HomeMy WebLinkAboutCC MINUTES 1971 08 02 MINUTES OF A REGULAR MEETING
TUSTIN CITY COUNCIL
August 2, 1971
-CALL TO ORDER Meeting called to order at 7:33 p.m. by Mayor
Coco.
II.
PLEDGE OF
ALLEGIANCE .. Led by Mayor Coco.
III.
INVOCATION Given by Councilman Oster.
IV.
ROLL CALL Present: Councilmen: Coco, C. Miller, Marsters,
L. Miller, Oster.
Absent: Councilmen: None
Others present.: Ass~. City Admin. Dan Blankenship
City Attorney James Rourke
City Clerk Ruth C. Poe
Asst. City Admin.-Comm. Dev.
R. Kenneth Fleagle
V.
PUBLIC
HEARINGS 1. PZ 71-129 - PLANNING COMMISSION INITIATED
(ORANGE COAST CONSTRUCTION COMPANY)
Request to prezone subject property, located
on the northeasterly side of San Juan Street,
from the County R~4 (Suburban Residential)
District to the City of Tustin PC-R-3 2000
(Planned Community, Multiple-Family, 2000 sq.
ft. of land area per unit) District.
Mr. Fleagle stated that the developer and agent
had requested that this matter be ~ontinued to
the next regular meeting, in order to allow addi-
tional time to resolve any differences existing
between them and the adjacent homeowners.
Moved by Marsters, seconded by Oster that the open
hearing on PZ 71-129. be .continued to the next reg-
ular Council meeting.
In response to Mr. Tom Jacobsen, 13632 Charloma
Drive, Tustin, who questioned the continuance,
Mr. John Siegel, 515 East First Street, Tustin,
stated that Mr. Clayton and Mr. Hall had agreed
to try to work with Tustin Terrace residents to
try to reach a compromise on the development. He
understood that Mr. Hall had attempted that after-
noon to contact Mr. Nelson Baker, who had represent-
ed objecting residents at the last meeting, and
found that he was out of the State. Mrs. Baker
had said that Mr. Jacobsen would be representing
the homeowners in Baker's absence to work toward
a settlement of the matter. Mr. Siegel said
he understood thatlthe continuance would be ac-
ceptable to the homeowners.
Councilman C. Miller stated that he had also
tried to contact Mr. Baker that day, and that
Mrs. Baker told him substantially what Mr. Siegel
had just related, and also that Mr. Hall had men-
tioned to her a new proposal which might solve
the problem.
Council ~utes
8/2/71 P~e 2
Mr. Jacobsen stated that Mr. Baker had met with
Mr. Hall on July 20, and had determined that
there was no compromise proposal. After a brief
discussion with Mr. Greg Kimberly (1272 AndreWs
Street, Tustin) Mr. Jacobsen agreed to continuing
the hearing.
Above motion to continue the open hearing carried
unanimous 17.
2. USMC - IRVINE ANNEXATION NO. 71-A
Mayor Coco explained that the Local Agency Forma-
tion Commission had approved this annexation
on May 26, 1971, land that it includes only the
area to the north of the Marine Corps Air Station-
(Helicopter).
Mayor Coco then opened the public portion of the
hearing at 7:45 p.m., and asked whether any writ-
ten protests had been received, or if any prop-
erty owner in the audience wished to enter a
protest at this time.
Mr. Fleagle stated that a letter, dated July 20,
1971, had been received from Mr. James E. Taylor,
Director of General Planning Administration for
the Irvine Company, requesting continuation of
the hearing pending prezoning action on the prop-
erty. The Irvine Company intends to file a pre-
zone application by August 12.
Moved by C. Miller, seconded by L. Miller that
public hearin~ on USMC - Irvine Annexation No.
71-A to the Cityof Tustin be continued to the
first regular CoUncil meeting in September
(September 7, 1971). Carried unanimously.
3. APPOINTMENT OF MEMBER TO THE TUSTIN PLANNING
COMMISSION.
MaTor Coco cited letters from James B. Sharp,
requesting reappointment to the Planning Com-
mission, and from Rollin Mahoney, offering his
resignation.
Mayor Coco opened the public portion of the
hearing at 7:47 p.m. There being no commenzs or
objections, he closed the public portion of the
hearing.
