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HomeMy WebLinkAboutCC MINUTES 1970 09 21 MINUTES OF A REGULAR MEETING TUST1N CITY COUNCIL September 21, 1970 CALL TO ORDER Meeting called ~o 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: Mayor Coco, Councilmen C. Miller, L. Miller, Marsters, Oster Absent: None Others Present: City Attorney, James Rourke Ass't City Administrator, Dan Blankenship Ass't City Administrator Community Development, Ken Fleagle City Clerk - Ruth Poe V. PUBLIC HEARINGS 1. AMENDMENT TO THE ZONING ORDINANCE TO ESTABLISH A COMMERCIAL PLANNED DEVELOPMENT DISTRICT. An amendment to the Zoning Ordinance, initiated by the Planning Commission on its own motion, to establish a Commercial Planned Development (CPD) District. Proposed district would be applicable to commercial property within the town center area and specify criteria for planned commercial devel- opment. Said proposal authorizes consolidated development of property, provides buffers for adjacent residential properties, and authorizes consolidated off-site parking accommodations. Mr. Fleagle stated that the proposed ordinance was merely a classification to go into the zoning ordinance. It does not change any classification of any p~operty within the city. It is a vehicle for the purpose of encouraging redevelopment to give the private property owner an incentive to proceed in that direction. The ordinance has been reviewed by numerous committees in draft form over a period of the last six months and there has not been any opposition voiced during that time. Mayor Coco opened the public portion of the heari at 7:45 p.m. Charles Greenwoed~ 366 East First, Tustin stated that it was hoped that this ordinance would help redevelopment of the downtown area. This is a method that could be used to combine parcels into one and put in some rules that would be helpful to the developer. ~ayor Coco read a letter whtch had jusu b{}{in rccomvf-c froIn Mr. Arthur M. Charioton who stated that tie was not in favor of this change. Mayor Coco closed tile public hearrang a~ 7:50 as there were no objections or further co~nenus. Councilman C. Miller stated there were some technical provisions which he did not understand and would like the staff ~o present some models and visual aids to clarify these provlsmons. Councilman L. Miller concurred with C. Miller Moved by Councilman C. Miller, seconded by Councilman L. Miller that this maEEer be continued ~o the nexn regular meetmng and that the staff provide the Council with any additiDnal aids necessary to clarify these points. Carried Unanimously. VI. CONSENT CALENDAR CONSENT CALENDAR Moved by Councilman OsEer, seconded by Councilman L. Miller that items of the Consent Calendar be approved as recommended, by the following roll call vote. AYES: Councilmen: Coco, C. Miller, L. Miller, Marsters, Oster NOES: Councilmen: None ABSENT: Councilmen: None 1. ACCEPTANCE OF WORK ON CONSTRUCTION OF TRAFFIC SIGNALS ON RED HILL AVE. AT WALNUT AND SYCAMORE AVES. Recommended by the City Engineer that the City Council accept the work and authorize paymenE of $22,273.20, which is 90% of the contract amount, less previous partial payments, to the contractor, Steiny & Company, Inc. and assuming no liens or claims are filed that final 10% be paid in 35 days. 2. EXTENSION OF IMPROVEMENT AGREEMENT NO. 107 WITH MALO, INC. Installation of street trees in conjunction with go-cart establishment at 1062 Laguna Road - Extension recommended by the City Engineer. 3. QUITCLAIM OF DRAINAGE EASEMENT TO ORANGE COUNTY FLOOD CONTROL DISTRICT. Ten foot easement in Lot 9 of Trace 3541 - recommended by the City Engineer. 4. APPROVAL OF DEMANDS. 5. APPROVAL OF MINUTES - September 8, 1970 VII. 1. ORDINANCES FOR ADOPTION ORDINANCE FOR ORDINANCE NO, 481 ADOPTION An Ordinance of the City of Tustin, REZONING PROPERTY OF WILLIAM W. ZINK, JR. ON APPLICATION NO. Z.C. 70-217. Rczoning a 4.75 acrl'.~ parcel of land frr~I~, R-4 to IIC-I,-j (2350). Site ffc)l~t~ at'>l~rox~Iuatcl¥ 330 fc{:t on th~ souEhcast side of Red llill Avenues, a}~prcxjmately 300 feet southwesterly of Mitchell Avem~ue. Moved by Councilman L. Mille. r, seconded bv CouI~cilrr~aI~ C. Miller than Ordinance No. 481 have its seconci reading by title only. Carried UnanimouslTM· Moved by Councilman Oster, seconded by Councilman L. Miller that Ordinance No. 481 rezoning property of William W. Zink, Jr. on Application No; Z.C. 70-217 be adopted. Carried Unanimously. VIII. ORDINANCES FOR INTRODUCTION ORDINANCES FOR INTRODUCTION ORDINANCE NO. 483 An Ordinance of the City of Tustin, California, REZONING PROPERTY ON APPLICATION NO. ZC 70-218 OF R. B. HORNE. Rezoning from the R-3 to C-1 District property located on the northeast corner of Newport and Walnut Avenues. Moved by Councilman ester, seconded by