HomeMy WebLinkAboutCC MINUTES 1973 03 05 MINUTES OF A REGULAR MEETING
TUSTIN CITY COUNCIL
March 5, 1973
CALL TO
ORDER Mayor Miller called the meeting to order at 7:34 p.m.
II.
PLEDGE OF
ALLEGIANCE Led by Councilman Woodruff.
III.
INVOCATION Given by Councilman Langley.
IV.
ROLL CALL Present: Councilmen: Miller, Saltarelli, Langley,
Welsh, Woodruff.
Absent: Councilmen: None.
Others present: City Administrator Harry Gill
Asst. City Admin. - Community
Development Ken Fleagle
City Attorney James Rourke
City Clerk Ruth Poe
PUBLIC
HEARINGS 1. FIRST STREET UNDERGROUND UTILITY DISTRICT
NO. 2 (Location: First Street between the
Newport Freeway and Prospect Avenue)
Mr. Gill gave the background, explained the extent
of work to be done at property owners' expense, and
stated that the City Attorney is investigating the
possibility of some form of bonds. Individual prop-
erty owners have not yet been advised of their esti-
mated costs because estimates have only recently been
received; all affected property owners were advised
of this hearing, however.
Mayor Miller opened the public portion of the hearing
at 7:40 p.m.
Mr. William R. Zschernig, 750 West First Street,
inquired whether his property at the above address
would be affected; in reply to questioning, he stated
that he is served from Pasadena Street, not from
First. He was advised that he Ks not located within
the proposed district.
Mayor Miller commented that he was not in favor of
going ahead with this kind of action without knowing
how people will be affected, and how payments of the
assessments could be extended.
After the Council was provided a copy of the notice
property owners received, Mayor Miller noted that
there was no indication from the notice that there
may be a cost to the individual property owner.
Councilman Saltarelli proposed adopting the Resolu-
tion establishing the District, and then have the
staff seek alternative methods of payment over ~
period of'time, and send out notices to property
owners of estimated costs involving their properties.
He noted that in most casesl these people were paid
a decent sum of money for needed right-of-way~ and
it may be in only a few cases that paymen~ of this
assessment will be a problem.
Mr. Gradv Henry, President of the Chamber of Co;mnerce,
state'~c that the Chamber Board of Directors had
City Council Minu~c
~/5/73 ~9~ z
unanimously voted to support this underground utility
district.
/' RESOLUTION NO. 73-15
A Resolution of the City Council of the City
of Tustin, Californfa, ESTABLISHING FIRST
STREET UNDERGROUND UTILITY DISTRICT NO. 2.
Moved b~ Woodruff, seconded by Saltarelli that, sub-
ject to property owners being notified of estimated
costs, Resolution No. 73-15 be read b~ title only.
Carried unanimously.
The secretary read Resolution 73-15 by title.
Moved by Woodruff, seconded by Saltarelli that
Resolution No. 73-15 be passed and adopted. Carried.
Ayes: Miller, Saltarelli, Langley, Welsh, Woodruff.
Noes: none. Absent: none.
MOved by Welsh, seconded by Miller that the staff
report at the next meeting on alternative financing
methods to reduce the burden to property owners.
Carried unanimously.
2. ZONE CHANGE NO. 73-1 OF HARRIET O. ENDERLE BY
MESSRS. HAMER AND CARPENTER.
Application of Messrs. Hamer and Carpenter
for a zone change from R-1 to-Professional
District for property located on the westerly
side of Yorba and approximately 727 feet
south of 17th Street.
Mr. Fleagle summarized the background of this action
from staff reports.
Mayor Miller opened the public portion of the hear-
ing at 7~56 p.m.
