HomeMy WebLinkAboutCC MINUTES 1974 11 04 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL November 4, 1974 CALL TO ORDER The meeting was called to order at 7:30 p.m. by Mayor Langley. II. ~--- PLEDGE OF ~ ALLEGIANCE Led by Mayor Langley. III. INVOCATION Given by Councilman Edgar. IV. ROLL CALL Present: Councilmen: Langley, Sharp, Edgar, Saltarelli, Welsh. Absent: Councilmen: None. Others present: City AdministEator Harry Gill Asst. City Administrator for Community Development Ken Fleagle City Attorney James Rourke City Clerk Ruth Poe V. PUBLIC HEARINGS 1. COMMERCIAL PLANNED DEVELOPMENT (CPD) DISTRICT An amendment to the Zoning Ordinance, initiated by the Planning Commission on its own motion, to establish a Com/nercial Planned Development (CPD) District. Pro- posed district would be applicable to commercial prop- erty along First Street from Prospect Avenue west to the Newport Freeway, and specify such criteria for planned commercial development. Mr. Flea~le gave the background of this proposal and explained that the district would extend 300 feet from the property lines on the north and south sides of First Street. The zone is pro- posed as an impetus for the redevelopment of First Street, while providing buffers to adjacent residential areas. The Planning Commission, following public hearings, recommended Council approval of the CPD zone by adoption of Resolution No. 1413. Mr. Fleagle replied to Councilman Welsh's questions related to Section 6 concerning parking requirements, explaining the intent to increase open space around buildings; and to Mr. Saltarelli's concern about the prospect of extending professional offices on Irvine Boulevard southerly, and its impact on residents between Irvine and First. Councilman Sharp questioned the height limitations, which would allow a five-story structure on First Street, and the impact on residents in the vicinity. Mr. Fleagle explained that under present zoning, a 50-foot height is the limitation in the C-2 district, and 25 feet in the C-1 district; so the height allowance already exists but without the safeguards of the proposed CPD zoning. Councilman Sharp was still concerned with the density which high-rise structures would accommodate. He stated that he would like to study this matter further before taking a position. Mayor Langley opened the public portion of the hearing at 7:46 p.m. There being no comments or objections, he closed the public portion of the hearing. Moved by Edgar, seconded by Welsh that the creation of a Com- mercial Planned Development (CPD) District be approved, with a 35-foot building height limitation. City Council Minutes 11/4/74 Page 2 Considering that the proposed change in the height limitation only doesn't address other pertinent problems in the proposed zoning regulations, Councilman Saltarelli moved, seconded by Sharp, that the~matter be continued to the next regular meeting. Councilman Saltarelli expressed his concerns as being the impact on residents of possible increased traffic volume on side streets, and suggested the possibility of extending the zone so that prop- erty would be tenable to sell and residents might be able to include their properties in development if they desire. He also wanted further investigation of the height limitation; because of the high cost of land today, there is a possibility of increased demand for high-rise structures. Having been advised by Mr. Fleagle that there were no pending development plans which would be affected by a delay, Mayor Langley directed that interested parties be advised the Council has taken this proposed zoning under study. Mr. Langley also asked that Councilmen retain material provided in their packets and advise the staff during the next week of areas of specific concern. Above motion for continuance carried unanimously. 