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HomeMy WebLinkAboutCC MINUTES 1972 12 20 MINUTES OF A REGULAR ADJOURNED MEETING TUSTIN CITY COUNCIL December 20, 1972 CALL TO ORDER. Mayor Miller called the meeting to order at 7:30 p.m. · n the Civic Center Community Building. II. PLEDGE OF ALLEGIANCE Led by Councilman Woodruff. III. INVOCATION Given by Mayor Miller. IV. ROLL CALL Present: Councilmen: Miller, Saltarelli, Langley, Welsh, Woodruff. Absent: Councilmen: None. Others present: City Administrator Harry Gill Asst. City Admin.-Comm. Devel. Ken Fleagle City Attorney James Rourke City Clerk Ruth Poe V. PUBLIC HEARINGS Mayor Miller announced that Public Hearing No. 2 and the Public Concerns section of the Agenda would be taken out of order and considered at this time. Public Hearing No. 1 would be held following an Executive Session. 2. UP 72-397 - COUNTY CORONER'S OFFICE Initiated by the Planning 'Commission, a Use Permit to permit administrative offices, a laboratory, and coroner's activities for the Orange County Coroner, in an existing struc- ture located ~n a Planned Industrial District. Site fronts approximately 120 feet on the west side of "B" Street, and is located adjacent to the Santa Ana Freeway. Mr. Fleagle explained the location of the proposed facility, and showed a videotape of the site, park- · ng accommodations, etc. He explained that follow- ing a public hearing, the Planning Commission had denied the Use Permit on the basis of the incompati- bility of the facility with the character of sur- rounding uses in the area, lack of freeway access necessitating travel over local streets between free- way off-ramps and the facility, and the conflict of the proposed use with the original design and intent of the Planned Industrial facilities at the site. The City Council, on December 4, 1972, appealed the decision of the Planning Commission. Letters of protest have been received from Back Street, 655 South "B" and from Don R. Adkinson, on behalf of Mrs. Horace J. Stevens, 228 West Main Street, Tustin. He added that the staff did recommend approval of the use subject to certain conditions relating to landscaping and parking accommodations. ~ayor Miller opened the public portion of the hear- xng at 7:38 p.m. Mr. Arthur Peterson of Hanson, Peterson, Cowles and Sylvester, CPAs, 653 South "B" Street, Tustin supported the action of the Planning Commission denying the Use City Council Minutes 12/20/72 Page 2 Permit, inasmuch as Mr. Foster, owner of the property, had developed it in conformance with the Planned Industrial zoning, and that there should be no de- parture from the character of the existing develop- ment. Mr. Eugene Miller, Chief Deputy Coroner, Office of the Orange County Coroner, 400 Civic Center Drive West, Santa Ana, noted that the City staff had unanimously agreed that the use would be suitable, and asked that the Council overrule the Planning Commission's decision. Mr. Tom Boyles, Foster Art Service, Inc., 430 West Sixth Street, Tustin, stated that his Company's position is that the proposed facility would be compatible, and should not be offensive to anyone. He added that Mr. Bill Moses, Tustin News Editor, was no longer opposed to the use. There being no further comments or objections, Mayor Miller closed the public portion of the hearing at 7:47 p.m. In reply to questioning, Mr. Eugene Miller stated that the facility would probably be in Tustin for a number of years due to the Cou~ty's slowness in undertaking capital improvements; the only signing would be a small identificatiQn sign at the pre- mises; the relatively light caseload (8 to 10 per day) and visits by Police or District Attorney's staff would generate little additional traffic; and not more than 20 employees would occupy the facility during daylight hours, and 2 to 4 employees at night. Moved by Langley, secondedby Welsh that the Plan- ning Commission's findings as stated in Resolution No. 1301 be overruled, that UP 72-397 be approved, and that the City Attorney be directed to draft the Resolution of approval. On the advice of the Community Development Director, Councilmen Langley and Welsh amended their motion to provide that the Resolution shall include cond- itions for on-site parking facilities and land- scaping, as originally recommended. Motion carried unanimously° VI. PUBLIC CONCERNS 1. REQUEST FOR STOP SIGNS AT FARMINGTON & LANCE (Taken out or order) Mr. A. James Hughes, 1752 Lance Drive, Tustin, spoke on behalf of the signatories of a petition requesting installation of three-way stop signs and school crossing at the intersection of Farming- ton and Lance Drive, for the safety of children attending San Juan