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HomeMy WebLinkAboutCC MINUTES 1978 11 20 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way November 20, 1978 I. CALL TO ORDER The meeting was called to order at 3:55 P.M. by Mayor Welsh. II. ~"~ROLL CALL Present: Councilmen: Welsh, Schuster, Kennedy, Saltarelli Absent: Councilmen: Sharp Others Present: Dan Blankenship, City Administrator James G. Rourke, City Attorney Brian Chase, Conununity Development Director Bob Ledendecker, City Engineer Paul Raines, Assistant to City Administrator Ruth C. Poe, City Clerk Mary E. Wynn, Deputy City Clerk III. PUBLIC CONCERNS None IV. CONSENT CALENDAR 1. APPROVAL OF MINUTES - November 6, 1978 2. APPROVAL OF DEMANDS in the amount of $828,016.13 RATIFICATION OF PAYROLL in amount of $58,616.13 3. RESOLUTION NO. 78-119 A Resolution of the City Council of the City of Tustin ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION. Adoption of Resolution 78-119 as recommended by Ass't City Engineer. 4. RESOLUTION NO. 78-120 A Resolution of the City Council of the City of Tustin APPROVING THE CITY'S COOPERATION IN THE HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WITH THE COUNTY OF ORANGE Adoption of Resolution 78-120 as recommended by Community Development Director. 5. RESOLUTION NO. 78-122 A Resolution of the City Council of the City of Tustin, CA, REQUESTING ORANGE COUNTY DIVISION OF LEAGUE OF CALIFORNIA CITIES SUPPORT OF SUG- GESTED COUNTY REVENUE POLICY RELATING TO UNINCORPORATED AREA SERVICES. Adoption of Resolution 78-122 as recommended by City Administrator. 6. FINAL ACCEPTANCE OF TRACT NO. 6732 AND RELEASE OF BONDS Acceptance of the public improvements within Tract No. 6732 and release the following bonds: 1. Faithful Performance Bond No. 5018464, 2. Labor and Materials Bond No. 5018464, and 3. Monu- mentation Bond No. 5018466. Mayor Welsh asked that Item No. 6 be removed from the Consent Calendar to be considered separately, because he and Councilman Schuster would be abstaining on this item. It was moved by Kennedy, seconded by Saltarelli, that the balance of the Consent Calendar be approved. Carried 4-0, Sharp absent. Item No. 6 - FINAL ACCEPTANCE OF TRACT N0. 6732 AND RELEASE OF BONDS It was moved by Kennedy, seconded by Saltarelli to accept the public im- provements within Tract No. 6732 and to release the following bonds: 1. Faithful Performance Bond No. 5018464, 2. Labor and Materials Bond No. 5018464, and 3. Monamentation Bond No. 5018466. Carried 2-0, Welsh and Schuster abstaining, and Sharp absent. COUNCIL MINUTES Page 2, 11-20-78 ORDINANCES FOR INTRODUCTION None VI. ORDINANCES FOR ADOPTION None VII. OLD BUSINESS 1. RESOLUTION NO. 78-124 A Resolution of the City Council of the City of Tustin, CA, DECLARING ITS INTENTION TO CONSIDER THE GRANTING OF A NON-EXCLUSIVE FRANCHISE FOR A CABLE TELEVISION SYSTEM It was moved by Saltarelli, seconded by Kennedy, to adopt Resolution of Intention No. 78-124 to award a Cable Television Franchise to Six Star Cs]Dlevision, Inc. and set a hearing for December 4, 1978 at 7:30 P.M. Motion carried 4-0, Sharp absent. 2. RESOLUTION NO. 78-125 A Resolution of the City Council of the City of Tustin, CA, DECLARING ITS INTENT TO CONSIDER A RATE INCREASE BY COMMUNITY CABLEVISION COMPANY AND SETTING A PUBLIC HEARING THEREFOR It was moved by Saltarelli, seconded by Kennedy, to adopt Resolution of Intention No. 78-125, to consider rate increase for Community Cablevision Company. Dan Blankenship, City Administrator, advised that due to talks with staff, Community Cablevision may withdraw their application for a rate increase at a later date. Motion carried 4-0, Sharp absent. 3. DISCUSSION OF H.E.R.E. RAPE CRISIS CLINIC It was moved by Kennedy, seconded by Saltarelli, to continue this item to the 7:30 P.M. meeting. Motion carried 4-0, Sharp absent. 