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HomeMy WebLinkAboutCC MINUTES 1969 12 01 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL December 1, 1969 CALL TO ORDER Meeting called to order at 7:36 P.M. by Mayor,,,~oco. PLEDGE OF ._ ALLEGIANCE Led by Mayor Coc~. III. INVOCATION Given by Mayor Coco. IV. ROLL CALL Present: Councilmen Coco, Marstots, L. Miller Absent: C. Miller Others Present:I City Administrator Harry Gill City Attorney James Rourke City Clerk Ruth Poe V. APPROVAL OF MINUTES Moved by L~ Miller~ seconded by Marstots, that~minutes of November 3 and November ~17, 1969, be approved. Carried. VI. PUBLIC HEARINGS None. APPOINTMENT OF COUNCILMAN .Mayor Coco announced that the Council would at this time ._ ,cpnsider appointment of a member of the Council to fill the unexpired ~e.r~. of Gerald C. Mack. Term to expire April, 1972. Councilman Marsters stated that he, as well as the rest of the Council, has deliberated on this appointment for some time and he would like to move the appointment of a man he had known for some time, had worked with on the Planning Ce~.ission, and who he felt to be very outstanding and compatible with not only the Council but the people of the City. Moved bF Marsters, seconded by L. Miller, that Mr. Robert Oster be appointed ~to the Council to fill the unexpired term of Gerald Mack. Carried unanimously. Mr. C. Miller absent. City Clerk administered Oath of Office and Mr. Oster took his seat on the Council· VII. OLD BUSINESS 1. .ORDINANCE NO. 450 - 1st Reading .. An ordinance of the. City of Tustin, California, amending the Tustin City Code RELATIVE TO CONSTRUCTION AND REPAIR OF BUILDINGS, AND NOISE. Mayor Coco explained that this Ordinance had had a first reading November 1~, but would require another first reading due to Ehe addition of the following wording in Section 15-7(j)-.~ 'The restrictions of this section shall not apply to work p~rformed by a person on property ~upon which he is a resident, nor to repair work byan owner or tenant." · Council Minutes Page 2 12-1-69 Moved by L. Mille.r~ seconded by Marsters, that Ordinanc~. No.. ~.59., as amended, amending the 'rustin City Code relative to construction and repair of buildings, and noise, have first readtn~ by..tftle only. Carried unanimously. 2. ORDINANCE N0. 45.1.- Second Reading An ordinance of the City of Tustin, CAlifornia, amending the Tustin City Code and the Zoning Ordinance, Ordinance No. 157 as amended, RELATING TO CITY FEES. Moved by Marst~rs~ seconded b~ L. Miller, that Ordinance No. 451 have second reading by title only. Carried unan- imously. · Moved by Marsters~ seconded by L. Mille~, that Ordinance. No. 451, amending the Tuatin City Code and the Zoning Ordinance, Ordinance No. 157 as amended, relating to - City fees~ be passed and adopted. Carried by roll call. Ayes: Coco, Marster~, L. Miller, Oster. Noes: None. Absent: .C. Miller. 3. ORDINANCE NO. 452 - Second Reading An ordinance of the City of Tustin, California, REZONING PROPERTY on Application No. ZC 69-195 OF WILFRED TAYLOR. Location: Site fronts 220' on the south side of Third Street, 300' on the west side of Pacific, and 220' on the north side of Main Street. Approved zoning is for PC-R-3-2800 (Multiple F~mily Res- idential-2800 sq. ft. per dwelling unit) District. Councilman Marstots stated that he would abstain on this item. Councilman L. Miller stated that since the first reading of this Ordinance the Council has received a request from the Tustin Homeowners Association to defer action at this point based on the facts that it is not in line with the General Plan, density is too high, the Council should wait for reports and recommendations from the T.N.T. Com- mittee, and the Homeowners are in the process of obtaining 1000 more members, who also~object to multiple, to their group° As the Council is meeting December 2nd with the T.N.T. Comm{ttee and representatives of Development Research Associates for reports and a workshop, it was the con- sensus of ~he Council that this matter should be deferred. Moved by L. Miller~ seconded by Ost~,, that second reading of Ordinance No. 452 be deferred to tha next reRular meeting. Mayor Coco ascertained'that there was no one present rep- r'esehting the developers and who were expecting a second reading at this meeting. Above motion carried. Councilman Marstots abstained. 