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HomeMy WebLinkAboutCC MINUTES 1971 10 18 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL October 18, 1971 CALL TO ORDER Meeting called to order at 7:35 p.m. by Mayor Coco. II. PLEDGE OF ALLEGIANCE Led by Mayor Coco. III. INVOCATION Given by Councilman Oster. ROLL CALL Present: Councilmen: Coco, C. Miller, Marsters, L. Miller, Oster. Absent: Councilmen: None Others present: City Administrator Harry Gill City Attorney James Rourke Asst. City Admin.-Comm. Devel. Ken Fleagle City Clerk Ruth Poe V. PUBLIC HEARINGS None. VI. CONSENT CALENDAR 1. APPROVAL OF MINUTES - October 4, 1971 regular and October 7, 1971 regular adjourned. 2. APPROVAL OF DEMANDS in amount .of $75,122.71. Moved by Marsters, seconded by Oster that Items 1 and 2 of the Consent Calendar be approved. Carried unanimously. VII. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 523 An Ordinance of the City of Tustin, California, REZONING PROPERTY ON APPLICATION NO. ZC 71-226 OF SIEGEL. Rezoning approximately 2.8 acres from the R-3 (1600) (Multiple Family) District to the P-C (c) (Planned Community-Commercial) District for Portion A of subject parcel and to the C-1 (Retail Commercial) District for Portion B. Site fronts approximately 257 feet on the north side of First Street, and approximately 160 feet westerly of the centerline of Fashion Lane. Councilmen Oster and L. Miller announced that they would abstain from voting on this Ordinance. Moved by Marsters, seconded by C. Miller that further reading be waived and that prdlnance No. 523 be passed and adopted. Carried. Ayes: Coco, C. Miller, Marsters. Noes: none. Abstentions: L. Miller, Oster. Council Minutes 10/18/71 Page 2 VIII. ORDINANCES FOR INTRODUCTION 1. ORDINANCE NO. 524 An Ordinance of the City of Tustin, California, PREZONING PROPERTY PURSUANT TO APPLICATION NO. P.Z. 71-130 INITIATED BY THE PLANNING COMMIS- SION. Ordinance prezones property from the County R-2 (1500) (Group Dwelling) District to the City of Tustin R-3 (1500) (Multiple-Family Residential) District. Site fronts approxi- mately 255 feet on the southeast side of Red Hill Avenue, is approximately 600 feet in depth, consists of approximately 4.2 acres, and is located approximately 330 feet north- eas~erlyof the centerline of Mitchell Avenue. 2. ORDINANCE NO. 525 An Ordinance of the City of Tustin, California, AMENDING THE ZONING ORDINANCE OF THE CITY OF TUSTIN, ORDINANCE NO. 157, AS AMENDED, TO PRO- VIDE A PI (PUBLIC & INSTITUTIONAL) DISTRICT. This Ordinance amends Section 3.000 and 4.16 of Ordinance No. 157 to establish a Public and Institutional or P & I District, initiated on the motion of the Planning Commission. 3. ORDINANCE NO. 526 An Ordinance of the City of Tustin, California, REZONING PROPERTY PURSUANT TO APPLICATION NO. Z.C. 71-227 INITIATED BY THE PLANNING COMMISSION. Changing zone from the C-1 Commercial and R-2 (Duplex) Districts to the Public and Institu- tional District for property bounded by First Street, Main Street, "B" Street, and "C" Street and includes the Presbyterian Church, Tustin School District Administrative Offices, and proposed neighborhood park. 4. ORDINANCE NO. 527 An Ordinance of the City Council of the City of Tustin, California, APPROVING THE ANNEXA- TION OF CERTAIN UNINHABITED TERRITORY DESIG- NATED "U. S. MARINE CORPS - IRVINE ANNEXATION NO. 71-A" TO THE CITY OF TUSTIN, CALIFORNIA. At the request of the Mayor, the clerk read the titles of Ordinances 524,525, 526 and 527. Councilmen C. Miller and Oster requested that Ordinance No. 527 be given separate consideration. In response to Councilman C. Miller, Mr. Gill stated that Annexation No. 71-A was to be discussed at the Elementary School Board meeting this evening, and that his October 14 report had not been seen by the Board. He pointed out that Ordinance No. 157 will have to be adopted at the next Council meeting (November 1) in order to comply with State law Council Minutes 10/18/71 Page 3 regarding the 60-day time limit after the protest hearing. He did not think that the School Board was aware of this deadline. It was the consensus of the Council that copies of Mr. Gill's October 14 report be