Mr. Norman H. Smedegaard, Attorney, of Rutan and Tucker,
401 Civic Center Drive West, Santa Ana, presented to
the Council a letter attached to a copy of that portion
of the Zoning Ordinance listing permitted uses and
requirements of the Pr District. He stated that
residential would not be a good use for the property
in question~ while Pr zonzng would not create the
problem of additional school children in the area~
would provide a buffer between freeway noise and
residences to the east, and between commercial
development on 17th and residences to the south;
would generate no traffic during late night and early
morning hours or on weekends or holidays; is not in
conflict with the Conservation Element of the Tustin
Area General Plan. Mr. Smedegaard showed a conceptual
plot plan and elevation for the property and acknow-
ledged that driveway locations, direction of traffic
flow, parking, lighting, design of buildings, etc.,
will all have to be approved by the City.
Mr. A. J. Hamer, 160 Centennial Way, Tustin, one of
the applicants, stated that according to Jack
Ridenour, Chief Land Feasibility Coordinator for FHA
in Orange County, a four-house devel-
opment at this location is not feasible because of
high sound attenuation factor due to the proximity
of the freeway and two auto centers, and because of
City Council Minutes
3/5/73 Page 3
air pollution from exhausts. Mr. Hamer stated that
a representative of Tustin Properties, developer of
homes just south of this property, felt that resi-
dential development would be unfeasible economically
due to excessive cost ofstreet' improvements in rela-
tion to the size of the project (four homes). Mr.
Hamer stated that two residents of Enderle Gardens,
Jack de Vries and Walter Schmid, were opposed to
R-i zoning ~t the entrance to Enderle Gardens.
Mr. A1 Enderle, speaking for his mother, Harriet O.
Enderle, 14192 Yorba, Tustin, stated that his obser-
vations of the parking situation at a professional
office building at Yorba and Irvine indicated that
parking will not be a problem on this property, and
also said that he has not been approached for R-1
development on the property since the freeway went
in, but there have been approaches about professional
office development.
There being no further comments or objections, Mayor
Miller closed the public portion of the hearing at
8:15 p.m.
Moved by Saltarelli~ seconded by Welsh that the
findings of the Planning Commission as contained
in Resolution No. 1321 be upheld and the City Attorney
be instructed to prepare the i~plementing ordinance.
Mayor Miller opposed the motion because, while this
is a problem property, its value has been increased
by the freeway offramp, and so the.owner is com-
pensated in other ways for the problems created.
The properties southerly of this parcel are well
maintained, so it would be possible to put in houses.
He did not believe it to be fair for those owning
property on Jacaranda with side yards on Yorba to
change the area to the extent proposed°
Councilman Woodruff disagreed that R-1 would be more
desirable under the circumstances, but recommended
that the Planning Commission be instructed to ini-
tiate zone change proceedings on the R-3 parcel to
the north.
Above motion carried by 4-1 vote, Mayor Miller voting
no.
Moved by Woodruff, seconded by Welsh that the staff
be directed to request the Planning Commission to
initiate a zone change on the adjacent parcel, from
the northerly property line of this parcel to the
southerly property line of the C-2 parcel on the
southwest corner of 17th and Yorba, to rezone from
R-3 to Pr. ~Carried unanimously.
3. ZONE CHANGE NO. 73-2 HERBERT ZAREMBER
Application of Herbert Zarember, Box 1303,
Tustin, for a zone change from PC-R~3 (1750)
to R-3 (!750)t in conjunction with a parcel
map property division, to authorize the re-
tention of a parcel 100 feet by 125'.12 feet
in existing use as a duplex with potential
of future development to accommodate seven
dwelling units.
Cit~' Co'nn~~'~ ~,~n .....
3/5/73 Page
Site fronts 100 feet on the west side of
Willimns Street at thelintersection of
Alliance, immediately adjacent to Heideman
Elementary School, known as 15625 Williams.
Mr. Fleaqle stated that the Planning Commission had
conductea a public hearing on February 12, 1973, and,
by Resolution No. 1317, unanimously recommended
approval to the City Council of the zone change,
as amended by the Commission, from PC-R-3 (1750)
District to the R-3(2000)R-3(3000), subject to the
public improvements required by the City Engineer,
and with the further condition that development of
units with not more than one bedroom shall be at a
ratio of one unit for each 2,000 square feet of land
area, and if development consists of any units in
excess of one bedroom, the development ratio shall
be one unit for each 3,000 square feet of land area
p~r unit.
