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HomeMy WebLinkAboutCC MINUTES 1968 04 01 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL April 1, 1968 CALL Meeting called to order by Mayor Mack TO ORDER ' II. PLEDGE OF Lea by MayorsMack. ALLEGIANCE III. INVOCATION Given'by Father Charles Ara of St. Cecilia's Church. IV. ROLL Present: Councilmen: Mack, Klingelhofer, Coco, CALL Miller, Ring 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 V. APPROVAL Mgved hy Klingelhofer, seconded by Coco that the OF MINUTES minutes of March 18, 1968 meeting be ~pproved as ~ailed. Carried. VI. PUBLIC 1. ZONE CHANGE 68-167 OF CHRISTESON DEVELOPMENT HEARINGS COMPANY Continued from March 18, 1968 TO REZONE A PORTION OF PROPERTY ZONED 100-C-1-P-10,000 (COMBINED PARKING AND RETAIL COMMERCIAL) DISTRICT TO R-3 MULTIPLE RESIDENTIAL) DISTRICT, LOCATED 330 FEET NORTH OF THE CENTERLINE OF WALNUT AVENUE AND 660 FEET EAST OF THE CENTERLINE OF NEWPORT AVENUE. Mr. Dan Christeson, applicant of 1441.E. Seventeenth ~tr~et, Santa Ana, spoke in favor Of this application stating the following: 1. No opposition but numerous communications asking Council support. 2. Unusual nature of the property due to the surrounding zoning and uses. 3. There would be no burden on City and neighborhood and he understood that Walnut Avenue would be an 84 foot highway. 4. Merchants in the area have asked that the CQuncil consider this rezoning to h~lp activate some activity in the neighborhood to help them survive. 5. A Master Plan is a guidepost and each property should stand on its own. The Irvine Company, which has its own Master Plan, has indicated changes may be varying from the Master Plan itself which indicates in itself that there may be week to week changes. Council Minutes 4/1/68 Pg. 2 Mr. Alan Stutzman, 2141 Canada Road, E1 Toro, owner of a portion of this propertyr stated that they had requested R-3 on this property since 1961o When annexed to the City, it was zoned "U". Later an R-3 request was made, but due to area opposition, this was again denied and property was zoned C-1. Again asking for R-3 which developers feel is the desirable zone. There being no objections or further comments, the hearing was declared closed at 7:47 P.M. Mayor Mack stated that a study. session had been held Saturday morning with most of the area people concerned in this request and representatives of the Council, Planning Commission, school personnel, and'City staff regarding density uses. Councilman Coco stated that to amplify on Mr. Christeson's remarks, he was technically correct in saying there have been no protests on this particular application. However, it was brought out at the workshop that there is a definite conflict .with the General Plan. On the R-3 zoning itself, he believed that the R-3 just to the north has restrictions to R-3-1700. The Planning Commission recommendation on this particular property has a very similar zoning, R-3-1750. Although the map- shows R-3, the density there is between R-3 and ~-4. Councilman Ring stated he was on the Planning Commission when Mr. Stutzman's property came before it, and the commercial zoning was granted to fit the use of the proposed recreation development. Councilman Ring stated he agreed with Mr. Christeson about the development in that area. It is obviously not going to be R-l, and R-4 does not seem to be economical from both the builder's standpoint and the vacancy factor seen in the City. Moved by Ring, seconded b~ Coco that the Council take the recommendation of the Planning Commission and that the compromise zoning of R-3-1750 be ~pro~ed. Councilman Miller stated that it is not in accord with the General ~lan which is disturbing as he does not know what the end results will be on the total plan. Councilman Miller said he is also worried about other areas of the County and what influence the City's recommendations may have if we request that the County not make changes because they are not in accord with the General Plan if the City does not honor it themselves. R-3 zone does not require adequate off-street parking nor-does it require the kind of architectural control that Mr. Christeson said he would like to see applied to R-3. The Police Chief has mentioned that there is a police problem in these higher density areas due to lack of control on closed garages. Councilman Miller stated he would like to suggest that the Council go to a different zone than the R-3 zone. A zone that rcquires the type of control where the Council Minutes 4/1/68 Pg. 3 Planning Commission can insist on