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HomeMy WebLinkAboutCC MINUTES 1978 12 18 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way December 18, 1978 I. CALL TO ORDER The meeting was called to order at 3:43 P.M. by Mayor Welsh. II. ~-~ROLL CALL Present: Councilmen: Welsh, Kennedy, Saltarelli Absent: Councilmen: Sharp, Schuster Others Present: Dan Blankenship, City Administrator James G. Rourke, City Attorney Brian Chase, Community Development Director Ruth C. Poe, City Clerk Paul Raines, Assistant to City Administrator Mary E. Wynn, Deputy City Clerk III. PUBLIC CONCERNS None IV. CONSENT CALENDAR 1. APPROVAL OF MINUTES - December 4, 1978 2. APPROVAL OF DEMANDS in the amount of $53,434.85 RATIFICATION OF PAYROLL in amount of $60,599.01 3. RESOLUTION NO. 78-131 A Resolution of the City Council of the City of Tustin AUTHORIZING THE MAINTENANCE OF CERTAIN CASH FUNDS WITHIN THE CITY FOR THE EFFICIENT CONDUCT OF BUSINESS Adoption of Resolution 78-131 as recommended by Finance Director. 4. FISCAL YEAR 1979-80 A.H.F.P. (Arterial Highway Financing Program) SUbmittals RESOLUTION 78-132 A Resolution of the Council of the City of Tustin REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF MOULTON PARKWAY AND MYFORD ROAD RESOLUTION 78-133 A Resolution of the Council of the City of Tustin REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF YORBA STREET BETWEEN FIRST STREET AND IRVINE BOULEVARD. RESOLUTION 78-134 A Resolution of the Council of the City of Tustin REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF VALENCIA AVENUE FROM RED HILL AVENUE TO THE NEWPORT FREEWAY Adoption of Resolutions 78-132, 78-133, and 78-134 as recommended by the City Engineer. 5. RESOLUTION 78-135 A Resolution of the City Council of the City of Tustin ENDORSING THE IRVINE CENTER DRIVE IMPROVEMENT PROJECT WITHIN THE CITY OF IRVIME Adoption of Resolution 78-135 as recommended by the City Engineer. 6. RESOLUTION 78-136 A Resolution of the City COuncil of the City of Tustin, CA, APPROVING PARTICIPATION IN COUNTY LITTER CLEAN-UP AND ENFORCEMENT GRANT Adoption of Resolution 78-136 as recommended by City Administrator. COUNCIL MINUTES Page 2, 12-18-78 7. RESOLUTION 78-137 A Resolution of the City Council of the City of Tustin APPROVING TENTATIVE PARCEL MAP NO. 78-126. (1301 Santa Fe Drive) Adoption of Resolution 78-137 as recommended by Community Development Director. 8. RESOLUTION 78-138 A Resolution of the City Council of the City of Tustin RELATIVE TO CHARITABLE PAYROLL DEDUCTIONS Adoption of Resolution 78-138 as recommended by City Administrator. 9. REQUEST FOR CONSULTANT SERVICES - TRAFFIC SIGNAL DESIGN Recommended that staff solicit proposals for the engineering design services for the subject traffic signal modification work and appropriate $27,000 in General Fund reserves with revenue adjusted on the Gas Tax Fund to show an additional $82,000 in FAU funds. 10. EXTENSION ON PARCEL MAP 77-96 (Tustin Village Way) Recommended to grant a one year extension of Tentative Parcel Map 77-96 to allow the owner time to explore alternate uses. 11. RESOLUTION 78-139 A Resolution of the City Council of the City of Tustin, CA, APPOINTING DANIEL K. SPRADLIN AS DEPUTY CITY ATTORNEY Adoption of Resolution 78-139 as recommended by City Attorney 12. RESOLUTION 78-140 A Resolution of the City Council of the City of Tustin, CA, APPROVING FINAL PARCEL MAP 78-120 (South side of Walnut Ave. between Franklin and Myford Road) Adoption of Resolution 78-140 as recommended by Com. Dev. Director. Councilwoman Kennedy requested that Items 10 and 11 be removed from the Consent Calendar to be considered separately. It was moved by Saltarelli, seconded by Kennedy, that the balance of the Consent Calendar beapproved. Carried 3-0, Sharp and Schuster absent. Item 10 EXTENSION OF PARCEL MAP 77-96 (Tustin Village Way) Councilwoman Kennedy asked why the developer was asking for an extension. Brian Chase, Community Development Director, reported that the Skate Palace that was shown on the Parcel Map was not going in now and the developer is looking at alternate uses. Because of the restrictions of the Sub-division Act, the developer has to act on the Parcel Map within one year of the filing date, which is this date. For this