2. SALE OF PROPERTY, 155 WEST FIRST STREET Mr. Gill referred to the City Engineer's memorandum on this matter, and to offers received from Carl L. Wood and Dr. Donald R. Scott; and advised that the Council has the option of accept- ing any of the offers, accepting offers from the audience during the public hearing, or continuing the matter. ~--~ In response to Councilman Saltarelli's question about whether this matter could be open to public bidding at auction, Mr. Rourke stated that it is an auction in the sense that anyone may make an offer here, but he didn't think that the Council \ would be in a position to have to accept the highest offer, so it wouldn't be a public auction without reserve. It requires a 4/5 vote of the Council to accept any offer. Mr. Gill replied to Council's questions about the effect of accepting any long term financing for the property on closing out the accounts on the First Street widening project. Mayor Langley opened the public portion of the hearing at 7:55 p.m. Mr. Hal HawkinS, Saddleback Realty, 181 E1 Camino Real, Tustin, stated that he has an interested party for all three parcels, and requested a 30-day extension to allow him time to put the deal together. He suggested that this proposal would be more beneficial to the City as it involves a sit-down restaurant. There being no further comments or objections, the public portion of the hearing was closed at 7:58 p.m. Councilman Saltarelli stated that it would be improper for the City to hold any property if it is not being used for public purposes; the public would best be served by the City disposing of the property to the best bidder. Mayor Langley stated that with no appraisal the Council has the responsibility to obtain the best possible price for the prop- erty, and said that he would like to see another bid and saw no problem with continuing this matter to the December 2nd meeting. In reply to further questions, the staff advised that the prop- erty comprises 4,899 square feet less street right-of-way, and the City paid $14-15,000, half of which is County money. City Council Minutes 11/4/74 Page 3 Councilman Sharp stated that the City has a con~nitment of get- ting the best possible value out of the land in open space. He suggested that before selling the Council consider what the buyer intends to do with the property as far as development, especially on First Street because of the commitment of funds for its improvement. On Mr. Rourke's assurance that the Council was within its power to request this information of a prospective buyer, Mr. Welsh expressed his agreement with Councilman Sharp. Mr. Carl L. Wood, Carl Wood Realty, 501 West First Street, Tustin, stated that he had outlined in his letter to the City what the property would be used for; and gave a copy of that letter to the Council. Councilman Saltarelti felt that it would be improper to dis- criminate against someone who wants to put a business in which is within the Zoning Ordinance. Mayor Langley agreed. Mr. Rourke explained that he didn't mean that the City could impose limitations on what the buyer could do with the property, but bidders on the property could be required to advise the Council of what their intentions are. Mr, Jim McKee, 14272 Olive Tree Circle, Tustin, stated that the disposition of the property at this point is not the concern here, and was concerned that the Council might be overstepping its bounds. Mr. George, owner of an insurance brokerage on Irvine Boulevard in Tustin, stated that he intended to buy the property, with Mr. Wood handling it in his behalf. He said he had made a sub- stantial offer on the property, although it is not a substantial lot and is limited by size to certain uses. He intended to build on the property as soon as possible, and saw no reason for any further delays. Dr. Donald R. ScOtt, Chiropractor, 17581 Irvine Boulevard, Tustin, stated that he intended to put in a building in keeping with the quality of Irvine' Boulevard, and that he was ready to start and prepared to pay cash. Councilman Sharp inquired as to whether action to sell this property at this time would in any way exempt it from any con- sideration of the proposed commercial overlay zone. Mr. Rourke replied that it would not be exempted. Councilman Saltarelli recommended selling the property forth- with to the best bidder, and that to follow any other course would be to engage taxpayers' funds in real estate speculation. Mayor Langley felt that it is the obligation of the Council to specify terms; the two offers are different. Councilman Welsh agreed. After further discussion, Mr. Wood stated that his p~oposal included financing over a five-year period, but it is planned that the property be developed immediately, and he would be willing to Change the due date to one or two years. He felt that the loan would probably be paid off in six months in order to get a construction loan anyway. He had no objection to rais- ing the interest rate or shortening the due date. He briefly discussed current interest rates and points with Mayor Langley. Moved by Welsh, seconded by Saltarelli, that the offer of Dr. Scott for a cash purchase be