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HomeMy WebLinkAboutCC MINUTES 1975 06 02 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL JUne 2, 1975 CALL TO ORDER The meeting was called to order at 7:30 p.m. by Mayor Saltarelli. II. PLEDGE OF ALLEGIANCE Led by Councilman Welsh. III. INVOCATION Given by Councilman Edgar. IV. ROLL CALL Present: Councilmen: Saltarelli, Edgar, Sharp, Sutcliff, Welsh. Absent: Councilmen: None. Others present: City Administrator William L. Bopf Assistant City Administrator Dan Blankenship Assistant City Administrator for Community Development Ken Fleagle City Attorney James Rourke City Clerk Ruth Poe V. PUBLIC HEARINGS 1. SALE OF REAL PROPERTY, 155 WEST FIRST STREET, TUSTIN (Continued from 5/19/75) Mr. Rourke stated that no offers had been received on the subject property as of that date. Mayor Saltarelli opened the public portion oft he hearing at 7:36 p.m. Mr. Walt Fredriksen, 240 East Third Street, Tustin, made an offer of $15,000 for the property, based on current values of real estate in that area and on his analysis finding that the lot is substandard in size and shape. He indicated a preference for a decision on acceptance of his offer that evening. Fir. Rourke noted that the offer was a fair amount below the appr&ised value of the property; while the appraisal was made some time ago, experience has shown that values of property in the area generally have gone up. But the Council has the option of accepting the proposal as the sale has been advertised and brought for public hearing on two different occasions. In reply to a question from the Council, Mr. Fredriksen indicated that his was a cash offer, with the time negotiable. He offered to make a deposit and sign necessary documents that evening. There being no further comments or objections, the public portion of the hearing was closed at 7:42 p.m. Moved by Edgar, seconded by Welsh, that the offer of Mr. Wal~ Fredriksen for purchase of real property at 155 West First Street, in the amount of $15,000, be accepted, subject to posting of proper deposit and execution of necessary documents. Carried unanimously. 2. AMENDMENT TO ZONING ORDINANCE TO CREATE COMMERCIAL GENERAL (CG) ZONE An amendment to the Zoning Ordinance (Ordinance No. 157, as amended) to create a "Con~nercial General" (CG) Zoning Class- ification which specifies permitted uses and development criteria for properties within a commercial district. Sub- ject zoning classification is to be applied to certain properties with access to First Street, westerly of Prospect City Council Minutes 6/2/75 Page two Avenue. In addition, said properties will be subject to a Use Permit pursuant to the procedures of the Planned Unit Development District. Certain properties within the district developed in multi- family residential use are proposed for rezoning in con- formance witht~e existing use. In reply to questions from the Council, Mr. Fleagle said the new zone, if adopted, would not necessitate any change in the Sign Ordinance, which identifies two classifications of Conm%er- cial--consolidated commercial centers and independent commercial properties. In accordance with Supervisor Clark's recommendation that the cities and County adopt standard designations of zoning terms, the CG Zone has been adopted by several cities in the County. Mr. Fleagle then discussed height limitations (as addressed in Section 1932.42 of the proposed ordinance), explaining that there is a variance to the height limitation authorized for any property removed from a residential unit by at least 200 feet. Generally, the height limitation is 35 feet, whereas some sections of Irvine Boulevard have a 50-foot height limitation. Mr. Fleagle said that the CG Zone will encourage development by removing ambiguities of the permitted zoning classifications, giving property owners concise options as to use of their prop- erties--while protecting adjoining residential properties. The only possible discouragement to development might be the require- ment of a use permit hearing, which would discourage only those not having a good strong project to defend. In reply to a