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HomeMy WebLinkAboutCC MINUTES 1972 10 02" TUSTIN CITY COUNCIL October 2, !972 CALL TO ORDER Mayor Miller called the meeting to order at 7:32 p.m. II. PLEDGE OF ALLEGIANCE Led by Councilman Langley. III. INVOCATION Given by Mayor Miller. '- IV. ROLL CALL Present: Councilmen:. Miller, Saltarelli, Langley, Welsh. Absent: Councilmen: None. Others presenu: City Administrator Harry Gill Asst. City Administrator-Community Development Ken Fleagle City Attorney James Rourke City Clerk Ruth Poe PRESENTATIONS Mayor Miller presented plaques to Julian Iorio, Cass Hare, and Lee Wagner for their work in promoting the successful Civic Center Bond Election. Mr. Iorio and Mr. Hare were Co-Chairmen of the+ Civic Center '72 Committee, and Mrs. Wagner was Finance Chairman. Mr.F.C. "BudV Jackley was presented a plaque in appreciation of his services to the City as a member of the Development Preview Commission, and Mayor Miller read in full Resolution No. 72-68, commending Mr. Jackley; the Resolution was adopted later in the meeting. V. PUBLIC HEARINGS 1. PZ 72-135 PLANNING COMMISSION INITIATED On '[he motion of the Planning Commission, a Pre- zone change (PZ 72-135) from the Orange County C-2 District to the City of Tustin Planned Com- munity (PC) District, to authorize an integrated development consisting of a village shopping complex, private club, restaurant, and multi- family residential units. Subject parcel is located on the northerly side of Irvine Boulevard at 13061, with approximately 315' between the Southern Pacific Railroad right- of-way and the Orange County Flood Control Channel. Existing use consists of a truck and material storage lot. Mr. Fleagle summarized the background of this applica- tion, including the Planning Commission's recommenda- tion for Council approval subject to conditions, and proceedings of the September 27 Development Preview Commission meeting. The St~ff reconunends that con- cepts only be approved. ~yor Miller opened the public portion of the hearing at 7:47 p.m. Mr. Nick Barletta, 105 So~ Prospect, Tustin, de- scribed the proposed devel~,~ment as having "Port of Tustin" as its basic themel with a New England fishing village or seaport atmosphere. ~l~he residential portion will be directed toward the "mature adult" (age 40 and Council Minutes 10/2/72 Page 2 over), with 30% of units for singles, the remainder for couples, in two- and three-story_a~artment com- plexes, which will feature subterranean parking, elevatorsr maid service, electronic surveillance and security guards, private club, pool, etc. Unique shops will encircle an inner mall at the center'of which will be situated a New England schooner. The commercial section will be open to the public. MrD Bartetta stated that they have applied for an- nexation to the City, and there is some indication that a primary commercial center in the area will consider being included in this annexation. The development as proposed would pose no burden on the City as there will be no children involved and no extra Police or Fire services required. Mr. Robert Kramer, Executive Vice President of Best Years, Inc., described the difficult contours of the land for development~ and the danger of a high density multi-story structure being permitted by County zoning, with minimum rear setback adjacent to the E-4 develop- ment to the north. He described modifications made to accommodate reconunendations of the Planning Commis- sion and ~evelopment Preview Commission, in building location, parking configuration, setback from rear property line, grading plans, and landscaping. The apartments will be a mixture of singles, one-bedroom and townhouses, and density would be less than in a family-occupied complex. Also, there are 615 parking spaces proposed, although only 581 are required. Mr. Richard Prior, Architect, 3670 Long Beach Blvd., Long Beach, stated that this proposed integrated community would take advantage of an otherwise hard- to-develop piece of property, and added that a double row of trees will be planted along the rear to ensure the privacy of the property owners to the north. Mr. Mark Corcoran, 105 South Prospect, Tustin, de- scribed the problems he has encountered in trying to find an appropriate buyer for the property due to its configuration and size, and sta~ed that the Best Years plan seems ideal for this type of property. Mr. A. Greeley, 14621 