4. ORDINANCE NO. 453 - Second Reading An ordinance of the City of Tustin, California, amending the Tustin City Code relative to FEES FOR APPLICATIONS AND PERMITS, AND TO REGULATION OF TAXICABS. Council Minutes Page 3 12-3-69 It was suggested that the word "certified" be Section 1, Paragraph 2, Line 2 to read, Provided further · - that if partof the proceeds of an activity are certified to be used for, etc. Mr. Rourke stated that the insertion of this word would not necessitate another first reading. Moved by Marsters~ seconded by Oster~ that Ordinance No. 453 have second readin~ by title only. Carried unanimously. Moved by L.. Millerr seconded by Marstars, that Ordinance No. 453, as amended, amending the Tustin City Code relative to fees for applications and permits, and to regulation of taxicabs, be passed and adopted. Carried by roll call. Ayes: Coco, MarStars, L. Miller, Oster. Noes: None Absent: C. Miller. 5. . ORDINANCE NO. 454 . 1st Reading An ordinance amending the Tustin City Code relative to CURFEWS. Moved by L. Miller~ seconded by Oster,that OrdinanCe No. .454, amending the T~stin City Code relative' to curfews have first readin~ ~by title only. Carried unanimously. 6. RESOLUTION NO. 1033 A resolution of the City Council of the City of Tustin, --- California, GRANTING A CONDITIONAL USE-PERMIT ON APPLICATION V-69-256 OF TACO BELL (to permit a take-out food establish- ment frontlng approximately 205' on the southeast side of Newport Avenue, and approximately 135' on the northeast side of Mitchell Avenue.) Moved b}, Marsterss seconded by L. Miller, that Resolution 'No. 1033 be read by title only. Carried unanimously. Moved by Marsters~ seconded by Oster, that ,Resolution No. 1033, granting a conditional Use Permit on Application V-69-256 of Taco Bell, be passed and adopted. Carried unanimously. Mr. O. Miller absent. VIII. NEW BUSINESS 1. ORDINANCE NO. 455 An ordinance of the City of Tustin, California, amending the Tustin City Cqde relative to UNDERGROUND UTILITIES. The following changes were suggested and incorporated in Section 6-4.5(a) of proposed ordinance: --- Line 2: addi6ion of the word enclosed (whenever enclosed floor area) Lines 4 and 5: the wording zones permitted for single family residential use, to replace R-1. Moved by L. Miller Jr seconded by Oster, tba.t 9rdinance No. 455, amending the Tustin City Code relative to underground utilities,~ have .fiTst readinM by title only. Carried unanimously. Council Minutes Page 4 12-1-69 2. Improvement Agreements for Sanberg and Lebanoff Parcel Map. Location: West side of pasadena Avenue north of Main<Street. Moved by Oster~ peconded by L..MillpF', that the Mayor-',and City Clerk be authorized to execute improvement a~reement for the Sanberg and Lebanoff parcel map. Carried. 3. RESOLUTION NO. 1034 A resolution of the City Council of the City of Tustin, California, AMENDING AND REVISING PROVISIONS OF THE I969- 1970 BUDGET relative to compensation, salaries and authori- zation of positions. Mayor Coco explained that this resolution incorporates reconnnendations to augment the City staff and contains ° certain deletions and increases in key areas. He stated that it is possible for the Council to approve portions of the resolution and to defer portions to a personnel session. Consideration of any individual should be a matter for a closed personnel session. Moved by Marsterse. seconded by Oster., that consideration of Resolution 1034 be deferred. in its entirety to a closed per- sonnel session. In answer to Mr. Marsters' question as to whether timing is critical, Mr. Gill said that prompt action would be appreci- ated. Mr. Marsters felt that as a new Councilman Mr. Oster should be brought up to date on this matter. Mayor Coco agreed with Mr. Marsters that Mr. Oster should be brought up to date, but the Council has considered most of the items covered in o~her sessions and can act and should act where possible in public. He then suggested that item A-1 regarding the Assistant City Administrator be deferred and remainder of motion be adopted in public. Mr. Oster stated his only reason for deferment was for more informati'on and that he will abstain in public until briefed. M= Oster withdrew his second to above motion. Mr. Marsters withdrew his motion. Mayor Coco spoke of the 35% to 40% growth in the City each year for the last few years and the fact that the per capita employee rate has gone down. This growth as shown problems. Some services and commis~ions' needs can be brought up to ef- ficient performance with additional personnel. Moved by L. Miller~ seconded by MarsteF?', that Resolution No. 1034, with the deletion of the first range and step ~" have first reading. by