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HomeMy WebLinkAboutCC MINUTES 1970 04 20 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL April 20, 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 Oster. IV. ROLL CALL Present: Councilmen Coco, C. Miller, Mars~ers, L. Miller, Oster. Absent: None. Others present: City Administrator Harry Gill City Attorney James Rourke Assistant City Administrator, Community Development, K. Fleagle V. APPROVAL OF MINUTES Deferred. VI. PUBLIC HEARINGS None. VII. OLD BUSINESS 1. ORDINANCE NO. 462 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, CHANGING ZONES ON ZONE CHANGE PROCEEDINGS NO, ZC 70-202 THROUGH ZC 70-204 AND ZC 70-206 THROUGH ZC 70-208. ZC 70-202 located 3.8 ft. on the easterly side of Prospect Avenue, approximately 230 ft. southerly of the centerline of Irvine Boulevard to PC (Planned Development). ZC 70-203 located on the southwesterly corner of Main and Willjams Streets at MI{P (Mobile Home Park). ZC 70-204 located 214 ft. on the westerly side of Willjams Street, approximately 774 ft. northerly of the cenmerline of McFadden to PC R-3 (1750) (Planned Community multiple family residential, 1750 sq. ft. of lot area per dwelling unit).. ZC 70-206 located approximately 552 ft. along the easterly side of Willjams Street, for a depth of 330 ft. from the centerline and approximately 426 ft, southerly of the centerline of Main Street, to MHP (Mobile Home Park). ZC 70-207 Southeasterly frontage property of Newport Freeway__ between Valencia and Warner Avenues, to PC (M) (Planned Comm Industrial). ZC 70-208 Southeasterly frontage property on Newport Freeway approximately 110 ft. sou~heasterly of the centerline of Newport Freeway, to 100-M-20,000 (Maunfacturing, 100 minimum lot width 20,000 sq. ft. minimum lot changing zones on zone change proceedings No. ZC 70-202 ~I~rough ZC 70-204 and ZC 70-206 through ZC 70-208, have firsE readin~ by title only. Carried unanimously. City Council 4-20-70 Page 2 Changing from an Unclassified Use District to PC-R-3- (1750) zoning district. A developed parcel 170 ft. by 125 ft., owned by Herbert Zarember, (Assessor's Parcel 62-330-05), located on the westerly side of Willjams Street, approximately 988 ft. .. northerly of the centerline of McFadden. Mr. FieaBle reported that the Planning Commission did recom- mend by resolution that property be zoned R-3. It is the desire, hope and intention that all the property will be developed as one parcel. There is a letter from Mr. Zarember asking for R-3 and stating his intent to incorporate this property with the ad- jacent property for development. The staff's position at this time is to hold the matter until there is a proposal. In answer to questioning by Mr. Oster, Mr. Fleagle said the recon~endation to table this matter is valid. There is no harm or injury in tabling until development is resolved. Also, the property could be zoned R-3-1750 without adjoining property. It could be developed with twelve units. Mr. Zarember, owner of this proper~y, stated there is more than 2~ times the frontage on the property than is required for R-3 and development could make a good presentation. The property is surrounded by R-3 and he is not asking for any- thing more than his neighbors. Moved by Oster~ seconded by L. Miller that zoning on this pro- perty be changed from U to PC-R-3-1750 zoning. Carried unani- mously. 3. ZC 70-209 Changing from Unclassified Use District to C-1 on the northerly 175 ft. and PC-C-2 on the southerly 450 Two adjoining parcels (Assessor's Parcel 103-300-23 and 103-300-28) owned by Maroia V. J. Fisher and the First Baptist Church, located on the southwesterly corner of San Juan Street and Red Hill Avenue. Councilman C. Miller stated that he is familiar with the property and he believed that the staff recommendation for con~nercial on the northerly portion is not in the best interest of the City or the residents. In his opinion this rezoning should be returned to the Planning Commission for a buffer zone on the north. Mr. Fleagle said it is a problem to provide a buffer. -If the City zones the north section residential there would be a con- flict. The corner could be PC-C-1 which would require a Use Permit form some uses such as a service station. Another ohoioe could be Professional, Councilman C. Miller stated that there is residential develop- merit that extends down San Juan at the same depth. It would