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HomeMy WebLinkAboutCC MINUTES 1979 03 05 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way March 5, 1979 I. CALL TO ORDER The meeting was called to order at 3:38 P.M. by Mayor Welsh. ~-~II. ROLL CALL Present: Councilmen: Welsh, Sharp, Schuster, Kennedy, Saltarelli Absent: Councilmen: None Others Present: Dan Blankenship, City Administrator James G. Rourke, City Attorney Brian Chase, Community Development Director Ruth C. Poe, City Clerk Mary E. Wynn, Deputy City Clerk Councilwoman Kennedy asked an explanation on Agenda Item, Public Hearing No. 1, from staff. Attorney Rourke explained that we are not in a position to go forward with a public hearing at this time until we get the data that is being collected from residents who have smelled the obnoxious odors. He requested an execu- tive session to follow the afternoon meeting on legal matters pertaining to Dynachem and said that if Council wished to schedule a public hearing for a III. future meeting, it would be advertised in the paper. PUBLIC CONCERNS JebStuart, 9240 Telstar Ave., E1 Monte, CA, William F. Hammond, 1610 E. Ball Rd., Anaheim, and Linda Thornton, 9150 Flair Drive, E1 Monte, CA, spoke in defense of South Coast Air Quality Management District because of a motion that was made by Councilman Saltarelli at a Special Meeting on February 26, 1979 to authorize the Mayor to contact our Legislative RepresentatiVes in Sacramento and advise them of what we believe to be an ineffectual, unsatis- -'~ factory, inept and perhaps unsympathetic activity on the part of the Air Quality Management District and request that the auspices and technical ex- pertise of that district be utilized to assist the City of Tustin in deter- mining the true nature of the air quality problem that may or may not exist in the City of Tustin. They gave a step by step report of their activities, stating that they have expended 900 hours in the past three months in re- sponding to complaints and inspecting this plant. Following many questions by Council and answers by the three above repre- sentatives from Air Quality Management District, Councilman Saltarelli stated that he felt better about their performance and was happy to hear what they reported today. It was moved by Schuster, seconded by Sharp, to adjourn at 4:11 P.M. to an Executive Session on legal matters about Thiokol/Dynachem, and thence to the 7:30 P.M. meeting. Carried unanimously. / REGULAR MEETING TUSTIN CITY COUNCIL March 5, 19V9, 7:30 P.M. I. CALL TO ORDER The meeting was called to order at 7:35 P.M. by Mayor Welsh. It was moved by Welsh, seconded by Sharp, that the staff be directed and authorized to select an engineering consultant from a firm with satisfactory experience in problems such as we are experiencing in reference to odors from the Irvine Industrial Tract and to employ such firm. Carried unanimously. COUNCIL MINUTES Page 2, 3-5-79 II. ROLL CALL Present: Councilmen: Welsh, Sharp, Schuster, Kennedy, Saltarelli Absent: Councilmen: None Others Present: Dan Blankenship, City Administrator James G. Rourke, City Attorney Brian Chase, Comnunity Development Director Ruth C. Poe, City Clerk Mary E. Wyhn, Deputy City Clerk REORGANIZATION OF CITY COUNCIL Mayor Welsh yielded the chair to Ruth C. Poe, City Clerk, for purposes of reorganizing the Council~ Ruth C. Poe, City Clerk, stated that she had been doing this for 19 years. and then asked for nominations from the floor for Mayor. Mayor Welsh nominated Councilman Schuster for Mayor. It was moved by Saltarelli, seconded by Welsh, that nominations be closed, and a unanimous vote be cast for Mr. Schuster. Carried unanimously. Ruth Poe asked for nominations for Mayor Pro Tempore. It was moved by Sharp, seconded by Schuster, that Councilman Saltarelli be nominated for Mayor Pro Tempore. It was moved by Welsh, seconded by Sharp, that nominations be closed. The vote for Councilman Saltarelli as Mayor Pro Tempore was 4~1, Kennedy opposed. Ruth C. Poe, City Clerk, administered the Oath of Office of Mayor to Stephen L. Schuster and the Oath of Office of Mayor Pro Tempore to Donald Saltarelli. Councilman Welsh, as outgoing Mayor, presented the gavel to Mayor Schuster. Mayor Schuster presented a plaque to Mayor Welsh for his service the past year. III. PUBLIC HEARINGS 1. SIXTH STREET EXTENSION TO NEWPORT AVENUE - RIGHT OF WAY ACQUISITION Dan Blankenship gave the staff report. Bob Ledendecker, City Engineer, informed the Councilthat our Consultant Right-of-Way Agent has attempted to purchase the property from Mr. Proctor. We have made two offers and Mr. Proctor and the City cannot agree upon the price, so we felt that it would be in the best interest of both the City and Mr. Proctor that we go into the condemnation proceedings and let the courts establish the price for the property. The public hearing opened at 7:47 P.M. There being no co~ents or objections, the public heraring closed. It was moved by Saltarelli, seconded by Sharp, that Resolution No. 79-21 be passed and adopted. Carried unanimously. It was moved by Saltarelli, seconded by Kennedy, to recess at 7:48 P.M. to the Redevelopment Agency meeting. Carried Unanimously. MINUTES OF A REGULAR MEETING REDEVELOPMENT AGENCY March 5, 1979 In the past, the Mayor has been the Chairman of the Redevelopment Agency. Due to a conflict of interest, Mayor Schuster is not on the Redevelopment Agency and therefore could not be Chairman. Mayor Schuster suggested that Mayor Pro.Tempore Donald Saltarelli chair the meeting. 