Loading...
HomeMy WebLinkAboutCC MINUTES 1970 12 07 TUSTIN CITY COUNCIL ~ December 7, 1970 I. CALL TO ORDER Meeting called to order at 7:30 p.m. by Mayor Coco. II. PLEDGE OF ~.. ALLEGIANCE Led by Mayor Coco. III. INVOCATION Given by Councilman L. Miller. IV. ROLL CALL Present: Councilmen: Coco, C. Miller, Marsters, L. Miller. Absent: Councilman: Oster. Others Present: City Administrator Harry Gill City Attorney Jamas Rourke City Clerk Ruth Poe Assistant City Admin.--Comm. Dev. R. K. Fleagle ~ V. PUBLIC HEARINGS 1. DISPOSITION OF ABANDONED PACKING HOUSES Locations: 13122 Newport Avenue 13801 Newport Avenue Mr. Flea~le reported on notices which had been sent out to property owners. He suggested that this matter be taken up as two separate hearings. 13122 Newport Avenue. Letter from Blanche Wolf, owner of packing house at 13122 Newport Avenue, stating that the structures at this address would be removed as soon as possible by her own volition. There being no comments on this portion of the hearing, it was declared closed. Moved by L. Miller~ seconded by C. Miller that the matter of the packing houses at 13122 Newport Avenue be continued toM arch 15, 1971. Carried. 13801 Newport Avenue. Southern Pacific Railroad. Staff reports presented and Mr. Fleagle read communication from Southern Pacific Railroad stating they will not pro- test findings. There being no objections or further comments the hearing was declared closed. Moved by C. Miller~ seconded by Marsters that Resolution No. 70-55 have first reading by title only. Carried 1~-- unanimously. Councilman Oster absent. Moved by Mar~ers~ seconded by L. Miller that Resolution 70-55, determining the existence o£ a Public Nuisance, be passed and adopted. Carried unanimously. Councilman Oster absent. 2. SEVENTEENTH STREET - PROSPECT AVENUE ANNEXATION NO. 61 TO THE CITY OF TUSTIN. Property fronts approximately 1,731 feet on the south side of 17th Street and approximately 506 feet on the west side of Prospect Avenue consisting of approximate- ly 27.6 acres. Council Minutes 12-7-70 Page 2 Mr. Gill~ City. Administrator~ recommended that the hearins be continued to the meeting of January 18, 1971. Hearing opened at 7:38 p.m. Moved by C. Millerr seconded by L. Miller that this hearing be continued to the meeting of January 18, 1971. Carried unanimously, 3. AMENDMENTS TO SECTION 4.14 (Pr District) & 4.7 (C-1 District)~ Ordinance #157 (Medical-Dental On-Site Parking Requirements). An Amendment to the Zoning Ordinance to require six (6) on-site parking spaces per 1,000 sq. ft. of gross floor area for medical and dental facilities located in the Pr and C-1 Districts vice present requirement of one (1) space per each 300 sq. ft. of gross floor area, Mr. Fleagle explained that the Planning Commission at their October 13, 1970, meeting, considered a recommendation by Staff that Sections 4.14 and 4.7 of tb~ Zoning Ordinance (Ordinance No. 157) be amended to include specific minimum on-site parking space requirements for medical-dental pro- fessional developments. This study had been initiated by the Development Preview Commission as a result of their con- cern over the fact the Tustin Zoning Ordinance had no such specific requirements, and as a consequence, standard pro- fessional minimum parking requirements had been used for this type of facility. The Development Preview Commission felt these standards - one (1) space per 300 square feet of gross floor area - were inadequate. After a public hearing, the Planning Commission recommended approval of an amendment to Sections 4.14 and 4.7 of Ord- inance No. 157 to read: Medical-Dental Professional uses: 6 on-site parking spaces per 1,000 sq. ft. of gross floor area. Hearing opened at 7:41 p.m. There being no objections or comments the hearing was de- clared closed, In answer to questioning, Mr. Fleagle stated a survey of Orange County cities showed that six parking spaces per 1,000 sq. ft. of gross floor area was the norm. Santa Ana requires one space per 200 sq. ft. and not less than six spaces per doctor. Councilman L. Miller requested a report for next Council meeting as to County standards. Moved by L. Mitler~ seconded by C. Miller that the City Attorney be directed to draft an Ordinance amending Sections 4.14 and 4.7 of Ordinance No. 157 in accordance with Planning Commission Resolution No. 1191. Carried. Mayor Coco announced that the Council would now consider New Business Item No. 1. CITIZENS' REPORT ON PARK BOND ISSUE. Mr. Dick Edgar, Chairman of Tustin Parks and Recreation Commission, stated that since his presentation of April, 1970, of the need for parks, and park sites, a Citizens' Council Minutes 12-7-70 Page 3 Committee had been formed and detailed workshops