be suitable to exmend residential to the corner. On request, Mr. Fleagle read all uses permitted in a C-1 zone and those requiring a Use Permit and uses allowed in C-2. Mayor Coco stated them everything north of San Juan is residential. Someone living there could object to some of these uses. The recommended zoning would change zoning in the middle of a block. The only commercial on San Juan is the service station az the southeast corner of Red Hill and San Juan. City Council 4-20-70 Page 3 Councilman L. Miller said he believed this to be a problem for the Planning Commission and it would suffice for them to know that the Council is not accepting the commercial. Councilman Oster agreed that this should go back to .the Com- mission with the feeling of the Council. Moved by Marsters~ seconded by Oster that ZC 70-209 be returned to the Plannin~ Commission for further consideration on entire -- parcel. Carried. 4. GOALS AND OBJECTIVES AS PROPOSED BY THE TNT COMMITTEE Cont'd from 4-6-70. Councilman Oster stated that there are certain matters in the Goals and Objectives that did not appear to be in the purview of the Planning Commission and did not know if he would want to refer to the Commission as a whole or item by item, or if there should be a public hearing at this point. As an example, a property maintenance ordinance which could be hard to enforce. Mr. Rourke stated that the Planning Commission should have an advisory say about the Goals and Objectives. Councilman C. Miller suggested that the City Attorney review and report on legality of various sections, what is involved, and how they could be implemented. Councilman L. Miller stated he concurred with Mr. C. Miller, but ~hat there should be a cost analysis before this goes to the Planning Commission. The staff should be directed to pick out items in the Goals and Objectives that would have a cost factor of any magnitude, determine costs and then advise on such things as priorities. If some items are out of reach, they should be removed. Mayor Coco stated that these are goals and objectives--many are long range projects, and a cost analysis would be pre- mature during this advisory stage of review. Mr. Oster recommended that this go back to the staff for staff and legal review and at the next Council meeting the staff together with the City Attorney recommend basically what should go to Planning, what to Park and Recreation, and what should be killed. He stated he could see items which should not be sent to the Commissions. Councilman C. Miller said he did not think the idea was not to let the Commissions see and comment. It is just to let them make more ~ffective use of their time by designating things that they can best work on and to know just what these things involve and what is needed to implement these Goals and Object- ires. Moved by Oster~ seconded by Marsters that the Goals and Ob=ective~ as proposed by the TNT Committee be referred to the staff for re- port as to which of the organizations in the City would be the proper one to accept recommendations fro~ and also to confer wit~ the City Attorney as to the legality of some of the Goals and Objectives. Carried. S. EXPANSION OF PARK AND RECREATION COMMISSION Par~ and Recreation Commission reeon~nendation is no add a high school student and one representative from the Elementary School Board and one from the High School Board. Moved by Ostcr~ secoDdcd by Marsters that this matter be taken when i~ can again be placed on the ~ ...... Carried. City Council 4-20-70 Page 4 6. NAMING OF NISSON ROAD PARKETTE - Cont 'd from 4-6-70 ~ Mayor Coco stated that originally it had been suggested that this park site be named in memory of Congress~-~J~mes B. Uz~. At the last Council meeting a recommendation had been received from the Park and Recreation Commission to name the site after ' '~ Hazel Gowdy, a former Tustin Librarian, and keep Congressman Utt's name for a more significant site. Since then, the name Thorman Park had been suggested. Mayor Coco stated that the reasons he had originally suggested naming it after Congress- men Utt were that it is the most visible park to the largest number of travelers, and that the name could always be applied later if necessary to another location. Moved by Oster, seconded by Marsters that Nisson Road ParketCe be named in honor of James B. Utt. Carried. A discussion followed as to the exact name for the park. Mayor Coco declared a ten minute recess. Meeting reconvened at 8:50 p.m. It was the decision of the Council that the park be named James B. Utt Park. VIii. NEW BUSINESS 1. RESOLUTION NO. 70-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING RESOLUTION NO. 883, AND APPOINTING A REPRESENTATIVE TO THE LOCAL AGENCY FORMATION COMMISSION. Moved by L. Miller, seconded by C. Miller that Resolution No. 70-16 be read by title only. Carried unanimously. Moved by Oster~ seconded by C. Miller that Resolution No. 70-16, appointing a representative to the Local Agency Formation Com- mission, be passed and adopted. Carried unanimously. 