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HomeMy WebLinkAboutCC MINUTES 1968 05 20 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL May 20, 1968 CALL TO Meeting called to order at 7:33 P.M. by Mayor Coco. ORDER II. PLEDGE OF Led by Mayor Coco. ' ALLEGIANCE III. INVOCATION Given by Reverend Donald Sapp of Aldersgate Methodist Church. IV. ROLL Present: Councilmen: Coco, Mack, Klingelhofer, Miller, CALL Marsters Absent: Councilmen: None Others Present: Harry E. Gill, City Administrator James G. Rourke, City Attorney Ruth C. Poe, City Clerk James L. Supinger, Planning Director *Mr. Robert Cochran, Chairman of First Aid Service of Orange County Chapter, American Red CrosS, presented a plaque commending the Tustin Fire Department to Chief Morgan Hilton. *Mayor Coco signed and presented a proclamation to the Veterans of Foreign Wars urging support of the sale of Buddy Poppies. *On behalf of Councilmen Klingelhofer, Miller, Marsters, Ring, and himself, Mayor Coco presented a plaque for outstanding service to Councilman Gerald C. Mack. V. APPROVAL OF Moved by Mack, seconded by Marsters that minutes of MINUTES the May 6th meeting be approved as mailed. Carried. *Mayor Coco announced that, due to a request received by the City Administrator, Agenda Item VIII-No. 1 would now be considered out of sequence. ACCEPTANCE OF FINAL MAP FOR TRACT NO. 6580 (Tustin Meadows - Red Hill and Walnut) Moved by Miller, seconded by Klingelhofer that the final map for Tract No. 6580 be accepted, and the Mayor and City Clerk be authorized to execute the necessary documents. Carried. VI. PUBLIC 3. APPOINTMENT OF A PLANNING COMMISSION MEMBER HEARINGS Hearing opened at 7:45 P.M. Councilman Miller, Chairman of the Interview Committee, stated that the Committee had met with each applicant and considered each to be top quality men, well qualified for the job. He felt that perhaps those who had applied before should receive more consider- ation. The Committee could not agree which was the top applicant, and had not been able to come up with a reco~meDdation. Therebeing no comments, the hearing was declared closed at 7:49 P.M. Council Minutes 5/20/68 Pg. 2 Moved by Klingelhofer, seconded by Mack that because of past services to the community and repeated desire to serve in this appointive position Mr. Rollin J. Mahoney be appointed to fill this Commission vacancy. Councilman Mack and Councilman Marsters spoke in favor of Mr. Mahoney's appointment. Above motion carried. Moved by Miller, seconded ~y Marsters that Resolution No. 942 be read by title only. Carried unanimously. Moved by Mack, seconded by Marsters that Resolution No. 942, appointing Rollin J. Mahoney to the Planning Commission, be passed and adopted. Carried unanimously. ~ayor Coco spoke on the fine caliber and quality of applicants and state~ that he hoped those not selected at this time would not be discouraged and would apply for future vacancies. 2. APPEAL OF V 68-207 - ALEXANDER'S MARKET To consider an appeal of the decision of the Tustin Planning Commission of V 68-207 of Alexander's Market for a Variance to permit the addition of a 3' x 12' (36 sq. ft.) wall sign reading "liquor" to an existing structure with non-conforming signs. (Sign Ordinance permits a maximum total area of 321 sq. ft. existing signs total 946 sq. ft.) The proposed wall sign would be the fourth wall sign on the North side of said building (Sign Ordinance permits one (1) wall sign per building frontage). Hearing opened at 7:54 P.M. Mr. Leonard A. Hampel, attorney with the firm of Rutan and Tucker, spoke on behalf of the applicant stating that the granting of this Variance would make for a more symmetrical sign. The entire area is in Larwin Square and faces the parking lot and other commercial enterprises. If overall sign area is computed by taking each letter in the word "Alexander's" they felt they were asking for only a 1% variance and not a 300% variance as computed by the staff in blocking the entire word. There being no further comments or objections, the hearing was declared closed at 8:07 P.M. In answer to questioning, Mr. Supinger stated that the area of signs ls calculated in accordance with Section 6.03 of the Sign Ordinance, and in this case a rectangle was drawn around the ~tters and the square footage of 510 square feet determined. In answer to questioning by the Council, Mr. Rourke gave the following opinion: The Ordinance can only be interpreted as