HomeMy WebLinkAboutCC MINUTES 1974 01 21 MINUTES OF A REGULAR MEETING
TUSTIN CITY COUNCIL
January 21, 1974
CALL TO ORDER Mayor Saltarelli called the meeting to order at 7:30 p.m.
II.
PLEDGE OF
"'~ ALLEGIANCE Led by Councilman Sharp.
III.
INVOCATION Given by Mayor Saltarelli.
IV.
ROLL CALL Present: Councilmen: Saltarelli, Langley, Sharp, Welsh, Woodruff
Absent: Councilmen: None.
Others present: City Administrator Harry Gill
Asst. City Administrator for Community
Development Ken Fleagle
City Attorney James Rourke
City Clerk Ruth Poe
Mayor Saltarelli welcomed members of Cub Scout Pack 807 from
Helen Estock School.
V.
PRESENTATIONS 1. ORANGE COUNTY TRANSIT DISTRICT:
ALTERNATIVE TRANSIT CORRIDORS STUDY
Mr. At Hollinden, Mayor of Fountain Valley and Cities' Repre-
sentative on the Orange County Transit District Board of
Directors, and Mr. Jim Reicherr, Assistant Director for Long
Range Planning and Programming, Orange County Transit District,
discussed and presented slides showing the alternative transit
corridors, one of which will be selected as the best long range
mass transit plan, to include a network of mass transit and
feeder transit routes designed to provide highly efficient pub-
lic transportation service in various corridors of heavy demand.
Alternatives were designated as follows:
Network # T2E, Minimal Network Plan, using Pacific Elec-
tric right-of-way to Santa Ana, and Amtrak right-of-way
south to San Diego; the Riverside Freeway from the P. E.
alignment to Riverside; the Orange Freeway to the Santa
Ana Riverbed, south on Fairview and along the proposed
Corona Del Mar Freeway.
Network #T2F, Maxi-rail Network, using Pacific Electric
right-of-way for the Los Angeles-Santa Ana connection,
and existing spurs to Long Beach, Huntington Beach,
Fullerton and La Habra.
Network #T2G, using existing freeways such as San Diego,
Santa Ana, and Riverside.
.... ~I~.~ Network #T2H, bus on freeway plan, using freeways including
~S~a~_ Diego, Garden Grove, SantaAna, Riverside, Newport, and
Or~e Freeways.
Of the four alternative plans, all go through Tustin and two go
through Tustin in two directions. The proposal recommended by
the Technical Advisory Committee is #T2E, under which a transit
terminal would probably be located in the Tustin area in the
vicinity of Red Hill and the Santa Fe right-of-way, probably
changing the entire focal point of commercial and traffic activity
within the TUstin sphere.
At the conclusion of the slide presentation, Mr. Hollinden and
Mr. Reichert replied to Council's questions as to available
Council Minutes
1/21/74 Page 2
rights-of-way, effect of implementation on the lifestyle of
Tustin citizens, and the effectlon land uses. The Council was
advised that the Transit District Board would decide on the
plan most easily implemented, using existing rights-of-way,
giving primary consideration to the viewpoints and concerns
of cities. land use opportunities are connected with any
transportation system, which can be used as a tool to fit
a city's desired development objectives. Transportation can
be used to encourage~ or to cut off any land use. The District
representatives urged the City Council to submit questions and
comments to the District office.
Mayor Sattarelli commented that the City of Tustin has been
adversely impacted by intersecting freeways, and that while
he supported the concept of mass transit and favored Tustin's
inclusion, he was opposed to any possible negative impact.
2. PROCLAMATIONS OF COMMENDATION
Mayor Saltarelli read in full the Proclamation of Appreciation
and Con~endation to be presented to members of the Sign Committee,
and then presented the Proclamations to each of the following:
iR. Kenneth Fleagle
St~en L. Schuster
Jack Vodrey
Jerry Mack
Raymond Kemp
It was noted that Fir. Marvin Lee, Chairman of the Committee,
was unable to be present, and his Proclamation would be for-
warded to him.
