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HomeMy WebLinkAboutCC MINUTES 1974 09 16 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL September 16, 1974 CALL TO ORDER The Mayor called the meeting to order at 7:30 p.m. II. PLEDGE OF ALLEGIANCE Led by Councilman Edgar. III. INVOCATION Given by Councilman Saltarelli. IV. ROLL CALL Present: Councilmen: Langley, Sharp, Edgar, Saltarelli, Welsh. Absent: Councilmen: None. Others present: Harry E. Gill, City Administrator R. Kenneth Fleagle, Assistant City Administrator for Community De- velopment James Rourke, City Attorney Ruth C. Poe, City Clerk V. PUBLIC HEARINGS 1. APPEAL OF USE PERMIT 74-6 An appeal by the Tustin.Community Hospital of the Planning Commission approval, with condi- tions, of Use Permit 74-6. Use Permit granted authorization for expansion of the hospital sub- ject to the providing of adequate parking facilities. Location: 14662 Newport Avenue Mr. Fleagle related that the Planning Commission con- ducted two public hearings and approved the expansion of the hospital by the adoption of Resolution 1401, subject to the provision that additional adequate parking facilities be provided. The applicant ap- pealed the decision of the Planning Commission based upon certain relevant information that they did not present when the matter was heard by the Commission. The Mayor opened the public portion of the hearing at 7:35 p.m. Mr. Charles Stanley Dyer, Administrator of the Tustin Community Ho~pita!, informed the Council that he wanted to make i~ very clear that the addition of these 6900 square feet of area would not cause any additional employees or patients. They will be relo- caring the psysiological lab which is fully staffed at this time and occupying a patient room. They will also relocate the recovery room which is overcrowded at present. The Department of Radiology and the Cli- nical Laboratory which are also overcrowded will be moved into new and larger quarters. All of this ex- pansion will not add any new employees or cause any additional parking problems. Mr. Dyer presented a parking poll, taken by the hos- pital, to the Council, to show the amount of vacant parking spaces at various times. Mr. Dyer also pre- sented letters to the Council, written'F~"~'various prominent Tustin Citizens, stating that they had not had any parking problems at the hospital. City Council Minutes 9/16/74 Page 2 Mr. Dyer explained the different uses that the hospital provides for service organizations in the Tustin Community. Some of them are: Lit- tle League physicals, Chamber of Commerce din- ners, nurses' training for Santa Ana College and Orange Coast College, Tustin Woman's Club · meetings, ~hurch uses, Critical Care Nursing Seminars and many other community affairs. Mayor Langley commended the hospital on their ) contribution of services to the Tustin Community and questioned Mr. Dyer if these new facilities would encourage additional usage. Mr. Dyer an- swered no, that the new addition would create better facilities and more convenience to Staff and patients alike. Councilman Sharp commented that the new space seems to be for diagnostic services for inpatients, would it also be for outpatients? Mr. Dyer stat- ed the services would be used by both inpatients and outpatients, as is done at present, and the new area would supply more adequate room. Councilman Edgar commented that consideration should be given to the public services that the Hospital provides and schedule them so there is no conflict with the change of shifts. The public hearing was closed at 7:55 p.m. After some discussion among the Councilmen per- taining to the parking problems and possible sol- utions, Mayor Langley questioned Mr. Dyer about parking on the cement block yard property. Mr. Dyer explained that the hospital considered this property but found that it would be an uncontrol- lable solution due to the fact that a lease could not be obtained for more than three years. Mayor Langley commented that he felt there are two alternatives available to the Council: 1. Refer the matter back to the Planning Commission or 2. Resolve the problem now with definite direction. Councilman Sharp stated that he felt the Planning Commission was in a better position to evaluate the situation with the additional information that was provided this evening. Moved by Sharp, seconded by Edgar, to refer the parking study and evaluating correspondence that was presented this evening, back to the Planning Commission and have them look into the feasibili- ty of the clienteL being expanded by the new di- agnostic services that will be provided. Councilman Saltarelli expressed his opinion that ~'~ the Council should either approve or deny the change and dispense with the matter. Mayor Lang- ley agreed, stating that if the matter was referred back to the Planning Commission, it could again be appealed back to the Council. Councilman Welsh stated that since the Planning Com- mission had already heard this matter and with the City Council Minute~ 9/16/74 page 3 additional information provided this evening, they would have a more total picture to make the decision. Above motion carried b~ 3-2 vote, Councilmen Langley and Saltarelli voting no. Councilman Saltarelli requested that the $30. ap- peal fee be returned to the Hospital since no de- cision was reached by the City Council, Council concurred. 