Loading...
HomeMy WebLinkAboutCC MINUTES 1978 12 04 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way December 4, 1978 I. CALL TO ORDER The meeting was called to order at 3:50 P.M. by Mayor Welsh. II. ROLL CALL Present: Councilmen: Welsh, Schuster, Kennedy, Sharp Absent: Councilmen: Saltarelli ~-~ [ Others Present: Dan Blankenship, City Administrator James G. Rourke, City Attorney Brian Chase, Community Development Director Bob Ledendecker, City Engineer Paul Raines, Assistant to City Administrator Ruth C. Poe, City Clerk Mary E. Wynn, Deputy City Clerk Don Biery, Parks and Recreation Director Ed Bushong, Finance Director III. PUBLIC CONCERNS David L. Colgan, 4100 Mac Arthur Blvd., Newport Beach, on behalf of Southern County Management, had several concerns about Ordinance No. 790, which regulates stock cooperatives. He questioned if the City's attempt to regulate stock cooperatives under a local subdivision ordinance was a proper and valid method of regulation. He stated that traditionally, stock cooperatives have not been considered to be subdivisions which are capable of being regulated by a local subdivision ordinance. The Sub- division Map Act does not contain any reference to stock cooperatives as it does to condominiums or community apartment projects. He referred to an opinion of the Attorney General that the Coastal Commission did not have the ability to regulate stock cooperatives because they are not subdivisions and therefor not capable of being regulated. Attorney Rourke responded that he would be happy to take a look at any additional information that Mr. Colgan had and that the Attorney General's opinion, if it is the one Mr. Rourke thought it was, was rendered prior to certain legislative changes affecting stock cooperatives. Margaret Byrd expressed concern because residents were not complying with the "Entrance" and "Exit" one way signs in the Community Center parking lot and thought better signing should be provided. Bob Ledendecker, City Engineer, pointed out that the 1978-79 budget in- cludes the widening of the entrance and exit and when this is accomplished, they will revert back to two way. IV. CONSENT CALENDAR 1. APPROVAL OF MINUTES - November 20, 1978 2. APPROVAL OF DEEDS in the amount of $504,628.39 RATIFICATION OF PAYROLL in amount of $ 59,674.19 3. RESOLUTION NO. 78-127 A Resolution of the City Council of the City of Tustin APPROVING FINAL PARCEL MAP NO. 78-123. (SW side of Dow Ave.) ~.~ Adoption of Resolution 78-127 as reconunended by Community Develop- ment Department. 4. RESOLUTION NO. 78-128 A Resolution of the City Council of the City of Tustin APPROVING FINAL PARCEL MAP NO. 78-124. (NE corner of 17th and Yorba) Adoption of Resolution 78-128 as recommended by the Community Development Department. 5. FINAL ACCEPTANCE OF TRACT NO. 10091 (E side of Holt, N of Plaza Way) Acceptance of public improvements within Tract No. 10091 and authorize the release of the cash deposit that was made as an improvement security. COUNCIL MINUTES Page 2, 12-4-78 6. FINAL ACCEPTANCE OF PARCEL MAP 76-85 AND RELEASE OF BONDS Acceptance of public improvements within Parcel Map 76-85 and authorize release of the following bonds: Faithful Performance Bond No. 5014077, Labor and Materials Bond No. 5014077, and Monumenta~i0n Bond No. 5018466. 7. RESOLUTION NO. 78-129 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. 114 - TENTATIVE TRACT 10258" ("B" St. and McFadden) Adoption of Resolution No. 78-129 as recommended by the Community Development Department. 8. REQUEST FOR TREE REMOVAL (210 Pacific Street) Recommended that tree be removed and replaced by the City with the property owner selecting a tree from the approved tree list. 9. TREE REMOVAL REQUEST (Redhill and Bryan Avenues) Recommended to remove and replace the trees as requested and replace with more suitable trees. 