School. Moved by Miller, seconded by Welsh that the request for the installation of stop signs at Farmington Road and Lance Drive be approve_d, and that 'the staff prepare the necessary Resolution for action at the next Council meeting. Council briefly discussed other hazardous locations, including Red IIill and San Juan intersection, and City Council Minutes 12/20/72 Page 3 the area of Laguna Road, San Juan, Browning, and 'Bryan. Above motion carried unanimously. ADJOURNMENT Moved by Miller, seconded by Saltarelli that the ~eeting be adjourned to an Executive Session to consider matters of personnel and possible litiga- tion. Carried unanimously. (8:05 p.m.) The meeting reconvened at 9:30 p.m. PUBLIC HEARINGS 1. APPOINTMENT OF A MEMBER OF THE TUSTIN PLANNING (Cont'd) COMMISSION. Continued from 11/6 and 11/20/72. nayor Miller announced that the public portion of the hearing had been closed at a previous Council meeting and continued to this date for further con- sideration by the City Council. Moved by Woodruff, seconded by Saltarelli that the [esignation of Lowell Dukleth be accepted and the staff be directed to prepare an appropriate commenda- tion for his service on the Planning Commission; that t"~appointment of Sheldon Edelstein as a Member of the Planning Commission be terminated effective immed- iately; and that the following be appointed as members of the Tustin Planning Commission effective ~mediately: Richard Dombrow, Casper Hare, and George MoHarris. Carrie~, Councilman Welsh abstaining. Moved by Woodruff, seconded by Welsh that the City Attorney prepare an Ordinance revlsing the existing Ordinance relating to appointment and term of office of Planning Commissioners, to provide that the terms of all members will be for a period of two years, and that the terms of all members expire on June 30, ~ith the terms of two members expiring one year, and three the next year. Council discussed the possibility of eliminating the requirement for a public hearing on the appoint- ment of Planning Commissioners, but it was determined not to be .a matter of contention at this time. Above motion carried unanimously. Moved by Saltarelli, seconded by Welsh that the City ~lerk be directed to advertise openings on the Parks and Recreation Commission as a result of terms of Office expiring at the end of this year. Carried unanimously. Moved by Woodruff, seconded by Welsh that an approp- riate commendation be prepared for presentation to Mr. Milton Curtis for his distinguished service on the Planning Commission. Carried unanimously. Moved by Miller, seconded by Saltarelli that an ~ppropriate commendation be prepared for presenta- tion to Mr. Sheldon Edelstein for his service on the Planning Commission. Carried unanimously. City Council Minutes 12/20/72 Page 4 VII. CONSENT CALENDAR 1. APPROVAL OF MINUTES - December 4, 1972, meeting. 2. RATIFICATION OF DEMANDS in amount of $87,056.65 3. AWARD OF CONTRACT - CONSTRUCTION OF CENTER MEDIAN CURBS ON 17TH STREET BETWEEN CARROLL WAY AND YORBA STREET (NORTH), as recommended by the City Engineer. 4. RIGHT-OF-WAY EASEMENT DEEDS AND AGREEMENTS - FIRST STREET AHFP PROJECT NO. 604 AND 649 Authorization for Mayor and City Clerk to execute agreements and acceptance of deeds as recommended by the City Engineer. Moved by Saltarelli, seconded by Langley that all items on the Consent Calendar be approved. Carried unanimously. Councilman Woodruff abstained on item No. 1, Approval of Minutes. VIII. ORDINANCES 3OR ADOPTION 1. ORDINANCE NO. 564 An Ordinance of the City of Tustin, California, REZONING PROPERTY ON APPLICATION NO. Z.C. 72- 234 OF THE CITY OF TUSTIN. Location: Northwesterly intersection of Main and Centennial Way. Moved by Miller, seconded by Welsh that Ordinance No. 564 have second reading by title onlX. Carrfed unanimously. The secretary read Ordinance No. 564 by title. Moved by Millerr seconded by Welsh that Ordinance No. 564 be adopted. Carried. Ayes: Miller, Saltarelli, Langley, Welsh. Noes: none. Absent: none. Abstained: Woodruff. IX. ORDINANCES FOR INTRODUCTION 1. ORDINANCE NO. 565 An Ordinance of the City of Tustin, PREZONING PROPERTY OF BEST YEARS, INC., ON APPLICATION NO. P.Z. 72-138. Subject parcel has a frontage of approximately 315 feet on the north side of Irvine Boulevard and lies between the Southern Pacific Railroad right-of-way and the Orange County Flood Con- trol Channel. 2. ORDINANCE NO. 566 An Ordinance of the City of Tustin, California, AMENDING THE TUSTIN CITY CODE TO REVISE THE MEMBERSHIP OF THE PARKS AND RECREATION COMMISSION. City Council Minutes 12/20/72 Page 5 .3. ORDINANCE NO. 567 An Ordinance of the City Council of the City of Tustin, California, ADOPTING SPECIAL SPEED ZONES ON CERTAIN STREETS WITHIN THE CITY OF TUSTIN, CALIFORNIA. ~ayor Miller requested that 0_r.d_in~.ce NO. 565 be ~Ons idered--s epa rate ly. Moved by Saltarelli, seconded by -r.angleX that ~dinances-566 andF'567'have--first-r".