Clarissa Lane, Tustina a County resident, questioned the wisdom of permitting three- story apartments in this case and setting a precedent thereby, setting an undesirable density level, and expressed concern about access to the property for emergency vehicles and equipment. There being no further con~ents or objections, Mayor Miller closed the public portion of the hearing at 8:19 p.m. In reply to Council's questions, Mr. F!eagle stated that the County has a height limitation based on the width of the frontage street. The plan has not been presented to the County, although the City has re- ceived a response from the County Planning Department that the area is In Tustin's sphere of influence. He described the City's setback requirements for R-3, PD and PC zoning, and recommended a two-story height limitation, suggested relocation of townhouses to the rea~ property line due to their lesser height and density, and.urged consideration Of access for emergency vehicles and protection of adjacent proper- ties. More vehicular access is needed. In reply to Councilman Welsh, Mr. Barletta related the results of six months of market research and feasibility studies made prior to selecting this location and this type of development. He urged approval of the concept, and leave to work out Police and Fire access and other problems with the Staff. Mayor Miller state~ that density was extremely high, and that setbacks~would have to be changed considerably to be compatible with surrounding properties. Councilman Welsh stat~'d that the question of three- story would have to be resolved as well as the high density. Councilman Saltarelli stated that major changes would be required before he would consider the plan acceptable, and that the amount of revenue generated by the project versus the cost of ser- vices required is insufficient to justify approval of the project to Tustin citizens. He cited the problems of building height, limited access, limited visibility and associated need for.advertising flags and signs--but acknowledged that major changes might render the project'unfeasible economically. Councilman Langley agreed, and asked the developer whether he would be willing to work further on this concept, or if the Council's desired changes would be impractical. Mr. Barletta replied that the Council's major ob- jections--three-story height and density--may be "too major". He felt that emergency vehicle access could be resolved with the guidance of the Staff. Mr. Saltarelli said that if the changes have to be made to the point that the development is no~ viablel the best course from the developer's standpoint might be to approach the County about the project. Moved by Saltarelli, seconded by Welsh that request for prezone change (PZ-72-135) from the Orange County C-2 District to th~ City PC District on subject par- cel be denied. Carried unanimously. 2. ZC 72-232 AND PZ 72-136 PLANNING COMMISSION INITIATED. Planning Commission Initiated Prezoning (PZ 136)and Zone Change (ZC 72-232) from Orange County R-1 District and City of Tustin C-! to the City of Tustin Planned Community (PC) Com- mercial District for the purpose of authorizing a coordinated commercial and professional office building complex, with frontage on Irvine Boulevard. Site is located on the northeasterly inter- section of Irvine Boulevard and Elizabeth Way, with frontages of approximately 165' on Irvine Boulevard and approximately 270' on Elizabeth Way. Council Minutes 10/2/72 Page 4 Mr. F,lea~le related the background of these re- quests and stated that the Planning Commission had unanimously ~ecomme~ded Council approval of the proposed~actions. Mayor Miller opened the public portion of the hear- ing at 9:01 p.m. Mr. Rex Rehnquist, 1163 Irvine Boulevard, Tustin, stated that he is architect for Mrs. Osteen, owner of the property, and offered to answer any questions the Council might wish to pose. Replying to Council- man Welsh, he stated that there would be parking at the rear, accessible also from Elizabeth which would provide a service entrance. There being no further comments or objections, Mayor Miller closed the public portion of the hearing at 9:03 p.m. Moved by Sa!tarelli, seconded by Welsh that the findings of the Plannihg Commission as contained in Resolutions 1286 and 1287 be aDproved, and the City Attorney be directed to prepare the nec- essary ordinance. Carried unanimously. 