reason, they are requesting an extension. This is a courtesy to the developer. It was moved by Kennedy, seconded by Saltarelli, to grant a one year extension of Tentative Parcel Map 77-96 to allow the owner time to explore alternate uses. Carried 3-0, Sharp and Schuster absent. Item 11 RESOLUTION 78-139 A Resolution of the City Council of the City of Tustin, CA, APPOINTING DANIEL K. SPRADLIN AS DEPUTY CITY ATTORNEY Councilwoman Kennedy was concerned that the Deputy City Attorneys may not have the expertise that the City Attorney has and asked if the City was hiring Attorney Rourke or were they hiring his firm. Attorney Rourke responded that he was the one hired but by deputizing some of his staff, he could save the City money by having some things done by the deputies and it also gives him the ability to provide more services to COUNCIL MINUTES Page 3, 12-18-78 the City, especially when there is an urgency matter and more than one person needs to prepare an item. It was moved by Saltarelli, seconded by Welsh, to adopt Resolution 78-139 which appoints Daniel K. Spradlin as Deputy City Attorney. Carried 2-1, Kennedy opposed, Sharp and Schuster absent. V. ORDINANCES FOR INTRO- DUCTION 1. ORDINANCE No. 786 An Ordinance of the City Council of the City of Tustin, AMENDING THE TUSTIN CITY CODE RELATIVE TO TRAFFIC REGULATIONS AND BICYCLE LICENSING It was moved by Saltarelli, seconded by Kennedy, that Ordinance No. 786 have first reading by title. Carried 3-0, Sharp and Schuster absent. Following reading of the Ordinance title by Deputy City Clerk, it was moved by Saltarelli, seconded by Kennedy, that OrdinanCe No. 786 be introduced. Motion carried 3-0, Sharp and Schuster absent. 2. ORDINANCE NO. 791 An Ordinance of the City of Tustin, CA, AMENDING TUSTIN CITY CODE CONCERNING THE REGULATION OF CABLE TELEVISION SYSTEMS It was moved by Kennedy, seconded b~ Saltarelli, that Ordinance No. 791 have first reading by title. Carried 3-0, Sharp and Schuster absent. Following reading of the Ordinance title by Deputy City Clerk, it was moved by Saltarelli, seconded by Kennedy, that Ordinance No. 791 be introduced. Motion carried 3-0, Sharp and Schuster absent. VI. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 790 An Ordinance of the City Council of the City of Tustin, CA, AMENDING THE TUSTIN CITY CODE TO PROVIDE FOR THE REGULATION OF STOCK COOPERATIVES It was moved by Saltarelli to have first reading by title. Attorney Rourke asked that the item be continued as there was a gentleman who wished to discuss some parts of the ordinance with him. Councilman Saltarelli withdrew his previous motion, and moved that the item be continued to the January 15, 1979 meeting, seconded by Kennedy. Motion carried 3-0, Sharp and Schuster absent. VII. OLD BUSINESS 1. TREE REMOVAL REQUEST (Red Hill and Bryan Avenues) This item was delayed to the 7:30 P.M. meeting so Councilman Sharp could be present. 2. REMOVAL OF EVERGREEN ASH STREET TREES - Sixth St. and E1 C~m~no Real It was movedby Saltarelli~ secondedby Kennedy, to remove and replace twelve trees ai~ng the south side of E1 Camino Real with 15 gallon size trees and 22" or 30" box size trees respectively; to authorize an additional appropriation of general fund monies to the Street Tree Maintenance Account in the amount of $3,750.00 and to the Sidewalk Construction Account in the amount of $11,500.00; and to approve the Negative Declaration my minute order. In answer to Councilwoman Kennedy's question of how this would be financed, Dan Blankenship, City Administrator, said that it would he financed from the General Fund. Motion carried 3-0, Sharp and Schuster absent. COUNCIL MINUTES Page 4, 12~18-78 3. PROPOSED PERSONNEL RULES AND REGULATIONS After some discussion as to whether the Parks and Recreation Director should be appointed by the City Council or the City Administrator, Mrs. Kennedy asked that the item be continued to the 7:30 P.M. meeting and that staff provide her with a copy of the Council Minutes for November 20, 1978. It was the concensus of the Council that this item be continued to 7:30 P.M. 4. WALNUT AVENUE TRAFFIC STUDY - Red Hill Avenue to Myford Road This item was continued to the 7:30 P.M. meeting. 