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HomeMy WebLinkAboutCC MINUTES 1970 08 03 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL AUguSt 3, 1970 CALL TO ORDER Meeting called to order a~ 7:32 P.M. by Mayor Coco. II. PLEDGE OF ALLEGIANCE Led by Councilman ~; Miller. III. INVOCATION Given by Mayor Coco. iV. ROLL CALL Present: Councilmen Coco, C. Miller, Marsters, L. Millerr Oster Absent: Councilmen: None IV. APPROVAL OF MINUTES Moved by L. Miller, seconded by ester that minutes of July 20, 1970, be approved as written. Carried. Coco and C. Miller abstaining. VI. PUBLIC HEARINGS 1. AMENDMENT TO THE ZONING ORDINANCE - SWIMMING POOLS An amendment ~o Section 5.16 of Ordinance No. i57, (The Zoning Ordinance) initiated by the Planning Commission on its own motion to read as follows: Swimming pools in "R" Districts shall not be located c~oser than five (5) feet to any side or rear lot line nor ~n any portion of a lot not permitted to construct an enclosing wall or fence s~x feet eight inches (6'8") in height as specified in the District regulations. Mr. Fleagle explained that this Ordinance was initiated by the Planning Commission due ~o problems arising with the existing Ordinance which in some cases make pools in residential areas Impossible. The present Ordinance makes no allowance for the various lot sizesr development pa~erns, etc. It is believed that proposed Ordinance will alleviate necessity for some variances. Due to noise generated by filters and heaters, it was the con- sensus of the Council that the following paragraph in the existing Ordinance should be ~ncorporated in this amendment: Filter and heating systems for such pools shall nee be located. closer than thirty (30) feet to any dwelling other than the owner's. Moved by L. Miller, seconded by Oster that Ordinance No. 476, amending the Zoning Ordinance relative to swimming pools with · ncorporation of paragraph regulating locations of equipment, have first reading by title only. Carried unanimously. VII. OLD BUSINESS l. ORDINANCE NO. 472 An Ordinance of the City of Tustin, California, AMENDING THE TUSTIN CITY CODE TO PROHIBIT LITTERING. ~M~ller, seconded ~ Marsters that Ordinance No. 47~ Moved by Marsters, seconded by L. Miller that Ordinance No. 472, amending the Tustln City Code to prohibit littering, be passed and adopted. Councilman C. M~].ler stated that he believe~ th~s to be an urgency ma~er for ~he he~t~ and welfare of the City Council 8-3-70 Page2 Moved by C. M]ller, seconded by ester that the above menion be amended to adopt Ordinance 4'/2 as an urgency ;matter to go into effect immediately. Carriedby roll call. Ayes: C. Miller, Marsters, L. Miller, ester. Noes: COCO. 2. ORDINANCE NO. 474 ~ An Ordinance Of the City of Tustin, California, AMENDING THE ZONING ORDINANCE OF THE CITY OF TUSTIN RELATIVE TO DEVELOPMENT PREVIEW COMMISSION. Moved by C. Miller~sec0nded by L. Miller that Ordinance NO. 474 have second reading by title only. Carried unanimously. Councilman Oster said that he would be voting no on the adoption. Mr. ester referred to the article in the Tustin News where two developers and an alternate member on the Developmenz Preview Commission had stated.some things about the way the Commission is being operated. He s~ggested that the Council call some developers as hehad, who have developed in the City and see whether they b~sically feel that the idea of the Commission as a moving force in getting voluntary compliance with the Wedding or Bridal Book idea of showing the developer what this community wants is now really taking place. Mr. ester also suggested that something go out to each ofthe developers who have appeared before-the Development Preview Commission within the past 90 or 120 days -- a questionnaire soliciting their comments. He had spoken to two developers who stated that since they have to constantly go before this Commission, they have basically not come before the Council to appeal or in effect express the prob- lems they are having. If that is the case then, Mr. oster stated, the Counci~ ismissing something and perhaps some formof questionnaire will get some information. Councilman L. Miller stated he did not think the City has had one complaint from a~resident. The