hand-carried to the School Board meeting. The City Clerk delivered the five copies to the Board. Councilman C. Miller stated that he was not con- vinced that all the information needed was con- tained in the City Administrator's September 23 report, and asked that additional information be provided by the Staff relative to projections by years of the development of the property, in order to establish the amount of revenues gen- erated as compared with the amount of services required, and projections of any changes in the City's revenue per capita a~d AV per capita based on the best information the Irvine Company can give on their development plan. This information should reach the City Council at least a week prior to the next Council meeting. Councilman Oster asked that the following items be included in the report: l) Indication in projections of when taxes would actually be received on this property. 2) The duration of any agreements between the Government and the Irvine Company relative to land under the Air Corridor, and the length of time development of this land may be delayed under such agreements. 3) Effect of annexation upon bonded indebtedness ($1,200,000 Park Bonds) of the City, and agreements of the Irvine Company or the land developer to assume bonded indebtedness. Mr. Gill stated that by letter, the Irvine Company has agreed to assume liability for bonded indebted- ness, which would result in a reduction in the park bond tax rate from about 14¢ to about 8¢. Moved by L. Miller, seconded by Marsters that Ordinance No. 527 have first reading by title only. Carried unanimously. Clerk read Ordinance No. 527 by title. Councilman C. Miller asked that copies of the City Administrator's September 23 and October 14 reports, as well as copies of the report request- ed for submittal prior to the next meeting, be forwarded to Mr. Michael Cervin, Secretary of the Tustin Center Homeowner's Group, 685 West Third Street, Tustin, who had expressed concern about the annexation. After further discussion, it was the consensus of the Council that the Staff would supply the October 14 report, and excerpts as determined by the Council of the September 23 report, to Mr. Cervin, as well as to the Tustin Meadows Home- owners Association, to the press, and to the Planning Commission. Council Minutes 10/18/71 Page 4 At the suggestion of Councilman Oster, and with Council consent, Mayor Coco invited comments from a spokesman for each-group in attendance because of interest in this annexation. Ms. Agnes Bacon, 140 Mountain View, Tustin, stated that more time was needed for study, and that such an undertaking was too big for a Council of five to decide--it should go to the voters. Mr. Dickran Boranian, member of the Governing Board of the Tustin High School District~ 1171 Laguna Road, Tustin, expressed concern about the lack of communication, questioned the source of projections contained in the City Administrator's October 14 report, and referred to the State formula for determining the number of students per unit. Using this formula, he had arrived at a figure of 3,872 students; of these, there w6uld be 512 kindergarten students, 2,688 first through sixth grade students, and 672 high school students. He maintained that the number of bedrooms after total development of the area would supply more information as to the student population in the area. Mr. Boranian stated that it was his understanding that three elementary school sites have been proposed, while his projections would indicate a need for close to five elementary schools; and that consideration for high schools is lacking. Councilman C. Miller presented to Mr. Boranian his copy of the City Administrator's October 14 report, for the use of the School District staff in comparing the statistics contained in it with their own. Mayor Coco refuted the implication that the City has not communicated with either of the School Boards on this matter, quoting from the October 14 report: "...staff personnel of both Districts for some time have been aware of, and have evalu- ated the pending annexation and residential devel- opment of subject property." He said that the breakdown in communications had