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HomeMy WebLinkAboutCC MINUTES 1978 10 02 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way October 2, 1978 CALL TO ORDER The meeting was called to order at 3:20 P.M. by Mayor Welsh. II. ROLL CALL Present: Councilmen: Welsh, Sharp, Schuster, Kennedy, Saltarelli Absent: Councilmen: None Others Present: Dan Blankenship,'City Administrator (3:42 P.M.) James G. Rourke, City Attorney Ruth C. Poe, City Clerk Mary E. Wynn, Deputy City Clerk III. PUBLIC CONCERNS Agnes Bacon, 140 Mountain View, brought up the matter of cars being parked on front lawns, which can be a definite cause of the deteri- oration of neighborhoods. Mayor Welsh agreed that this is a problem and recommended that Staff address this matter at a future City Council meeting and suggested that trailers be included. IV. CONSENT CALENDAR 1. APPROVkL OF MINUTES - September 18, 1978 meeting. 2. APPROVAL OF DEMANDS in amount of $80,002.91 3. SURPLUS VEHICLES AND EQUIPMENT ~-~ Approval to declare property surplus and approve sale/disposal : as listed and recommended by Maintenance Superintendent. 4. RESOLUTION NO. 78-110 A Resolution of the City Council of the City of Tustin, California, APPOINTING ALAN R. WATTS AND KENNARD R. SMART AS DEPUTY CITY ATTORNEYS. Adoption as recommended by City Attorney. 5. RESOLUTION NO. 78-108 A Resolution of the City Council of the City of Tustin, REQUESTING THAT THE CITY OF TUSTIN BE ACCEPTED AS A MEMEER OF THE LOCAL AGENCY INVESTMENT FUND. Approval as recommended by City Administrator. 6. SUMMER AQUATIC PROGRAM AND APPROVAL OF PAYMENT TO TUSTIN UNIFIED SCHOOL DISTRICT. Receive and file report and authorize payment of $1,543.71 to Tustin Unified School District as recommended by Parks & Recreation Director. 7. REQUEST FOR TREE REMOVAL - 14432 Heights Drive. Approval of removal of trees and replacement by City as recommended by Maintenance Superintendent. 8. RESOLUTION NO. 78-109 A Resolution of the City of Tustin, ESTABLISHING A RECORDS RETENTION SCHEDULE FOR THE POLICE DEPARTMENT AND APPROVING DESTRUCTION OF RECORDS IN ACCORDANCE THEREWITH. Approval as recommended by Chief of POlice. 9. USE OF URBAN GRANT FUNDS AT COLUMBUS TUSTIN PARK. Approval as recommended by Parks and Recreation Director. Mrs. Kennedy requested that Items 4, 7 and 8 be removed from the Consent Calendar. Council Minutes Page 2, 10-2-78 It was moved by Saltarelli, seconded by Sharp, that the balance of the Consent Calendar be approved. Carried unanimously. Item No. 4 - Deputy City Attorneys Mrs. Kennedy asked for an explanation for appointing Alan R. Watts and Kennard R. Smart as Deputy City Attorneys. Mr. Rourke explained that this was being requested so that there would be two more attorneys in his office that could fill in when he could not be present. He said there would be no additional cost to the City ' and no less cost either. He explained that it would be practically an emergency situation before they would be used. It was moved by Saltarelli, seconded by Schuster, to approve Item No. 4. Carried Unanimously. Item No. 7 - Tree removal Mrs. Kennedy asked that if this tree disrupts sidewalks, why is it on our approved list and is this action in keeping with the new policy that the City just adopted. Bob Ledendecker said that this tree has been on the approved list for many years and the replacement of the sidewalk will be City cost. Mr. Welsh said that if certain trees cause problems, we should address these. Mr. Ledendecker said that any tree can unset a sidewalk if it doesn't get enough water. It was moved by Kennedy, seconded by Schuster to approve Item No. 7. Carried unanimously. Item No. 8 - Destruction of Police Department records. Mrs. Kennedy asked if there was any cost in this and is it a shredding process. Chief Thayer said that these were old records for which we have no use. There are no personnel records involved. There will be no expenditure. Mrs. Kennedy asked why it was coming before the City Council. Chief Thayer responded that the Government Code says we have to have City Council's and City Attorney's permission to destroy them. The micro film record will be retained. It was moved by Saltarelli, seconded by Schuster to approve Item No. 8. Carried unanimously. V. ORDINANCE FOR INTRODUCTION ORDINANCE N0. 