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HomeMy WebLinkAboutCC MINUTES 1970 11 16 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL November 16, 1970 CALL TO ORDER Meeting called co order at 7:30 p.m. by Mayor Coco. II. PLEDGE OF ALLEGIANCE Led by Mayor Coco. III. INVOCATION Given by Councilman Marsters. IV. ROLL CALL Present: Councilmen: Coco, C. Miller, Marsters, L. Miller, Oster. Absent: Councilmen: None. Others Present: Harry E. Gill, City Administrator James Rourke, City Attorney Ruth C. Poe, City Clerk K. Fleagle, Asst. City Admin., Community Dev. V, PUBLIC HEARINGS 1. APPEAL V-70~275 - GENERAL MAINTENANCE, INC. ON BEHALF OF ARCO Appeal from Planning Commission denial of a sign variance to allow a service station free-standing sign replacement with display area of 170 sq. ft. in lieu of 150 sq. ft. permitted by sign ordinance, and 35 ft. in height in lieu of 21~ ft. authorized by the sign ordinance. Site fronts % 140 ft. on the northeast side of Mitchell Avenue and ~ 150 ft. on the northwest side of Red Hill Avenue. Mr. Fleagle explained that Atlantic-Richfield has a sign re~ placement program co exchange "ARGO'! for "Richfield" at service stations. Article IV, Section 5, Ordinance No. 438 (Sign Ordinance) provides that a nonconforming sign may be modified or altered if such action will result in a substantial re- duction in the degree of non-conformity. Article VI, Section 1, Ordinance No. 438 (Sign Ordinance) authorizes the Planning Commission co grant a varianlqe when the property is deprived of privileges enjoyed by other properties in the vicinity and under similar circumstances. The Planning Commission conducted a public hearing on October 26, 1970, and unanimously denied the Variance on the basis that no finding could be made that would not be a special privilege not accorded co other properties under identical circumstances. Mr. Fleagle stated that a letter requesting denial of this Variance had been received from Lt. Col. K. M. Ford (Ret.), owner of property at 14232 Red Hill Avenue. A copy of this letter was then given the applicants for their information. Hearing opened at 7:35 p.m. Mr. James Grow, 4200 La Palma Avenue, La Patma, representing General Maintenance, Inc., showed slides of the area and sxgn visibility, and stated that a 26 ft, sign was necessary and comparable to other signs in the area, Council Minutes 11-16-70 Page 2 Mr. W~lliam Kalinak, representing Atlantic-Richfield, stated that in changing signs they simply want to retain what they have, which was built to Orange County standards. They are not enlarging on the existing sign as Col. Ford seems to imply in his letter. In answer to questioning, Mr. Kalinak stated that the high- rise sign program will be handled in 1971. This location differs from others, such as First Street and Centennial Way, due to visibility requirements. There being no further comments or objections the hearing was declared closed at 7:50 p.m. Moved by Oster~ seconded by Marsters that, as this applica- tion does not show any particular or unique hardship, the decision of the Planning Commission to deny V-70-275 be upbetd. Carried unanimously. VI. CONSENT CALENDAR 1. APPROVAL OF MINUTES - November 2, 1970 meeting. 2. APPROVAL OF DEMANDS - in amounE of $66,163.47. 3. AGREEMENT AMENDMENT - TOUPS ENGINEERING & BARTLE WELLS. Amending agreement dated May 29, 1969, and letters of agreemen~ dated AugusE 12 and August 14, 1969, to increase Phase II-negotiations by $3,500 to cover additional costs by Toups Engineering and Battle-Wells for investigation of the feasibility of acquisition of the Tustin Water Works by the City. 4. TOPICS To secure the services of VTN to assist the City in making the necessary TOPICS studies in accordance with proposal dated June 4, 1970. Councilman Oster requested that items 3 and 4 of Consent Calendar be pulled. Moved by Oster~ seconded by L. Miller that items 1 and 2 of the Consent Calendar be approved. Carried unanimously. 