Moved b7 L. Miller, seconded by Oster that
Resolution No. 71-43, APPOINTING JAMES B. SHARP
TO THE TUSTIN PLANNING COMMISSION, have first
reading by title only. Carried unanimously.
Resolution title read by clerk.
Moved by Oster, seconded by L. Miller that
Resolution No. 71-43 be passed and adopted.
Carried. Ayes: ~Coco, C. Miller, Marsters,
L. M~er, Oster~ Noes: none. Absent: none.
Council Minutes
8/2/71 Page 3
Moved by Marsters, seconded by L. Miller that
the resignation of Rollin Mahoney, effective
August 1, 1971, be accepted with reluctance,
that a resolution of appreciation be ore-
pared, and that Mr. Mahoney be presented. a
City placque in recognition of his service to
the City. Carried unanimously.
Councilman C. Miller stated that he had been
confused--and others may have been also--con-
cerning the vacancy on the Commission, due to
a lack of awareness of Mr. Mahoney's resigna-
tion and the resulting need for a new member.
Mayor Coco requested that the Staff telephone
persons who have previously expressed interest
an being appointed to the Planning Commission,
and asked for press cooperation in making the
vacancy known.
Mr. Grady Henry, President, Tustin Chamber of
Commerce, 441 E1 Camino Real, TUstin, stated that
the Chamber, at its August 4 Board Meeting will
try to find someone interested in serving on the
Commission.
Moved by Marstersr seconded by Oster that this
matter be continued to an open hearing at the
next regular Council meeting. Carried unanimously.
VIo
CONSENT
CALENDAR 1. APPROVAL OF MINUTES - July 19, 1971 meeting
2. APPROVAL OF DEMANDS - in amount of $370,063.06
3. AGREEMENT BETWEEN THE CITY AND TUSTIN
CHAMBER OF COMMERCE
Authorization for the Mayor and the City
Clerk to execute said agreement.
Councilman Oster asked that Item #3 be removed
from the Consent Calendar for separate action.
Moved by Oster, seconded by Marsters that Consent
Calendar Items i and 2 be approved. Carried
unanimously.
After Councilman Oster had ascertained through
the Staff that this item has been budgeted, it was
moved by Oster, seconded by L. Miller that Agree-
ment between the City and the Tustin Chamber of
Commerce be apprOved and the Mayor and City Clerk
authorized to execute said agreement. Carried
unanimously.
OLD BUSINESS 4. REQUEST FOR ACCESS FROM TUSTIN MEADOWS TO
(Taken out RED HILL AVENUE ACROSS FLOOD CONTROL PROPERTY
of order) (Continued from 7/19/71)
Councilman L. Miller stated that he would be ab-
stainingin this matter.
CoUncil Minutes
8/2/71 Page 4
In response to Councilman C. 'Miller, Mr. Blanken-
ship stated that the Skinteks had been sent copies
of the City Attorney's report.
Mr. Peter Skintek stated that he had received a
copy of the report. He challenged a portion of
paragraph 2 stating that the C C & R's provide
that "no truck larger than one-half-ton capacity
shall be parked or stored upon a portion of any
lot which is visible from streets and roadways".
He stated he had with him a copy of the Covenants,
Conditions and Restrictions and read from it as
follows:
"No boats, trailers, house trailers, or trucks
larger than one-half-ton capacity shall be
parked or stored upon the roadways and streets
of said tract, or in a driveway in any lot in
said tract, or upon any portion of any lot
which is visible from said streets and road-
ways. No automobiles, motorcycles, trailers,
boats, trucks or similar vehicles shall be
repaired or painted upon the portion of ~ny
lot in said tract which is visible from the
streets or roadways of said tract."
He contended that his vehicle is not visible
from the tract at all.
Ma~or Coco said he felt that the phrase "of said
tract" was significant and should be taken into
consideration if indeed it has been omitted.
Mr. ISkintek referred to the last section of para-
graph 2 in stating that he is not engaged in any
business on his land, and that his truck is used
merely for transportation purposes. He did not
feel that storage of the equipment was contrary
to residential usage inasmuch as he enters his
property from the rear and the equipment and truck
cannot be seen from the tract.
