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HomeMy WebLinkAboutCC MINUTES 1969 10 20 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL October 20, 1969 CALL TO Meeting calledto order at 7:30 P.M. by Mayor Coco. ORDER II. PLEDGE OF Led by Mayor Coco. ALLEGIANCE III. INVOCATION Given by Mayor Pro Tem Mack. IV. ROLL Present: Councilmen Coco, Mack, C. Miller, Marsters, CALL L. Miller. Absent: Councilmen: None Others Present: Assistant Administrator Dan Blankenship City Attorney James Rourke City Clerk Ruth Poe Planning Director James Supinger V. APPROVAL OF Moved by L. Mill'er, seconded by Mack that the minutes MINUTES ~f"t~e Oc'tob'er '6', 19'69 Council meeting be approved. Carried. VI. PUBLIC 1. P'Z-69-119 - He'ster Trust o~ behal'f' of Harriet O. HEARINGS End'erie - Continued from 10/6/69. Application of Hester Trust on behalf of Harriet O. Enderle for prezoning and rezoning of a parcel of approximately 22 acres. a. PC-C-2 (Planned Community - Central Commercial) on the northerly approximately il acres fronting 564 ft. on the south side of 17th Street and 880 ft. onthe east side of Yorba-Stree~ (existing commercialsdevelopment is not a part of the application). b. PC-R-3 (1750) (Planned Community - Multiple Family Residential - 1750 sq. ft. of lot area per dwelling unit) District on the southerly approximately 11 acres fronting 620 ft. on the east side of Yorba Street. Site is located at the southeast corner of .the intersection of 17th Street and Yorba Street. Mayor Coco explained the location and size of the ~evelopment and that the matter had been continued from the October 6th meeting in order to give the applicant time to come up with additional informatio~ for the Council and for the Enderle Gardens Association. Mayor Coco asked if there was a spokesman present from Enderle Gardens. Mr. James Matthias~ 14341 Wysteria Lane stated tha~ their association had no~ had the opportunity to see the plans submitted until tonight and he felt that it is owed no their group to go Dack ~o them with the plans. They are willing to work wi~h the developer and architect and Council Minutes Page 2 would call the Home Owners Associa'tion together. stated that he is opposing this tonight pending tmme to see the plans and work things out. Mr. Sol Shapiro, !42~22 Mimosa Lane stated that he lives alongside of the proposed drive. He had spent a considerable amount for his home and had bought in a quiet adult development. The drive and parking behind his home with the warming up of motors would create a difficult situation. He did not believe that nhe current proposal was in line with the original informa- tion and plans told to the home owners. General Ralph' Yeanan, 14242 Acacia Drive called the General Plan to the attention of ~he Council and the amount of units per acre in each land use category. Even if this development went to medium high density for 150' that would be 8~ per acre. Present plans only have 70' between the fences and 2 story plus road- way. (Mr. Supinger stated that medium high density is 6½ units per acre.) Mr. James G. Gianulias, 2840 Monterey Avenue, Costa Mesa speaking for Hester Trust Company stated ~hat they had never proposed 8 to 10 units per acre. He stated that keeping of the green area is essential and with three culverts, etc. they can keep ~raffic on the perimeter at a minimum and certainly no more than at present in Enderle Gardens. Mr. Gianulias stated that property directly south of Enderle Gardens is zoned E-4. When Enderle Gardens was coming in at R-1 there was considerable concern, and he felt that this develop- ment proposed now would be as good a neighbor to Enderle Gardens as they are to the E-4. This will be an adult community. The type of apartment tenant is changing as is the apartments. The quality will be second to none and they are striving for a density of 20 to 24 units per acre and are including some subterranean parking, gym, club house, pool area, and area for jogging. Mr. Ed Lohrbach, architect showed slides of their presen~ developments in the Palo Alto area which are a prototype of those proposed for this project. They are applying for the zonmng with the confidence that they will do a nice job. They are not attempting to g~ve precise plans. Mr. Gianulias stated that they now have two tenants for the commercial development which has a market value of 6 million dollars and will bring $120,000 to the City exclusive of property tax. The location for commercial couldn't be better. The architecture is of warm, contemporary, Spanish design similar to the University Park center. Mayor Coco spoke of an alternative proposal received since the continuation of this matter regarding an adjacent proposed development for a subdued commercial development containing a bank and a specialty market. The writer suggests that a.coordinated complex be considered along with this application. Mayor Coco read the following excerpts from the letter: "The intent of this letter is not to circumvent or diminish any proposed development fe~ this ~rea. However, it is O~ fee~i~ %ha~ one overal~ planned Zoning would ~ mo~e desiEaBle and would lend itself to more efficient master planning and more effective traffic circulation pattern. If the area mn question is subject to a conforming general area plan we would certainly have Council Mir~utes Page 3 no obj , proper circumstances, to annexing this development to the City.of Tustin. We are extremely pleased with the attitude of the Tustin City Council in its. planning programs.