~d~ ~k',tl_e 'on~lyv*--~la'r=i-ed-~Jn~_imD-u-S~y~- _e.h.e .~_i.t~ ~ell~e_rk _r~e_a_d ~O~d_i~_a.n.g~e.s _5_6~ ~a.n._d s567 by title. ~Cilma~ Sattaretti refer-~ed to the D.e.eemb~er 15 _t~j~er'fr~m-Be'st ~fe~rs~ "~ ~ ~ i~' re~Ar-d to the ~i~cus~ed by t~o~'~a~"~' do ,W_i%h _develop- ~.g~ ~"~e~id&~i~-~ '~i~' ~T~-s{~ a~a perhaps not b~_i.n.g ~Ll~e t_e ~¢ompll_e'_t? the commercial. As 0r~inance ~.p~n~y eer-tificates woutd no~ be issued Until the · @B~{ t~e ,Which the de~et~&~s _ag_r-@@~ _i_~ ~%~ all pos- ~ pe~i~e~ with the two tied ~eg~h~ ~D ~he ~he~td be aetemined'~R the ~e~= future ~~~ We[~ ~~t Weird insure ~h~ ~%~[~ pE~3ect be~&cuumutated ak ~he ou%set, ~e ~z~ ~be effzSite if ~e devetepe~s ~SV~te~' the' enti~e '~j &~t i" 'Ha "~ ~t the ~oject de~et0p ~mcu~en~t s ~ ~ ~tt~ties i~ctuding the ~e~n~itmaR Langte~ ~ ~[~Bg ~!~q~.~ion of ~'~[~%h~e O=dinance~ that se~ific~es Of a a' up W~ ~e~ iR his opiniQn What the ~euneit intended iD~ent, which was that the residential portion of the p~QpeEty weutd start first, but ce=tific~tos of [~n~ilman Salta~elli ~tated that pa~p~ph 5 appears ~e~ for both sed[iOns, and b~!~!~g %~y only Og~ 9a'eha:~aaH[i~i a~d"'not on the e6mercial; Paragraph 6 is too reae~ictive as if both Sections ~e being Constructed and a~e p~og~essiaq s~tisfactor- i~Y,' ~'t~&"~6'aid&n~i~i' 'is" ~Q~e,~e4' [(~ months be- fore ~ ~e~a~;"~ '~ be q~Q~!~B~ble whether City Council Minutes 12/20/72 Page 6 the City would want to hold up occupancy under those circumstances. Mayor Miller agreed, stating that it was the Council's intent that the certificate of occupancy on the residential be withheld pending completion of framing inspections on the commercial. He interpreted the Best Years letter, however, as opposing any such conditions as discussed by the Council. Councilman Woodruff stated that he would not want to issue any occupancy certificates until a certain percentage of.the construction had been completed on the commercial. Councilman Welsh noted that there have been circum- stances in the past wherein framing of a commercial structure has been completed, but the structure has not been completed. He felt that Paragraph 6 would prevent this from occurring in this case. In reply to questioning, Mr. Robert E. Kramer, Vice President of Best Years,Inc., 200 East First Street, Tustin, stated that these conditions would make it extremely difficult--almost impractical-- to proceed on the project. The PC zoning allows contruction in portions, which was the intent of Best Years. Follow- ing the last Council meeting, he conferred with his lenders concerning the requirement that both sections be developed concurrently, and was advised that they would not finance the residential portion if there were conditions attached which would prevent its occupancy. Mr. Kramer quoted from the Community Development Director's December 5 letter to Best Years concerning the Council's December 4 action approving the project: "It was the Council consensus that the justi- fication for the density was related to the consolidated development of the total project." He offered an alternate suggestion for assuring devel- opment of the commercial, and to lower the density on the apartments: When building permits are being obtained for the residential portion, Best Years would add extra property to the legal description of the property within their building permit--one to two acres, for example--thereby reducing density to about 24 units/acre, with the stipulation that when obtaining, building permits for the commercialr the extra property would then become part of the commercial~ The Company will also improve the en- tire frontage of the property, including curbs, sidewalks, driveways, and landscaping. All this, in effect, would put a penalty on the Company if they don't develop the commercial, in that they would have a financially impractical apartment house° He felt that this would be a more practical method of assuring commercial development, rather than im- posing a time limit which would jeopardize the commercial development. Councilman Saltarelli suggested that this be con- ~inued to the next meeting, and that the developer be requested to advise the Council in writing of his intentions with regard to alternate methods of guaranteeing the commercial. City Council Minutes 12/20/72 Page 7 Mr. Nicholas Barletta of Best Years, Inc., stated ~hat some safeguards are built in in a project like this, such as reduction