adequate parking and hoped that the Council would consider one of the PD zones that the density can be the same and will allow control of things that will be a problem such as lighting, Pa~ing, access, open garage pro- blems, etc. Then.the City would be free to ask the County to be as restrictive. as the Council has been on this piece of property. In answer to questioning by Councilman Coco, Mr. ~upinger stated ~a t a rezoning or General Plan amendment takes approximately three months to get through the Council and that both a rezoning and amendment to the General Plan could be done simultaneously. ~r. Rourke stated there would be n6 legal require- ment to refrain from varying from the General Plan but it should be brought into line. Above motion carried by roll cal]o Ayes: Mack, Rilngelhofer, Ring. Noes: Miller Coco. AbsenT: None. ' Councilman Miller excused from the meeting. 2. PZ 68-106. PLANNING COMMISSION INITIATED PREZONING (PZ 68-106) OF APPROXIMATELY 50 ACRES TO THE M (INDUSTRIAL) DISTRICT. SUBJECT PROPERTY INCLUDES PARCELS OWNED BY THE MULLIN LUMBER COMPANY FRONTING 755 FEET ON EDINGER AND 300 FEET ON RED HILL, AND BY THE FRANK P. BORCHARD RANCHES FRONTING APPROXIMATELY 1,300 FEET ON RED HILL AND EXTENDING FOR A DEPTH OF APPROXIMATELY 1,320 FEET FROM THE CENTERLINE OF RED HILL. Hearing opened at 8:D1 P.M. Location and uses and zoning of surrounding area explained by Mr. Supinger. There being no objections or comments, the hearing was declared closed at 8:02 P.Mo Moved by Ring, seconded by Klingelhofer that PZ 68-106 prezoning property of Mullin Lumber Co_ and F~ank P. Borchard Ra'nches be approved and the City Attorney directed to draft the necessary ordinance. Carried by roll callo Ayes: Mack, Ktingelhofer, Coco, Ring. Noes: None. Absent: Miller. 3. ZONE CHANGE 68-170 OF C. GREENWOOD AND R. WINDOLPH APPLICATION OF CHARLES F. GREENWOOD AND ROBERT D. WINDOLPH FOR REZONING (ZC 68-17D) OF APPROXIMATELY 2.2 ACRES FROM C-1-P (RETAIL COMMERCIAL AND COMBINED PARKING) DISTRICT TO THE R-3 (MULTIPLE RESIDENTIAL) DISTRICT. Site fronts 235 feet on.the North side of McFadden Street, approximately 296 fee~ West of the center- line of Tustin Village Way. Council Minutes 4/1/68 Pg. 4 Hearing opened at 8:04 P.M. Mr. Charles Greenwood spoke on behalf of this application. There being no 'further comments end no objections, the hearing was aeclared closed at 8:05 P.M. Moved by Klingelhofer, seconded by Coco that the Council concur with the recommendations of the Planning Commission and that ZC 68-170 of Charles Greenwood and Robert Windolph be approved and the City Attorney directed to ~raft the necessary ordinance. Carried by roll call. Ayes: Mack, Klingelhofer, Coco, .Ring. Noes: None. Absent: Miller. 4. PARKING RESTRICTIONS ON TUSTIN VILLAGE WAY Mr. Gill explained that this is not a noticed public hearing but that all persons along Tustin Village Way who were on original petitions had been notified and that someone present might wish to be heard. Mr. Cordon of 15500 Tustin Village Way, stated opposition to red curbing east of the freeway ramp. Mr. M. Morgan asked for clarification. Mr. Dale Rather statea he objected to the curb ~ainting of approximately 170 feet in e~istence on the street as an unjustifi/-.~le restriction. Mr. J. Waspi, Vice President of Orange County Safety Council, introduced Mro Ken Hultgren, Executive Director of the Safety Council. He reported that they had viewed the site and stated that unless there is a high accident experience on this street, which is unlikely, they believe there is ample room for parking on both sides of the street all the w~y to the circle with the exception of red marking near curb cuts so that there is sight clearance. The one patch of red at the North end serves no useful purpose for traffic~ Something that may have to be watched in the future is from Alliance to the red line on the West side of Tustin Village Way, as you will be generating traffic coming down Alliance to Tustin Village Way. Mr. Hultgren stated that they were in agreement with red curbing from the Freeway ramp to McFadden Avenue° There being no further comments, the hearing was declared closed. After a recap by Mr. Gill and a discussion by the Council including consideration of a loading area for school busses, it was moved by Coco, seconded by Klingelhofer that the Ceuncil accept the recommendations of the City staEf and restrict parking along the East side of Tustin Village Way from McFadden to the off-ramD and on the West side of McFadden to aODrOximatelV 60 feet North of the ramD. Motion