10. BUDGET REVISION Recommended by Finance Director that budget request be approved as it will add revenue of $9,463 and expenditures of only $7,943 in Recreation. Councilman Sharp asked that Item 9 be removed from the Consent Calendar and Councilwoman Kennedy asked that Item 1 be removed. It was moved by Schuster, seconded by Sharp, that the balance of the Consent Calendar be approved. Carried 4-0, Saltarelli absent. Item I. APPROVAL OF MINUTES - November 20, 1978 Councilwoman Kennedy said that on Page 4 of the Minutes, under Item 2 of PUBLIC CONCERNS, the Council's intent was not to close down the whole plant but to close down the odor producing segment of the plant. It was moved by Kennedy, seconded by Schuste~ to amend the minutes to reflect "odor producing segment" instead of "complete plant" in the motion made by Councilman Saltarelli regarding the Dynachem Corporation. Motion carried 4-0, Saltarelli absent. Item 9 - TREE REMOVAL REQUEST (Redhill and Bryan Avenues) Councilman Sharp explained that he and other residents who live or used to live at this location had planted and cared for these trees. He finds noise from the street a greater nuisance than the trees. He would like to see the City replace these trees with a larger tree. Following discussion, it was moved by Sharp, seconded by Kennedy, to con- tinue this item to the December 18th meeting, which would give staff time to recommend a replacement tree. Councilman Schuster commented that Olive trees can be sprayed to stop them from being so messy and perhaps these trees could be sprayed to eliminate part of the problem. Motion carried 4-0, Saltarelli absent. V. ORDINANCE FOR INTRO- DUCTION 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 Kennedy, seconded by Schuster, that Ordinance No. 790 have first reading by title. Carried unanimously, 4-0, Saltarelli absent. COUNCIL MINUTES Page 3, 12-4-78 Following reading of the Ordinance title by Deputy City Clerk, it was moved by Kennedy, seconded by Schuster, that Ordinance No. 790 be introduced. Motion carried unanimously, 4-0, Saltarelli absent. VI. ORDINANCES FOR ADOPTION NONE VII. OLD BUSINESS 1. POLICY GOVERNING CLIFTON C. MILLER COMMUNITY CENTER AND COUNCIL CHAMBERS Dan Blankenship, City Administrator, gave the staff report. It was moved by Kennedy, seconded by Sharp, to adopt the policy as submitted. Carried, 4-0, Saltarelli absent. 2. RESOLUTION NO. 78-123 A Resolution of the City Council of the City of Tustin, CA, RELATING TO THE CLASSIFICATION, COMPENSATION AND TERMS OF EMPLOYEMENT OF ADMIN- ISTRATIVE AND MANAGEMENT OFFICERS OF CITY. It was moved by Welsh, seconded by Kennedy, that Old Business Items 2 and 5 be continued and that we hire a personnel director immediately and have him bring the Council a comprehensive update of staff classifications, salary schedules, etc. to make us competitive with Orange County. Councilwoman Kennedy asked if this would present a problem for mid-manage- ment employees. Dan Blankenship, City Administrator, responded that it would because Resolution 78-123 only has reference to fringe benefits and most of these things have already been provided to general and police employees and should be authorized for mid-management. Councilman Sharp felt that a declaration of intent was needed regarding cost of living increases when legally permitted. Following further discussion and withdrawal of his previous motion, Mayor Welsh moved and Councilwoman Kennedy seconded, to hire a personnel director. Motion carried, 4-0, Saltarelli absent. It was moved by Kennedy, seconded by Schuster, to adopt Resolution 78-123 with the following changes: Page 2, line 30, the word hereto should be changed to heretofor and line 31to have a period after therefrom and strike out the rest of the paragraph. Motion carried, 4-0, Saltarelli absent. It was moved by Welsh, seconded by Schuster, to declare a statement of intent to give salary adjustments and cost of living raises to mid-manage- ment and administrative positions at the time the legislation permits, based on the new personnel director's recommendation. Carried 4-0, Saltarelli absent. 3. REMOVAL OF STREET TREES (EVERGREEN ASH) - MALENA AND LORETTA DRIVE Bob Ledendecker gave the staff report and asked that this item be continued to the 7:30 P.M. meeting as one resident of this area may be present to speak. It was moved by Schuster, seconded by Kennedy, to continue this item to the 7:30 P.M. session. Carried 4-0, Saltarelli absent. 4. AMENDMENT TO THE TUSTIN CITY CODE REGULATIONS AND BICYCLE LICENSING Councilwoman Kennedy asked that a new sentence be added to say "Pedestrians have absolute right of way on all sidewalks." Bob Ledendecker, City Engineer, said that he would include this in a new section of the Ordinance when it was introduced at the Dec. 18th meeting. COUNCIL MINUTES Page 4, 12-4-78 It was moved by Kennedy, seconded by Schuster, that staff schedule Ordinance 786 on the Dec. 18th agenda for introduction. Carried 4-0, Saltarelli absent. 5. RESOLUTION NO. 78-126 A ResOlution of the City Council of the City of Tustin, CA, AMENDING THE PERSONNEL RULES AND REGULATIONS OF THE CITY OF TUSTIN It was moved by Schuster, seconded by Kennedy, to continue this item to the Dec. 18th meeting. Carried 4-0, Saltarelli absent. 