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HomeMy WebLinkAboutCC MINUTES 1972 09 18 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL SEPTEMBER 18, 1972 CALL TO ORDER The meeting was called to order at 7:32 p.m. by Mayor Miller. PLEDGE OF ALLEGIANCE Led by Councilman Saltarelli. ' INVOCATION Given by Councilman Welsh. IV. ROLL CALL Present:- Councilmen: Miller, Saltareili, Langley, Welsh. Absent: Councilmen: None. Others Present: City Administrator Harry Gill Asst.. City Admin.-Community Development Ken Fleagle City Attorney James Rourke City Clerk Ruth Poe PRESENTATION Mayor Miller read Proclamation to Len Miller for his past services on the City Council and Parks & Recrea- tion Commission, and presented Mr. Miller with a plaque. Len Miller expressed his thanks go the Council. Mqved by Langley, seconded by Saltarelli, that me.eting be adjourned toan executive session at 7:37 p.m. Carried unanimously. __ Frank Greinke commented that as tomorrow, September t 1972 was the biggest day for the City of Tus~in, he felt that Council should continue to Wednesday, their decis- ion as respects a new councilman so as not to interfere with the Bond issue. The meeting reconvened at 8:15 p.m. ~ayor Miller advised that this meeting will be continued ~o a regular meeting at 7:30 p.m. on Tuesday, September 19, 1972 to consider filling the vacancy on the Council. PUBLIC HEARINGS 1. PZ-72-134 PLANNING COMMISSION INITIATED - LEWIS PROCTOR AND SOUTHERN PACIFIC RAILROAD Planning Commission initiated prezoning (PZ-72-134) from Orange County M-1 (Light Industrial) District to City of_Tustin Planned Community (Commercial) District, subject to annexation to the City of Tustin. Owners of subject properties are Lewis Proctor and the Southern Pacifi~ Railroad. Site is located at the southwesterly corner of Main Street and Newport Avenue, with frontages of approximately 766' on Main Street, 213' on New- port Avenue, and a maximum depth of approximately 698'. Mr. Fle~gle advised Council that this proposed zone change was initiated by the Planning Commission at the request of Mr. Lewis Proctor. The existing uses on the properties are industrial or heavy commercial in nature. Mr. Proctor has presented a letter of consent to annex the propertyto the City of Tustin a~d has 9/18/72 Page 2 professional-commercial character to complement the development of the Civic Center. The Southern Pacific Railroad has been notified of the pending actions and the response was noncommit~ml. It is anticipated that the adjoining properties of the Railroad, Proctor and Prescott can be developed as a planned commercial com- plex. Mayor Milier opened the public portion of the hearing at 8:18 p.m. There being no co~Lments or objections, he closed the publiC portion of the hearing at 8:19 p.m. Moved by Langley, seconded by Welsh, that the findings of the Planning Commission as contained in Resolution No. 1279 be approved and City Attorney directed ~o pr~- pare the necessary Ordinance for introduction. Carried unanimously. 2. ZC-72-231 - FIRST WESTERN BANK Application of First Western Bank for a joint-re- zoning (ZC-72-231) of an approximately 3.9 net acre parcel of land from the R-1 (Single-Family Residential) District to the PR (Professional) Dis- trict on the southeastern half and the P & I (Pub- lic and institutional) District on the northwestern half, for the purpose of proposed future develop- ment of a professional office complex and a church. Site is located at the western intersection of ._ Irvine Boulevard and Red Hill Avenue with frontages of approximately 610 feet on the southwesterly side of Irvine Boulevard and approximately 283 feet on the northwesterly side of Red Hill Avenue. Mr. Fleagle stated that the subject property, now in escrow from First Western Bank Trust Department, is proposed for development as the site of a professional office building and the First Christian Church. Pre- cise plans have been submitted for the professional office building and have won the endorsement of adjoin- ing property owners. Preliminary plans have been sub- mitted for the church development on the remaining parcel. The Planning Commission conducted a public hearing on August 28v 1972 and by Resolution No. 1280, unanimously recommended to the City Council the approval of the requested zone change. Ma or Miller questioned the fact that there was a pos~i- ~y~ ~ire Station being built at this site, and was advised by Mr. Fleagle that this site ~s not con- ducive for a fire station as it is at a ma]or intersec- tion. ~ayor Miller opened the public portion of the hearing at 8:25 p.m. Mr. Ellsner, 13272 Charloma, Tustin, Chief of the Volun- teer Fire Department, read a letter sent to the Planning Commission in June as respects this fire station, and Mr. Fleagle's response. He advised that there were sev- eral locations considered for the new station~ but this Red Hill and irvine was the bes~ ane is under study by the Board of Supervisors. He stated that the Board of Supervisors had directed Real Property Services to