Loading...
HomeMy WebLinkAboutCC MINUTES 1973 04 02 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL April 2, 1973 CALL TO ORDER The meeting was called to order at 7:32 p.m. by Mayor Miller. II. PLEDGE OF ALLEGIANCE Led by Councilman Saltarelli. -- III. INVOCATION · Led by Mayor Miller. IV. ROLL CALL Present: Councilmen: Miller, Saltarelli, Langley, Welsh, Woodruff. Absent: Councilmen: None. Others present: Assistant City Administrator Dan Blankenship Assistant City Administrator-Comm. Devet. Ken Fleagle City Attorney James Rourke City Clerk Ruth Poe PUBLIC HEARINGS 1. REVISED LAND USE ELEMENT OF THE GENERAL PLAN ~. Section 65860 of the Government Code requires that the Zoning Ordinance and General Plan be consistent by June 30, 1973. The Tustin Area .. General Plan was adopted in 1966 and has been subsequently unilaterally amended by both the City and the County of Orange. The text and map of the Land Use Element are an attempt to recognize the existing develop- ments which are probable of continued use within the predictable future and to give guid&lines for future development of undevel- Oped areas. Mr. Fleagle stated that the Planning Commission con- ducted public hearings on the Land Use Element on F~bruary 26 and March 12, 1973, and recommended adoption of the Land Use Element text an~ map by Resolution No. 1325. Mr. Fleagle also discussed some areas whose recommended classifications were disputed during these hearings: the parcel bounded by Irvine, Holt and First, designated as Planned Community (Professional-Commercial) with the intent that it be developed as a professional office com- plex with related commercial activities authorized; undeveloped properties bounded by Main, Newport, E1 Camino Real and Laguna, recommended as Planned Com- munity to authorize integrated land uses of commer- cial, professional and residential in accordance with a specific plan, subject to Planning Commission and City Council approval; arid property bounded by the Santa Ana Freeway on the north, Santa Fe Railrcad On the south, proposed Jamboree Road on the west and Myford corridor on the east, (now classified medium density residential with eight acres designated as a neighborhood shopping center, and 24 acres unclas- sified), recommended that the residential area be classified as industrial with the retention of the neighborhood commercial plus a regional shopping area to be located at the interchange of the Santa Ana Freeway and Jamboree. This proposal has the par- tial concurrence of the property owner. City Council Minutes 4/2/73 Page 2 In reply to questioning by Councilman Woodruff, Mr. Fleagle stated that no area is designated for multi- family development except those already developed in multi-family or so authorized by present zoning --with the exception of property on Newport Avenue near La Colina which was recently rezoned for multiple by the County. There were areas shown on the 1966 Tustin Area General Plan shown as unclassified, bounded by M~in Street, Irvine Boulevard, the Freeway~ and Newport, that have been specified as single- family residential. There is no "down-zohing" per se in the City or unincorporated area. Undeveloped properties in multi-family zoning are at Pasadena and the Newport Freeway; between Yorba and Prospect on the south side of 17th Street, next to Hester Develop- ment project; and at Red Hill and Walnut (about four acres of R-4), currently developed with a single- family structure. Mayor Miller commented on the need for better visual material on this for the benefit of both the City Council and the public, and suggested continuance of this item, following public testimony, to a date when adequate visual material would be available. Councilman Saltarelli agreed, and requested amendment of Section VI, Area of Land Use Allocations, (page 10) to reflect statistics under "Use Category", etc., only for units within the City itself. Mayor Miller opened the public portion of ~he hearing at 7:50 p.m. ~.~. John Prescott, 18752 East 17th Street, Santa ~na, stated that his property south of Main Street, west of Newport Avenue, was annexed to the City in 1958 with the understanding that the property would be zoned C-2-P, which permits wholesale business with adequate and proper parking; he felt that the Develop- ment Preview Commission review and provisions of the E1 Camino Real Specific Plan provide adequate control in this regard. He was reluctant to assume the burden associated with Planned Community negotiations on the property, and did not feel that such a designa- tion was necessary or in the public interest. Com- menting on behalf of Tustin Mortuary,,Inc., fronting on Main Street, Mr. Prescott stated thatr had the PC zoning been applied to that property in 1962, the mortuary would not be located there now; its use there should be continued, and as the need for expansion occursF this should be accomplished with design review by the Development Preview Commission, and should not be a matter of public forum. In the absence of a spokesman from State Mutual Savings and Loan, Mr. Prescott spoke as a Director of Far West Financial, the holding company which owns State Mutual, noting that the land