held, resulting xn specific reconmendations that the issue would amount to one and one-half million dollars. This would be for procuring land and for making the sites us- able, but not include any major structures. If bonds are sold at 6% amortized over thirty years, it would amount to $ .20 per $100 assessed valuation. This would mean approximataly $15 per year on a $30,000 home. Mr. Edgar recommended an early June election. As to citizen interest, Mr. Edgar stated that the T.N.T. sub- committee had been working on this, as well as a Citizens' Committee with Mrs. H. Wagner as chairman. Mrs. Harry Wagner stated she had presented a number of letters to the Council requesting that the bond issue go to a ballot. As the taxpayers will bear the cost, it is only right that they make the decision. Mrs. Wagner asked for a commitment from the Council for an early June election. Mayor Coco congratulated Mrs. Wagner on gathering support from citizens as well as the Tustin Business & Professional Women, Tustin Jaycees, Senior Citizens, Chamber Board and others. Councilman L. Miller concurred with the necessity of ac- quiring land and stated he would be ~n complete support to see this get to a vote of the people. Moved by L. Millerr seconded by Marsters that the ~ity Attorney be directed to prepare the necessary documents and schedule for a Park Bond Election to be held in early June. Carried unanimously. VI. CONSENT CALENDAR 1. APPROVAL OF MINUTES - November 16, 1970 meeting. 2. APPROVAL OF DEMANDS - In the amount of $67,763.43. 3. APPROVAL OF AGREEMENTS WITH SANTA FE RAILROAD CONCERN- ING BELL AVENUE RAILROAD CROSSING PROTECTION. Recommended for approval by the City Engineer. 4. APPROVAL OF IMPROVEMENT AGREEMENTS FOR ZC-218 OF ARGYROS & HORNE FOR NORTHEAST CORNER OF WALNUT AVENUE AND NEWPORT AVENUE. Reconm~nded for approval by the City Engineer. 5. TRANSFER OF STREET TREE VARIANCE RESPONSIBILITY. Recommended by the Parks and Recreation Commission that an ordinance be drafted to specify that the Development Preview Commission has the responsibility for reviewing and acting upon requests for street tree modifications. 6. DENIAL OF CLAIM FOR ALBERTINA F. FOSTER, AND LAURIE DIANE FOSTER. Recommended by the City Attorney. Councilman L. Miller requested that item no. 4 be pulled from the Consent Calendar. Moved by C. Miller~ seconded by Marsters that Consent Calendar items nos. 1~ 2~ 3~ 5 and 6 be approved. Carried unanimously. Council Minutes 12-7-70 Page 4 Moved by C. Miller~ seconded by Marsters that Consent Calendar item no. 4 be approved. Carried. Councilman L. Miller abstained. VII. ORDINANCES FOR ' ADOPTION 1. ORDINANCE NO. 486 An Ordinance of the City of Tustin, California, REZONING PROPERTY ON APPLICATION NO, ZC-70-219 OF R. T. FRENCH DEVELOPMENT CO. ON BEHALF OF HARRIET O. ENDERLE. Rezoning an approximate 10-acre parcel from the C-2 and R-3 Districts to the PC-C-2 District. Site fronts approximately 585' on the east side of Yorba Street, approximately 214' south of the centerline of 17th Street. First reading held 11-2-70. 2. ORDINANCE NO. 487 An Ordinance of the City of Tustin, California, REZONING PROPERTY ON APPLICATION NO. ZC-70-220 OF R. T. FRENCH DEVELOPMENT CO. ON BEHALF OF HARRIET O. ENDERLE. Rezoning an approximate 10.5-acre parcel from the R-1 District to the PC-R-3 District. Site fronts approximately 355' on the east side of Yorba Street, approximately 735' south of the centerline of 17th Street. First reading held 11-2-70. 3. ORDINANCE NO. 488 An Ordinance of the City of Tustin, California, PREZONING PROPERTY ON APPLICATION NO. FZ-70-122 OF R. T. FRENCH DEVELOPMENT CO. ON BEHALF OF HARRIET O. ENDERLE. Prezoning an approximate 27.6-acre parcel from Orange County AC-PA and AC-CN Districts to the City of Tustin P-C District. Site fronts approx- imately 1,731' on the south side of 17th Street and approximately 506' on the west side of Prospect. First reading held 11-2-70. 4. ORDINANCE NO. 489 (Revised) An Ordinance of the City of Tustin, California, AMENDING SECTION 1-17 OF THE TUSTIN CITY CODE TO PRESCRIBE CITY HOLIDAYS. 5. ORDINANCE NO. 491 An Ordinance of the City of Tustin, California, REZONING PROPERTY ON APPLICATION NO. ZC-70-221 OF ANDREWS DEVELOP- MENT COMPANY. Rezoning an approximate ll.l-acre parcel from E-4 to Pr (approx. the southern portion 210') and the PC-R-1 (approx. the northern 290'). Site fronts approximately 970' on the north side of Irvine Blvd., approximately 500' on the west side of Prospect Avehoe, and approximately 500' on the east side of "B" Street. First reading held 11-16-70. Mr. Gill recommended that Ordinance Nos. 486,487 and 488 be pulled and continued to January 18, 1971. .... . ~ Moved by C. Miller~ seconded by L. Miller that Ordinance Nos. 489 and 491 have second reading by title only. Carried unanimously. Council Minutes 12-7-70 Page 5 Moved by L. Millerr seconded by Marsters that Ordinance Nos. 489 and 491 be passed and adopted. Carried unani- mously. Councilman Oster absent. Moved by C. Miller~ seconded by L. Miller that second reading of Ordinance Nos. 4867 487 and 488 be continued to January 18~ 1971. Carried unanimously. VIII. ORDINANCES FOR INTRODUCTION 1. ORDINANCE NO. 492 An Ordinance of the City of Tustin, California, AMENDING THE TUSTIN CITY CODE TO PROHIBIT HITCH- HIKING. (continued from 11-16-70). 