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HomeMy WebLinkAboutCC MINUTES 1970 08 17 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL AUGUST 17, 1970 CALL TO ORDER Meeting called to order at 7:30 P.M. by Mayor Coco II. PLEDGE OF ALLEGIANCE Led by Mayor Coco :I. INVOCATION Given by Councilman C. Miller IV. ROLL CALL Present: CounCilmen Coco, Marsters, C. Miller, L. Miller, Oster Absent: Councilmen: None Others Present: City Administrator Harry Gill City Attorney James Rourke City Clerk Ruth Poe Ass't. Planning Director Pat Brown V. PUBLIC HEARINGS 1. ZC 70-217 OF WILLIAM W. ZINK, JR. Application of William W. Zink, Jr., for a Zone Change (ZC-70-217) of a 4.75 acre parcel of land from R-4 to PC-R-3 (2350), to authorize the construction of 88 Deluxe Apartment Units. Site fronts approximately 330 feet on the south- east side of Red Hill Avenue, approximately 300 feet southwesterly of Mitchell Avenue. Mr. Brown explained that the Planning Commission, following a public hearing-on July 27, 1970, and on the basis of evaluations by the Development Preview Commission and City Staff, recommended approval of ZC-70-217. 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-4 zoning. Based upon the proposed development st~mdards and plot plans accompanying the application, it was the opinion of the majority of the Commission that a density of 18.7 units per acre under the Planned Community concept would result in a higher quality development than would result from the permissive standards of the existing zoning. It is recommended, that if the proposed development meets the density tolerance and desired design amenities of the City Council, an Ordinance be introduced authorizing the zone Change, subject to the conditions as stipulated in Planning Commission Resolution No. 1169. Mayor Coco Opened the public portion Of the hearing. Mr.-~iI'liam W. Zink, Jr., 18002 Bryce Place, Santa Ana, applicant, stated they had original!!~.~proposed 111 units on this property; had reduced it to 104 units, and were now proposing 88 units. -=.He said there would be-a lot of open space, one courtyard is 90 feet wide by 160 feet long. The proposal aisc shows 2 parking spaces per unit. City Council 8/17/70 Page 2 James R. Cody, 14461 Silverbrook, Tustin, stated as a homeowner in the immediate area, he felt the property could successfully be developed R-4. Mayor Coco closed the public portion of the hearing. Councilman Oster stated he had originally voted for denial of the proposal, but now felt this new proposal was something he could vote for. He felt this was a better pro3ect than would be possible in R-4. Moved ~y Ccuncilman L. Miller, seconded by Councilman Oster that approval of ZC-70-217 be granted subject to the conditions of Planning Commission Resolution No. 1169. Moved by Councilman C. Miller, seconded by Councilman Oster that an amendment be added to the motion stipulating that there be two parking spaces per unit. Carried. Original motion carried. 2. VARIANCE 70-270 APPEAL Appeal of the decision of the Planning Commission denying application of Harold Butler, dba H. B. Development Company, for a variance (V-70-270) to permit several lot splits which create less than the minimum required frontages. Properties involved are located within recorded Tract Numbers 5468, 5469, and 54~0, which are generally located on Pasadena Avenue, Bliss Lane, Altadena Drive and Kenyon Drive. Mr. Brown stated that the Planning Commission on July 27, 1970, heard testimony and determined that the variance applied for to create 13 substandard parcels from previously approved and developed sub-divided lots was: 1. A self-made hardship not related to the size, shape, topography, location or surroundings which deprived subject property owner of privileges enjoyed by other property owners within the vicinity and under identical zoning classification. 2. Divided ownership of developed property with common easements and common use of areas divided by property boundaries could cause future problems for the City in the maintenance and use of the property. 