use map was somewhat different than at the Planning Commission meeting with respect to property west of the State Mutual office on First Street; it was'desired that C-i zoning be ~retained on the property, although it is now shown as PC. Mr. Donald Osen, of Don Osen Realtors, 1626 East 17th Street, Santa Ana, addressed the Council 'regarding his properky--three odd-shaped parcels--on the east side of Newport Avenue, north of La Colina, adjacent to the northerly boundary of property recently City Council Mimutes 4/2/73 ~'~3~ 3 rezoned to multiple by the County. He stated that this would be a natural extension of. multiple zoning, and R-1 would not be the best use of the property, and requested that the Council so designate the property in the Land Use Element. There being no further comments or objections, Mayor Miller closed the public portion of the hearing. Mr. Woodruff commented that deferral of this matter beyond April 5, 1973, would necessitate filing an .Environmental Impact Report, according to State law. Mr. Rourke confirmed this. Replying to COuncilman Woodruff, Mr. Fleagl~ stated that it would cost $3,000 to do an E.I.R. on a General Plan Land Use Element. Mayor Miller stated that since this Element almost constitutes a precise zoning plan, there are several areas which should have more consideration: a. Proposed zone change easterly of Jamboree with the requested shopping center. There has been no opportunity to discuss this with the land owner. b. Downtown area. It is not clear from materials presented just what is proposed for this area; "blow-ups" of various sections are needed. ~ Councilman Welsh stated that he was concerned with the old Tustin area and asked for clarification of the intent of Paragraph B under Assumptions, on page six of the Land Use Element text. Mr. Fleagle explained that in the older town center area, there are a large number of absent owners who do not maintain their residential properties, with the intent that the City will grant multiple zoning just to ge~ the deteriorating structures torn down. This pressure may be reduced only by requiring property maintenance. Mayor Miller suggested that an ordinance be drawn aimed at absentee landlords, if possible, and not applying to resident owners. Councilman Welsh questioned whether such selective legislation would hold up in court. He was also concerned about reclassification of the Prescott property. Councilman Saltarelli discussed the original intent and purposes of the establishment of Planned Community zones, and this designation has not resulted in the kind of developments for which it was proposed; in some cases, such as the property bounded by E1 Camino Real and Sixth, such zoning is inappropriate. He stated that C-2 at that location is appropriate. In the Irvine Boulevard professional area, putting a Planned Community zone on property bounded by Holt, First, and Irvine, as a combination'of Professional and Commercial, will not result in the best possible development. Regarding R-4 zoning at Red Hill and Walnut, Mr. Saltarelli stated that a good R-4 devel- opment at that locati6n is not feasible in view of existing traffic problems; R-1 would be best, but might also be difficult. He suggested that profes- sional or professional-commercial might be appropriate here, Mr. Saltarelli added that he was not prepared City Council Minutes 4/2/73 Page 4 to act on the basis of this Element establishing the final, binding zoning on all properties in the City. He felt that the Land Use Element, due to concerns about certain individual properties, merits more consideration than the type of broad General Plan developed in the past. Councilman Langley stated that commitments made by the City in the past s~ould be considered strongly, such as with Mr. Prescott's property and the funeral home on Main Street. He was also concerned about the property at Red Hill and Walnut, and the possible overdevelopment of professional facilities in the City, as evidenced by vacancies existing along Irvine Boulevard and in other cities. He preferred debating the issues at this time rather than continuing this item. Councilman Woodruff supported single-family zoning for land north of the. Santa Ana Freeway as being in conformance with the City's desires, and industrial zoning in the southeast area of the City because it will afford an excellent tax base as it attracts high-quality industry due to freeway access. He said that with regard to professional buildings on First and on Irvine, while commercial offers some advantage by sales tax revenues, he has no objection to professional; economic dictates determine whether professional will be developed. Professional offices are continually being built along Irvine Boulevard, and the investors must know what they'~e doing. He favored flexibility in this. He was opposed to any further multiple developments, and stated that multiple at the corner of Red Hill and Walnut was inappropriate; R-1 or professional offices would be better. He felt that PC zoning on Mr. Prescott's property is not really a breach of faith; C-2 uses would still be permitted, and while PC may have been inappropriately used in the past, it might