HomeMy WebLinkAboutCC MINUTES 1968 02 05 MINUTES OF A REGULAR MEETING
TUSTIN CITY COUNCIL
February 5, 1968
CALL TO Meeting called Go 6rder at 7.:30 P.M. by Mayor Mack.
ORDER
II....
PLEDGE OF Led By Mayor Mack.
ALLEGIANCE
III.
INVOCATION Given by the Reverend George Munzig of Trinity United
Presbyterian Church of Tustin.
IV.
ROLL Present: Councilmen: Mack, Klingelhofer, Coco, Miller, Ring.
CALL Absent: Councilmen: None
Others Present: City Administrator Harry E. Gill
City Attorney James G. 'Rourke
City Clerk Ruth C. Poe
V.
APPROVAL Moved by Klingelhofer, seconded by Coco that minutes of
OF MINUTES ~anuary 15, 1968 be approved as mailed. Carrled.~'~?
PUBLIC 1. RED HILL AVENUE - COMO ROAD...ANNEXATION (REVISED)
HEARINGS
LOcation: 40 acre parcel known as Borchard at
Southerly corner of Red Hill and Edinger, and 5 acre
.parcel known as Mullin Lumber Co. at Northerly corner
of Red Hill and Edinger.
Hearing opened at 7:32 P.M.
City Clerk reported no written protests or correspondence
received.
There being no protests or commentst the hearing was
declared closed at 7:33 P.M.
Moved by Miller, seconded by Klingelhofer that Ordinance
No. 386, approving the Red Hill A~enue - Como R6ad
Annexation (Revised), have first reading by title only.
Carried unanimously. "
2..B. ROWNING AVENUE ABANDONMENT
RESOLUTION NO. 927
RESOLUTION AND ORDER OF ABANDONMENT OF A PORTION OF A
PUBLIC STREET ON BROWNING AVENUE BETWEEN WALNUT AVENUE
AND NAVY WAY IN THE CITY OF TUSTIN, CALIFORNIA
Hearing opened at 7:35 P.M.
Clerk reported that no correspondence had been received.
.C.ouncilman Klingelhofer e~plain.ed that this is not a
constructed street, but a potential extension of an
existing street.
There being no proteDts or comments, the hearing was
declared closed at 7:36 P.M.
-Council Minutes
2/5/68 Pg. 2
Moved by Klingelhofer, seconded by R~ng that
Resolution No. 927 be read ~y title only. Carried
unanimously.
Moved by Coco, seconded by Miller.that Resolution
No. 927, an order of abandonment of a portion of a
public street on BrOwning Avenue, be passed and
d
adopted~ ~arrie by roll Cali. Ayes: Mack, Klingelhofer,
Coco~ M~ll~r, king. N~es: N0he. Absent: None.
VII. ' ....
OLD 1. CENTER ISLAND - FIRST STREET FROM "H" STREET TO
BUSINESS NEWPORT AVENUE - ContinUed from 1/2/68
Council~ah Coco stated thae'ehe Council has a request
from not only the chai~man. O~ the Parks and Recreation
Commission/b~t also from th~ ~hamber of Commerce that
this matter be deferred~
~o~.~y C~co, sec6~ded B~ Ring that u~nsideratiun of
[ha'~Oposed ~irst Street Center Island Be de~erred to
the Febr~ar~ 19. t~ meeting~ Carried. ' "
2. ORDINANCE NO. 382
AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA,
AMENDING THE ZONING ORDINANCE NO. 157, AS AMENDED,
AND THE TUSTIN CITY CODE RELATIVE TO CIRCUSES,
CARNIVALS, FAIRS AND OTHER AMUSEMENTS, AND THE
CONDUCT OF OUTDOOR SALES.
Moved by Klingelhofer, seconded b Ring that Ordinance
No. 382 have second r~adihg~ ~~1~. Carried
unanl'~usly.
Moved by Ring, seconded by Klinqelhofer that Ordinance
No. 382, amending the Zoning Ordinance relative to
circuses, carnivals, fairs, etc., be passed and adopted.
Carried by roll call. Ayes: Mack, Klingalhofer, COCO,"
Miller, Ring. Noes: None. Absent: None.
3. ORDINANCE NO. 377
AN OBDINANCE OF THE CITY OF TUSTIN, CALIFORNIA,
ADOPTING BY REFERENCE ORANGE COUNTY ORDINANCE
NO. 2159, WHICH IS AN ORDINANCE RELATING TO
ANIMAL CONTROL, WELFARE, LICENSE AND HEALTH
REQUIREMENTS.
Moved by Miller. seconded by Ring that Ordinance
No. ~77 have second'reading bY title only. Carried
unanimously.
Mgved by Ring, seconded by Miller that Ordinance
No. 377, adopting by reference Orange County OrdK~ance
No. 2159 relative to animal control, be passed and
~. Carried by roll call. Ayes~ Mack, Kli~elhofer,
Coco, Miller, Ring. Noes: None. Absent: None.
VIII.