from the present C-2 zoning to at least C-1. If the commercial portion does not develop, there will still be valuable frontage comparable to o~hers on irvine Boulevard; ---- the risk factor is only that there might be another professioDal office building on the frontage if the commercial does not develop. Also, ~n order to develop the apartments to the rear, the entire project has to be completely engineered and graded, which will be a greater task than normally, because of the amount of excavation that now exists and the need to cover the Flood Control channel. Because of "top-heavy" improvement costs, any profit to be obtained from the project will depend on the com- pletion of the commercial. He added that it is nor- mal that occupancy of a commercial shopping center is not completed by the date of opening, but is a gradual process. He questioned whether it really was the Council's intent to withhold certificates of occupancy on the residential until the commercial is occupied--this was.his understanding of Paragraph Mayor Miller stated that this is not the Council's ~nten~, nor the meaning of Paragraph 6, which requires the completion of the commercial structures prior to certificates of occupancy being issued on the residential. Councilman Woodruff favored continuation of the matter to allow time for the staff to report to the Council on the projected costs to the developers of off-site and on-site improvements, and a breakdown as to what portion of these costs would be al.located for property adjacent to the R-3 area and what portion adjacent to the C-l; and to give the developers an opportunity to present a specific proposal in writing. Councilman Langley stated that he appreciated Mr. kramer's comments about the lenders' concerns about this type of contingency being attached to the loan. Following brief discussion about proposed guarantees and the need for the developers to provide their alternatives in writing, it was moved by Saltarelii, seconded by Langley that this matter be continued to the next regular meeting. Carried unanimously. X. RESOLUTIONS 1. RESOLUTION NO. 72-82 A Resolution of the City Council of the City of Tustin APPROVING FINAL TRACT MAP NO. 7954. Location: Easterly of Tustin Meadows and southerly of Walnut Avenue. 2. RESOLUTION NO. 72-83 A Resolution of the City Council of the City of Tustin APPROVING FINAL TRACT MAP NO. 8033. Site bounded by the A.T. & S.F. Venta Spur tracks; the easterly extension of Walnut Avenue; proposed Cherrywood Lane and a line approximately 1350 feet northerly of Walnut Avenue. City Council Minutes 12/20/72 Page 8 3. RESOLUTION NO. 72-85 A Resolution of the City Council of the City of Tustin, REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF YORBA STREET. 4. RESOLUTION NO. 72-86 A Resolution of the City Council of the City of Tustin REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF RED HILL AVENUE. (A transcript of this Section and the New Business Section of the Agenda is on file in the office of the City Clerk.) Developers involved with Final Tract Maps 7954 (Ayres) and 8033 (U. S. Development) were given copies of Resolutions 72-82 and 72-83 approvlng these maps, for their review prior to adoption by the City Council. Mayor Miller expressed concern about Resolution No. 72-85, involving the development of Yorba Street, particularly with regard to the ~emoval of eucalyptus trees on the west side of Yorba Street south of Laurie Lane, in connection with street improvements- He felt that residents in the area should be heard on this matter. Mr. Gill said that all that is being requested at this ti~e is that the County AHFP Committee consider the project for the 1973-74 fiscal year. If they approve it, it is still the City's option whether to proceed with it. Mayor Miller said that he wanted to avoid any mis- understandi~'g by the staff that approval of this Resolution is approval to proceed with the project. Councilman Woodruff suggested that removal of the trees may require an environmental impact study. Moved by Saltarelli, seconded by Welsh that Resolutions 72-85~and 72-86 be read.by title oni~. Carried unani- mously. The secretary read Resolutions 72-85 and 72-86 by title. Moved by Welsh, seconded by Langley that Resolutions 72-85 and 72-86 be passed and adopted. Carried. Ayes: Miller, Saltarelli, Langley, Welsh, Woodruffo Noes: none. Absent: none. Moved by Saltarelli, seconded by Welsh that Resolu- tions No. 72-82 and No. 72-83 be read by title only. Carried unanimously. The secretary read Resolutions 72-82 and 72-83 by .title. Moved by Welsh that Resolutions 72-82 and ~2-83 be passed and adopte~. Mr. Rourke brought to the Council's attention