be attractive in the town center to encourage retail and service businesses in that area, particularly since heavy C-2 development would not be compatible with these other types of small businesses. While he also expressed disappointment in the graphics presented, and considered the request for continuance 'a fair one, Mr. Woodruff was opposed to additional cost or time delay which continuance would cause. Mayor Miller commented on t.he following specific areas in the Land Use Element document: a. Paragraph D under Assumptions (page 7). Dis- cussion of a potential regional shopping center should be positive in tone or style, rather than negative. b. Paragraph E under Assumptions (page 7). Narrow viewpoint expressed; high-quality industrial, residential, and commercial developments con- tribute greatly to the economic.base and reputa- tion of the community, not just professional offices. c. Paragraph G under Assumptions (page 7)~ The Mayor felt that rapid transit accommodations could have some significant effect on/the char- acter of the community, if, for example, a station were to be located in the City. With respect to the old town center area, permitted C~ I'7 Council Minutes 4/2/73 Page 5 land uses should include craft-type industries, suoh as small sheet metal shop, etc., or ~omething less than manufacturing, as these are compatible and would make the downtown area more interesting- Mr. Fleagle confirmed that under the Classification ._ of Uses, individual proprietor manufacturing, such · as furniture refinishing, tinsmith, etc., are not included as encouraged and protected activities; there is a question of where such ~ses b~long--in the heart of the town center or in the fringe area. There is one provision for this in the Planned Industrial (Foster Complex) area. Most of those in existence in the town center are non-conforming USES. MaTor Miller asked that'this Element accommodate these uses and not label them non-conforming- Mr. Fleagle stated that the Planned Community will give the a~ea bounded by Main, Newport, Laguna, and E1 Camino Real the freedom to develop with such uses; there would be flexibility, with control- MaTor Miller stated that the PC zone on the Thrifti- mart property on Holt and Irvine would have a depressing effect on the possibilities of a good commercial use, although this is not the intent. Mr. Fleagle stated that representatives of Thrifti- mart have i'ndicated that they have. no intention of " developing that property for at least 11 years, as their market analysis indicates this property will not support a commercial development at this time. They will retain the property until they reach a price without actively marketing it or until their tax'assessment equals their value of it. The Planned Con~nunity would only require that whatever is devel- oped will be. developed in accordance with a master plan rather than on an individual parcel basis. 'Mayor Miller postponed further discussion of this item to later in the meeting, as well as considera- tion of Public Hearing No. 2. For the convenience oK those in the audience, the public Concerns section of the Agenda was taken up next. PUBLIC CONCERNS 1. PEPPER TREES. Mrs. Bonnie Bath, 240'South prospect, Tustin, stated that the City is losing its historical landmarks, and the pepper trees in peppertree Park are among the very few landmarks left in Tustin. Because of " this and because of youth's interest in preserving their heritage, Mrs. Bath appealed to the Council to change their decision (to realign "B" Street) and save the pepper trees. Miss Kim Smith, 12591 Woodl.awn, Tustin, presented to the Council a petition by youth in the co~nunity, protesting the Council's decision which would result in destroying the pepper trees. She stated that the trees are attractive, healthy, are the source of the Park's name, are among the finest examples of this species of tree, and their loss would greatly out- weigh any traffic benefits resulting from realignment- City Council Minutes 4/2/73 Page 6 Miss Lorctla Kuras, 14141 Del Amo, Tustin, urged the Council to save the pepper trees for posterity, for the future citizens of Tustin. Mr. Richard Edgar, 13622 Loretta Drive, Tustinw Member of the Tustin Parks and Recreation Commission, stated that the trees are not in conflict with the development of First Street, and that realignment of "B" Street is inappropriate. The Parks and Recreation Commission was unanimously in favor of saving these trees, and professional tree exp~rts have said that the trees are healthy and have years of life in them. Replying to Councilman Woodruff, Mr. Edgar stated that there were three alternatives originally. developed for the widening of First Street, and alternative "A" showed the two pepper trees in a~ island. Councilman Woodruff noted that this alternative would have require~ removal of the row of ca/nphor trees on the west side of "B" Street--which trees are twice as large, possibly twice as old, as the pepper trees, and more attractive- In response to the Mayor's' request for a show of hands of those in support of the speakers, approxi- mately 30 to 35 persons in the audience raised their hands- Councilman Sal~arelli