carried. Council Minutes 4/1/68 Pg. 5 Mr. Gill stated that the staff would take the necessary steps to leave some marking for the bus turn and remove the rest of the existing curb painting on the North end of the street° VII. OLD 1. ORDINANCE NO. 391 BUSINESS AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, REZONING PROPERTY OF BORCHARD ON APPLICATION NO. ZC 68-166. Property fronts 470 feet on the West side of Williams Street, approximately 1,000 feet South · of Main Street. ' Moved by Klingelhofer, seconded by Ring that Ordinance No. 391 have second reading by title only. Carried unanimously. Mgved by Ring, seconded by Klingelhofer that Ordinance No. 391, rezoning property of Borchard on Application No. ZC 68-166, be passed and adopted. Carried by roll call. AyeS: Mack, Klingelhofer, Coco, Ring. Noes: None. Absent: Miller. 2. ORDINANCE NO. 392 - First reading AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, REZONING PROPERTY OF G.L.A. DEVELOPMENT COMPANY ON APPLICATION NO. ZC 68-168. Property is a part Of 4.4 acres which fronts 239 feet on the North side of First Street, approximately 150 feet West of the center line of "B" Street. Moved by Klingelhofer, seconded by Coco that 9rdinance No. 392, approving ZC 68-168, have first readin~ by title only. Carried unanimously. VIII. NEW 1. RESOLUTION NO. 933 BUSINESS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CONSENTING TO THE DETACHMENT OF UNINHABITED TERRITORY FROM THE CITY OF TUSTIN FOR THE PURPOSE OF PERMITTING THE SAME TO BE ANNEXED TO THE CITY OF SANTA ANA UNDER THE NAME OF "PROPOSED SANTA CLARA AVENUE AND NEWPORT FREEWAY WEST ANNEXATION TO THE CITY OF SANTA ANA". Moved by Ring, seconded by Klingelhofer that Resolution No. 933 be read by title only. ~arried unanimously. ' ~oved by Ring, seconded by Klingelhofer that Resolution No. 93~, consenting to the detachment of uninhabited territory from the City of Tustln, be passed and adopted° Carried by roll call. byes: Mack, Klingelhofer, Coco, Ring. Noes: None° Absent: Miller. Council Minutes 4/1/68 Pg. 6 2. PARKS AND RECREATION COMMISSION RECOMMENDED RECREATION PROGRAM FOR SUMMER 1968 A discussion of the Parks and Recreation Commission recommendations was held, including the limiting of · the program to City residents except where it may' benefit the City to include County residents° CQuncilman Ring felt that if the program is limited to City residents and the program is no better than Summer 1967, that this should be the last year the program is offered. It is not. appropriate to spend $8,000 to do half of a job. Councilmen Coco and Ring felt that a lot more could be done to bring about a better recreation program through improved cooperation by all resgonsible parties and that it may only happen by greater public participation and interest. ~ouncilman Klingelhofer felt that the teenage dances would have to be open to anyone and details for these -dances should be worked out very carefully. MoVed by Coco, seconded by Ring that the City Council ~prove the Parks and Recreation Commission adopted Summer°Recreation Program for 1968. Carried. 3. AUTHORIZATION FOR PURCHASE OF TWO POLICE UNITS AND TRANSFER OF NECESSARY FUNDS FROM UNAPPROPRIATED RESERVE Councilman Coco stated that he would like to see all units budgeted rather than in unappropriated reserve. Mr. Gill explained that units are usually budgeted in July, but then have to wait until December for new models to become available, Ordering now will get the 1968 models rather than 1969 models. Units to be replaced now have over 100,000 miles on them and maintenance costs are excessive. Moved by Ring, seconded by Coco that the ~ity Council authorize the purchase of two police sedans in fiscal year 1967-68, and to transfer $5,500 from the Unappropriated Reserve to the Police Department Account 3484 to cover this acquisition. Carried. 4. RESOLUTION NO. 934 A RESOLUTION DECLARING THAT PROCEEDINGS HAVE BEEN INITIATED BY THE CITY COUNCIL OF THE CITY OF TUSTIN TO ANNEX TO SAID CITY CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN, AND DESIGNATED AS "PASADENA AVENUE AND MCFADDEN AVENUE ANNEXATION" TO THE CITY OF TUSTIN AND GIVING NOTICE OF THE PROPOSED ANNEXATION. Moved by Klingelhofer, seconded by Coco that Resolution No. 934 be read by title only. Carried unanimously. Council Minutes .4/1/68 Pg. 7 Moved by Coco, seconded by Ring that Resolution No. 934, declaring tha~ proceedings h~e been ~ed to annex certain uninhabited territory designated as "Pasadena Avenue and McFadden Avenue Annexation" to the City of Tustin, be passed and adopted. Carried by roll call.' Ayes: ~ack, Kl-ingelhofer, Coco, Ring. Noes: None Absent: Miller. - · 5. AWARD OF CONTRACT TO L.C. CONSTRUCTION COMPANY FOR IMPROVEMENTS OF "D" STREET FROM FIRST STREET TO LAGUNA ROAD. Moved by Ring, seconded by Coco that the contract ~or improving "D" Street from First Street'to Laguna Road be awarded to L.C. Construction Company in the amount o~' $6,868.00, and the Mayor and City Clerk authorized to execute the necessary documents. Carried. 