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HomeMy WebLinkAboutCC MINUTES 1968 07 01 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL July 1, 1968 CALL TO Meeting called to order at 7:30 P.M. by Mayor Coco. ORDER II. PLEDGE OF Led by Mayor Coco. ALLEGIANCE III. ,INVOCATION Given by Father John Sammon of St. Cecilia's Catholic Church. ROLL ' Present: Councilmen: Coco, Mack,'Klingelhofer, Miller, Marsters CALL Absent: Councilmen: None Others Present: City Administrator Harry Gill City Attorney James Rourke City Clerk Ruth Poe Planning Director James Supinger APPROVAL Moved by Marsters, seconded by Klingelhofer that minutes of June 17th OF MINUTES meeting be approved as mailed. Carried. · ~ Mayor Coco called Chief Hilton and Captain Brian Goetting for~ard and read letter of commendation of the City~s appreciation for the fine service and rescue perfqrmed at the fire on May 21st at 247 Preble Drive. PUBLIC 1.. ZONE CHANGE 68-177 OF GEORGE ARGYROS ON BEHALF OF CARL HEARINGS STUTSMAN - continued from 6/17/68 TO CONSIDER REZONING OF APPROXIMATELY 4.75 ACRES FROM THE "U" DISTRICT TO THE R-3 DISIRICT. Site frqnts 330 feet on the Northeast side of Walnut AvenUe approximately 1,000 feet Southeast of the centerline of Newport. Hearing continued from June 17~h was opened at 7:36 P.M. Mr, OeorKe ArKyros of 415 W. Fourth St., Tustin,, developer with Mr. -0. Stutsman stated that they had meant to apply for R-3-1750 as shown 'in the minutes of the Planning Commission hearing. Mr. Argyros stated that he had checked with the surrounding property owners and had no objections from them. He had talked to Mr. Smith, builder to the East and they had worked out details such as common walls and Mr. Smith was not apposed to this' zoning. .Mr. Supinger described the location of the subject property and presented the Planning Commission recommendation for approval. There being no objections or further comments the hearing was declared closed at 7:40 P.M. ~oved bF ~lin~elhofer~ seconded bM Mack that Zone Chan~e Aoolication No. 68-177 be aGoroved and the City Attorney directed to draft the necessary ordinance. Carried unanimously. '2. ZONE CHANGE 68-178 OF JOHN AND ELIZABETH J. MARR APPLICATION OF JOHN E. AND ELIZABETH J. MARR ON BEHALF OF W. O. AND M.A. ENDERLE FOR REZONING (ZC 68-178) FROM THE R--1 (SINGLE FAMILY RESIDENCE) DISTRICT TO THE R-3 (MULTIPLE FAMILY RESIDENCE)DISTRICT. Property fronts approximately 760 feet on the West side of Yorba St., runninS. Northerly from the intersection of Yorba St. and Jacaranda St. Council Minu~es ?/1/68 Pg. 2 Mr. Supin~er presented Staff Report, location, and Planning Commission recommendation for denial by a 6-0 vote. Hearing opened at F:43 P.M. Mayor Coco read letter from Mr. M. Enderle requesting a continuance of this hearing. Mayor Coco asked if anyone present would like to speak on this matter tonight, with the understanding that Mr. Enderle or a representative is not present. ~r, D. C. Hanson, 17352 Jacaranda, spoke in opposition and stated that petitions s~gned by ?J property owners had been presented at the Planning Commission hearing. Substantial investments were made by these residents, Mr. Hanson stated that as there was no R-D in this area this would be spot zoning and would be increased density with ~ncreased traffic problems and the residents in the area were definately opposed to this zone c~ange. Others opposing this zone change were: Mr. J. Mathias, Secretary-Treasurer of Enderle Gardens Property Owners Association Mr. Charles Brisco, 17371 Jacaranda Mr. J. A. Nelson, 14322 Wisteria Lane. M~. Brisco requested that since there was a unanimous vote for denial of this application by the Planning Commission that the Council decide this matter at this meeting. Councilman Marsters stated that he could not see dragging this out and would be in accord to move on the matter tonight for denial. ~oved by Ma_~sters~ seconded b~ Miller, that Zone Change Application No. 68-178 be denied. Councilman Mack stated that although he might be in agreement, he felt that in all fairness the applicant should have his day before the Council and he would be in favor of a limited extension. Councilman Miller thought that this noticed hearing was the chance to be heard by the applicant as well as by those present. In answer to questioning Mr. Hanson stated that the applicant had not yet approached any of those residents in his group. Couueilman KlinKelhofer stated that he was in favor of deciding this 'matter tonight. ~otion for denial was carried by roll call. Ayes: Coco, Klingelhofer, Miller, Marsters. Noes: Mack. Absent: None. Councilman Mack reiterated that his only basis for a no vote was that he felt the applicant should be heard. 