3. The proposed p~operty division would be in conflict with existing development standards -- for sub-divided lots. 4. Based upon the opinion of the City Attorney, and the justifying evidence presented by the applicant, the Planning Commission did not have the authority to approve the requested variance. Mr. Brown said the action of the Commission was unanimous by the members present and voting. Mayor Coco opened the public portion of the hearing. City Council 8/17/70 Page 3 Samuel Salkin, 1045 W. Collins, Orange, stated that he is the Engineer for the applicant. All the buildings are served by separate utilities. There aren't'or 4 buildings on each lot and all are served by ~. common alley. Access would be the same" as at present. In most cases they are asking for variance in the front ~ard. Most of the lot~ have 7000 square feet but do not have the required frontages. Art Pilant, 13341 Prospect Avenue, Santa Ana, Business Manager for Harold Butler, dba H. B. Development Company, stated that one of the problems mentioned at the Planning Commission meeting was space for garbage to be taken care of. They have checked that and have found ample room for that purpose. He said the common alley problem ~s one that already exists and since all of the lots are not owned by Mr. Butler, this problem would not be changed. He feels that a hardship does exist and this would be compounded if the variance is not granted. He said the hardship was created when the buildings were constructed, before Mr. Butler purchased the property and that Mr. Butler was an innocent party in the situatior~ Mayor Coco closed the public portion of the hearing. Councilman C. Miller asked for an explanation of the statement in the Staff Report to the effect that the Planning Commission did not ha~e the authority to approve the requested variance. Mr. Rourke said what was meant by the statement was that it was necessary for there. to b=e a determination by the Planning Commission~ or now the Council, that there was a hardship due to the peculiar circumstances of the property. Councilman C. Miller felt that by granting the variance it would be creating lots that are not legal. He felt the determination of the Planning Commission that there is not a hardship is a valid one. Moved by Councilman C. Miller, seconded b~ Councilman Marsters, that the Planning Commission denial be upheld. Carried. Mr. Gill state~ that an Ordinance was being con- sidered wherein appro~aI by the City would be required before the sale of property is recorded. This would help eliminate the problem of these sales without the City's knowledge and then getting into problems at a later date. 3. RENAMING PORTIONS OF MOULTON PARKWAY LOCATED WITHIN THE CITY LIMITS OF THE CITY OF TUSTIN, AND LYING BETWEEN RED HILL AVENUE AND THE NEWPORT FREEWAY TO EDINGER STREET. Mayor Coco opened the ~ublic portion of the hearing and hearing and seeing==no one wishing to comment, closed the public portion of the hearing. City Council 8/17/70 Page 4 Moved by Coun'cilman Oster, seconded b~; Councilman Lo Miller that Resolution 70-39 be read by nitle only. Carried. Moved by Councilman Oster, seconded by Councilman L. Miller that Resolution No. 70-39, changing -- designation of that portion of Moulton Parkway located within the City limits of the City of Tustin, and lying between Red Hill Avenue and the Newport Freeway 'to Edin~'er Street, be passed and adopted. Carried. VI. CONSENT CALENDAR (ITEMS APPROVED) Moved b~' coun~ii~n ~Ma~Sters, seconded by Councilman C'. P~illerI that 'the~followin~ consent items be vo=e: AYES: CounciI'~: Coco, M~rs~erS, C. Miller, L. Miller, Oster NOES: Counci,lmen:,, None ABSENT: ~0hnCiime'n~: N<~ne- 1. APPROVAL OF MINUTES - August~ 3,, 1970 2. APPOINTMENT OF ~ ADDITIONAL PARK AND RECREATION MEMBERS. Recommended by Parks & Recreation COmmission and Staff that 'the following be appointed to the P & R Commission for ~e~ms a'S designated: Terms effective 9/16/70 to expire t'2/31/72 Mrs. Barbara-Benson, Tustin Elementary School Board Mrs. June Smith, Tustin Union High School Board Term effective 9/16/70 to expire 12/31/71 Mr. Mike Hickman, 'TuStin High School Student 3. SETTING HEARING DATE TO REVOKE UP-69-321 OF BRANCUSI Recommended by Planning CommiSsion that Council serve nOtiCe to Brancusi Furniture that hearing to revoke UP-69'-32I be scheduled for 9/8/70. Hearing to be s~ricken from agenda if demolition and re~oQai '0f s~r~c~ure ~ompleted by-that date. DemOlition permit issued 8/L.3/,70. 