3. ZC 72-233 SOUTHERN CALIFORNIA PROJECTS, INC. Application of Southern California Projects, Inc., for a Zone Change (ZC 72-233) from C-1 to the Planned Community (PC-Commercial) Dis- trict to authorize a consolidated commercial and professional complex. Subject property is located on the east side of Newport Avenue, bounded by Main and Bryan. Mr. Fleagle summarized the staff reports on this item, and stated that there was a request for a 30-day continuance to allow the applicants to re- vise a plot plan submitted showing intent to dev- elop the land as a financial center in conjunction with the existing restaurant, etc. The PC zoning could be approved making it subject to a use permit. Mayor Miller opened the public portion of the hearing at 9:06 p.m. Councilman Saltarelli favored Mr. Fleagle's recom- mendation, stating that he was dissatisfied with present .developments on the triangle. There being no further comments or objections, Mayor Miller closed the public portion of the hearing at 9:07 p.m. Mayor Miller commented that the plot plan was totally unacceptable as far as-amenities required for that critical piece of property; and that this should be conveyed to the applicants. Councilman Welsh agreed, and co~.ented on the insuf- ficient landscaping. Moved by Welsh, seconded by Langley that Zone Change (ZC 72-233) to PC be approved, and that the City Attorney be instructed to prepare the necessary ~dinan~e, with the provision that alluses will be subject to a use permit. Carried unanimously. 4. CHAPTER 27~ PROJECT 72-4 Construction of street improvements on Laguna Road adjacent to Greinke Petroleum Corporation. Mayor Miller stated, at 9:10 p.m. that the public hearing for the construction of street improvements on Laguna Road pursuant_to Chapter 27 of the Improve- ment Act of 1911 was called to order, and asked the Secretary if due notice of ~his hearing had been given. The Secretary stated that Notices to construct mis- sing improvements and setting forth a time and place for this hearing were duly posted and mailed as prescribed by law, and affidavits to this effect are on file in the office of the City Clerk. Reply- ing to the Mayor, she stated further that no written protests or objections to this contruction had been received. There being no comments or objections, the Mayor closed the public portion of the hearing at 9~12 p.m. RESOLUTION NO. 72-66 A Resolution of the City Council of the City of Tustin, ORDERING THE SUPERINTENDENT OF STREETS TO PROCEED WITH THE CONSTRUCTION OF STREET IMPROVEMENTS UNDER THE PROVISION OF CHAPTER 27 OF THE IMPROVEMENT ACT OF 1911. (CHAPTER 27, PROJECT 72-4) Moved by Welsh, seconded by Saltarelli, that Resolu- tion No. 72-66 be read by title only. Carried unanimously. The secretary read the title of Resolution 72-66. Moved by Welsh, seconded by Langley that Resolution No. 72-66 be passed and adopted. Carried. Ayes: Miller, Saltarelli, Langley, Welsh. Noes: none. Absent: none. RESOLUTION NO. 72-67 A Resolution of the City Council of the City of Tustin, ACCEPTING BID PROPOSALS AND AWARD- ING THE WORK FOR CHAPTER 27, PROJECT 72-4, FOR CONSTRUCTION OF STREET IMPROVEMENTS ON LAGUNA ROAD. Moved by Welsh, seconded by Langle~ that Resolution No. 72-67 be read by title only. Carried unanimously. The Secretary read Resolution 72-67 by title. ~oved by Saltarelli, seconded by Welsh that Resolu- tion No. 72-67 be passed and adopted. Carried. Ayes: Miller, Saltarelli, Langley, Welsh. Noes: none. Absent: none. The Ma~oE called a recess at 9:14 p.m. The meeting reconvened at 9:27 p.m. VI. PUBLIC CONCERNS NONE. Council Minutes 10/2/72 Page 6 VII. CONSENT CALENDAR 1. APPROVAL OF MINUTES September 18 Regular Meeting, September 19 and 26 Regular Adjourned Meetings 2. RATIFICATION OF DEMANDS in amount of $99,392.49- 3. ASSESSMENT DISTRICT #2 FOR DECORATIVE ENTRYWAY INTO TRACT 6473 - SERVICES OF F. MACKENZIE BROWN, ATTORNEY, SPECIALIST IN ASSESSMENT · DISTRICTS. Moved by Welsh, seconded by C. Miller that all items on the Consent Calendar be approved. Carried unanimously- VIII. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 551 An Ordinance of the City Council of the City of Tustin, California, AMENDING SECTION 3 OF ORDINANCE NO. 85 RELATIVE TO APPROVAL OF TENTA- TIVE TRACT MAPS. Moved by Sa!tarelli, seconded by Langley that Ordinance No. 551 have second reading by title only. Carried unanimously. The secretary read Ordinance No. 551 by title. Moved by Welsh, seconded by Langley that Ordinance No. 551 be adopted. Carried. Ayes: Miller, Saltarelli, Langley, Welsh. Noes: none. ~sent: none. IX. ORDINANCES FOR INTRODUCTION 1. ORDINANCE NO. 552 An Ordinance of the City of Tustin, California, AMENDING THE ZONING ORDINANCE, ORDINANCE NO. 157 AS AMENDED AND THE SIGN ORDINANCE NO. 438, AS AMENDED, CREATING THE OFFICE OF ZONING AD- MINISTRATOR AND DEFINING THE DUTIES OF THE OFFICE. Mr. Fleagle replied to the Council's questions about the following Sections of Ordinance 552 as indicated: a. Section 4(b). The $30.00 filing fee for an appeal is to cover the costs of advertisement and processing the appeal, the writing and distribution of reports, etc. b. Section 4(d). Appeals go to the Planning Com- mission rather than to the Council to relieve the Council of involvement'in essentially small matters.. c. Section 3. The applicant is given sufficient time to appeal, inasmuch as the appeal period starts upon publication of the decision of the Zoning Administrator. .LtJ/ Z/ I Z ~a~ , Moved b~_C. Miller, seconded by Langley that Ord- inance No.. 552 have first reading by title onl}I. carr~e__~i~u~animouslyo The secretary read the title of Ordinance No. 552. 2. ORDINANCE NO. 553 An Ordinance of the City of Tustin, California, AMENDING THE ZONING ORDINANCE OF THE CITY OF TUSTIN, RELATIVE TO CONDOMINIUMS. ~ovedb~.Saltarelli, seconded by Langley that Ord- inance No. 553 have first reading by title only. 9arr~unanimously. The secretary read Ordinance No. 553 by title· 3. ORDINANCE NO. 554 An Ordinance of the City of Tustin, California, PREZONING PROPERTY ON APPLICATION NO. PZ 72-134. Prezoning property located at the southwesterly corner of Main Street and Newport Avenue from County M-1 District to City Planned Community (Commercial) District, subject to annexation. Moved b Welsh, seconded by Langley Ordinance N°-~ave first reading by title that only. Carried unanimously. The secretary read Ordinance No. 554 by title. 4. ORDINANCE NO. 555 An Ordinance of the City of Tustin, California, REZONING PROPERTY ON APPLICATION NO. ZC 72-231 OF FIRST WESTERN BANK. ReZoning property at the western intersection of Irvine Boulevard from R-1 to the PR and P & R Districts. · 5 have first readin~ by title only. Carried unanxmousiy. The secretary read Ordinance No. 555 by title· Mayor Miller stated that he would be meeting with SuPerv~"~s'6r Ralph Clark at 1:30 p.m. on October 6, to discuss the matter of a County fire station pro- posed for this location on Irvine Boulevard: In respons~ to the Mayor's invitation, Councilmen Sattarelli and Welsh stated that they would also ~he meeting. X. RESOLUTIONS 1. RESOLUTION NO. 72-68 A Resolution of the City of Tustin, California COMMENDING MR. F. C. JACKLEY. Moved bv Welsh, seconded by Saltarelli that Resotu- t'~l~o. 72-68 be read by title only. Carried unanimously. Council Minutes 10/2/72 Page 8 The secretary read Resolution No. 72-68 by tiLle. Moved by Miller, seconded by Welsh that Resolution ~o. 72-68, Co~ending Mr. F. C. jackley, De passed and ado~pted. Carried. Ayes: Milterv Saltarelli, Langley, Welsh. Noes: none. Absent: none. XI. OLD BUSINESS NONE. XII. NEW BUSINESS 1. STOP SIGNS BROOKSHIRE & GLENARBOR AVENUES (Tustin Meadows) Mr. R. E. Wellman,1732 Brookshire, Tustin, reiterated the major points of his September 12, 1972, letter to the City Council regarding Resolution 72-51, adopted August 7, 1972, which authorized the placement of stop signs at the intersection of Brookshire and Glen- arbor Avenues in Tustin Meadows, and in other locations. Mr. Wellman contended that the stop signs are unwar- ranted by the State standards, as there is no neces- sity for control of traffic within that intersection, that their placement is improper for purposes of regula- ting speed because of Vehicle Code provisions allowing only speed limit reduction to control speed, based on a traffic and engineering survey, which was not done. Mr. Wellman also suggested crosswalks between inter- sections if the Council is concerned with pr0~ecting pedestrians. Councilman Saltarelli felt that the matter should be referred to the Staff for evaluation of various points, particularly with regard to the legality of the stop signs, and report at the next Council meet- ing. He favored retention of signs at the entry- ways of the tract. Councilman Langley defended the stop signs because of the dangerous situation for children, stated that let- ters had been received in support of the signs. He added that mid-block corsswalks are hazardous as they tend to create a false sense of security for pedes- trians. He gave Mr. Wellman a copy of a memo from Acting Sergeant Ken Barton to the Chief of Police regarding these signs. The Staff was directed to report to the Council on the comments in Mr. Wellman's letter.. 