5. RED HILL AVENUE TRAFFIC STUDY It was moved by Saltarelli, seconded by Kennedy, to stripe an additional southbound travel lane on Red Hill Avenue between Sycamore and Warner Avenue and to remove all on-street parking on the westerly side of Red Hill Avenue within the same limits when the widening construction southerly of Valencia Avenue is complete, probably in February, 1979; and to remove all signing and street legends pertaining to "Right Turn Only" on Red Hill Avenue, southerly of Nisson Road. Carried 3-0, Sharp and Schuster absent. 6. SALE OF SURPLUS BUILDING (Mercury Building) Bob Ledendecker, City Engineer, said that this item was advertised as a Public Hearing and should be heard as such at the 7:30 P.M. meeting. Council concurred. 7. OTHER CABLEVISION APPLICATIONS Staff report was given by Dan Blankenship, City Administrator. There was no action to be taken on this item. 8. RECOMMENDATION TO ALLOW A CLAIM (SIKKING) It was moved by Saltarelli, seconded by Kennedy, to authorize settlement of the claim of Steven R. Sikking, filed 9-21-78, in the amount of $500.00. Carried 3-0, Sharp and Schuster absent. 9. STATUS OF DIAL-A-RIDE It was moved by Saltarelli, seconded by Kennedy, to approve continuance of the Tustin Dial-A-Ride in concept pending additional information on costs and usage at the January 15th Council meeting. Carried 3-0, Sharp and Schuster absent. VIII. MEW BUSINESS 1. PROBLEM OFEXCESSIVE APARTMENT RENT INCREASES Councilwoman Kennedy asked that this item be continued to the 7:30 P.M. meeting as there would be several people here interested in this item. Councilman Saltarelli felt that if people were going to be speaking about this item at the 7:30 P.M. meeting, it should have been'advertised as a Public Hearing and not as New Business. Mayor Welsh suggested that he bring thisup this evening under Council Concerns. 2. REGISTRATION OF STEVENS HOUSE AS A HISTORICAL PLACE Councilwoman Kennedy expressed that the Stevens house is a very beautiful house and she would like to have it recognized officially and she would like to have the Council's concurrence in this. She wondered if the owner would cooperate in this, and if there was any way we could encourage the County to follow up on noting this property as a historic place. Councilwoman Kennedy moved that staff prepare an amendment to the Zoning Ordinance to create a preservation zone for the purpose of protecting structures of historical and architectural significance, such as the Stevens home on West Main. COUNCIL MINUTES Page 5, 12-18-78 Because of previous experience with a historical district in Kalamazoo, Michigan, Brian Chase, Com. Dev. Dir., said that he could have a report ready regarding this for the Feb. 5th meeting. He said that there are a lot of legal technicalities involved in putting together such an ordinance. Councilman Saltarelli was opposed to the staff spending time on such an ordinance until at least three Councilmen voted in favor of it. Council concurred that staff should prepare a letter for the Mayor's signature indicating that the City Council would cooperate with the property owner if the owner wishes to have the property registered as a historical place. 3. SEVENTEENTH STREET WIDENING IMPROVEMENTS Mayor Welsh asked Bob Ledendecker, City Engineer, where he would put this expenditure of approximately $40,000 on a priority list for the City's needs. Bob Ledendecker responded that he probably would put it about 1982 or 1983 but since there is going to be a signal modification with a new signal standard at this location in the near future, the widening should be done at the same time as the cost would probably be reduced by about $15,000. Mayor Welsh asked if he would have made this recommendation to widen the street at the time of the signal modification if he had not been prompted. Mr. Ledendecker answered in the affirmative. It was moved by Welsh, seconded by Saltarelli, that staff proceed with the relocation of the Edison Co. Transmission Pole and appropriate an additional $7,500.00 to the 1978-79 Capital Improvement Budget; that staff coordinate this widening project with the F.A.U. traffic signal modification project; and to include the estimated balance of $16,900.00 in the 1979-80 Capital Improvement Budget when it is adopted. Carried 3-0, Sharp and Schuster absent. 