Mayor Coco pointed out that the means by which
he enters his property has no real bearing on the
issue of storage of equipment being a non-resident-
ial use.
Mr. Rourke said that the definitions set forth
in the C C & R~s relative to property being used
only for private single family residential pur-
poses is very similar to zoning limitations, and
felt that it would be difficult to construe the
zoning or C C & R's to include as a permitted
use the storage of heavy construction equipment.
He had no doubt that if the court were asked to
interpret the C C & R's as to whether it would
permit such a use, they would say it would not.
In order for the use to be legally permitted, it
would require an amendment of the C C & R's and
of the zoning. He felt that the intent of the
C C & R's, which are lengthy, was to define in
every way possible a residential lot and activi-
ties normally permitted and found on residential
lots while trying= not to eliminate uses that
are normally founa;~ heavy con'struction equipment
Council Minutes
8/2/71 Page 5
xs not customarily stored on single family
residential lots, and it was no~ the intent-
ion of the C C & R's to permit that.
Mayor Coco explained to the Skinteks that while
they may not be in violation of the C C & R's
in one respect (i.e., the truck is not visible
-. from the tract), they are violating other facets
of the C C & R's in.storing equipment on a resi-
dential lot. This is also a violation of the
zoning for the tract. The Council has a legal
responsibility to respond to this violation once
it has been brought to their attention.
Mr. Skintek stated tha~ he bought the house with
assurances from the sales people that what he
wanted to do was perfectly legal. He said that
he will now park the truck on the street, but
requested that the gate be allowed to remain in
order to get his camp trailer in and out, and
to complete construction of his patio.
In response to Councilman Oster, Mr. Fleagle
stated that the subdivision was approved with
a wall along the flood control channel, a re-
quirement of the Orange County Flood Control
District. He cited his 4/16/70 letter to Mr.
Skintek advising him of the necessity of re-
constructing the portion of the wall which had
been removed, and a 4/14/70 letter from the
Grant Co.'s attorneys, Kindel and Anderson,
asking that the wall be restored.
Mr. Skintek stated that the Tustin Meadows Home-
owners' Association had given him permission to
store the equipment as long as it is not visible
from the road. He questioned the Grant Co.'s
demand that he restore the wall when it was a
Grant Co. representative who had told him he
could remove it.
In response to Councilman C..Miller, Mr. Rourke
stated that as the C C & R's were approved by
the City, the City could not change the permitted
uses without the C C & R's being amended.
In response to Councilman Oster, Mr. Fleagle'
stated that there are not now any cuts in the
wall authorized by the City or now existing
except the one in question.
Mrs. Skintek stated.that she had received a letter
~rom Mr. Osborne of the Orange County Flood Control
District indicating that the District in no way
opposes this.
Mr. Rourk=e stated that the Council should go only
as far as to advise the Skinteks of the courses
available to them to legally accomplish what they
want to do and that the matter of temporary access
be worked ou~ between the-~Skinteks .and the Flood
Control District. The Council should not affirm-
atively authorize the Flood Control District to
allow access for a given period of. time.
Council Minutes
8/2/71 Page 6
Moved by Marsters, seconded by Oster that
Staff reports be received and filed and that
Mr. and Mrs. Skintek be informed of the illeg-
ality of the use and the numerous legal steps
necessary for this to become a permitted use.
Mr. Rourke stated that on a Staff level, the
Flood Control District could be advised that
the City doesn't have any objection to the
situation being accomodated for a certain
-period of time to allow the Skinteks to com-
plete work in their back yard.
Mayor Coco stated that correspondence should
state that the City is fully aware of the
illegalities involved and hopes that the Flood
Control District can work something out with
the Skinteks to accomodate a~ emergency situation.
Above motion carried 3-1. C. Miller voting no.
L. Miller abstaining.
VII.
ORDINANCES
FOR
ADOPTION 1. ORDINANCE NO. 513
An Ordinance of the City of Tustin,
California, REZONING PROPERTY ON APPLICA-
TION NO. Z.C. 71-225 OF ALPINE PROFESSIONAL
.-- DEVELOPMENT COMPANY.
Rezoning praperty on the south side of
Irvine Boulevard, between "B" Street and
Prospect Avenue, from the E-4 to the Pr
District.
