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HomeMy WebLinkAboutCC MINUTES 1968 03 18 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL March 18, 1968 CALL TO Meeting called to order at 7:30 P.M. by Mayor Mack. ORDER II. PLEDGE OF Led by Mayor Mack. ALLEGIANCE III. INVOCATION Given by the Reverend Charles HooVer, Congregational Church of the Foothills. IV. ROLL Present: Councilmen: Mack, Klingelhofer, Coco, Miller CALL Absent: Councilman: Ring Others Present: Harry E. Gill, City Administrator James G. Rourke, City Attorney Ruth C. Poe, City Clerk James L. Supinger, Planning Director APPROVAL Moved by Coco, seconded by Klingelhofer, that minutes of OF MINUTES ~rc~h_J! '13~8 meeting ~e approve~'d~"'~iled. Mayor Mack introduced Dave Hall and Chris Chapin, students from Tustin High School. Following agendaitems taken out of order: 1. APPROVAL OF FINAL MAP OF TRACT NO. 6537 - TUSTIN MEADOWS (Walnut and Browning) Moved by Klinge.lhofer, s~c0n_d~ed by Coco that the final map of Tract No. 6537'be approved, and the Mayor and City Clerk authorized to execute the necessa~ry documents. Carried. 2. NEW BUSINESS NO. 2 - PRESENTATION OF QUARTERLY BEAUTIFICATION AWARDS A) New Structure Category - Tustin Savings & Loan B) Existing Structure Category - Harold L. Adams for Tustin Hardware Awards presented by Mayor Mack forthe City and the Chamber of Commerce. VI. PUBLIC 1. ZC 68-167 OF CHRISTESON DEVELOPMENT COMPANY HEARINGS 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. Hearing opened at 7:37 P.M. Mr. Suping~r described the property and zoning of surrounding area. Council Minutes 3/18/68 Pg. 2 Mro Don Christeson, President of Christeson Development Co0 of 1441 East 17th Street, Santa Ana, spoke on behalf of this zone change application --~ and appealed to the Council to consider the application for R-3 as originally requested. He stated that the R-3-1750 as recommended'by the Planning Commission would be a loss of $29,160.00 per annum, and that the 136 units proposed for this development is some three units per acre less than could be on the property if '- zoned R-3. Mr. George Argyros of 415 W. Fourth Street, owner of the property directly across the street from the property under discussion (Newport Plaza Shopping Center) stated that the Council is aware of the problem in that area and that they desperately need more people.. Mr. Argyros stated that he is strongly in favor Of this development. There being no objections and no further comments, the hearing was declared clesed at 7:46 P.M. In answer to questioning, Mr. Suplnge~ stated that the vote of the Plan~ing Commission was 4 to 3 in favor of the compromise R-3 zoning, but he could not say whether the 3 Commissioners voting.aga'inst this zoning were for more or less density. The density under the General Plan would be 14 units per acre° Councilman Coco stated that upon checking the Commission minutes, he found that 4 Commissioners were in favor of R-3-t750 and the 3 who voted no felt that the density was too great° He could find no evidence of any Commissioner being for the original application. A discussion by the Council followed in which the following points were brought out: The General Plan would have to be amended even with the R-3-1750 zoning. The General Plan was the result of a long process of meetings and study by the City, County and interested citizens and groups. Although it was never meant to be inflexible or unchangeable, it was considered to be a plan that could be lived with. It is a Valuable document and should not be.taken lightly. How could the City approve this when they had recently taken a stand against similar rezoning in the County. Traffic and safety aspects shoula be considered. The Cou~c~ should be considering the total undeveloped lahd in the South Tustin Area. What precedent will be set by the approval of this zone change. Council Minutes 3/18/68 Pg. 3 Economics of low density vers~s high density and the population expansion which would be brought about and the affect on the school districts. It was agreed by the Council that this is a problem area and that the Council realizes the .economic problems in todays' market. A study has been instigated, but a specific time limit as to when this study would be completed could not be given. Moved by Miller, seconded by Klingelhofer that this ~pplication be denied. Mr. Christeson said that he would settle for the compromise zoning of R-3-1750 as opposed to the R-4 zone that is shown in the General Plan. As a substitute motion, it was moved by Coco, seconded ~y Mac~.' that the recommendations' of the Tustin Planning Commission of compromise zoning