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HomeMy WebLinkAboutCC MINUTES 1965 01 18 3 59 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL January 18, 1965 Meeting called to order at Vr38 P.M. by Mayor Mack. Pledge of Allegiance. Present: Mack, Klin~elhofer, Coco, Miller, Ring. City Attorney Rourke, present. Moved by Klingelhofer, seconded by Coco that Minutes of January 4th meeting be approved as mailed and corrected. Carried. Hearing opened aT ~:40 P.M. to consider the abandonment ABANDONMENT of Second Street from Pasadena to Newport Freeway. SECOND ST. Location and portion of street to be vacated LOCATION explained by Mr. Wheelock with written report and EXPLAINED recommendation. There being no objections or comments, the Hearing was declared closed at 7:42 P.M. Moved by Coco, seconded by Ring that Resolutkon 7~2 RESOL. 762 "A Resolution and Order of Abandonment of a Portion of READ BY a Public S~reet, To-Wit, Second Street, from Pasadena TITLE ONLY Avenue ~o the Newport Freeway"_, be read by title only. Carried unanimously. MOved by Ring, seconded by Klingelhofer that RESOL. 762 Resolution 762 be passed and adopted. Carried PASSED AND by roll call: ~yes: Mack, Klingelhofer, Coco, Miller, ADOPTED Ring. Noesr None. Absent: None. Hearing opened at ?:44 P.M. to consider Appeal of UP 64-182 decision of Tustin Planning 'Commission appr~oving RALPHS INDUSI UP 64-182 of Rslphs Industries~. History of Zone Change, Use Permit requirements under Amendment to Zone Ordinance and Hearing and approval by the Tustin Planning Commission explained by Mr. Hsworth who also read following reasons filed for A~peal by Mr. A. Theurich~ 1. The plans as submitted include a 43' sigm on l?th Street. 2. The plans as submitted do not include architectural elevations or bill offmaterials, for exteriors and roof. 3. Lack of adequate screening of buildings by trees on lVth Street. Plot ptan presented by Mr. Haworth with explanation of changes from original plans including 6' wall and lO' setback on Easterly side of development, changes to Spanish style of architecture and 362 off-street parking spaces. Also presented were .the following: 1. Landscaping plans showing approximately 30 trees in parkway area, landscaped ends to p~rk-ing isles and plantinge for sound barrier adjoining R-3 property tothe Nor~h.~ 2. Sign plan showing main sign to 35' and supporting columns extending to 40'~6". 3.Elevation Plans with specific building materials to be used. 4. Plans for sprinkler system to maintain landscaping. Mr. A Thourich of 17882 Arbolada Way, stating he represented TAHOA stated that a sign advertising weekly .~. specials was out of keeping with the area, that landscaping is inadequate, trees shown are of the wrong variety and he would recommend the planting of full.grown mate olive trees; 40' sign is not indicative of quality;Ifelt that Ralphs had made no effort to ~ork with or contact.. area homeo~rners. He felt that Ralphs could forego many of their requirements as they now seemedto be able to live without the gas' station originally planned and the Pr zone to the East, 'Mr. C. Arthur Nisson, attorney representing Ralphs Industries stated that they had in the pas~ year talked with TAHOA and been before both the Planning COmmission and City Council many times and that Ralphs have proposed the outstanding market in the County - construction costs far exceeding other markets in the District. Mr. Nisson noted that a duly noticed Hearing had been held on this UP before the Planning Commission, in December. At that time, not one person from TAHOA~ or the area was present and doubted if there had been a meeting of TAHOA~in over six months. He felt that:much is being made as to the sign, lsndscapingl and other points and that a person trying to develop in the City should be able to use some:of this Own JUdgment; all plant can't be laid out for him as tokind, quality, and size downto the last tree. Mr. Nisson stated he felt this had no place before the Council. Mr.