2. Zone Change 74-11 Application for rezoning of property consist. ing of the 68 unit Windsor Garden Apartments from the R-3 (2000) (Multi-Family) (Resident- ial) District to the PD (Planned Development) District for the purpose of eventually convert- ing the existing apartments to condominiums. Site consists of a 4.8 acre parcel located on the northeast side of Mitchell Avenue approxi- mately 660' + southeast of Red Hill Avenue. Mr. Fleagle outlined the staff report and pointed out that this zone change would put the existing development into a non-conforming status since it exceeds the maximum ground coverage permitted and thus does not provide the minimum 50% open space needed in a condominium development. The struc- tures could be taken out of the non-conforming status by a reduction in ground coverage through the elimination of units, and in this particular case by the filing of a tract map indicating such a reduction. The Planning Commission noted this and recommended approval subject to the stipulation that any future development plans be submitted in strict compliance with the PD (Planned Development) District Regulations, and the development standards of our City. Councilman Saltarelli questioned how many units would have to be removed to bring this project in- to conformance. The public hearing was opened at 8:20 p.m. Claude ~lements~, 17581 Irvine Boulevard, Tustin, responded to Councilman Saltarelli's question, that after an evaluation of the project, 8 units would have to be removed to obtain the necessary 50% open space. Mr. Clements comnented that if this project would be approved, they would not hes- itate to remove the eight buildings and retain the necessary parking spaces. Councilman Saltarelli questioned which buildings would be removed. Mr. Clements stated that they had not finalized any plans at this time but they would remove the buildings in the vicinity of the pool area so as to keep the recreation area and open space in one location. City Council Minutes 9/16/74 page 4 Mr. Fleagle stated that he had no objections to this proposal. Mr. Clemments stated that they would be willing to work with Staff to finalize the details of the project;however, the owners do not wish to sell at this time until the interest rates come down. Mr. Fleagle pointed out to the Council that this delay could have a severe impact on the project and perhaps they should continue this matter as a closed hearing to a time certain. Mayor Langley closed the public hearing at 8:30 p.m. Moved by Edgar, seconded by Sharp, to continue Zone Change 74-11 as a closed hearing to Novem- ber 18, 1974. Carried unanimously. 3. Pasadena-Carlann Annexation No~ 84 Protest Hearing Location: Pasadena Ave., Carlann Circle, Boleyn Circle. Mr. Gill explained that there are 17 property owners Involved in this annexation and 8 of them have registered letters of protest which repre- sents 81% of the total assessed valuation. Mr. Gill suggested that perhaps the annexation should be dropped because of the large number of pro- tests from the property owners. Councilman Saltaretli questioned Staff if the res- idents would be voting on this annexation? Mr. Rourke answered that it would not be the thing to do in light of the protests. Mr. Gill advised that some of the registered voters in the subject area had also registered protests. Mayor Langley opened the public hearing at 8:35 p.m. Mr. Riehard Rein, 13521 ~FLs3~a~e, Sahta Ana, claimedth~t'~e ~a~ not ~e~'~6~i~al~E the hear- ing but this could have taken place because the property has recently changed hands. Mr. Rein informed the Council that he does not wish his pro- perties to be annexed to the City of Tustin and his tenants do not wish to become a part of the City of Tustin. Councilman Saltarelli expressed his opinions that if these residents do not want any City services, the Council should see to it that no fire and po- lice protection is provided for this area, also no recreation facilities should be available to them. Councilman Sharp related to Mr. Rein that the City City Council Minutes 