~and certainly would be proud to be part of the City of Tustin." Councilman L. Miller stated that in their slides the applicants have architecturally demonstrated their ability to do a quality project. The spokesman for Enderle Gardens indicated tha~ tonight was their first view of the plans, and as it is also the first time the Council has seen them Mr. L. Miller stated that the Council could look at it in the same light as at the last meeting. Moved by L. Miller that PZ 69-119 be deferred until ~ more finalized approach be presented to Council and in the interim the developer meet with the.group from Enderle Gardens to secure an agreement of all parties. ~ayor Coco stated that the application is for a prezone of given density and we have had:a color slide presenta- tion which indicates the caliber. Mayor Coco suggested that any recommendation that comes from the Enderle Gardens is just a recommendation. Councilman L. Miller withdrew his motion and asked ~hat it be considered a point of commen~. Mayor Coco stated that relative to the letter of request for an area study by the adjacent property owners, the staff is interested in a Council interpretation and general policy to be pursued as they can take no action on their own they need the feeling of the Council as to whether or not, such a proposal is to be pursued. 'Councilman C. Mil~er stated he would be interested in bUrsuing the propQsal and perhaps it would wind up with something better for everyone. The people of Enderle Gardens seem more concerned with radical change from the General Plan. Mr. Miller felt that the City owed the people in the area more consideration than perhaps this density would give them. if the Council should go along with the proposal from Mr. French, the City could take a look at the General Plan and work out something so the people in the area Would have more say and arrive at something people can depend on. Councilman Marsters stated that he was shocked to see this application getting as much reception as it has and that the Council owes iE to the people to retain a rural atmosphere. When they purchased their property, they knew that the general feelings of the previous Councils were to hold to the residential character. Mr. Marsters commented on the staff report of October 13, 1969, which disclosed there is some 1700 multiple that could be developed in Tustin, and that the City should develop what it now has on the books. If the Council does consider this application based on this commercial there will be a 10t of pressure to develop commercial on 17th Street t'o Newport Avenue. Councilman Mack stated that it seems clear that most people are not objecting to this project per se. It seems as though t~e Council is always a reactionary group rather than an action group, which is unfair ~o the Council and the people. The proponents of any group for a zone change~or use of land spend months preparing for presentation to the Council or Planning Conuuiss~on, Councj..t i'4j. nut:cs Page 4 Mr. Mack said he was not condeming anyone, but feels that applicants must look at 'the City's side. The Council has to make a judgement in a few momenus on something it took developers months ~o prepare'. As in this case, where it entails a substantial change of character the City does deserve the right to take a long, hard look an what is proposed, and it should be resolved right if it takes 30 or 60 days. Councilman C. Miller stated that what Mr. Mack has said serves to emphasize the main issue. This is a of amendment to the General Plan, and the Council should look at it that way first and to the particular development second. Moved by Mack, seconded by L. Miller that this matter be deferred for a matter o~ no less than 60 days pending further studies. A coordinated study of County ~ity consideration of the area of Prospect, 17th and Yorba. Councilman Mack stated that the reason for his motion is that the Council had asked the applicant to come up with specific plans for this meeting and this has not been done. Mayor Coco stated that he is impressed by the possibilit5 that the City may get the opportunity to study an overall coordinated plan of some 40 acres vs. some 22 act and it is incumbenn upon those concerned to take this opportunity. Above motion to continue ~thi's ~a'~ter car'rie~ ~nanimously. 