HomeMy WebLinkAboutCC MINUTES 1970 04 06 MINUTES OF REGULAR MEETING
TUSTIN CITY COUNCIL
April 6, 1970
CALL TO
ORDER Meeting called to order by Mayor pro tam G. Miller aT 8:00 p.m.
II.
PLEDGE OF
ALLEGIANCE Led by Mayor pro tern C. Miller.
III.
INVOCATION Given by Councilman L. Miller.
IV.
ROLL CALL present: Councilmen: C. Miller, L. Miller, Marsters, OsTer
Absent: Councilmen: Coco
Others Present: City AdministraTor Harry Gill
City Attorney James Rourke
City Clerk Ruth Foe
APPROVAL OF
MINUTES Moved by Marsters, seconded by L. Miller that the minutes of
March 10~ '1970~ and March 16, 1970~ be approved as receive{.
Carried.
PUBLIC
HEARINGS 1. ZONE CHANGES 70-202 THROUGH 70-209.
Changing from an Unclassified Use District to a specified
classification the following properties as recommended by
the Planning Commission:
1) ZC 70-202 - Prospect Park Condominium (Assessor's
Parcel 62-671-03), located 318 ft. on the easterly side
of prospect Avenue, approximately 230 ft. southerly of
the centerllne of Irvine Blvd., recommended for Planned
Development Zoning District.
2) ZC 70-203 - Saddleback Mobile Home ?ark, a 19.17
acre parcel ( Assessor ' s Parcel 62-330-01,02,03) located
on the southwesterly corner of Main and Willjams Streets,
recommended for MH~ (Mobile Home Park) District.
3) ZC 70-204 - A 4.22 acre undeveloped parcel owned by
Marvin L. Bose (Assessor's Parcel 62-330-35) with 214 ft.
frontage on the westerly side of Willjams Street, approx-
imately 774 ft. northerly of the centerline of McFadden,
recommended for PC-R-3 (1750) Zoning District.
4) ZC 70-205 - A developed parcel 170 ft. by 125 ft.,
owned by Herbert Zarember, (Assessor's Parcel 62-330-05),
located on the westerly side of Willjams Street, approx-
imately 988 ft. northerly of the centerline of McFadden,
recommended for PC-R-3 (1750) Zoning District.
5) ZC 70-206 - The Tustin Village Trailer Park, a portlot."
of Assessor's Parcel 62-322-09 and 11, located approximate
ly 552 ft. along the easterly side of Willjams Street for
a depth of 330 ft. from the centerline and approximately
426 ft. southerly of the centerline of Main St., recommended
~e~ MHP (Mobile Home ~a~k) DisEriet.
6)' ZC 70-207 - The southeasterly frontage property of
Newport Freeway (old Newport Avenue) between Valencia and
Warner Avenues, an approximate distance of 110 fT. south-
easterly of the centerline of Newport Freeway (old Newport
Avenue)(Assessor's Parcels 120-015-03 and 120-015-05), re-
commended for zoning classification of adjoining properties
classified as 100-M-20,000 and PC Industrial.
City Council
7) ZC 70-208 - The southeasterly frontage property on
Newport Freeway <old Newport Avenue) approximately 110
ft. sou~heasterl~ of the centerline of Newport Fr~eway
:(old Newport Avenue) (Assessor's Parcel i'!~'~!~-04)
commended for zoning classification of adjoining property
classified as 100-M~20,000.
8) ZC 70~209 - Two adjoining parcels (Assessor's Parcels
--- 103-300-2~ and 103-300-28) owned by Marcia V. J. Fisher
and the First Baptist Church, located on the southwester-
ly corner of San Juan Street and Red Hill Avenue. Recom-
mended for C-~ onlthe northerly 175 ft. and PC-C-2 on the
southerly 450
Mayor pro tem C. Miller suggested that Mr. Fleagle explain the
proposed zone changes in a consolidated manner.
Mr; Flea~le stat&d that ~he Planning Commission, on its own
motion initiated zone !~hanges for"unclassified" properties
within the City to a classified district. A public hearing
was conducted ohM arch 9th, and the Planning Commission
unanimously recommended~the approval of the zone changes.
