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