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HomeMy WebLinkAboutCC MINUTES 1979 02 20 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way February 20, 1979 I. CALL TO ORDER The meeting was called to order at 3:20 P.M. by Mayor Welsh. II. ""ROLL CALL Present: Councilmen: Welsh, Schuster, Kennedy Absent: Councilmen: Sharp, Saltarelli (arrived at 3:28 P.M.) Others Present: James G. Rourke, City Attorney Brian Chase, Community Development Director Ruth C. Poe, City Clerk Mary E. Wynn, Deputy City Clerk III. PUBLIC CONCERNS None IV. CONSENT CALENDAR 1. APPROVAL OF MINUTES - February 5, 1979 2. APPROVAL OF DEEDS in the amount of $240,838.49. RATIFICATION OF PAYROLL in the amount of $58,742.10. 3. RESOLUTION NO. 79-16 A Resolution of the City Council of the City of Tustin REQUESTING THAT THE STATE LEGISIATURE ADOPT LEGISLATION CREATING A NEW STATE HIGHWAY DISTRICT CONSISTING SOLELY OF ORANGE COUNTY Adoption of Resolution No. 79-16 as recommended by Engineering Dept. ""~ 4. RESOLUTION No. 79-17 A Resolution of the City Council of the City of Tustin, California, URGING THE COMMISSIONER OF INSURANCE TO MAINTAIN, AND RECOMMEND TO THE LEGISLATURE MAINTENANCE OF AN EQUITABLE SYSTEM OF TERRITORIAL RATING BY WHICH LOSS COSTS OF AUTOMOBILE INSURERS ARE ALLOCATED TO THOSE AREAS IN WHICH PERSONS CAUSING SUCH LOSSES RESIDE Adoption of Resolution No. 79-17 as requested by Mayor Welsh. 5. RESOLUTION NO. 79-18 A Resolution of the City Council of the City of Tustin, California, EXPRESSING ITS SUPPORT OF THE EFFORTS OF THE CALIFORNIA MOSQUITO AND VECTOR CONTROL ASSOCIATION AND THE ORANGE COUNTY VECTOR CONTROL DISTRICT IN ACQUIRING STATE SUBVENTION MONIES FROM THE STATE LEGISLATURE, STATE OF CALIFORNIA Adoption of Resolution No. 79-18 as requested by Mayor Welsh. 6. RESOLUTION NO. 79-19 A Resolution of the City Council of the City of Tustin, ANNEXING TO THE CITY OF TUSTIN CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED ANNEXATION NO. 119, 17th and PROSPECT Adoption of Resolution No. 79-19 as recommended by Community Development Department. 7. AMENDMENT TO PERS CONTRACT 8. SANTA ANA VALLEY IRRIGATION (S.A.V.I.) EASEMENT QUITCLAIM DEED Execution of attached deeds as recommended by City Engineer. 9. SELECTION OF RIGHT-OF-WAY AGENT FOR AHFP PROJECT NO. 938 and 939 (Bryan at Browning Intersection and Flood Control Improvements) Authorize selection of Right-of-Way Agent as recommended by Engineering Department. 10. BRYAN AVENUE AHFP PROJECT NO. 874-75 and NEWPORT AVENUE PHASE III AHFP PROJECT NO. 906-07 FINAL REPORTS Receive and file reports as recommended by Engineering Department. COUNCIL MINUTES Page 2, 2-20-79 Mayor Welsh asked that Item No. 7 be removed from the Consent Calendar for further discussion. It was moved by Kennedy, seconded by Schuster, to approve the balance of the Consent Calendar as recommended. Carried 3-0, Sharp and Saltarelli absent. 7. AMENDMENT TO PERS CONTRACT Mayor Welsh read the facts about the rate decrease that were required to be made public. ~_~ Because the material regarding this item was not available to the Council until the beginning of this meeting and they had not had time to review it, itwasmoVed by Schust~r~ seconded by Kennedy, that this item be continued to the March 5th meeting. Carried 3-0, Sharp absent and Saltarelli abstained as he arrived too late to hear the discussion. V. ORDINANCES FOR INTRO- DUCTION None VI. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 790 An Ordinance of the City Council of the City of Tustin, California, ENDING THE TUSTIN CITY CODE TO PROVIDE FOR THE REGULATION OF STOCK COOPERATIVES It was moved by Kennedy, seconded by Saltarelli, that Ordinance No. 790 have second reading by title. Carried 4-0, Sharp absent. Following the reading of the title of Ordinance No. 790 by the Deputy City Clerk, it was moved b~ Kennedy, secondedby Saltarelli, that Ordinance No. 790 be passed and adopted. David L. Colgan, 4100 MacArthur Blvd., Newport Beach, presented a letter to the Council and suggested that they read it before he made his comments. Mayor Welsh felt it appropriate that Council read the letter and then con- tinue with the item. Mr. Colgan thanked the Council and Attorney Rourke for listening to his facts. The main points he was addressing is the ability of municipalities to regulate stock cooperatives. He said that stock cooperatives were a change of owner- ship, not a division of land. Mr. Colgan