accepted. City Council Minutes 11/4/74 Page 4 Councilman Saltarelli suggested that at this point a stipulation be made as to the time period to enter into and close escrow. Mr. Rourke thought that would be desirable. Dr. Scott indicated that a 30-day escrow would be acceptable to him. Motion failedby roll call vote. Ayes: Saltarelli, Welsh. Noes: Langley, Sharp, Edgar. Absent: none. Councilman Saltarelli opposed the City carrying paper because it is not in the lending business. He recon~nended continuing to the next meeting and at that time auctioning to the highest and best bidder, with no reference to the type of building going on the property. He preferred a cash offer. Moved by Edgar, seconded by Sharp, that this matter be continued to the next regular meeting for consideration of cash offers. Mayor Langley asked that if an offer is received similar to the $22,500 offer, Mr. Blankenship work out the figures so the Council will know what the interest rate will return to the City. Mr. Gill advised that the City Attorney had indicated that there is a statutorylimitation for the City of 10% and no points. Mayor Langley requested that the Council be provided information on the net profit or loss of any offers. Above motion carried by roll call vote. Ayes: Langley, Sharp, Edgar, Welsh. Noes: Saltarelli. Absent: none. VI. PUBLIC CONCERNS 1. AMERICAN FOUNDATION FOR THE SCIENCE OF CREATIVE INTELLIGENCE A representative of the American Foundation for the Science of Creative Intelligence, 528 N. Glassell, Orange, invited Councll Members to a reception honoring government officials in Orange County, and read the purposes of World Plan Week. Mayor Langley presented to the Foundation representative a Proc- lamation designating the week of November t0, 1974, as "World Plan Week in Tustin". 2. MR. BILL LUCAS, Pl: GROUP INSURANCE Mr. Bill Lucas, representing a major insurance company doing business in the State of California, addressed the Council con- cerning submitting a competitive bid for a group medical and hospitalization plan, but he was reluctant to persue the mat- ter unless the City's broker of record were to be invalidated. He recommended that a set of specifications be produced, and offers received and evaluated by a City-paid consultant rather than by someone working on a commission. After some discussion of this matter, Mr. Rourke stated that it would be appropriate to continue this matter for two weeks and let the staff respond concerning the advantages and disad- vantages of competitive bidding as proposed by Mr. Lucas. Mayor Langley agreed, and asked that the staff provide such a report. City Council Minutes 11/4/74 Page 5 VII. CONSENT CALENDAR 1. APPROVAL OF MINUTES of October 21, 1974, meeting. 2. RATIFICATION OF DEMANDS in the amount of $45,746.95. "' 3. RESOLUTION NO. 74-85 A Resolution of the City Council of the City of Tustin, California, CALLING A SPECIAL ELECTION TO BE HELD ON THE 4TH DAY OF MARCH, 1975 PERTAINING TO THE ANNEXATION OF THE TERRITORY DESIGNATED AS "PASADENA-CARLANN ANNEXATION NO. 84" TO THE CITY OF TUSTIN. Site is located on Pasadena Avenue, easterly of the New- port Freeway, southerly of the Santa Ana Freeway, and 2northerly Of McFadden, consisting of 9.533 acres. 4. APPROVAL OF STATEMENT OF A. QUINCY JONES CITY CENTER ARCHITECT, in amount Of $1,207.04. 5. CLAIM OF BEATRICE FREEMAN Denial of claim of Beatrice Freeman as recommended by the City Attorney. 6. RESOLUTION NO. 74-86 A Resolution of the City Council of the City of Tustin, California, ANNEXING TO THE CITY OF TUSTIN CERTAIN TERRI- TORY DESCRIBED HEREIN, AND DESIGNATED RED HILL-LANCE ANNEXATION NO. 88. Location: West side of Red Hill Avenue approximately 150 feet south of Lance Drive and consisting of 0.7795 acres. 7. RESOLUTION NO. 74-87 A Resolution of the City Council of the City of Tustin, California, ESTABLISHING CERTAIN FEES AND SERVICE CHARGES. Moved by Sharp, seconded by Edgar that items 1, 2, 5, 6 and 7 of the Consent Calendar beapproved. Carried unanimously. 3. RESOLUTION N0. 