stated that he could not support saving the northernmost pepper tre~ because it would affect the First Street widening project; but the southerly pepper tree could be saved by not rea!igning "B" Street, and he was willing to con- sider that possibility° Replying to Councilmen's questions, Mr. BlankenshiR stated that the present planning for the south curb of First Street would intersect the tree about six to twelve inches inside the north edge of the tree. Even if the curb could be built wi-thin a few feet of the tree, the roots would still have to be cut, endangering the life of the tree. Mayor Miller suggested that by making each of the travel lanes about two inches narrower, and swinging the street out on a straight line a distance 12 to 18 inches from "C" to "B" Street, and doing the same from "B" Street westerly, would save the tree (though not the root ball)~ and the percentage of difference in alignment could not be de'tected by the human eye. Also, there's no projection indicating that there is now or will be in the future any sig- ~ificant amount of traffic on "B" Street to warrant realignment- Mayor Miller added that Mr. Don Meadows, a prominent Orange County historian, has presented a letter dis- cussing the historic value of these trees. Moved by Saltare!li, seconded by Woodruff that the ~decision to realign "B" Street be reconsidered, for purposes of discussion. Mayor Miller elaborated on his proposed method of aligning Ehe street to malntain the northernmost pepper tree, as outlined above. 4/2/73 Page 7 Movcd bz ~ Woodruff, seconded by Welsh that the staff be directed to terminate the current plans for the realignment of "B" Street and the pepper trees not be removed, subject to the expressed condition that 'there be no delay causedto the approved AHFP First · Street widening project.. Councilman Woodruff requested further staff comment on whether the City has to go ahead with "B" Street, but under no circumstances was he willing to miss the current AHFP First Street project, as the City is committed too deeply. The intent of the motion is that if the project can go ahead only by removmng that tree, the tree must come out. "Councilman Saltarelli agreed. Replying to the Mayor, Mr. Blankenship stated that the County Road Department and the City of Tustin are the only agencies involved with the First Street plans. All the detailed engineering drawings have been completed, a design report has gone to the County encompassing 3ust exactly what is to be done in the project, for the County's review. Between now and June 30, there has to be agreement on the design concept and engineering plans, finalization of plans, and going out to bid, or the City is in danger of losing two years' accumulation of AHFP monies, representing about $220,000. Mayor Miller requested that the staff contact the County and find out where the problems-are in this regard, and so notify the Council. The staff was also directed to determine the names of the AHFP Committee members and prepare a letter to the Com- mittee for the Mayor's signature, explaining the problem and requesting Committee support to prevent · loss of funding due to possible delay. Above motion carried unanimously. RECESS Ma~or Miller called a recess at 9:00 p.m. The meeting reconvened at 9:15 p.m. PUBLIC HEARINGS 1. REVISED LAND USE ELEMENT OF THE GENERAL PLAN (Continued) (Continued from earlier in the meeting). The Council discussed the following specific areas of concern: a. Property bounded by Irvine, Holt and First. It was the consensus of the Council that this property be designated Planned Community (Pro- fessional-Commercial), as recommended by the Planning Commission. . b. Property on east side of Newport Avenue, north of ~a Colina (County)~ It was the consensus of the Council that all property on the east side of Newport north of La Colina remain ~n single-family classification by land use, as in the original Tustin Area General Plan. c. Property bounded by Main, Newport, Laguna, ~nd E1 Camino Real. It was the desire of a majority of the Council that this property remain in C-2 zonmng', on the basis of the City's commitment at the time of annexation of this property to the City. City Council Minutes 4/2/73 page 8 the northeast corner of Red Hill _ . lnut and Wa ~. Ma~ stated that the City also made a commit- {nent to Mr. Nisson, owner of this propertY, at the time of annexation- . ' su ested that perhaps the Councilman Saltare~l.