1. The meeting was called to order at 7:48 P.M. by Acting Chairman Saltarelli. COUNCIL MINUTES Page 3, 3-5-79 2. Present: Members: Saltarelli, Sharp, Kennedy, Welsh Absent: Members: None 3. Approval of Minutes of February 20, 1979 meeting. It was moved by Welsh, seconded by Sharp, that the Minutes of the February 20th meeting be approved. Carried unanimously. 4. AWARD OF BID - UTILITY UNDERGROUND DISTRICT NO. 4 Bob Ledendecker, City Engineer, gave the staff report. It was moved by Kennedy, seconded by Sharp, that all bids be rejected for the Utility Underground District No. 4 and that the project be re-bid in May or June of 1979. Carried unanimously. 5. It was moved by Welsh, seconded by Sharp, that Mr. Saltarelli be elected as Chairman of the Redevelopment Agency. Carried 3=1, Kennedy opposed. 6. It was moved by Welsh, seconded by Sharp, to adjourn at 7:51 P.M. to the next regular meeting on March 19, 1979. Carried unanimously. MEETING OF TUSTIN CITY COUNCIL RECONVENED AT 7:51 P.M. March 5, 1979 =I. PUBLIC CONCERNS PROPOSED CULTURAL ARTS FACILITY Gelia Dolcimascolo, 17792 Orange Tree Lane, Tustin, representative for the Tustin Area Citizens for the Arts, read a proposal that she had for the Council to preserve the integrity of the $150,000 fund from the sale of the Tustin Youth Center so thatit may be used in a planned manner that will achieve the greatest good for the greatest number of people for a multi- purpose Cultural Arts facility. She asked that this item be placed. on~Tthe agenda for the March 19th meeting. Mayor Schuster instructed staffto consider this for the March 19th meeting. TELEPHONE FACILITY Richard B. Edgar, 13622 Loretta Dr., Tustin, brought up that we are close to the point where the Telephone facility r that was purchased 5 years ago will be fully paid for and he suggested that it would be good to have a pre- sentation of some kind regarding this. Councilman Welsh suggested thatwe have a report on the Telephone facility. SIGNALS AT NEWPORT AND 17TH Helen Edgar, 13622 Loretta Dr., Tustin, pointed out that she was appreciative of the new signals at Newport and 17th St. but there was a large traffic block at the intersection. Bob Ledendecker, City Engineer, said that the signals were operational but not completed. He said that within another week, they should be functioning properly. Mrs. Edgar also said that within 20 minutes, she noticed Four cars making "U" turns in front of Walker and Lee and Standard Oil Co. on 17th Street where there is a big sign that says "No U Turns". Mayor Schuster referred this to the Polite Department. COUNCIL MINUTES Page 4, 3-5-79 SIGNALS AT RED HILL AND SYCAMORE Lawrence Maldarelli, 13171 Silver Birch Dr., Tustin, noted to the Council that there is a terrible problem of going North and South on Red Hill Ave. In the morning, it is terrible to get through Sycamore and in the evening, the Nisson St. light allows traffic to go north for 25% of the time and to make the left turn going onto the freeway, sometimes he has waited 15 lights. Bob Ledendecker, City Engineer, responded that staff had previously made a report on these problems. He said there was a serious problem with a high volume of cars. At one time the signal system for the I-5 Freeway was not operating properly but now is operating the way it was designed. TUSTIN BOY'S CLUB PROPOSAL Cliff Poulson, P. O. Box 781, Tustin, executive representative of the Boy's Club of Tustin, spoke in favor of placing the money from the sale of the old Youth Center in an endowment fund, not to be used as general operating costs, but to be kept for a future facility, but to use only the interest from the money for programs for youth. Mayor Schuster responded that Council would consider his proposal along with many others that they have. II. CONSENT CALENDAR 1. APPROVAL OF MINUTES - February 20,1979. 2. APPROVAL OF DEMANDS in the amount of $771,3~2.~9., . RATIFICATION OF PAYROLL in the amount of $55,437.08. 3. TUSTIN BOYS CLUB'S PROPOSAL Recommendation that Council respond to the Boys Club letter in the form of keeping their proposal in mind but indicating that a new facility was still possible and would be a preferred option as __ recommended by the City Administrator. 