intending that a building can have only one ~rontage, even if surrounded by streets. Signs on the North and East sides would still be counted within the total allowed square footage which would be twice the lineal footage on one side. Council Minutes 5/20/68 Pg. 3 Van de Camp's, as well as the Northerly and Easterly wall signs must be taken into account. As Mr. Hampel said, the applicant recognizes that they need a variance which means that they want to do something that is in excess of the allowable signs. The question is whether there are exceptional circumstances as set forth in Section 38 of Ordinance No. 157 upon which the Council can base a finding of hardship. The Council must make a finding that, because of exceptional circumstances applicable to the subject property, a hardship exists. From a technical standpoint, it is felt to be limited to geographical matters. The,language of the Sign Ordinance relative to variances is slightly broader than that in the Zoning Ordinance as it just says exceptional circumstances applicable to subject property, although the intention of that could be stated to still mean about the property, not the applicant or his problems. Mr. Rourke pointed o~t that if a variance had not been granted, or would not be granted by the Council, the applicant may still change the copy on the existing sign without approval or permits, but cannot change size or location. Mr. Rourke said he found it hard to see where the timing of alcoholic b~verage permit or ordinance change is an exceptional circumstance applicable to subject property. In order to grant a variance, the Council must find that there is a hardship and~ in addition, find that the granting of the variance will not be detrimental to adjacent properties and will not be a grant of special privileges. The Council could find that there is a hardship and still deny the variance if they feel it is undesirable. After further discussion, it was the opinion of the Council that a determination should be made as to whether or not a hardship does exist, and if not, then the variance granted by the Planning Commission should be denied. Moved by Millerr seconded by Klingelhofer that Variance 68-207 be denied and the decision of the Planning Commission granting said Variance be reversed. Councilman Miller stated that he made this motion to bring out whether or not there Ks a hardship. ~ayor Coco stated that he felt that a hardship of sorts exists, therefore he would not vote to go counter to the recommendations of the Planning Commission. Above motion carried by roll call vote. Ayes: Marsters, Miller, Klingelhofer. Noes: Mack, Coco. Absent: None. Mr. Rourke stated that this action would be the end of the matter unless the applicant reinstated pro- ceedings to come before the Planning Commission. Council Minutes 5/20/68 Pg. 4 VII OLD 1. RESOLUTION NO. 938 BUSINESS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING COUNCIL POLICY NO. 90-3 RELATIVE TO PROGRAM RECOMMENDA- TIONS FROM COMMISSIONERS AND OTHER GROUPS. Moved by Klingelhofer, seconded by Mack that Resolution No. 938 be read by title only. Carried unanimously. Moved by Mack, seconded by Marsters that Resolution No. 938, adopting Council Policy No. 90-3, be passed and adopted. Carried by roll call. Ayes: Coco, Mack, Klingelhofer, Miller, Marsters. Noes: None. Absent: None. 2. ORDINANCE NO. 397 Second reading and adoption AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN AREA GENERAL PLAN. To show heavy density residential use (25 units per acre) for the area bounded by Fourth Street on the North, North "B" Street on the East, First Street on the South and North "A" Street on the West. Present designation is medium density residential use (4 units per acre). Moved by Mack, seconded by Miller that Ordinance No. 397 have second reading by title only. Carried unanimously. Moved by Miller, seconded by Klingelhofer that Ordinance No. 397, amending the Tustin Area General Plan, be passed and adopted. Carried by roll call. Ayes: Coco, Mack, Klingelhofer, Miller, Marsters. Noes:~None. Absent: None. 3. ORDINANCE NO. 398 - Second reading and adoption. AN ORDINANCE OF THE CITY OF TUSTIN REZONING ON APPLICATION NO. ZC 68-171'OF LATHAM AND WATKINS. Rezoning from C-1-P (Retail Commercial and Combined Parking) District to R-3 (Multiple Residential) District. Site contains 5.70 acres and fronts approximately 520 feet on the North side of McFadden and 480 feet on the