majority of complaints before the Development Preview Commission have been from nonresidents who have the in~ent of building ~n the City. As to the Pedicini complaint, he had had phone calls from resident% who were con- c e r ned that this might be like Builders Emporium with high lights, etc. He had called the~Development Preview Chairman and changes were made. If there are problems, the City should find out specific complaints. Mr. Miller s~ggesteda workshop with developers.. Councilman Clifton Miller concurred with Mr. Oster's suggestion for a letter or questionnaire and asked that the letter include suggestions for improvements. Mayor Coco stated that th~ prime reason for the Commission ~s to protect visual environment and would be in favor of letters being sent to those people who have actually been before the Commission, and he thought this would be a good public relations move. Councilman Marsters stated he was in favor of passage of the Ordinance at this time and also ~n favor of sending out questionnaires- Mayor Coco directed Mr. Fleagle to prepare a questionnaire to be sent to persons who have appeared before the Development Preview Commission for Council review. Moved by L. Miller, seconded by Marsters that Ordinance No. 474, amending the Zoning Ordinance of the City of Tustin relative to Development Preview Committee, be passed and adopted. Carried. Ayes: Coco, C. Miller, Marsters~ L. Miller. Noes: Oster. Council suggested that the questionnaire be open ended and the accompanying letter indicate that answers a~e Eo be as specific as possible and cover the persons' area of interest. Mayor Coco asked Mr. Fleagle to poll alternates ~o determine those interested in remaining on the Commission and report by next Council mccting. ity cousc l 8-3-70 Page 3 3. RESOLUTION NO. 70-33 A Resolution Of the City Council of the City of Tustin, California, DETERMINING AND FIXING COMPENSATION FOR THE DEVELOPMENT PREVIEW COMMISSION. Moved by C. Miller, seconded by Marsters that Resolution NO. 70-33 be read by title only. Carried unanimously. Councilman L. Miller stated that under this resolution, the com- missioners would be paid per meeting artended. He strongly sug- gested that this Commission, as all other commissions, be reim- ~ bursod on a monthly basis and Resolution 70-33 state that the Chairman receive $30.00 per month and all other members $25.00 per month. Councilman Oster agreed and Councilmen C. Miller and Marsters withdrew motion and second respectively. Moved by C. Miller, seconded by Marsters that Resolution 70-33 incorporating provisions for monthly reimbursement be read by title only. Carried unanimously. Moved by L. Miller, seconded by C. Miller that Resolution No. 70-33., determining and fixing compensation for the Development Preview Commission, be passed and adopted. Carried. Councilman Oster voting no. 4'. ORDINANCE N0.475 An Ordinance of the City of Tustin, California, AMENDING THE TUSTIN CITY CODE, RELATIVE TO FLY CONTROL AND MANURER DEALERS. Moved by Marsters, seconded by Oster that Ordinance No. 475 have second reading by title only. Carried unanimously. Moved by Oster, seconded by Marsters. that Ordinance No. 475, amenc ing the Tustln City Code, relative to fly control and manure deal~ , be passed and adopted. Carried. Ayes: Coco, C. Miller, Marsters. L. Miller, Oster. Noes: None. 5. ORDINANCE NO. 477 'An Ordinance of the City of Tustin, California, REZONING PROPERTY ON APPLICATION NO. Z.C. 70-214 OF LAWRENCE J. LECH- MAN ON BEHALF OF FRANARGOFIN. A portion of that property fronting approximately 375' on the southwest side of Laguna Road, approximately 200' southeast of the centerline of Newport Avenue. Moved by Oster, seconded by L. Miller that Ordinance No. 477~ rezoning prQperty on Application NO. Z.C. 70-214 of Lawrence J. Lechman on behalf of Franargofin, have first readin~ by title only. Mayor Coco stated that he tends to concur more with the Planning Commisslon and staff recommendation that creating a separate C-2 district in this way may be detrimental to the City in the future as setting a precedent. The recommendation was that the entire area along Laguna be classified a C-2 district, the uses were more similar to that. This is more in the nature of a spot zoning. Mayor Coco stated that he understood that this had been thoroughly discussed by the Council and at the last meeting decided that the C-2 as a spot was the more desirable one from their point of v~ew. He stated he was just going on record as saying tha~ he believed it'is ~n the realm of spot zoning and he would prefer to see the entire area zoned C-2. COuncilman C.