ques- tion, he said that the ordinance is so comprehensive that any use identified as commercial use is permitted, subject to those conditions that make it compatible; he saw no occasion for the necessity for change in the ordinance or for a variance. The public portion of the hearing was opened at 7:48 p.m. Mr. Bill Moses, 649 SoUth "B" Street, Tustin, questioned how a use permit process'would remove ambiguity; it would instead cre- ate obstacles for every developeror landowner. He asked why such control is necessary on one of the oldest streets in Tustin. Mayor Saltarelli responded that the Council's intent is to encour- age any kind Of development that anyone would want to put on First Street, ~nd that this zone would give the Council the option to make exceptions to limitations for a worthwhile project. There being no further co~m~ents or objections, it was moved by Sharp, seconded by Sutcliff, that the public portion of the hear- ing be closed at 7:52 p.m. Carried unanimously. Councilman Sharp expressed his support of the ordinance as drawn, based on the comprehensive list of permitted uses which excludes only those kinds of developments that would be considered undesir- able, and the provision of enough restriction but enough flexibility as well. Councilman Edgar also favored the ordinance, while also answering Mr. Moses' concerns about layers of difficulty that this may seem to impose on developers. He said that this ordinance in no way restricts a person having property near First Street to a position of having to sell it; but if he has property on or near First Street that he desires to sell, and the project is not defined by terms of the ordinance, the use permit technique encourages him to approach the City about the project. Mr~ Edgar commented that it is difficult to achieve that kind of flexibility, so this is a real opportunity to encourage development of First Street without interfering with any of the residents. City Council Minutes 6/2/75 Page three Moved by Edgar, seconded by Sharp, that the findings and recom. mendations of the Planning Corm~ission be approved, and that th~ City Attorney be directed to prepare anor~in~nce for introduc- tion at the next regular meeting, substantially as recommended bythe Planning Commission. Councilman Sutcliff advised that this action is the direct result of study done over a period of months, broughtto the Council by the Planning Commission in an effort to avoid strip commercial or high-rise development in inappropriate areas along First Street. Mr. Fleagle replied to further questions from the Council by stating that the zoning law doesn't permit putting properties in a status which permits developing only whatever the Council approves, unless there is universal application. This ordinance goes as close to that as possible, giving as much flexibility as possible and still providing the desired safeguards. The list of permitted uses is intended to exemplify permitted uses, with the general provision in the Zoning Ordinance that the Planning Com- mission should make a determination of comparability. Only ware- house and manufacturing uses are'Tprecluded. Councilman Edgar again spoke in favor of the safeguards, flexi- bility and options provided by this zone. Councilman Welsh agreed, finding that this zoning will achieve flexibility of development without the liabilities of the overlay zone which would have threatened residential properties. Following brief discussion, the above motion was carried by roll call vote. Ayes: Saltarelli, Edgar, Sharp, Sutcliff, Welsh. Noes: none. Absent: none. VI. PUBLIC CONCERNS 1. MR. RONALD SCHWARTZ, RE: APPEAL OF AMALGAMATED RESTAURANTS Mr. Ronald Schwartz, 610 Newport Center Drive, Newport Beach, rep- resenting Amalgamated Restaurants, Inc., requested that their appeal concerning the Heritage House restaurant (agendized as New Business No. 5) be continued to the next regular meeting. In reply to the Mayor's question as to whether the Heritage House has complied with the Planning Commission's requirements, Mr. Fleagle replied that operators have indicated that the advertised "99¢ Lunch" is a take-out