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HomeMy WebLinkAboutCC MINUTES 1968 11 04 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL November 4, 1968 CALL TO Meeting called to order at 7:30 P.M. by Mayor Coco. ORDER II. PLEDGE OF Led by Mayor Coco. ALLEGIANCE III. INVOCATION Given by Mayor Coco. IV. ROLL Present: Councilmen: Coco, Mack, Klingelhofer, CALL Miller, Marsters Absent: Councilmen: None Others Present: City Administrator Harry Gill City Attorney James Rourke City Clerk Ruth Poe Planning Director James Supinger V. APPROVAL Moved'by Miller, seconded by Klingelhofer that -- OF MINUTES minutes of October 21st meeting be approved. Carried. VI. PUBLIC 1. ZC 68-186 OF G.L.A. DEVELOPMENT COMPANY ON HEARINGS BEHALF OF UNITED CALIFOFCNIA BANK. Application for rezoning Of an 0.33 acre portion of a parcel totalling 4.04 acres which fronts approximately 292 feet on the north side of First Street frQm the R-3 (Multiple Family Residential) District to the C-1 (Retail Commercial) District. Proposed rezoning runs the full width of the property for a depth of approximately 55 feet on the north side of the existing building occupied by Shak~y's Pizza Parlor. Hearing opened at 7:32 P.M. There being no comments or objections, the hearing was declared closed at 7:33 P.M. Councilman Marsters stated that he would abstain from voting on this matter. Moved by Miller, seconded by Mack that Zone Change 68-186 of G.L.A. Development Company for United California Bank be ap_proved and the City Attorney directed to draf~ the necessary Ordinance. Motion carried Councilman Marsters abstained. VII. 1. ORDINANCE NO. 421 OLD BUSINESS AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, REZONING PROPERTY ON APPLICATION NO. ZC 68-185 OF CROSS Rezoning property fronting 150 feet on the north si~e of First Street, approximately 180 feet east of the centerline of Prcspect Avenue from C-1 to C-2 Zcne, Council Minutes 11/4/68 Pg. 2 Movedby Miller, seconded b~ Marsters that Ordinance No. 421 have second reading by title only. Carried unanimously. Moved by Mack, seconded by Klingelhofer that Ordinance No. 421~ rezoning property on application No. ZC 68-185 of Cross, be passed and adopted. Carried by roll call. Ayes: Coco, Mack, Klingelhofer, Miller, Marsters. Noes; None. Absent: None 2. ORDINANCE NO. 422 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, PREZONING PROPERTY ON APPLICATION NO. PZ 68-111 OF BOLYARD. Prezoning to R-3-1500 property fronting approxi- mately 94 feet on the southwest side of Nisson, 60 feet on the eas~ side of Pasadena, and 60 feet on the nortk side of Myrtle, in the South Tustin area. Mo~ed by Mack, seconded by Miller that Ordinance No. 422 have second reading by title only~ Carried unanimously. Moved by Mack~ seconded by Marsters that Ordinance No. 422, prezoning property on Application PZ 68-111 of Bolyard, be passed and adopted. Carried by roll call. Ayes:'Coco, Mack, Klingelhofer, Miller, Marsters. Noes: None. Absent: None. 3. AGREEMENT BETWEEN THE CITY AND BOLYARD RELATIVE TO CERTAIN CONDITIONS FOR THE DEVELOPMENT OF PROPERTY DESCRIBED IN PZ 68-111. Moved by Miller,'seconded by Mack that the Mayor and City Clerk be authorized to execute the agreement with Bolyard. Carried. 4. RESOLUTION NO. 968 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING RESOLUTION NO. 840 RELATIVE TO COUNCIL POLICY NO. 20-4 AND COUNCIL POLICY NO. 20-8 (Special Leaves of Absence and Holidays, and Extended Travel). Moved by Klingelhofer, secondeddy Mack that Resolution No. 968 be read by title only. Carried unanimously. Moved by Marster~, seconded by Mack that Resolution No. 968, amending Resolution No. 840 relative to '~uncil'Policy No. 20-4 and Council Policy No. 20-8, be passed and adopted. Carried by roll call. Ayes: Coco, Mack, Klingelhofer, Miller, Marsters. Noes: None. Absent: None. 5. RESOLUTION NO. 969 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING, DETERMINING AND DECLARING THAT A MAJORITY PROTEST HAS BEEN MADE ON THE FOURTH STREET AND NEWPORT FREEWAY ANNEXATION. (Approximately ~.63 acres on the west side of Yorba Street at Fourth ~treet.) Council Minutes 11/4/68 Pg. 3 Moved by Miller, seconded by Klingelhofer.that Resolution No.' 969 be read bY title only. Carried unanimously. Moved by Marsters, sec6nded by Mack that Resolution No. 96~, finding, determining and declaring that a majority protest has been made on the Fourth Street and Newport Freeway Annexation, be.p~ssed and adopted. Carried by roll call. Ayes: Coco, Mack, Klingelhofer, Miller, Marsters. Noes: None. Absent: None. 6. RESOLUTION NO. 960 A RESOLUTION DECLARING THAT PROCEEDINGS HAVE BEEN INITIATED BY THE CITY COUNCIL OF THE CITY OF TUSTIN, TO ANNEX TO SAID CITY CERTAIN UNIN- HABITED TERRITORY DESCRIBED HEREIN, AND DESIG- NATED AS "RED HILL AVENUE - MITCHELL AVENUE NORTH ANNEXATION" TO THE CITY OF TUSTIN, AND GIVING NOTICE OF THE PROPOSED ANNEXATION. Moved by Miller, seconded by Mack that action on Resolution No. 960, initiating proceedi~ "Red Hill Avenue Mitchell Avenue North Annexation" be deferred to the December 2nd Council meetinq. Carried. 