Replying to the Council's questions, Mr. Fleagle
stated that there will be 104 units in the develop-
ment to the south recently approved by the Planning
Commission, and that, in conjunction with the parcel
map division, the City Engineer set as conditions
full street improvements including curb, gutter, and
street paving, which the owner of the southerly 4.4-
acre parcel accepted. The Planning C0mmisslon also
recommended that orange trees should be saved, if
possible.
Mayor Miller opened the public portion of the hear-
ing at 8:30 p.m.
Mr. Herbert Zarember, P.O. Box 1303, Tustin, stated
that he was informed by City staff that if he sold
the southerly portion of his property and the three
parcels were then developed individually, the best
density he could get for his property would be four
three-bedroom units; he learned after the Planning
Commission hearing that he would be permitted six
one-bedroom units or four two-bedroom units under
R-3(2000)R-3(3000) zoning. He felt that he deserved
additional consideration.
There being no further comments or objections, Mayor
Miller closed the public portion of the hearing at
8:33 p.m.
Mayor Miller explained that the staff had tried to
reduce population density rather than unit density,
a principle in line with what the Council is looking
for, and that it was felt that Zarember's property
should be included in development of the 4.4-acre
parcel to the south so that there would be less
congested access to Williams and a wider frontage
for development would enh'a,nce the appearance of the
street.
Councilman Saltarelli stated that there will be a
better development at this location because Mr.
Zarember did not sell to a third party, and he did
not think that requirlng one less unit would be of
any major significance in controlling density in
this high density area; it is not fair to the small
property owner to be deprived of the same kind of
density as adjacent properties just because his lot
is smaller, R-3(1750) zoning did appear to be real-
istic for this property, and it is possible that it
may be developed at less than seven units anyway.
City Council Minutes
3/5/73 Page 5
Councilman Woodruff agreed, and stated that the
1750 density was warranted particularly because of
the City's apparent change of position.
Mr. Fleagle. stated that the Council reluctantly
approved the PC-R-3(1750) zoning on this property
originally only on the assumption that development
could be incorporated in the southerly parcel;
their concerns were the narrow 170-foot frontage
for a density of'1750. The City's"position has not
changed. There is still reluctance to see develop-
ment of 100 feet of frontage with seven or eight
units on it.
Following discussion, Mayor Miller moved that the
action of the Planning Commission be overruled,
and the zone change denied, with zoning therefore
to remain PC-R-3(1750).
Motion died for lack of second.
Mr. Fleagl~. stated that the Planning Commission felt
that the intent of the Zoning Ordinance would pre-
clude this parcel remaining in PC zoning as a separate
parcel. A project this size could not compete with
other larger onesw and would have to go to family-
oriented units.
Moved by Saltarelli that the findings of the Planning
Commission, as contained in Resolution 1317, be ovbr-
ruled and that subject property be zoned R-3(1750),
and that the City Attorney be instructed to prepare
the necessary ordinance.
There being no second, Mr. Saltarelli amended the
motion to include the requirement that final develOp-
ment plans be subject to review and approval by the
Development Preview Commission.
Motion died for lack of second.
Following further discussion it was moved by Woodruff,
seconded by Miller that application for a zone chang~
from PC-R-3(1750) to R-3(1750) be denied (to retain
PC-R-3(1750) zoning).
Councilman Saltarelli stated that the City has
achieved a safer and wider entryway to the adjacent
project, which may have depreciated Zarember's prop-
erty. He could not see how a planned community could
be required in a quarter-acre of land.
Mayor Miller withdrew his second to Mr. Woodruff's
motion.
Councilman Woodruff withdrew the motion°
Moved by Saltarelli, seconded by Woodruff that the
action of the Planning Commission as containe~ in
Resolution 1317 be overruled, and that the subject
property be zoned R-3(1750) subject to all the usual
conditions for developmenE under that zone(proper~y
will be developed in accordance with the policies
adopted by the City Council, the Uniform Duilding.
Code, Fire Code, stree~ improvement requirements and
final development ~].ans subject no review and approval
by the DevelopmenE Preview Commission) and subject ~o
the }~rovzs~ons of Section 2 of Resolution No. 1317.