3. AGREEMENT AMENDMENT - TOUPS ENGINEERING & BARTLE-WELLS Councilman Oster stated that apparently the City had passed the original obligation and an additional $2,000 was re- quested for Toups Engineering as well as $1,500 to cover expenses of Bartie-Wells. Mr. Oster said he did not want to get involved in consultant services of bottomless pits and if this expenditure authorization will clear this ser- vice up, he would go along with it. Moved by Oster~ seconded by L. Miller that amendments ~o agreement dated May 29~ 1969~ and letters of agreemenn dated August 12 and August 14~ 1969~ to increase Phase II- negotiations by $3~500 to cover additional costs by Toups Engineering and Bartie-Wells for investigation of the feasibility of acquisition of the Tustin Water Works by the City be approved. Carried unanimously. Council MintlEes 11-16-70 Page 3 4. TOPICS Councilman Oster stated that from the staff report it appears that the final estimate would be around $14,000. tie wanted to make it clear that the City's portion will be limited to $750.00. The additional costs would be paid by TOPICS, and the City would not be committed to any money over and above $750.00. Moved by Oster~ seconded by L. Miller that the Council secure the services of VTN to assist the City in making the necessary TOPICS studies in accordance with proposal dated June 4, 1970. Carried unanimously. VII. ORDINANCES FOR ADOPTION 1. ORDINANCE N0. 486 An Ordinance of the City of Tustin, California, REZONING PROPERTY ON APPLICATION NO. Z.C. 70-219 OF R. T. FRENCH DEVELOPMENT CO. ON BEHALF OF HARRIET O. ENDERLE. Rezoning an approx. 10-acre parcel from the C-2 & R-3 Districts to the PC-C-2 District. Site fronts approx. 585' on the east side of Yorba Street, approx. 214' south of the center- line 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. Z. C. 70-220 OF R. T. FRENCH DEVELOPMENT CO. ON BEHALF OF HARRIET O. ENDERLE. Rezoning an approx. 10.5 acre parcel from the R-t District to the PC-R-3 District. Site fronts approx. 355' on the east side of Yorba Street, approx. 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. P.Z. 70-122 OF R. T. FRENCH DEVELOPMENT CO. ON BEHALF OF HARRIET O. ENDERLE. Prezoning an approx. 27.6-acre parcel from Orange County AC-Pa and AC-CN Districts to the City of Tustin P-C District. Site fronts approx. 1731' on the south side of 17th Street and approx. 506' on the west side of Prospect. First reading held 11-2-70. 4. ORDINANCE NO. 489 An Ordinance of the City of Tustin, California, AMENDING SECTION 1-17 OF THE TUSTIN CITY CODE TO PRESCRIBE CITY HOLIDAYS. To comply with Chapter 1521, Section 2 of the State Code which states that the third Monday in February (replacing Washington's birthdate of February 22nd) and the last Monday in May (Memorial Day) will be designated as Holidays commencing 1-1-71. First reading held 11-2-70. Council Minut-es 11-16-70 Page 5. ORDINANCE NO. 490 An Ordinance of the City of Tustin, California, ADDING CHAPTER 25 TO THE TUSTIN CITY CODE, REGULATING BATHS, SAUNA BATHS AND MASSAGE PARLORS. First reading held 11-2-70. Mayor Coco stated that a letter had been received from the proponents of Ordinance Nos. 486,487, and 488, requesting continuance of these items to December 7, 1970. Moved by L. Miller~ seconded by Oster that adoption of Ordinance Nos. 486~ 487~ and 488 be continued to December 7th, and after reading by title, further reading be waived and Ordinance Nos. 489 and 490 be passed and adopted. Ordinance Nos. 489 and 490 read by title. Above motion carried by roll call. Ayes: Coco, C. Miller, Marsters, L. Miller, Oster. Noes: None. &bsent: None. Mr. David Carlson, representing American Massage and Therapy Association, stated that he believes this to be a good Ordinance but said he would recommend that in the future it be amended co require written cesE on massage techniques. His Association would supply all questions and answers to the City. Councilman Marsters asked the City Attorney to look into this area. Mr. Rourke said he would have R report at the next Council meeting as to the feasibility of testing and its use in other Cities, VIII. ORDINANCES FOR INTRODUCTION t. ORDINANCE NO. 491 An Ordinance of the City of Tustin, California, REZONING PROPERTY ON APPLICATION NO. Z.C. 70-221 OF ANDREWS DEVELOPMENT COMPANY. Rezoning an approx. ll.l-acre parcel from E-4 to Pr (approximately the southern 210') and the PC-R-1 (approximately the northern 290'). Site fronts approx. 