7. ORDINANCE NO. 415 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, REZONING PROPERTY OF FREDRICKS ON APPLICATION NO. ZC 68-179. Property located Northeast of McFadden and the Newport Freeway. Moved by Mack, seconded by Miller that Ordinance No. 415 have second'reading by title only. Carried unanimously. Moved by Mack, seconded by Klingelhofer that Ordinance No. 415, rezoning property of Fredricks on Application ZC 68-179, be passed and adopted. Carried by roll call. Ayes: Coco, Mack, Klingelhofer, Miller, Marsters. Noes: None. Absent: None. 8. PROPOSED WINTER RECREATION PROGRAM OF THE PARKS AND RECREATION COMMISSION Staff report and excerpt'ofOctober 30th meeting of the Parks and Recreation Commission presented. Mayor Coco stated that as a result of several meetings held, there Is now a recommendation for a $3,800 transfer from the Unappropriated Reserve~ Mrl Gilt stated that there had been discussion relative to the band being somewhat self-sustaining. The excursions for children, adults and senior citizens would be from budgeted money and would be open to City residents on a no fee basis. Councilman Mack stated that it bothers him to be acting on the request of $3,800 which is not budgeted After sitting through the Parks and Recreation work- shop, it appears that when people are interested in specific things such as the type of things presented, most people are willing to pay a small price for Council Minutes 11/4/68 Pg. 4 this. With the possibility of the situation that could develop from the election, it appears ihat the Council may be acting on something they would be sorry for. Councilman Mack said he would prefer to see the Council hold off on this item. Mr. Gill stated that this matter could be deferred to the second meeting in November and still have time to get any announcements out through the schools the first week in December. In answer to questioning by Councilman Miller, Mr. Koch Of the Parks and Recreation Commission stated that it had been part of the Commission's discussions to hold off on teeh dances until after basketball season, but there have been requests for teen activities on nights of away games and the Commission had left this to the discretion of the Police Department. The dances are self-sustaining. Councilman Miller said he did not see the need for excursions during the school year, and the City might do better to conserve funds for a better summer program. Councilman Klingelhofer stated that the Senior Citizens seemed to receive more value from the excursions than any other group that voiced their opinions at the workshop meeting. These excursions during the winter months would involve them more than it would the youth. It may be possible that this could be worked out'on a cost basis. The recreation department could act as a vehicle in making these possible through the organization of it. Councilman Klingelhofer said he felt it would be best to defer any further action at this time. Moved by Klinge!hofer, seconded by Mack that the Council defer any'action on this program until the next regular Council meetinq. Carried. Councilman Klingelhofer stated that the open meeting held was a good one, well attended, and a good cross section of community people were present. From this meeting, it seems that it would be ideal to have a community recreation leadership con~ittee or a Tustin recreation study committee, and have it composed of not only representatives from the Parks and Recreation Commission, but also the Senior.Cftizens, P.T.O.'s, etc. Other community oriented people who have, through past activities, proven an interest in the community and maybe a good many teenagers who could be asked on occasion to present their ideas, would also like to serve. There were some of the best