Carried unanfmously.
City Council l-~irlutes
3/5/'i ,"~ .
4. ZONE CHANGE NO. 73-3, PLANNING COMMISSION
INITIATED.
On the motion of the Planning Commission, a
zone change for the purpose of changing from
the R-1 (Single-Family) to the P & I (Public
and Institutional) District to establish a
neighborhood park. Site is located on a 4.2-
acre parcel at the southwesterly intersection
of Red Hill and Bryan Avenues.
Mayor Miller opened the public portion of the hear-
ing at 9:05 p.m. There being no comments or objec-
tions, he closed the public portion of the hearing.
Moved by Welsh, seconded by Woodruff that the find-
~ngs of the Planning Commission as contained in
Resolution No. 1318 be upheld, and that the City
Attorney be directed to draft the necessary ordinance.
Carried unanimously.
5. AMENDMENT TO ORDINANCE NO. 438 (SIGN ORDINANCE)
TO REQUIRE THE REMOVAL OF BILLBOARDS
On the motion of the Planning Commmssion, an
amendment to the Siqn Ordinance is recommended
to require the removal of billboards, follow-
ing an amortization period.
Mr. Fleagle stated that the Planning Commission had
recommended an amortization schedule providing for
removal of billboards after three years from the
date of adoption of an ordinance so providing, and
thereafter each sign with original cost of construc-
tion of more than $2,000 shall have an additional year
of life up to a maximum of five years. This schedule
was arrived at by reviewing ordinances of other cities,
which have been tested in the courts and were upheld.
Notices were furnished to property owners and to
billboardsmanufacturing firms. No one spoke in oppo-
sition to this proposal during the public hearing
conducted by the Planning Commission on February 12,
1973.
Mayor Miller opened the public portion of the hear-
ing at 9:10 p.m.
Mr. Loran Norton, Carter Outdoor Advertising Co.,
3321 West Castor, Santa Ana, spoke against the pro-
posal based on the "struggle for survival of free
enterprise", which is dependent on advertising,
consideration of thousands employed directly or in-
directly by the outdoor advertising industry,
the impossibility of defining visual pollution, and
the fact that the mssue has not been fully tested
in the courts. He requested tabling the amendment
pending a meeting of the City Council with members
of the industry.
Mr. Grady Henry, President of the Chamber of Commerce,
questioned the intent of Section 1, paragraph c(1) of
Planning Commission Resolution No. 1320, .and whether
it would do away with bus stop bench advertising.
Mr. Rourke stated that bus stop benches are not non-
conforming; they are specifically provided for in the
Sign Ordinance. He explained that an on-site sign
~s one located on the same premises advertising goods
or services offered on the same premises. Billboards
City Council Minutes
3/5/73 Page 7
advertise items not for sale on the property where
the sign is located.
Mr. Bob Reed, Foster and Kleiser, 1550 West Wilshire
Boulevard, Los Angeles, agreed with Mr. Norton's
presentation, and added that the ordinance will
not be effective as the signs will probably not be
removed at the end of the amortization period.
Billboards should be permitted in commercial and
industrial zone~, with controls.
Mr. Van Ostrand, property owners' representative
for Carter Outdoor Advertising, agreed with pre-
vious speakers against this proposal.
There being no further comments or objections,
Mayor Miller closed the public portion of the
h~aring at 9:50 p.m.
In reply to Councilman Langley's question, Mr.
Rourke stated that the City has no jurisdict'~ over
~aterial on billboards. He added that it would
pose no great problem to have the billboards re-
moved at the end of the amortization period, with
a court order.
Councilman Woodruff stated that one month ago, the
California Supreme Court handed, down an opinion
unanimously upholding the City of Escondido's Zoning
Ordinance with regard to amortization of billboards,
and that this is within the police power of the dity
to do so; this decision reaffirmed about a half-dozen
test cases that had been in intermediate Appellate '
Courts throughout the State for a period of years.
He stated tha~ nationwide, billboards are being
recognized as visual blight; they do not benefit
the local businessman.