4. MC FADDEN AVENUE PAVEMENT STRIPING MODIFICATION Approval as recommended by City Engineer. 5o JACOBSON MEMORIAL TRAFFIC ISLAND Approval as recommended by City Engineer. 6. RESOLUTION NO. 79-22 A Resolution of the City Council of the City of Tustin, California, RELATIVE TO INTENT AND ASSURANCE FOR PETERS CANYON ANNEXATION Adoption of Resolution No. 79-22 as submitted by R. Kenneth Fleagle, Consultant. Councilwoman Kennedy asked that Item No. 5 be removed from the Consent Calendar for further discussion. It was moved by Sharp, seconded by Saltarelli, to approve the balance of the Consent Calendar as recommended. Carried unanimously. 5. JACOBSON MEMORIAL TRAFFIC ISLAND Councilwoman Kennedy felt that since the E1 Camino businessmen had an interest in this item, it should be discussed separately. -- There were no E1 Camino Real businessmen at the meeting to speak on this matter. It was moved by Welsh, seconded by Saltarelli, that nothing be done to modify the Jacobson Memorial Traffic Island at this time, but when the E1 Camino Real street improvement project is under design, the island should be investigated and corrected to help reduce the type accidents as described in staff report and that staff communicate with E1 Camino merchants and the Chamber of CommeE~e regarding this matter. Carried unanimously. III. ORDINANCES FOR INTRO- DUCTION None COUNCIL MINUTES Page 5, 3-5-79 IV. ORDINANCE FOR ADOPTION 1. ORDINANCE NO. 797 An Ordinance of the City of Tustin, California, AMENDING ORDINANCE NO. 755 OF THE CITYOF TUSTIN, CALIFORNIA, WHICH ADOPTED THE 1976 UNIFORM BUILDING CODE. It was moved by Welsh, seconded by Sharp, that Ordinance No. 797 have second reading by title. Carried unanimously. Following the reading of the title of Ordinance No. 797 by the Deputy City Clerk, it was moved by Welsh, seconded by Kennedy, that Ordinance No. 797 be passed and adopted. ROll Call Vote: Ayes: Schuster, Sharp, Saltarelli, Kennedy, Welsh. Noes: None. V. OLD BUSINESS 1. RESOLUTION NO. 79-20 (PERS Amendment) A Resolution ~f Intention to APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF TUSTIN Dan Blankenship gave the staff report. It was moved by Saltarelli, seconded by Kennedy, that Resolution 79-20 be passed and adopted. Councilwoman Kennedy asked if we have a projected guess or factual data that this will save us money. Dan Blankenship, City Administrator, responded that it was factual and it saves the City $12,000 a year. Motion carried unanimously. 2. POSSIBILITY OF A PRIVATE COMPANY ACQUIRING DIAL-A-RIDE Dan Blankenship, City Administrator, asked that this item be continued to the March 19th meeting when information in the form of a proposal will be ready. Council concurred. VI. NEW BUSINESS 1. RECOMMENDATIONS ON CETA POSITIONS The staff report was given by Dan Blankenship, City Administrator. It was moved by Saltarelli, seconded by Welsh, that the report is conceptually acceptable subject to final review at budget time. Carried unanimously. 2. COUNCIL CHAMBER SEATING Councilwoman Kennedy commented that she could accept alternatives 2, 3 or 4 in the staff report. She moved, seconded by Welsh, to segregate the first three rows of seats for non-smoking and the back three rows of seats for smoking by appropriate signing and no removal of seating. Following further discussion, the motion carried unanimously. 3. RECOMMENDATIONS ON 1978-79 SALARY INCREASES It was moved by Welsh, seconded by Kennedy, to grant the 4.2% pay increase to general employees effective the pay period ending March 11, 1979. Carried unanimously. Councilman Welsh expressed that he would prefer that Council give salary increases that were in the median range of cities of similar size to manage- ment and administrative employees rather than give 5% now and come back COUNCIL MINUTES Page 6, 3-5-79 later with another proposal and do this piece meal. He felt that the Council had expressed in other meetings that they were in favor of paying the median salary of cities of similar size. Following some discussion, it was moved by Welsh, seconded by Kennedy, to direct Dan Blankenship to come back with recommendations for mid management and department heads of salary adjustments in the median range of cities of similar size to be retroactive to the pay period ending March 11, 1979. Following discussion that clarified that cities of similar size would be the last eleven cities 0n the salary survey in the staff ret~ort with Fountain Valley being at the top and Stanton being at the bottom, the motion carried unanimously. There was no action take~ regarding recommendation No. 4, Special Adjustments. 