4. CITY HALL WASTE RECEPTACLES AND SAND URNS It was moved by Kennedy, seconded by Saltarelli, to authorize the purchase of waste receptacles and sand urns and approve the additional appropriation to the 1978-79 budget in the amount of $1,750.00. Carried 3-0, Sharp and Schuster absent. 5. AMENDMENT TO CITY'S RETIREMENT CONTRACT FOR MISCELLANEOUS EMPLOYEES It was moved by Saltarelli, seconded by Kennedy, to approve the proposed PERS contract amendment in principle and authorize the appropriate meetings. Carried 3-0, Sharp and Schuster absent. 6. SOLID WASTE MANAGEMENT USER FEES Staff report was given by Dan Blankenship, City Administrator. After no objections were received from the Council to a memo that was sent to them previously regarding this matter, staff sent a letter to the County of Orange stating that the City does not object to the imposition of reasonable Solid Waste Management User Fees provided there is an economic need by the County after whatever revenues are provided by the State are taken into consideration. No action was taken on the matter. 7. REQUEST FOR TREE REMOVAL AT 1301 Sycamore Avenue Staff report was given by Bob Ledendecker, City Engineer, stating that staff does not feel the trees should be removed. It was moved by Saltarelli, seconded by Welsh, that the request that the four Palm trees be removed be denied. Carried 3-0, Sharp and Schuster absent. 8. REQUEST TO FILL VACANT POSITIONS It was moved by Saltarelli, seconded by Kennedy, to authorize filling the presently vacant but budgeted Maintenance Foreman and Police Officer positions. Carried 3-0, Sharp and Schuster absent. COUNCIL MINUTES Page 6, 12-18-78 Councilwoman Kennedy and Mayor Welsh were opposed to lifting the requirement to have Council authorization before filling vacancies. 9. PART TIME HELP FOR COMMUNITY DEVELOPMENT DEPARTMENT It was moved by Kennedy, seconded by Saltarelli, to authorize hiring a part time, temporary employee, at an hourly rate of $3 - $4 for the Community Development Department. Carried 3-0, Sharp and Schuster absent. 10. CHIEF DEPUTY CITY CLERK POSITION It was moved by Saltarelli, seconded by Kennedy, to authorize appointment of Mary Wynn as Acting Chief Deputy City Clerk effective 1-1-79 at a salary of $1,100. Carried 3-0, Sharp and Schuster absent. IX. PRESENTA- TION George Briton, Orange County Environmental Management Agency, gave a presentation on the NEOOC report. X. ADJOURN- MENT It was moved by Kennedy, seconded by Saltarelli, to adjourn at 5:19 P.M. to the 7:30 P.M. Council meeting. Carried 3-0, Sharp and Schuster absent. s 'f MAYOR v c~ REGULAR MEETING TUSTIN CITY COUNCIL December 18, 1978, 7:30 P.M. I. CALL TO ORDER Following the Planning Agency meeting, the Council meeting was called to order at 7:39 P.M. by Mayor Welsh. II. ROLL CALL Present: Councilmen: Sharp, Welsh, Kennedy, Saltarelli Absent: Councilmen: Schuster Others Present: Dan Blankenship, City Administrator James G. Rourke, City Attorney Brian Chase, Conununity Development Director Paul Raines, Assistant to the City Administrator Ruth C. Poe, City Clerk Mary E. Wynn, Deputy City Clerk III. PRESENTA- TION Mayor Welsh read in full and presented a proclamation to Harriet Scheldrup, retiring head librarian for the Tustin Branch of the Orange County Library. IV. PUBLIC HEARINGS 1. PROPOSED FRANCHISE BY SIX STAR CABLEVISION, INC. (Con ' t) Dan Blankenship, City Administrator, gave the staff report. The public hearing was opened at 7:45 P.M. There being no comments or objections, the public hearing closed. It was moved by Kennedy, seconded by Saltarelli, that Ordinance 792 have first reading by title. Councilman Saltarelli asked if Six Star Cablevision, Inc. had agreed to bond. City Attorney Rourke responded that there was ~a $50,000 bond in the form of a deposit in the bank, subject to an agreement~ that would contain the pro- visions essentially that are set forth in the proposed document granting the COUNCIL MINUTES Page 7, 12-18~78 franchise. Motion carried 4-0, Schuster absent. After the reading of the title of Ordinance 792 by the Deputy City Clerk, it was moved by Kennedy, seconded by Saltarelli, that Ordinance 792 be introduced, subject to further evaluation of the desirability of the Franchise at the second reading and adoption. Carried 4-0, Schuster absent. 