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HomeMy WebLinkAboutCC MINUTES 1966 10 31 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL October 31, 1966 CALL TO Meeting called to order at 7:31 P.M. by Mayor Mack. ORDER II. PLEDGE OF Led by Mayor Mack. ALLEGIANCE III. ROLL Present: Councilmen: Mack, Klingelhofer, Coco, Miller, CALL Ring Absent: Councilmen: None Others Present: City Attorney James Rourke City Clerk Ruth Poe Planning Director James Supinger IV. APPROVAL Moved by Klingelhofer, seconded by Miller, that minutes OF MINUTES of October 3, 1966, meeting be approved as mailed. Carried. V. PUBLIC 1. PREZONE NO. 66-101 - FREDRICKS DEVELOPMENT CORP. HEARINGS TO CONSIDER PREZONING OF 4.71 ACRES FRONTING ON THE SOUTHEAST SIDE OF NEWPORT AVENUE, APPROXIMATELY 350' SOUTHWEST OF MITCHELL AVENUE TO R-3 ZONE EFFECTIVE ONLY IN THE EVENT SAID PROPERTY IS ANNEXED TO THE CITY OF TUSTIN. Hearing opened at 7:33 P.M. Mr. M. Douglas, representing Fredticks Development Corp. asked if the Council could decide this issue without Planning Commission recommendations and was told that they could. Mr. Douglas then spoke on the present economics of building multiple units and the fact that the low density-high rent units are the distressed areas. He assured the Council that Fredricks Develop- ment Corp. is prepared to produce the kind of product shown on the plans consisting of 117 units. There being no objections or further comments, the hearing was declared closed at 7:38 P.M. Upon questioning, Mr. Supinger informed the Council that the present zoning of this property includes about 25% of commercial zoning. Councilman Klingelhofer stated that it is not always the density that is of uppermost concern, but the quality of the development. Mr. Douglas presented plans and photos of development similar to that proposed for the property and described the quality features such as shake roofs, fluorescent kitchen lighting, built-ins, private plastered patios, nylon carpeting, natural ash cabinets, adequate recreation areas, etc. Mr. Supinger said that under present County zoning, the maxlmum number of units would be 54 and under City R-3 there could be a maximum of 164 units. Councilman Miller felt the Council should direct their attention to what is possible within the zone rather than a certain proposed plan. Council Minutes 10/31/66 Pg. 2 Mr. Rourke stated that an agreement to limit develop- ment could be entered into but there is a question as to whether it would be enforceable - there are no reported decisions. Councilman Miller stated that he is most interested in the effect this zoning would have on the General Plan. There have been many meetings and studies by both the City and the County and he feels that on the eve of its adoption, a substantial deviation could not help but have some effect on the validity of the Plan and that this prezoning is not in the best interest of the General Plan. Moved by Miller that this matter be referred back to the Ptannlng Commisslon as they wish to hear it at such time as the General Plan becomes effective. Motion died for lack of second. Councilman Klingelhofer stated that the General Plan has not been finalized as far as approval by the Council and is at most a guide line. Moved ~y Klingelhofer, seconded by Mack, that Prezone No. 66-101, Fredricks Development Corp., for approximately 4.71 acres fronting on southeast side of. Newport Avenue approximately 350' southwest of Mitchell Avenue, be approved for R-3 in event said property is annexed to th~ City and contingent upon agreement made with Fredricks Development Corp. and approved by the City Attorney for a development not to exceed 117 units. Councilman Coco concurred with the Planning Director that * density has become a standard and appreciated both Commissioner Sharp~s and Councilman Miller's gallant statements not to jeopardize the General Plan. Council- man Coco also stated that the General Plan is a guide although not a guide to be flaunted at will, but this application must be faced either now or in a matter of weeks. The Council has the opportunity to judge this case on its merits and sees no reason for postponement. Councilman Miller said a lot of ~rk had gone into the General Plan and this case is not compatible to principles they have been working on for so long. He felt this prezoning not in the best interest of the City and the effects