lunch, and if so, they are in compliance with the Planning Commission's order. However, they must remove that sign from the window to comply with the Sign Code. Mr. Schwartz presented a petition from patrons protesting the discontinuance of on-premise food service. Moved bl~ Edgar, seconded by Sharp that this matter be continued to the next regular meeting. Mr. Carter and Mr. Zink, neighbors of the Heritage House establish- ment, indicated from the audience that they had no objection to continuing this matter. The above motion was carried unanimouSly. VII. CONSENT CALENDAR 1. APPROVAL OF MINUTES - May 19, 1975, meeting. 2. RATIFICATION OF DEMANDS in amount of $100,992.38. City Council Minutes 6/2/75 Page four 3. TENTATIVE TRACT 8760 - San Juan Street Approval as recommended by. the Planning Con~nission. 4. PARCEL MAP 75-75 - Seventeenth and Yorba Approval as reco~nended by the Planning Commission. 5. RESOLUTION NO. 75-30 A Resolution of the City Council of the City of Tustin, California, CONSENTING TO COMMENCEMENT OF PROCEDURES FOR THE ANNEXATION OF CERTAIN. INHABITED TERRITORY DESIGNATED "SYCAMORE-RED HILL ANNEXATION NO. 85" TO THE CITY OF TUSTIN. Staff responded tO questions from the Council concerning Consent Calendar items, and Mayor Saltarelli requested that staff inves- tigate the number of checks being written, as he was concerned about numerous checks being issued to the same vendor with no explanation included On the warrant printout. Moved by Edgar, seconded by Sutcliff, that the Consent Calendar be approved. Carried unanimously. VIII. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 652 An Ordinance of the City of Tustin, California, AMENDING THE TUSTIN CITY CODE RELATIVE TO REGULATING VEHICULAR TRAFFIC AND PARKING ON PRIVATELY OWNED PROPERTY. Moved by Sutcliff, seconded by Welsh, that Ordinance No. 652 have second reading by title only. Carried unanimously. The secretary read Ordinance No. 652 by title. Moved by Welsh, seconded by Edgar, that Ordinance No. 652 be adopted. Carried by roll call. Ayes: Saltarelli, Edgar, ~harp, Sutcliff, Welsh. Noes: none. Absent: none. Mayor Saltarelli requested that the Alpha Beta Center On Red Hill be contacted again about the City offering this enforcement service. IX. ORDINANCES FOR INTRODUCTION NONE. X. OLD BUSINESS 1. AGREEMENT WITE TUSTIN UNIFIED SCHOOL DISTRICT - CITY OPERATION OF TESTIN HIGH SCHOOL SUMMER RECREATION AND AQUATICS PROGRAM Council discussed whether the agreement as submitted met the intent of the Council as expressed at the previous meeting, as related to sharing of profits or 16sses between the City and the School District. Mayor Saltarelli reiterated his position that when unbudgeted items are sought, it is not unreasonable to ask for a guarantee against loss. Moved by Welsh, seconded by Sutcliff, that the Mayor and City Clerk be authorized to execute the agreement as presented between the City and the Tust~n Unified School District lor City operation of the summer recreation and aquatics progx=m at Tustin High School. City Council Minutes 6/2/75 Page five In further discussion, which included responsibility for mainte- nance and repair of the physical facilities, Mr. Biery clarified the source of the administrative and supervisory costs, and Mr. Bopf suggested that overhead cost figures be gathered during this first year of the City's operation of the program, to estab- lish some basis for evaluation next year. Above motion carried by roll call vote. Ayes: Edgar, Sharp, Sutcliff, Welsh. Noes: Saltarelli. Absent: none. 2. APPROVAL OF COLUMBUS TUSTIN SCHOOL ANNEXATION NO. 89 1. RESOLUTION NO. 75-29 A Resolution of the City Council, City of Tustin, California, FINDING, DETERMINING AND DECLARING THAT A MAJORITY PROTEST HAS NOT BEEN MADE TO THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED "COLUMBUS TUSTIN SCHOOL ANNEXATION NO. 89" TO THE CITY OF TUSTIN, CALIFORNIA. 