answered "yes" to Mr. Saltarelli's question if he was representing a client wanting to convert an apartment. Attorney Rourke responded that he did not disagree with much Mr. Colgan said but does not agree with his basic conclusion. He said that he is comfortable with the Ordinance and it is within our legal rights. Above motion carried 4-0, Sharp absent. VII. OLD BUSINESS 1. CITY HALL PARKING LOT MODIFICATIONS It was moved by Saltarelli, seconded by Schuster, to continue this item to the next fiscal year. Carried 4-0, Sharp absent. VIII. NEW BUSINESS 1. AWARDS OF BIDS FOR FISCAL YEAR '78-'79 MISCELLANEOUS SIDEWALK AND CURB PROJECT Bids for subject project were opened at 11:00 a.m. on February 6, 1979 and were received as follows: COUNCIL MINUTES Page 3, 2-20-79 A. M. Construction Inc.- ................................ $29,658.86 T. J. Crosby Company Inc.- .............................. 30,780.45 Damon Construction Company ............ ~ ................ 31,886.32 Atlas Engineering and Construction Inc.- ................ 32,773.00 Markel Cement Contracting Company Inc.- ................. 32,948.08 It was moved by Saltarelli, seconded by Schuster, that Council award the contract to A. M. Construction Inc., of Whittier, California. Carried 4-0, Sharp absent. 2. REQUEST TO FILL ENGINEERING SECRETARY I POSITION AND ONE POLICE OFFICER POSITION It was moved by Kennedy, seconded by Schuster, that th~ positionsof Secretary I in the ENgineering Department and one Police O~fice~ in the Police Dept. be filled. Carried 4-0, Sharp absent. 3. REQUEST FOR TREE REMOVAL AT 1661 GREENMEADOW AVENUE It was moved by Saltarelli, seconded by Kennedy, that the tree be removed as requested and replaced at a safe distance from the water service with an ap- proved tree mutually accepted by both Mr. and Mrs. Charles Ross and the City. Carried 4-0, Sharp absent. IX. OTHER BUSINESS EXECUTIVE SESSION Mayor Welsh said that Dan Blankenship, City Administrator, had requested an Executive Session following the afternoon meeting, and therefore, we will adjourn to art ExecUtive meeting. ENDERLE GARDEN CC&RS Attorney Rourke explained that the Enderle Gardens has proposed some very minor amendments to their CC&RS. Since they were not able to get back with the revisions in time for the Council meeting and there is a need to record them, Mr. Rourke asked that the Mayor and City Clerk be authorized to approve the minor amendments when they are submitted. It was moved by Saltarelli, seconded by Kennedy, that the Mayor and City Clerk be authorized to approve the minor amendments in the Enderle Garden CC&Rs when they are submitted. Carried 4-0, Sharp absent. BOEING 727-200 AIRCRAFT Councilman Schuster reported that at the last Airport hearing, in reports from the General Service Agency on the evaluation of the Hughes Air West Boeing 727 200, it appears that the aircraft is noisier than the DC 9 and the tests will be discontinued shortly and they won't be using the Boeing 727 after March 30th. X. ADJOURNMENT It was moved by Saltarelli, seconded by Schuster, to adjourn at 4:00 P.M. to an Executive Session for legal matters and thence to the 7:30 P.M. meeting. Carried 4-0. / MAYOR ~~CI T~EE~~'~ REGULAR MEETING TUSTIN CITY COUNCIL February 20, 1979, 7:30 P.M. I. CALL TO ORDER The meeting was called to order at 7:38 P.M. by Mayor Welsh. COUNCIL MINUTES Page 4, 2-20-79 II. ROLL CALL Present: Councilmen: Welsh, Schuster, Kennedy, Saltarelli Absent: Councilmen: Sharp Others present: Dan Blankenship, City Administrator James Rourke, City Attorney Brian Chase, Community Development Director Mary Wynn, Deputy City Clerk Mayor Welsh reviewed the actions taken bythe Council at the afternoon meeting. III. PUBLIC -- HEARINGS 1. USE PERMIT 76-7 - THIOKOL/DYNACHEM (Continued Hearing) Brian Chase gave the staff report. Mayor Welsh gave a review of the progress of this issue as follows: May, 1976, the Planning Commission certified the EIR and approved Use Permit. June, 1978, Dynachem began production in the OCR unit, prior to authorization by Air Quality Management District. Nov. 6, 1978, complaints were received by staff from residents in the vicinity of Dynachem. Nov. 9, 1978, staff contacted Dynachem notifying them to show cause why their Use Permit should not be revoked. Nov. 24, 1978, a discharge of noxious odors effected a large area of adjoining residential neighborhoods. Nov~ 28, 1978, the City Council directed