For the convenience of members of the audience, it was the
consensus of the Council that Public Concerns and Old Business
No. 1 would be taken out of order and discussed at this time.
PUBLIC
CONCERNS 1. MR. CASS HARE, RE: SPEED ON BRYAN AVENUE
Mr. Cass Hare, 13422 Diamond Head Drive, Tustin, cited an acci-
dent occurring on Bryan Avenue earlier that day which critically
injured a child, and described the speeding problems on that
street particularly since the placement of stop signs on First
Street which have apparently diverted traffic to Bryan. Com-
pounding the hazards along Bryan are the 35 m.p.h. speed limit,
the absence of any stop signs between Red Hill and Browning,
the lack of public improvements along a parcel in County terri-
tory, and insufficient delay between signal changes at Red Hill
and Bryan to permit safe crossing of children to Pine Tree Park.
Mayor Saltarelli said that the County had been asked several
times to complete the street and sidewalk in that area, recently
requested again in conjunction with the storm drain construction.
lack of cooperation from the County on street projects is a con-
tinuing problem. He recommended that a letter to the Board of
Supervisors be prepared for his signature again expressing the
City's concern about lack of support and coordination with the
City on street projects. He requested that the staff bring back
recommendations to the Council on the solution of traffic prob-
lems on Bryan.
OLD
BUSINESS 1. CONSIDERATION OF REMOVAL OF STOP SIGNS AT FIRST & WHITE SANDS
Mr. Bob Edman, 1411 East First Street, Tustin, represented the
Committee for a Safe Residential Tustin, described the favorable
Council Minutes
1/21/74 Page 3
results of the stop signs, as well as some problems, and rec-
ommended against removing the signs. He also suggested Council
Consideration of making First Street between Newport and Red
Hill a cul-de-sac.
In consideratio~ of the large' number of letters received from
residents in the area in opposition to removal of the stop
signs, it was moved by Woodruff, seconded by Sharp that no action
be taken to remove the stop signs at First and White Sands.
Moved by Welsh, seconded by Woodruff that the above motion be
amended to include instructing the staff to work with the First
Street resident~ group on a permanent solution to traffic prob-
lems on that portion of the street, and on the possibility of
imposing a vehicle weight limitation. Carried.
Mayor Saltarelli proposed a 6,000-pound weight limitation to
eliminate commercial truck traffic, and assured residents that
children's safety would be better served by leaving the stop
signs in.
Councilman Sharp concurred, and recommended that along with
studies of measures to reduce traffic flow on First Street,
the staff also consider the possible impact of such measures
on the Bryan Avenue situation.
Original motion, as amended, carried unanimously.
VI.
PUBLIC
HEARINGS 1. CONSIDERATION OF CITY OF TUSTIN SIGN CODE
(PLANNING (Continued from 1/14/74)
AGENCY)
(See 1/21/74 Planning Agency Minutes.
VII.
PUBLIC
HEARINGS
(CITY COUNCIL 1. ABANDONMENT OF EASEMENT
Tract NO. 7924 (north of 17th Street and west of Prospect)
Lot 8. AbandOnment of a portion of an existing sewer
easement.
The public portion of the hearing was opened at 9:02 p.m.
There being no comments or objections, the meeting was closed.
RESOLUTION NO. 74-3
Resolution of the City Council of the City of
Tustin, California, ORDERING THE VACATION AND
ABANDONMENT OF A PART OF AN EASEMENT.
Movedby Woodruff, seconded by Sharp that Resolution No. 74-3
be read bytitle. Carried unanimously.
~ne secretary read Resolution No. 74-3 by title.
Moved by Wo0druff, seconded by Langley that Resolution No. 74-3,
Ordering the Vacation and Abandonment of a Part of an Easement,
be passed and adopted. Carried, Ayes: Saltarelli, Langley,
Sharp, Welsh, Woodruff. Noes: none. Absent: none.
VIII.
PUBLIC
CONCERNS (Taken out of order. See page 2.)
Council Minutes
1/21/74 Page 4
IX.