Councilman L. Miller that Ordinance No. 483 have first reading by title only. Carried Unanimously. IX. RESOLUTIONS RESOLUTIONS RESOLUTION NO. 70-44 A Resolution of the City Council of the City of Tustin, California, ADOPTING POLICY NO. 50-1 RELATIVE TO USE OF PUBLIC AREAS. RESOLUTION NO. 70-45 A Resolution of the City Council of the City of Tustin, ANNEXING TO THE CITY OF TUSTIN CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN, AND DESIGNATED "NEWPORT- SYCAMORE ANNEXATION NO. 66" RESOLUTION NO. 70-46 A Resolution of the City Council of the City of Tustin California, APPROVING PLANS AND SPECIFICATIONS FOR THE WIDENING OF BRYAN AVENUE, AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS. Requested by Councilman C. Miller that Resolution No. 70-44 be held for further discussion. Moved by Councilman C. Millerr seconded by Councilma Oster that further reading be waived on Resolutions 70-45 and 70-46 and that they be adopted by Roll Call vote. AYES: Councilmen: Coco, C. Miller, Marsters, L. Miller, ester NOES: Councilmen: None ABSENT: Councilmen: None RESOLUTION NO. 70-44 Jim Rourke submisted some recolmnendations conccrni~ this resolution in regard to the PurDosef; of Use and the Policy. I]e stated that he didn't feel that the Police Department should have veto power over the granting or not granting of permission to use Public Parks or Recreation facilities as there was no criteria set forth for them to judge by. Felt the decision should be left up to the Parks DeparEmenn, Moved by Councilman L. Miller, seconded by Councilman Oster that revised Resolution No. 70-44 (deletion of Police Department Veto Power) be adopted as submitted and that further reading be waived by a roll call vo~e. Carried unanimously. X. OLD BUSINESS 1. PARCEL MAPS 70-36 THROUGH 70-40 FILED BY H. B. DEVELOPMENT CO. Councilman Oster stated that he would be abstaining on the Parcel Maps. Moved by Councilman C. Miller, seconded by Councilman L. Miller that Parcel Maps 70-36 be approved subjecE to the City Engineer's Recomm~endation. Carried .unanimously. Moved by Councilman L. Miller, seconded by Mayor Coco that Parcel Maps 70-37 through 70-40 be approved subject to recommendations by the City Engmneer. Councilman C. Miller stated that he didn't approve of any of ~he Parcel Maps except 70-36. He considered the other parcels a poor way in which to develop property. It would be giving approval to someth. ing that never would have been approved and built this way had the property been divided this way originally. There ~s the long range problem that when some owner wants to do something significant with this mroperty, he will be unable to do so because of reciprocal easements, deeds and smaller parcels. Councilman L. Miller stated that he felt by not passing these reeuested parcel maps that we may be putting undue hardship on the owner. Councilman Marsters stated that in his opinion the present owner knew what he was getting into when he bought the property and further subdividing would only create problems for the City. A vote was taken by roll call vote. Not approved, split vote. AYES: Councilman: Coco, L. Miller ~-' NOES: Councilman: Marsters, C. Miller ABSTAINING: Councilman: Oster ABSENT: Councilman: None 2:. CONjSIDERATION OF DEVELOPMENT PREVIEW COMMISSION QUESTIONNAIRE AND TRANSMITTAL LETTER. Councilman L. Miller asked that Mr. Ed ttayworth come forward to answer some questions regarding the prepaid fee and the qu:estionnaire. Mr. Ed II;~w~rtl~, 5101 Harkam Lane, ~;anta Aria stated that the prcI~aid fec is a policy Llley (Mr. Le~c~a~d Mr. ilaworkh) have used on a few other contracts; when dealing w~th AIA. lie feels that if it were acceptable, that the fixed fee of $500 be payable upon completion of Phase II (draft of the model ordinance). In regard to the questionnaire, it was discussed and the feeling was that the queszionnaire would he anonymous and subject to review by the Council either individually or in a group. Moved by Councilman L. Miller, seconded by Councilman C. Miller that the proposal by Mr. Haworth for Pro3ecns for Open Coxmnunities be approved as submitted and implemented as soon as pcssible. Carried Unanimously. XI. NEW BUSINESS 1. SUBMISSION OF RECOMMENDATIONS - TNT COMMITTEE CHAIRMAN, CHARLES GREENWOOD Charles Greenwood, 366 East First Street, Tustin reported that the TNT Committee is in favor of establishing additional parks within the City. tie stated that before any real action could be taken, a decision as to the location of the new Civic Center was necessary. Mayor Coco stated that the City was closer than ever to making a decision in regard to the Civic Center. Discussions had already been started with the County with regard to the fire station and library. Councilman C. Miller stated that support of the ~arks pro3ecn was