Moved by Woodruff, seconded by LangleX that the
findings of the Planning Commission as contained
in Resolution No. 1220 be upheld, and the City
Attorney be directed to draft the necessary i~ple-
menting ordinance. Carried unanimously.
VI.
PUBLIC
CONCERNS NONE.
VII.
CONSENT
CALENDAR 1 APPROVAL OF MINUTES - February 20, 1973, meeting.
2. RATIFICATION OF DEMANDS in amount of $277,319.27-
3. RIGHT-OF-WAY EASEMENT DEEDS AND AGREEMENTS
First Street AHFP Project ~604.
Execution of agreements and acceptance of deeds
as recommended by the City Engineer.
4. DENIAL OF CLAIM OF HELENE DAVIDSON, as recommended
by the City Attorney.
Moved by Langley, seconded by Saltarelli that all
items on the Consen~ Calendar be approv~d. Carried
unanimously ·
City Council Mi~quces
"_,~ORDiNANCES
FOR
ADOPTION 1-. ORDINANCE NO. 573
An Ordinance of the City Council of the City
of Tustin, California, AMENDING THE ZONING
ORDINANCE TO REQUIRE TWO (2) PARKING SPACES
PER DWELLING UNIT IN THE PLANNED DEVELOPMENT
DISTRICT.
Moved by Saltarelli, seconded by Welsh that Ordinance
No. 573 have second reading by title only. Carried
unanimously.
The secretary read Ordinance No. 573 by title.
Moved by Welsh, seconded by Langley that Ordinance
No. 573 be adopted. Carried. Ayes: Miller,
Saltarelti, Langley, Welsh, Woodruff. Noes: none.
Absent: none.
IX~
ORDINANCES
FOR
INTRODUCTION NONE.
RESOLUTIONS NONE.
XI.
OLD
BUSINESS 1. TUSTIN BRANCH LIBRARY SITE
Councilman Saltarelli reviewed some aspects of staff
reports on the subject of possible sites for the
Tustin Branch Library, and stated that the City
should proceed with some method of getting the
Library constructed concurrently with Civic Center
development if it is the Councit's intention to
locate the Library on the Civic Center site. Pos-
sibilities for accomplishing this would be to look
into private financing and having the Library built
and lease it to the County Library on a lease-purchase
agreement; or the City build and operate the Library
itself, which does not seem to be immediately feasible.
The other Council members concurred that the Library
should be built on the Civic Center site.
Councilman Saltarelli stated that the City should
not donate the land to the County, as the Library
also serves the adjacent County residents.
Mayor Miller agreed. He requested that the City
Administrator investigate financing possibilities
and report at the next m~eting, and contact Super-
visor dlark's office to determine whether the County
would be interested in this type of arrangement.
Mr. Gill stated that this approach had not been
directly discussed with the County Librarian. The
County is desirous of continuing the $500,000 allo-
cation for the Tustin Branch Library in next year's
budget. He noted that the County feels no real
urgency to move out of the pxesent Library, but
finds it preferable to move to larger quarters just
as a convenience to the public; also, there had been
some concern expressed by the County as to the loca-
tion of the Library facility within the Civic Cen~er
City Council Minutes
3/5/73 Page 9
site itself. Mr.'Gill stated that the Library
should and can be an integral part of Civi~ Center
development; it is important to the City that the
same architect be used for the Library or one whose
style is very compatible with that of the Civic
Center design.
2. FIRE PROTECTION
Mr. Gill answered the Council's questions about
the proposed SATO Communications Center, explaining
that it was developed as a three-city concept (Santa
Ana, Tustin, Orange) to be implemented as such
initially, without inclusion of the County at this
time; the County has its own communications net.
If another City later decided to join, it would
have to pay its fair share of the initial cost
and then share in the cost of operations, which
w6uld in turn reduce the costs for all cities in-
cluded. The Communications Center would provide
24-hour staffing for the three cities.
Councilman Saltarel!i stated that the SATO concept
sounds good and should be considered, but an
overall objective for the City in regard to fire
service should be established.