2. ORDINANCE NO. 514
An Ordinance of the City of Tustin,
California, AMENDING SECTION 2-28 OF
THE TUSTIN CITY CODE RELATIVE TO RESI-
DENCE REQUIREMENT FOR CITY ADMINISTRATOR.
At the ~equest of Mayor Coco, Ordinance titles
read by the clerk.
Moved by Oster, seconded by Marsters that
further reading be waived and that Ordinances
513 and 514 be adopted. Carried. Ayes: Coco,
C. Miller, Marsters, L. Miller, Oster. Noes:
none. Absent: none.
VIII.
ORDINANCES
"~ FOR
INTRODUCTION 1. ORDINANCE NO. 515
An Ordinance;of the City of Tustin,
California, PREZONING PROPERTY ON APPLICA-
TION NO. P.Z. 71-127 INITIATED BY THE
PLANNING COMMISSION.
Council Minutes
8/2/71 Page 7
Request for a prezone change from~the
Orange County P-A (Professional Adminis-
35 trative) District
to the City of Tustin Pr (Professional)
District.
Site fronts approximately 100 feet on the
southeast side of Red Hill Avenue and ap-
proximately 140 feet on the northeast side
of Mitchell Avenue.
Moved by Oster, seconded,by L. Miller that'
Ordinance No. 515 have first reading by title
only. Carried unanimously.
Ordinance title read by clerk.
IX.
RESOLUTIONS 1. RESOLUTION NO. 71-40
A Resolution of the Council of the City
of Tustin, California, SETTING FEES FOR
THE ISSUANCE OF BUILDING, PLUMBING,.
MECHANICAL AND ELECTRICAL PERMITS.
2. RESOLUTION NO. 71-41
A Resolution Of the City Council of the
City of Tustin, California, ENDORSING A
UNITED STATES DISTRICT COURT FACILITY IN
ORANGE COUNTY.
Mr. Rourke asked that Resolution No. 71-40 be
continued until the next meeting in order that
additional information may be provided.
Moved by C. Miller, seconded by Oster that
Resolution No. 71-40 be continued to the next
regular Council meeting. Carried unanimously.
Title of Resolution No. 71-41 read by the clerk
at the request of the Mayor.
Moved by C. Miller, seconded by Oster that
further reading be waived and that Resolution
NO~ 71-41 be passed and adopted. Carried.
Ayes: Coco, C. Miller, Marsters, L. M"~er,
Oster. Noes: none. Absent: none.
X.
OLD BUSINESS 1. PARK LAND DEDICATION ORDINANCE
Mr. Fleagle explained that action on this
ordinance had been continued from the June 7,
1971, meeting, in order for the Staff to pro-
vide information relative to the philosophical
background and history of this type ordinance,
the basis of the fee schedule, equity between
existing and future developments, and response
to protests of John Siegel.
Mr. Fleagle read three paragraphs from the 21
Assembly Interim Committee Report, Municipal
and County Government (1963-65) which had been
Council Minutes
s/2/vl e
incorporated into his August 2 report. He went
on to outline response to issues presented by
Mr. Siegel at the June 7 meeting, the substance
of which is contained on pages 5 and 6 of Mr.
Fleagle's report. In conclusion, Mr. Fleagle
recommended adoption of this ordinance.
In response to Councilmen's questions, Mr. Fleagle
said that the main difference between the City's
ordinance and the County ordinance was that the
County did not give credit for private land
development; this ordinance does give the Council
the opportunity to give full credit. The County
Planning Commission has since recommended giving
credit.
Mr. Jo~n Siegel disputed the 32.068-acre figure
given an the report as the amount of vacant land
which would fall~under the ordinance, stating that
land zoned for multi-family use was to be excluded.
He stated that when relating the City ordinance
to the County's, there is no recognition'o~ the
obligation of the people who would fall under the
ordinance to the~park bonds, which are to be used
for acquisition of park sites.
In response, Mr. Fleagle stated that the ordinance
would apply to land that is to be subdivided, and
there are 32.G68~acres of such land.