2. REVOCATION OF THIOKOL/DYNACHEM USE PERMIT 76-7 Brian Chase, Community Development Director, gave the staff report. Attorney Rourke explained that the injunction that has been issued enjoins Thiokol/Dynachem from causing any noxious or offensive odors to be put out and to not operate its OCR unit without full air polution equipment in operation. He has had several calls from people stating they have had ex- perience with continued odors. He said that the Council should hear any people who want to be heard. The public hearing opened at 7:56 P.M. Ron Hoesterey, 2251 Caper Tree, President of Peppertree Homeowners Associ- atio~ read parts of a letter that was addressed to the Council asking them to stand firmly behind all the conditions of Use Permit 76-7. Mayor Welsh asked him if he had had any complaints about odors since Monday, December llth and he answered that he had not. James Ost, 1932 Roanoke, Tustin Meadows, said that his wife noticed a very obnoxious odor today and that he had had numerous neighbors that had talked to them about the odors. Verna Naylor, 14621 Cheshire, complained that she had noticed odors last Monday evening, Tuesday, Wednesday and today. She urged Council to revoke the Use Permit of Dynachem. Peer Swan, 14351 Morning Glory, said he had expressed his views at an earlier meeting but was sure people were there who would not speak and asked all those present who were there about the odors to raise their hands. John Kimberlin~, 707 Wilshire Blvd., Los Angeles, Attorney for Dynachem, said they were doing everything humanly possible to keep from causing any odors. They have not produced the odor causing product. They are in agree- ment with everything Air Quality Management Board (AQMB) has asked them to do. They are puzzled by some of these complaints because the prevailing winds have been from the direction of the Peppertree homes at some of the times the com- plaints were received. He felt as long as they were in compliance with AQMB and Use Permit 76-7, it would not be fair to arbitrarily revoke the Use Permit. He asked that the hearing be continued to the January 15th meeting. At 8:13 P.M., the hearing was directed back to the Council. Attorney Rourke asked if other people had experienced any noxious odors since last Monday, Dec. llth. Peer Swan, 14351 Morning Glory, said he had not smelled any in the last 7 days. Charles and Donna Puckett, 2301 Caper Tree, said they both smelled a distinct odor on Friday, Dec. 15th, at about 10:30 P.M. Joan Hoestere~ said she had noticed an odor on Saturday morning between 7 and 9A.M. Attorney Rourke asked if they could describe the smell. Joan Hoesterey said that the smell she smelled was similar to the smell of a skunk. Charles Puckett said he couldn't give a distinct description but it was similar to rotten potatoes. COUNCIL MINUTES 12-18-78~ Page 8 Councilwoman Kennedy moved that Use Permits for developments that come into the City state that any processes that emit an odor, whether they have a con- trol device or not, are prohibited. Brian Chase, Community Development Director, stated that he had requested AQMB call him if there is a violation. Mayor Welsh asked that this information be relayed to the Council. Councilman Sharp asked that we do a more scientific research to be sure these odors are coming from Dynachem. Brian Chase, Commhnity Development Director, responded that AQMB is setting up equipment to monitor the odors. After further discussion, it was moved by Saltarelli, seconded by Sharp, to continue this public hearing to the January 15, 1979 meeting and staff to advise Council of any odors from the plant prior to that date. Dan Blankenship, City Administrator, asked that the Homeowner's Associations and the public work closely with the City staff and call immediately the Air Quality Management Board and the City if they detect any noxious odors. AQMB'S telephone numbers are: Daytime, 991-7200, Night, 213/572-6306. Dan Blanken- ship's home phone is 731-3477 and Thiokol/Dynachem's numbers are 832-3560 until 4:00 P.M. and the night number is 993-3960. Motion carried 4-0, Schuster absent. It was moved by Saltarelli, seconded by Sharp, to recess to the Redevelopment Agency meeting. Carried 4-0, Schuster absent. MINUTES OF A REGULAR MEETING REDEVELOPMENT AGENCY December 18, 1978 1. Meeting called to order at 9:10 P.M. by Chairman Welsh. 