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HomeMy WebLinkAboutCC MINUTES 1971 12 20 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL December 20, 1971 CALL TO ORDER Meeting called to order at 7~40 p.m. by Mayor Coco. II. PLEDGE OF ALLEGIANCE Led by Mayor Coco. III. INVOCATION Led by Councilman C. Miller IV. ROLL CALL Present: Councilmen: Coco, C. Miller, L. Miller, Oster. Absent: Councilmen: Marsters.. Others present: City Administrator Harry Gill City Attorney James Rourke Asst. City Admin.-Comm. Dev. Ken Fleagle Recording Secretary Kathy Morrison V. PUBLIC HEARINGS 1. APPEAL OF THE DECISION OF THE PLANNING COMMISSION APPROVING UP 71-369 (HESTER DEVELOPMENT COMPANY Continued from 12/6/71. Council appeal of the decision of the Planning Commission approving a Use Permit (UP 71-369) authorizing the construction of a 134 unit, single-family condominium development on a 9.8 acre parcel (Enderie) east of Yorba and approx- imately 737 feet south of Seventeenth Street. Mr. Fleagle described the project and discussed the conditions imposed by the Planning Commission in their Resolution No. 1243, and the relationship of this application to that of'Western Mortgage Company (UP 71-373) concerning the commercial development. He then outlined the alternative courses of action available to the Council on these matters. Replying to Councilmen's questions, Mr. Fleagle explained that the property line division follows on the southerly limits of the "future street", after a Planning Commission proposal that sidewalks, tree wells, fencing broken with changes of grade and landscaping, be included as part of the design of the street. Density in the residential portion is approximately 13.6 dwelling units per acre. Mayor Coco opened the public portion of the hearing at 7:49 p.m. Mr. Jim Gianulias, 1133 Ebbtide Road, Corona del Mar, representing Hester Development, stated that after investments of time and money a project had resulted which he felt would be successful. He requested favorable Council consideration, and then introduced Mr. Emil Benes of the architectural firm of Morris and Lohrbach. Mr. Emil Benes, 18121 Irvine BOulevard, Tustin, project architect, reviewed the planning concepts of the project including such points as parking accomodations, landscaping, the condominium units, 2 and recreational facilities. Mr. Benes showed slides illustrating these features as well as .~- various elevations of the project. Council Minutes 12/20/71 P '-' 2- General Ralph Yeaman, 14242 Acacia, Tustin, stated that Enderle Gardens homeowners had endorsed this plan, and commended the effort and patience of Hester Development and R. T. French on the project. He recommended Council approval of the development. Mr. A1 Enderle, 3662 Carmel, Santa Ana, stated that conditions imposed by the Planning Commission are agreeable to him and the developer and they would gladly cooperate with any requirements the Council might establish. There being no further comments or objections, Mayor Coco closed the public portion of the hearing at 8:03 p.m. Replying to questions by Councilman L. Miller, Mr. Fleagle stated that UP 71-373 on the commercial development was heard by the Planning Commission on December 13, and will go before the Development Preview Commission when the plans are ready. Planning Commission concerns about various elements of the design concept were included in the Resolution approving it and are subject to negotiation with the Development Preview Commission before final approval is given by the Planning Commission. Councilman L. Miller expressed concern about the proposed Firestone Store and a service station in the commercial development, which he did not feel were compatible with the idea of a quality shopping center. Mr. Fleagle explained that the service station as proposed would have an interior orientation with access off Yorba Street southerly, with a require- ment for one access point at Seventeenth Street. Mayor Coco inquired about a past proposal of a "trade-off" involving a Union Oil station presently on the Enderle property, whereby the existing station would be traded for one located interiorly if desired. Mr. Fleagle stated that by the terms of the lease and property arrangements, the present applicant does not have the control to accomplish that. Councilman C. Miller stated that the issue of a satisfactory circulation element in the plan should be decided first, as it was that concern which brought the matter before