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HomeMy WebLinkAboutCC MINUTES 1968 11 18 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL November 18, 1968 CALL TO Meeting called to order at 7:32 P.M. by Mayor Coco. ORDER II. PLEDGE OF Led by Mayor Coco. ALLEGIANCE III. INVOCATION Given by Councilman Klingelhofer. IV. ROLL Present: Councilmen: Coco, Mack, Klingelhofer, CALL Miller, Marsters Absent: Councilmen: None Others Present: City Administrator Harry Gill City Attorney James Rourke City Clerk Ruth Poe Planning Director James Supinger V. APPROVAL OF Moved by Marsters, seconded by Mack that minutes MINUTES of the November 4th meeting be approved as mailed. Carried. Mayor Coco introduced the following students from Tustin High School taking part in this meeting as a part of the Youth In Government program: Pam Crippen, Cindy Fortner, Linda Brizzi, Carol Poe, Scott Klsin, John Urell, and Jim Mertz. Councilman Mack introduced his son, Dennis, also a Tustin High student. VI. PUBLIC 1. ZC 68-187 CITY INITIATED HEARINGS For rezoning of a parcel of land with an area of approximately 2.5 acres from the U (Unclassified) District to the R-3-1750 (Multiple Family Resi- dential, one unit per 1,750 square feet of lot area) District. Subject parcel is a portion of a 13.5 acre parcel fronting 625 feet on the northwest side of Red Hill Avenue and 910 feet on the southwest side of Walnut Avenue. Hearing opened at 7:35 P.M. Mr. Supinger described the subject location. There being no objections or comments, the hearing was declared closed at 7:36 P.M. Moved by Klingelhgfer, seconded by Mack that Zone ~hange 68-187 be a__pproved and the City Attorney directed to draft the necessary ordinance. Carried. Council Minutes 11/18/68 Pg. 2 2. APPEAL - V 68-219 OF TRIANGLE INVESTMENT CO. An appeal of the decision of the Tustin Planning Commission denying the application of Triangle Investment Company for a variance (V 68-219) to permit the modification of an existing noncon- forming pole sign identifying the Newport Plaza Shopping Center. Modification involves an increase of sign area by 216 square feet, and would exceed the permitted height of 20 ft. 6 in. by 9 ft. 6 in. Site fronts approximately 300 feet on the south side of McFadden Avenue and approximately 500 feet on the northwest side of Newport Avenue. Hearing opened at 7:38 P.M. Mr. Supinger explained the location of the subject sign and the shopping center. Mr. George Argyros, one of the owners of the center, requested that this application be referred back to the Planning Commission or continued by the Council to a later date for the' following reasons: 1. He had been detained and was not present at the hearing on this matter before the Planning Commission and had therefore not been able to present their case. 2. He would like this matter to be reheard after the Sign Ordinance workshop. 3. The Commission and the Council should be flexible and judge on the merits of the case at hand. Everything is not just black and white and each piece of property is different. Councilman Mack and Councilman Klingelhofer both stated they would be ~h favor of returning this to the Planning Commission based on'the fact that the applicants were not present to be heard at the original hearing. There being no further comments and no objections, the hearing was declared closed at 7:40 P.M. Mr. Rourke stated that if referred back to the Planning Commission, the hearing could be renoticed for a date set by the staff in 6ooperation with the applicants. Moved by Mackr seconded by Miller that the appeal of Variance No. 68-219 be returned to the Planning Commission to be heard at a date to be renoticed and set by the staff in cooperation With the applicant. Carried. Council Minutes 11/18/68 Pg. 3 VII. OLD 1. ORDINANCE NO. 423 BUSINESS AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, REZONING PROPERTY ON APPLICATION NO. ZC 68-186 OF G.L.A. Rezoning of an 0.33 acre portion of a p~rcel totalling 4.04 acres which fronts approximately 292 feet on the north side of First Street from the R-3 District to the C-1 District. Rezoning runs the full width of the property for a depth of approximately 55 feet on the north side of the existing building occupied by Shakeys Pizza Parlor. Moved by Miller, seconded by Mack that Ordinance No. 423, rezoning property on application No. ZC 68-186 of G.L.A., have first reading by title only. Carried unanimously. 