~ Miller stated he had not been at the last meeting, So di~ not hear the arguments presented az the heating and he wo~ld be voting yes on the reading by title only~ bu~ Wilt abstain Above motion to read Ordinance 477 by title only carried unanimouslY. City Council 8-3-70 Page 4 6. RESOLUTION NO. 70-34 A Resolution of the City Council of the City of Tustin, California, RENAMING A PORTION OF NAVY WAY TO MOULTON PARKWAY. Moved byOster, seconded by C. Miller that Resolution No. 70-34 be read by title only. Carried unanimously. ~o.~ed by Ma~sters, seconded by...L. Miller that Resolution No. 70-34, renaming a port'io~ Of Navy Way to Moulton Parkway be passed and adopted. Carried unanimously. 7. PAINTING OF HOUSE NUMBERS ON CITY CURBS CopieS0f proposed Ordinance and staff reports g~ven Mr. Beers EO read and matter deferred to later in the meeting. 8. COMMUNITY SERVICES PROJECT Moved by C. Miller, seconded by Oster that the Mayor be authorized to send a letter expressing interest in further exploration of the project to the county and, if selected, the City give careful study of the proposal. Carried. VIII. NEW BUSINESS 1. CONFIRMATION OF WEED ABATEMENT CHARGES FOR 1969-70 Moved by Oster, seconded by C. M.~ller that all weed abatement charges for the fiscal year 1969-70, as specified, be confirmed. Parcel Amount 62-272-01 $150.08 62-041-04 27.00 62-041-05 27.00 62-041-06 61.00 432-041~01 115.00 62-262-03 24.15 Carried. 2. REQUEST FROM PARKS AND RECREATION COMMISSION FOR AMENDMENT TO SECTION 2-18 OF THE TUSTIN CITY CODE RELATIVE TO P & R COM- MISSION MEMBERSHIP REQUIREMENTS. Mayor Coco explained that this item is a request from the Parks & Recreation Commissioh asking that the Council consider amending the P & R code requirements for city residency. This was brought about by the action the Council took expanding the Commission include two..school board members and a teenage member. That expansion cannot b'e implemented because it would result in a majority of the Commission being noncity residents. It was the consensus of the Council that Ordinance 470 be amended by the deletion of the wording -- At all times amajority of the Commission shall be residents of the City of Tustin. Moved by Oster, seconded by L. Miller that Ordinance No. 478 amending Ordinance 470 as to residency requirements have first reading by title only. Carried unanimously. 3. APPROVAL OF DEMANDS Demand No. 16200 was questioned as to amount and pending further investigation by the staff the amount of this demand was reduced by $200.00 - reducing the total check register Eo $99.273.99. Moved by Marsters, seconded by C. Miller that ~emands be paid in the amount Of $99,273.99. Carried. City Council 8-3-70 Page 5 3.PAINTING OF HOUSE NUMBERS ON CITY CURBS (cont'd. from earlier in the meeting) In answer to questioning by the Council, Mr. B. Beers, applicant for a permit, stated that he agreed with the proposed ordinance, especially the uniformity. His only issue was with the soliciting basis. Very few residents will donate by way of mail. He pre- ferred handbills sent prior to painting and no pressure or harassment for the. money. After discussion, the Council made the following changes and additions to the Fop0sed ordinance. Section 2 - Last line to read: A business license of $25.00 shall be re~ired. Section 3-e to read: Numerals shall be green superimposed on a white background and the design shall be white superimposed on a green background, in conformity with the standard design on file with the City Engineer. Section 6 to read: Permittees may request paymenu or solicit donations for the painting of house numbers not in excess of a $2.00 request for each addressee. Such request or solicitations shall be made by mail or circulars only prior to any door-to-d6or personal canvas. Letters of request or solicitation may state compliance with