2. .RESOLUTION NO. 70-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ANNEXING TO THE CITY OF TUSTIN CERTAIN UN- INHABITED TERRITORY DESCRIBED HEREIN, AND DESIGNATED "BROWNING AVENUE - NISSON ROAD ANNEXATION NO. 60". Moved by Oster, seconded by L. Miller that Resolution No. .70-17 be Feed by title only. Carried unanimously. Moved by C. Miller, seconded by Marsters that Resolution No. 70-17, annexing to the City of Tustin certain uninhabited territory designated "Browning Avenue - Nisson Road Annexa- tion No. 60" be' passed and adopted. Carried unanimously. 3. RESOLUTION NO. 70-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF LOCAL DRAINAGE FACILITIES IMPROVEMENTS ON WALNUT AVENUE AND BROWNING AVENUE AND AUTHORIZING AND DIR- ECTING THE CITY CLERK TO ADVERTISE FOR BIDS. Councilman C. Miller asked if this would help the people living north Of Walnut on Browning who are flooded afner every rain. Mr._Gill stated that there is a problem au Browning and'Walnuu. ~a sump basin which a~es no~ hattie a heavy street over- ~1~, This would cer~aet all Chat, City Council 4-20-70 Page 5 Moved by L. Miller~ seconded by Oster that Resolution No. 70-18 be read by title only. Carried unanimously. M?ved by C. Miller, seconded by L. Miller that Resolution No. 70-18, approving plans and specifications' for the construction of local drainage facilities improvements on Walnut Avenue and Browning Avenue and authorizing and directing the City Clerk to advertise for bids, be passed and adopted. Carried. 4. IMPROVEMENT AGREEMENT #106 FOR SANTIAGO COMMERCIAL BANK Corner of First Street and E1 Camino Real. Moved by C. Miller, seconded by Marstars that the Mayor and. City Clerk be authorized ~o execute agreement with Santiago Commercial Bank for the removal of an existing drive and con- struction of sidewalk as required by UP 69-329. Carried. Councilmen L. Miller and Oster abstaining. 5. PARK AND RECREATION COMMISSION PRESENTATION REGARDING TUSTIN PROPOSED PARK SYSTEM - DICK EDGAR, CHAIRMAN Mr. Dick Edgar, Chairman of the Park and Recreation Commis~on, presented the needs and goals for City parks, pointing out the inadequacy of the number of City parks and the fast disappear- ing available land. Mr. Edgar stated that at $30,000 per acre, land alone for parks would cost almost $1,000,000. As this amount of money would not be available in a short ~ime from current finances, the only alternative would be a bond election. He stated he would do all in his power to make a bond issue pass, but needs direction on how to ge~ this off the ground. Councilman C. Miller stated that cities can have any number of issues on a ballot for bonds. The City can legally have a survey to determine what interest there in in a bond issue. The City can expend funds to send out information and a fact sheet on costs to citizens. Beyond that private citizens will have to form a citizens' committee or in some way provide the money to actually finance the bond campaign. There are things that the City can do to set this in motion. In answer to questioning, Mr. Edgar stated that he could not envision this district any larger than the City limits. If it could be spread to a large~ a~ea, ther~ would be more funds and less tax but the time it would take to create such a dis- trict would defeat our time schedule. Fir. Edgar felt that a bond for parks would be saleable. The Council discussed having a joint workshop with the Park and Recreation Commission in the near future, obtaining a staff repor~ on what $1,500,000 means to the City and the taxpayer, how to proceed with a survey so as to have an idea of the direction to go, how many items the Council might want to put on the ballot. Mr. Gill was then directed to present a cost analysis to the Council on a survey, number of items, and what it would