ideas presented at the meeting by the teenagers. This was a meeting where everyone had an opportunity to say how they felt about recreation and it seemed that there was ~ sufficient amount of interest that if this committee could be formed, the very answers that our Parks and Recreation Commission are searching for might evolve. Mr. Gill was asked to carry these suggestions to the Parks and Recreation Commission. Council Minutes 11/4/68 Pg. 5 VIII. NEW 1. FINAL MAP, TRACT 6595, STANDARD PACIFIC CORP. BUSINESS Location: Fronts 33S feet on the northeast side of Walnut Avenue, approximately 800 feet west of Browning. Moved by Mack, seconded b~Y Marsters that Final Map of Tract No. 6595 be ap2roved and the Mayor and City Clerk authorized to execute the necessary documents. Carried. 2. AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONSI AND RESTRICTIONS OF BROADMOOR PARK HOMES. Tract No. 5234 - 1241 East First Sireerr Tustin Moved by Miller, seconded by Klingelhofer that the Third ~mendment to Declaration of Covenants, Conditions and Restrictions of Broadmoor Park Homes be approved and the Mayor and City Clerk be authcrized to execute said amendment. Carried. 3. APPEAL BY MUTUAL LIQUID GAS & EQUIPMENT COMPANY OF STAFF DECISION ON LOCATION OF LPG TANKS AT NEWPORT AND EDINGER. Mr. Gill, in recappin~ the information available, stated ~hat this is a matter of installation of a facility which does not meet the requirements of the City Fire Code. The Council therefore, sitting as a Fire 'Appeal Board~ may take the opportunity-to review the staff action and the app!icant's appeal, and support or reverse the application of the Code by the City staff. Mr. Gill showed a slide of the property and pointed out the location of the tanks and explained th~ problem of the proximity to property lines and the location and size of existin~ utility easements. He stated that the tank could have been built prior to the Newport Avenue abandonment under the conditzons of Newport as a street. With the abandonment of Newport, the property line became the centerline of Newport. Fire Chief Morgan Hilton stated that at the time this went before the Plannin~ Commission, the 60 feet shown on the map was ~8 feet. ~t that time, they could have placed the tank 10 feet back of the s~dewalk. With Newport ~venue abandonment, the~ now require tanks placed 50 feet from property which could be built upon. The Fire Code referred to in his report is the 1962 National Fire Code. The 50 foot separation from a property line or building is ~ustified by the dan~er of radiation of heat and source of ignition. Mr. Melvin Moore, Vice President of Mutual Liquid Gas and Equzpment Company, Inc., stated that this installation is partly in the County and partly in the City. The County of Orange Division of Industrial Safety has approved this installation. The industry always uses easements for keeping distance away from buildings- The California Edison Company has a 25 foot easement either side of their poles and the Water Works has a franchise coverin~ the area Council Minu~es 11/4/68 Pg. 6 of the street and they have submitted a letter stating that there will be no buildings in that area. The Santa Ana Irrigation District also. has an easement. Usually when using easements, at any such time as there are buildings'put up or easements abandoned, fire walls an~ sprinklers are installed. The DiviSion of Industrial Safety mentions that tanks may be located a lesser distance from buildings constructed of concrete and masonite materials. In answer to questioning, Mr. Moore stated as follows: It is maintained that these tanks are safer than any gasoline tank. The Orange County Fire Marshal and Fire Pro- tection Analyst have approved the use of ease- ments and that at any such time as abandoned or built upon, fire walls and sprinklers are to be installed. If the tanks were located diagona~'.y on the property, there would-not be sufficient turning area. His Company already owns the land and had acquired it because of the railroad siding and the easements, flood control channel and the freeway. He had not explored the possibility of obtaining an agreement from the owner of the easement property, stating that there would be no buildings built on these easements for the life of the storage tanks as he could not see Case Swayne giving this agreement. M~yor Coco stated that the City is facing th~ dilemma that they have a 50 foot limitation and ~ are being asked to consider that easemenets are as good as non-build~ble pr6perty. A legal agree- ment that the easement will not in fact be built upon would remove the problem completely as far as the Council is concerned. He felt that the Council needed a legal resolution of this. On the one hand they are told that an easement does not suffice, and on the other hand, Mr. Moore says that he has several instances of installations where the industry has used easements to fulfill the code requirements. Mayor Coco asked Mr. Moore if he had documented ..