No opposition was presented at the hearing. In explaining
the changes, he stated that some discussion had evolved over
the proposed zoning of th~ parcel identified in ZC 70-204 on
the contention that this was a site considered by the Parks
and Recreation Commission as desirable for a public park. As
the owuer of the parcel has development plans for the parcel,
it was deemed inappropriate to deny the zoning classification
based upon uncertain future designs of theCity.
The Planning Commission thus recommended that the City Council
-- introduce an ordinance to effect the zone changes as specified.
Councilman Oster asked if there was any reason why ZC 70-209
(~8) was zoned on a ~C basis.
Mr. FleaMle explained that initially it was considered
but the minister of the First Baptist Church .had requested
it be advertised for C-2 for a broader range of use.
Mayor pro tem C. M~ller opened the public portion of the
hearing at 7:43 p.mt
There being no response from the audience, public hearing
closed at 7:44 p.m.
Councilman L. Miller asked about the agreement mentioned in
ZC 70-204 (~3) Izmade upon annexation for re-classification.
Mr. Flea~le stated that he could not speak onthe de~ails as
it was made at the time=of annexation and no one was there
at the ~ime. However, the applicant insisted that when the
.property was annexed, he had been told that upon re'classi-
fication he would ,be entitled roan R-3 development.
-- Mr. Gill stated that this property was annexed in 1963.
Mayor pro tem Ci M/fller stated that this might_be one of the
' parcels where the ~oning required by the council was over-
turned bY a referendum of the prople. He' would be interest-
ed to see if that was the case as' there were a large number
of parcels which had been zoned for multiple development but
were reversed and ?the property reverted to unelassified.
Mr. Melvin Bose, ownerof subject property, stated that the
matter as ~escribed by Mayor pro tem C. Miller was somewhat
accurate but that at the time it was tabled indefinitely by
the council presiding at the time and it was never brought
~, ~h~ ~a~el ~ame inte the ~i~y unclassified,
City Council
4-6~70 Page 3
Mayor pro tom C. Miller explained that the citizen committee
at that time was opposed to the zoning of any apartment develop-
ments in the City but would not oppose such zoning i~f specified
in the general plan. So this zone change No. 3, ZC~.70-204 is.
in conformance with the general plan as far as density is con-
cerned.
In answer to questioning, Mr. Fleagle stated that ~11 school
property in the City remains unclassified. The staff is work-
ing on a zone to be presented for consideration, covering school
civic centers, and all public property.
As to size of property in zone change no. 4 (ZC 70-205) of
H. Zarember, it was the thought that this property could be
incorporated with adjoining property for development. The
property is completely surrounded by R-3. There has been no
response from the owner on this.
With regard to no. 8 (ZC 70-209) on C-1 zoning, there is an
indication that there is a service station interested in this
property--nothing official. The east portion is recommended
for C-l; the City could extend C-2 to include this portion
but would not like to see PC, C-l, or C-2 extended to the west-
ern portion which is unlikely as it is under separate owner-
ship.
Councilman Marsnets stated he could see no objections to
changes 1, 2, 3,5, 6, and 7, but is concerned about no. 4.
It could accomodate 12 units unless developed with the pro-
perty to the south. ~o. 8, he felt, would require some
in-depth study and he questioned if ~his recommended zoning
is right for this property.
Moved by Marstots, seconded by Oster that Zone Changes 70-
202, 70-203, 70-204, 70-206~ 70-207~ and 70-208 be approved.
Carried by roll call. Ayes: C. Miller, Marstots, L. Miller,
Oster.
Noes: None. Absent: Coco.
Moved by Oster~ seconded by Marsters that ZC 70-205 and 70-
209 be continued to April 20, 1970. Carried.
Mayor pro tom Miller stated that regarding ZC 70-209 on the corner
of Red Hill and San ~uan, he has felt badly for a number of years
that the Tustin planning Gommlssion did not protest strongly to
the County Planning Commission about the zone change which
changed the PR zoning which was on the opposite corner to the
C-1 which allowed the service station to be placed there. The
residential area to the north deserved some sort of protection
--a buffer zone.
Mr. Miller asked that the staff report at the next Council
meeting on possible zones which would provide more buffer than
if the zone recommended by the Planning Commission were to be
adopted.