2. ORDINANCE NO. 653 An Ordinance of the City Council of the City of Tustin, California, APPROVING THE ANNEXATION OF CERTAIN UNIN- HABITED TERRITORY, DESIGNATED "COLUMBUS TUSTIN SCHOOL ANNEXATION NO. 89" TO THE CITY OF TUSTIN, CALIFORNIA. Moved by Edgar, seconded by Sutcliff, that Resolution No. 75-29 be read by title only. Carried unanimously. The secretary read Resolution No. 75-29 by title. Moved by Sharp, seconded by Edgar, that further reading be waived and that Resolution No. 75-29 be passed and adopted. Carried. Ayes: Saltarelli, Edgar, Sharp, Sutcliff, Welsh. Noes: none. Absent: none. Moved by Sharp, seconded by Edgar, that Ordinance No. 653 have first reading by title only. Carried unanimously. The secretary read Ordinance No. 653 by title. Moved by Sharp, seconded by Welsh, that Ordinance No, 653 b~ introduced. Carried. Ayes: Saltarelli, Edgar, Sharp, Sutcliff, Welsh. Noes: none. Absent: none. Councilman Edgar requested that the Traffic Con~ission be dir- ected to consider safety features for crossing Irvine Boulevard to Columbus Tustin School, so they can be implemented by September. 3. REQUEST FOR PROPOSAL--H.C.D. FUND PROGRAM Mr. Fleagle gave the background and summarized the contents of the ReqUest for Proposals. He indicated that the staff is ready to proceed and mail the Request out to firms, and in reply to a question, said that he didn't know of any firms located in Tustin that wohld be qualified for this work. To the possibility of delaying action on this until the next meeting, Mr. Fleagle said that this would set the whole procedure back two weeks, and he explained the time frame and the importance of having the plan and proposal ready for public hearing by January 15, 1976. The City will have to make application by next April for the second year's allocation of funds, which will entail a long Federal form with numerous assurances that hadn't been considered previously, which will require a lot of COuncil determinations in March and April of next year. City Council Minutes 6/2/75 Page six Following comments from Councilman Edqar about the use of the funds for the studies on the old City Hall site and the E1 Camino Real area, and the shortage of time, and Mr. Fleagle's advice that it is too late to change the City's use of the money, Councilman Sutcliff confirmed that next year's forms will be excessively lengthy and of greater depth, and there is a geod chance that the second and third year allocations will not be forthcoming. Moved by Edgar, seconded by Sutcliff, that the staff be authorized to advertise for proposals in accordance with the form "Request for Proposals" as submitted. Carried by roll call. Ayes: Edgar, Sutcliff, Welsh. Noes: Saltarelli, Sharp. Absent: none. XI. NEW BUSINESS 1. CONSIDERATION OF APPOINTMENTS TO TUSTIN PLANNING COMMISSION Mrs. Poe reported that nine letters had been sent out to past applicants, and one application had been received thus far. It was the consensus of the Council that this matter be deferred to the next regular meeting. 2. CONSIDERATION OF APPOINTMENTS TO DEVELOPMENT PREVIEW BOARD OF APPEALS Mayor Saltarelli noted that Mr. Ron Allen did not desire to be reappointed; and Suggested that past Planning Conm%ission appli- cants may also want to apply for a position on this Board. Mr. Fleagle advised that the Development Preview Board of Appeals has never met. Mayor Saltarelli requested that staff provide a recommendation at the next meeting as to whether this Board should be continued. Councilman Sharp requested that the City Clerk direct correspondence to the existing members of the Board of Appeals who are City resi- dents, advising them of openings on the Planning Commission. 3. AGREEMENT FOR CONSOLIDATED EMERGENCY COMMUNICATIONS SYSTEM Moved by Saltarelli, seconded by Sharp, that the Mayor and City Clerk be authorized to execute the Consolidated ~nergency Commani- cation System Agreement with the City of Santa Ana, as approved by the City Attorney. Carried unanimously. 