Councilman Langley stated that he was convinced that
the County could not adequately fill the City of
Tustin's fire service needs. The SATO concept will
provide better response time and backup. The solu-
tion to better fire service in the City is to improve
on the existing City Fire Department.
Councilman Saltarelli agreed, stating that the City
should either get out of the fire service completely,
or build a good Fire Department. The taxpayer has
the right to the best possible fire and police pro-
tection~ and funds should be programmed for addi-
tional equipment and companies to provide that ser-
vice.
Councilman Welsh agreed the citizens should be offered
the type of service they're paying for, and the ques-
tion is what method will provide the best service at
the lowest cost.
Mayor Miller stated that the Council hasn't the infor-
mation to do a real cost benefit comparison. He
noted that there is a special fire district in the
Cypress area in which three cities contract for
service with the County and the program is effective,
although he did not know the cost or source of
funds involved. He did not think that the Council
should reject looking into the possibility of con-
tracting for fire service.
Replying to Council's questions, Mr. Gill stated
that separate agreements would have to be made
with the Cities of Santa Ana and Orange, with 90
days notice for termination of the agreement. Those
cities have indicated that they would concur in these
agreements. But Tustin will have to have an adequate
Fire Department, and the capital cost of the Communi-
cations Center is not as great a problem as getting
our companies up to the proper strength.
Mayor Miller stated that this would have to be con-
sidered in the light of a total City budge~ program.
3/5t'/S l~agu t0
Moved by Welsh, seconded by Langley that two entry-
level £iremen be authorized.
Replying to questioning, Mr. Gill stated that it
was his impression that t5 City could move into
the concept and execute agreements in the near
future without being up t6 full strength; manpower
needs can then be discussed at upcoming budget
sessions. Regarding the possibility of the County
paying 50% of the cost of the Communications Center
with their revenue sharing funds, the Center does
fit the County's policy to aid as many cities as
possible with the least amount of money. If the
Council approves Tustin's participation in the
SATO Communications Center, the City should contact
the Board of Supervisors to support the proposal.
If the County agrees to participate in the costs,
the Cities of Orange and Santa Ana can still proceed
with the Center even if Tustin decides not to parti-
cipate, following Council consideration of the whole
concept, operation and costs. He recommended a
Council workshop on this subject.
Above motion to authorize the .hiring of two entry-
level firemen carried by 4-1 vote, Miller voting no.
Moved by Saltarelli, seconded by Langley that the
Council support the SATO Communications Center
before the Board of Supervisors.. Carried uhanimously.
Mr. Maurice Elsner, Chief of the Red Hill Volunteer
Fire Department, 13112 Newport Avenue, Tustin, recom-
mended that the Council investigate using the County
fire service system, which weuld be cheaper and
superior to the SATO idea. He spoke in support of
some type of mutual aid system with the County, and
submitted to the Council a copy of his remarks.
3. STREET ALIGNMENT AT FIRST AND "B" STREETS
Mrs. Mary Hernandez, Chairman of the Parks and Recrea-
tion Commission, requested that the Council act to
retain the pepper trees on the southeast corner of
First and "B" Streets, in Peppertree Park, as the
trees are healthy, the park was named after them,
and Tustin's theme is "City of Trees". This position
was the consensus of the entire Parks and Recreation
Commission.
Moved by Miller, seconded by Woodruff that the
Council's policy will be that "B" Street will no~
be realigned in con]unction with the First Street
widening prolect in order to preserve the pepper
trees in PepperTree Park.
Councilman Saltarelli stated that, while he would
like to save the trees, their doubtful longevity
does not justify maintaining a dangerous intersection
and discarding an opportunity to solve a serious
traffic problem at reasonable cost.
Councilman Langley agreed, and added that leaving
the trees is not justifiable in view of the major
commitment to improve First Street, which has seri-
ously affected businesses and residential buildings
along the street. CoUncilman Woodruff agreed.
City Council Minutes
3/5/73 Page 11
Mayor Miller stated that "B" Street is a minor
street both north and south of First Street, and
lacks the traffic generation to justify realign-
ment. Councilman Welsh concurred, adding that
"B" Street is too narrow to handle heavy traffic.