2. Present: Members: Welsh, Sharp, Kennedy, Saltarelli Absent: Members: None 3. Approval of Minutes of December 4, 1978 meeting. It was moved by Sharp, seconded by Saltarelli, to approve the minutes of the December 4, 1978 meeting~ Carried 4-0. 4. It was moved by Sharp, seconded by Kenned~ to adjourn at 9:11 P.M. to the next regular meeting of January 15, 1979. Carried 4-0. ~ECRETARY MEETING OF TUSTIN CITY COUNCIL RECONVENED AT 9:11 P. M. December 18, 1978 I. PUBLIC HEARING 3. SALE OF SURPLUS BUILDING (Mercury Building) This item was advertised as a Public Hearing but was mistakingly placed on the agenda under Old Business No. 6. Mayor Welsh declared a five minute recess at 9:12 P.M. COUNCIL MINUTES Page 9, 12-18~78 Council meeting reconvened at 9:17 P.M. Staff report was given byDan Blankenship, City Administrator. The public hearing was opened at 9:19 P.M. There being no coI~ments or objections, it was moved by Kennedy, seconded by Saltarelli, that the public hearing be closed and that no action be taken regarding the sale of the Mercury Building and that staff perform the following: (1) Re- evaluate the consultant's appraisal report to determine a practical minimum base bid value; (2) Determine as to whether this building might ultimately be utilized at Columbus-Tustin Parksite on an interim or permanent basis or at any other site; and (3) Explore the possibility of assigning the sale of this building to a real estate firm or individual capable of marketing this building. Staff to come back to Council with a report. Carried 4-0, Schuster absent. II. PUBLIC CONCERNS Richard Edgar, 13622 Loretta Drive, asked if the AHFP projects were passed at the afternoon meeting listed as Consent Calendar Item No. 4, and was in- formed that they were. He asked about a 2 year phasing of another AHFP Pro- ject at Browning and Bryan Avenues and was curious if the second year had been asked for. Bob Ledendecker, City Engineer, responded that the original intent was to be a two year project but this had been cut back to one year. Mr. Edgar also asked when the improvements on the center islands on Newport Blvd. would be achieved. Mr. Ledendecker advised that this was included in this year's budget but staff had requested that the installation of the landscaping be held up until spring. Peer Swan, 14351 Morning Glory, asked how he could review the material re- garding items on the agenda that affect the area near Laurelwood homes prior to a Council meeting. Council informed him that there is a Council book at the Library and the Police Department for public use several days prior to the meetings. III. OLD BUSINESS 4. WALNUT AVENUE TRAFFIC STUDY - Red Hill Avenue to Myford Road Bob Ledendecker, City Engineer, gave staff report. Joan Harkins, 2181 Caper Tree, was pleased with the study but was still con- cerned about the homeowners in the Peppertree tract turning left onto Walnut. Peer Swan, 14351 Morning Glory, co~ended the report and said that staff had been most responsive. He was in favor Of the 35 mph speed limit and the widening of the sidewalks along both sides of Walnut Ave. between Browning and Raintree Lane. He was opposed to the proposed location of Jamboree Road. It was moved by Kennedy, seconded by Saltarelli, to authorize the posting of a 35 mph Speed limit on Walnut Avenue between Red Hill Ave. and Jamboree Rd. (future) by adopting Ordinance 793 and direct the Police Dept. to enforce speed limit with use of radar; and to continue radar enforcement of the area along Walnut Avenue between Oxford Ave. and Raintree Lane for the posted speed limit of "25 mph when children are present." Carried 4-0, Schuster absent. It was moved by Saltarelli, seconded by Kennedy, to have first reading by title of Ordinance No. 793, and that the ordinance be passed as an urgency ordinance. Carried 4-0, Schuster absent. Following reading of the Ordinance title by Deputy City Clerk, it was moved by Kennedy, seconded by Saltarelli, that Ordinance No. 793 be introduced. Carried 4-0, Schuster absent. It was moved by Saltarelli, seconded