74-85 After brief discussion of the cost of the election and the protests received from property owners in the area of the pro- posed annexation location, it was moved by Edgar, seconded b~ Saltarelli, that Resolution No. 74-85 be adopted. Carried. Ayes: Langley, Sharp, Edgar, Saltarelli. Noes: Welsh. Absent: none. 4. APPROVAL OF STATEMENT OF A. QUINCY JONES Moved by Saltarelli, seconded by Sharp, that the Statement of A. Quincy Jones, Civic Center Architect, in the amount of $1,207.04, be approved. Carried unanimously. Councilman Saltarelli stated that he appreciated seeing the cost breakdowns, and said he wanted to continue to see the cost of various items as they come out. VIII. ORDINANCES FOR ADOPTION NONE. City Council Minutes 11/4/74 Page 6 IX. ORDINANCES FOR INTRODUCTION NONE. X. NEW BUSINESS 1. TRAFFIC SIGNAL AGREEMENT-NEWPORT AND WALNUT AVENUES Agreement with the County of Orange for installation of a traffic signal and highway intersection lighting sys- tem at the intersection of Newport and Walnut Avenues. Moved by Edgar, seconded by Welsh, that the execution of the agreement with the County of Orange, providing for the instal- lation of a traffic signal and highway intersection lighting system at the intersection of Newport and Walnut Avenues~ be approved. Mr. Gill responded to Councilman Welsh's questions concerning synchronization and interconnection of the signals. Above motion carried unanimously. Replying to Councilman Edgar, Mr. Gill stated that efforts are underway to determine the design, construction, and completion timing of many of the projects in the capital improvement pro- gram, and a chart for graphic representation hopefully will be completed by the end of the pear. 2. PARK NAMING--UTT AND MITCHELL PARK SITE Moved by Edgar, seconded by Welsh that the Utt-Mitchell park be designated as "Ponderosa Park". Mr. Hu~h West, City Maintenance Superintendent, advised that the Ponderosa Pine tree doesn't do well in this area, and is not available anyway. Moved byEdgar~Secondedby Welsh, that~the Utt-Mitchell park be designated,Indian Laurel Park". RECESS Mayor Langley called a brief recess at 9:08 p.m. CALL TO ORDER The meeting reconvenedat 9:23 p.m. Movedby Edgar~ seconded by Welsh, that the previous motion be amended to designate the Utt-Mitchell park as "Laurel Park". Carried by 4-1 vote, Councilman Saltarelli voting no. XI. OLD BUSINESS 1. HOLTHE DISPOSAL REQUEST FOR RATE INCREASE Councilman Saltarelli abstained from discussion in this matter. Mr. Blankenship sun~narized his latest memorandum on this mat- ter, and responded to Councilmen's questions concerning the County refuse collection transfer fees~ water meter versus unit rates, the applicatiOn~of the Consumer Price Index to this situ- ation, and the City's franchise fee. There was discussion among the Council of the effect of an exclu- sive franchise upon residential and~conmlercialrates. Ms. Maureen Holthe stated that departure from an exclusive franchise would raise the residential rates considerably. City Council Minutes 11/4/74 Page 7 Mayor Langley encouraged recognition of the difficulties the Holthes are experiencing, and noted that the many benefits derived from the company beyond their excellent service should be considered in looking at these rates. He felt that the Holthes' requests were reasonable in view of the rate of in- flation. Councilman Edgar concurred. ,.. Moved by Edgar, seconded by Welsh that the requested rate increases be approved and that the contract with Holthe Disposal be extended for three years. ยท . Mayor Langley requested that Mrs, Blankenship prepare a report On extension of the contract in relation to rates and other considerations. CounciLman Welsh felt that~the company should have the knowledge of a firm commitment that a contract extension would provide. Councilman Edgar agreed on the basis that proposed development of E1 Camino Real-Main-NeWport area might make it necessary for the Holthes.to locate elsewhere,! He said that the contract extension is acceptable in concept, but conceded that some con- ditions on equipment requirements, etc., might be added to the contract. Ms. Holthe=explained that their equipment is relatively new and the company is regularly updating it. Their primary con- cern now is with the scarcity of land for their use, and an early decision on the contract extension is vital. Councilman Sharp noted that the price the City has negotiated for refuse collection is less than what other cities have nego- tiated, and this situation should be corrected; there should be some statistical basis on which to make the operation more economical to the vendor. Hewas reluctant to accept a three- year extension of the contract without further analysis of the situation. Councilman Edgar and Welsh withdrew the previous motion. Moved by Edgar, seconded byWelshthatHolthe Disposal Service be granted a rate increase effective December 1, 1974, based on the requested rates