letters received from the irvine Ranch Water District, from the City Council Minutes 12/20/72 Page 9 Irvine Company regarding Maps 7954 and 8033, from Tustin Water Works regarding supplying water to the area, and from U. S. Development Corporation and Ayres. Mayor'Miller stated that responses have been pre- pared to these letters which fully answer the developers' concerns about the City supplying water, and to the Irvine Company and the Irvine Ranch Water District stating the City's position on certain con- cerns they raised on the issue. Mr. Rourke stated that the City's responses had been delivered that afternoon to the Irvine Company, IRWD, and the developers, with a copy of the letter the irvine Company also delivered to the developers. He felt it would be appropriate to allow comment at this time by developers' representatives who were present. There being no comments from the audience, Mayor Miller stated that a change had been made on page 2, ~aragraph 5 of the December 20 letter to Mr. Hurst of the Irvine Ranch Water District; that paragraph now reads as follows: "5) We believe that water service can be pro- vided in these tracts through the City's presentl~ duly authorized agent, Tustin Water Works. We believe that sewer service can and will probably have to be provided in this area by the Irvine Ranch Water District." Mr. Saltarelli seconded Councilman Welsh's motio~ to adopt Resolutions 72-82 and 72-83. Carried. Ayes: Miller, Saltarelli, Langley, WelSh, Woodruff. Noes: none. Absent: none. OLD BUSINESS NONE. XII. NEW BUSINESS 1. TENTATIVE TRACT NO. 7979 - U.'S. DEVELOPMENT CORP. Location: Southerly of the Santa Ana Freeway and easterly of the Venta Spur Line. Mr. Fleagle stated that the staff is satisfied that Tentative Map does meet the criteria established by the City Council for this development. Mr. Rourke stated that some of the same remarks ~hat were made with regard to the previous items (Resolutions for Final Tract Maps) are also ap- plicable to this, and said it would be appropriate for developers' representatives to be heard at this time if they so desire. There was no comment from the audience. Moved by C. Miller, seconded by Saltarel]~ that the ~ouncil approve Tentative Tract No. 7979 as recom- mended by the Planning Commission and with condition~ as set forth in Commission Resolution No. 1399. tarried unanimously. City Council Minutes 12/20/72 Page 10 XIII. OTHER BUSINESS 1. REQUEST FROM HIGH SCHOOL Councilman Welsh stated that a request had been received from Foothill High School for a City Councilman and a Clty staff member to address the Senior Civics class concerning City government, on January 4, 5, or 8, at 8:45 a.m. Mayor Miller agreed to contact the instructor about it. 2. INTERGOVERNMENTAL COORDINATING COUNCIL Councilman Saltarelli stated that since the City will be taking a position in the near future on the Intergovernmental Coordinating Council, he would like the staff to research a Register news item in which Supervisor Ronald Caspers was quoted as being in agreement with Buena Park Mayor Ralph Hines' comment that membership in the Council by cities would be an infringement on local control. The matter is set for hearing by the Board of Supervisors on January 2; cities will have to take a position sometime thereafter. · 3o ORANGES IN PARKING LOT Councilman Woodruff suggested a community or staff pro]ect be undertaken to pick the oranges on the __ trees in the City Hall parking loto 4. COUNCIL CONCERNS -Mayor ~iller requested that "Matters of Council Con- cern" be reinstituted for inclusion in the Council packets, to cover items of special interest to the Council which are not reflected in Staff Meeting Minutes. 5. PADS Councilman Saltarelli reported that Public Agencies Data Systems has completed payroll moduler and that the City will go under the new payroll system at the first of the year. Work has begun on a personnel management system. He commended Assistant City Administrator Dan Blankenship, "who has been a moving force behind pADS...extremely well-informed, and highly respected among all member.cities of PADS for his work and efforts". 6. MOSQUITO ABATEMENT DISTRICT Councilman Saltarelli stated that it appears that some inroads have been made inthe problem of member- ship in the District, and some cities have appointed new members° 7, LEAVE APPROVED Council approved 3½ days vacation between .Christmas and New Year for the City Administrator. City Council Minutes 12/20/72 Page 11 XIV. ADJOURNMENT Moved by Miller, seconded by Saltarel]~ that the meeting be adjourned to Wednesday, January 3,197 ~n the Civic Center Community Building. Carried I, unanimously. ' ~ ' MAYOR ERK