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HomeMy WebLinkAboutCC MINUTES 1974 07 15 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL July 15, 1974 CALL TO ORDER Mayor Langley called the meeting to order at 7:30 p.m. II. PLEDGE OF "~ ALLEGIANCE Led by Councilman Sharp. ~ i III. INVOCATION Given by Councilman Welsh. IV. ROLL CALL Present: Councilmen: Langley, Edgar, Saltarelli, Sharp, Welsh. Absent: Councilmen: None. Others present: Assistant City Administrator Dan Blankenship Assistant City A~ministrator for Conununity Development Ken Fleagle City Attorney James Rourke City Clerk Ruth Poe PRESENTATION RESOLUTION NO. 74-56 A Resolution of the City Council of the City of Tustin, California, COMMENDING LINUA SMITH. Mayor Langley read Resolution No. 74-56 in its entirety~ Moved by Edgar, seconded b7 Welsh, that Resolution No. 74-56 be adopted. Carried. Ayes: Langley, Edgar, Saltarelli, Sharp, Welsh. Noes: none. Absent: none. ~-~ Mayor Langley presented Resolution No. 74-56 to Linda Smith. V. PUBLIC HEARINGS 1. ZONE CHANGES TO THE PUBLIC AND INSTITUTIONAL DISTRICT For the purpose Of bringing the Zoning Ordinanceinto con- formance with the General Plan. a) ZONE CHANGE 74-2 - Zoning reclassification from the R-3 "Multiple Family Residential" District to the P&I District. Subject property is the Tustin High School located at 1171 Laguna Road. b) ZONE CHANGE 74-3 - Zoning reclassification from the "U" "Unclassified" District to the P&I District. Subject property is the Robert Heidenmn Elementary School located at 15571 Williams Street. c) ZONE CHANGE 74-4 - Zoning reclassification from the R-1 "Single Family Residential" District to ~&I District. Subject property is the C. E. Utt Intermediate School located at 13601 Browning Avenue. d) ZONE CHANGE 74-5 - Zoning reclassification from the "U" "Unclassified" District to the P&I District. Subject property is the San Juan Elementary School located at 1701 San Juan Street. e) ZONE CFANGE 74-6 - Zoning reclassification from the R-1 "Single Family Residential" District to the P&I District. Subject property is the W. R. Nelson Elementary School located at 14392 Browning Avenue. City Council Minutes 7/15/74 Page 2 f) ZONE CHANGE 74-7 - Zoning reclassification from the E-4 and R-1 "Single Family Residential" District to the P&I District. Subject property is the Helen Estock Elementary School located at 14741 North "B" Street. g) ZONE CHANGE 74-9 - Zoning reclassification from the E-4 "Residential Estates" District to the P&I District. Subject property is the proposed Prospect-Beneta Park site located on the southeast corner of Prospect Avenue and Beneta Way. h) ZONE CHANGE 74-10 - Zoning reclassification from the "U" "Unclassified" District to the P&I District. Subject property is the Benjamin Beswick Elementary School located at 1362 Mitchell Avenue. Ken Fleagle gave a brief summary of staff report to Council, and advised that the School Board is somewhat apprehensive as to the use of District properties. Mayor Langley opened the public portion of the hearing at 7:35 p.m. There being no conunents or objections, the Mayor declared the pub- lic portion of the hearing closed. Moved by Saltarelli, seconded by Edgar that Zone Changes 74-2, 74-3, 74-4, 74-5, 74-6, 74-7, 74-9, and 74-10 be approved; that the City Attorney be directed to prepare the necessary ordinance; and that the School District be advised that subject property shall be eligible for a change to the appropriate zoning classi- fication a~ such time as the property is abandoned and declared surplus. Carried. 2. ZONE CHANGE NO. 74-8 Zoning reclassification from C-1-P "Retail Commercial (Com- bined Parking)" District to the R-3 "Multiple Family Resi- dential" District. Subject property is located at 15600 Willie Street, approximately 156 feet southerly of the centerline of Alliance Avenue. Mr. Fleagle gave a brief outline of staff report to Council. In answer to Councilman Saltaretli's questions, Mr. Fleagle advised that the property owner is aware of the potential zone change, did not appear at the Planning Commission hearing, but does object to this zone change. He also advised that there had been no response from residents in the area and that the zone change had been advertised by public notice. Mayor Langley opened the public portion of the hearing at 7:47 p.m. There being no comments or opposition, the Mayor declared the pub- lic portion of the hearing closed. Moved by Sharp, seconded by Edgar, that Zone Change No. 74-8 be approved, and that the City Attorney be directed to prepare the necessary ordinance. Carried, 3. PREZONING PROPERTIES SUBJECT TO ANNEXATION - For the purpose of bringing the zoning in conformance with the Tustin Area General Plan. City Council Minutes 7/15/74 Page 3 a) PREZONE 74-1 - Prozone reclassification