listed in the staff report ($1.45 for residential service, etc.), with no additional CPI increase unt~] July, 1975; and that the staff provide a recommendation at the next meeting as to extensionof the contract for an ~itional three years. Carried 4-0, Councilman Saltarelli abstaining. XII. OTHER BUSINESS 1. SCHOOL CROSSING GUARDS Council discussed the alternatives covered in the City Admin- istrator's October 30th report on School Crossing Guards, and directed that staff contact the Tustin Unified School District Superinten~e~about pursuing legislation to permit financial assistance from the School District for provision of school crossing guards, and that the possibility be explored of the County sharing in some of these costs. Councilman Sharp asked that the County be requested to place a crossing guard at Prospect and Beneta, with the City sharing the cost. 2. IRVINE BOULEVARD ANNEXATION--PROSPECT TO WEST OF HOLT Mr. Fleagle discussed his memorandum to the City Administrator dated October 30, 1974, and stated that the School District City Council Minutes 11/4/74 Page 8 property at Irvine and. Prospect was not sufficient to achieve the annexation without the consent of the owners of some of the adjacent properties. 3. DEVELOPMENT STANDARDS Mr. Fleagle agreed to prepare a Resolution amending Council Resolution No. 73-35, Handbook for Planning, Zoning and Develop- ment, for consideration by the City .Council, to include drain- age facilities. 4. HOUSING AND COMMUNITY DEVELOPMENTS ACT OF 1974 Mr. Fleagle recapped the recommendations contained in his October 31, 1974, repor~ on the Housing and Community Development Act of 1974, and following Council discussion, it was~moved by Saltarelli, seconded by Langley that the Councilnot e'nter into a joint powers agreement with the County az this time, but that a reeval- uation be made of the Act during the period of July-September 1975, for determination as to desirability of a subsequent application. Carried unanimously. 5. APPROVAL OF PAYMENT TO STEWART CONSTRUCTION Mr. Gill presented a staEemen~ from Stewart Construction, the City Center contractor. Following brief discussion, it was moved by Saltarelli, seconded by Edgar, that the statement of J. A. Stewart Construction Co. be approved for payment. Carried unanimously. 6. BICENTENNIAL FOUNDATION, WISHING WELL The Council approved use of'the wishing well in .front of the old Civic Center Community Building on E1 Camino Real by the Tustin Area U. S. Bicentennial Foundation. 7. CITY CENTER WINDOW TREATMENT Mr- Gill reported that the staff has~obtained a=price of approx- imately $2100 on Mylar coating for the City.'Center windows, and will shortly be receiving an estimate on Levolor blinds, which are expected to be nearly as inexpensive as the film coating. 8. COUNCILMAN SALTARELLI'S CONCERNS Councilman Saltarelli requested Engineering Department investi- gation of activation for no reason of the Walnut Avenue railroad signals; and that-staff research the matter of pedestrian and emergency access on Sycamore between Tustin Meadows and Peppertree. 9. PROSPECT-BENETA PARK tn reply to a question from the Council, Mr. Gill stated that Bob Harrison is making an appraisal for the City on the Prospect- Beneta park site; a determination will be made on completion of the appraisal as to the amount of money to be received from the County for the park. This matter will be coming to the Council for action before it goes to the County. 10. CITY CENTER MATTERS The staff was highly conunended for their efforts on the success- ful City Center opening ceremonies- It was the consensus of the Council that the City staff do the design work for the parking lot east of the mall .area, that land- scaping be completed around the parking lot, and that enough land be committed in the mall area for an adequate construction yard for the library builders. City Council Minutes 11/4/74 Page 9 11. MOTORCYCLE PROBLEM AREAS Council expressed concern about motorcyclists on the Jamboree berm; staff advised that landscaping is underway and a chain link fence is to be installed in accordance with Council con- ditions. ,-~ Mr. Gill agreed to contact the Flood Control District about fencing or other means of preventing further motorcycle-riding along the Venta flood control channel east of Tustin Meadows. XIII. ADJOURNMENT The meeting adjourned at 11:05 p.m. to an Executive Session, and then to the next regularly scheduled meeting of November 18, 1974. MAYOR ~,~ITY CLERK