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HomeMy WebLinkAboutCC MINUTES 1970 09 08 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL September 8, 1970 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 Oster IV. ROLL CALL Present: Mayor Coco, Councilmen C. Miller, L. Miller, Oster Absent: Councilman Marsters Others Present: City Administrator, Harry E. Gill City Attorney: James Rourke Ass't City Administrator: Dan Blankenship Ass't City Administrator - Community Development, Ken Fleagle V. PUBLIC HEARINGS 1. ZC 70-218 OF R. B. HORNE ON BEHALF OF G.L.A. DEVELOPMENT COMPANY. Application for a zone change from R-3 to C-1 District for the purpose of enabling the con- structlon of a takeout food establishment. The site is located on the northeast corner (northerly 90 feet) of Newport and Walnut Avenu~ Property consists of 140' frontage on Walnut and + 290' on Newport Avenue. Mr. Fleagle showed a video tape of the subject property south of the Santa Ana Freeway for zone change from R-3 to C-1 as requested by the appli- cant. He stated that it was the staff's opinion that there was a great deal of under-developed and undeveloped land'within the area that was presently zoned for commercial use. The burden of proof was upon the applicant to show that the requested zone change would enable better utilization of the property than would result from the existing R-3 zonxng. Mayor Coco opened the public portion of the hearing at 8:10~ Mr. Robert Horne0 14821 Hillsboro Place, Tustin stated that the property in question was to be used for a patio restaurant and that the main issue " tonight was the re-zoning to a commercial proper He stated that he had looked at several differen commercial properties, each one not suitable or available to their needs. One requirement of theirs was property for lease rather than cash purchase. Also, they were looking for property located xn a high density area on a street with a high traffic count. After analyzing the p pcrt~' ro available decided to concentrate their efforts in the South Tustin area finally settling on the property in question owned by Mr. George Argyros. Mr. Horne felt that there were many good rear;onr~ to justify this zoning change. As the other tl~ree corners of the intersection were already comm~rcial] zoned he stated it seemed logical to rezonc the remaining corner. Rezoning this parcel would enhance the service facilities available to all families in this neighborhood especially in the light of the increased population growth. ~r. John Sauer, 1562 Summerville Ave, Tustin representing Hickory Rib Houses stated what they determined to be some of the more advantageous uses for the property. He reflected on the high population density (i335 new homes in the past two years and numerous new apartment complexeS) plus the increased number of industrial buildings in the area. He also pointed out that the size of the parcel in question was only slightly more than an acre and only ~o-tenths of one percent of the commercial acreage in Tustin. He also stated that this would be a source of increased revenue for the City of Tustin and could be generatf in the very near future as construction plans were ready for immediate implementation. Mr. Charles G~eenwood, 3'66 East First Street rep- resentin~ Mr. George Argyros, the owner, stated that any problems which might arise in regard to the surrounding apartments will most certainly be taken up upon application for the Use Permit. He thereupon reviewed some of the commercial property now a~ailable and the problems that they met surrounding each One. Mayor Coco closed the public hearing at 8:15 as there were no objections or further comments. Councilman Oster asked whether or not this was going to be a drive-in and whether or not a Use Permit was required. Mr. Horne was brought forward and stated that it would be a patio type of restaurant, one of high quality, clean and serving a good product at a reasonable price. It will also offer take-home convenience. Mr. Fleagle stated that any take-out establishment in a C-1 zone would require a Use Permit and that the application had been filed. Councilman Oster asked if there were any plans to having the odors emanating from the building being directed away from the apartments. Mr. Horne replied that because of their unique cooking process there would be very little smoke only vapor of a water type. Councilman Oster asked the staff regarding items 2,3,4 & 5 of the EngineeriD~ Report concerninq ~n installation of curbS, gutters and street improve as to whether or not this was a standard condition for the entire parcel to immediately place the curbs and gutters or was it ~n conjunction with building permit. Mr. Flea{ ]{ stated that thi:~ wa!