6. APPROVAL OF DEMANDS Moved by Ring, seconded by Klingelhofer that demands be authorized paid in the amount of $94,018.0~.'7""' Carried. IX. OTHER CITY ADMINISTRATOR BUSINESS 1. Request for Park Equipment Mr. Gill recommended the transfer of $3,600 from ~he Street Department budget to the Parks Department for capital expenditures for necessary equipment due to the new 8 acre Centennial Park and landscaped street medians. Moved by Klingelhofer, seconded by Coco that the transfer of $3,600 be approved as recommended by the City Administrator. Carried. 2. Saddleback Motorcycle Park Mr. Gill reported that this park is outside the Tus'~ planning area and was granted through a County Use Variance. The area is completely fenced and located 1½ to 2 miles from the nearest hom~. There are no lighted siqns and no night use. Mr. Glll recommended that the Council take no further action on this matter. 3. Chamber of Commerce Legislative Committee Request for support in requesting that the Board of Supervisors evaluate the situation of the proposed Orange County Medical Center - University of California Irvine Medical School affiliation. Council Minutes 4/1/68 Pg. 8 Moved by Coco, seconded by Ring that the Council go on record in support of the Tustin Chamber of Commerce and request the Board of SuDervisors ford an ad hoc committee made up_.of members of the medical community and local Chambers of Commerce to evaluate. the situ_~ationo Carried. Councilman Ring excused from the meeting at 9:00 P.M. 4- Underground Utilities Committee Report Mr. Gill stated that recently this Committee was appoin~ to study and evaluate the new P.U.C, regulation relative to undergrounding of major distribution lines. Shortly an Ordinance will be presented to the Council to establish under- grounding procedures for event.ually-establishing districts and the Edison Company will be contributing some $13,800 a year of undergrounding within the City on arterial streets. 5. Orange County Mosquito Abatement Commission Request for Resolution declaring July 14th through 20th as California Mosquito Control Week. This matter deferred to the Council meeting of April'15th. 6. Acceptance of Deed to Centennial Park Moved bV Coco, seconded bY Klinqethofer that the deed to Tustin Centennial Park be accepte~ and ~ecorded. Carried. CITY ATTORNEY None X. INFORMATION Following correspondence and information received: AND CORRESPONDENCE 1. Proposed Assembly Bill 1126 Assemblyman Briggs 2. Resolution No. 1025 relative to Harbo~ District - City of Westminster 3. Petition from County Residents requesting City sponsored tennis lessons at Foothill High School. Mr. Gill explained that under the newly adopted policy, this is not possible. 4. City Personnel Activity Register 5. Commendation for Officer Bixler - Coordinating Council, Tustin Elementary School District 6. Minutes ~ March 14th Orange County Division of League of California Cities, Executive Board 7. 1969 U.S0 Handball Championship Tournament University of California, Irvine Council Minutes 4/1/68 Pg. 9 8. Correspondence relative to Allocation of Cigarette Tax Distribution - City of Baldwin Park. 9. Resolution supporting Saddleback College District Bond Issue - City of Laguna Beach 10.Resolution PC 68-71 of Anaheim Planning Commission relative to name change of Jefferson Street and Jefferson~Lynda Vista Street to Tustin Avenue. 11. .Request for City to Proclaim the month of April as "Civic Beauty Month" Orange County Memorial Garden Center. Council ordered said Proclamation. 12. Invitation to Orange County Press Club's Fifth Annual Headliners Dinner 13 .Invitation from Jewish Community Council At his request, C~man Coco was authorized to reply to this invitation. XI. OTHER CITY COUNCIL BUSINESS Mayor Mack made note of two commendations to the Police Department for excellent service rendered. PUBLIC Gene Yarnell of the Tustin News urged that the Council read article relative to rear entry for service stations. XII. ADJOURNMENT Moved by Coco, seconded by Klingelhofer that the meeting be adjourned. MAYOR CITY~LERK