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HomeMy WebLinkAboutCC MINUTES 1969 09 02 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL September 2, 1969 CALL TO Meeting called to order at 7:30 P.M. by Mayor Coco. ORDER PLEDGE OF Led by Mayor Coco° ALLEGIANCE INVOCATION Given by Councilman C. Miller, IV, ROLL Present: Councilmen: Coco, Mack, C. Miller, Marsters, CALL L. Miller Absent: Councilmen: None Others Present: Assistant City Administrator Do Blankenship ' City Attorney James Rourke Planning Director James Supinger Acting Secretary Doreen Henson APPROVAL OF Moved by C. Miller, seconded by Mack that minutes of MINUTES August t8~ 1969 be approved as mailed. Carried. Vi. PUBLIC 1. APPEAL - VARIANCE 69-251 HEARINGS APPEAL OF THE DECISION OF THE PLANNING COMMISSION DENYING APPLICATION OF THE METZ COMPANY ON BEHALF OF TANDY CORP. FOR A VARIANCE (V-69-251) TO PERMIT: a. A pole sign within required setback area with a height of 35 ft°, an area of 88sqo fro each side, total area of 176 sqo fro both sides with a re- volving mechanism° b. Total sign area for subject business of 224 sqo fto Site fronts 90 ft. on the southeast side of Newport Ave., approximately 120 fro southwest of the centerline of Old lrvine Boulevard. Mr. Supinger. stated this was not really a denial of the application, but rather a conditional approval by the Planning Commission granting total sign area of 148 sqo ft. and one stationary free standing sign within the required setback having a maximum height of 21o5 fro and maximum total area of 100 sqo ft. __ Hearing opened at 7:33 P.M~ Mro Clay Reavis, attorney, representing the Tandy Corpo, requested Chat this matter be continued to 9/15/69 due to the illness of their chief witness and also the fact that the matter possibly will be resolved prior to that date. Moved by Mack~ seconded by Marseers that appeal on Variance 69-251 be continued to 9/15/69 and that the public portion of the heari~lg remain open° Carried. Conncil Minutes 9/2/69 Pg. 2 ~ · 2 APPEAL - UP 69-304 AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION ON APPLICATION OF R.H. GRANT FOR A USE PERMIT (UP 69-304) TO PERMIT THE CONTINUED USE OF A TEMP- ORARY CONSTRUCTION MATERIAL STORAGE YARD AND CON- TRACTORS' OFFICE FOR A SIX (6) MONTH PERIOD. Site fronts 300 ft. on the northwest side of Red Hill Avenue, extending northeasterly from the Atchison, Topeka and Santa Fe Railroad tracks and the Orange County. Flood Control Channel. ~ro Supinger stated that thi~ matter was conditionally approved by the Planning Commission. It was originally approved last December. -This time, in conditionally approving it, in addition to the conditions that were placed upon the approval before, there were 3 additional conditions as follows: 1. That the yard be screened from view to the satisfaction of the Development Preview Committee or Architectural Committee. 2. That a cash or surety bond in the amount of $1,000 be posted with the City to guarantee replacement ~f the paving in Red Hill Avenue which has been exten- sively damagedby dirt hauling operations across Red Hill at the site subject to review by the City Administrator and the City Attorney° If the damage was done at the City's request for the dirt hauling, the bond requirement may be deleted as a condition. 