~ a dopartur{~ from th~l'i~cvious proceedings of the Council and the Planning Commission for the Ci~:y ]:ngineer to recordlend full street improvcmenLs at the time. of the zone change. Councilman Oster then suggested these requirements be met by posting a bond or anything that would be reasonable. Moved by Councilman C. Miller, seconded by Councilman Osier that a zone change be adupted __ under the condition of granting a ten foot additional right-of-way to Walnut Ave. and a standard cut-off. As for the o~her improve- ments (curb, gutter, street lighting, arrangemenLs with MWD and Santa Ana Valley irrigation), they should be subject to an 18 month completion bond for the estimated value of the work to be done (determined by the City Engineer) for item listed as two through five in the Engineering Report. The above motion to adopt the zone change ZC 70-218 carried unanimously by roll call. AYES: Councilmen: Coco, C. Miller, L. Miller, Os- NOES: Councilmen: None ABSENT: Councilmen: Marsters Councilman C. Miller stated that the reason why he reversed his decismon to grant a zoning change was that he felt it was logical as there were so many apartments in the area already. By rezoning to a commercial area would lessen the drain on the City economics in respect to police pro- tection which would be less for a commercial build__in vs. an apartment complex which requires much mor~ protection. Councilman Oster stated for future reference by the Planning Commission that he voted for the zone change because all other three corners were developed commercially and that it was a logical piece of property to be VI. CONSENT CALENDAR CONSENT CALENDAR Moved by Councilman C. Miller, seconded by Council- man L. Miller to remove item ~2 from the Consen~ Calendar. Carried. Moved by Councilman Oster, seconded by Councilma5 L. Miller that the following consen~ items be approved as recommended, by the following roll call vote. AYES: Councilmen: Coco, C. Miller, L. Miller, 0s NOES: Councilmen: None -- ABSENT: Councilmen: Marsters 1. APPROVAL OF MINUTES August 17 and August 2 1970. 3. ANNUAL MASTER RECREATION AGREEMENT WITH TUSTIN ELEMENTARY SCHOOL DISTRICT Recommended by the Parks and Recreation Commi5' sion that said agrcemenn be approved and execution by the Mayor authorized. P,~I~, 4 4. ACKNOWLEDGEMENT OF MERGER OF SOUTHERN COUNTIES GAS CO. AND SOUTHERN CALIFORNIA GAS CO. TO BE KNOWN AS SOUTHERN CALIFORNIA GAS CO. 5. APPROVAL OF REVISIONS TO PADS BY-LAWS Authorize Council to suppor~ the proposed amenc~'nents b~ City's delegate and alternate to Board of Directors of PADS. Recommended .-. by Assistant City Administrator. 6. APPROVAL OF DEMANDS In amount of $165,624.04 2. APPROVAL OF PARCEL MAP 70-36 THROUGH 70-40 Recommended by the Planning Commission that pursuant to Section 18-13 (c) of the Tustin City Code, Parcel Map 70-36 through 70-40 be approved and the requirements and fee for final map be omitted. Located easterly of Newport Avenue ~n the areas of Pasadena Avenue, Altadena Drive and Kenyon Drive. Councilman C. Miller stated that he believed that we would be remiss in approving application of the parcel maps as it involved all kinds of agreements and patterns of development and land use that we certainly would not have approved had the parcels been divided as desired by the owner now. Feels that by approving this we will be creating problems for some Council in the future. Moved by Councilman C. Miller, seconded by Councilman L. Miller ~o deny the reques~ for application for the parcel maps 70-36 through 70-40. Councilman L. Miller requested that even though this was no~ a public hearing he would like some additional information from Mr. Salkin. Mr. Salkin, 