staff to schedule a Public Hearing for the revoking of their Use Permit and to take other appropriate legal action. Nov. 29, 1978, City Attorney Rourke obtained a temporary restraining order. Dec. 4, 1978, the City Council suspended the Use Permit 76-7 which for- bid Dynachem to use chemicals causing noxious odor and allows them only to test their equipment in order to correct deficiencies. Dec. 1978 thru Feb. 1979, the Air Quality began a series of investigations~ and tests at Dynachem unit. Dec. 14, 1978, the City Attorney obtained a temporary court injunction on Dynachem. Jan. and Feb. 1979, infrequent complaints about odors were received, how- ever, neither Air Quality nor staff were able to verify the nature or the source of those odors. Feb. 9, 1979, after a series of events and evening complaints, Mayor Welsh requested staff, because of the seriousness of the issue, to contact the homeowner's associations, requesting their cooperation and their support and their suggestions dealing with this basic issue. In addi- tion, we began a two weeks of evening surveillance in the Industrial Park and the adjacent neighborhood. Next we began a building by building inspection of all uses in the Industrial Park. Next technical assistants to private consultants to be hired and monitor by Dynachem for the evening hours. Feb. 15, 1979, Air Quality Board grants a variance to operate until March 7, 1979. Dynachem states that they will not produce Z26 at the Tustin plant in 1979. Feb. 20, 1979, the Continued Hearing on Use Permit 76-7 to be heard. Mayor Welsh said that he had asked the City Attorney to take by appoint- ment at hi~ office, ~or the week of Feb. 26th, anyone who would like to make out documentation on Dynachem and that he be present in the City Hall on the eveningsof Feb. 26 and Feb. 27, between 7 and 9 P.M. for __ appointments with people who could not make an appointment in the day- ~ time. Staff to send information to Homeowner's Associations and they in turn would distribute this information. The public hearing opened at 7:52 P.M. and Mayor Welsh requested that each speaker keep their remarks to 3 minutes. The following residents spoke in favor of revoking Use Permit 76-7 of Dynachem: Betty L. Smith, 1921 Dorchester Ave., Tustin Charles Ramsey, 2321 Fig Tree Dr., Tustin Ronald B. Hoesterey, 2251 Caper Tree Dr., Tustin COUNCIL MINUTES Page 5, 2-20-79 Verna Naylor, 14621 Cheshire Pi., Tustin Lois Ramsey, 2321 Fig Tree Dr., Tustin'~ A. G. Saltarelli, 2332 Fig Tree Drive, Tustin A. B. Ciesar, 2262 Coco Palm Dr., Tustin, who also submitted a letter from Anthony Terich, 2252 Coco Palm Dr., Tustin John Kimberling, 707 Wilshire, Los Angeles, respresentative for Dynachem, expressed his objection to the suspension of their Use Permit. He said that the next .hearing~before~ir~QUality Management District would be March 7th and he requested that the matter be continued until after March 7th. Vic Sucher, 1862 Brookshire Ave., Tustin, spoke in favor of making a definite decision one way or the other. It was moved by Saltarelli, seconded by Schuster, that the Public Hearing be closed. Carried 4-0, Sharp absent~ Following discussion by the Council and staff, it was moved by Welsh, seconded by Kennedy, to suspend Use Permit 76-7 on the OCR unit of Dynachem until March 5th and that we request cooperation of the Pepper- tree, Laurelwood and Tustin Meadows Homeowner~s Associations in communi- cating with their membership to make appointment for thorough examination and documentation for legal purposes of any complaints on this matter with Attorney Rourke, during his normal working hours of 9:00 to 5:00 at his office, as well as the evenings of Feb. 26 and Feb. 27 at 7:00 P.M. by appointment at City Hall. Motion carried 4-0, Sharp absent. It was moved by Kennedy, seconded by Welsh, that staff 160k at the ori- ginal Certificate of Occupancy and make sure that the original purpose of the original plan for Dynachem is being maintained and has not been expanded without the proper USe Permit. Carried 4-0, Sharp absent. 