~ Nisson then read and filed with the Clerk, five letters regarding need for sign. Mr. T.F. Hinds, Director of Real Estate, Ralphs InduStries stated that in answer to Mr. Theurich's statement, Ralphs still felt they could not live without a service station and still intend to h~veonein the future. And, that!the statement regarding the need for Pr fzone was not trU!e. Ralphs had stated that this portion of the property ~ould be under! separate ownership and had at that time with- drawn that portion of the Zone Change application and ha~ said they needed the additional 65' which they received.~ Ralphsattempted to give alleffort to carry out anything they said they would do.. There being no further comments Or objections, the ~ Hearing was declaredlclosed at 8z:17 P.M. In answer to a c~uestion bY Councilman Coco, Mr. Hinds said that the plan was to start development with the! market and the area of other building sites would be fine graded and they believe other buildings would follow market to completion insix months,~ No commitments for stores haveas! yet been sOlicited~ Councilman Miller lsaid he felt it would be better tohave a nattower side~walkon 17th Street tO allow for wider planting strip. Mr. Wheelock explained reasons for 4' sidewalk and stated Standards have been adopted showkng curb, gutter and walkS. City Attorney Rourke confirmed that any deviation from the Standards would have bo be by amendments to Ordinance., Councilman Miller stated that it should be noted that the Council has been considering a landscaped divider down 17th Street to help beautify the area and in his opinion a 35' sign is not compatible. He was pleased to see Architectural Plans of the buildings but .questioned elevation facing R-1 and Easterly being just painted concrete. Mayor pro tem Klingelhofer stated that the Council should recognize the following: 1. Planning Commission had given approval. 2. Staff recommended approval. 3. ~he City is anxious ~o realize revenue. 4. No City residents are present protesting. 5. No protests at CommiSsion Hearing and fe~l the Appeal a bit la~e and reflects the fact that a few do not like the center. Moved by Klingelhofer, that Appeal ~o decision of UP64-182 Plarn~ing Commission granting UP64-182 be denied. Motion died for lack of second. Councilman Coco thought motion premature and there maybe Justification on both sides. The City is most anxious for tha center ~o thrive, and though realizes a sign is necessary to draw Transient trade wonders, if local residents trade wouldn't far exceed transient trade. He would hate to see potential boycott from area people. If Ralphs have concluded sign would drs~ enough people to warrant, the question is, will enough people be drawn by sign to counteract resentmen~ of area. More consideration should be given to dissenting froup and their suggestions should be considered although some seem to have been taken care of. Mayor Mack reiterated that we are acting on the three specific written issues se~ ~orth in the Appeal. There will be t'~ee wells and trees in parkway on 17th Street to add to screening. You can't expect to make it look like the house nex~ door, nor can you hide commercial development the plans must also provide for safety features. The sign itself seems to be a matter of opinion. Councilman Ring spoke as a person against pylon signs of. any type. In his opinion, they are not attractive but he felt Rslphs is outstanding in design. Mr. Ring also stated that none of the TUstin cit'izens have protested including City Officials living in the area. Tustin will use this land as s buffer against any further commercial as we do not want ~o destroy suburban effect. We are considering primarily the people of Tustin as well as area residents. We have personal and professional feelings and must look aT th~s objectively. Dr. Klingelhofer said sign would no~ s~tract him one way or another but felt there is not enough basis to have slgn denied. On questioning, Mr. Hinds stated that Ralphs would desire tokeep sign st 35' (top of oval) and omit top members. Mr. Miller stated that in all conscience, it is the duty of the Council ~o look out for the best interest Of Tustin and it is in our interest ~o~hsve Rslphs, but sign willno~ look quite as good when buil~ ss it does on rendering and Ralphs has no~ stated why they feel their development will not be as successful as developments In the County without signs. 