9/16/74 page 5 has to stretch every dollar just to provide services for its own residents. If the people in the County areas don't want to help pick up the tab, then it's a matter of economics that the City cannot provide any services to the County residents that don't wish to become part of Tustin. Councilman Saltarelli commented that he feels the people that live in that area should have a voice in their wishes, whether they want to be a part of Tustin or not. Councilman Edgar concurred that he feels an election should be held for those people that reside in that area. The public portion of the hearing was closed at 8:40 p.m. Councilman Welsh questioned Staff how much an elec- tion would cost. Mr. Gill responded about $2000. Moved by Saltarelli, seconded by Edgar, to have an election concerning Annexation No. 84 (Pasadena- Carlann) in March, 1975. Motion carried by 3-2 vote, Councilmen Langley and Welsh voting no. VI. PUBLIC CONCERNS 1. James Moffat, 13702 Saigon Lane, Santa Ana, stated his concerns relative to Annexation No. 84, and that he does not wish his properties to be an- nexed into the City and feels that the County pro- vides him with very good services. VII. CONSENT CALENDAR 1. APPROVAL OF MINUTES of September 3, 1974. 2. RATIFICATION OF DEMANDS in the amount of $82,155.14. 3. RESOLUTION NO. 74-70 A Resolution of the City Council of the City of Tustin AUTHORIZING THE MAINTENANCE OF CERTAIN CASH FUNDS WITHIN THE CITY FOR THE EFFICIENT CONDUCT OF BUSINESS. 4. RESOLUTION NO. 74-71 A Resolution of the City Council of the City of Tustin, California, ANNEXING TO THE CITY OF TUSTIN CERTAIN TERRITORY DESCRIBED HEREIN, AND DESIGNATED MYFORD REALIGNMENT ANNEXATION NO. 86. 5. OFFICE OF TRAFFIC SAFETY - ACCIDENT IDENTIFICA- TION AND SURVEILLANCE STUDY PROPOSALS. Authorization for the execution of a contract with the firm Governmental Professional Services, Inc., of Santa Ana subject to the final approval of the City Attorney and the California Office of Traffic Safety - as recommended by the City Engineer. Councilmen Edgar and Sharp questioned I~em No. 5, City Council Minutes 9/16/74 page 6 and how would this study fit into the picture of the Traffic Commission? Mr. Gill informed that this is a factual type study and will be used by the Traffic Commission when completed. Moved by Edgar, seconded by Sharp that all items on the Consent Calendar be approved. Carried unanimously. VIII. ORDINANCES FOR ADOPTION: 1. ORDINANCE NO. 635 An ordinance of the City Council of the City of Tustin ESTABLISHING REGULATIONS FOR DEDICA- TION OF LAND, PAYMENT OF FEES, OR BOTH FOR PARK AND RECREATIONAL LAND IN SUBDIVISIONS. 2. ORDINANCE NO. 636 An Ordinance of the City of Tustin, California, AMENDING THE TUSTIN CITY CODE RELATIVE TO BUILDING REGULATIONS, AND ADOPTING THE 1973 UNIFORM BUILDING CODE, 1973 UNIFORM MECHANICAL CODE AND 1973 PLUMBING CODE. 3. ORDINANCE NO. 637 An Ordinance of the City of Tustin, California, ADOPTING A UNIFORM FIRE CODE PRESCRIBING REG- ULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, AND ES- TABLISHING A BUREAU OF FIRE PREVENTION AND PRO- VIDING OFFICERS THEREFORE AND DEFINING THEIR POWERS AND DUTIES AND ADOPTING THE 1973 UNI- FORM FIRE CODE AND 1974 SUPPLEMENT THERETO. Moved by Saltarelti, seconded by Welsh that Ordin- ances 635, 636 and 637 have second reading by title only. Carried unanimously. The Secretary read Ordinances 635, 636 and 637 by title. Moved by Edgar, seconded by Welsh that Ordinances 635, 636and 637 be adopted. In response to Councilman Sharp's question pertain- ing to Ordinance No. 637, Morgan Hilton, Fire Chief, stated that this Ordinance does not change any procedures in the Fire Department but rather spells out duties more specifically. Councilman Saltarelli questioned if this covered prohibiting Fire Works in public places. Attorney Rourke answered that this could be added to Section 12.111 of the Fire Code and could be done by amend- ment at the next meeting so this Ordinance could be adopted tonight. Above motion to adopt Ordinances 635, 636, and 637 carried. Ayes: Langley, Sharp, Edgar, Saltarelli, Welsh. Noes: none. Absent: none. City Council Minutes 9/16/74 Page 7 ORDINANCES FOR INTRODUCTION 1. ORDINANCE NO. 638 An Ordinance of the City of Tustin, California, AMENDING THE TUSTIN CITY CODE TO PROVIDE FOR MEMBERS AND ALTERNATE MEMBERS OF THE LICENSE AND PERMIT BOARD. Councilman Saltarelli questioned this Ordinance and stated that he feels it is not necessary for a member to be able to designate his alternate. Moved by Edgar, seconded by Sharp that Ordinance No. 638 be read by title. Carried 4-1. Council- man Saltarelli voted no. Ordinance No. 638 read in entirety, substituting President of Chamber of Commerce for City