CONSENT
CALENDAR 1. APPROVAL OF MINUTES - January 7, 1974, meeting.
2. RATIFICATION OF DEMANDS in the amount of $231,245.51.
3. RESOLUTION NO. 74-4
A Resolution of the City Council of the City of Tustin,
California, ESTABLISHING PRECINCTS FOR THE GENERAL MUNI-
CIPAL ELECTION TO BE HELD TUESDAY, THE 5TH DAY OF MARCH,
1974.
Establishes Polling Places, Precinct Workers and Compen-
sations.
4. RESOLUTION NO. 74-5
A Resolutionof the City Council of the City of Tustin,
California, APPROVING PLANS AND SPECIFICATIONS FOR YORBA
STREET AHFP PROJECT NO. 723 AND DIRECTING THE CITY CLERK
TO ADVERTISE FOR BIDS.
5. DENIAL OF CLAIM of H. L. Welch, as recommended by the
City Attorney.
6. TELEPHONE SYSTEM AGREEMENT - Continuation to February 4,
1974, meeting, as recommended by the staff.
7. HOLTHE DISPOSAL RATE INCREASE REQUEST - Continuation to
February 4, 1974, meeting, as recommended by the staff.
Approval of Minutes was removed from the Consent Calendar for
separate discussion.
Moved by Langley, seconded by Welsh that items 2 through 7 of
the Consent Calendar be approved. Carried unanimously.
Following brief discussion of Other Business No. 4 (page 13)
of the January 7 Minutes, it was moved byWoodruff, seconded
by Langley that the Minutes of the January 7, 1974, Council
Meeting be approved as presented. Carried unanimously.
X.
ORDINANCES
FOR ADOPTION 1. ORDINANCE NO. 609
An Ordinance of the City of Tustin, California, AMENDING
THE TUSTIN CITY CODE RELATIVE TO COMPENSATION.
Councilman Welsh stated his opposition to Ordinance No. 609,
based on lack of justification of a 40% salary increase for
City Council members.
Councilman Woodruff commented that a raise to $210 per month
was justified due to the increased scope of Councilmen's duties
since the last salary increase, eight years ago. Also, city
councils are prevented from voting themselves a salary which
isa burden on the taxpayers because of State-established
maximum salaries. He urged Mr. Welsh to support his convic-
tions about this by refusing to accept the salary increase
in the event the Ordinance is adopted.
Councilman Welsh replied that while there is no question that
each Councilman dedicates many long hours to the City, they
are paid a stipend and expense money, and said that he had no
hesitation in returning the additional funds to the City.
Council Minutes
1/21/74 Page 5
Moved by Langley, seconded by Woodruff that Ordinance No. 609
have second reading by title only. Carried unanimously.
The secretary read Ordinance No. 609 by title.
Moved by Langley, seconded by Woodruff that Ordinance No. 609
be adopted. Carried by roll call vote. Ayes: Saltarelli,
Langley, Sharp, Woodruff. Noes: Welsh. Absent: none.
2. ORDINANCE NO. 610
An Ordinance of the City Council, City of Tustin,
California, AMENDING THE TUSTIN CITY CODE RELATIVE
TO PLANNING COMMISSIONERS WHO HAVE FILED NOMINATION
PAPERS FOR CITY COUNCILMAN.
Movedby Langley, secondedby Woodruff that Ordinance No. 610
have second reading by title only.
Moved by Woodruff, seconded by Sharp that Section 2 be amended
to change wording from "shall be automatically and forthwith
terminated" to "shall submit his resignation to be effective
immediately".
Following discussion Of the proposed wording change, and of
inclusion of all City commissioners and board members within
provisions of the Ordinance, it was moved by Woodruff, seconded
bySharp that this matter be continued to the next regular
City Council meeting.
Mayor Saltarelli opposed continuation of the present Ordinance
as it would come back at the next meeting in its present form.
Above motion failed by 1-4 vote, Councilmen Saltarelli, Langley,
Sharp, and Welsh voting no.