~lniR 4ggwith the possibility of ' ~ remain ' , zoning further discussion at the time of a future develoP' ment; Mr. Nisson has said that he intends to live there for some time, but would not mind commercial development- He felt that there is a viable alter- native, and this should be expressed to Mr. Nisson- Mayor Miller agreed, and stated that a portion of ~he ~ lends itself to R-1. R-4 would be detrimental to neighbors, but a mixture of uses might be beneficial- Councilman Woodruff stated that if the Council ~n~ight for this location, they should face the issue now, and not wait until a plan for R-4 development has been submitted. This situation does not parallel that of Mr. prescott because Mr. Nisson has already sold part of his land for development of a tract of homes. Mr. Woodruff favored a professional us.e, which would be compatible with surrounding R-1. He thought that if Mr. Nisson came up with a good commercial plan, he could request a zone change; the General plan is not binding- ~~ suggested making the property planned to maintain flexibilitY, and indicate professional)- He stated that if the Council the character of it (professional, or Commercial- does not want multi-familY on the whole parce , the Council will have to change it to soxme other use, such as R-l;' if it can't be developed in R-l, the owner has the ODtiOn Of requesting a zone change, which would require a General Plan amendment for that parcel. Mayor Miller agreed, stating that it should be aa ~-1 in the General plan, and then the ~ applicant to show some other burden is with the compatible use that doesn't increase the densitY- The ma3°rity of the Council agreed that the property should be classified R-1. d. propert~asterlY of jamboree. Council discussed proposed land use designation for property bounded by the Santa Ana FreewaY on the north, Santa Fe Railroad tracks on the south, pro- posed jamboree Road on the west, and Myford corrid0 on the east- Mayor Miller stated that Mr. Dick Reese, Vice presi- ~an~ing, the Irvine CompanY, had advised him that afternoon that it was hoped that the Council would approve the industrial zone as proposed, but had reservations about their ability to develop the industrial zone if a major retail center were ].ocated at jamboree and the Freeway- Their ~ntent is to start development from that corner southerlY, due to '- City Council Minutes 4/2/73 ~,,~c ~ its frce~ay visibility. They feel there Is a poten- tial for commercial-industrial (offices, restaurants, e~c.) there which would enhance their possibilitzes "' for speeding up development of the industrial proper- ties. They would like to have a workshop with the Council on this. ... It,was the feeling of some of the Council members that 24 acres is much too small for a regional shop- ping center, and Mayor Miller added that the Economic Base and'Market Demand Analysis for the City, devel- oped by Development Research Associates in 1969, asserted that the location of Tustin as related to other regional centers would preclude Tustin's attracting such a center. Mr. Fleagle noted that at the time of that study, there was no population projected easterly of Browning. There is going to be a market area to serve this population; if the land area is designated for commercial development, it can develop either to serve the industrial, or to serve the larger m~rket area, depending on the property owner's market projections. It was the consensus of the Council that the location at the intersection of Jamboree and the Santa Ana Freeway be designated commercial. Mr. Hardy M. Strozier, Planning Administrator, the Irvine Company, 550 Newport Center Drive, Newport Beach, stated that his company is currently in the process of reviewing their General Plan in this area, and that planners have not yet reached a final site evaluation in this area. The company is in concurrence with the proposal for industrial in the area, but has concern with closing alternatives for the northwest corner of the property by a commercial designation. Their preliminary reports indicate that a regional retail facility there will not be a viable alternativp. The Irvine Industrial Complex does intend to move ahead with Planned Community Industrial planning in that area, but they feel that a regional retail center at that corner would preclude an effect- ive implementation. It is their recommendation that zoning on that corner be of a combination commercial- industrial designation that would allow support offices and support commercial facilities if it proves feasible for this area. Mr. Fleagle explained that the Land Use Element will designate that that section' is reserved for commercial.. The Irvine Company will come back to the Planning Commission and the Council with precise development plans, and they will show the exact location and extent of commercial development at that site, based on their market analysis. The Council'reaffirmed that the parcel at the inter- change of the Santa Ana Freeway and Jamboree would be designated commercial. The Council concurred in the Mayor's suggested wording changes for the following sections, as stated earlier in the meeting (see page 4): Assumptions.. Paragraphs D and E (page 7 of Land Use Element text). Mr. Fleagle stated, in reply to questioning, that State Mutual Savings and Loan has agreed to the City Council Minutes 4/2/73 Page 10 designation as shown (planned Con~nunity) for property on the north side of First Etreet, westerly of Fashion Lane~ The Council concurred in this designation- Moved by Welsh, seconded by Saltarelli that the Revised Land Use Element of the Tustin Area Ge~'eral. Plan be approved as amended, and directed the Cit~. Attorney to prepare the' necessary ordinance, and ~he staff to prepare a revised land use map reflecting those amendments. Carrie~ unanimously- 2. ENVIRONMENTAL IMPACT REPORT GUIDELINES AND PROCEDURES. AB 889 requires cities, by April 5, 