788 An Ordinance of the City of Tustin, California, PREZONING CERTAIN PROPERTY FROM ORANGE COUNTY E-4 (ESTATE RESIDENTIAL) DISTRICT TO TUSTIN PD (PLANNED DEVELOPMENT) DISTRICT ON PREZONE APPLICATION NO. PZ 78-18. It was moved by Saltarelli, seconded by Schuster, that Ordinance No. 788 have 1st reading by title. Carried unanimously. Ordinance No. 788 read by title. It was moved by Schnster, seconded by Sharp, that Ordinance No. 788 be introduced. Carried unanimously. VI. ORDINANCES FOR ADOPTION None Council Minutes Page 3, 10-2-78 VII. OLD BUSINESS 1. BUS STUDY - DIAL A RIDE TO he discussed at tke 7:30 P.M, meeting. 2. AMENDMENT OF CITY CODE RELATIVE TO TRAFFIC REGULATIONS AND BICYCLE LICENSING. It Was moved 5yKennedy~ sec0ndedbySchnst~r, to have a workshop on this item between a 3:00 P.M. and 7:30 P,M. City Council meeting. After some discussion as to amount of material to be covered, the need for imput hy young people wSo use skateboards and ride bicycles, and the need Of participation Dy Bicycle Associations and the public, the motion was amended to have a workshop on this item on Oct. 16, 1978 at 4:30 p.m. and that this should De a puSlic meeting. Mr. Sharp said that if you call a workshop, it can be continued to another time if there is ~ore material than time will allow you to cover. Motion carried unanimously. VIII. NEW BUSINESS 1. LEASE OF SCHOOL FACILITIES FOR RECREATION AND CULTURAL ARTS CLASSES AND PROGRAMS. It was moved b~ Saltarelli, seconded by Sharp, that the City Council approve the concept and authorize the staff todevelop a three year use agreenlent, if possible, for return to the Council for final consideration. Mrs. Kennedy said that $80 a month for supplies seemed high. DOn Biery said that the School District submitted the costs. Motion carried4-0., ~elsh abstaining. 2. REGULATION OF REFUSE DUMPSTERS WITHIN PUBLIC RIGHT-OF-WAY. Staff report was given by Bob Ledendecker. Mr. Saltarelli felt that there were too many restrictions and costs to a homeowner. He felt it might be alright for commercial users. Bob Ledendecker said the bond would be put up by the refuse company. Mayor Welsh said the cost would just be passed on to the customer. He felt there should be other ways to control the dumpsters. Mr. Saltarelli said there should be reflectors on the dumpsters and they should not be permitted to be on the streets more than so many days. Mayor Welsh suggested that if any damage was done, the vendor should be responsible. Bob Ledendecker said if we do not regulate it by permit, we cannot control where they are put. It was moved by Kennedy, seconded by Saltarelli, that an ordinance be prepared regulating refuse dumpsters which takes into consideration the concerns of Councilpersons and staff. Carried unanimously. 3. PERMISSION TO FILL VACANCY - MAINTENANCE DEPARTMENT It was moved by Saltarelli, seconded by Kennedy, to fill the position of Auto Mechanic in the Maintenance Department. Carried unanimously. 4. PACIFIC TELEPHONE COMPANY PROPOSAL ON YELLOW PAGE BOOK. Agnes Bacon and Margaret Byrd expressed their opinion that they prefer to shop in Orange and this proposal would not include Orange in the Tustin, Irvine, Santa Ana, Costa Mesa directory. Mayor WelSh. was opposedto ~5is proposal BeCause he felt that basically they were telling him where he Could shop. Council Minutes Page 4, 10-2-78 Gerry Scott, 1015 N. Main St., Santa Ana, a representative from the Telephone Company, gave a brief report on reasons for changing the Yellow Pages. Mayor Welsh moved to oppose the realigning of the Yellow Page Directory. Mr. Saltarelli sees substantial merit in the proposal with very few disadvantages. Mrs. Kennedy was concerned that businessmen do not get a good break. She felt there should be a certain mile radius with some overlapping ' in the different directories. Mr. Sharp commented that the Council's decision was not needed on this and that they should receive the report and go on toother business. Mr. Schuster agreed with Mr. Sharp. Mrs. Kennedy appreciated being asked for an opinion. Because there were two Council members opposed to the proposal, one for the proposal and two that in effect were neutral, Mayor Welsh moved on to other business. IX. OLD BUSINESS 1. BUS STUDY - DIAL A RIDE Dan Blankenship gave the staff report. He commented about the letter to the editor in the Tustin News from a member of the Presbyterian Church. He had called the church and found out that their service was just for the members of their Church and is only available on Sunday to go to Church. Mayor