Moved by Saltarelli, seconded by Sharp that Ordinance No. 610
be amended to include all appointed commissioners of the City
and that the Ordinance have first reading as amended.
Following brief con~nents on the feasibility of including all
City employees and board members, the above motion failed by
1-4 vote, Councilmen Langley, Sharp, Welsh, and Woodruff voting
no.
Mayor Saltarelli directed that the staff bring back a new
ordinance for first reading to include the comments of the
majority of the City Council on the resignation feature and to
include all commissioners.
Councilman Welsh moved that the Ordinance be tabled. Motion
died for lack of second.
Moved by Langley, seconded by Sharp that OrdiPznce NO. 610
be revised and submitted for Council consideration at the next
regular Council meeting. Carried unanimously.
ORDINANCES FOR
INTRODUCTION 1. ORDINANCE NO. 607
An Ordinance of the City of Tustin, California,
ADDING CHAPTER 6A TO THE TUSTIN CITY CODE RELATING
TO REQUIRED CONSUMER PROTECTION IN CONNECTION WITH
RESIDENTIAL SALES.
Moved by Sharp, seconded by Woodruff that Ordinance No. 607
have first reading by title only. Carried unanimously.
Council Minutes
1/21/74 Page 6
The secretary read Ordinance No. 607 by title.
Mr. Fleagle said that he had met with the Legislative Cor~nittee
of the East Orange County Board of Realtors to discuss the back-
ground of this Ordinance as related to the Government Code of the
State of California. He surmnarized the contents of the Ordinance.
Councilman Langley expressed concern about the capability of
the School District to predict what sChoo~ will serve a new
neighborhood, and the expense which would be involved in pro-
viding copies of voluminous CC&Rs and/or association bylaws.
He felt that the City's $5.00 fee for report onresidential
building records wo~ld be unrealistic.
Mr. Fleagle stated that the School District could provide a
map showing its boundaries and a list of schools that could
serve the area.
Mr. Reuben Kvidt, Chairman of the Legislative Corm~ittee of
the East Orange County Board of Realtors, commented that the
buyer should be protected, but felt that under Article II,
the furnishing of a report of the residential building
record should be an optional matter. He stated that the
report appeared to him to be a duplication of efforts and
an unnecessary cost in some instances.
In reply to Mr. Langley, Mr. Kvidt said that in his discussions
with realtors, it was felt that it would be helpful for
material to be supplied stating where certain information
could be obtained on authorized uses, occupancy, zoning classi-
fication, and other matters. He also favored furnishing of
a School District map rather than a commitment as to which
particular school would serve a particular house.
Mr. Arthur Turner, Arthur A. Turner and Associates, 18071
Irvine Boulevard, Tustin (County), explained that he deals
in sales Of investment properties, not of homes, and spoke
against government getting any more involved with how people
run their businesses. The real estate business is very
strongly regulated from within.
Mr. Jim Loomis, member of the Legislative Committee of the
East Orange County Board of Realtors, stated the Committee's
concern with ramifications of this Ordinance, Stating that if
its provisions become mandatory for all dwellings, the time
factor would increase, costs would go up, and deals could fall
through. He commented on the City's liability for the con-
tents of the reports and the cost of the City staff taking as
much time as possible to insure accuracy. Mr. Loomis felt
that the purpose of the Ordinance is to protect the minority
in the few cases where Owners have the intention to defraud.
In reply to Mayor Saltarelli, Mr. Loomis cited the safeguards
afforded the buyer under existing State laws.
Mayor Saltarelli and Councilman Langley agreed that the Council's
original concern had been first sales in residential subdivisions
and having the models and sales information accurately reflect
what the buyers will be getting in "production line" homes.
Councilmen Sharp and Councilman Welsh concurred in this.
It was requested What the possibility of an optional report
provision be explored with the East Orange County Board of
Realtors,
Councilman Woodruff agreed that the concept of Article II is
good, but was doubtful of the necessity of its application
in Tustin.
Moved by Woodruff that Ordinance No. 607, as amended by deletion
of Article II in its entirety, be introduced. Motion died for
lack of second.