would be felt far beyond th~s property and was disappointed in opinions voiced, and thought the City dedicated to a good Plan that the Council believed in. Mayor Mack felt consideration should be given to other property in this general area and the excess of commercial. Councilman Ring stated he was completely in accord with Councilman Miller. The area is sufficiently saturated with aparr~nents and this will be adding 117 units to the burden. If said property is developed in apartments, he would be in favor of R-4. Above motion no prezone propert~ carried bV Roll Call. Ayes: Mack, Klingelhofer, Coco. ~oes: Ring~ Miller. Absent: None. *Correction - ~o re~d: Maximum density. Council Minutes 10/31/66 Pg. 3 2. ORDINANCE NO. 324 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE ZONING ORDINANCE TO ADD ALLOWABLE USES TO THE PR ZONE. Hearing opened at 8:06 P.M. Recommendations from Planning Commission for adoption of this Ordinance were presented. There being no objections or comments, the hearing was closed at 8:08 P.M. Councilman Coco asked for clarification of the meaning of Item 19 - Contractor'~s Business Office - and ~tem 25 - Social Work - and felt they might not be specific as to what could be interpreted as falling into these categories o Mr. Supinger said that it was felt by the Commission that Contractor's Business Office was specific enough, and that Social Work provisions were included in v~ew of the location of the Orange County Family Service. Mr. Supinger also pointed out that this section of the Zoning Ordinance includes the wording "professional offices for", consequently there is no opportunity for homes or schools or anything of that nature. Councilman Miller stated the purpose of Pr Zone is to provide a buffer for Residential Zones which this revision would not provide. He agreed that these types are appropriate for the Fourth Street area, but thought there should be one zone for these uses and that the Pr Zone should be for lesser uses. On questioning by Councilman Ring, Mr. Supinger said that the Sign Ordinance for Pr Zone is very restrictive. Councilman Coco stated he was in agreement ~.~ith Councilman Miller, and in favor of a new zone in the * future. Moved by Coco, seconded by Ring, .that Ordinance No. 324, amending the Zoning Ordinance to add allowable uses to the Pr Zone, have first readin9 by title only. Carried unanimously. 3. BOYS ' CLUB LEASE TO CONSIDER A LONG TERM LEASE WITH THE BOYS' CLUB OF TUSTIN TO PERMIT THE CONSTRUCTION OF A BUILDING, SWIMMING POOL AND GYMNASIUM ON CITY-OWNED PROPERTY LOCATED AT TUSTIN AREA YOUTH CENTER. Hearing opened at 8:16 P.M. Mr. V. Jensen, Attorney, Santa Ana, and Secretary of the Boys' Club of Tustin, spoke explaining the organization of the Boys' Club and terms of the lease as presented. Correspondence from Mr. Harry A. Brand~ Jr., opposing this lease was read by the Clerk. * Correction - add: if the Pr zone should fail To provide this, buffer. Council Minutes 10/31/66 Pg. 4 Mr. A. Secrist, member of Boys' Club Board, stated that girls or non-members will not be excluded from use of the facilities. The only restriction is that girls may not be members or take any use away from members. There being no further comments or objections, the hearing was declared closed at 8:32 P.Mo Upon questioning by Councilman Miller, l~r. Jense~ explained that under the present Articles of Incorpor- ation, there are presently 21 members of the Board, elected for staggered terms of three years each. In the future as membership grows, this could be changed. A Board of 35 members is recommended for large estab- lished clubs. Mr. Rourke stated there were two changes in the lease requested by the Boys' Club and which met with his approval. Corrected paragraphs are as follows: Article III, Paragraph 4 to read: Lessee shall permit the use of the leased premises, in whole or ~n part, for civics educational and charitable purposes by other charitable, non-profit organizations which qualify for exemption pursuant to the Provisions of ~he Revenue and Taxation Code and are recognized in writing by Lessorr to the extent that such use is not incompatible with the use of the leased premises by Lessee° The determination of such incompatibility shall be made by reasonable exercise of discretion of the Board of Directors of the Boys' Club of Tustin. Article IV~ Paragraph 4 to read: On or before January 