from the R-4 "Suburban Residential" District to the P&I District. Subject property is the C. C. Lambert Elementary School located at 1151 San Juan Street. b) PREZONE 74-2 - Prezone reclassification from the E-4 "Residential Estates" District to the P&I District. Subject property is the Columbus Tustin Intermediate School located at 17952 Beneta Way. Mr. Fleagle gave a sununary of staff report to Council that the P&I Zoning would be effective upon annexation of the properties to the City,: Mayor Langley opened the public portion of the hearing at 7:50 p.m. There being no comments or objections, the Mayor closed the public portion of the hearing. Moved by Saltarelli, seconded b~x Sharp, that Prezones 74-1 and 74-2 be approved, and that the City Attorney be directed to pre- pare the necessary ordinance. Carried unanimously. VI. PUBLIC CONCERNS NONE. VII . CONSENT CALENDAR 1. APPROVAL OF MINUTES of July 1, 1974, meeting. 2. RATIFICATION OF DEMANDS in amount of $161,938.75. 3. RESOLUTION NO. 74-57 A Resolution of the City Council of the Cityof Tustin, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION. (First Street AHFP Project No. 604 and 649, between the Newport Freeway and Prospect) Moved by Edgar, seconded by Saltarelli~ that all items on the Consent Calendar be approved. Carried unaniIaously. VIII. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 624 An Ordinance of the City of Tustin, California, AMENDING APTICE III OF CHAPTER 20 OF THE TUSTIN CITY CODE RELATIVE TO PAYMENT OF FEES FOR CONSTRUCTION OF BUILDINGS AND CON- VERSION OF CONDOMiNiUMS. Moved by Edgar, seconded by WelSh, that Ordinance No. 724 have second reading by title only. Carried. unanimously. The secretary read Ordinance No. 624 by title. Moved by Edgar, seconded by Sharp, that Ordinance No. 624 be adopted. Carried. Ayes: Langley, Edgar, Saltarelli, Sharp, Welsh. Noes: none. Absent: none. City Council Minutes 7/15/74 Page 4 IX. ORDINANCES FOR INTRODUCTION NONE. X. OLD BUSINESS NONE. XI. NEW BUSINESS 1. AWARD OF BID - CITY CENTER CARPETING Mr. Blankenship advised Council that carpeting bids were opened on Friday, July 12, 1974, for the City Center Carpeting (including the Community Building carpeting on its completion). The bids were as follows: Harlow Carpets .......... ~ $37,678.00 Town and County Floor Covering . 38,275.00 ~ Custom Floors ~, .... . ...... 39,167.00 Rite-Loom ............ 39,989.00 Tri-Way Contractors ..... ~ ~ ~ .~. 42,700.00 ~ Lawrence Rosine .......... 43,417.00 Moved by Edgar, seconded by Saltarelli, that the contract for carpeting at the City Center and Community Building be awarded to the low bidder, Harlow Carpets, in'!the amount of $37,678.00. Carried. Ayes: Langley, Edgar, Saltarelli, Sharp, Welsh. Noes: none. Absent: none. 2. AWARD OF BID - CITY CENTER COMMUNITY BUILDING Mr. Blankenship advised the Council that the low bidder, C. S. Boyd Construction Company, had informed the City that they made an $18,000 error in their bid, and that they would be willing to sign a contract at their bid as an expensive lesson} but requested any consideration of the error. Mr. Blankenship recommended that the City agree to split the difference, or add $9,000 to the bid, so that the contractor will not be working at or near a loss. The bids received were as follows: C. S. Boyd Const. Co.'~ '~ .... !.~ $213,333.00 Allison Moner and Co ...... 242,287.00 J. A. Stewart Const. Co. . . 245,000.00 Leonard V. Bouas Const. Co. . 245,555.00 A. R. Gray Const. Co ....... 255,000.00 Anaheim Const. Co., Inc ...... 266,473.00 Kohlenberger & Sons Const. Co. .. 267,000.00 Morris Builders .......... 267,000.00 Councilman Sharp suggested!that the $9,000 addition be included in the contract as further incentive for the bidder to complete their part of the project on schedule. Moved by Sharp, seconded~by.. Saltarelti, that Council award the bid for construction of the Community Building to the low bidder, C. S. Boyd Construction Company, Orange, in the amount of $213,333.00, with provision for a $9,000 addition to the hid, to compensate for the bidder's error, with the stipulation that the $9,000 be paid only if the project is completed! on schedule.