1973, to adopt Environmental Impact Report Guidelines consistent with the Guidelines propagated by the Secretary of the Public Resources Agency° Mr. Fleagle explained that guidelines have been pre- pared by staff, and a public hearing was conducted by the Planning Co~lssion on March 12, 1973. The Commission, by minute order, recommended Council adoption of the proposed guidelines. The procedures for implementation of the EIR Guidelines are recom- mended for adoption by Resolution to facilitate amendments as experience is gained in the processing of applications- Mayor Miller opened the public portion'of the he~ring at 9:50 p.m. There being no comments or objections, he closed the public portion of the hearing. RESOLUTION NO. 73-24 A Resolution of the City Council of the City of Tustin, California, ADOPTING ENVIRONMENTAL IMPACT REPORT GUIDELINES AND PROCEDURES Moved by Woodruff, seconded by Saltarelli that Resolution No. 73-24 be read by title only. Carrie~ unanimously- Resolution Noo 73-24 was read by title onl~o Moved by Welsh, seconded by Saltarelli that Resolu~ tion No. 73-24 be passed and adopted. Carried. Ayes: Miller, Saltarelli, Langley, Welsh, Woodruffo Noes: none. Absent: none. RESOLUTION NO. 73-22 A Resolution of the City Council of the City of Tustin, ESTABLISHING FEES AND PROCEDURES FOR PROCESSING ENVIRONMENTAL IMPACT REPORTS. Moved by Woodruff, seconded b~ Langley that Resolu- tion No. 73-22 be read b~ title only. Carried unanimously. The secretary read Resolution No. 73-22 b~ title. Moved by Woodruff, seconded by Langley that Resolution No. '~-22 be oassed and adopted. Carried. Ayes: ~'i~ler, ~i'~'i~7 Langley, W~lsh, Woodruff- Noes: none. Absent: none. 4/2/73 Page 11 VII. CONSENT CALENDAR 1. APPROVAL OF MINUTES - March 19, 1973, Regular Meeting; March 20, 1973, Regular Adjourned Meeting. " 2. RATIFICATION OF DEMANDS in amount of $66,274.77. 3. AUTHORIZATION TO PURCHASE SIX 'POLICE VEHICLES. Authorization to purchase six Matadors from Bonanza/American, Inc., in the amount of $20,100, plus taxes, for police patrol and detective vehicles, as recommended. 4. RIGHT OF WAY EASEMENT DEEDS AND AGREEMENTS (First Street AHFP Project #604) Acceptance and approval of deeds and agreements, as recommended by the City Engineer. 5. DENIAL OF CLAIMS Denial of the claim of Charles English and the claim of Clara L. Braeger, as recommended by the City Attorney. Moved by Welsh, seconded by Langley that all items on the Consent Calendar be approved. Carried unani- mously. VIII. ORDINANCES FOR ADOPTIQN 1. ORDINANCE NO. 574 An Ordinance of the City of Tustin, California, REZONING PROPERTY OF HARRIET O. ENDERLE ON APPLICATION NO. Z.C. 73-1. Changing zone from R-1 to Professional District for property located on the westerly side of Yorba Street and approximately 727 feet south of Seventeenth Street. 2. ORDINANCE NO. 575 An Ordinance of the City of Tustin, California, REZONING PROPERTY OF HERBERT ZAREMBER ON APPLI- CATION NO. Z.C. 73-2. Zone change from PC-R-3 (1750) District to the R-3 (1750) District. Site fronts 100 feet on the west side of Williams Street at the inter- section of Alliance, immediately adjacent to Heideman Elementary School, known as 15625 Williams. 3. ORDINANCE NO. 576 An Ordinance of the City of Tustin, California, REZONING PROPERTY OF THE CITY OF TUSTIN, ON APPLICATION NO. Z.C. 73-3. Rezoning property from the R-1 to the P & I District to establish a neighborhood park on a 4.2 acre parcel at the southwesterly intersection of Red Hill and Bryan. /?~ City Council Minutes 4/2/73 Page 12 4. ORDINANCE NO. 577 An Ordinance of the City of Tustin, California, AMENDING ORDINANCE NO. 438, AND ESTABLISHING PERIODS DURING WHICH NON-CONFORMING OFF-PREMISE SIGNS MAY BE MAINTAINED, AND PROVIDING FOR THEIR REMOVAL THEREAFTER. 5. ORDINANCE NO. 578 An Ordinance of the City of Tustin, California, AMENDING THE TUSTIN CITY CODE RELATIVE TO THE TAXATION OF PUBLIC UTILITIES. Mayor Miller ~equested that Ordinance No. 574 be taken up separately. Moved by Welsh, seconded by Woodruff that Ordinances 575, 576, 577, and 578 have second ~'eading by title only. Carried unanimously. The secretary read Ordinances 575,576, 577 and 578 by title. Moved by Welsh, seconded b~-'Saltarelli that Ordinances 575, 576,577 and 578 be adopted. Carried. Ayes: Miller, Saltare!li, Langley, Welsh, Woodruff. Noes: none. Absent: none. Moved by Miller', seconded by Saltarel!i that Ord- inance No. 574 have second reading by title only. Carried unanimously. The secretary read Ordinance No. 574 by title. Moved by Welsh, seconded by Woodruff that Ordinance No. 574 be adopted. Carried. Ayes: Saitarelli, Langley, Welsh, Wo'odruff. Noes: Miller. Absent: none. IX. ORDINANCES FOR INTRODUCTION 1. ORDINANCE NO. 580 An Ordinance of the City of Tustin, California, PREZONING PROPERTY OF ROY DALY ON APPLICATION NO. P.Z. 73-1 FILED BY THE PLANNING COMMISSION ON ITS OWN MOTION.. Prezoning property consisting of approximately 414 acres with a frontage of approximately 230 feet on the northeasterly side of Mitchell Avenue, and located approximately 1,092 feet southeasterly from the centerline of Red Hill Avenue, from Orange County R-4 District to the City R-3 (1,900) District, subject to annexation to the City. 2. ORDINANCE NO. 581 An Ordinance of the City of Tustin, State of California, ADDING CHAPTER 25 TO THE TUSTIN CITY CODE, RELATIVE TO CABLE TELEVISION SYSTEMS° Moved by Miller, seconded by Langley that Ordinances 580 and 581 have first reading by title onlyl Carried unanimously. 