2. APPEAL - UP 70-336 OF RICH SIGN & NEON COMPANY.
Appeal of the decision of the Tustin Planning Commission
denying application of Rich Sign & Neon Company for a
Use Permit to permit the installation of one (1) over-
sized free-standing sign within 200 ft. of a freeway, with
additional mansard roof and wall signs for Pioneer C~icken
take-out food ese.ablishme~ located on property with lll.
ft. Ere~a~e '~n ~e sou~Heas~ side Of New~= A~e~ue, a'~
Avenue.
City Council
4~6-70 Page 4
Mr. Flea~le explained Use Permit application and location,
and stated that the Planning Commission had deniedthe request
due
1. Lack of a freeway~oriented business
2. The adverse eff~Utthe excessive sign would have
on ~he residential community
3. The excessive.amount of sign area
In answer to ~uestioning by the Council, Mr. Fleagle ~tated
that the sign appliedf0r would be 86 it. from the rear pro-
perty line~f residential property. If not within 200 ft. of
a freeway, t=he permitted sign height would be 20 ft. plus
1 ft. for every 60 ft. from.a residential development~ to a
maximumof 35 ft~ Thins sign then could be 21 ft.
Hearing opened at 8~03 p.m.
Mr. James Nicola, 15518 Sharonhill Drive, Whlttier,-represent-
ing the sign company and Pioneer Chicken, stated that he pre-
viously had offered t6 eliminate smalI="'Golden ~ioneer Chicken"
sign and stripes under "Pioneer Take-out" sign, leaving
"Pioneer Take-out" at 27 sq. ft. Mr. Paul Wil~outh had offered
tO omit the ,Goldeg, frOm the "Pioneer Chicken" on each side.
leaving them ate30 sq. ft.--making a total of 87 sq. ft~
This would leave-a balance of 135sq. ft., within the limita-
tion. Square foota~eof192 sq, ft. on the pole sign brings
the total toapproximately 380 sq. ft. The sign is not a
square sign so you ~ose a great deal going fro~ point to point.
Mayor pro tem MiLler explained that the area of any irregular
sign is the area of the rectangle it takes to enclose it.
Mr. Nicola stated that according to City Ordinance, if a sign
is within,200 ft. of a freeway, you may file for a Use Permit,
with no provision stating the percentage of your business is
from the freeway. The height of this sign was figured on free-
way and surface street visibility.
in answer 'to Mr.O~t&r, Mr. Nicola stated that he would like
at least the same amount of footage as the Jack-in-the-Box
whose sign, including all four sides, exceeds this sign, and
they have signs on three sides of their building.
Mr. FleaMle stated that the Sizzler sign now going in is com-
plying with the Sign Ordinance.
Mr. Nicola statedhe would like an amount of signing at least
equal to that of the Jack-in-the-Box.
It was explained to Mr~ Nicola that this application is under
different circumstances, as the Jack-in~the-Box is not+abut-
ting R-1 property.
Mayor pro tem M~ller .stated that there are three alternatives:
1. Uphold the decision of the Planning Commission.
2. Approve the~appeal.
3. Applicant~ould submit new,plans to the Commission.
Mr. Paul Wilmouth of 1310 Echo Park, Los Angeles, of, Pioneer
Take-out~ stated that on the copy area measurements differ.
If his'understanding and,figures are correct,-they are talking
about 4~le~. ~ ~he purpose of ap~lFi~ is me~lF for i~ent-
lfication.
City Council
4-6-70 Page
There being no further comments and no objections, the hearing
was declared closed at 8:21 p.m.
Moved by Marsters, secondedby Oster that as this request is
far in excess of the Ordinance, the Council.uphold the decision.
of the Plannin~ Commission; Motion carried by roll,call.
· '~ Ayes: C. Miller, Marsters, L. Miller, Osier Noes: None
Absent: Coco __
VII.
OLD
BUSINESS 1. TO CONSIDER CHANGING DESIGNATIONS OF EDINGER STREET
AND NAVY WAY TO MOULTON PARKWAY.
· Mr. Gill explained that this matter has been before the Council,
several times. Certain property owners appealed the re-naming
of the street, which is primarily in the County. The.appeal
was denied by the street naming committee. The portion within
the City is still Edinger. The City has filed annexation on
certain properties along Edinger; however, if the bulk of the
area is not annexed, the City would not have jurisdiction over
the bulk of the street. The 'Council could re-name the City
portion, leave as is, or defer the matter pending results of
the annexation and determination of the extent of the City's
jurisdiction. Mr. Gill said he had not heard whether or not
the property owners would appeal to the Board of Supervisors.