Welsh commended the staff for a good report on this subject. Mr. Saltarelli suggested we should tzy a limited service for 3 or 6 months. We should see how much revenue we can get back from Orange County Transit District. He felt they should either give us some money or not tax us. It was moved by 8altarelli, seconded by Kennedy, to direct staff to institute Dial-A-Ride program for 3 months and then review the program. Carried unanimously. X. OTHER BUSINESS Mr. Sharp reported on the NEOCCS Steering Committee. They concluded their hearings two meetings ago and heard and considered their final report to the Orange County Supervisors last Wednesday night. That report will go to the Supervisors and likely cities will be given the opportunity to review the report. It considers the major road networks in the northeast Orange County circulation area as far out as 1995. Mrs. Kennedy heard last week that there is possibly going to be something new in the Jamboree Air Base alignment of streets and an interchange off of the Santa Ana Freeway. The information that she received was that someone was going to have Jamboree go where it was not originally planned and connect up to Myford. She wondered if staff had heard anything about this. Mayor Welsh said that he had heard that there were tentative negotiations and it did not appear that Council could take a positive, affirmative action at this time because of the delicacy of the negotiations and also the extensive cost that is involved. He said w= would just have to wait and see when would be the opportune time to act. Mr. Saltarelli commended Mr. Schuster on the fine addition to McDonald's restaurant. It was mo~ed by Saltarelli, seconded by Schuster at 4:30 P.M. to recess to an executive personnel meeting and thence to the 7:30 P.M. meeting. Carried. COUNCIL MINUTES Page 5, 10-2-78 REGULAR MEETING TUSTIN CITY COUNCIL October 2, 1978, 7:30 P.M. I. · CALL TO ORDER Meeting called to order at 7:30 P.M. by Mayor Welsh. II. ROLL CALL Councilmen present: Welsh, Kennedy, Sharp, Saltarelli Councilmen absent: Schuster (arrived at7:32 P.M.) Others Present: Dan Blankenship, City Administrator (arrived at 7:34 P.M.) James G. Rourke, City Attorney (arrived at 7:33 P.M.) Ruth C. Poe, City Clerk III. Mary E. Wynn, Deputy City Clerk PRESENTATION A Proclamation was read and presented to the United Way by Mayor Welsh. Cliff Poulson, Boy's Club Director accepted the Proclamation. He stated that 25% of the funding for the Boy's Club comes from the United Way. IV. PUBLIC HEARINGS 1. ZONE CHANGE 78-4 Change from Public & Institutional to Planned Industrial. Property located on south side of 6th Street between 438 and 580 W. 6th St. Staff report was given by Brian Chase. Mayor Welsh asked Cliff Poulson, Boy's Club representative, if he saw any need for this property. Mr. Poulson did not see any immediate need but personally felt that once you dispose of the land, you cannot reclaim it. If it is sold, the industry should be compatible with the Boy's Club. Public Hearing was opened at 7:39 P.M. There being no comments or objections, the public hearing was closed. It was movedby Saltarelli, seconded by Sharp, that the Council uphold the findings of the Planning Agency and direct the City Attorney to pre- pare an ordinance of approval. Carried unanimously. 2. DISPOSITION OF SURPLUS PROPERTY Located on south side of 6th Street between 438 and 580 W. 6th St. Mrs. Kennedy asked what prompted this action. Brian Chasesaid that the City Council reviewed the area last year and the General Plan was changed last year. Public Hearing was opened at 7:43 P.M. There being no comments or objections, the public hearing was closed. It was moved by Schuster, seconded by Sharp, that Resolution No. 78-107 be passed and adopted. Carried unanimously. It was moved by Saltarelli, seconded by Kennedy, to recess to the Redevelopment Agency at 7:45 P.M. Carried. MINUTES OF A REGULAR MEETING REDEVELOPMENT AGENCY October 2, 1978 1. Meeting called to order at 7:45 P.M. by Chairman Welsh. 