Council Minutes
1/21/74 Page 7
Moved by Saltarelli, seconded by Langley that this matter be
referred to staff for preparation of a new ordinance based on
the conunents of the City Council. Carried unanimously.
RECESS Mayor Saltarelli called a recess at 10:05 p.m.
CALL TO ORDER The meeting reconvened at 10:17 p.m.
2. ORDINANCE NO. 611
An Ordinance of the City of Tustin, California,
REZONING PROPERTY ON APPLICATION NO. ZC 73-6 OF
THE IRVINE COMPANY.
Moved by Welsh, seconded by Sharp that Ordinance No. 611
haVe first reading by title only. Carried unanimously.
The secretary read Ordinance NO. 611 by title.
Moved by Welsh, seconded by Sharp that Ordinance No. 611 be
introduced.
Replying to Councilman Woodruff, Mayor Saltarelli said that
he had received a letter from the Irvine Company as to dis-
cussions with the staff on the matter of pedestrian safety
on Walnut, etc., which he felt satisfactorily addressed that
problem.
Above motion carried. Ayes: Saltarelli, Langley, Sharp, Welsh,
Woodruff. Noes: none. Absent: none.
XII.
OLD BUSINESS 1. CONSIDERATION OF REMOVAL OF STOP SIGNS AT FIRST AND
WHITE SANDS
(This matter was taken out of order. See page 2.)
2. TUSTIN SPHERE OF INFLUENCE
Mayor Saltarelli related LAFCO'S removal on December 12, 1973,
of a large! portionof Tustin's adopted sphere of influence
(Marine Corps Air Station (Helicopter)) without prior notice
orhearing, an action which alters the City's position rela-
tive to spheres of influence; if they can be changed arbitrarily
they have no real value.
Mr. Saltarelli reported meeting with the Board of Directors of
the Foothill Home Owners Association regarding Tustin's sphere
of influence. The Association requested several months ago that
the north Tustin area be deleted from Tustin's sphere, and the
organization will recommend the development of a municipal
advisory council for that area and the formation of a new
County service area to be defined on a map which would include
areas in and out of Tustin's adopted sphere. He discussed a
northerly projection of City boundaries annexed several years
ago to prevent encroachment of Santa Ana into the north Tustin
area, and said it appeared to him that the ultimate boundaries
of the City need to be expanded and rounded out to make it
economically feasible for the City to provide services to areas
to the north. Lacking that assurance, he felt that the Council
should consider changing the Tustin sphere and the incorporated
limits of the City, basically related to the property between
Santa Clara and Fairhaven which is zoned R-1 and currently unde-
veloped. The FHOA felt that if this property were to be deannexed,
they would not object as it is not a logical extension of Tustin's
borders and would be difficult and expensive to service if devel-
oped.
Council Minutes
1/21/74 Page 8
Councilman Welsh questioned' how the line would be drawn as
to which areas in the north Tustin area are or would be liab-
ilities to service and which would not be, and said he did not
envision the viable annexation of the north Tustin area at any
time in the future.
Mr. Tom Lenhart, representing the Foothill Home Owners Associ-
ation, stated that north Tustin homeowners are concerned with
their own area as related to the large spheres of influence
granted to the Cities of Tustin and Orange by the Local Agency
Formation Commission. In order to make the boundaries of County
Service Area No. 5 more reasonable, and to eliminate islands and
small projections, it is proposed that the Service Area boundaries
be adjusted to follow Irvine Boulevard from westerly of Myford
Road to Holt (following City boundaries), north on Holt to 17th,
west on 17th to Prospect, north on Prospect to Fairhaven, and
easterly on Fairhaven following the Orange City limits. Terri-
tory westerly of that proposed boundary would be deleted from the
present Service Area No. 5. If the City chose to deannex the area
between Santa Clara and Fairhaven, the new service area boundary
could project westerly from Prospect and include that deannexed
area. He added that, as a matter of policy, FHOA does not oppose
the desires of any north Tustin residents who may want to annex
to a city.