As the majority of the properties are in the City, although
the street is in the County, he felt that the City should
support the owners if they did appeal.
In deference to !these property owners, Councilman L. Miller
suggested that the matter be deferred, and the City Administrator
poll the owners to determine if they do intend to either appeal
to the Board of Supervisors or to initiate annexation.
Mr. Gill suggested that the matter be deferred to the Council
meeting of May 4th which will be after the annexation meeting
before the Local AEency Formation Commission.
Moved by L. Miller, seconded by ester that consideration of
n~m~ chan~e for Edin~er Street and Navy Way be deferred to
the May 4th Council meeting. Carried.
2. APPOINTMENT OF TWO MEMBERS TO THE DEVELOEMENT PREVIEW
COMMITTEE AND MEMBER TO THE BUILDING BOARD OF AP-
PEALS. Cont'd from 3-16-70.
Councilman L. Miller, a member of the sub-committee, stated
that the intent'of the last deferral was to have a combined
meeting of the Development Preview Committee, the Board of
Appeals and the City Council, prior to an appointment, to
discuss pros and cons of the basis of their'current operation.
This meeting was re-scheduled for a later date.
Move4 by L. Miller, seconded by Marsters that this matter be
deferred until after a workshop of the Council, the Development __
Preview Committee and the B~ard of Appeals. Carried.
3. GOALS AND OBJECTIVES AS PROPOSED BY THE TNT COMMITTEE -
Cont'd from 3-16-70
Moved b70ster, seconded by Marsters that this matter be deferre~
until a full Council iS present. Carried.
Ce~u~i. Itman L. Miller requested that at such time the City Admin-
l~&~ ~mi~ ~he eS~i~e ~ ~he right-of~wa~ acquisiti~n ef
City Council
4-6-70 Page 6
Mr. Gill stated-that it is scheduled to have an appraisal of
the Civic CenteF site at the next Council meeting.
4. EXPANSION OF PARK AND RECREATION COMMISSION
- e~' ~ ~ Park and Recreation Commission recommendat~o~.~fsl to
add a high school student and one representative each
from the Elementa[y and High School Boards.
Mayor pro-tam Miller directed that this be placed on the
next Council agenda.
5. PLACEMENT OF MISSION BELLS ON EL CAMINO REAL
Moved by L. Millerm seconded by Oster that plan for location
of Miss"ion Bells:, as submitted by the Downtown Business Associ-.
ation be approvedI and the staff directed to proceed ~ith
~:installation of the bells and name plaqueS. Carried..
VIII.
BUSINESS 1. RESOLUTION NO. 70-15
AResolution~ of the City Council of the City of Tustin,
California, ordering the canvass of the General Municipal
Election to be held on the 14th day of April, 1970, to be
made by the City Clerk of the City of Tustin.
Moved byL. Miellert seconded by Oster that Resolution No.
70-15 be read bY title only.
Moved byL; Miller~ seconded by Oster that ReSolution No.
.. 70-15, Qrdering that'the canvass of the General Municipal
"' ' Election be made by ~he City Clerk, be passed and adopted.
Carried unanimously.
2. AWARD OF BID FOR CONSTRUCTION OF MEDIAN ISLANDS IN
FIRST STREET FROM PROSPECT AVENUE TO CENTENNIAL WAY
AND THE WIDENING OF FIRST STREET AT THE SOUTHWEST
' CORNER OF PROSPECT AVENUE.
Moved by Oster~ seconded by L. Miller that contract for con-
s~ructiom of median islands in First Street - Prospect to
Centennial WayS-and the widening of First Street at the south-
west corner of ProspeCt Avenue be awarded to R. J. Noble Co.,
being the low bidder in the amount of $9,994.91. Carried.
3. GROWER MEMBERSHIP AGREEMENT BETWEEN THE CITY AND OLIVE
HEIGHTS CITRUS ASSOCIATION AND SUNKIST GROWERS~ INC.
Moved by,Oster, seconded by L. Miller that the Grower Member-
ship A~reement with Olive Heights Citrus Association and Sunkist
Growers, Inc. be approved and the City Administrator authorized
to execute the necessary documents. Carried.
4. .EXTENSION OF TIME FOR COMPLETION OF REQUIRED IMPROVEMENTS
... - Parkin~ Area ~d,~a'cent to 125 West Main Street.