970' on the nortb side of Irvine Blvd., approx. 500' on the west side of Prospect Avenue, and approx. 500' on the east side of "B" Street. 2. ORDINANCE NO. 492 An Ordinance of the City of Tustin, California, AMENDING THE TUSTIN CITY CODE TO PROHIBIT HITCH- HIKING. (Defermerit reconmended by staff.) Moved by C. MillerI seconded by L. Miller that Ordinance 491 have first reading by title only. Carried unanimously. Moved by Oster~ seconded by L. Miller that consideration of Ordinance 492 be deferred to December 7tb meeting. Carried unanimously. Council MintIres 11-16-70 Pagc 5 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. Councilman L. Miller stated that he was not in disfavor of this Resolution, but asked if the State Department of Forestry had been contacted. Perhaps they prefer money go to preventive measures, more water or some alternate method. Mr. Miller also asked which city had originated the request for fifty aircraft. ~ayor Coco stated that Forestry has not been contacted and that the City of Long Beach'was the originating city. Moved by L. Miller~ seconded by Marsters that prior to adoption of this Resolution, Forestry be contacted to see if they believe this is a solution or for possible alter- nate solutions. Carried. Councilman Oster requested that the staff check with the City of Long Beach for their reasons and thinking on this matter. X. OLD BUSINESS None. XI. BUSINESS None. XII. OTHER BUSINESS 1. U. S. C. PROGRAM FOR TRAINING & DEVELOPMENT SCHOOL OF PUBLIC ADMINISTRATION. Moved by Oster~ seconded by L. Miller that funds be author- ized for the attendance of Mr. Ken Fleagle at this Training Program. Carried. 2- CRITERIA FOR PARKING & STOPPING OF VENDING TRUCKS. Councilman Marsters related the incident of the child killed in Ptacentia when coming from behind an ice cream vending truck and stated he would like comments from the Police Department regarding criteria for where these trucks stop and how they position them. 3. RESOLUTION NO. 70-52 A Resolution of the City Council of the City of Tustin, California, COMMENDING WILLIAM H. HIRSTEIN. Moved by C. Miller~ seconded by L. Miller that Resolution No. 70-52 be read ~y title only. Carried unanimously. Moved by C. Miller~ seconded by L. Miller that Resolution No. 70-52, commending William H. Hirstein be passed and adopted. Carried unanimously. Resolution co be signed by all Councilmen. Council Mfnutcs 11-16-70 Pa~e 6 Councilman Marsters stated that he would attend the llirstein- Allen retirement. dinner and present this Resolution. 4. MR. KRUPPE, OWNER OF PROPERTY ON MAIN STREET. Mr. Kruppe stated that he had presented a plot plan on his property whicb had been turned down by the Planning Commission. He had been under the impression that this matter would auto- matically come before the Council, but had been informed that this was non the case. Mr. Kruppe asked the Council what the next step would be. Mr. Fleaale explained that only zone changes and final tract maps went automatically to the Council. He said Mr. Kruppe has two alternatives. a) Appeal, by letter, the denial by the Commission. As this is not a public hearing, it would then come before the Council at its following meeting. b) File for a Variance for sub-standard lots and pay the Variance fees. Mr. Kruppe was told to file his letter appealing the decision of the Planning Commission and the matter could be considered at the December 7th Council meeting. 5. FOLLOWING REPORTS RECEIVED: 1) Matters of Council Concern Incorporation Hearing Delayed. b. Irvine General Plan Hearing. c. Packing House Owners & Residents--notifed of Public Hearing. d. Freeway Interchange Improvements. e. Flood & Mudslide Insurance Program. 2) Civic Center Development Report--H. Gill. 3) Status of Fire Service Discussion--D. Blanketship. 4) Sidewalk Deficiencies letter--H. Gill. 5) Resolution in Critique of the Amendments to the Irvine General Plan--Tustin Planning Commission, XIII. ADJOURNMENT There being no further business the meeting was declared adjourned by Mayor Coco. · ' MAYOR