2. ORDINANCE NO. 494 An Ordinance of the City of Tustin, California, AMENDING THE ZONING ORDINANCE, ORDINANCE NO. 157, AS AMENDED, AND THE SIGN ORDINANCE NO. 438, AS AMENDED, CREATING THE OFFICE OF ZONING ADMINISTRATOR AND DEFINING THE DUTIES OF THE OFFICE. (As considered and amended at the Council - Commission workshop of 11-30-70). Councilman L. Miller stated that in view of Police Depart- ment report and recommendation, Ordinance No. 492 appears to be unnecessary. Moved by C. Miller~ seconded by L. Miller that Ordinance No. 492 relative to hitchhiking be taken off calendar. Carried. ORDINANCE NO. 494 - Zoning Administrator Councilman L. Miller stated that he had reservations on this and would go on record in opposition. Although the present staff is capable, this could open the door for future problems. If the Planning Commission is overworked, then the Council should consider a Zoning Commission. Councilman Marsters stated that he would rather see s three-man Zoning Commission at such time as the Planning Commission cannot handle the load. A Zoning Commission with staff assistance should enable them to widen their scope of future planning. Councilman C. Miller stated that he concurred. He did not feel that the Commission is now overburdened, and if the information was put before them, they could handle the long-range planning. Moved by Marsters~ seconded by C. Miller that Ordinance No. 494 be tabled. Mayor Coco questioned whether the Council is satisfied that the Commission has been involved in long-range planning. Are the Commission meetings shorter because they are not so involved or because they are efficient. He felt these things should be considered. Above motion to table Ordinance No. 494 carried 3 - 1. Ayes: C. Miller, Marsters, L. Miller. Noes: Coco. Absent: Oster. Council Minutes 12-7-70 Page 6 IX. RESOLUTIONS 1. RESOLUTION NO. 70-51 A Resolution of the City Council of the City of Tustin, California, REQUESTING THE LEAGUE OF CALIFORNIA CITIES AND STATE AND NATIONAL LEGISLATORS TO APPROVE THE PRO- GRAM OF UTILIZING SURPLUS MILITARY AIRCRAFT IN FIGHTING FOREST FIRES. 2. RESOLUTION NO. 70-53 A Resolution of the City Council of the City of Tustin, California, REQUESTING THE ORANGE COUNTY BOARD OF SUPERVISORS TO COMMENCE PROCEEDINGS TO CONSTRUCT A LIBRARY WITH SAID CITY. 3. RESOLUTION NO. 70-54 A Resolution of the City Council of the City of Tustin, California, AMENDING THE CITY OF TUSTIN PERSONNEL RULES AND REGULATIONS. Resolutions read by the Clerk. Councilman L. Miller asked that Resolution No. 70-51 be held for discussion. Moved by C. Miller~ seconded by L. Miller that further reading be waived and Resolutions 70-53 and 70-54 be passed and adopted. Mr. C. Greenwood, Chairman of the T.N.T. Committee, stated he was interested in the passage of Resolution 70-53, which would start the ball rolling on the library as part of the future Civic Center. Mr. Proctor, 1787 Main Street, Tustin, stated that the principal owners of the area land are very interested in what will happen on the City property at Main and Centennial. He said he hoped to tie the complex in together in any construction and, although in the County, they are willing to work with the City in any way possible. Above motion to adopt Resolutions 70-53 and 70-54 carried unanimously. RESOLUTION NO. 70-51 - Use of Military Aircraft in Fighting Forest Fires. Reports from Mr. Gill presented. Moved by L. Miller~ seconded by Marsters that Resolution No. 70-51 be tabled. Carried. X. OLD BUSINESS 1. PARCEL MAP 70-41 - APPEAL Appeal of the denial by the Planning Commission of Parcel Map application PM 70-41 to divide said parcel into four single-family residential building sites. Mr. Fleagle presented the following background information on this property located at 440 Main Street: 1) Variance 65-156 was granted for division of subject lot into three (3) parcels and said variance with ex- tensions ran for a period of 2~ 2 years without imple- mentation. It is now dead without further opportunity for extension except by uew hearings. Council Minutes 12-7-70 Page 7 2) Zone Change 69-190 to change from R-1 to R-3 PC was thoroughly debated, considered in view of changing conditions and Development Research Associates report, and denied by the Planning Commission and City Council on the premise that the property should retain its single-family residential characteristic. 