4/2/73 Page 13 fhe secretary r~ad Ordinances. 580 and 581 by title. Mr. Fleagle explained, in reply to Council's questions, that Ordinance 581 is based on the model ordinance provided by the League of California Cities, adapted to the City of Tustin, for establishing a franchise procedure for cable television. The intent of the ordinance is to allow the City flexibility in the granting of franchises, by allowing the City to accept the cable T.V. franchise proposal'and award a non-exclusive franchise to serve the City and specify the standards a company must meet to serve the City. ~~ Community Cablevision in Irvine is interested in obtaining a franchise to serve the new tracts easterly of Browning, and is ready to lay the cable. Fir. Fleagle stated that he advised them to wait until they have a permit from the Council to do so. By adopting the ordinance and establishing the specifications for it, the City can control the per- mit even on a temporary basis. Councilman Woodruff requested a further staff report on the feasibility of this, citing as one of the problems a lack of control over.servic~ to County islands. X. RESOLUTIONS 1. RESOLUTION NO. 73-20 ' A Resolution of the City Council of the City of Tustin, California, DECLARING ITS INTENTION -- TO VACATE AND ABANDON A PORTION OF YORBA STREET AND FIXING A TIME AND PLACE OF PUBLIC HEARING THEREON. 2. RESOLUTION NO. 73-21 A Resolution of the City Council of the City of Tustin, California, ANNEXING TO THE CITY OF TUSTIN CERTAIN TERRITORY DESCRIBED HEREIN, AND DESIGNATED IRVINE-NEWPORT ANNEXATION NO. 78. RESOLUTION NO. 73-23 A Resolution Of the City Council of the City of Tustin, ADOPTING SITE DEVELOPMENT STANDARDS FOR RESIDENTIAL, PROFESSIONAL, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS- Upon direction by the Mayor, the secretary read Resolutions 73-20, 73-21 and 73-23 by title. Moved by Welsh, seconded by Woodruff that further reading be waived and that Resolutions 73-20, 73-21 and 73-23 be passed and adopted. Carried. Ayes: Miller, Saltarelli, Langley, W~lsh, Woodruff. Noes: none. Absent: none. ~I. OLD BUSINESS NONE. XII. NEW BUSINESS 1. XEROX CORPORATION VS. COUNTY OF ORANGE, ETC., ET AL. City Council Minutes 4/2/73 Page 14 ~4ovcd by Woodruff, and seconded, that the action of the City Attorney requesting that the County Counsel represent the Cit~'s interest relative to Xerox Corporation vs. County of Orange, etc., et al, (OCSC No. 190273) be ratified. Carried unanimously. XIII. OTHER BUSINESS 1. FIRE DISPATCHING Mr. Blankenship replied to Council's questions about problems precluding installation of an exten- sion of the headquarters station's ro~ary telephone system at Fire Station No. 2. Moved by Saltarelli, seconded by Langley that a con- tract with the City of Santa Ana to provide 24-hour fire dispatching for the City of Tustin pending completion of the SATO Communications Center~ be approved, as recommended by the City Administrator. Mayor Miller stated that he would support this motion with reluctance, stating that a fuller report is desired by the Council. Above motion carried unanimously. 2. COUNCIL VOTING DISPLAY BOARD Moved by Saltarelli, seconded by Welsh that a CouAcil Voting Display Board be purchased from the'Citlf of Fountain Valley at a cost of $150. Carried, Council- man Woodruff abstaining. .3. CHAMBER SIGN CODE REVISION COMMITTEE REPORT Councilmen Langley and Woodruff will arrange to meet with the Chamber's three-man committee to coordinate their recommendations with the desires of the City Council. 4. BRYAN AVENUE STORM DRAIN Mayor Miller commented on the Assistant City Engineer's recommendation that the City install 600 feet of storm drain adjacent to the Bryan Avenue frontage of the Red Hill-Bryan Park, at a cost to the City of about $12~000; this would be in addition to the City's share of costs of the Bryan Avenue Storm Drain between Red Hill and Browning. Mr. Miller felt that the proposal makes sense economically, but he was concerned about the amount of funds allocated by the Council at recent meetings for unbudgeted items° Councilman Woodruff agreed, and requested that the staff provide an accounting of the budget corrections to date for the 1972-73 fiscal year. Moved by Woodruff, seconded by Welsh that installation of a storm drain adjacent to the Bryan Aven~u_e frontage of the Red Hill-Bryan Park be approved at a cost o~ $12,000. Carried unanimously. 5. PUBLIC WORKS YARD Mayor Miller reported that Mr. Dickran Boranian of the Tustin Unified School District Board of Trustees has discussed with other Board members the oossibility City Council Minutes 4/2/73 tla~ - D of joint use with the City of a corporation yard, even if on a temporary basis leading to a more permanent arrangement. He recommended that dis- cussions start on this at the Board/Council level. Moved by Miller, seconded by Welsh that the Council open discussions with the Tustin Unified School District Board for joint use of a corpora~ tion yard facility. Mayor Miller also requested further investigation of use of the Prescott property north of Sixth Street, east of E1 Camino Real. Above motion carried unanimously.. 