3. ORDINANCE NO. 408 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING ORDINANCE NO. 305, AS AMENDED, RELATIVE TO SIGNS IN PLANNED COMMUNITY DISTRICTS.. Hearing opened at 7:55 PoM. ~. SuDin~er presented recommendations of the Planning Commission for approval of this application and explained that the purpose of this ordinance is to clarify the status of signs in PC Districts which are not covered at the present time. There being no comments or objections the hearing was declared - closed at 7:.56 P.M. CouncL1 Minutes ?/1/68 Fg. 3 Moved by M_iller__, seconded by K!in~elhofe_r that Ordi~_~nce No. .~08, relative to signs in Planned Community Distr'icts, have first reading by title only. Carried unanimously. .Mayor Coco declared a recess to enable the Fire Department to show the film "The Big Problem" produced by Mark VII Produe{ions. OLD 1. ORDINANGE NO. 409 BUSINESS AN ORDINANCE OF THE CITY OF TUSIN, CALIFORNIA, REZONING PROPERTY ON APPLICATION NO. 68-176 OF LUDWIG. .Moved _by Mack,..seconded by Marstore. that Ordinance No. ~09, approving Zone Change 68-176 of Ludwig, have first readinK by title only. Carried unanimously. VIII. " NEW 1. RESOLUTION NO. 947 BUSINESS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, INFORMING THE ARTERIAL HIGHWAY FINANCING PROGRAM ADVISORY COMMITTEE OF THE STATUS OF THE CITY OF TUSTIN MASTER PLAN OF ARTERIAL HIGHWAYS. .Moved by Klinlelhofer, seconded by Ma.c__k that Resolution No. 94? .be'read by title only. pouncilman Miller commented on the widening of Yorba Street which is a Secondary Highway on the City Select System. His concern was for the Deodar trees. With .the Newport Freeway now taking most of the through traffic, he re]it the alternative would be to take Yorba Streetoff of the list of select streets and not widen it to the 80'. In answer to questioning Mr. Gill stated that if Yorb~ Street was taken off the select list, maintenance and construction could not be done with Gas Tax funds. Mr. Gill also said that there was scme question as to the longevity of the trees and that in any case the plan can always be amended and if this Resolution is adopted the City could place a freeze on any street until a solution is reached. pouncihan Miller stated that under those conditions he would withdraw his objections. Above motion carried unanimously. Moved by Mdck, seconded by Marsters that Resolution No. 947, informing the Arterial Highway Financing Program Advisory Committee of the status of City master plan of arterial highways, be passed .and adoDted_. Carried by roll call. Ayes: Coco, Mack, Klingelhofer, Miller, Marsters. Noes: None. Absent: None. 2. ORDINANCE NO. 410 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE RELATIVE TO SWIMMING POOL WASTE WATER. Costs and problems of pool drainage into streets was discussed. It was felt that as all of Tustin is sewered the Ordinance should call for draining of pools into sewer lines where sewers are avail- able, not only where a home has sewer service. .Mr. Gill stated tb~ t it can now be required that pool water not be drained into the streets. This Ordinance defines what to do with the drainage water. This amendment refers to new installations only. Mr. Gill said that if the Council desired to defer action until the next. meeting the staff could present further clarification. Moved by Klin~elhcfer~ seconded by Mersters that any action on Ordinence Mo. 410 be deferred to the next regular meeting. Carried. Council Minutes 7/1/68 Pg. 4 3. ORDINANCE NO.411 - 1ST READING AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING REGULATIONS AND PROCEDURES FOR THE REMOVAL OF OVERHEAD UTILIIY FACILITIES AND THE INSTALLATION OF UNDERGROUND FACILITIES IN UNDERGROUND UTILITY DISTRICTS. Moved by Miller,. seconded by Marsters that Ordinance No. 41!, establishing regulations and procedures relative to Underground Utility Districts, have first reading by. title only. Carried unanimously. __ 4. STREET CLOSING REQUESTS FOR FOURTH OF JULY BLOCK PARTIES. 1. 1500 block of Wheeler Place from 5:30 P.M. to 11:00 P.M. Moved by Mi].ler, seconded b~y_Mack that this request presented by Mr, J. Randolph be approve'd. Carried. 2. ~15~_81 Diamond Head to Kalua Lane from 7 P.M. to 10 P.M. Moved by Miller, seconded by Klin~elhofer that this request by Mrs. Robert Clarke be f~ranted. Carried. 3- Woodlawn Ave. between Nisson Rd, & Veeh Dr. from 9 A.M. to 5 P .M. Moved by Mack, seconded by Marster_s that this request by Mr. D. McMahon be granted. Carried. 