4. PERSONNEL VACANCIES It was moved by Welsh, seconded by Saltarelli, to approve the filling of vacancies of Automotive Mechanic in the Maintenance Department, Senior Account Clerk in the Finance Department, and one IPolice Officer in the Police Department. Carried Unanimously. VII. OTHER BUSINESS EXPANSION OF "TUSTIN TODAY" Dan Blankenship, City Administrator, suggested that with recent discussions of annexation, it would be beneficial to expand the circulation area for the "Tustin Today" paper into the county area that is in Tustin's sphere of influence on a trial basis for a few issues. It was moved by Welsh, seconded by Schuster, to expand the circulation area for the "Tustin Today" paper into the county area that is in~ Tustin's sphere of influence for this issue and for staff to get Council's approval for each __. quarterly issue. In response to a question about the added cost, Dan Blankenship said that it would be increased from $2400 per mailing to $4800. Motion carried Unanimously. IRVINE COMPANY AREA ANNEXATION Dan Blankenship asked Dr. Fleagle to make a report on the annexation. Dr. Fleagle requested to make the report at an executive session following the meeting. Council concurred. SIX STAR FRANCHISE AMENDMENT Attorney Rourke stated that at a previous meeting, the Council had adopted an Ordinance granting a franchise for cable television to Six Star Cablevision, Inc. whereby they would post a $50,000 cash bond. There was a miscommUnication with them in that after the Ordinance was adopted and they looked at it more carefully, they realized they had thought the bond amount would only remain on deposit until such time as they had fulfilled their obligations to construct the system and thereafter the bond would be reduced to a lesser amount. Our Ordinance requires that there be two bonds in an amount each that is set by the Council that stays in effect during the entire period of the franchise. __ The staff recommends that it would be reasonable that after the period of construction is completed, that they be required only to maintain bonds of $5,000 in favor of the subscribers. If the Council is in favor of this, we have an Ordinance that would amend the franchise ordinance in that manner, and he recommended that Ordinance No. 798 have first reading by title. It was moved by Saltarelli, seconded by Welsh, that Ordinance No. 798 have first reading by title. Carried Unanimously. Following the reading of the title of Ordinance No. 798 by the Deputy City Clerk, it was moved by Kennedy, seconded by Saltarelli, that Ordinance No. 798 be introduced. Carried unanimously. COUNCIL MINUTES Page 7, 3~5~79 DYNACHEM STATUS Councilmem Welsh asked if Attorney Rourke could give a schedule of events regarding Dynachem. Attorney Rourke responded that depositions had been taken and several letters had been received and that there were a few people who still wanted to be deposed and that we should have these statements from the reporters by the end of this week or some time next week. They have obtained some information and proposals and will still be obtaining more from engineering firms so that action can be taken by the Council to employ a firm to assist in the scienti- fic analysis of the problem. We have a hearing set for this Friday, March 9th, on the application of Dynachem for a preliminary injunction. When the data, both in the form of the statements that are being taken and the report from the consultants has been obtained, this information will be brought before the Council and the matter set for a public hearing. TRAFFIC ON RED HILL Councilman Sharp asked to hear a report on progress to clear up traffic on Red Hill. Bob Ledendecker, City Engineer, said that he would have a written report for the next meeting. ADVISORY COMMITTEE REGARDING DYNACHEM Councilwoman Kennedy acknowledged all the help that Council has had from the residents of Tustin in coming to the meetings and donating.~p, any hours of time to gather data about the odor problem from Dynachemla~Ishe/moved, seconded by Welsh, that Council establish a Citizens Advisory Co~mi~tee to work with the City, our consulting firm, and our attorneys on the Thiokol/Dynachem problem. Mrs. Kennedy reconmlended that perhaps some of the poeple who have been so faithful could be put on this committee, such as Betty and A1 Smith, Verna Naylor, Lois Ramsey, and Ron Noesterey. Councilman Saltarelli suggested that Attorney Rourke should look into this and give his opinions relative to potential litigation and where their~posi- tion regarding their testimony might be and then agendize it for the next meeting. Following further discussion, Councilwoman Kennedy agreed to insert the words "consider appointing them" and then ask for legal input from the Attorney. The amended motion would read: "that Council consider appointing a Citizens Advisory Committee to work with the City, our consulting firm and our attorneys on the Thiokol/Dynachem problem and that Attorney Rourke give Council legal input on this action.