of R-3-1750 be approved. After further discussion by the Council, the question was called for on the substitute motion. Roll Call. ~yes: Coco, Mack. Noes: Klingelho~er, Miller. Absent: Ring. Due to the tie vote, the following roll call vote was taken on the o~iginal motion. Ayes: Klingelhofer, Miller. Noes: Mack, Coco. Absent: Ring. City Attorney Rourke stated that a tie vote on the above motions left the applicant with no further zoning and the property remaining COmmercial as zoned. Moved by Coco, seconded by Miller that ,the subject property be rezoned from its commercial zoning to the R-4 zoning consistent with the General Plan. Roll Call. Ayes: Coco, Miller. Noes: Mack, Klingelhofer. Absent: Ring. Moved b~ Coco, seconded by K!ingelhofer that this matter be continued to the next regularly scheduled meeting in the hopes that a full Council may be present at that time. Carried by roll call. Ayes: Mack, Klingelhofer, Coco, Miller. Noes: None. Absent: Ring. It was agreed that with further study and information from the staff, a workshop to consider the entire South Tustin Area should be held with the Council, Planning Commission, Representatives of the School Districts, City staff and interested property owners in the area. A workshop session was scheduled for Saturday morning, March 30th. The exact time and place to be scheduled by Mr. Gill, and all interested parties to be contacted. Council Minutes 3/18/68 Pg. 4 2. ZC 68-168 OF G.L.A. DEVELOPMENT COMPANY TO REZONE A 3.3 ACRE PARCEL FROM R-1 (SINGLE FAMILY RESIDENTIAL) DISTRICT TO R-3 (MULTIPLE RESIDENTIAL) DISTRICT. S~bject parcel is a part of a 4.4 acre parcel which fronts 239 feet on the North side of First Street, approximately 150 feet West of the centerline of "B" Street. Hearing opened at 8:50. P.M. Location and surrounding zoning described by Mr. Supinger. Mr. Ken Nelson of 415 West Fourth Street, one of the ~urchasers of the property, spoke stating that they were in complete agreement with the staff report and asked that the Council uphold the decision of the Planning Commission for approval of this application. Mr. Jerome Kidd, 12~ North "B" Street, stated that he had talked to Mr. Nelson and to some of his neighbors, and would be infavor of passing this zone change. There being no further comments and no objections, the hearing was declared closed at 8:55 P.M. In answer to questioning by Councilman Miller, Mr. SUpinger stated that the development would be required to install a 6'8" solid wall wherever the R-3 abuts the R-1 district. There have been no restrictions placed on lighting as it has not been a problem in this area. As to noise, developers are encouraged to locate their high activity area. toward the center of the complex. ~ouncilman Miller stated that the Council is aware of the problems in this area due to the noise from the trucking company, and would hope that whatever is done, they will be very kind and considerate to the interest of the people on "A" and "B" Streets. George Argyros pointed out the intent of the develop- ~ent, stating that it is their intent to enter off of First Street and have an interior private street completely around the property. They have discussed two story development with the neighbors and found no objections. Moved by Miller, seconded by Klingelhofer that this ~one change be granted and the City Attorney directed ~o'draft the necessary ordinance~ Carried by roll Cal~j Ayes: Mack, Klingelhofer, Coco, Miller. Noes: None. Absent: Ring. Council Minutes 3/18/68 Pg. 5 VII. OLD 1. ORDINANCE NO. 391 - First reading 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, approximatel!~ 1,000 feet South of Main Street° Moved by Klingelhofer, seconded by Coco that Ordinance No. 391 have first reading by title only.. ea'rried unanimously. VIII. NEW 1.RESOLUTION NO. 932 BUSINESS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON THE 9TH DAY OF APRIL, 1968 TO BE MADE BY THE CITY CLERK OF THE CITY OF TUSTIN. Moved by Klingelhofer, seconded by Coco that Resolution No. 932 be read by title only.. Carried unanimously. Moved by Coco, seconded by Miller that Resolution No. 932, ordefin9 that the canvass of the General Municipal Election be made by the City Clerk, be passed and adopted. Carried by roll call. Ayes~ Mack, Klin'gelhof~'r, Coco, Miller. Noes: None. Absent: Ring. 2. PRESENTATION OF QUARTERLY BEAUTIFICATION AWARDS - Awards presented earlier inthe meeting. 