2. AMENDMENT TO ORDINANCE NO. 755, WHICH ADOPTED THE 1976 UNIFORM BUILDING CODE Brian Chase gave the staff report. The public hearing was opened at 9:25 P.M. and there being no comments or objections, it was closed. It was moved by Kennedy, seconded by Saltarelli, that Ordinance No. 797 have first reading by title. Carried 4-0, Sharp absent. Following the reading of the title of Ordinance No. 797 by the Deputy City Clerk, it was moved by Kennedy, seconded by Schuster, that Ordinance No. 797 be introduced. Carried 4-0, Sharp absent. It was moved by Kennedy, seconded by Saltarelli, to recess to the Redevel- opment Agency meeting at 9:27 P.M. Motion carried. MINUTES OF A REGULAR MEETING REDEVELOPMENT AGENCY February 20, 1979 1. Meeting called to order at 9:27 P.M. bY Chairman Welsh. 2.Present: Members: Welsh, Kennedy, Saltarelli Absent: Members: Sharp 3. Approval of Minutes of February 5, 1979 meeting. It was moved by Saltarelli, seconded by Kennedy, that the Minutes of the February 5, 1979 meeting be approved. Carried 3-0, Sharp absent. 4. It was moved by Kennedy, seconded by Saltarelli, to adjourn at 9:28 P. M. to the next regular meet' , . ' - . g~ '. C~M~" REC~OING SEC~F COUNCIL MINUTES Page 6, 2-20-79 MEETING OF TUSTIN CITY COUNCIL RECONVENED AT 9:28 P.M. February 20, 1979 I. PUBLIC CONCERNS StevenR. Sanders, 301 E1 Camino Real, thanked the Council for their interest in the E1 Camino area. He said they have a new method of com- munication by newsletter. The first matter that he brought to the Council was the renaming of Laguna Rd. to E1 Camino Real from Red Hill to EL Camino Real, They felt this would help in the growth of the E1 Camino area as the Red Hill area is their only freeway access. He will , have a written recommendation to the Council at the March 5th meeting. Mr. Sanders had three questions regarding the undergrounding of utilities and the redoing of the water line: 1. What would be the length of time that the street would be under repair, 2. Would the water line and under- grounding be done at two separate times, and3. What would be the cost of hook up. He asked for some guidelines on these matters. Mayor Welsh asked that he give a copy of his report to the staff and he responded that he had been and was in contact with the staff!on these matters. Richard B. Edqar, 13622 Loretta Dr., Tustin, said that he was gratified to see some additional consturction at the 17th St. & Newport interchange. He asked when it would be completed. Bob Ledendecker responded that Cal Trans would be turning on the signals tomorrow. Mr. Edgar asked what the time table was for the widening of Newport Blvd. by the County from the City Limits up to 17th St. Bob Ledendecker, City Engineer, responded that they have just approved the undergrounding from Wass to 17th St. They still are completing their EIR, and they have to acquire right-of-way rights. It will probably not be widened for ~bout two more years. II. OTHER BUSINESS PAYROLL RAISES Dan Blankenship, City Administrator, asked the City Attorney to give a report on salaries for employees and the State's restrictions on salaries as it effects the employees. Attorney Rourke said that he only hadinformation from the newspapers and abstract quotations. It does appear that cities who did not have contracts may grant raises for the 78-79 fiscal year without being deprived of their right to participate in the State so called bail out funds. The decision will not be final until thirty days from Feb. 15. He said he would be getting a copy of the decision in the next day or two so that we can satis- fy ourselves as to what it says in relation to our situation. The main thrust of the decision was directed at the question of whether SB154 could properly invalidate contracts that cities had with their employees entered into before SB154 was adopted. We did not have any contracts like that but he will be reading the decision and get back with Mr. Blankenship on what date that will be effective. Councilman Saltarelli asked for the decision on raises to be put on the March 5th agenda and for Dan Blankenship to have a recommendation on what raises might be appropriate for employees at that time. Council concurred~ REORGANIZATION OF COUNCIL Councilman Schuster said that it had been brought to his attention that we should have a more prestigious ceremony and oath of office for the change of Mayor and Mayor Pro T~mpore. He also felt that there should be a plaque given to the outgoing Mayor and to any existing City Council members who have been Mayor. It was moved by Schuster, seconded bySaltarelli, that the Council follow the Proposed proce.dures for Selection of Mayor and that a plaque be given to the outgoing Mayor and to any existing City Council members who have been Mayor. Carried 4-0, Sharp