2. APPEAL - UP 69-308 - PBR COMPANY ON BEHALF OF ZORRO INVESTMENT CO. Appeal of the decision of the Planning Commission denying application of PBR Company on behalf of Zorro investment · Company for a use permit to permit the installation of five (5) szgns to identify a proposed service station at the northeast corner of the intersection of Irvine Boulevard (Fourth St.) and the Newport Free~ay. Proposed signs are: 1. A free-standing ~ign for surface traffic with a height of 20 ft., area of 63 sq. ft. per side, total area 126 sq. ft. and located in the require front setback. 2. A free-sta~ding!s~gn for freeway traffic with a height of 35 ft., area of 308 sq. ft.' per side, total'area of 616 sq. ft., and located in the required front setback. 3. A Mobil "PegaSus'1 wall sign with an area of 13 sq. ft. 4.A "Mobil Service" wall sign with an area of sq. ft. 5. A price panel sign to be located on a pole sign with an area of 15 sq. ft. per side, total area of 30 sq. Yt. and a minim~n height above grade of 8 ft. Total sign area requested on the site is 800 sq. ft. Council Minutes /D~ Page 5 Mr. Sup.j. ng~!r~g~i~?iocation and stated that the approved development is a service station and the ~,~, Planning Commission had recently considered an application =Ir~.~ for signs at this location. The Planning Commission approved a freeway identification sign with a height of 35' and a total area of 304 sq. ft., another sign 12 ft. high with'atotal area of 26 sq. ft., the sign being a Pegasus logo, a wall sign to say "Mobil Service" on the south wall of the station with a total area of 15 sq.~ft. The Commission also approved a price panel sign with a maximum area of 30 sq. ft., and a height of 5'6" with no specific location on the property. Total area of signs approved by the Commission - 375 sq. ft. Mayor Coco explained that this appeal is only on the action of the Plannmng Commission relative to the free-standing sign for local identification along Irvine Boulevard. The applicant has agreed to conditions set forth by the Commission on other three sig~s. Mr'. Rourke, City Attorney, stated that when an action on an application submitted to the Planning Commission is appealedto the Council, the Council is not limited in any way to the action they can take on any action of the Commission. Hearing opened at 8:28 P.M. Mr. 'Don Yoder, partner in Zorro Investment, 17411 krvine Boulevard, Tustin stated that they are only appealing the requirement that they put a pegasus logo sign on Irvine. In no way will anyone driving down irvine Boulevard be able to know what kind of a service station this is. ,The Committee appointed by the Planning Commission to mnvestigate the site, agreed that a 4'x8' sign~ 20 ft. high, saying Mobil was satisfactory. All agreed at that time. Mr. Cornelius Sexton, owner of E1 Cortel office building at 17501 trvine Boulevard presented a petition from owners and tenants on Irvine Boulevard from Yorba to his building requesting ,that the Council uphold the decision of the Planning Commission. Mr. Sexton also stated he saw no smgns of the office buildings which are supposed to hide this station being erected and requested that certificate of occupancy for the station be withheld until such timeas property owners show definite signs of completing the development as promised. Fir. Dan Worthington, 17342 Vinewood, Tustin stated that the Council is being asked to approve signs that are not in the best effort of Mobil Oil. Mr. Worthington showed slides of Service stations in the area which he stated are of equal amount of sign space or less, and slides of acceptable signing such as that shown in slides of the station at Sands Canyon and the Santa Ann Freeway. Mr. Worthington asked that the Council approve the conditions of the Planning Commission. Mr. Bob Hall, 17552Irvine Boulevard asked that the ~uncil consider ~hat has gone before in making this an unusual street and to uphold the Planning Comm~ission recommendation. A4'xS' pole sign in the planter area would be over powering. If Mobil does not wann the pegasus sign as recommended then keep to size, etc. of the low Enco sign at the Sands Canyon station. Mr. Hall presented~ pictures of other servzce station signing aAd statedithat if not a pegasus sign he would suggest a planter ~ign about 2' high, 6' wide and Council Minutes Page 6 2' or 3' off the ground. That, with the freeway sign, would adequately identify the station. Mr. Ged.rge Argyros, 17411 Irvine sta'ted that there have been no curbs and gutters installed so far, but that plans fo~ Phase I have been approved by the Building Department, and they hope to begin construction in a few weeks. The station will be shielded from the area by a two story