nego- tiate for acquisition of the property. ~ -2- Council ~liIlutes 9/18/72 Page 3 Mr. Fleagl~eadvised that the Planning Con~ission had - responded to Chief Downs stating that this did not fit the criteria of a fire station location. Much and many of the same objections to the present site would re- sult in the new proposed site. It was further stated that the subject use would require a Use Permit and public hearing by the Planning Commission to determine its compatibility of existlng developments. -- Irene Petleriti, 1411 Garland Avenue, advised that she was a resident'directly behind this proposed project, and that she enjoys the privacy that the orange groves give her. She doesn't mindthe new church prop6sat, but was wondering if the proposed office buildings could.be one story. instead of two story. John Wells, representing First Western Bank, presented renderings and sketches of the proposed office build- ings. Mr. Jamieson, architect for the church, presented the plot plans for the church, and also a model. There being no further comments or objections, the pub- lic portion of the hearing was closed at 8:46 p.m. Mayor Miller questioned the City Attorney regarding the fire station proposal, and was advised by Mr. Rourke that the Council has an obligation to respond to this application on its merits. Saltarelli commented that you can't consider the Board__ of Supervisors for some future action they might be taking. Moved by Saltarelli, seconded by Langley, that the find- ings of the Planning Commission as contained in Resolu- ~on No. 1280 be approved and that ~ City Attorney ' prepare the necessar)7 Ordinance. Ca~'~rried unanimously. 3. AMENDMENT TO SECTION 4.6, ORDINANCE NO. 157 (CONDO- MINIUMS On the Motion of the Planning Commission: a) An amendment to Section 4.6 of Ordinance No. 157r as amended, by the addition of the follow- ing: "Uses Permitted" - condominiums, subject to a Use Permit, and when developed or to be de- veloped pursuant to the criteria of the Planned Development District. b) An amendment to Section 5-29 of Ordinance No. 157~ as amended, by the addition of the follow" ing: "Uses Permitted" - condominiums Subject to criteria an~ requirements of the District. Mr. Fleaqle stated the conversion of apartment houses to condominiums has been a matter of concern to Council, Commission, and Staff for some time. Section 11535.1 of the Subdivision Map Act (Business & Professional Code) authorized such conversions; however, this section of Council Minutes 9/18/72 Page 4 the law includes the provision that "Nothing herein shall be deemed to limit the power of the governing body to regulate the design or location of buildings ~n such a project by or pursuant ~o local ordinances.=' This proposed amendment to the Zoning Ordinance speci- fically defines the districts and criteria applicable to condominiums. The Planning Commission conducted a public hearing on the proposed amendment on August 28, 1972 and no tes- timony was received for or against the amendment. Th~ Commission, by Resolution No.' 1278, unanimously recom- mended to the City Council the approval of the proposed amendment. Mayor Miller opened the public portion of the hearing at 8:59 p.m. There being no comments or objections, he closed the public portion at 9:00 p.m. ~oved by Saltarelli, seconded by Welsh, that the find- · ngs of the Planning Commission as contained ~n Resolu- tion No. 1278 be approved and the City Attorney prepar~ the necessary ordinance. Carried unaAimously. VI. PUBLIC CONCERNS Agnes Bacon, 140 Mountain View, stated that the parking of cars on First and Mountain View is still occurring and that they park right up to the corner so that you can't see getting on or off of First Street. Mrs. Margaret Byrd also commented on this situation, stating that the curb~ngs have not yet been painted red. Frank Greinke stated that maybe there should be a tow- away zone ~o prevent this situation. Council directed Staff to investigate these items. VII. CONSENT CALENDAR 1. APPROVAL OF MINUTES September 5, 1972 meeting. 2. RATIFYING OF DEMANDS in the amount of $88,730.74. Welsh stated that the minutes do not show the proclama- tion proposal for the Tustin Bicentennial Committee. Moved by Welsh, seconded by Salta~l]~, that the above i~ems of the Consent Calendar be approveS. Carried unanimously. VIII. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 550 An Ordinance of the City Council of the C~ty of Tustin, California.. ADOPTING A SPECIAL SPEED ZONE. (First Street between Newport and Red Hill). 'Moved~!