36' Moved by Miller, seconded by Coco (for purpose of ~ discussion) that UP for Rslphs granted by Planning Commission be modified by the following: sign located o~ 17th Street and per~endiculsr to be limited to 12' with no reader board and exterior walls facing N6rtherly and Westerly be faced with same masonry material as indicated on South elevation. Mr. Coco agreed with spirit of motion, but felt it might be too restrictive. Moved by Coco, seconded by Miller (for purpose of dis6ussion) that motion be ame~d.e~to change height from 12' to 20' and eliminate category requiring wall facings. Amendmen~ ~to motion failed roll call: Ayes: Coco. Noes: Ring, Klingelhofer, Miller, Mack. Original motion for 12, sign, no reader board and wal-1 facing requiremenzs faLled. Roll call Ayes: Miller. Noes: Ring, Klingel-hofer, Coco, Mack. Motion by Miller that Use Permit 64-182 be granted subject to condition that sign located perpendicular to 17th Street be 20' in height ~ith no reader board and exterior walls on West and North be faced with same material as on Southerly elevation. Motion died for lack of second. Moved by Coco, seconded~bY Miller that UP as granted be appro~ed subject to following sign as shown be limited to maximum height of 20' otherwise ~o be exactly as shown. Moved by Miller, seconded by Ring that motion be amended to eliminate reader board. City attorney informed Council that sign must have 10' of clearance above ground., Above motion and amendment ruled out of order. Moved by Coco that UP as approved by Planning Commission beapproved with following exception sign as shown ~n rendering be limited to height of 20' and necessary steps to be taken t'o conform with sign ordinance of the City of Tustin. Motion died for lack of second. Moved by Klingelhofer, seconded By Ring that UP64-182 as presented be approved with following modifications sign to be no higher than 20' and not to contain reader board. Carried by roll call - Ayes: Ring, Klingelhofer, Coco, Miller. Noes: Mack. Mayor declared recess at 9:21 P.M. Meeting reconvened a~ 9:33 P.M. ZC64-140 Hearing opened at 9:35 P.M. on ZC6~-i~0 of Tustin TUSTIN Elemenzary School District to permit a charge-of zone ELEM SCHOOL from E-4 to Pr on N/W corner Fourth and "B" Stree~ and DIST. S/W corner Of Fourth and "B" Street extension. Location described and recommendations of Planning Commission md Staff presented by Mr. Taylor. There being no commentsor objections, the hearing was declared closed at 9:37 P.M. Moved by Miller, seconded by Coco that attorney be directed to draft an ordinance approving zone change ZONE CHANGE application 64-140 rezoning property on N/W and S/W 64-140 corners of Fourth and "B" Streets to Pr zone with recommendations as set forth by Planning Commission and Staff. Carried unanimously. Moved by Ring, seconded by Miller that Ordinance 0RD 270 270, app~oving the Annexation ~f c~tain uninhabited BRYAN-NEWPORT territory, designated "Bryan-Newport Annexation" ANNEX. to the City of Tustin, be read by title only. Carried unanimously. 0RD. 270 Moved hy Ring, seconded byeMiller that Ordinance 270 PASSED AND be pas~ed and adopted. Carried by roll call - Ayes: ADOPTED Mack, Klingelhofer, Coco, Miller, Ring. Noes: None. Absent:~ None. Moved by Klingelhofer, seconded by Ring that Ordinance 0RD. 271 271, amending Section 5.11 of the Zoning Ordinance of AMENDING the City, Ordinance No. 157, as amended, be read by ZONING ORD. title only. Carried unanimously. 