Mr. Siegel said that he had reviewed these areas
on a map and that each parcel could be developed
without being divided an any way, either by sub-
division or parcel map. As the 32 acres are
therefore not representative of the true picture,
the ordinance will be even more inequitably ap-
plied, and revenues much lower than can be
anticipgted by using this figure.
Mr. Bill Moses of the Tustin News, 649 South "B"
Street, Tustin, expressed concern that inequities
are involved in ~his ordinance, stating that tax-
ation should be on an equal basis, and that
County passage of such an ordinance is no real
recommendation.
Moved b~ Oster, seconded b~ Marsters that the
Park Land Dedication Ordinance be tabled until
such time as the park bonds have been sold and
there is an indiaation of how the bond issue
will affect the tax rate. Carried unanimously.
2. DEVELOPMENT PREVIEW COMMISSION APPOINTMENT
Moved by C. Miller, seconded by Oster that this
matter be continued to the next regular Counc'~
meeting. Carried unanimously.
Councilman.Oster requested that the President
of the Chamber o~ Commerce make known at the
August 4 Board me~eting the openings on the
Development Preview Commission, and that the
newspapers publieize this also.
Council Minutes
8/2/71 Page 9
3. a. PARK BOND SALE
Mr.'Rourke announced that the first reading of
the ordinance of issuance, and adoption of the
resolution of sale were in order at this time.
In response to Councilmen's questions, Mr. Ed
Wells of Bartle Wells Associates, San Francisco,
stated that the market is better and that £f
there are bidders the sale should not be delayed.
Bids are to opened in Los Angeles on September 14
at 11:00 a.m., with receipt of bids and award by
the Council at 7:30 that evening. He did not
foresee any turn of events that would make the
interest exceed 7%; but in such a case,'the bids
could be rejected.
It was the consensus of the C~uncil that the
bid opening on September 14 be scheduled for
6:00 p.m. rather than 7:30 p.m.
Moved by C. Miller, seconded by Oster that-
Ordinance No. 520, PROVIDING FOR THE ISSUANCE
OF GENERAL OBLIGATION BONDS OF SAID CITY IN
THE AMOUNT OF $1,200,000, have first reading
by title only. Carried unanimously.
Ordinance title read by clerk.
MOved by Oster, seconded by Marsters that, with
correction on Section 2 that publication be in
the Tustin News, and that bids will be considered
at an adjourned meeting of the City Council on
September 14, 1971, at 6:00 p.m., Resolution No.
71-44, DIRECTING THE CITY CLERK TO PUBLISH NOTICE
INVITING SEALED PROPOSALS FOR BONDS OF SAID CITY,
be read by title only. Carried unanimously.
Resolution title read by clerk.
Moved by Oster, seconded by.L. Miller that
Resolution No. 71-44 be passed and adopted.
Carried. Ayes: Coco, C. Miller, Marsters,
L. Ml'i'~er, Oster. Noes: none. Absent: none.
b. APPROVAL OF PARK DEVELOPMENT - FIRST
& "C" STREET SITE
In response to Councilmen's questions, Mr. Jack
Harrison, Director of Parks and Recreation, stated
that the "developer" in this case means a park
developer or landscape architect who will, from
the beginning, develop the project through all
sequences; he will not be the contractor. He
felt that within the park developer's framework
there would be opportunities to save costs, for
example, certain functions such as engineering
being performed by the Staff.
Mr. Bill Sommerville, representing the Tustin
National Little League, stated that timing of
the project is critical, and favored the sched-
ule as proposed.
j~?~i Council Minutes
~--,Is 8/2/71 ~-~/~age 10
Mr. Norm Halus, a vice-president of Tustin
Junior All-American Football, stated that their
ten teams have been using school sites and would
welcome a City field to play on. He thought the
development plan excellent and urged prompt ac-
ceptance of the plan by the Council.
Moved by C. Miller, seconded by Marsters that
the First and "C" Street Park Development sched-
ule be approved as presented and the Staff.auth-
orized to proceed immediately in accordance with
the schedule. Carried unanimously.
It was the consensus of the Council that Len
Miller Would represent the Council on the Selection
Committee.
4. REQUEST FOR ACCESS FROM TUSTIN MEADOWS
TO RED HILL AVENUE ACROSS FLOOD CONTROL
PROPERTY (COntinued from 7/19/71)
This item was discussed out Of order. See-page 3.
