was moved by Welsh, seconded by Saltarelli that the public hearing be closed and that Ordinance No. 801 be introduced approving Pre-zone 79-1. Carried unanimously. VIII. NEW BUSINESS 3. RESOLUTION NO. 79-31 A Resolution of the City Council, City of Tustin, California, REQUESTING THE COMMENCEMENT OF PROCEEDINGS FOR THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS "IRVINE/PETERS CANYON ANMEXATION NO. 117." It was moved by Welsh, seconded by Sharp~ that Resolution No. 79-31 be passed and adopted. Carried unanimously. 4. FILLING OP VACANCIES IN POLICE DEPARTMENT It was moved by Welsh, seconded by Saltarelli, to approve the filling of two Police Officer vacancies and one Communications Officer vacancy. Carried unanimously. 5. REQUEST FOR SPECIAL PARKING - SIXTH STREET It was moved by Saltarelli, seconded byWelsh, to deny the request of E1 Camino Plaza for a special zoned parking area along the south side of Sixth Street to accommodate tour buses. Carried unanimously. 6. RESOLUTION NO. 79-32 A Resolution of the City Council of the City of Tustin, APPROVING TENTATIVE TRACT NO. 10677 It was moved by Saltarelli, secondedby Sharp, to approve Tentative Tract 10677 by the adoption of Resolution No. 79-32. Carried 4-1, Kennedy opposed. 7. BEATRICE FOODS COMPANY, ET AL v, COUNTY OF ORANGE, CITY OF TUSTIN, ET AL. NO. 306269, ORANGE COUNTY SUPERIOR COURT It was moved by Kennedy, seconded by Saltarelli, to authorize the County Counsel of the County of Orange to represent the City of Tustin in the following liti- gation: Beatrice Foods Company et al, v. County of Orange, City of Tustin, et al, No. 306269, Orange County Superior Court. Carried unanimously. COUNCIL MINUTES Page 7, 5-7-79 IX. OTHER BUSINESS PROCEDURE FOR FILLING COMMUNITY DEVELOPMENT DIRECTOR POSITION Dan Blankenship, City Administrator, asked for Council's concurrence on the procedure for hiring the Community Development Director as recommended by the Personnel Director, namely: 1. Have an interviewing board of profession- al Community Development Directors interview the applicants; 2. That those applicants that were successful be interviewed by a committee of two Council members, Dr. Fleagle and Dan Blankenship; and 3. That this committee's recom- mendation go to the City Council for decision. It was moved by Saltarelli, seconded by Kennedy, to approve the above refer- enced procedure. Carried unanimously. WEEDS AT BONITA WAY AND PROSPECT Councilman Welsh reported that he had been contacted about the unsightly weed condition in the orchard between Columbus Tustin Park and the homes on the other side in the vicinity of Bonita Way and Prospect. Dan Blankenship, City Administrator, responded that staff would check into this matter. CITY EMPLOYEE SALARIES Councilman Welsh stated: "In order to maintain an equitable wage standard which insures that our City's position is fair to our employees as well as financially sound to the community, I moved at our March 19th Council meeting that we take the median of the ten Orange County cities of equal population as our salary guide, funds in the City being available. My motion was made to establish as our policy that we intend to be fair and have guidelines for compensatin~ our loyal and good workers. For good workers to stay and serve our citizens to the economic disadvantage of their families and self, no fair and right minded citizen would e~pect or even tolerate. A good supervisor, therefore, would assure us of high employee performance or we should be re- placing the supervisor. The second fact behind my motion was to sto~ or at least reduce Tustin from being a training ground for employees to move on to other governmental agencies. This practice is a luxury which our City tax- payer realizes is costly to him in tax money and City service. Economically we must stem that tide of turnover and establish the City's position for re- cruitment of quality personnel. In order to give guidance, which reflects the feelings of this Council, and in recognition of addressing the needs of the 1979-80 budget, I bring this matter up at this time. My early motion was in concurrence with our two year labor contract which we have just entered into with our employees, assuring them security and our community labor peace. I would recommend that we must maintain the confidence of our employees and show the good faith of the Council by honoring to the letter the agreed cost of living adjustment for July 1st, 1979. Then any employee who has not reached the median with our negotiated contract, will according to our policy, with funds available, be evaluated by the Personnel Director, who shall then bring to the Council his recommendation for adjustments. DOes this basic philosophy meet with the concensus of the Council so that staff has direction?" Dan Blankenship, City Administrator, pointed out that the survey is done be- fore the other cities prepare their budget and therefore if we set the salaries at the median after the cost of living is given, we are going to be behind the median again. Councilman Sharp suggested that due to the lateness of the hour, he would sug- gest that this be agendized for the next meeting. Councilman Welsh asked Dan Blankenship to calculate the expense to the City for granting a cost of living raise and then bringing all employees up to the median vs. bringing employees up to the median and then granting a cost of living raise, and then bring this for the next meeting. Council concurred. COMPLAINTS ABOUT ODORS Councilwoman Kennedy reported that she had received two complaints about odors in the Industrial Park from two new sources. COUNCIL MINUTES Page 8, 5-7-79 PROBLEMS AT CENTENNIAL PARK Councilman Saltarelli commented that since he had moved to Briarcliff Place in Tustin Meadows, he had become acutely aware of the problems of parking and of motorcycles driving through the park. He said that he would like to meet with Chief of Police Thayer and Dan Blankenship, City Administrator, and discuss the problem and then agendize it for the next meeting. Council concurred. PROCLAMATION FOR LOCAL BUSINESSMAN Councilman Saltarelli informed the Council that it had come to his attention that a local businessman was being honored at a banquet and he would like to get the information and give ~t~o the Mayor for a proclamation for him. Council concurred. LETTER FROM ORANGE COUNTY HOT LINE Mayor Schuster asked if staff had responded to a letter he had received from the Orange County Hot Line regarding adonation in support of their efforts. Dan Blankenship, City Administrator, said that he had not seen the letter but would confer with the Police Chief and make a recommendation. Attorney Rourke stated that the City is not in a position to take taxpayers money to make charitable donations. SB84 BILL In response to a question by Mayor Schuster ab6ut SB 84 from SCAG, regarding annual vehicle inspection program for areas not meeting the standards, Dan Blankenship responded that staff had not done anything on that bill. X. ADJOURNMENT It was moved by Saltarelli, seconded by Sharp, to adjourn at 12:19 A.M. to an Executive Session regarding legal matters and thence to the next regular meeting on May 21, 1979. Carried unanimously.