Mr. Gill asked for clarification that unincorporated territory
westerly of Prospect would be deleted from Service Area No. 5
only if annexed to the City of Tustin. Mayor Saltarelli con-
firmed this.
Mr. Welsh commented on the residents' close identification
with Tustin, whether within City limits or no~, and favored
not changing the sphere or engaging in programs of deannexation.
Mayor Saltarelli felt that these residents should be given an
opportunity to support their identification with Tustin by
lng the City; this would solve problems for the City and for
FHOA, and would improve the quality of municipal-type services
they are receiving. He said Ehat retaining of the land between
Santa Clara and Fairhaven, for example, within City limits could
be justified if the surrounding area were also in the City.
In reply to questioning, Mr. Gill said that annexation of any
area having more than 11 registered voters would require an
election, with a typical process time of about one year.
Councilman Sharp favored some advance planning as to the
desired general"size and shape of the City, and then working
toward that goal, rather than initiating piecemeal annexations.
Mayor Saltarelli agreed, and asked for staff input as to what
is required to hold an election or whatever may be necessary to
see if people within a defined area would like to come into the
City, what costs are involved, etc.
XIII.
NEW BUSINESS 1. SANTIAGO BANK PARKING PLAN
Mr. Fleagle explained that Santiago Bank on First Street has
acquired adjoining parcels for the purpose of providing park-
ing accommodations and more convenient drive-thru lanes and
windows, with the intent of developing the parking accommoda-
tions in conformance with a master plan of development for
the parcels now occupied by Palmwood Gardens, Siegel residence,
Santiago Bank, and vacan~ parcels to the north (Specific Plan
No. 5). A public hearing on the specific plan is scheduled for
February 19, 1974. Two sets of plans for parking lot design
have been submitted, one of which is in accordance with the
Council Minutes
1/21/74 Page 9
ultimate master plan; however, Santiago Bank desires assurs_nce
that they may revert to Alternative "A" in the event the
ultimate development does not materialize.
Following a brief discussion, it was moved by Langley, seconded
by Welsh that Alternative "A" site development plan is deter-
mined to be an appropriate modification of the parking lot
design for the Santiago Bank to provide access to Parcel "E"
in the event that the proposed ultimate development plans do
not materialize. Carried unanimously.
XIV.
OTHER BUSINESS 1. DECORATIVE BUS BENCHES
Based on the City Administrator's recommendations, the City
Council approved placement of six decorative bus benches along
E1 Camino Real at locations as follows: northwest corner of
E1 Camino Real and Second; northwest corner of E1 Camino Real
and Main; southwest corner of E1 Camino Real and Sixth (in
Market Basket center); southeast corner of E1 Camino Real and
Main; southeast corner E1 Camino Real and SecOnd; and southeast
corner of E1 Camino Real and First.
2. LIBRARY AGREEMENT
Mr. Gill announced that he would be meeting on Wednesday,
January 23, with County representatives on the matter of the
Library agreement.
3. MCCALLA PROPERTY
Mr. Rourke reported that he had received that day the approval
of the footage computations from the McCallas' representatives,
and had been advised that the City will be receiving shortly
the commitment of Santa Ana Valley Irrigation to provide water
to the City after the purchase. Escrow can close when the
seller has performed these remaining obligations.
4. STAFF COMPLIMENTED
Councilman W0odruff complimented Brent Marchetti, Parks and
Recreation Director, for the latest iss~ue of "Tustin Today"
brochure which came out this week; praised Police Chief Kelly's
public relations program, particularly the door-to-door contact
on burglary prevention; and commended Mr. Rourke for the fine
job of representing the ~ity in court recently.
5. GENERAL MEETING, ORANGE COUNTY LEAGUE
Councilman Woodruff said that he would attend the General Meeting
Of the Orange County Division of the League of California Cities
to be held on January 24, hosted by the City of Seal Beach.
XV.
ADJOURNMENT Moved by Welsh, seconded by Sharp that the meeting be adjourned.
Carried unanimously. ( 10: 55 p.m. )
'~ ~ ~' ~R