3. That the provisions be complied with within 14 days of approval of the permit. Hearing opened at 7:35 B.M~ Mike Padilla, t665 S. Brookburst, Anaheim, Engineer for the Grant Company, stated the reason for the appeal was because they felt the above items should not be a part of the conditions. Concerning the screening, he felt it would be more likely to cause attention to be drawn to the property and they only intend to be there for 3 or 4 more months. Concerning the sure~y bond, the hauling of the dirt in this case was done with the approval of the City and the Grant Company is presently negotiating with the City in this matter. He requested that these items be deleted as conditions of the Use Permit~ Hearing closed at 7:40 P.M.! Mro }~arsters said he agreed with Mr, Padilla on the screening matter, but requested more information from Mr. Blankanship concerning ~he sure~y bond. ~ro Blankanship stated the dirt was available as the subdivision and the Grant Company came to the City to see if the City was interested in having it, Since the City's future property ther~ in back of the cons~ruc¢ion yard is rather low, Mr. WheelOCk said that the City could probably use the dirt. The tCity, ~o the best of his knowledge, did not actively,seek the dirt. When the dirt was moved, the contr,ac=or used extremely heavy equipn~nt. The City's position is that no damage would have been caused if the dir~ had been moved with the proper equipment. Council Minutes 9/2/69 Pg. 3 In answer to_questioning by Mr. Marstars, Mr. Padilla said he felt his company and the City could soutie this matter without adding it to the Use Permit. Councilman Mack suggested that since the company is __ presently negotiating with the City Engineer, perhaps the matter could be deferred for a two week period. I~may be that the requirements will not be needed. Mayor Coco said it would seem that quite a few months have gone by without satisfaction. The Council is here to see that Red Hill is a proper roadway, not to penalize any company° He would like co see it guaranteed that the roadway is put back in proper shape. In answer to questioning by the Council, Mro Padilla said one of the reasons negotiations have not been resolved is the fact that there is now a sewer line being put in there° Moved by Mack~ seconded by Marstars that UP 69-304 be granted subject to the following conditions: 1. That the permit is granted for a six (6) month period° 2. That the entire area utilized be fenced at all times° 3. That no part of the use be permitted within 70 ft. of the centerline of Red Hill Avenue. 4. That paved access be provided from the curb line of Red Hill to the storage area. 5. That a cash or surety bond in the amount of $1,000 be posted with the City to guarantee replacement of the paving in Red Hill Avenue unless the matter has been resolved to the satisfaction of the City Engineer within 5 working days of this date. 6. That the use shall be removed if this parcel is purchased by ~he City prior to expiration of the permit. 7.Compliance with condition 2 within 14 days after approval of the permit. Motion carried by roll call. Ayes: Coco, Mack, C. Miller, Marstars. Noes: none° Abstained: L. Miller. Absent: none. VIi. OLD 1. ORDINANCE NO. 445 BUSINESS AN ORDINANCE OF THE CITY COUNCIL OF TIIE CITY OF TUSTIN, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA EMPLOYEES' RETIREMENT SYSTEM. Moved by Mack, seconded by L. Miller that Ordinance NO, 4~ be ~a~ by title only. C~rried unanimously, Moved by Mack~ seconded by Marscots that Ordinance Nee 445 be passed and adoprod the second time to satisfy State requirements for passage by an teasn 2/3rds of the raembers of the Council. Carried unanimously by roll call. Ayes: ]oco, Mac~c, C. Miller, MarsEers, L. Miller. Noes: Counc ~ Minutes 2. ORDINANCE NO- 446 - second reading AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING ORDINANCE. NO. 371 RELATIVE TO SPECIAL SPEED ZONES. Moved by L. Millers, seconded by Mack that Ordinance Noo 446 have second reading by title onlyo Moved by Mack~ seconded by Lo Miller that Ordinance No. 446~ amending Ordinance NOD 371 relative to Special Speed Zones~ be passed and