4. WRITTEN POLICY GOVERNING USE OF CLIFTON C. MILLER COMMUNITY CENTER AND COUNCIL CHAMBERS Councilwoman Kennedy, Dan Blankenship and Don Biery compiled the proposed policy. Mrs. Kennedy asked to hear the Council's feelings on the policy. Councilman Saltarelli was opposed to businessmen who are not local residents using the Community Center for training sessions or any commercial use as the Community Building was built basicly for social affairs. Following discussion, Council concurred that Non-Profit organizations with a local address would be considered for the category of Local-Non Profit even though 50% of their members were not local residents. It was moved by Kennedy, seconded by Saltarelli, that this matter be continued to the December 4th meeting and that a report be brought at that time that would address Council's concerns, including a definition of "local businesses." Carried 4-0, Sharp absent. VIII. ADJOURNMENT It was moved by Kennedy, seconded by Schuster, to adjourn at 4:46 P.M. to a Workshop, thence to an Executive Session, thence to the 7:30 Planning Agency meeting, and thence to the regular City Council meeting. Carried 4-0, Sharp absent. ck~ cAB~ COUNCIL MINUTES Page 3, 11-20~78 REGULAR MEETING TUSTIN CITY COUNCIL November 20, 1978, 7:30 P.M. I. CALL TO ORDER The meeting was called to order at 7:43 P.M. by Mayor WelSh. II. ~ROLL CALL Present: Councilmen: Welsh, Schuster, Kennedy, Saltarelli Absent: Councilmen: Sharp 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 & Recreation Director Ken Fleagle, Community Development Consultant III. PRESENTA- TIONS Two Proclamations were read in full by Mayor Welsh and presented to representatives of the National Foundation of March of Dimes and the Lung Association of Orange County. IV. PUBLIC HEARINGS 1. EIR-EIS 78-2, Resolution No. 78-121 Moulton Parkway-Irvine Center Drive Improvement Staff report was given by Ken Fleagle and he recommended certification of EIR-EIS 78-2. Councilwoman Kennedy commented that this seemed to benefit Irvine more than Tustin. Mr. Fleagle explained that Tustin is the lead agency and even though much of this area is in Irvine, it is a joint project involving the Flood Control District, County of Orange, Irvine and Tustin. In response to a question about the time frame of the project, Mr. Fleagle advised that the funding needs to be submitted by December. He said the project is divided into three phases and that in two years we would pro- bably be in Phase II and it could be possible to finish the project in two years. There being no comments or objections from the public, the Public Hearing was closed at 7:52 P.M. It was moved by Saltarelli, seconded by Kennedy, to adopt Resolution No. 78-121, certifying EIR-EIS 78-2 for the Moulton Parkway/Irvine Center Drive Project. Carried 4-0, Sharp absent. 2. AMENDMENT TO ZONING ORDINANCE NO. 157 RELATIVE TO STOCK COOPERATIVES The Public Hearing was opened at 7:53 P.M. There being no comments or objections, the Public Hearing was closed. It was moved by Kennedy, seconded by Schuster, to approve the requested amendments and City Attorney to prepare the necessary ordinance of adoption. Carried 4-0, Sharp absent. It was moved by Saltarelli, seconded by Kennedy, to recess to the Redevelop- ment Agency meeting at 7:54 P.M. Carried. COUNCIL MINUTES Page 4, 11-20-78 MINUTES OF A REGULAR MEETING REDEVELOPMENT AGENCY November 20, 1978 1. Meeting called to order at 7:54 P.M. by Chairman Welsh. 2. Present: Members: Welsh, Kennedy, Saltarelli Absent: Members: Sharp 3. Approval of Minutes It was moved by Kennedy, seconded by Saltarelli, to approve the minutes of the November 6, 1978 meeting. Carried 3-0, Sharp absent. 4. It was moved by Kennedy, seconded by Saltarelli, to adjourn at 7:55 P.M. to the next regular meeting of December 4, 1978. Carried. MEETING OF TUSTIN CITY COUNCIL RECONVENED AT 7:55 P.M. November 20, 1978 I. PUBLIC CONCERNS 1. H.E.R.E. Rape Crisis Clinic Janet LePage, 13187 Gwyneth Drive, the City representative with H.E.R.E. Rape Crisis Clinic, gave a report. She explained that because all the records are confidential, the Clinic cannot reveal the names and addresses of victims for the purpose of determining whether they are City or County residents. After further discussion, it was moved by Kennedy, seconded by Welsh, that the Council consider making a contribution to the H.E.R.E. Rape Crisis Clinic in the 1979-80 budget. Councilman Saltarelli offered the suggestion that this Clinic look into grant funding under the control of a responsible agency between now and the time for consideration of the budget. Motion was carried 4-0, Sharp absent. 