3. APPROVAL OF DEMANDS Moved by Ktingelhofer, seconded by Coco that demands be paid in the amount of $31,333.14. Carried. IX. OTHER CITY ADMINISTRATOR BUSINESS 1. POPULATION ESTIMATE Mr. Gill requested a minute .order auth6rizing the execution of an agreement with the State Department Of Finance authorizing a population estimate to be certified April 1, 19680 Moved by Miller, seconded by Coco that the Mayor and City Clerk be authorized-to execute the agreement .. With the State Department of Finance for a population estimate. Carried ~ Council Minutes 3/18/68 Pg. 6 2. LEAGUE OF CALIFORNIA CITIES REQUEST THAT ONE COUNCILMAN BE APPOINTED TO REPRESENT THE COUNCIL ON NEW BILLS BEFORE THE LEGISLATURE. Mr. Gill explained that the League has requested ~hat the Council appoint one of their members to act as legislative representative of the City to be in liason with the Leagu? in legislative matters going to the State. This would permit any last minute action that may have to be taken and is of interest to the City. They would be spokesman for the City over and above the City Manager. Councilman Coco stated that in the past the Council has been polled by telephone on several issues and this has seemed to be effective, and could see no reason why it could not continue that way. Councilman Klingelhofer suqgest~d that this be called a li~son and it would be his responsibility then to poll the Council on something that was of importance. ~r. Gill explained that the same material that this perso~ receives is also being received in his office and it is duplicated and sent to each Councilman. Councilman Coco stated that he had no objections to ~pointing one Councilman to be on a direct mailing list and receiving all communications, but to speak for the City was another matter. He stated that the City staff, either the Administrator or the Clerk, has been effective in the past in taking telephone polls of the Council. This should certainly suffice for items of this nature. Councilman Miller felt that this idea has merit as things do come up very unexpectedly and.he would be happy to have Councilman Klingelhofer as representative as long as every attempt is made to poll the Council. Councilman Coco suggested that the Mayor appoint Councilman Klingelhofer as the Council representative to receive direct bulletins from the League office with the responsibility to make every effort to poll the Council on any matter on which he is asked t6 comment. So ordered by Mayor Mack. 3. PARKING RESTRICTIONS ON TUSTIN VILLAGE WAY Mr. Gill explained that there has been quite a bit of interest from various ownerships on Tustin Village Way as well as residents and the State Division of Highways. It is his feeling that this is a matter that could possibly receive some open discussion. Some work has been done in the way of restricting parking on Tustin Village Way and i-n some instances has satisfied some of the property owners, and in some it has not. There is before the City a reguest from the State Division of Highways to adopt a resolution of restriction of parking on everything South of the on-and-off ramp. Council Minutes 3/18/68 Pg. 7 Councilman Miller felt that the question would have to be decided on safety and he did not feel the staff report as written took any position as to which would be the safer way to go. Mayor Mack stated that the State had made a request and if we are considering this on a safety basi~, as a member of the National Safety Council, the City can ask for assistance in determining some sa.fety rules in this respect. In answer to questioning by Councilman Klingelhofer, Mr. Gill stated that there are two different areas involved. One North of the on-and-off ramp, and one South of the ramp. The street was constructed by the State and access is restricted on that street by the State south of the ramp° The State has requested that the City red curb everything South of the ramp due to what they anticipate to be more and more a traffic problem on that frontage roadJ Mr. Gill said that he did not have the answer as to whether the State would paint the curbs even if the City did not pass a resolution. The City is looking for some aid from the State in providing access to property to be developed as a restaurant. It is conceivable that if parking is not restricted, the State would then not allow access. North of the ramp is within the City jurisdiction. Due to the amount of interest . generated in this matter, the Council may want to hold a hearing on it. After further discussion, it was moved by Klinaelhofer, seconded by Coco that this matter be scheduled for hearing at the next scheduled meeting for discussion and decision° Mr. Gill suggested that everyone on Tustin Village Way be notified. There have been ownerships that have expressed some concern as to what the City is going to allow and not allow, so it may be