1, 1970, Lessee shall commence construction of said improvements, or of a part of said construction of a reasonable estimated construction cost of not less than one-half of the total estimated construction cost of said approved improvements. Lessee shall not authorize any variance from the plans and specifications approved by Lessor, without the prior written approval of Lessor, if any single variance would increase or decrease the cost of construction by more than $2,500.00, or if all variances authorized during the course of construction would increase or decrease the cost of construction by more than $10,000.00. Councilman Miller asked if there would be any objection to having the ArticleS\of Incorporation read that at least two members of the Board be Councilmen. ~. Rourke and Mr. Jensen concurred that this might affect the legality of the non-profit status, but perhaps could be written into the le~seo ?~r~ Jensen di~ not see the need of this requirement as written consent from the Council was required for most acts and that if this requirement would be for informational contact~ it coule be written in the lease that all minutes of the Board or Committees De submitted to the Council within ten days of any meeting. Council Minutes 10/31/66 Pg. 5 Councilman Ring and Mayor Mack felt ~here was no real value an the requirement of Council members on the Board. Councilman Coco was in sympathy with the need for informational flow and of receiving minutes as a courtesy measure. Moved by Ring, seconde~ b~ Klinq~lhofer, that the lease with the Boys' Club of .America be apDroved and the Mayor an~ City Clerk be authorized to execute th~s lease. Carried by Roll Call. Ayes: Mack, Klingelhofer, Coco, Miller, Ring. Noes: None. Absent: None. Moved by Ringr seconded by Klingelhofer, that above motion be corrected to re~d ':Bogs' Club of TustinI!. Carried unanimously. VI. OLD 1. ORDINANCE NO. 320 - Second reading and adoption BUSINESS AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA ADOPTING PREZONING OF TERRITORY KNOWN AS SEVENTEENTH AND HOLT ANNEXATION TO THE CITY OF TUSTIN. Moved b7 Klingelhofer, seconded by Ring, that Ordinance No. 320 have second reading by title only. Carried unanimously. Moved by Coco, seconded by Miller, that Ordinance No. 320, adopting prezoning of territory known as ~enth and Holz Annexation to the City of Tustin, be passed and adopted. Carried by Roll Call. Ayes: Mack~Klingelhofer, Coco, Miller, Ring. Noes: None. Absent: None. 2. ORDINANCE NO. 322 - Second reading and adoption AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE RELATIVE TO THE CITY ADMINISTRATOR PRO TEMPORE AND SURETY BOND. Moved by Klingelhofer, seconded by Ring, that Ordinance No. 322 have second reading by title only. Carried unanimously. Moved b~ Coco, seconded by Miller, that Ordinance No. 3'22, amending the Cit9 Code relative to the City 'Aml'~trator Pro tempore and surety bond, be passed and adopted. Carried by Roll Call. Ayes: Mack, klingelhofer, Coco, Miller, Ring. Noes: None. Absent: None. VII. NEW 1. RESOLUTION NO. 844 BUSINESS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN~ CALIFORNIA, APPROVING AGREEMENT FOR MAINTENANCE OF STATE HIGHSWAY IN THE CITY OF TUSTIN. Moved by Miller, seconded by Rin~, that Resolution NO. 844 be read by title only. Carried unanimously. Council Minutes 10/31/66 Pg. 6 Moved by Cocor seconded bV Ring, that Resolution No. 844, approving agreement for maintenance of State highway in the City of TuStin, be DasSed and ~. Carried by Roll Call~ Ayes: Mack, Klingelhofer, Coco, Miller~ Ring. Noes: None. Absent: None° 2. RESOLUTION NO. 845 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING AND SUBMITTING A BUDGET FOR EXPENDITURE OF STATE ALLOCATED (ENGINEERING) FUNDS. Moved by Coco, seconded bY Ring, that Resolution Noo 845 be read by title only. Carried unanimously. Moved by Ring, seconded by Klingelhofer, that Resolution No. 845, adopting and submitting a budget for the expenditure of State allocated (Engineering) funds, be passed and adoDted. Carried by Roll Call. Ayes: Mack, Klinge!hofer, Coco, Miller, Ring° Noes: None° Absent: None. 3. RESOLUTION NO. 846 A RESOLUTION OF THE CITY COUNCIL OF THE CITY TUSTIN, CALIFORNIA, ADOPTING AND SUBMITTING A BUDGET FOR EXPENDITURE OF FUNDS ALLOCATED FROM THE STATE HIGHWAY FUND TO CITIES. -- Moved by Ring, seconded by Klingethofer, that Resolution No. 846 be read by title only. Carried unanimously- Moved by Klingelhofer, seconded by Ring, that Resolution No. 846r adoptmug and submitting a budget for expenditure of funds allocated from the State Highway Fund to Cities, be passed and adopted. Carried by Roll Call. Ayes: Mackr Klingelhofer, Coco, Miller, Ring. Noes: None. Absent: None. 4. AGREEMENT - GAMLIN INDUSTRIES, INC., RECORD CONSULTANT Moved by Klingelhofer, seconded by Ring, that the City enter into agreement with Gamlin Industries, inc. and the Mayor and City Clerk be authorized to execute the necessary document. Carried. 