6. WALNUT AVENUE TRAFFIC STUDY It was moved by Kennedy, seconded by Schuster, to continue this item to the December 18th meeting. Carried 4-0, Saltarelli absent. VIII. ADJOURNMENT It was moved by Kennedy, seconded by Schuster, to adjourn at 4:57 P.M. to the 7:30 meeting. Carried 4-0, Saltarelli absent. "~ ~I.~Y CLERK REGULAR MEETING TUSTIN CITY COUNCIL December 4, 1978, 7:30 P.M. I. CALL TO ORDER The meeting was called to order at 7:32 P.M. by Mayor Welsh. II. ROLL CALL Present: Councilmen: Sharp, Welsh, Saltarelli Absent: Councilmen: Kennedy (arrived at 7:33 P.M.), Schuster (arrived at 7:34 P.M.) Others Present: Dan Blankenship, City Administrator James G. Rourke, City Attorney Ruth C. Poe, City Clerk Mary E. Wynn, Deputy City Clerk Brian Chase, Community Development Director Paul Raines, Assistant to City Administrator Bob Ledendecker, City Engineer Charles Thayer, Chief of Police Ed Bushong, Finance Director DOn Biery, Parks and Recreation Director Ken Fleagie, Community Development Consultant III. PUBLIC HEARING 1. PROPOSED FRANCHISE BY SIX STAR CABLEVISION, INC. Staff report was given by Dan Blankenship, City Administrator. The Council had questions about the company's financial resourses and how permanent their address is. The public hearing was opened at 7:42 P.M. In answer to questions about the availability of financing if Six Star Cablevision was able to secure several franchises in the area, Victor E. Sharar, 1441 E. 17th St., Santa Aria, Vice President of Six Star Cablevision, responded that although Micro Constructors, Inc. is an affiliated corpora- tion with the same officers and same ownership as Six Star Cablevision and has considerable assets on hand, they finance almost all of their construc- tion by private or public investors in tax sheltered arrangements. They are therefore looking to securing and building a consolidated network of Cablevision systems throughout Orange County and the metropolitan Los COUNCIL MINUTES Page 5, 12-4-78 Angeles area, with the feeling that continuing funding will be available. Councilman Saltarelli asked if Six Star Cablevision would take a non- transferable franchise and Mr. Sharar answered affirmatively. Mr. Sharar said that the complete cost of the system for Tustin including operational losses, which they anticipate for the first 4 or 5 years, would be between 2 and 2.2 million dollars, and they would hope to be providing service to the first people within nine months after the franchise is granted. It was moved by Kennedy, seconded by Schuster, to have staff prepare an ordinance awarding a franchise for consideration at the Dec. 18th meeting. Dan Blankenship, City Administrator explained that the Ordinance to grant a franchise was required by the City Code and it laid down policies of time frame, financing, area to be covered, etc. He said that we may have several draft ordinances to consider if other cablevision companies sub- mit an application. Councilman Saltarelli felt that we should have a reasonable extraction clause in the ordinance and that we should require they provide us evidence of financial ability to construct. Dr. Pleagle advised that the rating of Micro Constructors, Inc. by Dunn and Bradstreet satisfies the requirement of financial capability if they will be a party to acceptance of the franchise. Motion carried unanimously. This matter to be a continued public hearing. 2. PROPOSED RATE INCREASE - COMMUNITY CABLEVISION COMPANY Mayor Welsh advised the public of Community Cablevision's letter of withdrawal of the proposed rate increase at this time. Councilwoman Kennedy commended staff on a beautiful letter to Community Cablevision Co., dated November 13, 1978. Public Hearing was opened at 8:04 P.M. There being no comments or ob- jections, it was moved by Saltarelli, seconded by Sharp, that the public hearing be closed and the applicant's withdrawal be accepted. Carried unanimously. 