NEW 1. ORDINANCE NO. 385 First reading
BUSINESS
AN ORDINANCE PROVIDING FOR THE ABATEMENT
AND REMOVAL AS PUBLIC NUISANCES OFABANDONED
WRECKED, DISMANTLED OR INOPERATIVE VEHICLES OR
PARTS THEREOF FROM PRIVATE PROPERTY OR PUBLIC
PROPERTY NOT INCLUDING HIGHWAYS AND RECOVERY OF COSTS
OF ADMINISTRATION THEREOF AS AUTHORIZED BY SEC. 22660
OF THE VEHICLE CODE'.
~ouncil Minutes
2/5/68 Pg. 3
C~uncilman Miller noted that on Pa~e 5, Section 3
of this Ordinance, a biank space had been lef~ for
the ~ounCii '0 ~e6 the ~tenber of days in whic~ a~
ab~M~O~ed ~e~icie ot a Vehiele ~der repair ~h
oh '6Biicot priv'at~"~:f~y-Wi~houe a~e p~o'ess
taking 'place. 'Councl[~an Mille~ queStiOneagle
number of days tha~ ~ho~ld be allowed suoh as in the
.-- case of a person Wo~k~hg on his own automobile in
his own driveway and has the Ve~icle up on blocks
for two weeks or so. =.
~ayor. Mack stated tBat teh day~ has been recommended
by the staff.
Councilman Kl'ngelhofer 'Sta~ed he did not feel there
bhould be legislation against ~his ~ype of repair
process that mi~e extend even ~ ~reater time.
Councilman Millet felt that a period of 21 days
would be a reasonable length of ~ime.
It was explained that this Ordinance does not apply
to streets, but did apply to. vacant lots.
In answer to questioning by Councilman Ring, Mr. Rourke
Stated that it is possible to differentiate i~ the
Ordinance between those vehicles whose ownership is
known and those where ownership is unknown and on
other property.
Councilman Coco stated that perhaps this could be
__ aoh'e by requiring some sort of appearance in the
7 or 14 days by the owner, or tangible sign that
the car is no= abandoned.
Mr. Gill stated that they could be cited into the
~ station and, on approval of the Chief,.perhaps
additional time granted.
gouncilman Ring stated that the car on private
property should be being worked on and not stored,
and that if stored, must be out of sight.
Moved by Ring, seconded by Klingelhofer, that
Ordinance No. 385 be continued to the next regularly
schedule~ meeting and"that Mr. Rourke incorporate
~he suggastions of cou~qilmen Miller and Co~0. Carried.
2. 9RDINANCE NO. 387 - First reading
AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA,
ESTABLISHING A CITY BEAUTIFICATION FUND.
~oved by Coco, seconded by Rin.g that Ordinance
NO. 387, establishing a City Beautifi~ation Fund,
__ ~Va'~rst reading by title only.
Mayor Mack stated that he had given this matter
=onsiderable thought, and that it is his opinion
that this money should not be ear-marked for just
one purpose for the following reasons: (1) that the
City has putitself on record for purchasing property
for a Civic Center and there may be a time when we
will need additional-funds to make the payments on
this property; (2) by ear-marking this money for
Council Minutes
2/5/68 Pg.'4
beautification without a plan for use is in essence
putting out a blank check for its use; 3) as
discussed when-this Ordinance came about, it was
said that we should share these 'funds where every-
one would benefit.. It may be that we could put
this ~h the General Fund and use it for a better
purpose, perhaps even lowering the taxes. Mayor
MaCk stated that he would have to vote against this
establishment of a Beautification Fund.
Councilman Coco staked he would like tO rem~nd the
Council and those in the audience that the reason
the special fund was' set up in the first place was
not so much to increase our beautification money or
to do anything else of a positive nature with the money,
but rather as a tangible protest against having to
accept the money. The Council was forced against
the wall, if not accepted it would go to the County.
We were unhappy with the way the County adopted this
tax when the Federal Government released the money.
As to needing funds to make payments on property,
this is very true. Funds are needed for a lot of
things and if it would be set aside for that purpose,
it would still carry the protest. through. Putting
it in the General Fund defeats the purpose of the
protest whether it is to reduce taxes ultimately or
to make payments on property. As to having no plan
or a blank check, it is up to the Council to use the
money when the time comes in any. special fund it is
put in. The funds ended in the beautification program
as this is a tangible return to the people. Councilman
Coco stated he is therefore against putting it in the
General Fund because it is just another piece of
revenue coming into the City. In the Beautification
Fund it serves to remind whoever is interested that
there is a reason for this fund being set up.
Mayor Mack added that his reason for placing the
money in the General Fund is that the only funds that
can be spent by the Council are budgeted funds.
Certain budgeted monies are for beautification,
building purchases, and so on. This has to be by
hearings, etc., and are known in advance. SecOndly,
there can be transfers by a 4/5 vote of the Council
and again puts on record where certain monies are
being spent. Not knowing what the future holds in
some instances, a solid reserve fund would cover
certain things that might arise.