~ Carried. Ayes: Langley, Edgar, Saltarelli, Sharp, Welsh. Noes: none. Absent: none. Mayor Langley requested that Mr. Blankenship check into whether the mature Shammel Ash tree on the City Center site would be endangered or removed in the process of constructing the Library or Community Building. City Council Minutes 7/15/74 Page 5 3. REVISED PLOT PLAN - KOLL-BORCHARD INDUSTRIAL COMPLEX Mr. Fleagle gave a summary of his report to Council and advised that the redesignsubmitted to Council would permit the Don Koll Company to immediately commence construction of the complex. ,-~ Mayor Langley complimented Mr. Fleagle, his staff, and the devel- oper on the final plan for this development. In answer to Councilman $altarellics questionst Mr. Fleagle advised that, by Building Code requirements, there must be clear access for firefighting purposes, which requires a 60-foot sideyard on all perimeters to gain open and unobstructed access. It will be nec- essary for Koll-Borchard to file a revised parcel map to show an easement on the sideyard Of 60 feet Of open space. The company is well aware of this. In answer to Mayor Langley's questions regarding signing for the multi-tenant buildings facing Red Hill, Mr. Fleagle advised that by the Sign Code the City would authorize one center identifica- tion sign on each select system street frontage to identify the Koll-Borchard Industrial Park--a monument ~sign a maximum of six feet above grade or four feet above a planter or landscape mound. In addition, there would be a business identification sign for each tenant within the complex, which would be limited to 32 square feet per face and would have to be a monument sign or a wall sign. In answer to Councilman Saltarelli's questions, Mr. Fleagle advised that all interior streets will be private streets, to be maintained by the developer, Koll-Borchard. The complex will be served by the Tustin Water Works, and sprinkler systems will be included in the industrial buildings. Moved by Saltarelli, seconded by Sharp, that Council approve the revised concept of the Koll~Borchard Industrial Complex, subject to the satisfaction of items of Concern and approval of design for the Celanese parcel, with further stipulation that the pro- posed mini-warehouseS be subject to detailed review and approval by the Planning Commission; and, if for any reason the staff has difficulty in accomplishing previously stated objectives of the Council, the revised concept is to be brought back for Council consideration. Carried. Ayes: Langley, Edgar, Saltarelli, Sharp, Welsh. Noes: none. Absent: none. 4. CONFIRMATION OF WEED ABATEMENT CHARGES Moved by Saltarelli, secondedby Welsh, that all weed abatement charges for the fiscal year 1973-74, as specified below, be con- firmed: Parcel No. 402-151-04 $ 31.05 395-301-05 38.81 432-221-21 214.48 062-251-09 31.05 ~ Carried. [ XII. OTHER BUSINESS 1. SIDINGS - KATHRYN SPUR AND HARVARD ROAD Mr. Fleagle recommended that, if the Council wished to favorably consider the proposal submitted by the Santa Fe Railway by letter dated June 14, 1974, they direct the proposal to the Planning Com- mission for an advertised public hearing for the purpose of amend- ing Ordinance No. 611. The proposal consisted of an offer to remove the Kathryn Spur sidings (near Tustin Meadows) and the Harvard Road City Council Minutes 7/15/74 Page 6 sidings (Irvine) and relocate them adjacent to the new Irvine Industrial Complex location, in exchange for deletion of Para- graph 6 of Ordinance No. 611, imposing operating restrictions on the company. In answer to Mayor Langley's question, Mr. Fleagle advised that he had not received any response from the Irvine Industrial Com- plex although they had been notified. Mr. Fleagle replied to Councilman Edgar regarding the location and routes of the spur lines, and stated his opinion that it would be more desirable to eliminate the Venta (Irvine) spur. Regarding suggested use of the present Myford Road freeway underpass for a railroad line once the Myford Road interchange is reloCated, Mr. Fleagle stated that there would be a considerable amount of engineering required, permits for crossing or building under a free- way, flood control sessions,~ etc., and such a proposal would prob- ably take a number'of years before it could be negotiated. Mr. Rourke*advised Council thatthe-City's control over the rail- road is limited to uses permitted on property as approved by the City. He stated that,the City could have a~lot of problems if it tried ~o impose some City regulations or ordinances directly on the railroad as to when they could operate. It has been under the jurisdiction of the State Public Utilities Commission to con- trol time and place of railroad operations. Councilman Edgar expressed concern about protecting residents from excessive noise fr6m the railroad operations, and suggested that the railroad be given the opportunity to offer alternatives to the safeguards provided by Paragraph 6 of Ordinance No. 611. Councilman Welsh agreed. Moved by Saltaretli, seconded by Sharp, that the matter of the Mathryn and Venta (Irvine) Spur lines be continued to the next regularly s~heduledmeeting and that the staff be directed to contact the Santa Fe Railroad, Irvine Company, and the Irvine IndustrialComplex to negotiate an agreement that will be satis- factory to' all parties. Carried. FINAL REPORT AND FINAL ACCOUNTING - YORBA STREET AHFP PROJECT NO. 723 Moved by Saltarelli, seconded by Sharp, that the report and final accounting on the Yorba Street AHFP Project No. 723 be received and filed. Carried. 