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