office building. Mr. Argyros showed slides of the property line and need for identification due to the office buildings and the hampered view on Irvine from the north due to the rise of the freeway overpass. He stated that Irvine Boulevard ultimately will be a 100' highway and this 2 million dollar development will need identification. The Zorro Company feels that the Architectural Committee recommendation was proper and in keeping with the Original proposal. As to the pegasus recommended by the Planning Commission, some people do not realize that that is a Mobil identification. The pegasus takes away all identification which could be obtained by a decent, small name sign. The slgn Mobil would like to have would be about the height of the canopy. The size would be 4'x8'. It was felt by the Architectural Committee that the lower the sign the more visible it is tc the eye. At the height of the canopy, you would not see it unless looking for it. Mr. Argyros said that Mobil has been very cooperative in working with them architecturally on this building, and it will be primarily built of block, with rich beams and will be very attractive, and they are trying to achieve the type of esthetics that are identified with the community. Mr. Don Yoder stated that sign on Irvine will be the only sign on Irvine Boulevard that will say Mobil. ' As other buildings have their names on the front so Mobil needs their name, which the pegasus does not have. The lettering on sign of Plaza Yorba building is 3'xll', and is on the building twice. The applied for sign will be much smaller. Mr. Bob Hall stated there is a big difference between a letter sign on a building and a plastic-lit sign. It has been stated all alongI"that this station was gomng to be something better than most and now are requestmng signs even larger than those on existing stations in town. There being no further comments or objections, the hearing was declared closed'at 9:05 P.M. In answer to questionmng by Mayor Coco, Mr. Peter ~bundis, District Engineer for Mobil Oil Company, stated that when he stated to the Planning Commission that they would wrap the sign column with veneering similar to the building he had mentioned the brick, however afte~ looking at the.architectural dra~ings h~ had gone to timber, but certainly could be brick. It will simulate the architectural design of the building. In answer to Councilman L. Miller, Mr. Hall indicated he would not object to the Mobil identification sign if in the p'lanter. Mr. Argyros stated that this situation is unlike the Enco sign at Sands Canyon, which has no surface traffic. The problem of a low sign a~ this location is that it sets back about 200 ft. from Yorba Street and will be hidden by the office building landscaping or from eastbound it will be hidden by the raised freeway bridge. Council Minutes /~"~ Page 7 Abund Mr.' ms ~s'~te'~ Mf?'Argyros is correct and a 20' sign would be visible over both the landscaping and the freeway rise. Mr. Supinger stated that it was the intent of the Development Preview Committee to minimize the height of the landscaping on Irvine frontage since the common driveway between the professional office building and the service station will be a two way drive used for both. There will be a break in the --- center island at that point so it will be necessary to hold down the height of landscaping so as not to reduce site distances for people exiting from the property. Mr. Abundis said it was not their intention to place ~he price sign on this same pole. Any sign too low Would be a hazard to any motorist. Price signs will be in the planter area no less than 9' off the ground as requested by the Planning Commission. 'Mayor Coco said he would like this clarified and see a sketch. The Planning Commission allowed a free-standing pegasus logo nottO exceed 12' and a price szgn. This makes one wonder where the price sign would be built. Condition No. 3 (Wall sign) was granted by the Commission on the condition that the pegasus sign be approved. If Mobil sign granted out front, then it would appear that the Mobil Service sign would be superfluous. Councilman Marsters stated that he did not see a low sign in this area as a serious problem. If lit, the problem could be the intensity of the light. This is a fine entrance to the City, and it is incmmbent --- on the Council to hold the signing down. He stated he was not against Mobil' having identification, but the Enco sign shown seems to be of proper size and height and sufficient signing. Mr. Supinger stated that the Sign Ordinance specifies the lighting intensity, but is very liberal. Councilman Marsters felt that the price sign should be out of the planter, and that approval be subject tothe limiting of light intensity. Councilman C. Miller pres'ented slides of signs on service stations in various sections of the country