2. Present: Members: Welsh, Saltarelli, Kennedy, Sharp Absent: Members: None 3. Approval of Minutes It was moved by Saltarelli, seconded by Kennedy, to approve the minutes of the September 18, 1978 meeting. Carried unanimously. COUNCIL MINUTES Page 6, 10-2-78 4. SIXTH STREET EXTENSION - Authorize right-of-way acquisition. Mr. Saltarelli asked what about disposition of parcels that will be created. Bob Ledendecker stated that there would be one parcel acquired on the Proctor property and then turned back for public sale to adjacent owner. It was moved by Saltarelli, seconded by Sharp, to authorize the acquisition of the three parcels of land required for the extension of Sixth Street and staff to proceed with the preparation of plans and specifications for street improvements consisting of two 12 ft. travel lanes, storm drain, sanitary sewer and water main construction. Carried unanimously. 5. Adjournment It was moved by Sharp, seconded by Saltarelli, to adjourn the Redevelopment Agency meeting at 7:48 P.M. to.!thenextregularly scheduled Redevelopment Agency meeting. Carried. MEETING OF TUSTIN CITY COUNCIL RECONVENED AT 7:48 P.M. October 2, 1978 I. REPORT Dan Blankensh~p gave a report on labor relations and the meeting confer process going on within the City organization. Today we have either reached agreement or have proposals outstanding with both associations. It is requested that Council extend the previously agreed effective date of Sept. 11, 1978 for agreements provided the two associations have ac- cepted the proposals by October 9th and to provide to October 16th City Council meeting, time for the staff to develop and present to the City Council proposals for the management members of the City staff which would be submitted at that October 16th meeting. It was moved by Saltarelli, seconded by Kennedy, that we extend the courtesy of retroactiveness in the negotiation process to the October 9th date for final agreement and that by the October 16th date, we have before the City Council a final understanding with the total staff. Carried unanimously. II. PUBLIC CONCERNS John Adams, 1769 Canterbury~ Labor Relations Consultant for the Tustin Police Employees Association, said that the Council's just concluded action pretty well takes care of what he wanted to discuss with the Council. He was concerned on the issue of retroactivity, and additional time to try to resolve the meet and confer process with representatives __ of the City Council. Pursuant to today's meeting, he believed we were very close to an agreement and was optimistic that by the next City : Council meeting, they would have a memorandum of understanding before the Council. He thanked the Council for their diligence and involvement in this negotiation process and said the Police Association is doing everything that they can to reach an agreement with the City. Mr. Saltarelli suggested that the Council express their concern to the legislative representatives in Sacramento that we dislike this intrusion in public local government that has made it so difficult and express to them that they should not be placing such strings on local government, making it so difficult for local governments to operate. COUNCIL MINUTES Page 7, 10-2-78 Mayor Welsh said that we need to have a strategy of continued corre~ spondence Of each City Council member and also the citizens to our representatives of State legislature and Federal government. It was moved by Saltarelli, seconded by Sharp, to communicate directly regarding the specific problem of granting pay raises, and that our legislators should introduce legislation specifically that would change that which they created before they went on recess and undo it when they get back in session. Mayor Welsh asked Attorney Rourke if we can become a friend of the Court without any expense because if we really want to put the bite into them, we should become a friend of the Court. Attorney Rourke said that we could become a friend of the Court in de- fending local autonomy in salary negotiations, etc., without necessarily incurring great financial burdens and that there are about 20 cases on file at this time. The motion was amended to add that the City of Tustin become a friend of the Court in protesting the State Legislature's restrictions on local control. Motion carried unanimously. Richard B. Edgar, 13622 Loretta Drive, recommended that there be com- munication, perhaps in the form of a resolution, directed to the Board of Supervisors, recommending that in all islands, where it is incumbent upon the she~riff or any other public service to cross City boundaries to go into the island, that there be a tax differential, not really a tax, but an accurate tabulation of the increased cost of service, so that some of the burden of the inefficiency of supporting that