adopted° Carried by roll call. Ayes: Coco, Mack, C. Miller, Marsters, L. Miller° Noes: None o Absent: None. 3. APPOINTMENT OF MEMBERS - DEVELOPMENT PREVIEW COMMIITEE Moved by L. Miller~ seconded by Mack that the appoint- ment of members'to the Development Preview Committee be deferred to apersonnel sessioD at the end of this meeting. Carried unanimously. NEW 1. MASTER RECREATION AGREEMENT WITH TUSTIN ELEMENTARY BUSINESS SCHOOL DISTRICT Moved by Mack~ seconded by Marsters that the Mayor and City Clerk be ,authorized to execute the Master Recreation Agreement with the Tustin Elementary School District° Carried unanimous ly. ' 2. IMPROVEMENT AGREEMENT FOR UP 69-300 BETWEEN THE CITY AND CARMEN B. & SARA BARNETT Moved by L. Millerr seconded by Mack that the Mayor and City Clerk be authorized to execute the Improvement Agreement between the City and Carmen Bo and Sara Barnett. Carried unanimously. 3. EXTENSION OF TIME FOR CONSTRUCTION OF STREET IMPROVEMENTS Moved by C. Millersseconded by Marsters that request from Robert Hall be granted and the time for completion of the terms of all three Agreements covering the construction of First Street ~and Hall Circle improvements be extended to November 20, 1969. Carried unanimously. 4. PLACING OF MISSION BELLS ALONG EL CAMINO REAL Moved by Marsters i seconded by L. Miller that the City purchase 12 Mission Bells at a cost of approximately 940°00 per bell plus 950°00 for the suandardo The bells to be placed at 300 fro intervals on alternate sides of E1 Camino Real from First Sto to Newport Ave~ Carried by roll call. Ayes: Coco, Mack, Marsters, L. Miller. Noes .- C. Miller. Absent: None ~ 5. ACCEPTANCE OF IMPROVEMENTS-- TRACT 6580 Moved by Marsters~ ~econded by Co Miller that the im~oveme~M w~l~hfn "T~,a~u ~5~0 1~, ~eop~ed a~d pertinen~ surety bonds be released. Council Minutes 9/2/69 Pg, 5 6. CONSTRUCTION OF RED HILL STORM DRAIN RESOLUTION NO. 1019.. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFI- CATIONS FOR THE CONSTRUCTION OF WING WALL AND CHANNEL MODIFICATIONS AT ORANGE COUNTY FLOOD CONTROL DISTRICT CHANNEL F-10 ON RED HILL AVENUE, AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS. MOved by C, Millers seconded by Mack that Resolution No. 1019 be read by title only. Carried. Lo Miller abstained. Moved by Marsters, seconded by C. Miller that Resolution No. 1019, approving prans and specifications for the construction of wing wall and channel modifications at Orange County Flood Control District Channel F-iO and Red Hill Avenue, and authorizing and directing the City Clerk to advertise for bids, be passed and adopted° Carried by roll cello Ayes: Coco, Mack, C. ~iller, Marstorso Noes': None. Absent: None. Abstained: L. Miller. 7. APPROVAL OF DEMANDS ~oved by Marsters~ seconded by Mack that demands be paid in the amount of $56,543.17o Carried. OTHER 1). ~r~ .Blankenship presented a request from the Tustin BUSINESS Meadows. Hc~neo~-~ers Association for the City to share w~'~h the Grant Company an~ the Association in landscaping the fire lanes in T~stin Meadows° Mr, Thomas Lo Woodruff, President of the Tustin Meadow Community Association~ stated that these areas are all public right of ways having been dedicated to the City as a condition of approval of'the Tract Maps. Mr, Woodruff said the proposal is for the Grant Co. to f%~nd the purchase of planting materials and irrigation hardware, the City to supply the labor needs and the Community Association will guarantee perpetual maintenance° The amount involved wo'uld be approximately $8600 - about $5500 for materials and $3100 for labor. He said-they had been beleaguered with phone calls and correspondence asking what was going to be done about the g t trails" Eoing through Tustin Meadows. Mr. H. Shoemaker, 14502 Emerywood, Tustin Meadows, stated he felt these entire areas should be investi- gated and reviewed, even to re-dedication° Even if the areas are landscaped there will still be the problem of motorcycles, bicycles and fast traffic going through. Mayor Coco requested staff reports from Chief Hilton and Rex Waldo on the situation. 