including Los Altos, Washington, D.C., Chicago, etc. Mr. Miller stated that perhaps the Commission had been over-generous. As to a low sign not being seen - when coming down a street you are not on the sidewalk but have a better angle and view from the street. Councilman Mack stated that all the slides viawed have been eye opening. The City must consider that all situations are different. In weighing decisions the Council must remember that this is individual. ._ It is not-on a corner, nor in the middle of a block and that whatever decision is made will be there for years to come. Business has to be successful or it is not going to be a good sight whether it is a beautiful structure or not. Mr. Mack stated that-he is convinced that this needs freeway and highway identification. They have hidden t~e station from the westerly traffic and the Council should work as close to the request as possible. Council Minutes ~age 8 Councilman L. Miller suggested that as the Council aid not know exactly how or where the stantions for the various signs will be located that they consider deferal to work something out with all parties concerned. Mr. Argyros stated that perhaps things could be resolved in a 5 minute recess for him to talk to Mobil Oil. Mayor Coco referred to Mr. Mack's comment that any business must be successful~ This use was originally approved.on the condition that this use would be the best possible use for this property, and t~ere was no question of its being a success. This is considered an outstanding location for a service station. The granting of the use is in itself a favor so the City can expect the best possible development, not only architecturally and land- scaping, but signs, etc. It has been expressed that the Council has little objection to the applicant's request for identification on irvine, but the height, square footage, placing of price panel an~ the lighting is a question. If the applicant can come up in a 10 minute stretch with a pencil sketch showing a compromise the Council would be happy to listen. Ten minute recess declared. Meeting reconvened at 9:50 P.M. Mr. G. Argyros stated that when the Planning Commisslon and Council passed this as a rear entrance station, it had to be pushed forward to allow cars to enter from the rear. This necessitated a planter of only 5 ft. causing problems lowering any sign into the planter area. They now propose a sign with a desirable, mmnimum overall height of 16 ft. with a 12' clearance. The sign will project into the drive area requiring the 12' safety clearance with a price panel to be attached to wood part of the sign with some ornamental iron work. Mr. Argyros showed a sketch of this proposal and said that the illumination cannot be determined at this time and could perhaps be lef~ to the Development Preview Committee. Proposed sign is 4'x8' or 32 sq. ft. Moved by C. Miller, seconded by Marsters (for discussion) that local identification sign on Irvine be a planter sign 4' high with a maximum area each side of 16 sq. ft. Brightness to be determined by the Developmenz Preview Committee by sight tests and the design to be approved by the Development Preview Committee, and the wall sign on building ~o be deleted. Councilman Marsters noted.that upon flaggmng it was said that a 21' freeway sign was adequate, but that a 35' sign had been granted. -- Mr. Supinger stated that flagging indicated that there was virtually no identification from north bound unless in excess of 35'. For south bound a sign 21' high could be seen as well as the 35' The Architectural Committee recommended going with the 35' sign. Councilman L. Miller noted that it had been said that the pegasus is"strictly single faced and that 4'x8' is the smallest identification sign made. If restricted to a smaller s~gn it ~ould be asking for a custom sign. Councilman '~C]~ ~aid'th~t there had been no mention of the price panel. This indicates going along with approval of the Planning Commissmon for an additional price panel sign and if so are adding to the sign clutter. Councilman C. Miller said he was willing to go along with a free-standing price panel located out close to the corner. After further discuSsion relative to more time for study and possibility of a workshop, Councilm~n C. Miller and Marsters Withdrew their motion and second. The consensus of the Council was that all signing except the freeway identification sign should be taken under study. Moved by Marsters that UP 69-308 be deferred to the next regular meeting ,for workshop and determination of all signs on the site. Motion died for lack of second. Moved by L. Miller~ seconded by Mack that UP 69-308 be deferr'ed with the exception that the free-standing freeway identification sign, as approved by the Plan~ing Commission, be permitted. Motion carrzed, Councilman Marsters voting no. Mayor Coco set 