mean on the tax bill. 6. ~EqUEST FOR TIME BEFORE T}~ COUNCIL - MILS. JEAN ADAMS - Re: Signs at 181 E1 Camino Real. ' Mrs. Jean Adam~, owner of Saddleback Realty, 181 E1 Camino Real, stated that in November of 1969 she had met with the City Planner and discussed problems of her signs and need for new sign, as well as those she had. He recommended that she apply for a Use Permit ~0~ a ~oo~ sign. ~ ~otd her how big it eoutd be and that i~ existing parking sign on ~he north side of her building. The permit for the roof sign was approved by the Planning~Commission· Then the Development Preview Committee said she would have ~o remove all c~her signs. It appears a Variance is necessary in order to retain ~he parking ~ign, wLicl ~.- be timc-consr~ning and expensive. M~s~ Ada~n~ s~auc~ thaL !2 ~ had bccn properly City Council 4-20-70 Page 6 advised by the Planner she would not be having this problem and stated she is requesting that the City waive the fee necessary for a Variance and that she be allowed ~o useRlot plan and drawings used previously for the Use Permit. ~'~'~ Councilman Oster stated that there have been times when Use Per- mits and Variances have been lumpeG together in one application. A Use Permit is $100; a combined Use Permit and Variance would be $125. 'Had MrS. Adams been correctly advised, her cost would have been $125. Mrs. Adams stated that she had applied before the current costs andTM the amounts were much less. Mayor Coco felt that there should be a way to waive at leas~ part of the fee as there is the principle involved that the applicant had not received proper advice. Mr. Rourke stated that the Council could take the approach that the staff incorrectly processed the application and direc~ the City staff to reprocess. Mrs. Adams stated that She would pay the differential cost of a Use Permit versus a Variance. Moved by L. Mfller~ seconded by Oste~ that the Planning Commis- sion be directed to hear the Variance that will be applied for by Mrs. Adams, that she be allowed use of the same plot plans as used in November of 1969, and to appear before the Develop- men~ Preview Committee before going to the Planning Commission, and that Mrs. Adams pay the normal differential between the standard Use Permit' and standard Variance. Carried. 7. APPROVAL OF DEMANDS Moved by Marsters~ seconded by C. Miller that demands in amount of $113,727.10 be paid. Carried. IX. OTHER BUSINESS 1. TRAFFIC SIGNAL PROJECTS - RED HILL AVENUE SOUTH OF SANTA ANA FREEWAY Report from the City Engineer relative to agreement for signal installation on Red Hill, to remove the signals at Walnut and Sycamore from County jurisdiction and the City to install these signals. Moved by C. Miller, seconded by Marsters that the Mayor and ~ity Clerl be authorized to execute amended agreement with tb~ County when received and acceptable to the City Attorney, and Herman Kimmel be approved as engineer to prepare plans and specifications, and commencement of work as soon as possible be authorized. Carried. ~r. Gill informed the Council that there are two officers on " duty on Sycamore from 7 to 8 a.m. and will be there until sig- nals are installed. Crossing guards are also on duty. It is anticipated that signals will be in operation prior to August 7th. Councilman C. Miller reported that as requested by Mr. ~eeney of the Tustin Meadows Home Owners Association, he had artended their board meeting with a copy of this report. 2. BUSINESS LICENSE ORDINANCE PERTAINING TO RENTAL UNITS Letter from Mr. Sanfelippo, 18121Romelle Avenue, Santa Aua. protesting the section of the Business License Ordi- nance which reads: City Council 4-20-70 Page 7 "Rental of real property, residential, commercial or industrial: Less than 4 rental units in the City. .No Tax. 4 or more rental units in the City . $25.00 plus $1.00 for each unit in excess of 4." A report from the City Administrator on this matter included a list and rates of 19 Orange County Cities having a similar Ordinance affecting rental units and a recommendation that Ordinance No. 328 remain as adopted. Mr. Sanfelippo stated that this in not a business but an in- vestment and that he did not consider this to be a fair Ordinance and it does not treat all property owners equally. Just because he does not live in one of the units he must pay a license fee while owners of other units identical to his do not pay, as they live in one of the units. In