that if the Council is going to hear this at some formal open discussion, all the ownerships and interested parties on the entire street should be notified. Above motion carried. Councilman Miller stated that he would like to see that the Council gets whatever determination they can from the Safety Council'on this matter which he considers to be the thing that really counts~ So ordered by Mayor Mack- CITY ATTORNEY none Council Minutes 3/18/68 Pg. 8 CORRESPONDENCE The following correspondence and information AND received: INFORMATION 1.Finance Report - Tustin Centennial Ball Committee 2. Legislative Procedure - Harry Gill Sacramento Conference - Intergovernmental Council on Urban Growth - j. Williams 4. Letter of Protest from six "B" Street residents regarding condition of "B" Street during Little League season° Councilman Miller felt, as representatives of the City, that the Council should do everything possible to be helpful in this,.and that a letter should be directed to the School Board, with copies to those residents who signed the letter, saying that this letter has been received and that the people are not objecting to Little League ball but would like some re-arrangement of facilities to make it a more pleasant place to live and that the Council would appreciate their consideration in this matter. Councilman Klingelhofer stated that he sympathized With these people and knew it is a real problem - not only the debris, but the cars that are parked illegally. He stated that some time ago the City approached the School Board on this parcel hoping that the City could assume some responsibility and financial role in helping to improve this area for a park, but were unsuccessful. Perhaps even the pressure that the School Board could place upon the National Little League would get things done. The children should be expected to fulfill a responsibility in this respect as it i~ a privilege to play there. Mayor Mack directed that the above mentioned letter be sent. 5. Request from Orange County Fairgrounds for the City to participate in the coming County Fair. Mr. Gill stated that he had no information on cost to participate. A copy of this letter had been forwarded to the Chamber of CoF~erce, and itscould be something that would be of interest to the Centennial Committee. ~erhaps some kind of a proposal could be worked out by the Centennial Committee and considered at that time. XI. OTHER PUBLIC BUSINESS Gene Yarnell stated that there'is a situation developing up in the foothills that he was sure all of the Council was aware of in regard to'the large motorcycle track on Irvine Company land. fie stated that there were over 50 people present at the County Planning Commission meeting last week and a petition signed with over 1,000 names, all protesting this. He said that he had been asked to bring this to the attention of the Council because there is'a strong possibility that now or in the future, this is going to directly affect traffic in Tustino Council Minutes 3/18/68 Pg. 9 Mayor Mack thanked Mr. Yarnell, and asked that the staff find out more about this matter from the County Pl.anning Department. COUNCIL 1." Legislative Bulletin AB-310 Councilman Coco questioned Assembly Bill 310~ introduced by Fento. n, which requires election to fill a vacancy in any elective city office rather than permitting the Council to appoint a person to fill the vacancy. Councilman Miller and Councilman Coco both stated that instead of the holding or an expensive election to fill a vacancy of an elected official, that he not be allowed to use the term "incumbent" on the ballot unless he has held the office for a certain length of time, perhaps six to twelve months. Moved by Miller~ seconded by Coco that the.Council d~rect a letter to Assemblyman Fenton and his sub-committee stating this Council's bosition and that we recommend that an elected official must hold office for twelve months before he ~ay run as an incumbent. Carried. Councilman Klingelhofer asked that the above letter also be sent to Senator Schmitz. SB-156 Councilman Coco stated that this bill provides that candidates for city or district elections may withdraw their statement of qualification until 5 P.M. of the working day after the close of the nomination period, rather than until three calendar days after the close of the nomination period. Councilman Coco suggested ~hat t~e City communicate with Senator Schmitz and suggest that it be a couple of working days rather than one working day. So ordered. XII. ADJOURNMENT There being no further business before the Councilw Mayor Mack declared the meeting adjou~ne~ to a personnel session-