7:30 P.M., Thursday, October 23, i969 as time for a workshop on this matter. Site of workshop to be determined and property owner and applicants tobe notified. VII. OLD 1. ORDINANCE NO. 447 BUSINESS AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING ORDINANCE NO. 371 RELATIVE TO SPECIAL SPEED ZONES. (Changing speed limit on Williams Street from Main Street to McFadden Street to 35 MPH). Moved by Mack, seconded by Marsters that Ordinanze No. 447 have 'pe'cond reading by title only. Carried unanimously. Moved by Mack, seconded by L. Miller that Ordinance No. 447, amendin~ Ordinance No. 371 relative to special ~peed zones, be passed and adopted. Carried by roll call. Ayes: Coco, Mack, C. Miller, Marsters, L. Miller. Noes: None. Absent: None. 2. APPOINTMENT OF A COUNCIL REPRESENTATIVE TO THE JOINT POWERS COMPUTER PLANNING AUTHORITY. This appointment ~eferred to a later date. 3.LANDSCAPING OF FIRE LANES IN TUSTIN MEADOWS Continued fr6~ 10/6/69. Moved by C. Miller, seconded by Mack that the b~ayor and ,City Clerk execute the two agreemenns proposed and that the City Administrator be authorized to issue a warrant in the sum of $3,922.50 to the Grant Company after completion pf the work. Motion carried. L. Mill2r abstained. VIII. ~ NEW 1. ORDINANCE NO. 448 BUSINESS AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TIlE REAL PROPERTY TRANSFER TAX ORDINANCE OF THE CITY OF TUSTIN. Council Minutes ~ ~I~ ~age lO Moved by C. Miller, seconded by Marsters tha'c 'Ordinance No'. 448, amending the Real Property Transfer Tax Ordinance of the City of Tustin, have first reading by title only. Carried unanimously. 2. ORDINANCE NO. 449 AN ORDINANCE OF TttE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TRAFFIC ORDINANCE OF THE CITY OF TUSTIN RELATIVE TO PEDESTRIANS. Moved by Marsters, seconded by L. Miller that Draft 1 of Ordinance No. '449, amending ~he Traffic Ordinance of the City o'f Tustin relative to pedestrians, have first reading by title only. Carried unanimously- RESOLUTION NO. 1025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING AND REVISING PROVISIONS OF THE 1969-70 CITY BUDGET RELATIVE TO COMPENSATIONS, SALARIES, AND REIMBURSEMENT OF EXPENSES. MoVed by L. Miller, seconded by Mack that Resolution No. 1'025 be' read by title only. Ca'tried unanimously- Moved by Marsters, seconded by L. Miller that Resolution No.'1025, amending and revising provisions of the 1969j70 budget relative to compensations, salaries and reimbursement of expenses, be passed. and adopted. Carried by roll ca .... Ayes: Coco, Mack, C. Miller, Marsters, L. Miller. Noes: None. Absent: None. 4. RESOLUTION NO. 1026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN COMMENDING GERALD C. MACK FOR SERVICE TO THE CITY OF TUSTIN. Moved by Marsters, seconded by L. Miller that · Resoluti'on No. '1026 be read in its entiYety. Carried. Moved by L. Miller, seconded by C. Miller that Resolution No. 1026, commending Gerald C. Mack be passed and adopted. Carried by roll call. Ayes: Coco, C. Miller, ~arster~, 'L. Miller. Noes: None. Abstained: Mack. Mr. Frank Greinke read and presented a Resolution of the Chamber of Commerce to Gerald C. Mack and announced the Chamber buffet and testimonial to Mr. Mack to be held November 29, at 7:30 P.M. in the Altadena Savmngs and Loan building. Councilman Mack thanked all concerned and said he hoped the City and the Chamber would contmnue to work -- with the people and continue to make Tustin a better place to work, p.lay and live. 5. APPROVAL OF IMPROVEMENT AGREEMENTS FOR RED HILL STORM DRAIN (Southwest corner of Red Hill and Walnut). Moved b~ Mack, seconded by C. Miller that the Mayor and City Clerk be authorized to execute Improvement A~ ~ ~ ~itl 8~Drm Drain botwee~ the City and Alpha Beta Acm~ Markets, ~n~. -~' ~ Council Minutes Pagc 11 6. CONSIDERATION OF ACQUISITION OF SCHOOL DISTRICT LAND FOR PARK AND RECREATION PURPOSES. (Located between "B" and "C" Streets south of First St.) Moved by L. Miller, seconded by Mack that the City Administrator formally express to the Tustin Elementary School District the City's'interest in the lease or purchase ofthe District's excess property et~eF "B" St. and "C" St. south of First St., and enter into nego.tiations to develop a firm proposal. Carried. 7. FINAL MAP- TRACT NO. 6617 - TUSTIN SAVINGS & LOAN Tract located between First Street and Irvine Boulevard easterly of Centennial Way. Moved by C. Miller, seconded by Mack that the Final Map o'f 'Tract No. 66'17 be approved and the Mayor and City Clerk authorized toexecute the necessary documents. Carried. 8. AWARD OF CONTRACT - TRAFFIC SIGNALS AND HIGHWAY LIGHTING' AT"M'CFADDEN STREET AND PASADENA AVENUE. Moved by L. Miller, seconded by Mack that contract ~or signals and highway lighting at McFadden Street and Pasadena Avenue utilizing Alternate "A" with solid-state controller be awarded to Steiny and Mitchel, Inc., low bidders in the amount of $13,278.00 and that $5,000 be transferred from the unappropriated gas tax funds to account No. 010-551-962-01 for this project. Carried. 