by Kennedy, to have second reading by title. Carried 4-0, Schuster absent. It was moved by Saltarelli, seconded by Kennedy, that Ordinance No. 793 be COUNCIL MINUTES Page 10, 12-18-78 passedI and adopted as an urgency ordinance. Roll call Vote 4-0, Schuster absent. After further discussion, it was moved by Saltarelli, seconded by Kennedy, that staff be directed to proceed with plans for widening the sidewalks along both sides of Walnut Avenue, between Browning Avenue and Raintree Lane and con- tact the homeowners associations to be assured that all three associations are in agreement and when we have this assurance to agendize the item for consider- ation for the inclusion in this year's fiscal budget. Carried 4-0, Schuster absent. ~ 1. TREE REMOVAL REQUEST (Red Hill and Bryan Avenues) It was moved by Sharp, seconded b~xSaltarelli, to remove the 7 trees along Red Hill and Bryan Avenues and replace them with 24" box size stone pines and that an additional $1150.00 be appropriated to the Street Tree Maintenance Account. Carried 4-0. Schuster ~bsent. 3. PROPOSED PERSONNEL RULES AND REGULATIONS It was moved by Welsh, seconded by Kennedy, that Resolution No. 78-126 be passed and adopted with the addition that the Parks and Recreation Director will be appointed by the City Council. Carried 3-1, Saltarelli opposed, and Schuster absent. IV. NEW BUSINESS 1. PROBLEM OF EXCESSIVE APARTMENT RENT INCREASES The following people spoke regarding rent increases at their apartments: Peggy Debeau, 17554 Vandenberg Lane, B-8 Nancy M. D'Amico, 17554 Vandenberg Lane, B-3 Arlene Shirley Fruchtman, 15601 Tustin Village Way, #36 Saul Fruchtman, 15601 Tustin Village Way, ~36 __ William Johnson, 15601 Tustin Village Way They asked the City for help in this matter, particularly a letter from the Mayor to the apartment owners, asking their cooperation in holding down rent increases. Most of them were not for rent control but wanted some kind of positive action to be taken. Lynn Wessell, 532-C S. Citrus, Covina, advocate for California Housing Council, suggested that rent control was not the answer but that through the real estate board, maybe a voluntary mediation board could be formed. Councilman Saltarelli asked him to forward the paper work on such an under- taking. Ray R. Maggi, 6141 Orange Avenue, Cyprus, President of Apartment Association of Orange County, expressed his opinion that rent control was not the answer. In his opinion, we do not have an excessive rent increase problem. Inflation problems, fixed income problems coupled with owner, resident problems have led to resident outcrys for help. He recommended that the City consider 3 items: (1) Expansion of the HUD, Section 8, Housing program, (2) a mediation board, and (3) send letter to apartment owners. It was moved by Welsh, seconded by Kennedy, that staff draft a letter identi- fying the problem for the Mayor's signature to be sent the apartment owners in Tustin. Carried 4-0, Schuster absent. -- 11. CONVERSION OF CETA POLICE OFFICER POSITION AND COUNCIL POLICY PERTAINING TO FUTURE CETA POSITIONS It was moved by Saltarelli, seconded by Kennedy, to authorize, effective January 1, 1979, the assimilation of one CETA Police Officer position into a permanent employee position for Police Officer, and to authorize the current salary and fringe benefit cost in the amount of $6,595 for the remainder of this budget year; and to absorb into the regular City budget the two remaining CETA Police Officer positions when the CETA program ends or the positions become vacant. Carried 4-0, Schuster absent. COUNCIL MINUTES Page 11, 12-18-78 12. ADDITIONAL PARKING NEEDED FOR CIVIC CENTER Staff report was given by Dan Blankenship, City Administrator. The Council had concerns about alternatives of condemnation of property at Main and Preble, redoing our parking lot and perhaps eliminating some land- scaping islands, and investigating the possibility of having a reciprocal parking agreement with the office buildings across the street from City Hall if the parking problem is in the evening or weekends. It was moved by Welsh, seconded by Kennedy, for staff to explore alternatives for extra parking and come back to Council with report. Carried 4-0, Schuster absent. 