occurred outside the City's realm if the Board has not heard about the annexation. He stated that copies of the forthcoming report would be sent directly to the School Board. Mr. Don Saltarellir 14702 Danberry Circle, Tustin, representing the Tustin Meadows Community Associ- ation, stated that this matter lends itself to criticism of the City Council and Planning Commis- sion, due to a lack of public awareness, and stated that he appreciated the Counci!'s concern for im- proved communication. H~ said that the Planning Commission apparently had few facts about the annexation, and that the public is entitled to know facts about: 1) Densities, and the impact of densityon the schools. Mr. Saltarelli stated that the lower the housing prices, the greater the number of children. 10/18/71 Page 5 2) Lack of available maps. 3) Noise factors from the railroad going through this area. He referred to State-mandated re- quirements about location of schools and decibel levels. 4) The primary concern: what is good about this annexation for the City. Mr. Saltarelli suggested that this area would be excellent for industrial zoning. Mayor Coco stated that Mr. Saltarelli's concerns had been thoroughly discussed by the Council and the Irvine Company representatives, such as sound attenuation, the disposition of the railroad, and commercial and industrial property. We will pro- vide details. Mr. PaulSnow, 430 West Main Street, Tustin, stated that this matter is strictly a business proposition, and suggested that total cos~ to the City of sewers, roads, electricity, water, gas, telephone, etc., in the area be determined, and that this figure be compared with possible revenues from the area. Mr. Jim Taylor, Director of General Planning Administration, the Irvine Company, 550 Newport C~nter Drive, Newport Beach, offered the follow- ing comments for purposes of clarification: 1) The standards used by the Irvine Company for calculating the number of children per unit were received from the two School Districts. The figures (.71 for a detached single family home, and .5 for an attached single family home), have been approved and accepted by the Tustin Elementary School District. Figures developed for the High School District have also been approved by their staff. Referring to Mr. Boranian's contention that as many as five elementary schools may be needed based on a State table, Mr. Taylor stated that this table allows a school district to use up to 1.5 elementary school children per unit; that figure is not actually being experienced any- where in Orange County. 2) The Irvine Company has been willing to cooperate onthe railroad and sound situation, and the Planning Commission has made a requirement that comprehensive site plans to include the railroad and helicopter situation, arterial highways,. parks, etc., must be submitted for approval by the Planning Commission and the City Council prior to submittal and approval of tract maps. In response to a question by Councilman Marsters, Mr. Taylor stated that there are four different densities planned: single family detached, in a $28,000 - $36,000 price range; and two attached developments in price rangesof $23,000 - $26,000 (12 dwelling units per acre) and $21,000 $22,000 (15 dwelling units per acre). Council Minutes 10/18/71 Page 6 Replying to Mr. Boranian, Mr. Taylor stated that he d~d not havelfigures on the number of bedrooms but that there are fewer bedrooms in an attached than in a detached single family home. The Irvine Company prefers to use a profile of a similar pro- ject developed under the same conditions to determine how many elementary school students there will be. Councilman Oster agreed with Mr. Snow's remarks about this being considered as a business proposi- tion. He stated that his primary concern is to make Tustln a viable community. The Irvine Company has indicated a commercial development within t~e area, and he thought that a future annexation of light industrial area might be made possible by -consideration of this annexation. The Irvine Company has agreed to assume the bonded indebt- edness for the area, and the problems of the railroads, helicopter noise, parks, etc., have all been