5. RESOLUTION NO. 843 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING COUNCIL POLICY NO. 30-1, RELATIVE TO ADOPTION OF SERVICE STATION MINIMUM SITE DEVELOPMENT GUIDE. Moved by Coco, seconded by Ring, that Resolution No. 843 be read by title only. Carried unanimously. Moved by Ring, seconded by Coco, that ResGlution No. 843, adopting Council Policy No. 30-1 ~elative to adoption of Service Station Minimum Site Development Council Minutes 10/31/66 Pg. 7 Guide, be passed and adopted. Carried by Roll Call. Ayes: Mack, Klingelhofer, Coco, Miller, Ring. Noes: None. Absent: None. 6. ORDINANCE NO. 326 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, PROVIDING A PARKS AND RECREATION COMMISSION. Moved by Ring; seconded b7 Klinqelhofer, that Ordinance NO. 326, providing for a Parks and Recreation Commission h~rst reading by title only. Carried unanimously. 7. PLANTED CENTER MEDIANS - 4th ST. & 17th ST. Councilman Miller questioned the cost of planter boxes on Fourth Street and said at estimated cost of $1000, he ~-;ould like to see this money put into trees. Councilman Klingelhofer questioned the use of Olive trees in lieu of the Cape Chestnut and Coral as set forth in the Master Tree Plan or that consideration be given to Pine trees. Mr. Q. Fleming, Parks and Recreation Commission Chairman, stated that the Commission had followed Mr. Uematsu's plan down the line and had intended to continue to do so, but the City Administrator and Public Works Director had viewed the Olive trees planted at Mission Viejo and Leisure World and the Commission had gone to the Olive after reviewing the City Administrator's report. Moved by Ring, seconded by Coco, that the construction 0~'Fourth Street Center Divider with alternate of OliVe trees De authorife~ ~n an amount no~ to exceed $6,410 - $3,000 from budgeted f~nds available and remainder to be appropriated from the unappropriated reserve - and that the Public Work~ Director initiate the planting of the Seventeenth Street Center Divider at a cost not to exceed $3,500 as set forth in the 1966-67 Budget. Carried. Moved by Miller, seconded by Coco, that trees on Seventeenth Street be Coral. It was brought to the attention of the Council that Coral trees would be small and difficult to find. Motion failed. Councilmen Mack, Klingelhofer, Coco and Ring voting no. Moved by Coco, seconded by Ring, that large Olive trees similar to those on Fourth Street be planted on Seventeenth Street. Motion carried. Councilmen Mille~ and Klingelhofer voting no. 8. Approval of Demands It %'as directed that all Arrowhead Puritas Water dispensers be removed from City facilities. Council Minutes 10/31/66 Pg. 8 Councilman Ring asked that the total cost of tree maintenance from outside services be compiled for the next regular meeting. Moved in the amount of $65,197.58 be approvea and paid. Carried° VIII. REPORTS 1. Chamber of Commerce Payment AND OTHER BUSINESS Moved by Klincelhofer, seconded by Ring, that payment in the amount'of $647.48 be made to the Chamber of Commerce for Community Promotion activities. Carried, M~yor Mack voting no. 2. Flight Jacket Advertisement Moved by Klingelhofer, seconded by Ring, that recuest for advertisement in Marine Corps Birthday Edition Flight Jacket be referred to the Chamber of Co-.~unerce- Carried. IX CORRESPON- The following correspondence was received: DENCE James Rourke - Land Conservation Act of 1965 Civil Defense - Public Information Report Boys' Club of Tustin - Fall and Winter Schedule Orange County Press Club - ORCOP Award Dinner Tustin Planning Dept. - General Plan Hearing Notice X. ADJOURNMENT Meeting adjourned to a Personnel Session. Present: Klingelhofer, Coco, ~4iller; Ring, City Attorney and City ~lerk. Absent~ Moved by Ring, seconded b~ Miller, that the meeting be adjourned to November 7, 1966o Carried.