~ instances of cas~s within the jurisdiction of the Los Angeles Fire Department where a situation like · this exists, where an easement is necessary to be used to' fill the code requirements. If this is true, he felt that it might have an influence on the Council's thinking. . Mr. Moore stated that Leslie Benton, Orange County Fire ProteCtion Analyst, could get all this infor- mation, and the Orange County Fire Marshal and the Chief have approved this installation, providing there are no buildings on the easemen~-, and that at such time as the easements are abandoned, fire walls will have to be constructed and sprinkler systems installed. Council Minutes 11/4/68 Pg. 7 Mayor Coco stated that the Council has an obligation to the City to act in a prudent manner as regards possible future liability, in conformance with the __ Fire Code, but it ms possibly a short sighted attitude to ignore the fact that other jurisdictions are using easements in this manner. In answer to questioning by Councilman Miller, Mr. Rourke stated that it is possible to have overlapping easements and the City could have an easement on top of these easements for rights of entry and clearance. The City coul condemn such an easement, but it would require payment to the property owner. Mr. Rourke also said that he would seriously doubt if you could prohibit any further use of the' property at any time, but you could impose further requirements such as the sprinklers and walls. This could have problems from the administrative standpoint, namely of later trying to require something of someone and you are apt to find yourself having to go to court. If Mutual Liquid Gas were to voluntarily commit them- selve's to building wall structure on any building on. these easements and the2 declined {~ perform at that time, then the City would have a problem where they would have to go to court and get it enforced. This would be one alternative, however. Mr. Moore stated that the-Company would be willing to provide the City with such an agreement; Mr~ Rourke stated that if the Council were satisfied that the interpretation that an easement is as good as non-buitdable land, they could clarify the Code to make it Clear that that is the meaning and intention. .Mayor Coco felt that it would be unnecessary to ~larify if we were to obtain this sort of voluntary agreement from the Company' to construct Wall~ and sprinklers around future buildings. The'Company is on record through Mr. Moore as being willing to provide the City with that commitment. Councilman Miller agreed that this would solve the City's problem. In answer to Councilman Miller, Mr. Rourke said that there was no reason why accepting this kind of an agreement would not be reasonable and prudent. The only drawback to it at all could be in the rather unlikely event that buildings were to be built and if then the Company did not want to carry through on the agreement: -Moved by Klingelhofer, seconded by Miller that the City Council, sitting as Fire Appeals Board, finds and determines that the appl%cant may install and locate a container for liquified gas, as shown on the plot plan submitted with his application, pro- vided that he enters into an Agreement with the City, in a form satisfactory to the City Attorney and the Fire Chief, which will. provide that in the event' of construction of any buildings within fifty feet of said tank, the applicant will cause tc be constructed fire walls and other improvements, and that this alternative is equally satisfactory and safe as locating the tank fifty feet from any buildable property line. Carried. Council Minutes 11/4/68 Pg. 8 4. APPROVAL OF DEMANDS Moved by Mack, seconded by Miller that demands in the amount of $50,708.75 be paid. Carried. IX. OTHER 1. SIGN ORDINANCE REPORT BUSINESS Mr. Gill presented the Sign Ordinance report with the suggestion that the Council