1045 West Collins Avenue, stated that he thought he could bring forth some facts and information which would bring out the entire facts in the case. Concerning parcel map 70-36 he stated that they were asking to split two parcels at the corner of Kenyon Drive and Newport because the legal description happened to put a line between parcel one and two that catches a corner of the building on parcel two. Parcel Map 70-37 in which every lot has legal ~rontage~ sewer and side~ards, however, the problem seems to be a private alley to the rear of the three parcels. Parcel map 70-38 requires a separation between lot three and four. Parcel Map 70-39 concerns a common access problem. Parcel Map 70-40 involved three parcels with a common alley. The above motion to deny the request for parcel Maps failed by roll call. AYES: Councilmen: C. Miller NOES: Councilmen: Coco, L. Miller ABSTAIN: Councilmen: Oster ABSENT: Councilmen: Marsters Moved by L. Nil, lcr, !;ccor~llcd bZ C. Mil lc~T th,~n the ma~tcr'Sf apDIIC~ILiOI] LOt p~trccl [lla})~ be deferred back to the staff' for further dis;cusslon. Motion cnrried VII. ORDINANCES FOR ADOPTION: ORDINANCES FOR ADOPTION NONE VIII. ORDINANCES FOR INTRODUCTION: ORDINANCES FOR INTRODUCTION Moved by Councilman ester, seconded by Councilma L. Miller that Ordinance No. 481 be read by titl~ only. Carried Unanimously ORDINANCE NO. 481 An Ordinance of the City of Tustin, California, REZONING PROPERTY OF WILLIAM W. ZINK, JR. ON APP- LICATION NO. Z C. 70-217. Rezoning a 4.75 acre parcel of land from R-4 to PC-R-3 (2350). Site fronts approximately 330 feet on the southeast side Of.Red ]{ill Avenue, approvimately 300 feet southwesterly of Mitchell Avenue. ORDINANCE NO. 482 An Ordinance of the City of .Tustinl 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. Moved by Councilman C. Miller, seconded by Counc ma L. Miller that action be deferred on Ordinance N~. 482 until after the next meeting of the Plannmng Commission on November 30, 1970. Carried Unanimous] IX. RESOLUTIONS RESOLUTIONS 1. RESOLUTION NO. 70-41 A Resolution of the City Council of the City of Tustin, California, AMENDING RESOLUTIONS NO. 840 RELATIVE TO COUNCIL POLICY NO. 20-9 (Uniform Allowance Policy). Recommended for adoption by Assistant City Administrator. 2. RESOLUTION NO. .70-42 A Resolution of the City Council of the City of Tustin, California, ASCERTAINING AND DETERMINING TIIE PREVAILING RATES OF WAGE TO BE PAID ON PUBLIC WORKS CONTRACTS IN THE CITY OF TUSTIN, CALIFORNIA. Recommended for adoption by the City Engineer. Requested by Councilman L. Miller that Resolution #70-42 be removed from the Calend- in order to hold separate discussion on the matter. 3. RESOLUTION NO. 70-43 A Resolution of the City Council of the City of Tustin, California, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTlION OF STREET IMPROVEMISNTS ON LAGUNA RD., NEWPORT AVE., AND BROWNING AVE., AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS. IlEcommendcd for adoption by the? City Engineer, Moved by Councilman E. Miller, seconded by mend Osizer m~a~ fur~ller reading of Resolution no. 70-41 and 70-43 be waived and the Resoluffions be adopted. Carried unanimously by roll call vote. AYES: Councilmen: Coco, C0 Miller, L. Miller, Os NOES: Councilmen: None ABSENT: Councilmen: Marsters RESOLUTION NO. 70-42 Councilman L. Miller stated that this resolution is basically causing a closed shop ~ype of operation on bidding. He stated that he felt the resolution took away the competitive situation by forcing all contractors to be paying one wage. Councilman C. Miller stated that he felt it would be well to have the City Attorney g~ve a professicna opinion on what the law does require us to do, James Rourke stated that the law requires that we determine wha~ the prevailing wage rates are. We cannot make it on what the state m~nimum law is, however, felt he could give a more complete explanation at the next meeting. Moved by Councilmah L. Miller, seconded by Councilman C. Miller that Resolution no. 70-42 be read by title only. Moved by Councilman C. Miller, seconded by Councilman L. Miller that Resolution No. 70-42 a .Resolution ASCERTAINING AND DETERMINING THE PREVAILING RATES OF WAGE