East side of Williams Street. Moved by Miller, seconded by Mack that Ordinance No. 398 have second reading by title only. Carried unanimously. Moved by Mack, seconded by Miller that Ordinance No. 398, rezoning on Application No. ZC 68-171 of Latham and Watkins, be passed and adopted. Carried by roll call. Ayes: Coco, Mack, Klingelhofer, Miller, Marsters. Noes: None. Absent: None. Council Minutes 5/20/68 Pg. 5 4. ORDINANCE NO. 399 - Second reading and adoption AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE RELATIVE TO ANIMAL CONTROL. Moved by Miller, seconded by Klingelhofer that Ordinance No. 399 have second reading by'title only. Carried unanimously. Moved by Mack, seconded by Miller that Ordinance No. 399, amending the Tustin City Code relative to animal control, be passed and adopted. Carried by roll call. Ayes: Coco, Mack, Klingelhofer, Miller, Marsters. Noes: None. Absent: None. 5. ORDINANCE NO. 400 - First reading AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, REZONING PROPERTY ON APPLICATION ZC 68-172 OF THE IRVINE COMPANY. Rezoning from M-1 (Industrial) District to PC (Planned Community) District. Proposal is for adoption of planned industrial standards. Site contains 117.76 acres and fronts 1,320 feet on the Southwest s~de of Valencia Avenue, 2,640 feet on the Northeast side of Warner Avenue, and 1,291 feet on the Southeast side of the Newport Freeway. Moved by Mack, seconded by Klingelhofer that Ordinance No. 400, rezoning property on Application No. ZC 68-172, have first reading by title only. Carried unanimously. 6. ORDINANCE NO. 401 First reading AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, REZONING PROPERTY OF STUTSMAN ON APPLICATION NO. ZC 68-169. Planning Commission initiated rezoning (ZC 68-169) of a parcel totaling approximately 5 acres from 100-C-1-P-10,000 (Retail Commercial and Combined Parking) District to R-3-1750 (Multiple Residential, 1750 sq. ft. per dwelling unit) District. Site fronts 330 feet on the East side of Newport and 660 feet on the North side of Walnut (property is owned by Carl Stutsman, Jr.). Moved by Miller, seconded by Mack that Ordinance No. 401, rezoning property of Stutsman on Application No. ZC 68-169, have first reading by title'only. Carried unanimously. VIII. NEW 1. FINAL MAP - TRACT NO. 6580 BUSINESS Taken out of order see action taken prior to Old Business Noo 1. Council Minutes 5/20/68 Pg. 6 2. AUTHORIZE EMPLOYMENT OF THREE MAINTENANCEMEN IN DEPARTMENT OF PUBLIC WORKS. IMoved by Miller, seconded by Klingelhofer that the transfer of $1,600 from the Unappropriated Reserve to the Park Facilities Department, Account 8101, and the employment of three Maintenancemen for park maintenance purposes, effective May 20, 1968, be authorized. Carried. 3 .STREET RENAMING AND RENUMBERING City AdministratOr Harry Gill stated that for several years, there has been some discussion about the renaming of certain streets in the City. There is quite a bit of confusion, especially on numbered streets such as Fourth Street not being between Third and Sixth Streets. Also, confusion exists with the City numberingsystem developed when the City was incorporated and, as the City has grown, it has encroached into the County numbering system. So, we have two numbering systems in the City. There is confusion also where street names run into Santa Ana (400 West Fourth is in Tustin, and also an Santa Ana). It is recommended that possibly the Council would se~ a committee to study what streets can be renamed and study the overall number- · ng system. Councilman Miller stated he would like to suggest a couple of names from the residents for consideration for appointment to this committee if the Council agrees that this is a good approach. Councilman Mack suggested that this is a very signi- ficant timing in considering changing any names of streets. We are in the Centennial Year, and it is more timely now than any other year. Councilman Klingelhofer suggested that the Councilmen give the Mayor names of people they would like to see on this committee .and that the Mayor make selections by the next Council meeting and have those selected present and at that time make the charge and give them instructions so that this matter can move along as soon as possible. Mayor Coco directed that recommended names be submitted to him by the Council, three names by the Chamber of Commerce and by the Chairman of the Centennial Committee for the next Council meeting. 