Clerk. Moved by Edgar, seconded by Sharp that Ordinance No. 638 be introduced. Carried 4-1. Councilman Saltarelli voted no. X. NEW BUSINESS None XI. OLD BUSINESS 1. REVISION OF PLOT PLAN - MARK III APARTMENTS ( UP 73-17) Maurice Lebanoff, by letter of September 5, 1974, requests City Council reconsideration of its denial of a revision of the plot plan for the recreation area and open space for the 47 unit Mark III apartment complex located on the west side of Browning + 250 feet southerly of Nisson Road. Mr. Fleagle reported. that due to an oversight or misunderstanding, the applicant was not aware that the City Council would be considering this item on Tuesday, September 3, 1974. A request has there- fore been made to present to the City Council the justification for the proposed revision. Moved by Edgar, seconded by Saltarelli to recon- sider and hear representation on Use Permit 73-17. Carried unanimously. Bill Reed, Architect, 160 Centennial Way, Tustin, presented a chronological synopsis of events of the project, including revisions to the plans. He contended that the revised plot plans and land- scape plans had been submitted to the Building De- partment and that Mr. Lenorovitz had approved his revised landscape plan, as prepared by Mr. Frank Radmacher. Mr. Fleagle responded that there is no copy of a revised plan on file in the Community Development Department and no record nor acknowledgement of Mar. Lenorovitz's approval, other than for a wall plan. City Council Minutes 9/16/74 page 8 The Council questioned Mr. Reed how the building permit had been secured when the landscape plans were dated March 1974, signed in June 1974, and the permit was issued in January 1974. Mr. Reed answered that the plans were revised in March of 1974. Mr. Rex Waldo, Building Official, stated that he issued a permit on the basis of the Council ap- proved concept for recreation building. However, approved plans are on file that indicate 2 re- creation buildings. The Building Inspector be- came aware of the discrepancies when construction was started on two recreation buildings and a per- mit had been granted for only one. Mr. Frank Radmacher, Landscape Architect, 17501 Irvine Blvd., Tustin, explained to the Council that this new plan was much superior to the other plan because it provided a much better living en- vironment for the tenants. This revised design includes a jacuzzi, a sauna, an expanded pool deck- ing around it, a laundry room and other recreation amenities. A solid wood fence with some masonry "panels" is to be located along the 20' setback line. Eliminated in the process was the elevated wood decking, ponds and stream, recreation room and wrought iron fence. Mr. Radmacher stated that re- cent experience bears that streams are subject to bugs, mosquitoes and frequent maintenance is re- quired on the pumps for the streams. Coi~%cilman Edgar questioned if the view from Brown- ing would still be ground cover with berming and mounding. Mr. Fleagle answered that this would still be the desired concept. Moved by Edgar, seconded by Welsh to approve the plan as shown, with berming and mounding in the open landscaped areas, and wrought iron fence. Carried unanimously. 2. APPLICATION OF WILHELM PICH FOR RELOCATION ASSISTANCE BENEFITS. Mr. Rourke informed the/Council that the applicant, Mr. Pich, and his attorney, Mr. Dumhart, were in the audience. Councilman Saltarelli questioned if this action is to be a public hearing. Mr. Rourke stated that the Council should hear Mr. Pich and then make a decision, now or later, or call for a public hearing on the matter. Mr. Anton Dumhart, 12411 Gilbert St., Garden Grove, attorney for Mr. Pich, informed the Council that he had received the memo from Mr. Rourke dated June 20, 1974. Mr. Boznanski was advised at the first meeting with Mr. Dumhart and Mr. Pich that Mr. Pich was unsuccessful in obtaining a place for relocation and would apply for in-lieu bene- fits. Mr. Dumbart stated that he wanted to clear up some inaccuracies in the report from Mr. Rourke: Mr. Pich was paying $180 per month for rent and not over $200. Mr. AndersOn is not a friend but it was a landlord-tenant arrangement. (Mr. Dumhart said that they had tried to reach Mr. Anderson to be present at the meeting tonight but could not get in City Council Minutes 9/16/74 page 9 touch with him). The property at 465 W. First Street does not accommodate four cars in covered areas and fourteen cars in the open, but has 3 stalls and 4 parking spaces inside repair shop. Mr. Dumhart related to the Council that he felt the 465 W. First Street property was not a com- parable property and had substantially less area than 155 W. First Street. Last year Mr. Pich moved his business to