157 Moved by Klingelhofer, secondedby Miller that ORD. 271 Ordinance 271 be passed and adopted. Carried by roll PASSED AND call: Ayes: Mack, Klingelhofer, Coco, Miller, Ring. ADOPTED Noes: None. Absent: None. Moved by Coco, seconded by Ring that Ordinance 273, ORD. 273 adopting the precise alignment of "B" Street have f'lrst ALIGNMENT reading by title only. Carried. unanimously. "B" STREET Report from P. W. Director regarding bids for Improvements BIDS FOR of Prospect Ave. presented with recommendation that IMPROV. OF project be re-advertised for bid due to recent PROSPECT developments calling for a change in specifications. RE-ADVERTISH Moved by Ring, seconded by Miller ths~ all bids for the improvement of Prospect Ave. be rejected and bidder bonds be returned. Carried. Mr. Wheelock directed ~o report to Council estimate of costs for revised Prospect Ave. Project. Moved by Klingelhofer, seconded by Miller that Tustin TUSTIN FIRE Fire Department Rules and Regulations tabled at DEPT. RULES previous meeting be taken from the table for discussion. AND REGULAT. Carried. Moved by Klingelhofer, seconded by Ring that Tustin Fire Department Rules and Regulations be approved in principal and as a policy. Carried. / Report regarding Packing House at Newport and San Jusn PACKING HOUSE presented. Mr. Rourke stated that action on this item NEWPORT and had been deferred from last meeting in order that notice SAN JUAN could be given SB RR. As no railroad representative is present, he requested action be taken at this time. Mr. Rourke also stated that any work done on Packing House would have to be in conformity with all other laws. RR to Moved by Coco, seconded by Ring that Southern Pacific remove RR be directed to remove portion of building located portion of in Newport Avenue right of way at13801 Newport Ave~e building Tustin, not later thanJuly~,~1965. Carried. POLICY Policy regarding gifts to City employees and appointed REGARDING officials referred to the City Attorney to be drafted GIFTS TO in form to amend Resolution 754 regarding personnel EMPLOYEES rules. Consideration of Building ~epsrtment Policy Manual ~ deferred to next meeting. _, Mr. q. Fleming, Chairman of Parks and Recreation Commission, spoke regarding proposed residential tree list, proposed ordinance making trees manadatory in new developments, and proposed resolution adopting a Master Tree Plan for the City. Moved~by Coco, seconded by Miller that Residential Tree List as presented by the Parks and Recreation Commission be adopted. Carried. TRACT 5311 Moved by Klingelhofer, seconded by.Coco that Improvements of Tract 5311 be accepted and the bonds exonerated except the street lighting system. Carried. RECOMM. Following recommendations 0f General Plan Committee GEN. PLAN regarding Phase II of plan presented: COMMITTEE 1. That the report to the General Plan Committee on Phase II of the General Plan Program, with corrections, be presented to the City Council for favorable consideration of authorization of expenditures not to exceed $2,730.00. ~'~ Further, that the City Council review at least three bids on the purchase of aerial photographs and that the City Council select the lowest qualified bid. 2' That Mr. Adsit be retained ssConsultant for Phase II, as the Committee was very pleased with the~work he has done with the General Plan Committee in the past year. 3. That the Planning area be increased to include all of~thst area within the Tust~n Elementary School boundaries not previously a par~ of the original planning area. Moved by Coco, seconded by Ring that recommendations l, 2, and 3 of the General Plan Committee as set forth in report of January 15th be accepted in their entirety. Carried. RESOL. 765 MOved by Coco, seconded by Klingelhofer that Resolution Richard 765, declaring that proceedings have been initiated to Smith annex certain uninhabited territory desiEnated ANNEX. Richard B.'Smith Annexation to the City of Tustin and giving notice of the proposed annexation, be read by ~' title only. ~ RESOL. 765 Moved byKlingelhofer, seconded by Coco that Resolution. PASSED 765 be passed and adopted. Carried by roll call - ADOPTED Ayes: Mack, Klingelhofer, Coco, Miller, Ring. Noes: None. Absent: NOne. 365 Movedby Coco, seconded by Miller that Resolution ?66 RESOL. 766 approving plans and specifications for improvement of IMPROV. Main Street between Newport and Bryan Ayes. and. MAIN STREET authorizing the CiTy Clerk to advertise for bids, be read~by title only. Carried unanimously. Moved by Klingelhofer, seconded by Ring that Resolution RESOL. 