3. DIAL-A-RIDE BUS SYSTEM Mr. Blankenship reported that the 'Orange County Transit District had indicated that implamentation of dial-a-ride bus operations in the Tustin area is scheduled for July 1975. He recommended that the Council ~ive some thoUght'to whether the rate structure (50¢ per trip) would be satisfactory, and whether the City should be dependent upon that method of bus service. 4. UTT-MITCHELL PARK CONTRACT In answer to~CouncilmanEdgar's questions, Mr. Blankenship advised that contract documents had been received from Share- croppers, Inc.; however, bonding was not with an acceptable firm and documents had bee~ returned for proper bonding. There will be a delay pending their return. City Council Minutes 7/15/74 Page 7 5. FINAL TRACT 7794 - U. S. DEVELOPMENT CORPORATION Mr. Fleagle advised that this tract was the last of the patio homes, the City Attorney had certified the Final Tract Map, and the final map is in substantial conformance with the tentative tract map. In answer to questioning, Mr. Fleagle advised that a bond had been posted to guarantee the replacement of the fence on the present tract and the previous tract as well~ the house and park will most likely be built in the last stage of development; and all homes are sold in the surrounding area. Councilman Saltar~lli requested that the building of the park and house, landscaping on the final lot, and a bus stop, per previous agreement, be conditions of approval of this tract. Moved by Saltarelli, seconded by Sharp, that Council approve Final Tract Map 7794 subject to the recommendation of the Planning Com- mission as contained in Resolution No. 1392. Carried. 6. TUSTIN UNIFIED SCHOOL DISTRICT CORRESPONDENCE a. Feasibility Stud~--Combined Corporation YardIFacilities Mr. Btankenship advised, in answer to Council's questions, that the staff will develop a suitable plan of action to determine the feasibility of constructing a joint City- School District corporation yard on Red Hill, and return to Council at the next meeting with a recommendation. b. Cormmunity Service Tax Funds The Council directed that information be obtained from the School District as to net cost of operating programs funded by the Community Services Tax. Mr. Langley requested that Mr. Blankenship inquire about the maintenance of Curtie and Thorman Schools' landscaping, with special reference to weeds. 7. CITY-COUNTY HEALTH SERVICES AGREEMENT Mr. Rourke referred to the Orange County Health Department's correspondence of July 2, 1974, and recommended that Council authorize an interim agreement with the County Health Department for the balance of 1974 for Health Department services including vector control, pending assumption of vector control activities by the Mosquito Abatement District. Moved by Saltarelli, seconded by Edgar, that the Mayor and City Clerk be authorized to execute an agreement with the County Health Officer for a six-month period for enforcement of the City health ordinances. Carried. 8. TRAFFIC COMMISSION Mr. Rourke advised the Council that the draft ordinance creating a City Traffic Commission has been 'prepared for submittal to vari- ous departments for their review and will be ready for Council at the next regularly scheduled meeting. 9. TRASH PICKUP - CONDOMINIUMS In answer to questions, Mr. Blankenship advised that he and Mr. Rourke had reached an agreement with Holthe Disposal Service with regard to trash pickup in condominiums and that Council action would not be required with reference to this matter. He advised that in any new condominium developments or conversions, subject to Planning Commission determination, there would be provisions for trash pickup included in the CC&Rs. City Council Minutes 7/15/74 Page 8 10. PARKS AND RECREATION COMMISSION, VACANCIES After somediscussion,!the Council determined that the membership of the Parks and ReCreation Commission would remain at seven members, and requested that the two openings on the Commission be advertised by the press. 11. SUMMER BEACH BUS PROGRAM In answer to Councilman Welsh's,questions,~Mr. Marchet~i, Parks and RecreatiOn Director, advised that participation in the bus program is 34% above las~ year's. However, the drivers of the buses were experiencing disciplinary problems among some of the passengers. CounCil directed that Chief Kelly look into the possibility of having~a police officer or explorer stationed on the bus to maintain order. 