Santa Ana and then to Lake Elsinore and feels he should be fully awarded $10,000. Councilman Saltarelli stated that a thorough and concise report should be presented to the Council. Mr. Pich has a right to a speedy decision and Mr. Saltarelli thought a decision should be made at the next meeting. Councilman Edgar concurred and stated that he felt the Council should be fair in whatever they do in this matter. This matter will be determined at the October 7, 1974 meeting. XII~ OTHER BUSINESS 1. ORANGE COUNTY MANPOWER COMMISSION GRANTS Mr. Gill advised that recently the Orange County Manpower Commission made available potential em- ployment grants. The City of Tustin has received notification that the Youth Development Program I has been funded in the amount of $4,884.00. This money will enable the City to employ six part time high school students in the following areas: three boys in the Maintenance Department, two students as playground supervisors and one stu- dent to perform general office work. This pro- gram will allow the students to work ten hours per week. In response to Councilman Welsh's question, Mr. Gill responded that the salary for the students would be $2.00 per hour. 2. PEDESTRIAN WALK ON EAST SIDE OF.RED HILL NORTHERLY OF WALNUT The subject walk was reviewed by the City Council at their meeting of September 3, 1974, with the finding that it would be feasible to install an asphalt concrete walkway adjacent to the easter- ly side of the Red Hill Avenue roadway. Councilman Saltarelli questioned if this matter has been discussed with the property owner. M~yor ~La~le~~ answered that he had discussed this with Mr. NissOn, the property owner, and received his permission. Moved by Saltarelli~ seconded by Welsh, that work commence as soon as possible for the pedestrian ~flkway. Carried c~unanimously. City Council Minutes 9/16/74 page 10 3. FIRST STREET STRIPING AND SIGNING - NEWPORT FREEWAY TO PROSPECT AVENUE Councilman Saltarelli recommended to proceed with the plan as studied and presented by the staff. 4. EASTBOUND LEFT TURNS AT FIRST STREET AND NEWPORT Councilman Welsh commended Staff on the excellent report and suggested that the report be forward- ed to interested parties. Mayor Langley questioned staff if the traffic sig- nal could be delayed for the west bound movement so that the east bound traffic turning left would have a clear intersection. Mr. Ledendecker, City Engineer, stated that atthis time he is not familiar with the type of equipment used at the intersection but a study will be made as ~o which model is feasible and what the cost would be. 5. ENVIRONMENTAL PROTECTION AGENCY REGULATIONS Mr. Fleagle reported on the new regulations from EPA, regarding parking lots that accommodate more than 250 vehicles, which are scheduled to beef- fective January 1, 1975. There are three alter- natives for obtaining a~!7~permit. a. Application to the San FranbiscoEPA Of- fice, with minimum of 90 day review period. b. ~i~y~.~ermit ~o~he~f~nding~th~ the~park, i~im~ets~a~ci~y~p~rkin~i-~anagement!plan ~ Was a~6p~ea i~ accordance with ~he EPA Guidelines. c. The administration of a parking management plan by a regional agency such as SCAG or the Air Pollution District. After some discussion among the Councilmen regard- ing their displeasure with these regulations, Council directed the City Attorney to prepare a resolution to attempt to gain legislative support for rescission of the EPA parking management reg- ulations, and to be forwarded to the ICC for dis- ~tribution. 6. SEPTEMBER 30 WORKSHOP Councilman Edgar requested that a Workshop Circle of 20 or so be set up for the September 30,1974 combined workshop. Mr. Edgar stated that he felt it was important to receive the material a few days in advance. 7. MAINTENANCE YARD Councilman Edgar questioned staff if a time table had been established with the School District for the future maintenance yard. City Council Minutes 9/16/74 page 11 Mr. Gill informed the Council that Dr. Clemmer was on vacation in August and a meeting with the School District will be held in the near fu- ture . 8. NEW CIVIC CENTER LANDSCAPE PLANS In response to Councilman Edgar's question, Mr. Gill answered that the southerly parking lot plans will not be designed until the Library plans are firmed up. 9. LEAGUE OF CITIES DINNER, SEPTEMBER 26 Councilman Saltarelli informed the Staff that he was pleased to hear that Monsignor Sammon was the guest speaker at the upcoming League of Cities Dinner on September 26, 1974. XIV. ADJOURNMENT Mayor Langley adjourned the meeting at 11:10 p.m., to a Personnel Session, then to the Sept- ember 30, 1974 workshop session (7:00 p.m.), then to the regular meeting on October 7, 1974 (7:30 p.m.). MAYOR cz~m~ ~