Councilman Saltarelli stated that to sacrifice
a great deal of long range planning for two trees
is unwise, and recommended replanting of good
size pepper trees in the park.
Above motion failed by 2-3 vote, Councilmen
Langley, Saltarelli, and Woodruff voting no.
Mayor Miller very strongly urged that the camphor
trees on the southwest corner of First and "B"
be retained.
XII.
NEW
BUSINESS 1. APPEAL OF FOSTER ART SERVICE TO DEVELOPMENT
PREVIEW COMMISSION DENIAL OF LANDSCAPE PLAN
APPROVAL (DP-71-212)
Mr. Fleagle stated that the Council, on appeal, had
overruled the Planning Commission decision denying
a use permit to allow location of the County Coroner's
facilities in the Foster complex,on Sixth Street,
and by Resolution No. 73-1 specified that they
approved the use permit subject to the completion 0
of landscaping as indicated on plot plan #1007,
submitted with the subject application. Mr. Fleag!e
showed a copy of that plan, which was subject to
review and approval by the Development Preview
Con~nission. A substitute landscape plan was sub-
mitted to the DPC, which was denied approval based
on less landscaping shown and no provision for
shielding the impact of the mass of the exposed
buildings at this location. The Commission wanted
wall planters and additional trees at this location.
Mr. Tom Boyles, Foster Art Service, Inc., 430 ~est
Sixth Streetr Tustin, described differences in the
two plans submitted, and reasons for the changes
in the alternate plan had to do primarily with
traffic circulation and parking. He provided the
Council with pictures of the site.
Mr. Walter Foster complained that the City would
not allow utilities in the buildings to be turned
on, causing inconvenience to tenants.
Mayor Miller explained that the occupancy permit
had no~ been issued because of the lack of compliance
with the original conditions of the use permit. The
staff has acted correctly in this.
Moved by Woodruff, seconded by Welsh that the find-
ings of the Development Preview Commission be upheld.
Carried unanimously.
Following further discussion, Mr. Fleagle was asked
to convey to the Development Preview Commission the
applicant's desire for more direction as to the
number and type of trees.
Moved by Woodruff, seconded by Welsh that occup~nc~
Fermi ts be i s sued s u}~ - ect uo the aE~,~_ig~_n_tlEe~~ 'j!~
~2i~ ~isl ~? tii'~r security uo assure installation
Following discussion of whether S200 would be a
sufficient amount for installation of planters, etc.,
'Councilman Welsh withdrew his second to the motion.
Councilman Saltarelli stated that the DPC should
take into consideration the applicant's legitimate
concern about trees obscuring the tiled canop!es,
and occupancy permits can be issued as soon as
Mr. Foster and the DPC reach agreement.
In reply to Councilman Saltarelli's question, Mr.
Rourke stated that it would be questionable to
issue certificates of occupancy subject to an
agreement supported by a bond to do construction
work and landscaping on Mr. Foster's property,
as it would cause a great deal of difficulty if
Mr. Foster did not install the improvements. Gen-
erally, these types of agreements have to do with
improvements on public property.
4. REQUEST FOR STOP SIGNS AT BRYAN AND FARMINGTON
(This item was taken up out of order by request of
persons in the audience.)
Mr. Jack Tobin, 13421 Farmington, Tustin, spokesman
for those who signed the petition requesting a stop
sign at Bryan and Farmington, stated that the peti-
tion was a result of concern about the danger to
children which the intersection poses due to speeding
cars.
In reply to Council's questions, Mr. Gill stated
that the location does not meet warrants for a
stop sign or crossing guard, and that he did not
recommend any change for that intersection. The
cost of a crossing guard is about $2,000 per school
year.
Followin~ Council comments, it was moved by Miller,
seconded by Welsh that a crossing guard be provided
at this intersection through the end of the school
year in June. Carried unanimously.
Councilman Woodruff requested that the staff report
to the Council after school is out on the effect
of having a crossing guard at that location.