4. CONSTRUCTION OF STORM DRAIN IN WALNUT AVENUE- BROWNING TO 6'00' EASTERLY Recommended by City Engineer that work be accepted_ and paymen~ of $17,148.49 which is 90% of the contract less previous partial payments to the contractor, 'R & R Pipeline. If no other liens or other claims are filed, final 10% be paid mn 35 days. 5, EVALUATION OF EMPLOYEE INSURANCE COVERAGES Authorize agreement with Gerald C. Mack for evaluation of City employee health and life insurance coverage for a fee not ~o exceed $500.00 or offset co~mnission if bid is let to a commission paying company. Recommended by the City Administrator. 6. APPROVAL OF DEMANDS in the amount of $73,903.59. City Council 8/17/70 Page 5 VII. ORDINANCES FOR ADOPTION Moved by Councilman C. Miller, seconded by Councilman Oster that the following Ordinances be read by ~ only. Carried unanimously by the following roll call vote: AYES: Councilmen: Cocor Marsters, C. Miller, L. Miller, Oster NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE NO. 476 An Ordinance of the City of Tustin, California, AMENDING THE ZONING ORDINANCE OF THE CITY OF TUSTIN RELATIVE TO SWIMMING POOLS. Approved by the Planning Commission and recommended for adoption. ORDINANCE NO. 477 An Ordinance of the City of Tustin, California, REZONING PROPERTY ON APPLICATIOIN NO. ZC 70-214 OF LAWRENCE J. LECHMAN ON BEHALF OF FRANARGOFIN. A portion of that property fZonting approximately 375' on the southwest side of Laguna Road~ approx- imately 200' southeast of the centerline of Newport Ave. ORDINANCE NO. 478 " An Ordinance of the City of Tustin, California, ENDING THE TUSTIN CITY CODE TO REVISE THE MEMBERSHIP OF THE PARKS AND RECREATION COMMISSION. Ordinance deletes residency requirement as requested by the P & R Commission. ORDINANCE NO. 479 An Ordinance of the City of Tustin, ENDING CHAPTER 17 OF THE TUSTIN CITY CODE ESTABLISHING AUTHORITY AND SPECIFICATIONS FOR THE PAINTING OF HOUSE NUMBERS ON CURBS. As recommended by the staff with certain amendments by the Council prior to first reading. Requested by Mayor Coco that Ordinance No. 477 be removed from the consent calendar in order to hold separate discussion on the matter. Moved by Councilman C. Miller, seconded by Councilman Oster that Ordinances No. 476~ 478, 479 be passed and adopted. Carried by the following roll call vote: AYES: Councilmen: Coco, Marsters, C. Miller, L. Miller, Oster NOES: Councilmen: None ABSENT: Councitmen~. None ORDINANCE NO. 477 - ZC 70-214 LAWRENCE J. LECHMAN ON BEHALF OF FRANARGOFIN Mayor Coco stated he did not feel that a C-1 zone should be sandwiched between two C-2 zones and that he intended to vote against adoption of this Ordinance. Moved by Councilman L. Miller, seconded by Councilman Oster that Ordinance No. 477, rezoning proper~y on App~'ication'No. ZC 70-214 of LAWRENCE J. LECHMAN on behalf of FRANARGOFIN, be passed and adopted. Carried by the following roll call vote: City Council 8/17/70 Page 6 A~ES: Councilmen: Marsters, L. Miller, Oster NOES: Councilmen: Coco, C. Miller ABSENT: Councilmen: None VIII. ORDINANCES FOR INTRODUCTION NONE IX. RESOLUTIONS 1. RESOLUTION NO. 70-36 A Resolution of the City Council of the City of Tustin, California, SUPPORTING ARTICLE XXVI OF THE CALIFORNIA CONSTITUTION AND OPPOSING ANY AMENDMENTS THERETO WHICH PERMIT THE DIVERSION OF GASOLINE TAX FUNDS. Recommended for adoption by the City Engineer and City Administrator. Requested by Counlcilman C. Miller that this Resolution be removed from the consent calendar in order to hold separate discussion on the matter. 