4. REQUEST TO CLOSE LORETTA DRIVE BETWEEN LEAFWOOD AND LAURIE LANE, May 30th from 3 P.M. to 7 P.M. Moved by Klingelhofer, seconded by Miller that request to close Loretta Drive between Leafwood and Laurie Lane on May 30th from 3 P.M. to 7 P.M. be granted. Carried. Council Minutes 5/20/68 Pg. 7 5. REQUEST FOR CLOSING OF FOURTH STREET FROM YORBA TO NORTH "A" STREET from 7 P.M. to 8:30 P.M. on Memorial Day, May 30th. Moved by Miller, seconded by Marsters that request for closing of Fourth Street from Yorba to North "A" Street from 7 P.M. to 8:30 P.M. May 30th be granted. Carried. 6. APPROVAL OF DEMANDS Moved by Klingelhofer, sec6nded by Mack that demands in the amount of $131,011.58 be approved. Carried. IX. OTHER 1. ORANGE COUNTY HOME SHOW BUSINESS Mr. Mack spoke on ~he fine Tustin display at the Home Show in Anaheim'Convention Center, and urged that everyone stop by and see this display. 2.REQUEST BY COUNCILMAN MILLER FOR PERMISSION TO BE OUT OF STATE. Moved by Mack, seconded by Klingelhofer that Council- man Miller be granted permission to be out of the State from May 27th through June 2nd. Carried. 3. CENTENNIAL COMMITTEE FLOAT REQUEST A request was received from Mr. Cass Hare that the Council consider a City sponsored float to be entered in various parades throughout the County. Mayor Coco stated that possible use of the Old Tustin Fire Truck had been discussed with the Fire Chief. Mr. Gill said that technically speaking, the City does own the fire truck. The truck was restored with private funds and with much labor of love by the firemen and volunteers. As far as assignment in I parades, it is through the fireman's group. It was in a parade this past weekend and won third place. The firemen use it on their own time and ride in it in uniform at no expense to the City. Councilman Mack asked that the Council go on record supporting the use of this truck for the Centennial purposes and the City's purposes throughout the rest of this year. And that the City go to reasonable expense to purchase some_kind of sign that would indicate that we are advertising our Centennial Year. He asked that this information be passed on to the Fire Department and, as the manpower is available, the truck be entered in various parades. Mr. J. Zahlen stated that it had been proposed that a City float be entered either through the Chamber of Commerce or the City. He felt that having a float entered in other city parades would help draw other floats from other cities to participate in our parade. Council Minutes 5/20/68 Pg. 8 Mr. Yarnell of the Tustin News suggested that Mr. Waitman take back to the Centennial Committee the request that a committee be formed and a proposal made to construct a float with City funds. Mr. F. Waitman, Chamber Manager, said this has been discussed at a Chamber Board meeting. The problem at this time is budgeting and the Chamber could not give a committment or answer until after their retreat scheduled for June 12th. Mayor Coco requested a schedule of parades to be held in the County and a more definite proposal as to type and exact cost of a float. Mayor Coco directed that the City Administrator use his own discretion on allowing and encouraging the use of the Tustin Fire Truck in whatever parades come up in the future and use his discretion oD the expenditure of funds needed to adopt the Centennial motif. Mr. Zahlen suggested that a float be built on a club-type participation. He had been told that a number of seniors in high school, along with service organizations, might enjoy building such a float and therefore, hold the cost down. This is our Centennial and we shohld go out of our way to make a real nice entry. Following correspondence received: 1. U.C.I. and COmmunity Development - Daniel G. Aldrich Jr. MaTor Coco asked Councilman Miller to prepare a reply to this communication. 2. General meeting announcement and minutes of May 9th Executive Board meeting - Orange County Division Of League of California Cities. 3. Notification of actions affecting cities - County of Orange 4. Acknowledgement of correspondence and Resolution relating to Orange County Harbor District Robert E. Badham 5. Resolution of commendation Saddleback Junior College District. 6. April Activity Summary Chief Sissel 7. Fire Prevention Report - Chief Hilton Council Minutes 5/20/68 Pg. 9 ADJOURNMENT Moved by Klingelhofer, seconded by Miller that meeting be .adjourned. Carried.  MAYOR CITY C~