5. AUTHORIZATION FOR MILITARY LEAVE AND VACATION FOR CITY _ADMINISTRATOR AND APPOINTMENT OF AN ADMINISTOR PRO-TEMPORE Moved by Miller~ seconded by Mac__k tMt the .C. ity Administrator be authorized to be absent for Military Leav_!e, July 28-August 10, 1968, and Vacation. August 25-September 3, 1968, and that the following ' be appointed as Administrator Pro Tempore for the periods indicated; Morgan Hilton: July 28-August 3, 1968 James Willjams: August 4-Aug~ast 10, 1968 Ruth Poe: August 25-September 3, 1968. Motion Carried. 6. APPROVAL OF DEMANDS Moved by Marsters, s_econded b~ Mack that demands in the amount of ~,059.47 be paid. Carried. ! IX. OTHER 1. ANNUAL HOLIDAYS BUSINESS Mr. Gill presented a report of the 11 1/3 holidays specified in the Government Code of the State of California, which also states that cities shall close on days specified unless othen,;ise provided by ordinance. Mr. Gill's report recommended that the City adept its holiday schedule by ordinance to replace Resolution No. 754, as amended by Resolution No. 802,' which now provide for nine City holidays. Moved by Klin~elhofer~ seconded by M_arsters that the City Attorney be directed to draft -~n ordinance including the existing holidays in Resolution No. 754, as amended, and the inclusion of two ½ days of Christmas Eve and New Years Eve. Motion carried, 2. NEWPORT AVE. OFF RAMPS - SANTA ANA FREEWAY Report received from the City Engineer om rejection of this request by the Freeway Coordina,timg Committee. In his r~ oft Xr. Myers stated that some of th'e Committee felt that estimates of 1980 traffic volumes on Newport and Red Hill Avenues and effect on these streets by the addition of the Ne~,zport ramp would be necessary. A study Council Minutes made by a consultant would cost about $800.00. The Committee seemed unconcerned that buying the right of way now could save the state over $50,000. over what the land would cost in the future when land is developed. Mr. Myers suggested that the City review what other routes may be open to the City and if none appears to · offer greater promise, the City proceed with having a traffic study Councilman Mack felt that in all fairness tb property o~mers, if the City is going to pursue this matter it should do so now. He suggested that a committee be formed to resolve the answer - either as the City Engineer suggested or the political route such as was used before. Th~s would entail working through the County Road Department, the Co~mnity at large, th$ Chamber of Commerce, etc. ,Mayor Coco stated that the economic Benefits of purchasing land at - this time should be of interest to Tustin and. the taxpayers of the entire state. ~oved ~y Mac~ seconded by KlinMelhofer that the Council start proceedings on a political basis & encourage the Chamber of Commerce to set up a committee to start proceedings to gain off raw~ in north bound lanes of the Santa Ana Freeway at Newport Avenue. Carried. 3. RES0LUTION NO. 948 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, OPPOSING AB-202 It ~as stated by Mr. Gill that this Resolution 'opposes amendments to the Brown Act which would extend the Brown Act to any advisory committee whether of public officials or citizens and to either elected or appointed officials~or employees. Mr. Gill also stated that this matter is urgent as this amendment has been passed by the assembly and the Senate Committee and will be before the Senate this week. .Moyed~by. Miller, seconded by Marstots that Resolution No. 948 be. read by title only and a ~ele~ram be sent to ea.ch 0ranM~ County ~enato___Er urging them to take action against this bill. Carried. ~ayor Coco said he would phone Senator Schmitz and he felt that the telegrams should carry the full text of the Resglution. '~oved by MaCk~ seconded by Marstore tha~ Resolution No. 948, opposing !B-202 be passed and adopted. Carried unanimously. 4. ORANGE COUNTY HARBOR DISTRICT ELECTION - BRIGGS BILL Councilman Klin~elhofer stated that the League of Cities does a great deal, but at times are not as effective as they should be. He felt that the most effective way to get action is to represent directly as well as collectively. The League vote was practically unanimous to have the Harbor District dissolved and yet the County Supervisors turned a deaf ear, except for Mr. Baker. Their·main reason seems to be that they don't want the district tax rate to go in the general tax rate..Dr. Klingelhofer felt that the Council is on the right track, but that many cities do not send their views to the legislature, Tustin should do this more often and find out from the legislature just how effective we are. Councilman Miller felt that the CoUncil should take some action to support Assemblyman Briggs bill, The Harbor District was created by a vote of the people and should ~o on the November ballot and let the people decide whether or not they want the Bistrict continued. On the request'of Councilman Klingelhofer, Mayor Coco directed that ~. Rom'ke find out the status of the Briggs Bill. Council Minutes ?