2. Air Pollution in the area of Thiokol-Dynachem Corporation, 2632 Michelle The following residents complained about a terrible smell in the area of the Thiokol-Dynachem Corporation and that the company was not complying with requests to cease the operation causing this air pollution: Peer Swan, 14351 Morning Glory Verna Naylor, 14621 Cheshire Place Betty L. Smith, 1921 Dorchester Avenue Lois Ramsey, 2321 Fig Tree Drive (including petition) Charles Todd, 1931 Dorchester Avenue Following discussions regarding the health hazards of this situation, the citations given this company by Air Quality Management Control, and the failure of this company to cease this air pollution, it was moved b~ Saltarelli, seconded by Kennedy, that staff take whatever steps necessary to close down the odor prodUcingsegmentof the plant immediately, even revoking their Use Permit, if necessary. Richard Edgar, 13622 Loretta Dr., suggested that the City Attorney be directed to file a suit. Motion was carried 4-0, Sharp absent. COUNCIL MINUTES Page 5, 11~20-78 Betty L. Smith, 1921 Dorchester Avenue, informed the Council that the surf board company that needed investigation because of fumes coming from that business was called South Shore Manufacturing Co. This company was formerly in Costa Mesa. She stated that all their employees use masks. 3. 6th Street Extension Richard Edgar, 13622 Loretta Dr., asked about the progress of the 6th Street extension to Newport Avenue. Bob Ledendecker, City Engineer, responded that the property had been appraised, and that letters had been sent to the property owners. He said that plans for improvements will be complete approximately in March. 4. Ordinance regarding Stock Cooperatives Jeannie O'Hara, 17273 McFadden, Apt. D, asked to give her opinions on the Stock Cooperatives since she was late to the meeting and missed the Public Hearing on this matter. She was opposed to putting the 50% open space regu- lation on stock cooperatives. She felt that there are a number of middle income people who cannot afford to buy a house in Tustin, but would like to buy a stock cooperative. There are not very many, if an~ apartments that can be converted to stock cooperatives because they cannot comply with the 50% open space. Ken Fleagle, Community Development Consultant, explained that the developer of the apartments where she lives had the option to develop those apartments under condominium standards but decided rather to build apartments because they could build more units. Part of the reasoning for the different stan- dards for apartments and condominiums is that people who rent can easily move from apartment to apartment if they are not satisfied with the open space or other accommodations but people who buy a condominium are buying a permanent residence and there should be open space for children to play and for convenience for a permanent residence. II. NEW BUSINESS 1. WALNUT AVENUE TRAFFIC STUDY STATUS REPORT Bob Ledendecker, City Engineer, gave the staff report and advised that the "School Zone with 25 M.P.H. when children are present" signs would be in- stalled in 7 to 10 days from today. Councilwoman Kennedy suggested that letters be sent to Peer Swan and Joan Harkiness, thanking them for their suggestion of putting up these signs to help solve the speed problem. Peer Swan, 14351 Morning Glory, pointed out that these signs would only be enforceable when children are present and would not help the situation at other times. Bob Ledendecker said that the speed study would be completed by the December 4th meeting. 2. REQUEST TO FILL VACANCIES It was moved by Saltarelli, seconded b~ Kennedy, to recruit and fill the vacancies of Clerk Typist/Switchboard Operator, Building Inspector and Maintenance Foreman as soon as possible. Carried 4-0, Sharp absent. 3. AWARD OF BID FOR ANNUAL STREET STRIPING It was moved by Kennedy, seconded by Saltarelli to award the bid to Orange County Striping Service of Irvine in the amount of $13,556.00 for street striping services. Carried 4-0, Sharp absent. 