XI.
NEW BUSINESS 1. LANDSCAPING & PARKING GUIDELINES -
Multiple-Family Residential, Pr, Com-
mercial, and Industrial Developments
within the City of Tustin.
In response to Councilman L. Miller, Mr. Fleagle
stated that in item #7 on page 3, "such areas"
referred to what is exposed to public view, in
this case, the parking lot.
Councilman Oster agreed, citing item #1on page
2 which refers to on-site parking areas and
driveways, suggesting that this is the ante-
cedent to which "such areas" in item #7 refers.
He proposed that the wording of #7 be changed
to clarify this.
Moved by C. Miller, seconded by L. Miller that
Resolution No. 71-42, ADOPTING COUNCIL POLICY
NO. 30-3 RELATIVE TO LANDSCAPING AND PARKING
AREA GUIDELINES FOR MULTIPLE-FAMILY RESIDENTIAL,
PR, COMMERCIAL, AND INDUSTRIAL DEVELOPMENTS,
be read by title only, with the following
modification in item #7 on page 3:
"That evenly dispersed interior planting
areas be provided in spaces exposed to
public view, with such areas, in many
cases, requiring tree planting."
Carried unanimously.
Resolution title read by clerk.
Moved by Marsters( seconded by C. Miller that
Resolution No. 7i~42 be passed and adopted.
Carried. Ayes: Coco, C. Miller, Marsters,
L. Miller, Oster. Noes: none. Absent: none.
Council Minutes
8/2/71 Page 11
XII.
OTHER
BUSINESS 1. T.N.T. COMMITTEE
Mayor Coco announced that a report had been
received from Charles Greenwood summarizing the
Committee's activities since its inception in
1969, and requesting a workshop with the Council
to discuss the future of the Committee. The
report included Mr. Greenwood's resignation as
Chairman, although he expressed a desire to
serve on the committee if it is continued.
It was the consensus of the Council that the
workshop be held as a breakfast meeting on
Tuesday, August 10, 7:30 a.m., at the Fiddlers
Three Restaurant, 1120 Irvine Boulevard.
2. SUMMARY OF 1970-71 YEAR END FINANCIAL
STATUS
Mr. Blankenship stated that ~ome revenue-gains
had been made resulting in a current General
Fund Reserve of $112,379 to start the current
fiscal year.
Councilman Oster asked that Staff prepare a
proposal to maintain the $.95 tax rate on the
.basis of deferring purchase of certain items,
and that a report on franchising of trash
collection be submitted.
Mr. Blankenship stated that a report was under-
way on the trash collection issue.
3. MEREDITH ANNEXATION NO. 69--LETTER FROM
QUENTIN W. FLEMING
Staff to direct correspondence to Mr. Fleming
expressing Council's concurrence with thoughts
expressed in his 7/28/71 letter.
4. UHF RADIO SYSTEM
Mr. Blankenship announced that the Orange County
Law Enforcement Radio System has been approved
by the California Council on Criminal Justice,
and that conversion will begin in December, .1971.
5. URBAN AFFAIRS INSTITUTE, AMERICAN UNIVERSITY
--K. Fleagle
6. CALIFORNIA FIRE CHIEFS ASSOCIATION CONFERENCE
May 28, 1971--Chief M. Hilton
7. EMERGENCY EMPLOYMENT ACT OF 1971
Mr. Blankenship announced that President Nixon
had signed the Emergency Employment Act of 1971
into law about three weeks ago, providing for
money being made available on a 90% to 10% ratio
for employment of additional help for public
agencies. Staff will explore the implications
of the Act to determine whether it would meet
any of the City's needs.
.-,I,..-ll Council Minutes
~v- · 8/2/71 ~.~,age 12
8. RECREATION DEPARTMENT BUDGET ~
Councilman Marsters exprebsed concern about the
contents of Jack Harrison's July 23 memo to the
City Administrator concerning budgetary inade-
quacies and asked that the department's budget
requests be re-presented to the City Council.
In response to Councilman L. Miller, Mr. Blank-
enship stated that an analysis had been prepared
on recreation fees and the possibility of in-
creasing them, and would be submitted to the
Council. It is now being reviewed by the Parks
and Recreation Commission. The report indicates
that increased fees would not generate a sig-
nificant amount of revenue.