3. REVOCATION OF THIOKOL DYNACHEM USE PERMIT 76-7 Staff report was given by Brian Chase, Community Development Director City Attorney Rourke said that the Council had been furnished with a number of items to which were attached the various declarations of people that were affected by noxious odors from Dynachem and suggested that the people be heard. Public hearing opened at 8:11 P.M. The following people spoke in favor of revoking Dynaohem's Use Permit be- cause of Dynachem's failure to cease the violations of their Use Permit and because of the possible health hazards from these odors: Verna Naylor, 14621 Cheshire Pi., Tustin Betty L. Smith, 1921 Dorchester Ave., Tustin Ron Hoesterey, 2251 Capertree Dr., Tustin Peer A. Swan, 14351 Morning Glory Rd., Tustin A. G. Saltarelli, 2332 Fig Tree Dr., Tustin Charles Todd, 1931 Dorchester Ave., Tustin John Kimberling, 707 Wilshire Blvd., Los Angeles, counsel for Dynachem, agreed that there was no question that there has been a problem with these odors, but the company does care about the residents in the area and are trying to correct the situation. Just recently, they have been able to accurately identify the source of the odor. They have acquired an expensive scrubber and after burner and now that this equipment is operational, there COUNCIL MINUTES page 6, 12-4-78 should be no odor. The material that was the source of the odor will not be manufactured until after Air Quality Management Board checks and approves. Keith Aaby, 13541 Diamond Head Drive, President of Orange County Pilots Association, Statedhe had not intended to speak on this issue but sug- gested that the City check the prevailing winds because he has smelled varnish at the B. P. John Company to the south of Tustin. After further discussion, it was moved by Saltarelli, seconded by Schuster, to adopt Resolution 78-130, with the modification of adding to Section II. C., following the word devices, "as in compliance with the permit to con- struct issued by the South Coast Air Quality Management Board on August 8, 1978 and notified the Connnunity Development Director", and omit the rest of Section II., C. Councilwoman Kennedy asked if there was any way to have a 100% control ..... device for this odor. Dan Wypiszynski, 1610 E. Ball Rd., Anaheim, with the South Coast Air Quality Management District, responded that a control device is not 100% effective. AQMB does set standards for these devices. Councilwoman Kennedy made a substitute motion, seconded by Welsh, to revoke Use Permit 76-7 for this process in the OCR section of Dynachem. After discussion for and against the substitute motion, the motion failed 1-4, Sharp, Schuster, Welsh and Saltarelli voting "no". The motion to adopt Resolution 78-130 with the modification as stated a/Dove, and the change in the date in Section II., D., from January 15, 1979 to December 18, 1978, carried 4-1, Kennedy opposed. It was moved by Saltarelli, seconded by Sharp, to recess to the Redevelopment Agency meeting at 10:15 P.M. Motion carried 5-0. MINUTES OF A REGULAR MEETING REDEVELOPMENT AGENCY December 4, 1978 1. Meeting called to order at 10:51 P.M. by Chairman Welsh. 2. Present: Members: Welsh, Sharp, Kennedy, Saltarelli Absent: Members: None 3. Approval of Minutes of November 20, 1978 meeting. It was moved by Saltarelli, seconded by Kennedy, to approve the minutes of the November 20, 1978 meeting. Carried 4-0. 4. It was moved by Kennedy, seconded by Saltarelli, to ~djourn at 10:16 P. M. to the next regular meeting of December 18, 1978. Carried. DING 8~ MEETING OF TUSTIN CITY COUNCIL RECONVENED AT 10:16 P.M. December 4, 1978 P~B~C street still say 8anta Aria, and he requested that these signs he COUNCIL MINUTES Page 7, 12-4-78 Dan Blankenship, City Administrator, responded that the Maintenance Dept. had already been notified to change them. 2. His next concern was billboards in the City. An existing ordinance has the time phasing for the removal of these billboards as May, 1978 but due to some legal decisions, the time was delayed and he wondered if the time has come that those billboards can now be removed. Attorney Rourke responded that he was looking into that now and would have a determination within two weeks. 3. His last concern was illegal U turns that were being made at the intersection of 17th and Yorba. Mayor Welsh asked Chief Thayer to look into this. Nick N. Ogden, 13841 Red Hill, commended the Dial A Ride program, stating that it has been marvelous for the Senior Citizens and that it was meeting their needs. II. OLD BUSINESS 3. REMOVAL OF STREET TREES (EVERGREEN ASH) - Malena and Loretta Driv~ After discussion, it was moved by Saltarelli, seconded by Sharp, to remove the Evergreen Ash Street trees at 13502, 13532, 13552 Loretta Drive and 13501, 13502, 13551, 13552, 13562, 13591, 13601, 13621, 13642, 13652, 13672 Malena Drive with the exception that anyone who wishes to assume the lia- bility and financial responsibility of