6. STREET TREE TRIMMING With the consent of the Council, Mayor Miller directed that the staff provide the Council a re- port on cost and a list of firms, relative to con- tracting with a private tree trimming company to evaluate the City's tree trimming program. 7. SANTA ANA-TUSTIN COMMUNITY HOSPITAL It was the consensus of the Council to approve the recommendation contained in the City Admini- strator's Marck 27, 1973 report, to appeal to the Secretary of State and/or the Board of Directors of' the Santa Ana Community Hospital to delete the word "Tustin" from their name, with the assistance of the City of Santa Ana. Mr. Biankenship was directed to contact the Santa Ana City Manager; Mayor Miller stated that he would contact Mayor Lorin Grise~ of Santa Ana. It was suggested that the California Highway Patrol be contacted for their opinion as to possible confusion caused by the new hospital name. 8. MEREDITH BUILDING PLANS A majority of the Council requested that modifica- tion of the Meredith building plans (17th and Prospect) be placed on the agenda of the next regular meeting for Council review. 9. RED HILL-BRYAN PARK Moved by Miller, seconded by Welsh that the Cit~ accept a $300.00 credit for unfinished Work (com- paction and backfill of the house basement) in lieu of completion of the demolition contract on {his park site. Carried unanimously. Regarding a "Future Park" sign on the park site, Mr. Blankenship reported that the Recreation Department staf'f is working on such a sign at the request of the Parks and Recreation Commission. 10. EXTENSION OF SYCAMORE Moved by Saltarelli, seconded by Welsh that Ayres. be authorized to proceed with street improvements ~or the extension of Sycamore and installation of a gate between Tustin Meadows and peppertree tlomes. Carried unanimously. City Council Minutes 4/2/73 Page 16 11. FLOOD CONTROL, PROPERTY. Moved by Woodruff, seconded by Welsh that the Mayor and City Cl~rk be authorized Co execut~ leases with'the Orange County Flood Control ~)is~. trict involving property located at prospect an,~ Beneta Way, as recommended by the Cit~ Attorney- Carried unanimously- 12. MCCALLA PROPERTY, Mr. Saltarelli reported that he had met with the McCallas the previous Thursday, and they are willing to sell the property at the adjusted appraised price. The appraiser has said that he would make a renewed' appraisal, which is estimated to be about $150,000- They have requested that they be granted a life estate on the section of the property to be retained for their living (one row of orange trees along the sides and back, and the house), that the rent be specified as part of the agreement, and that they have the option at their expense to move the house from the site to a new location if a new location were to be found. Mr. Rourke stated that the Council would have to determine~hether, leaving part of the property for the McCallas to occupy, the remainder would be useful to the City. If th~ property is not felt by the.Council to be useful at this time, then there is no logical basis for the City to pay $150,000 and then let them continue to occupy it for an unlimited number of years at a nominal rent. He did not feel that the City could pay full value for the property and let someone use it at something less than the reasonable value of the use of the property- The Council would also have to determine whether they want to enter into an agreement wherein the house and row of orange trees would be retained by the McCallas for-the life of either or both. Following further discussion, it was the consensus of the Council that the matter of a life estate be negotiated, as well as the terms of the rental of the property- 13. KIDD PROPERTY It was the consensus of the Council that the City Attorney proceed with condemnation proceedings on property on First Street owned by Jerome Kidd, as authorized by Resolution at a previous Council meeting- 14. DENIAL OF CLAIMS Moved by Woodruff, seconded by Saltarelli that the claims filed on behalf of Sheryl Ann Kazl, and on behalf of Geraldine Karp be denied. Carried. un,,nimouf~ 15. CITY ATTORNEY Mr. Rourke stated that Attorney Tully H. Seymour of Newport Beach would take over his duties as City Attorney for ~ two-week period beginniDg April 4, while Mr. Rourke ms hospitalized- 4/2/73 Page 16. SANITATION DISTRICTS DIRECTORS' FEES iThe Council concurred in Mayor Miller's position in favor of amending the fee structure to limit Sanitation Districts Directors' fees, so that no member could receive more than $50.00 per meeting. 17. NAME BADGES Councilman Saltarelli requested, with the concur- rence of nhe Council, that the staff prepare for the Council members a name badge identifying each of them by name and city, to be used at various meetings and functions outside the City. XIV. ADJOURNMENT Moved by Woodruff, seconded by Welsh that the meeting be adjourned. Carried unanimously. (11:05 p.m.) CLERK