~Langle~_seconded by S~ltarelli, that Ordinance ~o. 550 have second reading by title only. Carried~ unanimously. The secretary read the title of Ordinance No. 550. ~ Council Minutes 9/18/72 Page q Moved by Langley, s. econded by Saltarelli, that Ordinance No. 550, Adopting a_Special Soeed Zone, be_passed an~ ~dopted. Carrie~ unanimously. IX. ORDINANCES FOR INTRODUCTION 1. ORDINANCE NO. 551 An Ordinance of the City Council of the City of Tustinr California, AMENDING SECTION 3 OF ORDINANCE NO. 85 RELATIVE TO APPROVAL OF TEN- TATIVE TRACT MAPS. Moved by Langley, seconded by Saltarelli, that Ordinance No. 551 have first reading by title only. Carrled unanimously. The secretary read Ordinance No. 551 by title. RESOLUTIONS 1. RESOLUTION NO. 72-61 A Resolution of the City Council of the City of Tustin, California, APPROVING PLANS AND SPECIFI- CATIONS FOR THE CONSTRUCTION OF STREET IMPROVMENTS: PROJECT I - NORTHWEST CORNER OF LAGUNA RD. & NEW- PORT AVENUE PROJECT II NORTH SIDE OF LAGUNA RD. EAST OF NEWPORT AVENUE PROJECT III - SOUTH SIDE OF LAGUNA RD. WEST OF NEW- PORT AVENUE M~o. ved by Welsh, seconded ~y Saltarelli, that Resolution No. 72-61 be read by title ~nly. The secretary read Resolution No. 72-61 by title. Moved by Saltare!li, seconded by Welsh, that Resolution No. 72-61, Approving Plans & Specifications for the ~onstruction of Street Improvements, be passed and adopted.. qarried unanlmously. 2. RESOLUTION NO. 72-62 A Resolution of the City Council of the City of Tustin, California, RECOGNIZING AND COMMENDING THE TUSTIN BICENTENNIAL COMMITTEE Moved by Saltarelli, seconded by Langley_, that .Resolution No. 72-62 be read by title only. The secretary read Resolution No. 72-62 by title. Moved by Welsh, seconded by Saltarelli, that Rescluti~ No. 72-62, Recognizing and Commending the Tustin Bice~ tennial Committee :. be passed and adopted. C__a~ried unanimously. XI. OLD BUS INESS None XII. NEW BUSINESS 1. FINAL MAP OF TRACT NO. 7970 Council Minutes 9/18/72 Page 6 Mr. Fleagle stated that the Planning Commission, at its meetln~ of September 11, 1972, approved the Final Map of Tract No. 7970. The tract consists of one lot which is developed as 32 single story apartment units. Moved bV Saltarelli, seconded by Welsh, that Final Mao of Tract No. 7970 be approved, sub~ec~ to approval ofL ~he CC&R's by the City Attorney, a~d that the Mayor an~ City Clerk be authorized to execute th~ necessary doc~- ments_. Carried unanimously. 2. ACQUISITION OF BUILDINGS AT 720 WEST FIRST STREET. Mr. Gill advised that the City Engineer has stated that the widening project on First Street will require either the full acquisition of buildings owned by John Siegel at 720 and 740 West First Street, or will require the removal of approxlmately 7 1/2' from the front of the existing buildings and constructing a new front at the property line. Mr. John Siegel, 1841 LaColina, felt that it better to demolish the buildings, than to re-build. He felt it is more advantageous to the property owner to proceed as rapidly as possible. The owner of H & H Service Center at 740 W. First Street stated that she would like some idea as to the time schedule in demolishing these buildings, so that they could make plans. Mr. Gill advised that at the next meeting he would pre sent a~osition paper on the latest status of the project Moved by Saltarelli, seconded by Langl~y, that the acaui- s~tion of both buildings, in their entirety at 7'~0 W.' First Street be authorized and that the St~ff negotiate w~th Mr. Siegel. Carried unanImously. 3. AGREEMENT-STATE OF CALIFORNIA,' CALIFORNIA STATE PERSONNEL BOARD, COOPERATIVE PERSONNEL SERVICES. Moved by Miller, seconded by Saltarelli, that Harry E. Gill, City A~inistra~or, be authorized to enter into and sign an agreement with the State of California, California State Personnel Board, Cooperative Personnel Services Division, for the purpose of performing exami~- i.ng services for the 'Cit~ of Tustin. Carried unan~mousiy XIII. OTHER BUSINESS 1. Park Architect Moved b~ Welsh, seconded by Saltarelli, that Richard Bi~ler be named as the architect for the new park at Bryan and Red [{ill. Carried unanimously. 2. Commendation for Bud Jackley Council requested Staff to make appropriate presentation to Mr. Jackley for his services on the Development Pre- view Cos~ission. 3. Chino Hills Airpor_~t Council deferred seeing any film presentation on this until the Environmental impact Studies are in. Council Minutes 9/18/72 Page 7 4. Saltarelli wished clarification of the actions as respect the acquisition of Tustin Carpets and the denying of the realignment of First, Yorba, and Pacific. He was advised that these were two independent actions and that the acquisition of Tustin Carpets stood as acted upon. 5o ~ayor Miller moved to have Staff direct a letter to the League of California Cities to have them take position in Support of Proposition 18 (Obsce l~y Legislation); seconded by Sa!tarelii. Carrieu ~ unanimously. Additional Reports Received I. IRWD Annexation No. 16 from R. Kenneth Fleagle dated September 13, 1972. 2. Stop Signs on First Street from Orville Myers dated September 15, 1972. 3. "Bedroom Tax" from Harry E. Gill dated September 14, 1972. 4. Public Concerns on Agenda from Ruth C. Poe dated September 14, 1972. 5. Zoning Administrator from R~ Kenneth Fleagle dated September 15, 1972. XIV. ADJOURNMENT Moved by Saltarel!i, seconded b~ ~angley, for adjourn- ment at 9:55 p.m. to regular adjourned meeting at 7:3~"?.__~ 5n September 19, 1972, and then to September 26, 1972. Carried: 3-1. CLERK