2. RESOLUTION NO. 70-38 A Resolution Of the City Council of the City of Tustin, California, AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE CERTAIN ITEMS. Authorizes State Office of Procurement to purchase 3 Police Vehicles for the City. vehicles are authorized in the 1970-71 City Budget. Adoption recommended by the Administrative staff. Moved by Councilman Marsters, seconded by Councilman L. Miller that Resolutions 70-36 and 70-38 be read by title only. Carried by the following rclt call vote: AYES: Councilmen: Coco, Marsters, C. Miller, L. Miller, Oster NOES: Councilmen: None ABSENT: Councilmen: None Moved by Councilman L. Miller, seconded by Councilman Oster that Resolution No. 70-38 be passed and adopted. Carried by the following roll call vote: AYES: Councilmen: Coco, Marsters, C. Miller, L. Miller, Oster NOES: Councillmen: None ABSENT: Councilmen: None RESOLUTION NO. 70-36 Councilman C. Miller stated he was opposed to the adoption of this Resolution and disagreed wholehearted with the staff's position in this matter. He felt it was taken on the basis of tradition with a "sacred cow" attitude. Mr. Gill commented on the staff's position, stating tha~ the maDor source of income for maintenance of the City's streets is the gas tax. The need for smog research is realized, but did not feel the gas tax was the answer. City Council 8/17/70 Page 7 Moved by Councilman Marsters, seconded by Councilman L. Miller that Resolution. No. 70-36, SUPPORTING ARTICLE XXVI OF THE CALIFORNIA CONSTITUTION AND OPPOSING ANY AMENDMENTS THERETO WHICH WOULD PERMIT THE DIVERSION OF GASOLINE TAX --- FUNDS, be passed and adopted. Carried by the following roll call vote: AYES: Councilmen: Coco, Marsters, L. Miller, Oster NOES: Councilmen: C. Miller ABSENT: Councilmen: None X. OLD 1. DEVELOPMENT PREVIEW COMMISSION MATTERS BUSINESS 1. Appointment of two alternate members. Moved by C. Miller, seconded by L. MarsterN that Frank Morris and John Sieqei be appointed alternate memJDers of the Developmen~ Preview Commission. Ca rried. 2. Consideration of questionnaire and trans- mittat letter. Councilman L. Miller stated that Mr. Ed. Haworth was going to come to the Council with some suggestions or al'ternative questionnaire in this matter. Moved by Councilman L. Miller, seconded by Councilman C. Miller, that this matter be deferred for 30 days, to the 2nd meeting in September. Carried. Councilman L. Miller requested that Mr. Haworth be advised of the above. XI. NEW !. RESOLUTION NO. 70-37 BUSINESS (a) A Resolution of the City Council of the City of Tustin FIXING AND DETERMINING THE AMOUNT OF REVENUE REQUIRED FROM PROPERTY TAXES TO CARRY ON THE VARIOUS DEPARTMENTS OF THE CITY OF TUSTIN AND FIXING THE RATE OF TAXES ON THE TAXABLE PROPERTY WITHIN THE CITY OF TUSTIN TO CARRY ON THE WORK OF THE CITY FOR THE FISCAL YEAR 1970-71. ORDINANCE NO. 480 (b) An Ordinance of the City Council of the City of Tustin, FIXING AND DETERMINING THE AMOUNT OF REVENUE NECESSARY TO BE RAISED BY TAXATION UPON THE TAXABLE PROPERTY WITHIN THE CITY OF TUSTIN "' AND THE AMOUNT OF REVENUE NECESSARY TO CARRY ON THE VARIOUS DEPARTMENTS OF THE SAID CITY FOR THE FISCAL YEAR 1970-71. Moved by Councilman C. Miller, seconded by Councilmax L. Miller that Resolution No. 70-37 and Ordinance No. 480 be taken up at an' adjourned meeting on Monday, August 24, 1970, inthe City Hall Conferenc~ Room. In discussing the matter, Councilman L. Miller felt the personnel portion should be held in a closed session and, therefore, withdrew his second. Councilman Marsters~ felt the meeting should be open and, therefore, seconded the motion. Carried. City Council 8/17/70 Page 8 Mayor Coco advised this would be an open meeting and requested that the consultants be available if needed. 