abseh~. COUNCIL MINUTES Page 7, 2-20-79 HEALTH STANDARDS In relation to the Dynachem problem, Councilwoman Kennedy asked Attorney Rourke what was the basis for a health standard in the Health and Safety Code. Attorney Rourke responded that the City would have to have evidence from someone other than laymen, such as a doctor, that there is some health hazard imposed. Mrs. Kennedy said that when the Health Dept. came out, they said that no standards have been established for chemical levels in the blood and she wondered if we were going to perhaps form a case on health hazards. Attorney Rourke said that we were trying to be as broad as we can and to not pass up any possible areas of attack on Dynachem but regardless of what you claim you have to have evidence as to health hazards from experts such as doctors or scientists of some kind. REFUND OF FEES FOR RECREATIONAL CLASSES Councilwoman Kennedy said that she had received mail about return of fees on classes that they could not attend and she asked Don Biery, Parks and Recreation Director, to review the fees. DOn Biery had a memo ready for the Council. He said that basically, last June the City Council set forth a policy of no refunds. He said they do attempt to allow people to take credit and apply the money elsewhere to another class or receive credit for a future class. VOTING FOR MAYOR C0u~Cil~om~n :Kennedy said she had received a memo about voting for the Mayor and she asked where the information came from and who asked for it. Dan Blankenship said that he had sent the memo and Councilman Schuster said that he had asked for the information. Mr. Blankenship said that he had re- ceived the information that there should be an open vote from the City Attorney. Attorney Rourke said that recently an Attorney General's opinion has been rendered that the Brown Act requires a public vote, not a secret vote. REORGANIZATION OF CITY COUNCIL Mayor Welsh recommended that we have reorganization of the City Council at the March 5th meeting. RECREATIONAL FACILITIES Mayor Welsh reported that the initial meeting with the representativesof Supervisor Riley, Saddleback College, Tustin School District and the Irvine Company was very productive in discussing cultural recreational things. ANNEXATION OF IRVINE COMPANY LAND It was moved by Welsh, seconded by Saltarelli, that staff prepare a resolution for Council consideration for the March 5th meeting to annex the Irvine Company lands within the Tustin area. The intent is to insure that if these lands are ever removed from the agricultural preserve, they will be developed to meet the quality standards of the City of Tustin with the preservation of the open space that will be of benefit to the total community. Carried 4-0, Sharp absent. ANTI BUSING POSITION Mayor Welsh had a letter from Senator Schmitz thanking us for supporting the anti busing position and requesting that we follow through on our original position by contacting members of the judicial committee hearing this item SCA No. 2. Council concurred that we follow through with this correspondence. COUNCIL MINUTES Page 8, 2-20-79 VIAL OF LIFE PROGRAM Mayor Welsh said that the Vial of LIfe kick off luncheon, sponsored by the Tustin Police Department and the Tustin Kiwanians would be on March 6th at the Beverly Hills Savings and Loan. Everyone is invited. PERS RETIREMENT ABUSES Mayor Welsh said that he had watched the documentary on Public Employee Retirement Compensation (PERS). He felt that it might be appropriate to write a letter requesting some action to the Chairman of the Public Employees~ Retirement Commission but also to the League of Cities requesting that they address the retirement abuses that are presently taking place, particularly in the Safety personnel. He asked that staff have a resolution on this for our next Council meeting. Ceuncil concurred. BOYS CLUB PROPOSAL Council had received correspondence from the Boys Club. Mayor Welsh felt that their proposal for utilization of the funds of the Youth Center has merit. He asked staff to come back with definitive con~nents for the March 5th meeting. Dan Blankenship, City Administrator, said that this matter was scheduled for the next meeting with a report from the Parks and Recreation Department. III. ADJOURNMENT It was moved by Saltarelli, seconded by Kennedy, to adjourn at 10:00 P.M. to the next regular meeting on March.5, 1979. Carried 4-0, Sharp absent.