~ Carried unanimously. COUNCIL REORGANIZATION Councilwoman Kennedy did not want anyone to interpret her opposition to Mr. Saltarelli's appointment as Mayor Pro Tempore and Chairman of the Redevelop- ment Agency as a personal disapproval of Mr. Saltarelli. However, according to the City laws, the Mayor and Mayor Pro Tempore positions should hold no other power than ceremonial and she would like to see it rotated on a regular basis between all of the Council with no one serving more unless all members have served and that was why she opposed Mr. Saltarelli's appointment, nothing personal. NOISE POLLUTION FROM AIRPORT Councilwoman Kennedy had received a petition with about 100 signatures pro- testing the noise from the increased air traffic at the Orange County Airport. She said she would give it to Mr. Schuster who is the Council's representative on the Airport Commission. ORANGE COUNTY HOUSING AUTHORITY Councilman Welsh asked if there were any funds accrued to the City from the City's participation with the Orange County Housing Authority. COUNCIL MINUTES Page 8, 3-5-79 Dan Blankenship, City Administrator, said that he believed Mr. Welsh was referring to the Housing and Community Development Act money. We received the first 2 years allocation directly and then we entered into a cooperative agreement with the County with the~stipulation that they use the money in County islands and related areas to our community rather than us taking the money ourselves and being involved in the program directly. There was a report several months ago that they had one study of some of the islands and their needs for a small portion of the money and they have also made the area eligible for the Housing Rehabilitation Loan program. Councilman Welsh asked Council's permission to look into this further. SIXTH STREET SENIOR CITIZENS HOUSING Councilman Welsh asked if We have a time table on groundbreaking of the 6th Street Senior Citizens complex. Brian Chase, Community Development Director, said plans were submitted two weeks ago. They were picked up for corrections this morning and will be resubmitted at a later date. Most of the hold up is with the Federal Government. Staff is doing everything they can to move it along. SOUTHERN PACIFIC PROPERTY ON NEWPORT AND LAGUNA Councilman Welsh had a letter from the City Attorney to Southern Pacific Properties regarding property at Newport and Laguna. The recommendation was to post another sign. He asked if he felt posting another sign was the solution to the problem. Attorney Rourke said that we have gotten approvel today from Southern Pacific not only to post further signs but to put barricades on the bicycle trail and on the back of the property to prevent entrance onto the property. As soon as additional posting of signs is done, citations can be issued. Chief Thayer said that when the signs are posted, owners will be given notices on the vehicles to move them or they will be towed away. ENERGY CONSERVATION Councilman Welsh suggested that in light of the fuel shortage, that the City consider an energy conservation program and recommended that staff contact the Edison Company to see if there are ways of cutting down. ALIEN RESIDENTS IN OUR COMMUNITY Councilman Welsh recommended that we address our Congress on passing legis- lation to assist local governments in handling problems, both social, educa- tional, economical, etc., that are affecting local governments because of alien residents within the area. Council concurred that staff should draft a resolution regarding this. VIAL A LIFE PROGRAM Mayor Schuster announced that the Vial A Life program was starting the next day and commended the Police Department and-the Kiwanians for this program. CONFINING OF CATS Mayor Schuster said he had had a letter regarding problems with cats running loose. Attorney Rourke said he could look into it and see if anything could be done. Chief Charles Thayer commented that a cat is not considered a domesticated animal. The County will provide traps for stray cats and once the cat is caught, you can call them and they will come out and take it to the pound. COUNCIL COMMITTEE ASSIGNMENTS Mayor Schuster stated that he was not prepared to make assignments to commit- tees tonight but probably would maintain most of the positions the way they are and will talk to the individuals to see if there are any necessary changes. There are two theories on these jobs. One is to switch them around so that everybody gets into everything and the other is to keep people on the job that they are proficient in and he was more in favor of the second theory. COUNCIL MINUTES Page 9, 3-5-79 PETERS CANYON RECREATIONAL AREA Mayor Schuster requested staff to respond soon to Ralph Diedrich's letter of February 22nd regarding the Peters Canyon Recreational Area. VIII. ADJOURNMENT It was moved by Welsh, seconded by Saltarelli, to adjourn at 9:48 P.M. to an Executive Session and thence to the next regular meeting on March 19, 1979. Carried unanimously. ' / MAYOR