766 766 be passed and adopted. Carried by roll call PASSED --- Ayes: Mack, Klingelhofer, Coco, Miller, Ring. Noes: ADOPTED None...Absent: None. Moved by Klingelhofer, seconded by Ring that Mr. ROBERT Robert.Womack be placed on Volunteer Fire Department WOMACK roster,as recommended by Chief HilTon. Carried. VOL. FIRE DEP' Council set Saturday, January 30th for Building DepT. Seminar. Report and recommendations regarding purchase of PURCHASE OF ~ Street Sweeper presented. STREET ~' Moved by Coco, seconded by Ring that purchase of r~ SWEEPER ~ Mobile Sweeper be authorized. Carried. Mr. Hawor~h recommended that all councilmen attend General Plan Presentation Wednesday P.M. Moved by Ring, seconded byKlingelhofer that reques~ of Parks end Recreation CommissiOn for legal assistance from City Attorney be approved, Oarried. Moved, by Ring, seconded by Klingelhofer ths~ bills to the amount.of $10,922.92 be paid. Carried Betty J. ArmsTrong ................ The Tustin News ................. $ 207.50 ................................... 120.74 Kleen-Line Corporation ............................ 19.36 First Western Bank (Utilities) ..................... Pitney-Bowes, Inc .................................. 678.13 Los Angeles Times . ................................ 69.16 Santa Arts Office Su~ly Co.i ....... i ............... 99.54 Coast EnVelope Co .................................. 25.08- aa.51 B Tiernan's Office Equipment ........................ 80.79 I Thermo-Fax Sales Incorporated ..................... 55.34 L Dennis Printers & Stationers ....................... 129.20 L Business Forms Press Inc ........................... Rourke & Holbrook 55.12 S ................................. 615.00 Hanson , pete~son, Cowlea & Sylvester ............. 360.00 Arrowhead and Purltus Waters IHc ................... 8.76 Orange County Insurance Agency ..................... 18.00 Atlas Coverall & Uniform Supply C0. 9.00 Tus~in PRint Store ................ Tustin Water Works 2:22222:22::: ................... 290.44 .................... 1,044.00 Calif. Fire Chief's Association ................... 8.00 Drewes Union Service ............................... 44.69 Harris & Frank ................ ..................... 38-43 IndusTrial Fire Equipment Co ....................... Signs~ Oil Co 7.4~ Gerding Studio Phozogrsphy ......................... 493.50 CSunty of Orange ................................... 22.50 Dr. Kenneth G. Hebsrd, M.D. I3.52 V.B. Anderson Co. ' ....................... 10.00 Econolite ........ ' ................................. 2.86 .................................. 24.11 Traffic Signal Maint. Co ........................... 152.12 366 Santa Ana Blue Print Co.- .................. $ 5.41 Tustin Blscksmith~ShoP .......... ~ .......... 222.08. 18.11 Orange Co. Auto Parts ..................... 23-63 Orange Co. Blueprin~ ...................... J. Wylie Carlyle, County Recorder ..... ~ .... 17-50~ ....... 140.00 Orange County Title Co .............. 255.53 Morrison Co. - ............................. 24.75 Reproduction .............................. 241.75 Hardy & Harper ............................ 17.40 E.D. Bullard Co. - ......................... 120.00 J.E. Bauer Co. - ................... 7.82 Vista Drug .................................. Southern Calif. P~anning Congress ......... 25.00 Sterling Art & Engineering Supplies ....... 33-38 Cape Aire Builders, Inc. - ................. 1,696.60 Motorola C.& E., Inc. - .................... 3°029'04 Buel A. Williamson (Auto Allow.) ........... 50.00 Economy Office Equipment Co. - ............. 248.05 Open portion of meeting closed for a personnel session. Recommendations for employment of Assistant Civil Engineer presented by Mr. Wheelock'and Mr. Carlsen. JOHN REFI Moved by Ring, seconded by Klingelhofer that EMPLOY. AS~ Mr. John Refi be employed as Assistant Civil Engineer ASSIST. commencing February l, 1965, in Range 18, Step "A" CIVIL ENG. Carried. POLICE CHIEF Moved by Ring, seconded by Coco that Police Chief be AUTH. EXPENSEauthorized expense money, not ~o.exceed $75-00 for __ MONEY investigation purposes. Carried. Moved by Miller, seconded by Klingelhofer that meeting be adjourned- Carried. MAYOR