kind of service in an island would be borre bythose that want to stay in an island. Mayor Welsh responded that he has presented similar concerns as the repre- sentative of the League and that Councilman Saltarelli has expressed the same views at the LAFCO meeting and the Board of Supervisor's meeting. III. REPORTS 1. EL CAMINO PARKING DISTRICT Bria~ Chase gave the staff report. Over the years, there has only been $15,000 paid into the parking fund. The School District has some extra parking spaces where the school buses used to be parked and he felt it would be a better solution to the problem for businesses to secure off site parking. Richard B. Edgar, 13622 Loretta Drive, shared the general concerns of Mr. Chase that we should have some other solution than paying into the parking district. Mayor Welsh felt we should ascertain from the E1 Camino businessmen what their recommendation would be. Tom Kelly, 330 E1 Camino, said that he was in business in the E1 Camino District before the parking ordinance was passed and he felt that it was a watered down ordinance. He doesn't think that there is a parking prob- lem. He feels the businessmen can work out reciprocal parking agreements. He asked that the Council please be kind to the business community. It was moved by Welsh, seconded by Kennedy, that we refer this matter back to the staff to communicate with E1 Camino Committee and agendize for a later date. Carried unanimously. 2. BRYAN AVENUE STREET WIDENING AT WOODLAWN DRIVE Mayor Welsh read the report. IV. OTHER BUSINESS Dan Blankenship reported that the governor had vetoed the Cable Television bill as the Council had requested. The bill would have Unbalanced the rate setting processin the favor of Cable Televlsion Companies. COUNCIL MINUTES Page 8~ 10-2-78 Mr. Blankenship asked if there was an executive session planned for tonight on a legal matter that was previously communicated to the Council in a staff report. Mayor Welsh answered affirmatively. Mrs. Kennedy reported on her communication with the Tustin News re- garding public notices. Mr. Moses said that he would try to get Tustin notices together. It was moved by Kennedy, seconded by Welsh, that each public notice of the City, understanding that we will make every attempt to group them by section, receive an 8 point heading that says "AttentioD, residents of appropriate area" (3 words, possibly 4). There is to be a three month time limit on this for study. Mrs. Kennedy said that the cost for this could be as much as $3.50 per public notice. Notion carried unanimously. Mrs. Kennedy had a resident of South Tustin point out to her that Hughes Airwest planes are traveling over Peppertree, Laurelwood, Tustin Meadows and the SEerfield homes. She felt the Council should send a letter, objecting to this pattern of flight. Mayor Welsh asked Mr. Schuster to look into this matter and find out the facts and then possibly correspond, based on what we discover. A third concern of Mrs. Kennedy was that there are no crosswalks at Red Hill and Walnut. Mr. Ledendecker said that he would look into it and have the crosswalks installed. Mr. Saltarelli wished '!Happy Birthday" to Margaret Byrd, who will be an octogenarian. Mayor Welsh recommended, based on the City Administrator, that we readjust certa'in classes within the City employees, and that we raise the following: Assistant City Civil Engineer 7~%, Account Clerk, CoFanunications Officer. and Records Clerks 5%, Secretary one 2~%, Maintenance Two, Tree Trimmer and Maintenance One 1½%, Secretary TwO and the Office Coordinator 5%. The reason for these raises is to insure a competitive salary for the City of Tustin. It was moved by Schuster, seconded by Kennedy, that Mayor Welsh!s recom- mendation be approved. Carried unanimously. Mayor Welsh reported that he had received correspondence from Mrs. Strickland that the effect of Proposition 13 was not being shared with renters. He suggested that we look into alternatives and help renters against unjustified owners. Councilmen Sharp, Schuster and Saltarelli were opposed to getting involved in this matter that was created by Proposition 13. Mayor Welsh s. nd Mrs. Kennedy commended Dan Blankenship and Ruth Poe for getting items of the Council meeting in the Tustin News. __ V. ADJOURNMENT It was moved by Schuster, seconded by Kennedy, at 8:52 P.M. to adjourn to an Executive Session and thence to the Oct. 16th regular meeting. Carried.