4. OPPOSITION TO ASSEMBLY BILL 1911 Following very brief diScUssi0n~ it was moved by Edgar, seconded by Sutcliff, that the Mayor be authorized to direct correspondence to appropriate legislators, opposing Assembly Bill 1911 which would reduce current park land dedication requirements. Carried unani- mously- 5. APPEAL OF AMALGAMATED RESTAURANTS, INC., RE: HERITAGE HOUSE This matter was continued to the next regular meeting- See dis- cussion in "public Concerns", page three. XII. OTHER BUSINESS 1. LANDSCAPE BARRIER WALL, TRACT 8490 City COuncil acknowledged receipt of Community Development Director's June 2nd memo relating that the requirements of the City in this matter have been met. City Council Minutes 6/2/75 Page seven 2. JET OVERFLIGHTS Mr. Bopf referred to his May 29th memo concerning revised regula- tions on jet overflights, involving the Orange County Airport Com- mission's approval of use of the Cessna Citation jet between 11:00 p.m. and 7:00 a.m., based on overflight demonstrations which indicated that this particular jet does not exceed noise levels of allowed reciprocal engines. Councilman Edgar noted that aircraft are supposed to use the New- port Freeway approach in clear visibility, rather than instruments, and apparently this is not being adhered to. Mr. Bill Moses said he had been advised that the deviation was due to a breakdown of navigational equipment of some sort at the Airport, and it may be two to three weeks before the problem is rectified. Mayor Saltarelli noted that the Board of Supervisors, by 3-2 vote, had acted to retain flight patterns now existing. Staff was asked to keep the Council informed of any future changes in flight operationsthat might impact the City of Tustin. 3. FRONTIER PARK ~ayor Saltarelli requested that equipment for small children be installed, perhaps on the east side of Frontier Park, separated from the area where the older children play. Mr. Biery reported that such play equipment is in the budget request, and added that the park monitoring program would be starting at midweek for patrol of the park between 4:00 and 7:00 p.m. 4. ORANGE COUNTY HEALTH PLANNING COUNCIL Mayor Saltarelli briefly gave background of this matter as out- lined in the City Administrator's May 29th memorandum, which stated that~under the National Health Planning and Research Development Act of 1974, a single health planning agency must be designated in Orange County. The Board of Supervisors has submitted a letter to the Department of Health, Education and Welfare indicating their desire to serve as the health planning agency for Orange County. MOved by Edgar, seconded by Sutcliff, that the Orange County Health Planning Council be endorsed as the health planning agency for the County of Orange. Carried unanimously. 5. REVENUE SHARING AGREEMENT In accordance with the City Attorney's recommendation, it was moved by Sutcliff, seconded by Edgar, that the Mayor and City Clerk be authorized to execute an amended agreement with tb~ County of Orange to extend the City's revenue sharing rights for two additional years to accon~aodate phased acquisition of the Prospect/Beneta Park. Carried unanimously. 6. HUMAN RESOURCES DEVELOPMENT CONFERENCE Council was advised of the League's Human Resources Development Conference in San Diego, July 9-11, and Mayor Saltarelli requested that the information on the conference be reviewed, and that any- one interested in attending, if funds are budgeted, contact the staff for arrangements. City Council Minutes 6/2/75 Page eight 7. SERVICE AWARDS ~ouncilman Edgar requested that some type of service award aCtiVity for City emplOyees be explored and suggested contact- ing other cities about their methods of honoring'dedicated employees. 8. REROUTING OF NICKEL BUS Mayor Saltarelli read a letter from the Tustin Unified School District requesting .that the Nickel:Bus bererouted to stop twice daily at NewpoSt and 17th to provide transportation for Tustin High summer school students in that area. It was the consensus of the Council that it would not be proper to reroute the Nickel Bus to unincorporated areas as it is financed by City taxpayers. 9. COMMENDATION OF PROJECT Mayor Saltarelli commended the DeGennaro project at E1 Camino Real and Third Street, and asked that this be conveyed to the developers- 10. BUDGET WORKSHOPS Staff was requested to schedule budget workshops as soon as possible. XIII. ADJOURNMENT The meeting was adjourned at 9:12 p.m. to an Executive Session and then to the next regular meeting of June 16, 1975. '~*~'~)TY C~ERN