the City Ordinance but shall not imply Council endorsemenu. Letters or circulars shall be submitted to the administrative staff for approval. Moved by C. Miller, seconded by L. Miller that Ordinance No. 479, amending the Tustin City Code establishing authority and speci- -- fications for the painting of house numbers on curbs, as correcte< have first reading by title only. Moved by L. Miller, seconded by C. Miller that subject zo payment of fee and approval of the Engineer and Assistant City Administrator - Community Development, Mr. Beers be granted permission to paint house numbers on city curbs subject to all conditions of proposed ordinance as if now in effect. Carried. IX. OTHER BUSINESS i. Resolution NO. 70-35 A Resolution of the City Council of the City of Tustin, Cali- fornia, SETTING DATE OF HEARING FOR CONSIDERATION OF CHANGE OF NAME OF A CERTAIN STREET IN THE CITY OF TUSTIN, AND GIVING NOTICE THEREOF Movea by C. Miller, seconded by L. Mille~ that Resolution NO. 70-35 be read by title only. Moved by Marsters, seconded by ester that Resolution No. 70-35, setting date Of hearing for consideration of change of name of a certain street-in the City of Tustin, be passe~. and adopte~. Carried unanimously. -- 2. Widening of Newport Avenue South of Santa Ana Freeway Staff reports received. City Clerk directed to forward copies to the Chamber of Commerce and the Tustin News. Moved by C. Miller, seconded by Marsters that the City Engineer contact the county and request a joint project for the four lanes between Kenydn Drive and the Santa Ana Freeway. Carried. Report from Park a Recrea'c~on Commission recommending against this purchase-received. No council action. 8-3-70 Page 6 5. School Property Appraisal Mr. Blankenship stated that appraisal had been received by the school and Wouldbe forwarded to the City after tonignt's SChool Board M~eting. ~. 6. Use of Board Room at Tustin Community Hospital for Council Chamber. Councilman L. Miller stated that a member of the Hospital Board had tentatively offered use of the Board Room which holds 175 people. Mr. Miller strongly suggested that the Mayor be authorized to correspondwiththe Board todetermine fees, etc. CoUncil concurred. 7. COuncil Administrator Workshop At the sugges~ionof Councilman Marsters and concurrance of the Council, this workshop-was rescheduled for two consecutive nights~ AUgust 10 and August. ll from 7 ~o 11 P.M. in con- ference room at City_ Hall. 8. The following information and correspondence received: t) Denial of request of Tustin Community Hospital for Tree Planting,Waiver - Park,& Recreation Commission and Development Preview Commission. 2) Summer Recreation Report - J. Harrison 3) Notice of Orange County Division League of Cities Executive Meeting - AUguSt 13, 1970, and minu~es Of July 16 meeting 4) Notice Of hearing On proposed formation of Orange County Transit Distric~ - Local Agency Formation Commission. 5~ Correspondence relative to Marine Corps air corridor and acknowledgments - L. L. Grubb 6) Correspondence regarding Orange County Airport - David E. King Mr. King w~s present and spoke agalns~ expansion of this a-irport and requesting that the City take a stand. 7) Notice of meeting on Parson's Report, August 6, Newport Chamber of Commerce, Coast Highway 8) Letter Of appreciation for city help in preparing new city map - Chamber of Commerce 9) Letter Of appreciation for use Of Youth Center and cooperation of Gino Pollini - Tustin Jaycees 10) Letter of appreciation to Tustin Police Department'- M. Menier 11)Correspondence recommending penalties for drug use and drug pushers - City of Brea 12) County Ordinance ~2410 relative to vehicular nuisance 13) League of California Legislative Bulletins 14) Proposed consent calendar 1S) Copy of correspondence to Assemblyman Badham expressing concern over proposed S.B. 476 and A.B. 1155 (Local Agency Formation Commission) from A. J.~Coco 16) Correspondence relative to ultimate city between Tustin and those proposed for City of irvine - R. Reese, Vice President - Irvine 17) Letter regarding facts of recen~ police strike - City of Antioch, California City Council ADJOURNMENT There being no further business, Mayor Coco declared the meeting adjourncd. ~.. ~ MAYOR