the Council. Councilman L. Miller stated that he agreed with the access roads, and he felt the residential concept was excellent, but wished to go on record as being concerned about two automotive service centers. Mr. Fleagle again outlined the Council's alternatives regarding these developments, as stated in staff reports. Councilman C. Miller inquired about dedication of streets. Council Minutes 12/20/71 Page 3 Mr. Fleagle explained that the conditions of approval of the Use Permit by the Planning Commission required the dedication of the stree= before the building permit could be issued. ~oved by C. Miller, seconded by L.Miller that the findings of the Planning Commission approving UP 71-369 of Hester Development Company, as 6on- tained in PC Resolution No. 1243, be upheld. Carried unanimously. Councilman Marsters absent. Moved by C. Miller, seconded by L. Miller that action of the Planning Commission approving UP 71-373 of Western Mortgage Company be appealed and set for public hearing before the Council on January 3, 1972. Mar. Oster stated that he would not be present at the January 3, 1972, meeting., but that he did share the concern about the service station. Moved by C. Miller that the above motion be amended to provide for public hearing at the January 17, 1972, Council meeting. Mr. Robert T. French, representing Western Mortgage Company, 2700 Wilshire Boulevard, Los Angeles, stated that their options are up on January 4, and therefore a January 17 hearing date would be too late. Councilman C. Miller stated that he did not like the characEer of the parking area, landscaping or types of developments proposed for the center. He felt that a January 3 hearing date would be too soon to allow the applicants to achieve the character that was initially desired. In reply to Mayor Coco, Councilman C. Miller stated that he approved of the circulation system, but that the amount and arrangement of landscape screening in the parking lot is not of the same character or quality as in the original proposal, nor are the types of uses proposed for the development, particularly the service station and Firestone Store. He wanted to see a site development plan showing the same high quality. of development within the parking area. Mr. French stated that changes had been made in the plan as a result of Development Preview Commission and Planning Commission reviews, and pointed out that the service station has been incorporated in the plan in order to finance the street. The Firestone Store can be replaced with another tenant if the Council desires. He requested Council guidelines on the development in order to save time, inasmuch as the Council will have the final word on approval. Mr. Fleagle explained that the service station was an item of concern to the Planning Commission, but that they felt it could be compatible if properly designed. From these plans, he said, the Commission realized that they could not give final approval and authorize a building permit; for that reason conditions were imposed in Resolution No. 1246. Only the concept has been approved thus far. Council Minutes 12/20/71 Page 4 Mayor Coco stated that'Council review would be to Mr. French's advantage as any crfteria established by the Council as ruling body would serve as directives for the Development Preview Commission and the Planning Commission. He stated that he also was concerned with the exterior view from Seventeenth Street into the parking lot area and the effectiveness of proposed screening, and that this is the type of concern that could be relayed to the other Commissions. Councilman C. Miller said that hewould like to see the original presentation on which zoning was based. Mr. French suggested setting a time to meet with the Council to discuss this. It was the consensus of the Council that an informal meeting would be held on Monday December 27 at 7:00 p.m. in the Civic Center Community Room on E1 Camino Real, with Planning Commission and Development Preview Commission also invited to attend. Mr. Yeaman again spoke in support of Mr. French. Mayor Coco expressed the' hope that this would be the final stage and that the Council could thoroughly review that proposal and offer guidance to the Commissions.- VI. Above motion to continue to 1/3/72 carried unanimously.. CONSENT CALENDAR 1. APPROVAL OF MINUTES - December 6, 1971, meeting. 2. APPROVAL OF DEMANDS in amount of $85,253.24. 