3) Parcel Map 70-41 was considered by the Planning Com- mission and alternative development patterns were proposed. The alternative proposals were rejected by the neighboring property owners. The Parcel Map was denied by the Planning Commission upon recommendations of staff. 4) The applicant has appealed to the City Council the denial by the Planning Commission of PM 70-41 co create four lots and has requested that should the City Council uphold the decision of the Planning Commission, then he be given Council approval of the three (3) lot division as approved by Variance (V-65-156). Mr. Kruppe, 12312 Newport Avenue, owner of subject property, stated he had bought the property knowing a variance had been granted and it had been extended for six months. At the time, the loan companies would not issue a loan for three residences thinking that the neighborhood was going to change. He now has people interested if it is a four- lot split but not if in a three-lot breakup. Councilman Marsters said he believed a three-lot split bad, but four would be terrible and he could not see pursuing ... a me~ter which would butcher the property. Mr. Marsters stated he sympathized with Mr. Kruppe but felt the only solution would be in working with adjoining lands. Moved by Marsters~ seconded by L. Miller that Planning Commission decision denyinM PM 70-41 be upheld. Councilman C. Miller stated he had seen similar developments with private streets in Pasadena and would like more informa- tion on how these were done. In answer to questioning, Mr. Kruppe stated that economically he required the four-lot breakup. Other property in the area had been rezoned and developed as R-2, and he felt he deserved equal consideration. Under his proposed plan there would be plenty of room for parking without the private drive, utilities would be underground, and he could see little problem with the development. Mayor Coco commended Mr. Kruppe on his patience and stated that the report on the original three-lot split, which was apparently more acceptable than the four-lot split, contains paragraph after paragraph of problems which the Council cannot ignore. A solution has not been arrived at and all ~ the Council can do at this meeting is to act on what has = ~ happened to this point. Mayor Coco then called for a vote on the motion before the Council to uphold the decision of the Planning Commission. Motion carried unanimously. Councilman Oster absent. Councilman C. Miller requested that the staff find out how Pasadena handles this situation, stating he felt obliged to see what could be done. Mr. Fleaale stated that the' staff would continue to work with Mr. Kruppe. ! Council Minutes 12-7-70 Page 8 XI. NEW BUSINESS 1. PARK BOND ISSUE - See Page 2 of Minutes XII. OTHER BUSINESS 1. SIDEWALK IMPROVEMENT PROGRAM Mr. Gill reported that, of the first eleven owners, contacted, favorable responses had been received from seven, and should see start of improvements on or about the first of the year. 2. FIRST STREET IMPROVEMENT REPORT Moved by L. Miller~ seconded by C. Miller that the Council approve the concept of the team approach for contacting property owners and the policy of flexibility for center island dividers. Carried. 3. VACATION REQUEST - CITY ADMINISTRATOR Moved by C. Miller~ seconded by L. Miller that vacation request of the City Administrator be approved. Carried. 4. PEDESTRIAN WALKWAY - N/E CORNER OF RED HILL & WALNUT Council to meet for on-site study at 9:00 a.m., December t9, 1970. Tustin Meadows representatives to be invited, Council requested that the Police take a check and report as to how many children use this area. __ 5. ICE CREAM VENDING TRUCKS - Report from Chief Sissel presented. Councilman Marsters asked that all necessary measures to prevent accidents with children patronizing these trucks be taken. 6. BEAUTIFICATION AWARDS. Chamber of Commerce Manager stated that a revised program would be presented to the Council in a day or two. 7. ROCK & ROLL GATHERINGS City Attorney James G. Rourke asked for a report to Council as to where Tustin stands in this matter. 8. IRVINE INCORPORATION - CIRCULATION ELEMENT Meeting set for 6:30 p.m., December 14, 1970, for discussion with Irvine, County, City Council and Planning Commission. XIII. ADJOURNMENT Mayor Coco announced that this meeting will adjourn to 6:30 p.m., December 14, 1970. Meeting adjourned in memory of Donald W% ~ MAYOR " ~ CLERK