Movedby Marsterst seconded by L. Miller that request of Fir.
and Mrs. C. B. BarnerrS. for an extension of time to May 1~ 1970,
for completion of the terms of agreement with the City for
paving:Of parking area adjacent to 125 West Main S~reet be
approved. Carried.
5. WORLD HANDICRAFT - REQUEST FOR TWO YEAR EXTENSION OF TIME
FOR STREET IMPROVEMENTS ON NEWPORT AVENUE.
,Mr. Gill stated tha~ this request had been received to extend
for two years the time for certain improvement requirements
en ~he preper~y. S~lIy Miller was contacted by the City En-
B{~e~ ~fElce and has revised street work
City Council
4-6-70 Pagc
Mrs. Jean Adams spoke £or World Handicrafts regarding the
background and said that to her recollection, no time limit
had been placed on these imporvements, and she had been told
the cost would run about $1,200. She now finds they need
$4,000. Mrs. Adams said she believed World Handicrafts has
justification for an extension of time.
Mr. Gill stated that the cost was $1,500. They now find
that the S.A.V.'~. line will have co be relocated, raising
the cost to a $2,000 bond based on a figure from Sully Miller
Company. It appears that the $4,000 bid is rather high. All
that is requested at the present time is the street improve-
ment dedicationof right-of-way.
Mrs. Adams said the dedication has co come from the owner.
· The owner will not put the improvements in therefore the
lessee must do this. The owner will no~ give this until such
time as we guarantee that the improvements are going to be
made. If we put up a $2,000 bond and it is not sufficient--
then what happens.
Mr. Oster reviewed.minutes of November, 1969, where Mr.
Robertson agreed ~to the improvements.
Mr. Handy Robertson of World Handicrafts recalled a statement
made by Mr. Clifton Miller regarding helping problem properties
in the area.
Mr. C. Miller stated that at that time he was in favor of
granting a Variance on the parking requirements in order to
allow the businessto proceed, and that be still feels it
better to have World Handicrafts go in. One of the determining
'factors in not requiring all the usually required things would __
be that the street be improved.
Mr. Robertson stated that he thought at the time that the
talk was of curbs and gutters, not paving ~6f ~he street. They
had questioned the S.A.V.I. line buc were told, in all honesty,
that the line had been abandoned. They got bids of which the
lowest was $2,048.48. Mr. Robertson stated that if he did not
get the extension of time asked for, he would have to cancel
his lease. At $4,000cost he would need two years.~ If ~he
cost is $2~000 he would need one year from now.
Councilmen L. FPiller suggested requesting a bond for $2,000
guaranteeing completion one (1) year from the date th~ Use
Permit was granted.
Mr. Robertson again sta~ed that he needed one calendar year
and saw no reason why he could not post a bond.
Moved by Oster, seconded by L. Miller that the street improve-
ments be completed on or before December 31, 1970, that a bond
or agreement in a form satisfactory to the City Attorney be
executed for completion of the street improvements, that the
bond be in the sum of $2,000, that as a condition of the grant-
ing of this extension, the bond, cash deposit or satisfactory agr~-
ment and the dedication of the right-of-way be completed within
thirty days.
Mr. Rourke stated that if conditions are not met the Council
would have to se~ a hearing to cancel the Variance that has been
granted.
City Council
4-6-70 Page 8
6. TUSTIN JAYCEE REQUESTS
1.Permission tohold Memorial Scene on Irvine
Boulevard divider.
Mr.-JamesZahlen explained that theJaycees are asking per-
mission to put~ their,usual Memorial Day Scene on the Fourth
Street center ~sland from Friday, May 29,- through Sunday, May
31. The Jaycees will.raise the Flag inthe morning, and
Marines will lower the Flag while playing t~psat sunset.
2. Tustin Tiller Day Proposal
The Jaycees are requesting an increase in money over last
· year's request. They must get Tiller Days organized now and
contact bands, schools, etc. They are not asking for a complete
payment arthis time,. but possibly a $500.00 payment to be is-
sued .prior to the new!:fiscal year and then after JUly'l, the
balancemof the money tO be paid as agreed upon. Right now they
are asking p~rmissiDn to putthe project on and a $500.00 pay-
ment in the near fU=tu~e. In answer to questioning, Mr. Zahlen
stated they are basing their request on last year's budget.