fixing the sidewalks and pruning the trees may keep the trees. Also to authorize an additional appropria- tion to the street maintenance account in the amount of $2,000 and approve the Negative Declaration by minute order. Carried 5-0. III. NEW BUSINESS 1. UNITED WAY AND CHAD REQUEST FOR CHARITABLE CONTRIBUTION DRIVE, It was moved by Kennedy, seconded by Saltarelli, to designate United Way by resolution and conduct a drive with payroll deduction privileges pro- vided United Way, and to distribute CHAD'S materials to employees and col- lect any one time cash or check contributions from interested employees. Merritt Johnson, 3903 Metropolitan Dr., Suite 500, Orange, of the United Way spoke against distributing CHAD literature at the time of the United Way campaign because it would open the door for any other agency to dis- tribute their material, which could result in a potential cost to the City. After discussion, motion carried 5-0. 2. REMOVAL OF EVERGREEN ASH STREET TREES - SIXTH STREET AND EL CAMINO REAL Staff report was given by Bob Ledendecker, City Engineer. It was moved by Saltarelli, seconded by Kennedy, to continue this item to the Dec. 18th meeting so as to have time to determine action and the source of funding. Carried 5-0. 3. DRAFT AIR QUALITY MANAGEMENT PLAN It was moved by Saltarelli, seconded by Schuster, that the Mayor sign and forward a response to the South Coast Air Quality Management District and to the Southern California Association of Governments, substantially as drafted. Carried 5-0. 4. AWARD OF BID - COLUMBUS TUSTIN PARKSITE, PHASE I It was moved by Saltarelli, seconded by Sharp, that the Council award the Bid to NOBEST, Inc. of Westminster in the amount of $166,800.00 for Base Bid items No. 2, 4, 5 and Additive Bid items No. 6, 7 and 8 and authorize a supplemental appropriation from a grant of the 1976 State, Urban and Coastal Park Bond Act in the amount of $82,860.00. Carried 5-0. COUNCIL MINUTES Page 8, 12-4-78 5. RED HILL AVENUE TRAFFIC STUDY - Moulton Pkwy/Edinger St. to Laguna Rd. Bob Ledendecker, City Engineer, gave the staff report, pointing out that several of the items on the last page of the report could be implemented at the same time. Keith Aaby, 13541 Diamond Bead Dr., spoke regarding obtaining an at grade crossing of Newport Avenue with the AT & SF Railroad and extend Newport Ave. to Edinger St. He stated that the property immediately south of the railroad has already been condemned as a thoroughfare and it is within two ownerships, one of Case Swayne on the east and Callas Propane on the west, and it would probably take a lot of money to obtain that property. He sug- gested that we start by restriping Red Hill from the southerly and as far north as we can, and do what we can in~nediately. Councilman Saltarelli suggested that staff bring back to the next meeting a report containing small projects that can be done in the near future to alleviate some of the problems. Council concurred. IV. OTHER BUSINESS It was the concensus of the Council to try the new Council Agenda Packet Schedule as recommended by City Administrator effective in January. COUNCILWOMAN KENNEDY Mrs. Kennedy requested that the following items be agendized for the Dec. 18th meeting: 1. Problem of increased rents, and 2. Designation of the Stevens house as a historical landmark. COUNCILMAN SCHUSTER Mr. Schuster had a report from the Orange County Supervisors meeting on the Airport. They voted 3-2 to do the tests on the 727-200 to see if they could come up with a quieter engine for the airport. MAYOR WELSH 1. Mr. Welsh suggested that the staff have a report regarding our Dial A Ride project for the Orange County Transit District meeting. 2. Mayor Welsh asked the Council to adopt a policy that wherein practical the City deal only with those businesses that follow within the Presi- dent's lines to keep inflation down. Council concurred. 3. Mayor Welsh commended the Police Department for their diligent efforts in Community Services, especially their aid to the Tecate Orphanage which he felt was a very noble and humanitarian jesture. 4. Mayor Welsh made a motion, seconded by Sharp, that the Council take a position opposing the judge's experts' metropolitan plan on social balance in our community of bussing our children to Los Angeles. Carried 5-0. V. ADJOURNMENT It was moved by Kennedy, seconded by Saltarelli, to adjourn the meeting at 11:07 P.M. to the next regular meeting on December 18, 1978. Motion carried. / MAYOR TY CLERK