2. RESOLUTION NO. 70-40 A Resolution of the City Council of the City of Tustin, California, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO TAKE APPROPRIATE ACTION NECESSARY TO ALLEVIATE OR ELIMINATE NOISE AND AIR POLLUTION, AND POTENTIAL HAZARDS FROM THE CONTINUING OPERATION OF JET AIRCRAFT FROM THE ORANGE COUNTY AIRPORT. Mr. Gordon Bricken, 1017 North Wright Street, Santa Ana, spoke ~o the Council at the request of Mayor Coco con- cern~ng the Resolution. He said the Northrup Corporation (his employer) has installed at the Orange County Airport and in the City of Newport Beach, a centralized noise monitoring system. This system contains 5 sensors, 4 of which are located in Newport Beach. The purpose of the system is to monitor the departure of aircraft from the airport to determine their noise impact upon the community. They have undertaken the program basically on their own with their own money with the objectives of designing a system that is suitable for the American market and for a field testing system in an operational environment much like those environments which are akin to the 300 or so a~rports in the U.S. having jet departures. The people in Tustin who live on the ILS approach pattern have felt that perhaps their community and their particular situation had been ignored. Mr. King, who has been very active in the exposition of the opinion of the Tustin residents, volunteered his services to utilize a piece of their equipment to monitor the flights over his home. Their consultants felt that another site to the south of Mr. King's home should be used. Therefore~ the Fire Department had been asked to utilize one of their hand held units. Councilman C. Miller requested an addition to the Resolution as follows: 1. That they oppose any expansion of the airport facilities at Orange County Airport (or any policy) which will allow an increase in jet traffic. Mr. David E. King, 17671 Westbury Lane, Tustin, stated he would like to recommend that the Council unanimously adopt the Resolution. He said the Board of Supervisors would be holding a public hearing probably on the first of September. D. W. Killon, 14671 Livingston Way, Tustin, stated they had been working to inform people that there is a problem in this area and they are finally getting some recognition. Moved by Councilman C. Millerr seconded by Councilman -- Oster that Resolution No. 70-40, as amended, be read by title only. Carried. Moved by Councilman Marsters, seconded by Councilman C. Miller, that Resolution No. 70-40, requesting the Board of Supervisors of the County of Orange to take appropriate action necessary to alleviate or eliminate noise and air pollution, and potential hazards from the continuing operation of Jet Aircraft from the Orange County Airport, be passed and adopted as amended. Carried. City Council 8/17/70 Page 9 XII. OTHER 1. SurveYlfOrLocatiGns Missing Street Improvementn BUSINESS ' ' ¢"' · Mr. Gill asked ift~eCounciI was interested in going ~th this p~ojectL --- Moved by Councilman C. Miller, seconded by Councilman 0ster that the staff he authorized to develop the kind o'Y"~nformation that the Council needs to act on Chapter 27 of the Improvement Act of 1911. Carried. 2. Tiller Days Parade - October 10, 1970. Mr. Gill was asked to contact the Jaycees and bring Sack information to the Council regarding a float and how much money they will need. Also the date should be discussed since the Silverado Days Parade is the same day. 3. League of Cities - Executive Board Moved by Councilman Marsters, seconded by Councilm~ Oster that Councilman L. Miller represent the Council at the League of Cities Executive Board meetings. Carried. 4. The following reports and correspondence received - no action necessary. 1. Letter from Orange County Harbor District, 7/22/70, re SB 1053. 2. Councilman Marsters parking on east and west side of Prospect at Irvine. 3. Division of Highways - needed sign revisions on Newport Freeway. 4. Buena Park Chamber of Commerce - Silverado Days Parade, 10/16/70. 5. Civic Center Development. 6. Legislative Proposal - AB 2182 (Knox). 7. Minnie, Pearl ~eedAbatement and Hazards. 8. First Street Landscaping. 9. Loma Linda Buitdinq Si~ning. 10. Park & Recreation Commission Proposals Endorsed. 11. Architectural Judgements Matter of Judgement from Columbia Today~I February/March, 1970. ~X!II. ADJOURNMENT Moved by CounciIman Marsters, seconded b~ Councilman Oster that the meeting be adjourned to Monday, 8/24/70, 6."7~'P.M. in the City Hall Conference Room. MAYOR J' ~ CIT