Last year's budget was $3,627.80, less $329.80. If any money is
left over, it should go into a fund for next year. A special
Tiller Day account is-set up.
Moved by Oster.~ seconded by L. Miller that the Tustin Jaycees
be given permission tO holda Memorial scene on the Irvine
Boulevard divider, that the Council approve the proposed bUd-
get for Ti!ler~ Days, and that the Council approve an iuunediate
payment=of $500.00-'to begin the Tiller Days project Carried.
As to last yearJs~expenses, Mr. Gill stated that the same
$500.00 which was left over from the Centennial Year had been
turned over =tot. the Jaycees, and the City spent about $2,000for
the parade.
7. REQUEST FROM SANTIAGO BANK FOR PERMISSION TO DROP
STYROFOAM BALLS' FROM HELICOPTER IN CONJUNCTION WITH
BANK OPENING.
Councilmen 0ste= and. L. Miller stated they would be'abstaining.
Mayor pro tem Miller read letter of request and the following
staff comments.:
1. Potential hazard"with children running in the streets
to retrieve balls.
2. Distraction to motorists.
3. Clean-up problem.
~ouncilman Marsters stated he agreed with the stafflon ~11
three counts-.
In answer tol questioning, Mr. Rourke stated that the City
could request a certificate of insurance. Asto the closing
of streets, it might-be a problem. The bank is on main City
streets which should probably not be closed. In the matter
of clean-up, they WoUld probably be cleaned'up eventually and
some would be on' private property.
Moved b~ Marsters~ seconded h~'C. Miller that. Fequest to
drop styrofoam bal!s-.fromhelicopter be denied. Carried.
L. Mille: and Oste~ abstaining.
_
city Council
4-6-70 Page 9
8. NAMING OF NISSON ROAD PARKETTE SITE
Mayor pro tem Miller stated that the Park and Recreation Com-
mission has recommended that this parkerrs be named after
Hazel Gowdy, former Tustin Librarian, and that the Council
keep Congressman Utt's Dame for a more significant development'.
Councilmen Marsters moved that this site be so named.
Motion died for lack of a second. --
Councilman Marsters said that he felt in complete accord with
the Park andsRecreation Commission in that a more sigaificant
community landmark could be named after Congressmen Utt.
Councilmen L.'Miller said he concurred with Mr. Marszeta but
· questioned naming the park after Hazel Gowdy, whom he had never
heard of. Perhaps there are other Dames to be considered.
It was the consensus of the Council that this matter should
he deferred to the next Council meeting pending more informa-
tion.
9. REQUEST FOR TIME 0N AGENDA RELATIVE TO THE SWITCHING OF
TRAINS BEHIND TUSTIN MEADOWS. - Mrs. John Campbell
Mrs. Campbell. spoke tc the Council regarding the trains switch-
ing and being stored behind the homes in Tustin Meadows, stating
that there are double tracks about two miles from these houses
where th.is switching and storing could be done. Mrs. Campbell
stated that besides the noise at all hours, these stored cars
are unsightly and a definite hazard to children who will play in
and on them. Mrs. Campbell. said she had contacted the Irvine
Company, Santa Fe Hailroad, and the Pffolic Utilities Commission,
and is now asking for Council support.
Mr. Earl Davis of 1912 Royal Oak Drive also spoke on the hazards
of these trains.
Mr~ Gill stated that railways are chartered by the State and
~pelled out in the State Constitution. He will discuss this
with Santa Fe. They are cooperative with the City. He will
keep Mrs. Campbell advised.
. Mr. Rourke stated that the City is limited because the State
has exclusive right to control railroads, through the railroads
and the public Utilities Commission. The contact with the
railroad and Public Utilities Commission would be the appropri-
ate way to see what can be done.
Councilmen Oster stated that the Counci~ is co~,9erned. The
Public Utilities Commission is a politically oriented body.
Mr. Oster stated that he would send Mrs. Campbell the names
and addresses of the Commissioners so that she, as well as the
City, can contact them directly, not just the Commission sec-
retary.
Mayor pro tem Miller stated that the City will contact the __
Public Utilities Commission' as well as the State.legislators'.