9. APPROVAL OF DEMANDS Moved by Marsters, seconded by C. Miller that demands ~n the amount of $102~030.52 be approved and pa"~. Carried. IX. OTHER 1. Non-conforming Structure at 14192 Newport Avenue. BUSINESS Mr. Blankenship explained that a variance for use of this property as a commercial development had been denied by the Planning Commission, and the applicants, World Handicrafts, Inc. have filed an appeal to be heard before the Council November 3, 1969. Mr. Blankenship stated that the company has submitted a letter to the Council at this time explaining the time problem due to the lateness of the season and the fact that they do want to be in before the holidays. The letter asks for a temporary use permit pending determination of the appeal. In answer toquestioning by Mayor Coco, Mr. Rourke stated that this is a matter of interpretation of the temporary use section of the Ordinance and that this could possibly qualify. The section is somewhat ambiguous and whether the Council wou'td .want to give any direction to the staff at this time as to whether it would feel that this is a permissable ~emporary use or not would be the most that the Council could do on this situation. As to prejudlcing the appeal Mr. Rourke stated that this would be for the Council to determine. The Council could indicate to the City Administrator:s office that ~he staff could exercise their dmscretion- Mayor Coco pointed out that the granting of a temporary use permit or action of the administrative staff to grant such a use in no way obligates.the City to act favorably upon the appeal. Mr. Randall Robertson, partner, stated that they do have an appeal pending and that they believe the problems can be resolved on this proper~y, but that he did not believe it could be resolved at one Council meeting. There are many different side issues, and it is going to take time and __ extensive investigation to determine the best solution. He felt that he could overcome the problems in this parking even if it means removing part of the structure, which has been discussed. This temporary use is requested as they are now moving into their prime season. In answer to Mayor Coco, Mr. Robertson said he expected to come fully prepared at the November 3 meeting~ but did not expect a Council decision at that time as there are many ways to go on this. Mr. Robertson said that there is a tremendous out- lay of money on the property to prepare it, and if not open for the prime season, they would lose money which could be used for this development. Slides and plans were presented to the Planning Commission, but he had been advised that it was not necessary for him to appear at the Development Preview Committee meeting. In answer to Councilman C. Miller, Mr. B!ankenship said that the applicant has said they are willing to dedicate and improve the 20' right-of-way on Newport Avenue if the variance is granted. -- Mayor Coco wanted it made clear that any action here tonight does not obligate the City in any way. Mayor Coco asked if anyone on the Council would have any objection to granting a temporary use permit until the appeal canlbe heard November 3rd. 'Councilman L.' Miller stated he would have objections unless the applicant agrees to abide by the recommendations of the Fire Department that the dry vegation around the building be removed. and a 10 lb. ABC fire extinquishe~'be installed immediately. Councilman C. Miller stated he was in favor of working with the peopleto see if something can be done. --He would like to see some of the older buildings used, and they could!be atnractive and retain some of the charm of the City. In not working with people, it 'could be a disservice to the applicants and th~ City. Mr. Miller said he was in accord with the recommendations of the staff, but if the variance itself is granted the time limit to make safe and put in improvements should not be more than a year's time. There being no objections Mayor Coco authorized the staff to grant a temporary use permit to extend to November 3, 1969, to World Handicrafts contingent on compliance with the Fir~ Department's recommendations. Council Minutes /~ ,,~ Page 13 2. Parcels Proposed for Weed and Litter Action .~r. Blankenship_informed the'Council that the submitted list was of properties inspected by the Public Works Department and letters will be going out to the property owners. The Council asked that the property at Bryan and Newport be added to the list. --- 3. Removal Of Eucalyptus Trees on Moulton Way '~Navy Way) Mr. Blankenship reported that in order to construct a new force main Boyle Engineering Co., on behalf ofCounty Santitation District No. 7 had been granted permissionto remove 26 Eucalyptus trees within the City street right-of-way. These trees are in poor Condition and would ultimately be removed for the street widening. 