4. PROPOSED PERSONNEL RULES AND REGULATIONS Because there were several questions about the rules for appointing all Administration Officers and the need for more time to include the comments from the Employee Associations, it was moved by Kennedy, seconded by Saltarelli, to continue this item to the December 4th meeting. Carried 4-0, Sharp absent. COUNCIL MINUTES Page 6, 11-20-78 5. APPROVAL OF RESOLUTION IMPLEMENTING THE IMMEDIATE PROVISIONS OF ADMINISTRATIVE AND MANAGEMENT EMPLOYEE BENEFITS It was moved by Mayor Welsh, that since this item is so closely related to the previous item that it be continued to the December 4th meeting, seconded by Kennedy. Carried 4-0, Sharp absent. III. OTHER BUSINESS DAN BLANKENSHIP, City Administrator 1. Dan Blankenship announced that there would be the unveiling of the new sign at the main gate of the Marine Corps at 9:30 A.M. on December 1st. 2. He asked if the Council wished to meet on Tuesday, January 2nd, for the first meeting of January or did they wish to eliminate that meeting and only have the one meeting in January on the 15th of January. It was moved b~ Saltarelli, seconded by Kennedy, to cancel the first Council meeting in January. Carried 4-0, Sharp absent. 3. Mr. Blankenship asked if the Council was agreeable adjourning from today to a Special Executive Session on Tuesday, Nov. 28, at 3:00 P.M. for legal and personnel matters. Council concurred. DONALD SALTARELLI, Councilm~ 1. Mr. Saltarelli was concerned about a letter that Dan Blankenship had received regarding payroll deductions to the United Way and another organi- zation called CHAD. He asked if there would be some way that an employee could choose which one they wanted to support and have either one deducted from their salary. Mr. Blankenship responded that it would be a problem because in the payroll system there is only one charitable contribution field and it would be quite a bit of work to keep the two separate and we would have to use some other field to try to establish a separate one for CHAD. By the next meeting, we will have the matter for the Council for resolution. 2. Mr. Saltarelli asked that the staff, perhaps Dr. Fleagle, review the Implications of the Southern California Growth and Development Water and Air Quality Plans from SCAG and give the Council some advice so that they can supply their comments before Dec. 15th. Mr. Saltarelli also commended Dr. Fleagle on an excellent job on the EIR-EIS for Moulton Parkway. URSULA KENNEDY, Councilwoman i. Mrs. Kennedy asked the Council to concur in having the Steve~s House as a historical landmark. Questions were asked about the legal ramifications. It was the concensus of the Council that staff should have a report on this for the next meeting. 2. Mrs. Kennedy said that in view of the proposition to ban smoking in pub- lic places and the Lung Association proclamation, she would like to have an investigation into separate areas in the Council room for smoking. Mr. Saltarelli and Mr. Schuster were opposed to it. Mrs. Kennedy dropped the matter until Councilman Sharp could be present. 3. Councilwoman Kennedy was concerned about the Senior Citizens crossing the street from the City Hall to Larwin Square in the middle of the block. After further discussion, the Council felt that rather than put a pedestrian stop in the middle of the block, people should be encouraged to cross the street in the crosswalks at the corners. 4. Mrs. Kennedy said that she was going to nominate Herb Chubbuck, a resident of Tustin, to the Grand Jury and hoped that he would be chosen to serve. RALPH WELSH, Mayor 1. Mayor Welsh said that he had had correspondence from Mrs. Hernandez regarding the noise on the Santa Ana Freeway. COUNCIL MINUTES Page 7, 11-20-78 Bri~ Chase, Conunity Development Director, said ~at Cal Trans was to Bate the noise and that he had sent ~em a letter. Mr. Welsh asked that he send a copy of the letter to ~s. Hernandez. 2. ~yor Welsh. brou~t up ~e fact that Brea had advertised for Brea Cleanup ~d that they were having large trash pickups in three or four areas and wanted the Council's ~oughts on Tustin having such a drive. Co~cilwoman Kennedy ~ought it could be looked into to see if it was feasible and not too expensive. 3. ~yor Welsh asked if it was correct ~at people could own their own Mobile Home site the s~e as condomini~s can be owned. Bri~ ~ase responded that under the S~division Act, a developer could s~divide ~e park on the s~e basis as a condo~ni~. 4. ~yor Welsh announced that the City of Tustin flag will fly over the Brine base as of ~e 1st of Dece~er. RUTH C. POE, City Clerk 1. Ruth Poe, Ci~ Clerk, announced that her resignation as Chief Deputy City Clerk has been changed from January 14~, 1979 to Dece~er 29, 1978. IV. ADJOURNMENT It was moved b~ Saltarelli, seconded by Kennedy, to adjourn the meeting at 9:38 P.M. to a Special Executive Session on Nove~er 28th at 3:00 P.M., and ~ence to ~e regular meeting on Dece~er 4~. Motion carried 4-0. CLE~