10. APPROVAL OF DEMANDS.
Moved by Marsterse.seconded by L. Miller that demands in the
amount of $136~389.37 be paid..Carried,
City Council
4-6-70 Page 10
OTHER BUSINESS 1. REQUEST TO HOLD ANTI-WAR DEMONSTRATION
Mr. Gill explained that'a letter had been received from Mrj
· -.~ Deryl Ruger requesting permission for members of the Woodstock
Nation to hold a small anti-war demonstration at the corner of
Third and E1Camino Real, and make known their stand on war,
the vote, and drugs.
In answer to questioning, Mr. Rourke said 'thatit appears that
they are talking ofusing the sidewalk. If that is the case,
the Council would not have any say.and they would be free to
do this without'City approval. If they are contemplating making
use of the street itself, then the City would have soma say
about that.
Mr. D.J. Ruger, 18121 Theedora Drive, Tustin, stated that the
demonstration would be held on the sidewalk and the grass area
by the Civic=Center sign,
Mr. Rourke stated that tothe extent that it would involve
Civic Center property, the City would have the say about that.
Nothing else mentionedin this letter would require.a permit.
Mr. Ruger stated there would be speakers on the subject, rep-
resentatives of Veterans for Peace, etc., and would like to
pass out anti-war literature and handbills as advertising.
They do not intend to include any outside organizations or
groups or to invite them to come in. These are the sons and
daughters of Tustin residents.
" In answer to questioning by Councilman L. Miller, Mr. Ru~er
stated that the Woodstock Nation is a state of mind, a dream
of what they hope this country one day will be. As to his
position on the vote, he is for lowering the age to 18. He
stated that he personally is against the use of drugs as they
ruin you system. This demonstration is not only to raise his
position but to let others speak and voice their opinions.
There could be some peopl~ advocating the use of drugs. They
would need the use of soma of the Civic Cente~ property.
Mr. Rourke stated that use of .loudspeakers is limited by
Section 15-7 of the City Code so they are limited in the use
of loud~peakers..The Council decides if they can use Civic
Center property. The Council cannot'deny the use of the
sidewalk or the use of a loudspeaker as long as it is not of-
fensive or disturbing.
Mr. Ruger stated that they were' asking for a permit to
avoid trouble. He said he and others will be policing to
keep the demonstrators out of the City parking lot.
Councilman Oster asked what would happen if 200 demonstrators
arrived. You never~know how far it will go, Once the City
gives a permit they will have to be prepared tO protect the-
"'" City property. ~ did not think this to be a very good location.
The Council concurred~that they were reluctant to limit rights
of free speech and assembly, but that these dO have a tendency
to get out of hand. There would be no reason to give or deny
a permit for any demonstration on the sidewalk, but did not
believe in a permit for use of C~vic Center property.
It was the consensus of the Council to take no action on this
matter.
Mayor p~o tem Miller directed that the City Attorney ~or the
City Administrator send a letter to.Mr. Ru~er stating what his
~hes are es to th~ use of the sidewalk.
city Council
4-6-~0 Page 11
2. BUSINESS LICENSE ORDINANCE
Report received pertaining to the portion of this Ordinance
regulating licenses for coin-operated washers and dryers.
Deferred to a later date.
3. PROPOSED CHANGE IN RETIREMENT LAW
Proposal to include managers and attorneys (prosecutors) as
a safety member.
Matter continued for more specific information as to dos=s
and benefits.
4. REPORT ON SALES TAX
Presented by Mr. Gill.
5. REGULATIONS FOR DOGS IN PUBLIC PARKS
The City Attorney was directed to work with the staff and
draft and Ordinance prohibiting dogs from all parks and
City property with certain exceptions, such as controlled
situations, seeing eye dogs, etc.
6. LEGISLATIVE BULLETIN
Letters of opposition to be sent to the State Legislative
Representatives and authors of bills SB-695 (Police Salaries)
and SB-676 (EliminatinE Cities' share of Fines and Forfeitures).
7. REPORT ON RED HILL AVE TRAFFIC SIGNALS
Mayor pro tem Miller directed that a copy of this report he
sent to Tustin Meadows Home Owners Association.
8. MINI-BIKES ON PRIVATE PROPERTY
City Attorney to work with the Chief of Police and draft Ord-
inance restricting the use of mini-bikes on priva'te property.
9. CORRESPONDENCE RECEIVED AND FILED.
ADJOURNMENT There being no further business, Mayor pro tem Miller declared
the meeting adjourned.
MAYOR PRO TEM