TO BE PAID ON PUBLIC WORKS CONTRACTS IN THE CITY OF TUSTIN, CALIFORNIA be adopted. Carried. X. OLD BUSINESS OLD BUSINESS None XI. NEW BUSINESS NEW BUSINESS 1. REQUEST OF MRS. SHIRLEY STAUFFER FOR TIME BEFORE THE COUNCIL RELATIVE TO HAZARDS OF CHILDREN FROM TUSTIN MEADOWS WALKING TO C. E. UTT SCHOOL. It was decided by the City Council after discussion of the problems confronting the children who must use Red }{ill to get to C. E. Utt School that a letter, signed by the Mayor, would be sent Eo the School Board requesting busing for those children living beyond the two mile distance to the school, 2, CREATION OF POLICY FOR USE OF CITY PROPERTY REQUESTED BY THE PARKS AND RECREATION COMMIS~ It war; the cont;cn:;u5 of tile COllllCj ]. tll,tK ,x paragraph be ].m.;()rtcd [n t]](~ rule:; rf~i]illTdl. Ilr] security 9udrds and/or of[ duty polictmt~n, Movad by Councilman Oster, seconded by L. Mi].ler to have this item continued at the nOXE regular meeting. Carried Unanimously. 3, ITEMS SUBMITTED BY THE ORANGE COUNTY DIVISION LEAGUE OF CALIFORNIA CITIES FOR CONSIDERATION 1. To approve the formation of the Orange County Transit District at the general election November 3, as proposed by the City of Anaheim. After discussion it was the feeling of the City Council not to take a position on the formation of the Orange County Transit 'District at this time. 2. To Oppose any legislative mandate which creates new regional government agencies, as proposed by the City of Fountain Valley. Following discussion, it was the feeling of the City Council not to take any aczion on the Fountain Valley resclution until after further study. 3. To oppose Senate Bill 104 unEil studies are concluded. to show provision that will enhance interseczlon safety and/or effic- iency, as proposed by the City of Huntingzon Beach. ~ Upon discussion of Senate Bill 104 it was decided by the City Council to support th~ ' City of Huntington Beach proposal. XII. OTHER BUSINESS 1. Consideration of a device to be installed on signals which would enable the signals to automatically flash. Mr. Gill asked if the Council was interested in going ahead with this project. The cost to the City would be about $1200.00 total, at $125 per signal. Upon discussion by the Coungil, it was felt that no action should be taken at this time. 2. Removal of Packing Houses on Newmort Avenue. Councilman Oster suggested that the City Staff prepare a report with recommendations to be presented to the City Council has to the real or imagined hazards of these packing houses and the suggested action to be taken. 3. Employment of a Right-of-Way Aaent to Aid in the Acquisition of Land On First Street Moved by Councilman O~ter, seconded by Councilman ~7. M'iTl. l~r to authorize the Mayor and City to execute the agreement relative to the ut;e of a right-of-way agent in securing the land along First Street. Carriod 4. Center Island on Irvine Blvd. It was the conserlsus of the2 Council non to go ahead with an Engineering Study as the cost has not been included in th{~ Budget. 5. Employee eligibility no bid at City Auction It was determined by the City Council to uphold the current policy of not allowing City Employees ~'to bi~ at the City Auction. 6. League of California Cities Representative and Alternate in San Diego Moved by Councilman L. Miller, seconded by Councilman ester that the Mayor carry the voting card to the Conference in San Diego, and that the Mayor Pro Tem act as an alternate. 7. Planting of Trees at City Hall It was suggested by Councilman L. Miller that trees be planted along the entrance to City Hall as soon as possible. It was the consensus of the Council that this should be done. 8. Painting of Street Numbers on Curbs It was the consensus of the City Council that improper wording had been used on the original notice that was sen~ ~o some of the residents in Tustin, and was accordingly reworded. 9. Prohibition of Fireworks Mr. Gill submitted a letter from the Orange County Fire Chiefs Association to the Board of Supervisors asking for prohibition of fireworks. No action taken by the Council. XIII. ADJOURNMENT Moved by Councilman C. Miller, seconded by Councilman L. Miller than the meeting be adjourned. Mayor ity clerk(