discussed. But the Council is not ir- revocably committed to the annexation in the event that the forthcoming report indicates factors about the annexation which may in some way threaten Tustin's viability. Mayor Coco agreed with Mr. Oster's comments, stating that the Council is united on these issues. IX. RESOLUTIONS 1. RESOLUTION NO. 71-62 A Resolution of the City Council of the City of Tustin, ANNEXING TO THE CITY OF TUSTIN CERTAIN TERRITORY DESCRIBED HEREIN, AND DESIGNATED RED HILL-IRVINE ANNEXATION NO. 70° 2. RESOLUTION NO. 71-63 A Resolution of the City Council of the City of Tustin, California, FINDING THAT CERTAIN AMENDMENTS TO THE 1970 NATIONAL ELECTRICAL CODE ARE NECESSARY BECAUSE OF LOCAL CONDITIONS. 3. RESOLUTION NO. 71-64 A Resclution of the City Council of the City of Tustin, California, FINDING THAT CERTAIN AMENDMENTS TO THE 1970 UNIFORM MECHANICAL CODE ARE NECESSARY BECAUSE OF LOCAL CONDITIONS. 4. RESOLUTION NO. 71-65 A Resolution of the Council of the City of Tustin SETTING FEES FOR THE ISSUANCE OF BUILDING, PLUMBING, MECHANICAL AND ELECTRI- CAL PERMITS. 5. RESOLUTION NO. 71-66 (see next page) Council Minutes 10/18/71 Page 7 5. RESOLUTION NO. 71-66 A Resolution of the City Council of the City of Tustin, California, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF STREET IMPROVEMENTS ON YORBA STREET FROM NORWOOD PARK PLACE TO 275 FEET SOUTH AND ON NORWOOD PARK PLACE FROM YORBA STREET TO 250 FEET EAST. Moved by L. Miller, seconded by Oster that Resolutions 71-62, 71-63, 71-64, 71-65, and 71-66 be read by title only. Carried unanimously. ResolutiOn titles read by the clerk. Moved by L. Miller, seconded by Oster that Resolutions, 71-62, 71-63, 71-64, 71-65 and 71-66 be passed and adopted. Carried. Ayes: Coco, C. Miller, Marsters, L. ~Oster. Noes: none. Absent: none. X. OLD BUSINESS None. XI. NEW BUSINESS 1. REQUEST FOR YEARBOOK PAGE, TUSTIN HIGH SCHOOL Miss Trudy Neel, 13121 Laburnum, Tustin, ad manager for the Tustin High School Yearbook, asked that the City support Tustin High School by submitting a congratulatory message to the 50th graduating class at the school, at a cost of $80 per page. The dead- line for submitting the message is November 24. Moved by Oster, seconded by Marsters that the City submit a congratulatory message to the 50th gradu- ating class at Tustin High School by means of a full-page ad in their yearbook, at a cost of $80. Carried unanimQusly. 2. PLANNING COMMISSION RESOLUTION RE: GARAGES, MULTI-FAMILY DEVELOPMENTS A Resolution of the Planning Commission (No. 1241), recommending against an amendment to Section 11.34 of Ordinance No. 157 (The Zoning Ordinance, as amended), requiring garages for multi-family developments. After Mr. Fleagle had summarized the background of this Resolution, Councilman C. Miller stated that the Council should have the benefit of the same information the Planning Commission had, and recom- mended deferral of any decision on this pending presentation before the Council of slides illustra- ting the use of carports versus garages, as presented at the September 27 Plannlng Commission meeting by Mr. Gared Smith, 2043 Westcliff, Newpor~ Beach; Mr. Fleagle had indicated that the slides provided conclusive information on which the Planning Commissioners based their decision to recommend against any amendment requiring garages in multi-family developments. Council Minutes 10/18/71 Page 8 Moved by Marsters, seconded by Oster that this matter be continued to the second'Council meet- ing in November (November 15, 1971). Carried unanimously. 3. AWARD OF BID FOR TAX ANTICIPATORY NOTE Mr. Gill explained that banks were requested to submit bids for a $400,000 Tax Anticipatory Loan to be repaid by April, 1972. The five bids re- ceived were opened at 2:00 p.m. that day, October 18, and the Bank of America was the low bidder with an interest rate of 2.765% on a non-callable basis. Mr. Grady Henry of the First National Bank of Orange County, 14601 Red Hill Avenue, Tustin, briefly explained how banks arrive at their bids, and stated that Bank of America's low bid was apparently affected by the City's $100,000 account in that bank, and that Bank of America's earnings will be at