3. AWARD OF BID - CONSTRUCTION OF FIRST AND "C" STREET PARK. Award of bid to low bidder, United Sprinkler of E1 Monte, as recommended by Parks and Recreation Director. 4. EXONERATION OF IMPROVEMENT BONDS TRACT 7405 Location: North side of Walnut Avenue approx. 1350 feet east of Red Hill Avenue. Acceptance of improvements and exoneration of pertinent bonds as recommended by the City Engineer. 5. AGREEMENTS TUSTIN ELEMENTARY SCHOOL DISTRICT Ratification of Entry and Hold Harmless Agree- ments between the City and the Tustin Elementary School District. 6. REIMBURSEMENT AGREEMENTS FOR PAVEMENT CONSTRUCTION Walnut Avenue at Tract 7405 Authorization for the Mayor and City Clerk to execute reimbursement agreements with Bernard & Spengler for pavement construction on Walnut Avenue at Tract 7405, as recommended by the City Engineer. Council. Minutes 12/20/71 Page 5 7. AGREEMENT WITH COUNTY FOR IMPROVEMENT OF MCFADDEN STREET AND NEWPORT AVENUE. Authorization for the Mayor and City Clerk to execute Agreement No. 1171-415 with the County concerning improvements on McFadden Street (Walnut to Newport) and Newport Avenue (McFadden to AT & SF) as recommended by the City Engineer. 8. AGREEMENT WITH COUNTY FOR INSTALLATION OF TRAFFIC SIGNALS. Authorization for the Mayor and City Clerk to execute agreement with the County for signals at Red Hill Avenue, First Street, and Kalua Lane, as recommended by the City Engineer. 9. DENIAL OF CLAIM Denial of Claim of Ethel Victoria Pepin dated 11/23/71, as recommended by the City Attorney. Councilman Oster directed that the Minutes of the December 6, 1971, Council meeting be amended on page six with the following phrase to be added after lihe two: "all as submitted on the Precise Land Use Plan dated November, 1971..." Mr. Rourke asked that Consent Calendar Item #9 be deleted. Moved by Oster, seconded by L. Miller that Items 1-8 on the Consent Calendar be approved. Carried unanimously. Councilman Marsters absent. VII. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 528 An Ordinance of the City Council of the City of Tustin, California, PREZONING PROPERTY ON APPLICATION NO. PZ 71-126 AND AMENDING THE TUSTIN AREA GENERAL PLAN. Prezoning and amending the General Plan from the County A-1 (Agricultural) and A-R (Agri- cultural-Residential) Districts to the City P-C (Planned Community-Residential) District. Subject properties are generally bounded by the Santa Ana Freeway to the northeast; Myford Road to the southeast; the Santa Fe Railroad main line and Moulton Parkway to the southwest; and the Santa Fe Railroad Venta Spurline to the northwest. Mayor Coco announced that Ordinance No. 528 would be amended to include the map and text based on recommendations of the Planning Commission con- tained in December 15, 1971, report. Council Minutes 12/20/71 Page 6 Moved by L. Miller, seconded by Oster that Ordinance No. 528 have second reading.by title only. Carried unanimously. Title of Ordinance No. 528 read by the clerk. Moved by L. Miller, seconded by Oster that Ordinance No. 528 be adopted. Carried by roll call. Ayes: Coco, L. Miller, Oster. Noes: C. Miller. Absent: Marsters. VIII. ORDINANCES FOR INTRODUCTION 1. ORDINANCE NO. 535 An Ordinance of the City of Tustin, California, AMENDING THE MASTER STREET TREE PLAN ORDINANCE. Moved by C. Miller, seconded by L. Miller that Ordinance No. 535 have first reading by title only. Carried unanimously. Councilman Marsters absent. IX. RESOLUTIONS 1. RESOLUTION NO. 71-82 A Resolution of the City Council of the City of Tustin, ANNEXING T0 THE CITY OF TUSTIN CERTAIN TERRITORY DESCRIBED HEREIN, AND DESIGNATED RED HILL - IRVINE NORTH ANNEXATION NO. 73. Property consists of approximately 2.5 acres located on the northwest corner of Irvine Boulevard and Red Hill Avenue. 2. RESOLUTION NO. 71-83 A Resolution of 'the City Council of the City of Tustin, California, ADOPTING COUNCIL POLICY NO. 50-3. (Park Naming Policy) 3. a) RESOLUTION NO. 71-84 A Resolution of the City Council of the City of Tustin, REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF IRVINE BOULEVARD. b) RESOLUTION NO. 71-85 A Resolution of the City Council of the City of Tustin, REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF FIRST STREET (PHASE II). The Clerk read the titles of Resolutions 71-82, 71-83, 71-84, and 71-85, on the request of the Mayor. Moved by C. Miller, seconded by Oster that further reading be waived and that Resolutions 71-82, 71-83, 71-84, and 71-85 be passed and adopted. Carried. Ayes: Coco, C. Miller, L. Miller, Oster. Noes: none. Absent: Marsters. Council Minutes 12/20/71 Page 7 OLD BUSINESS None. XI. NEW BUSINESS 1. CONSIDERATION OF APPOINTMENTS TO THE PARKS AND RECREATION COMMISSION. Moved by L. Miller, seconded by C. Miller that Richard Edgar, Mary Hernandez, and George Ritsi be reappointed to the Parks and Recreation for terms ending December 31, 1973, and that the matter of appointing a student member be referred to the Parks and Recreation Commission for their review, and recommendations to the City Council. Carried unanimously. Councilman Marsters absent. XII. OTHER BUSINESS 1. HOLTHE DISPOSAL SERVICE CONTRACT Mr. Gill announced that the five-year agreement wl~olthe Disposal Service would expire at the end of December, and that the City Attorney and Holthe's attorneys are now discussing possible new fees, the amount of which will be presented at the next Council meeting. The present rate is low by industry standards. The staff feeling is, however, that any fee increase should be limited to 2.5% unless Price Board approval is received. He recommended that the Mayor and City Clerk be authorized to sign an agreement to extend the existing contract with Holthe Disposal for a period of six months, at a rate to be determined at the next meeting. Moved by C. Miller, seconded by L. Miller that the Mayor and City Clerk be authorized to executo an agreement with Holthe Disposal Service extending their existing contract for a period of six months, at a rate to be determined at the next City Council meeting. Carried unanimously. Councilman Marsters absent. 2. POLICE TRAINING SUMMARY AND PERSONNEL REQUEST Mr. Gill summarized this report from the Police Department Operations Officer. The report con- tained a request for two new police officer positions for a period until training can be completed (these positions reimbursable from P.O.S.T.), and for implementation of the 10-4 Plan as an experimental project for the next three months. Moved by L. Miller, seconded by Oster that two additional officers be authorized, and that the 10-4 Plan be implemented on a trial basis for a period of three months. Carried unanimously. Councilman Marsters absent. 3. COUNCIL CONCERNS HOUSE RELOCATION Mayor coco concurred in staff's concern about relocation of an old house from Prospect and Irvine ~.~ to the northwesterly corner of Fashion Way and Fashion Lane, which had been approved by the Development Preview Commission. Council Minutes 12/20/71 ~'e,=8 Mr. Fleaale stated that the Council could appeal the Commission's action within a period of 15 days of the date of the action. Moved by Coco, seconded by L. Miller that Development Preview CommiSsion decision approving relocation of house be appealed, and be set to come before the Council at the earliest possible date. Carried unanimously. Councilman Marsters absent. The staff was instructed to explore possibilities for alternate locations and report tO the City Council. 4. CITIZEN COMMENTS - PAUL SNOW Mr. Paul Snow, 430 WeSt Main Street, Tustin, expressed his concern that the costs of developing and improving land in the U. S. Marine Corps Irvine Annexation No. 71-A would be infinitely greater than City projections indicated, and cited an analysis produced by the Tustin Center Homeowners Group which was probably more realistic. Mayor Coco explained that he was interested in the figures that the homeowners came up with, but that they seemed to be unsubstantiated, and based on an error in the homeowners' thinking that the City- would be liable for costs of installing utilities, etc. These costs are borne by the developer and passed on to the homebuyer. He invited Mr. Snow to discuss these concerns with him or with members of the City staff. 5. REQUEST FOR EXECUTIVE SESSION Mr. Rourke requested that the meeting be adjourned to an executive session. XIII. ADJOURNMENT There being no further comments or objections, ~ Coco declared the meeting adjourned to an Executive Session at 9:20 p.m. Following the Executive Session, the meeting recon- vened. 6. SMITH PROPERTY Moved by C. Miller, seconded by L. Miller that escrow on Smith property be authorized. Carried unanimously. 7. CITY ADMINISTRATOR LEAVE Moved by C. Miller, seconded by L. Miller that the City Administrator be granted two weeks military leave about April, 1972, in lieu of additional com- pensatory time off under Section 5G[7), Personnel Rules and Regulations. Carried unanimously. There being no further business before the Council, · ne o Mayor Coco declared the meeting ad3our YO