2) Mr~ Blankenship advised Council that 4 metal containers for storing supplies for the winter recreation iSrpgramwoUld be purchased aua cost ~f approximately ~ouncil Minutes 9/2/69 Pg. 6 3) Councilman L. Miller commended Bruce Beers for his recent production of the Fantastikso lie,also commended JaCk Harrison~ noting his summer recreatio~ progran reporuo Mro Mille~ Congratula=edthe Police Department and Chief Sissel for the work they have done on the Police Buildi~o He also commented on the hazardous conditions at the northwest corner of Prospect and 4th Streets. He felt with school starting shortl~ somethin~ should be done about it the water is 4 to 5 fee't deep in some cases. ~) MaTer Coco asked for reco~aendations from the EnE~nee=in Department or ~ublic~orks Department =e~a=din~ the cle~nin~ up of lots~ 5) Councilman C. M~lle= advised Council that the lady ~n charge of the Archives at the UCI Library ~ould be ver~ much interested in old photographs and decants of the early Tust~n-area~ 6) Resolution ~o. 1020 passed and adopted~ c~ena~n~ F~ed Na~tmn for h~s service to the comunit~ as Manage= of the ~stin Ch~e= of Come=ce. Mr~ ~aitmn ~s leav~n~ Tust~n to ~ec~e Executive Vice ~resident of ~he Greater Kent Area 0h~be~ of Comeroe in the state of ~ash~n~ton. It ~as suggested tha~ cop~es of this Resolution be sen= to Chamber of Comerce members ~n Ken= as ~ell as the Tust~n ChaSer members~ Resolu=ion ~o be si~ned by all Counci~en~ The Followi~ Correspo~ence and Repo~ts Received: 1) Letter from M~s~ Helen ~ader re: speed t~it at Mc[adden and ~illi~ Co~c~lmn C. Miller requested that the Cit~ A~inistTator direct a le~te~ to Mrs. Rade= thankin~ her got her interest~ 2) htter =e~uestin~ pemiss~on for block pa~t~ on [oxc~oft Rd~ Tusti~ Meado~s~ Saturda~ 8/30/69 (request received too late for Co~cil approval - pem~ssion ~ranted subjsct to usual rules ~e: use of official barricades and szreeu accessible to emer~enc~ vehicles)~ 3) Los ~eles Times - Utilit~ Poles: an Underground ~ovement That~s Beautiful~ ~) Co~ndat~ons fo~ T~t~ ~ol~ce Department - Mrs~ David D~lks (vacatio~ check)~ E. J. Neve - pr~pt =espouse to p~o~te~ call ([~ed Krasco & D~ Le~ba}~ ~anda D. Thuds (vacation check)~ Virgil T. Crawfo~a~ J~s A. Naddells Joe Avila - ~olice Explorers ~James Hein and Joe Ca=tuba). 5) City of Redondo Beach Resolution No~ 4820 - ~equesting the Resolution Comit~ee of the League of California Cities to Submit a Resolution to the League's ~nual Convention Opposing any Change in the Curren~ T~ Exemption on State and Local Goverm~ent Bond Interest. 5) City of Cometee Resolution No. 69-32 - Urging Adoption by the United States Congress of the Controlled Dangerous Substances Act of 1969, 6) City of San Clemcnte Resolution No. 61-69 - Protesting the Expenditure of ~u~ds to Implenient the Orange County General Planning Progrm~ as set forth in the P~ogr~n Design Project Report ~(Parts I and II). Council Minutes 9/2/69 Pg. 7 7) Minutes Orange County Division, League of California Cities Executive Meeting - 8/14/69, __ 8) League of California Cities - letter re: Ar~ual League Conference, Mayor Coco and Mayor pro zem Mack appointed delegate and alternate to the Conference in San Francisco September 28 - October 1, 1969, X. ADJOURNMENT Moved by Marsters~ seconded by Mag~ that meetin~.b~ adjourned to a personnel session. Carried, / ACTII~G SECRETARY