a rate of 7.90%, while those of First National Bank of Orange County would be at a rate of only 5.8%. In response to questioning, Mr. Henry stated that Bank of America's callable bid, 2.89% and a $29.00 bonus, even with a $100,000 deposit by the City, was only .01% lower than that of First National Bank of Orange County. In reply to Councilman L. Miller's questions, Mr. Gill stated that the cash account maintained by the City is non-interest-bearing, but must meet the City's current demands. The amount fluctuates depending on revenues, anticipated expenditures, amounts being invested, etc. In the past, the cash account has been moved around among banks within the City, but not according to any particular schedule. He stated that he felt that it is illegal to condition any kind of a bid for tax anticipatory notes, or any other method of investment, that a cash balance be maintained in that bank, even on a hypothetical basis. Mr. Rourke agreed. Mr. Gill stated further that Bank of America provides no special services to the City, other than those which might be expected from any bank. Bank of America has held this account for about two years. Mr. Blankenship explained that the City has at the present time $300,000 in Time Certificates of Deposit at the Bank of America, at 5.5%. The Tax Anticipatory Notes are for the General Fund, as the TCD's represent money in special restricted funds that cannot be used for General Fund purposes. The City has also recently in- vested in repurchase agreements, ($200,000 at 4.5%) for short periods of time. Council Minutes 10/18/71 Page 9 ~ouncilman Oster stated that the TCD's should be spread among local banks on a capitalization basis or otherwise. Mr. Gill reported that the City has had the policy -- of spreading these throuqhout the banks within the City, and the $300,000 w~th Bank of America will be reinvested in other banks when they expire. The spread normally is accomplished when interest rates throughout the City are uniform. In'response to Council's questions, Mr. Rourke stated that he did not see any legal problem in reinvesting excess funds from a non-callable loan, inasmuch as the City is not borrowing more than it pretends to need. Mr. Gill stated that a good.portion of the money will be used to reimburse other funds, such as gasoline tax and other sources, which bave been depleted considerably by interfund borrowing. Moved by Oster, seconded by L. Miller that the kow bid of Bank of America, with an interest rate of 2.765% with an effective rate of 2.7505% on a non-callable basis for a period of s~x months from the date of issuance, be accepted, and that Resolution No. 71-67, PROVIDING FOR ISSUANCE OF A NEGOTIABLE NOTE IN THE AMOUNT OF $400,000, have ._ first reading by title only. Carried unanimously. Title of Resolution No. 71-67 read by the clerk. ~oved by Osterr seconded by L. Miller that ~esolution'No. 71-67 be passed and adopted'. Carried. Ayes: Coco, C. Miller, Marsters, L. Miller, Oster. Noes: none. Absent: none. XII. OTHER BUSINESS 1. TELEPHONE DICTATION EQUIPMENT - POLICE DEPARTMENT Moved by Marsters, seconded by C. Miller that purchase and installation of telephone dictatio,a equipment in the Police Department be authorize,]. Carried unanimously. 2. P.U. C. HEARING Mr. Gill announced that the Public Utilities Commission has scheduled a public hearing on October 27, 1971, at 10:00 a.m., in Courtroom No. 5 of the Old Courthouse, 211 Santa An a " Boulevard West, Santa Ana, relative to the matter of switching of Santa Fe trains adjacent to Tustin Meadows. 3. PARADE FLOAT Mr. Grady Henry, Chamber of Commerce President, stated that the Chamber will support a float for the Tustin Tiller Days Parade and the Anaheim Halloween Parade. Council Minutes 10/18/71 Page 10 4. REPORT ON PROSPECT IRVINE - NEWPORT ANNEXATION--Carl Jo Greenwood, Chamber of Commerce Vice President. Staff directed to relay to Mr. Greenwood and t~e Chamb'er the Council's feeling that greater assur- ance of success should be provided before the City takes steps toward annexation of this area. XIII. ADJOURNMENT There being no further business before the Council, Mayor Coco declared the meeting adjourned at9:36 p.m.