title only. Mr. N. Halus, Chairman of the Planning Commission, urged the Cou'ncil to consider adequate staffing and the keeping of an Assistant Planner stating that support of a teCh- nieat aspect must be given to ~ommissions and Ceuneil~ Mr. William Moses of the Tustin News stated that he had reviewed this resolution and it appears that this action should improve the situation for the Planning Commission. He felt that Mr, Gill had given these needs sufficient study and this resolution seems to be a good attack and does seem like logical business. Council Minutes Page 5 12-1-69 The Council voiced their pleasure in the new staffing of the Planning De~artmen~ and the additions to the Police Department, and. the addition of a traffic engineer. = Above motion carried. ~i~:~ Moved by Marsters~ seconded by L. Miller, that Resolution No. 1034, as amended, be passed and adopted. Carried, Mr. Oster abstaining. 4. ~equested extension of Hon Development Company a~eements. Moved by O.ster~ seconded by Marsters, that terms of aMreement · yith Batty Hon relative to property in McFadden Street, east- erly of Tustin. Village Way be extended to December 30? 1970. · Carried.. ' 5. Approval of Demands Moved by L. Miller? seconded by Marsters, that demands in the amoant Of $52,625.56 be aperoved. Carried, Mr. Oster abstained. IX. OTHER BUSINESS Following reports presented: 1) T.N.T. report from Chairman C. Greenwood - Workshop to be held December 2, 1969. 2) ,Newport Avenue Off-Ramp - Mr. Gill stated he would be meeting with Mr. J. Legarts, State Highway Engineer, on December 5. He also commented on correspondence and support from Congressman Utt. 3) status report on current Park Development pro.~ects from Jack Harrison, Recreation Director - no action necessary. 4) Design for First Street Center islands - Prospect Avenue to Centennial Way Moved by Marst~rs? seconded b7 L. Millet that plan "C" be adopted and work to be put out for bids. Carried. 5) Irvine Boulevard Center Island - Newport Freeway to Yorba Street Moved by L. Miller~ seconded by Marsters, that Irvine poul~vard Center Island be approved as currently' designed with the Wishing Well placed on the second center island. Carried. Councilman Ma~sters requested ths ~ the Council receive some input from the Parks and Recreation Commission and Planning CommisSion on this decision. 6) Proposed Center Island Development Polic~ - as presented to the Parks and Recreation Commission from Richard Edgar, Chairman. This report deferred to next regular meeting for further study and review. 7) Mr. Gill stated he had talked with Mr. Shaw of the State ,Highway Department relative to new signing. Mr. Shaw had stated tha~ there are many complications to resigning. Some new signing will be installed but due to the work load'it takes ~ to.5 months to replace signs. Mr. Shaw is making a reconunendation that population signs be in Council Minutes Page 6 12-1-69 round figures rather than exact count. He is recom- mending rounding to the next 51000 figure; thus, 18,300 would be posted at 20,000. This would eliminate constant changing and many obsolete signs. 8) Mayor Coco,announced that three terms of office on the Parks and Recreation Co~L~ission expire December 31st. __ Ma~pr Coco announced a County-City Workshop relative to the 17th Street area to be held December 4th. 9) Request of Coldwell Banker for workshop with the Council relative to development o~ Irvine Boulevard and Prospect Avenue. Matter deferred to December 15th meeting. Following correspondence and reports received: 1) Relative to approach patterns at Orange County Airport - Robert Bresnahan, Director of Aviation. 2) City Holiday Schedule - 1970. 3) Letter commending Public Works Maintenance men - Tustln Jaytees. 4) Letters commending Police Department and certain officers - San Fernando Valley Council of Boy Scouts of America, Lumbermen's Mercantile Company, Department of California Highway Patrol. .5) Letters commending Tustin Fire Department - Barbara Bates and Karl Stein, Cub Scout Pack 322, Mrs. DaleLTrombo. 6) Tustin Project Postponed - The Register, 11-20-69. 7) SuperVisors to Vote on Harbor District - Los Angeles Times, 11-25-69~ Meeting declared adjourned to a personnel session. Council reconvened to regular meeting. Substitute Resolution. No. 1034 introduced. Moved by L. Miller~ seconded b7 0ster, that Substitute Resolution 1034 be passed and adopted'. Carried unanimously. Councilman C. Miller absent. X. ADJOURNMENT Meeting declared adjourned. ~ MAYOR CL CLERI{