2. ORDINANCE NO. 424 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA REZONING PROPERTY ON APPLICATION NO. 68-181 OF HALL. Rezoning approximately 2.46 acres from the C-1 District to the R-3-1500 District. Site is a portion of a parcel totalling 4.63 acres which fronts 672 feet on the north side of First Street, approximately 175 feet east of Prospect Avenue and across from the Post Office. Moved by Mack, seconded by Klingelhofer that Ordinance No. 424 have first reading by title only. Carried unanimously. Mayor Coco explained that this Ordinance is before the Council for both first and second reading and adoption as an urgency measure. Under California State law, it is possible to hav~ bcth readings and adoption at the same meeting under certain conditions. Moved by Mack, seconded by Klingelhofer that Ordinance No. 424 have second reading by title only. Motion failed to carry unanimously - Mayor Coco voting no. Moved by Ktingethofer, seconded by Mack that Ordinance No. 424 have second reading in its entirety. Carried, Mayor Coco voting no. Moved by Marster$, seconded by Mack that Ordinance No. 424, rezoning property on Application No. 68-181 of Hall, be passed and adopted as an urgency measure. Councilman Miller questioned the legality of passing an Ordinance as an urgency measure that is more for a private benefit than a public good. Mr. Rourke stated that there must be a finding of some public necessity even though private benefit is derived. Council Minutes 11/18/68 Pg. 4 Councilman Miller stated he had voted for many urgency measures of direct concern to the City having to do with such things as accrual of funds for taxation, or street improvements, but this seems to be outside that character of an urgency matter. It is a shame that there has been a staff error that has delayed this and caused a hardship on the applicant, but it doesn't fall within the sphere of the urgency provisions of the Code. Mayor Coco said that as he understands it, the State gives the Council the prerogative to determine these matters. It may fall into the realm of a compensating move on the part of the City to grant the property owners some relief,for the error on the part of the City. Councilman Marsters stated that he would be in accord with adopting this as an urgency measure because it was evidently an oversight of the City. Through neglect, this was not presented at the proper time and it is a penalty to the land owner. Councilman Klingelhofer concurred with Councilman Marsters and stated that inasmuch as it was an oversight on the part of the City, the Council has an obligation to the property owner. There does not seem to be great problems with this zone change that would require even greater caution. Mayor Coco stated he has nothing against this Ordinance but has his usual rel'uctance to go on with what he considers a rather frequent abuse of the urgency privilege so on that basis he voted. Roll call vote on motion to adopt Ordinance No. 424: Ayes: Mack, Klingelhofer, Marsters. Noes: Coco, Miller. Motion failed as a 4/5 vote of the Council is necessary to pass an urgency measure. Mr. Rourke stated that the idea of the law is that there would be sufficient time elapsing between the introduction, reading and final adoption of an Ordinance so that it will not be enacted hastily and the public will have an opportunity to know what it is that is proposed. The law recognizes the fact, however, that there are times when emergencies come up and has set up a method of accomplishing passage of necessary Ordinances. Councilman Miller stated he would like to change his vo~e on this matter and moved that the Council reconsider the vote on this motion, seconded by Mack, and carried. Motion to adopt Ordinance No, 424 as an urgenc~ measure carried by roll call vote. Ayes: Mack, Klingelhofer, Miller, ~arsters. Noes: Coco. Absent: None. Council Minutes 11/18/68 Pg. 5 3. PROPOSED WINTER RECREATION PROGRAM OF THE PARKS AND RECREATION COMMISSION Cont'd. from 11/4/68 It was the opinion of the Council that the excursions are not as valuable at this time of year due to all the school activities and the $2,500 recommended for this use would be better spent on a bigger and better summer program or on the teenage dances. Moved by Klingelhofer, seconded by Mack that the ~gquest of the Parks and Recreation Commission be a_~..proved with the exclusion of the excursions and elimination of the band program and a total of $1,375.00 be transferred from Unappropriated Reserve to Department 8200. After further discussion by the student council, the above motion was carried, Councilman Marsters voting no. 4. FILLING IN OF UNIMPROVED PARKWAYS Mr. Gill stated that t~e beautification money from the Property Transfer Tax is going into the First Street center island and that the funds for improving parkways would have to come from the Undistributed Reserve. On the question of priority programs, Mr. Gill stated that this is not one of the items deleted from the current budget, but there are reserve funds which could be transferred for this purpose. It was the concensus of opinion of the Council that these funds should not be allocated at this particular time. The Council should wait until the next budget session and consider this as a budget item. There are more important items which were cut from the budget at the time of adoption that should be considered after the first of the year. ~ayor Coco directed that this matter be considered at the next budget session. 