very dependent upon individuals who supported this type of action and was hopeful that with the help of individuals and groups like TNT that the new parks program could be initiated. XII. OTHER BUSINESS 1. ARTICLE FIVE OF THE CITY CODE - RESTRICTIONS ON KEEPING OF ANIMALS AND BIRDS. Mr. Blankinship stated that the City Administrator had received a request from some Tustin residents concerning keeping a monkey within the city limits. As the City Code now reads, residents are prohibited from maintaining animals other than dogs, cats,birds and small animals. The City Administrator has recommended that the City Code be changed to provide a broader definition. Councilman C. Miller discussed the possibility of including within the Code a provision for revoking the privilege if the animal is found to be a nuisance. Mr. Rourke stated that the City of Newporn Beach issued a permit with conditions imposed which included a provision to revoke the license if the animal became a problem. Movect by Cotlnc~ ] man t,. Mi 1 ] i-,r, second{~d by S!~!ln<;i 1 ?i2:SS Oster that tile City Attornuy be direcLeu ~o ~lraru an ordinance amending the mainechance of w'i. ld animals with a provision to revoke same. Carried unanimously. 2. POLICE AND EQUIPMENT BUDGET ADJUSTMENTS Mr. Blankenship stated tha~ there were several budge~ adjustments for which the City Administrator recommended action. Within the report, section C (temporary Fire S~ation) and section D (architectural services, maintenance yard) have been deferred for further study. Section A(provide an Operations Commander within the Police Department), section B(permitting use of one Senior Policeman for traffi~ control), Section "New" (hiring a relief officer) and section E(miscellaneous office equipment and furniture) comes to a total of $25,000. Moved by Councilman Marsters, seconded by Councilman L. Miller Eo authorize action on item E for office equipmen~ and furniture and defer the other items until after a meeting with the Police Chief and Fire Chief relative to the Barry Report. Ma~,or Coco stated that items A, B, and New have been concurred in by the Polise Chief and any further discussion on the 5th would not really change the items. Moved by Councilman Oster, seconded by Councilman Marsters that the previous motion be amended to include item B permitting use of one Senior ~oliceman. Moved by Councilman Marsters, seconded by Councilman L. Miller that the previous motion plus the amended motion be further amended to include item A. Moved by Councilman C. Miller, seconded by Councilman L. Miller to offer a substitute motion to include all items except C and D for adoption. Carried unanimously. 3. MATTERS OF COUNCIL CONCERN A. SIDEWALKS ON RED HILL AVE. AND WALNUT Mr. Blankenship stated that the staff had requested some sort of direction from the Council as to whether or not they wished the City to pursue ccudemnation for right-of-way or some other action. Mr. Myers stated that the owner of the property on Red Hill, Mr. Nisson, would not grant right-of- way and the staff would consider pursuing condemning in order to gain enough property to allow the City to do the job of sidewalks ~n the proper manner. Councilman L. Miller made a motion that the City Engineer explore the cosE factors involved in establishing temporary r~ght-of-way and that of a full right-of-way that the City may ultimately need. Councilman C. Miller seconded the motion. Carried unanimously. B. Councilman Marsters stated that he had read recently that the City of San Clcmcnte had established an Emergency Number (#911). Stated he would like to see the City of Tu~;tin invcstiqatc the p<~r~;.fbilit7 of establizhing the sume. Mr. Jim Sullivan, 26242 Papaguyo Way, Mission Viejo, steppe~ forward and stated that establishing an emergency number required cooperation of all emergency agencies. Said it was somewhat difficult but as a representative ef the telephone co. he would be happy to discuss this with the Council. C. HOLTHE DISPOSAL SERVICE - TRASH PICKUP Council discussed the problems that seem to be prevalent with the trash pickup service in the Tustin area. No action taken. D, PARKS AND RECREATION OUTDOOR FACILITY USE APPLICATION Mr. John Sauer, Tustin Meadows, stated on behalf of the Tustin Meadows Community Homeowners Association that they fully approved of the new application. He stated, for the public record, that the association had made attempts to acqumre help from the Department for their Fourth of July celebratior and were turned downby the Maintenanbe Department. He said that the Association was a responsible organization and most anxious to cooperate with the City in whatever manner possible. XIII. ADJOURNMENT. Moved by Councilman L. Miller, seconded by Councilman Oster that the meeting be adjourned. Mayor ~