4. Resolution No.1027 A Resolution of the City Council of the City of Tustin, California, authorizing the Attorney General of the State of California to represent the City in civil antitrust suit. Moved by Mack, seconded by L. Miller that 'Resolution No."1027 be read by title o'nly. Carried unanimously. Moved by Mack, seconded by Marsters that Resolution No. 1'027, authorizing the Attorney --- General of the State of California to represent the City in civil antitrust suit, be passed and adopted. Carried. 5. Usable Older Buildings CounCilman Mack stated that there is a great need for an interim policy relative to older buildings in town. There are quite a few in the older section of town that could be used for some purpose, but theoretically, according to some ordinances they are not usable because of parking, etc. It could be an extreme h~rdship for someone to have adequate funds to tear these down and start over. There should'be an interim policy whereby some use is allowed, with improvements, for a certain amount of time. These places could be cleaned up so they are not an eye sore and can produce an income and by the end of the interim period, they would.be expectedto comply with the Ordinances. Councilman C. Miller agreed wholeheartedly with this and said he would. like to encourage people to restore rather than tear down. Hayor Coco said 'that. the City Administrator had requested a workshop and this is one of the prime items on the agenda. Mayor Coco setiThursday, November 6 for a Council/ Manager workshO~ to be held at 7:30 P.~. in the office of the Police Chief. Count j. 1 Minutes 6. First Street Capital Improvements Mr. George Argyros asked if anything ms being done regardin~ capital improvements on Firs~ Street, especially between Yorba and E1 Camano Real. He felt the best approach would be to widen the street to its ultimate width and put in dividers. If possible, the widening should be done from one side. Many property owners have dedicated the necessary right-of-way. He suggested that the City anitiate this by putting in the street improvements at City expense an return for the dedication. Mr. Bob Hall stated that the Chamber of Commerce Streets and Highway Committee is studying all streets and recommendations for improvements are in the process of being formulated. The committee believes ~hat most property owners would give the right-of-way if the City would construct the improvements. The owners recognize that a fully improved street gives value to their property. Mr. Hall said he understood there could be money available in the gas tax fund and if the City did not have tobuy the right-of-way, they could afford the improvements. The committee had talked to some of the owners who had expressed their accord with this approach. Mr. Argyros stated that if the City considered this approach, it should be done all at one tame before any increase in land prices. He believed that the Citywould get excellent support from the property owners if the City was willing to spend the money. The owners wou~d give the land in exchange for off-site improvements and there would possibly be very little acquisition costs. The Council agreed that this was a critical area and that the information obtained from Mr. Argyros and Mr. Hall was the most encoura~ang ~hey had heard. Mayor Coco asked t~at the Council and staff be kept informed of all information and suggestions to pursue this further. Following Correspondence ~nd Reports Received: 1. Notice of hearing on retention or dissolution of Orange County Harbor District (City Resolution in favor of dissolution of said district to be sent to the Board of Supervisors) 2. Minutes of October 9, 1969 Executive Meeting~ Orange County Division - League of California Cities. 3. Correspondence relativ~ to traffic hazards~ stop signs, speed limits and light standards from Kenneth G. Hartan, owner of properties 'at 14711, 14741 and 14751 Newport Avenue. 4. City of Tustin, Conditaon of Funds Statement - City Treasurer. 5. Monthly Fund Summary - D. Blankenshi~. 6. Building Department Report - R. Waldo. ~ty SpOnsorship ~f Senior Citizens - J~ Harrison~ Page Commendations for'dfficers Crane and Krasco Mrs. C. W. Morrison. Notice of Economic Outlook Study - Orange Counly Chamber of Commerce. 10. Placing dissolution of Harbor District on State ballot by Assemblyman Briggs League of California Cities. 11. Notice of General Meeting for October 23, 1969 Orange County League of California Cities. 12. Resolution regarding air pollution - City ~f Newport Beach. 13. Tustin Chamber of Commerce Quarterly Report. ADJOURNMENT Ma~or Coco declared the meeting adjourned to a Rersonnel SesslOn. MAYOR CLERK