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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