Mayor Coco stated that a re-p~esentation of the
Recreation budget material should be accompanied
by some source of financing any increase. No
new expenditures should be considered without
revenues to cover them.
9. FIRST STREET IMPROVEMENTS
Mr. Rourke stated that the survey work had been
completed, and that Mr. Gill will be receiving
a recommendation for appraisal in the next week.
Several right-of-way agents'have been contacted.
10. APARTMENT HOUSE CARPORTS
Staff directed to make recommendations on elim-
ination of open carports in apartment complexes.
11. COMMENDATION OF MERCURY SAVINGS & LOAN
Mayor Coco, with Council concurrence, directed
that a scroll be prepared for public presenta-
tion to representatives of Mercury Savings and
Loan in recognitfon of their contribution of a
building for the City's use for a two-year period.
12. REMARKS OF MR. TOM KELLY
Mr. Tom Kelly, 330 E1 Camino Real, Tustin,
stated that the E1 Camino Real Development Plan
(Specific Plan NO. 1) has not even begun to
accomplish its purpose and urged that it be
strengthened by addition of a timetable of some
sort. He referred to the final Phase II Report,
Economic Base and Market Demand Analysis, which
had called for revitalizatio~ of the town center
area, and reminded the Council of their responsi-
bility to encourage development of this area.
With a view towards encouraging development,
Mr. Kelly asked ~he Council to consider his
particular problem, which involves a building
nearing completion which was constructed to
office-type parking standards in accordance with
a variance he had obtained. He has since lined
up three commercial tenants, but cannot meet the
parking requirements for commercial usage. He
has been unable ~o lease any property within
300 feet of his building and is unable to con-
tribute $3600, with others, toward a fund for
Council Minutes
8/2/71 Page 13
purchase of a parking lot. These "reliefs" sug-
gested in the Ordinance are so inadequate that
development is discouraged. He favored a park-
ing district, and asked that in lieu of items
in the Ordinance, he be permitted to sign an
agreement to join such a district, if formed.
He cited as a precedent Planning Commission ap-
proval several weeks ago of such an agreement
by an individual on First Street.
Mr. Rourke stated that there were factors in-
volved with the property on First Street that
did not apply to Mr. Kelly's property. He did
not know whether a variance under the same terms
would be appropriate or not.
Mr. Kelly reiterated that the. parking require-
ments are too restrictive, and felt that they
should be at least halved. He could rent to
office usage, but the City would thereby lose
considerable sales tax revenue during the five-
year lease period.
Mayor Coco agreed that this was a point to be
explored; the possibility of revenue from sales
tax as a result of encouraging businesses in the
area.
Councilman Oster pointed out that 51% of the
property owners would have to agree to forma-
tion of such a district; the City cannot ac-
complish this alone.
Mayor Coco stated that the Ordinance was adopted
with the view that it would be reviewed in six
months time. While the Council cannot help in
Mr. Kelly's specific request, the points he has
brought up will be considered when the Ordinance
comes up for review.
13. REMARKS OF MR. PAUL SNOW
Mr. Paul Snow, 430 West Main Street, Tustin,
approached the Council with a suggestion which
he and his neighbors felt would result in
greater communication between citizens and
government, that is, select a representative
or committee from among the registered voters
in each of the City's voting precincts to
serve in an unofficial advisory capacity to
relay citizens' concerns to the Council.
Service in this capacity would be mandatory.
Mayor Coco stated that, while the Council would
like to hear from a cross-section of the com-
munity, it is hard to get them to take the time.
In addition, the individual drafted as his
precinct's representative would not be responsible
to those in his district, and his input might not
be representative. He felt that an informal "rap
session" might be more effective and suggested
that Mr. Snow and others interested arrange a
convenient time for discussions. He committed
himself to be present, and would invite any
Councilman who is~able to do so as well.
Council Minutes
8/2/71 Page 14
XIII.
ADJOURNMENT There being no further business before the
Council, Ma~or Coco adjourned the meeting at
11:15 p.m. in memory of former Mayor W. M.
Huntley.
MAYO R