answer to the question as to licensing for 4 or more single family rentals~ Mr. Gill stated that they ate subject to the license tax but this is hard to determine and enforce. As to the determination that 4 or more rental units did require a business license fee, Mr. Rourke said that as he remembers when this point was heard, there were realtors present who spoke and the feeling of the Council was based on statements made then. There are people who do have 4 units, sometimes elderly people, and live in one and this is a means or adjunct of support and it was Dhe opinion that it would not be reason- able or fair to impose on these people. Mayor Coco thanked Mr. Sanfelippo and stated that perhaps the difference of this being under the Business License Ordinance rather than another revenue collecting title is something to think about, but that the intent of the Council would remain the 3. REPORT ON APPRAISAL OF 5.76 ACRE PARCEL AT NORTHWEST CORNER OF CENTENNIAL WAY AND MAIN STREET. Mr. Gill presented report from Robert H. Harrison, Real Estate Appraiser, who concluded that the Fair Market Value as of April 14th is $280,800. As requested by the President of the Chamber of Commerce, the staff was directed to send a report to him on cities who have gone into lease back and a report on the pros and cons. 4. CHANGE IN PERS MEMBERSHIP FOR MANAGERS Mr. Gill stated that the intent of this change is to provide benefits to those involved in Police and Fire work which he believes includes him and that he is under the same threat and pressures. An Assistant City Administrator is not under this bill. It is more a responsibility of an Administrator than the fact that he wants to be on the scene, and he personally thought this coverage warranted. Councilman C. Miller said he would find it hard to agree with the philosophy. It could be said that the Council is directly above the City Administrator and he didn't see any reason to do this. Councilman Oster. stated he was concerned with extension dozen the line and the cost. Moved by Oster~ seconded by C. Miller that no recommendation be sent on this ma~ter at this time. Carried. 5. DRIVEWAY ENTRANCE ON PROSPECT AT FIRST STREET Councilman Marshera asked ~hat the :; .... ::~,v~stiga~c parked cars in the entrance at the souall ~ ..: ,.C Tic Toc Market stating City Council 4-20-70 Page 8 6. TUSTIN MEADOWS TRASH AND STREET SWEEPER MUD TRACKS ~'~ Councilman C. Miller stated he had had complain~f trash left in the streets after trash pickup and complaints about the street sweeper leaving mud tracks. Mr. Gill stated that the street sweeping is primarily to get rid of the major debris--cannot sweep without showing tracks. --- This has been tested and seven passes over the same area still left 5% of the debris. If in a muddy area, more tracks are left. 7. BOARD OF SUPERVISORS' RESOLUTION Resolution requesting Chancellor Aldrich not to give permission to Chicago Seven to appear on campus. Councilman L. Miller stated that the President of the Tustin Chamber of Commerce had asked that the Council go on record concurring with the Board of Supervisors. As there had been no copy of the Resolution presented to the Council, no action was taken. 8. MRS. HARRY WAGNER 1. Mrs. Wagner stated she would like to see the Council put the bond issues for parks and Civic Center before the citizens, and stated that she would give it her full support and work with a citizens' committee. In answer to Mayor Coco, she stated she would not be in favor of all other issues on the same ballot. --- 2. As to the Civic Center, Mrs. Wagner said that it had been discussed at the Downtown Merchants Association, and speaking unofficially they would like to see the $50,000 budgeted for the off-ramp put into the Civic Center rather than E1Camino Real. Mr. Gill reminded the Council that this was gas tax money and could be used only for certain purposes. 3. Mrs. Wagner asked if the City could make some arrange- ment to have the Downtown street trask containers emptied~ 9. HEATING IN COUNCIL CHAMBERS Council requested the staff to contact the owner of the building and investigate the repair or replacement of the heating unit. 10. CORRESPONDENCE RECEIVED No action taken. ADJOURNMENT There being no further business, Mayor Coco declared this · ,, meeting adjourned to an executive session and to a regular adjourned meeting Tuesday, April 21st at 6:00 p.m. MAYOR ~J~.q~ CLERK