13. TUSTIN WATER WORKS FRANCHISE Councilwoman Kennedy asked Attorney Rourke if the approximate 20 concerns that the Council had regarding this franchise some months ago had all been addressed in this ordinance. Attorney Rourke said that he thought they had been addressed but to be certain he would have to check his notes and report back at the next meeting. It was moved b~ Kennedy, seconded by Welsh, that this item be continued to the January 15, 1978 meeting. Carried 4-0, Schuster absent. It was pointed out that the Tustin Water Works is having a public hearing regarding a request for increased rates. Dan Blankenship, City Administrator, suggested that the deficiencies in the Water Works system be tied to the rate increase. It was moved by Welsh, Seconded by Kennedy, that a presentation be made to Public Utilities Commission requesting the rate increase be tied to correcting deficiencies in the water system. Carried 4-0, Schuster absent. 14. CHANGE OF OWNERSHIP OF COMMUNITY CABLEVISION It was moved by Saltarelli, seconded by Kennedy, that Resolution No. 78-141 be passed and adopted, consenting to the change of ownership of Community Cablevision. Carried 4-0, Schuster absent. V. OTHER BUSINESS CITY ADMINISTRATOR Mr. Blankenship asked if Council desired to have the subject of the freeze on filling City positions agendized for a future meeting. Mayor Welsh felt the filling of the Personnel Director position would help to take care of this problem. Councilwoman Kennedy expressed that she would like to have the freeze policy continued for another year. COUNCILWOMAN KENNEDY 1. Mrs. Kennedy asked what the policy was going to be to agendize items. Mayor Welsh responded that any member of the Council can request an item be placed on the Agenda, and then the Council to vote on the item at the meeting. Only the person voting in the majority can request the item be put on the agenda again. 2. Mrs, Kennedy, in looking at the audit of this City, detected some unusual figures in our health benefit trust fund. She asked if our self insurance plan was working or was it perhaps in financial trouble. Mr. Saltarelli suggested that staff give a report on this to each member of the Council. Council Minutes Page 12, 12~18-78 MAYOR WELSH 1. Mayor Welsh said that Dan Blankenship, City Administrator, had requested an executive session for legal matters about the Tustin Water Works. It was the concensus of the Council that this be scheduled~for Wednesday, December 20, 1978, at 3:00 P.M. 2. The City has received its December sales tax allocation of $319,526 for a quarter total of $605,776. 3. The City Hall identification signs have been erected. 4. The City Council pictures are hanging in the City Hall. 5. Mayor Welsh asked if we were enforcing the handicapped parking ordinance. Chief Thayer responded that we are enforcing it. 6. Mayor Welsh said that the County is establishing a committee to develop a mutual program which will perhaps require the County resident to pay for his services. 7. Mayor Welsh asked for Council direction regarding a letter he received asking for a ~awprohibiting the parking oftrailers, travel homes, campe~S~ and service trucks on the street and the enforcing Qf the~ Ordinance regarding animals defecating on the street or public areas. Council did not wish to take any action. 8. Mayor Welsh had received a League of California Cities Resolution change of by-laws. No one was opposed to it. 9. Mayor Welsh asked for an explanation from Dan Blankenship regarding com- ments of lack of control and supervision of the dispatcher for the Dial A Ride. Mr. Blankenship responded that the Maintenance Department was identifying to us that there are some problems in the dispatching function of the Dial A Ride,' which need to be resolved. Background noise and training needed to keep con- versations short between the driver and the dispatcher are some of the pro- blems that need to be looked into. Perhaps a different frequency can be used. VI. ADJOURNMENT It was moved by Saltarelli, seconded by Kennedy to adjourn at 11:21 P.M. to an Executive Session on Wednesday, December 20, 1978 at 3:00 P.M., and thence to the next regularly scheduled meeting on January 15, 1978. Carried 4-0, Schuster absent. k-_CITY CLERK ~ ~