2. TREE REPLACEMENT, AMHERST ROAD
Moved by Langley, seconded by Welsh that the mul-
berry trees on Amhers~ Road be replaced and that
the Parks and Recreation Commission be involved
in the type of tree to be hsed.
Moved by Saltarelli, seconded by Woodruff that this
matter be continued as a budget item and that the
Maintenance Department provide a list of all neces-
sary tree replacements at budget time. Carried
unanimously.
3o CONSIDERATION OF USE PERMIT (UP-73-5), WALKER
& LEE REALTY OFFICE, SAN JUAN AND RED HILL.
Replying to the Mayor's concern about the eucalyptus
trees along San Juan being retained, Mr. Flea~le
stated that it is a condition of Development Dreview
Commission approval thaL the stand of eucalyptus
City Council Minutes
3/5/73 Page 13
trees will be retained if feasible to develop the
curb and sidewalk within the public ~ight-Df-way.
Moved by Miller, seconded by Langley that the
Council approve the development standard~ and
design and uphold the findings of the Planning
Commission as contained in Resolution No. 1316.
Carried unanimously.
XIII.
OTHER
BUSINESS 1. SPHERE OF INFLUENCE, CITY OF ORANGE
it;was the consensus of the Council that the City
Administrator be authorized to respond to the Local
Agency Formation Commission expressing the Council's
endorsement of the City-of Orange's proposed Sphere
of Influence, as it relates to the northerly bound-
ary of the adopted Tustin Sphere of Influence.
2. PROSPECT AND BENETA PARK SITE/MAINTENANCE YARD
Mrs. Mary Hernandez, Chairman of the Parks and Recre-
ation Commission, stated that the Commission had gone
on record opposing temporary relocation of the City
Maintenance Yard to the Smith property on Prospect,
based on possible alienation of the McCallas and
proximity to the school.
Mr. Gill stated that the principal of Columbus Tustin
School was to discuss this with the new Superintendent
and District Board at this evening's meeting, and
he felt that, based on information Mr. Gill had pro-
vided, there would be no objection by the Board to
the City placing the Maintenance Yard at that location.
Also, the City may want to consider retention of the
existing structures and pool on the Smith property
for incorporation in the park design; Public Works
activity at the site would not be detrimental to ~he
property.
Councilman Saltarelli stated that the Council intends
to get the McCallas' property in the City~s name as
soon as possible and allow the McCallas to live there
for a period of time in the future, so complete
development of the park may be about 18 months away.
The staff was asked to send copies of the plot plan
for the Maintenance Yard to the Councilmen and to
Mrs. Hernandezo
3o RED CURBED CUL-DE-SACS IN TUSTIN MEADOWS
Councilman Langley stated that since City staff and
the Tustin Meadows Homeowners Association have ex-
pressed no great need for the red curbs in Tustin
Meadows cul-de-sacs, that they be eliminated.
Other Councilmen suggested that this matter be deferred
to the next Council meeting.
4. TUSTIN MEADOWS SEWER LIDS
Councilman Welsh asked the staff to look into the
matser of children removing lids and climbing into
the sewers in Tustin Meadows.
3/5/73 Page 14
5. SIDEWALK ON SAN JUAN
Staff was directed to contact the County about
progress of sidewalk installation on San Juan
between Lambert School and Newport Avenue.
XIV. '
-- ADJOURNMENT The meeting adjourned at 1:03 a.m. to an
Executive Session.
CALL TO ORDER The meeting reconvened at approximately 2:20 a.m.
RESOLUTION NO. 73-16
A Resolution of the City Council of the City
of Tustin, California, DESIGNATING IRVINE
RANCH WATER DISTRICT AS THE SUPPLIER OF
WATER TO A PORTION OF THE CITY OF TUSTIN.
It was moved, seconded, and unanimously carried
that Resolution No. 73-16 be read by title only.
Resolution No. 73-16 was read by title.
Moved, seconded and unanimously carried that
Resolution No. 73-16 be passed and adopted.
ADJOURNMENT The meeting adjourned at approximately 2:30 a.m.
MAYOR