set another workshop on this matter and that perhaps an overall, new approach to the problem should be I considered. or, if it is the pleasure of the Council, to refer the Ordinance to the ~lanning Commission for public hearing. Councilman Miller stated that with all sessions the City has had on this, he would be in favor of tryang to come up with a fresh approach. Mr. Gill referred to the letter from Mr. Waldo, Chief B~ilding Inspector, which states some of the problems in administering ~he Sign Ordinance. It has been a struggle and not much of it done by voluntary action by the man applying for or installing a sign. This matter is now with the City Council and it as at the Council's discretion as to how they want to approach the issue. As Mr. Waldo mentioned, the portion relating to construction and structural aspects in this OrdinAnce may just amplify the problem i~ understanding.the Code. The structural aspects for signs have never really been in debate by anybody, and it may be that the Ordinance should not include this. It would be relatively sample to pull that portion out of the Ordinance. If you want the staff to consider any revision of the Ordinance, there is need for new direction as to how they should procede[ Councilman Mack suggested that the Council hold a workshop in the next week and attempt to arrive at some direction for the staff so that in some way the CoUncil can get this off the ground and resolve the few problems that are left. Friday naght, November 15th, at 7:30 P.M. in the office of the Police Chief was set for a workshop of the Council, one member of the Planning Con~ission, one Chanter representative and the staff. 2. REQUEST FOR CROSSING GUARD - McFadden and Myrtle Mayor Coco directed that this matter be referred to the staff for study. 3. COMPLAINTS REGARDING CARNIVALS AT LARWIN SQUARE Councilman Miller stated that he had received complaints from residents in the area about the number and frequency of carnivals. He had told these residents to' direct a petition to the License and Permit Board, the Chamber of Commerce, and Larwin Square Merchants Association. Council Minutes 11/4/68 Pg. 9 Mr. Con Adams, member of all three groups, stated that there had been complaints about the last two carnivals which had been much too close together. They are now taking steps to control the number as well as the frequency of these carnivals. 4. APPOINTMENTS OF MEMBERS ON COMMISSIONS ~ouncilman Mack suggested that as there is always the problem of the decision for appointment members to Commissions when vacancies arls~ that these applicants be asked for assistance when study groups are set up. tf a person will willingly work on any committee, it makes it easier to make appoint- ments the next time. 5. YOUTH IN GOVERNMENT DAY Councilman Mack recommended that rather than holding mock Council and Planning Conmlission meetings for the students to participa'te in, the students attend and take part in regular meetings for at least a part of each meeting wi~h their counterpart in attendance. Mrs. Poe was asked to contact both the Optimist Club and the schools, and make the necessary arrangements for all activities for Youth in Go~erhment program. 6. Mr. Beckman of 665 West Third Street, stated that both he and his wif~ enjoyed the carnivals and suggested an Ordinance so that carnivals could be held quarterly. Mr. Beckman also suggested that for Youth in Government Day, we come through the entire planning ~tages of a rezoning before it goes to the Commission in order to get a complete under- standing of the mechanics. The following reports and correspondence received: 1. Resolution relative to Future Regional Airport Facilities for Orange County - Newport Beach 2. Resolution relative to crossing of California - Mexican Border by unaccompanied minors - Corona 3. Resolution relative to Return of Respect for Law - Westminster 4. Resolution endorsing Proposition No. 7 Westminster &nd Brea 5. Resolution supporting Proposition No. 1-A - Westminster and Brea 6. Urban Land - James SuRinger X. ADJOURNMENT Moved by Marsters, seconded b~ Mack that the meeting be adjourned to a personnel session. Carried. Council Minutes 11/4/68 Pg. 10 Those present at the personnel session were: Councilmen Coco, Mack, Klingelhofer, Miller, Marsters; City Administrator, City Attorney; City Clerk. Moved by Klingelhofer, seconded by Miller that the meeting be adjourned. Carried. MAYOR CITY CLERK