12. PLANNING COMMISSION ANNUAL REPORT Councilman Welsh complimented the Planning Con~nission and Com- munityDevelopment Department for-an excellent, detailed 1973 annual report. Moved byWelsh, seconded byEd~ar, that the 1973 Annual Report of the Planning Commission and Community Development Department be received and filed. Carried, 13. PROPOSITION 1 - PARKS In answer to Councilman Edgar's questions, Mr. Fleagle advised that the staff of the Community D~velopment and Recreation Departments are working with forms for Council certification for funds for park development under Proposition 1 bond funds, and will be presenting them to the Council for action. Councilman Edgar ~requestedthat staff eXplore ~he possibility of part of the funds being used for early developmen~ of .the Prospect- Irvine Park, rather than entirely for Peters Canyon. 14. GRAPH OF CASH FLOW Councilman Edgar expressed concern about the~mall reserve in the City's Budget, and suggested that, to facilitate visibility to the Council~a cash flow pre~sentation~of some kind be developed. Mr. Blankenship advised that a graph could beprepared showing fund balances with a net total income and expenses for each month. 15. TEN'YEAR BUDGET PLAN Councilman Edgar expressed his concern that the capital budget is compiled only a few months before commitments are made by the City, and proposed that in July, 1975, when the new budget is adopted, it should be in the context of the first year increment of a'ten-year plan. He proposed that the plan include an addendum of items being deferred beyond theten-year period for lack of funds. Me also proposed that Commissions and staff begin working towards the ten-year plan~ and that a joint meeting be set for September 30. A document that represents the consensus of the staff and Commissions should be presented at that time. Elements in this plaN should be as follows: Traffic Commission -Signal lights and arterial collector streets. Parks & Recreation Commission - Parks, bicycle trails, center islands, rec- reational buildings and facilities. City Council Minutes 7/15/74 Page 9 Planning Commission - All other items, including sewers, streets other than arterials, underground utilities, ~ , lighting~ districts , sidewalks, - railroad Crossings, StructUres such as the Corpora- tion Yard. Another element would be individual recommendations from staff as to the capital expenditures needed to make their jobs more effi- cient. The only way to maintain low tax rates and good services is to have good equipment so that excessive manual labor will not be required. Each of the responsible people are to create a document that would go into one large document that will be read by all involved before the September 30th meeting, and each Commission list items they feel are appropriate, with very approximate dollar allocations. At that meeting, Council, staff and Commissions can start on a refining process selecting alternatives, ordering priorities, and then continuing with other meetings, with the goal in mind that by July, 1975, they will have a ten-year plan with the first year deliberately being a part of that cormnitment. Councilman Sharp recommended that this long range plan be inter- faced with the City of Tustin's Growth Plan, with a continual process of yearly updating. Mayor Langley directed Mr. Blankenship to initiate action for the workshop of September 30, 1974. 16. LIGHTING OF RECREATIONAL FACILITIES Moved by Sharp, seconded by Welsh, that staff be directed to con- tinue to explore the possibilities of a joint venture with the Tustin Unified School District for lighting for recreational facilities in the schools, and of lighting baseball and other recreational areas in Peppertree and other City Parks; and that staff prepare a status report for the Council within a month. Carried. 17. PACIFIC STREET Councilman Saltarelli requested staff to monitor the speed and traffic flow on Pacific Street between First and Main, to deter- mine the effect of the new traffic light at First and Pacific on the traffic patterns in that area. 18. COUNTY CONTRIBUTION FOR RECREATIONAL FACILITIES Councilman Saltarelli voiced opposition to spending money for facilities for those residents outside of the incorporated limits of Tustin. He directed staff to pursue County participation in funding as many projects as possible, such as Prospect-Irvine Park, tennis facilities, lighting, baseball diamonds, or anything of a recreational nature, particularly in areas of the City where facilities would be used primarily by County residents. He felt the City should expect a major contribution from the County for Prospect-Irvine Park. 19. TUSTIN MEADOWS FOURTH OF JULY PARADE Mayor Langley complimented various City departments for their participation in the Tustin Meadows Fourth of July Parade. City Council Minutes 7/15/74 Page 10 XIII. ADJOURNMENT Mayor Langley adjourned the meeting to an Executive Session then to the next regularly scheduled meeting of August 5, 1974, at 7:30 p.m. (9:35 p.m.) MAYOR '~ITY CLERK