/1/68 Pg. 6 5. REPORT FROM CITY ATTORNEY - APPELATE COURT DECISION ~ INTERPRETING THE BROWN ACT. Written report presented. ~,, Councilman Miller felt that the idea behind the Brown Act is · a good one. Public bodies should not meet secretely and transact business that the public cannot be made aware of, but the fact is that it is being extended to the ridiculous extent that no two Councilmen could meet on any occasion without giving 2~ hour notice Mr. Gill mentioned that this would also apply to the office of City Administrator. .Mayor CocQ stated that the criteria once was one of decision making. · It was felt that if no decisions were made at a shirt sleeve session the Brown Act would not be violated. We have the opinion no~ of the City Attorney that this is no longer a criterion and that whether or not a decision is made the Brown Act is violated. 6. FIRST STREET CENTER ISLAND DIVIDER Report on status of First Street Center Island presented by Mr. Gill. The Council concurred with this report and felt that this matter should be left in staff hands. Although. not moving as quickly as hoped, there are circumstances such as working with property owners that make actions reasonable. The Council's intent is being carried out at this time. 7. SIGN ORDINANCE AMENDMENTS Mr. Supinger reported that a draft of all amendments will be sent to each Councilman this week. The Council requested that this matter be placed on the agenda for the next meeting and decision made at that time as to the necessity of another workshop. Mr. Fred Waitma__n, Chamber of Commerce Manager, stated that the Sign Ordinance would be studied by their committee July 9th and their recommendations submitted to the Board of Directors on July 24th. A written report will be prepared for the Council. 'Mr. Larry_Webster soeakin~ for Mr. Halus, Chairman of the Planning Commission, stated that the Commission would be happy to participate in a workshop, but that it was felt that a .workshop would add nothing. It is his opinion that these amendments should be set for a public hearing at the earliest possible date. 8. SUPER RECREATION PROGRAM REPORT Mr. Gill reported that this has been a very successful program and registration for day camps and excursions far exceeds that of other years and that between 250 and 300 had artended the teen dance. The exceptions were the adult excursions which may have to be cancelled (other than those for the Senior Citizens), and the band with about ~ 34 participants which will not cover the cost. Councilman Miller stated that he would not like to see the band cancelled and felt this to be a good start and that the band would grow in future years. REPORTS AND CORRESPONDENCE RECEIVED 1) Petsenamel Activity Roster - Harry Gill 2) Denial of request for sharing recreat~.ofi costs - Dr. W. T. Gaffey, Superintendent of Elementary School District. Council Minutes 7/1/68 Pg. 7 - 3) Tustin Centennial Committee Report - J. Willjams Mayor Coco stated th~s had been a very fruitful meeting with several ideas-brought. up including tiei~g i~ the Snow Blast at the ~stin .Area Youth Center' on July 14th with the Centennial. " 4) Parking Regulations for Apartments - J, Supinger .Mr. Gill stated that this report'is not intended to be a recommendation in terms of the Council request. The study is still underway. 5) Legislative Bulletin - League of California Cities 6) Resolution of 1968 Orange County Grand Jury regarding City and County ordinances establishing system of permits for privately owned X-ray units. Mr. Rourke suggested that in as much as the County Health Department is our health department, the City wait and see what the County does on this, They probably will adopt an ordinance and will then ask the City to adopt it. 7) Letter commending the City on the Service Statio~ Minimum Site Development Guide - California Roadside Council. 8) Elimination of Nonconforming SigNs by American .Society of Planning Officials. ADJOURNMENT Moved by Klingelhofer, seconded by Mack tb~t meeting be adjourned. Carried. MAYOR