5. AIR CONDITIONING OF EXISTING CITY BUILDINGS Councilman Marsters requested that funds be appropriated for this pro3ect before another summer comes. The next budget will not be adopted before july of 1969 which will Fe well into the hot months. Councilman Marsters recommended the installation of the window type conditioners. The Council agreed that with the increase in employees and the fact that some offices are without proper circulation, some form of air conditioning must be provided. Council Minutes 11/18/68 Pg. 6 Moved by ~arsters, seconded by Mack that the Council a_ipropriate $4,200 including a $300 contingency, for air conditioning in City offices. Said amount to be transferred to'A~count No. 1882. Carried. VIII. NEW 1. RESOLUTION NO. 970 BUSINESS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ANNEXING TO THE CITY OF TUSTIN CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED "BOLYARD ANNEXATION". Annexation consists of 8.72 acres located sou~h of the Santa Ana Freeway, east of Pasadena, and North of Myrtle, in the South Tustin area. Moved by Mack, seconded by Marsters that Resolution No. 970 be read by title only. Carried unanimously. Moved by Miller, seconded byKlingelhofer that Resolution No. 970, annexing to the City of Tustin certain uninhabited territory designated as Bolyard Annexation, be passed and ~do~ted. Carried by roll call. Ayes: Coco, Mack, Klingelhofer, Miller, Marsters. Noes: None. Absent: None. 2. APPROVAL OF DEMANDS Moved by Mack, seconded by Marsters that demands in the amoun~ of $42,353.75 be approved. Carried. IX. OTHER 1. REZONING WITH CONDITIONS BUSINESS Mr. Rourke presented correspondence relative to rezoning with conditions. 2. RESCHEDULING OF SIGN ORDINANCE WORKSHOP The Sign Ordinance workshop was scheduled for Monday evening, December 2nd, immediately follQwing the Council meeting. 3. ECONOMIC DEVELOPMENT STUDY 'Report received from Mr. Gill, who also stated there were two more interviews scheduled. 4. FIRE STATIONS - Building, Equipment and Maintenance through County Funds. Resolution in opposition received from the City of Seal.Beach. Councilman Miller stated that a committee report had been sent to the League of Cities, Orange County Division. The Committee has agreed on the principle that the cities do not want to be subsidizing fire service districts. He did not know if it would be helpful or not for the City to pass a resolution on this matter. ' Councilman Kl~elhof~r stated that the County Board of Supervisors is awaiting the League of Cities Co~nittee recommendations. Council Minutes 11/18/68 Pg. 7 Councilman Mack felt that even though the Committee would be studying this'.in depth, any individual City should take action and send a copy of the action to the Committee and tothe Board of Supervisors. He requested that the City Attorney draft a Resolution for the next regular Council meeting opposing this issue. Mr. Gill stated that as studies are still being ~ade, he felt the City might be a bit premature in making a statement at this time. Councilman Miller stated he did not believe there would be any facts or figures from the Committee before January. This is a complex matter and he reocmmended that the Committee enunciate very clearly the principle they would like followed and try to put before the County what is desired and have them come up with a counter proposal that shows that cities will not be subsidizing ot~er people. He is pressing for some conclusions in principle - not in detail. tt is difficult to get any factual report, but he'has asked for one from the districts by the first week in December. Councilman Mack withdrew his request until after the first meeting in December. 5. TUSTIN HIGH SCHOOL LANDSCAPING Moved by Mack, seconded by Marsters that the City Attorney draft a Resolution for the next regular meeting expressing the City's desire to see the area in front of TUstin High School landscaped in a manner befitting the City of Tustin. Carried. The following reports and correspondence were received: 1. Budget Analysis for First Quarter - 7/1-9/30/68 2. Status of Agricultural Preserves H. Gill 3. Fire Suppression Monthly Report - Chief Hilton 4. Police Department October Activity Summary - Chief Sissel 5. Retirement of City of Orange Manager, George Weimer 6. Resolution regarding Santa Ana Community Relations Program - Orange County Community Action Council 7. Proposed rebuilding of Downtown Anaheim published by Los Angeles Times Council Minutes 11/18/68 Pg. 8 ADJOURNMENT Meeting adjourned to a personnel session. Present: C6uncilmen Coco, Mack, Klingelhofer, Miller, Marsters; City Administrator; City Attorney; City Clerk. Moved by Mack, seconded by Marsters that the meeting be adjourned. MAYOR CITY CLE~.~