2. AWARD OF BID PROJECT I Northwest corner of Laguna & Newport. PROJECT II - North side of Laguna east of Newport. PROJECT III- South side of Laguna west of Newport. MOved by Langley, seconded by Saltarelli that contract for constructlon of street lmprovement Projects I, ~I, and II1, in the vicinity of Laguna and Newport be awarded to the low bidder, Galluzzo and Sons, ISc., of Santa Ana, in the amount of $8,55!.80. Carried unanimousl~. 3. ARCHITECTURAL AGREEMENTS a. Civic Center A. Quincy Jones, FAIA, & Associates. b. Bryan & Re~ Hill Park Richard Bigler Associates, Inc; Moved by Saltarelll, seconded by Welsh that the Mayor and City Celrk be authorized to execute agree- ments with A. Quincy Jonesr FAIA, & Associate~ (Civic Center), and Richard Bigler Associates, Inc. "(Bryan & Red Hill Park). Carried unanimously. .--- XIII. OTHER BUSINESS 1. REVENUE SHARING Councilman Welsh discussed facts gleaned from a League meeting which featured Congressman Richard T. Hanna of Anaheim speaking on the subject of Revenue Sharing, including such factors as the basis for allocations, penalties for violation or error, and possible future spending limitations. 2. DEVELOPMENT "AS BUILT"--City Administrator The Council discussed Mr. Gill's September 29th memo relating to developments not being built according to the intent of Council and Commissions. The Mayor suggested having the Development Preview Commission review final plans before building permits are issued to assure their conformance with Council and Commission approvals. 3. FIRST STREET The Council responded to various communications about the possible closing of First Street between Newport and Red Hill by stating that their intention is not to close the street, but to arrive at some way of making the street safe. 4. ENVIRONMENTAL IMPACT STATEMENTS In reply to Council questioning, Mr. Fleagle explained that the Council may request an environmental impact statement on the Irvine Annexation, but such a state~ ment is not required because the development is not in conflict with the City's Conservation Element. 5. POLICE CLERK AUTHORIZED Moved by Saltarelli, seconded by Welsh that the hiring of a Typist Clerk ($459/month) for the Polic~ Department for a period of two months, be authorize~. Carried unanimously. 6. MASTER RECREATION AGREEMENT Moved by Miller, seconded by Langley that the Mayor ~nd City Clerk be authorized to execute the Ma~ter Recreation Agreement with the Tustin Elementary School Distrlc~ for use of school property to con- duct community recreation programs. Carried unani- mously. 7. MOSQUITO ABATEMENT DISTRICT Councilman Saltarelli requested that the Council take a position about the size and method of selection of members of the Board of Trustees for the Orange County Mosquito Abatement District. He favored reduction ~n the number of Trustees if possible, or at least some limitation in the number of years served; and restriction of membership to city councilmen. Council Minuues 10/2/72 Page 10 Mayor Miller agreed, and recommended accomplishing t~lis through the League of Cities. Mr. Gill stated that the Council should request placemeHt on the League Agenda to present their views; this should be preceded by correspondenc~- 8. STAFF COMMENDED Councilmen commended the Staff for their patience and performance in recent weeks, particularly with the pressure of the Civic Center Bond Election and other critical items. 9. OPEN CHANNEL DRAINAGE IN TUSTIN MEADOWS Councilman Langley. inquired about a solution to the open drainage channels in Tustin Meadows, stating that they apparently are not cleaned often enough. He also expressed the concern of some residents about tree-trimming methods by City crews. 10. FLOOD PROTECTION RESOLUTION REQUESTED The City Attorney was instructed to draft a resolu- tion simi. lar to that adopted by the Sanitation Districts of Orange County requesting measures be taken to secure the stability of the Santa Aria River levees. XIV. ADJOURNMENT Moved by Welsh; seconded by Langley that the meeting be adjourned. Carried unanimously- (ll:01 p.m.) MAYOR ~ ~Y CLERK