Councilman Ring stated that he agreed totally with
Councilman Coco in view of the way the City acquired
the funds under protest. If it were suggested that
the money go to the General Fund, he would suggest
that the Council not accept them. If the City is
hard up for money in the future, we might have to
go to the people and ask them if they want to spend
more money on a bond issue - a special tax for a .
special purpose - the people must decide this type
of thing with taxing of this sort. It is inconceivable
that the County would, without. r'egard, just take a
Federal Tax that was dropped. If the C~uncil were
to take this out of a special purpose. fund and put
it in the General Fund, he would be adament about
saying the City should not accept this tax money.
Council Minutes
2/5/68 Pg. 5
Councilman Miller stated he believes the one thing
that has made Tustin unique over the years and
given it the reputation it has as a residential
community was its appearance which has changed
radically in the last four or five years. It had'
a rural residential charm which is nearly gone.
Anything that can be done to restore this as a
benefit to all people of the City and is the most
tangible thing we can do. We can make it look
better than neighboring cormmunities and County areas.
Councilman Miller stated he is very much in favor
of h~ving this money held in a suspense fund or
special fund just for a special purpose that will
really do something that everyone can see and enjoy.
..Ab. ove motion carried. Mayor Mack voting no.
Ordinance No. 387 was read in its entirety.
3. ELECTION CONSOLIDATION
REQUEST OF SADDLEBACK JUNIOR COLLEGE DISTRICT
TO CONSOLIDATE WITH THE CITY AT THE APRIL 9TH
MUNICIPAL ELECTION.
MOved'by Miller, seconded by Coco that the City of
Tdstin hereby consents to the consolidationof~.
Bond election of the Saddleback Junior College
District to be held on April 9, 1968 with the
~1 election to be held on that same day in
the City of Tustin. Compensation of precinct workers
to be as follows: Inspectors $27.00 each, Judges
and Clerks $24.00 each. Carried unanimously.
Moved by Ring, seconded by Klingelhofer that it is
hereby ordered that:
1. The bond election of the Saddleback Junior
College District to be held on April 9, 1968,
be consolidated with the municipal election
to be held on that same day in the City of
Tustin.
2. Pursuant to Elections Code Section 23305,
within this City the election precincts,
polling places, voting booths and election
officers shall be those selected by the City
officials pursuant to law. Since the Saddle-
back Junior College District bond election
ballots are required by law to be canvassed
by the County Superintendent, the elections
shall be conducted separately in the same
manner as if they had not been consolidated
except as provided i~ this order.
3. Within the territory affected by this order,
the Saddleback Junior College District shall
pay one-half of the expenses of the election
except that since separate ballots will be
used, the City shall pay the full cost of
printing its own ballot.
Carried unanimously.
4. ACCEPTANCE OF FINAL MAP FOR TRACT NO. 6536
(Tustin Meadows - Red Hill and Walnut)
Moved by Ring, seconded by Miller that the final
map Ior Tract No. 5b~6 be accepted, and the Mayor
~n~ clty clerk be authorized to execute the ~c.sssary
docui~ents. carried.
Council Minutes
2/5/68 Pgo 6
5. RESOLUTION NO. 928
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS
FOR THE IMPROVEMENT OF MARSHALL LANE, CARROLL WAY,
AND SANTA CLARA AVENUE IN TRACT NO. 5726, AND
AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE
FOR BIDS.
Moved by Klinge!hofer, seconded by Mille~. that
Resolution No. 928 be read by title only. Carried
unanimously.
Moved by Ring, seconded by Klingelhofer that
Resolution No. 928, approving plans and specifications
for the improvement of Marshall Lane, Carroll Way
and Santa Clara Avenue in Tract No. 5726, and authorizing
the City Clerk to advertise for bids, be passed and
adopted.
Mr. Rourke stated that the City has a suit against
the bonding company. They have not voluntarily
agreed to pay for these improvements, but they will
be the ones who will pay for it. It will not be at
any cost to the City.
Above motion carried by roll call. Ayes: Mack,
Kli~gelhofer, Coco, Miller, Ring. Noes: None.
Absent: None.
6. APPROVAL OF DEMANDS
Moved by Miller, seconded by Coco that demands in
the amount of $72,999.26 be pai~. Carried.
Councilman Ring noted that at the last session
there was an extremely low figure for the demands
due to the fact that the payroll for that time would
fall in this request.
IX.
OTHER CITY ADMINISTRATOR
BUSINESS
1. Exchange Club of Tustin - Request for permission
to help businessmen and property owners display
American flags.
Mr. Gill requested a two week deferment on this
matter for further study with the staff relative
to use of parkways and curb drillings, etc.
Matter continued to the next regular meeting and
Mr. J. W. Reagan to be so notified.
2. Orange County Harbor District
Mr. Gill presented' correspondence received on this
matter and stated that this would be discussed by
the Orange County League of Cities at their February 8th
meeting and will be hear~ by the Local Agency Formation
Commission on February 21st.
COuncil Minutes
2/5/68 Pg. 7
Council~an Klingelhofer aske~ how many places are
available for the public to tau~ch boats.
Mr. Gill said he understood that it was difficult
to f'~ a place and that he.would find out the
exact figures.
3. Resolution of Boar~ of Supervisors Supporting
~he 1968 Tustin Centennial.
Councilman Miller requested that a letter of
appreciation be sent to the Board of Supervisors.
CITY ATTORNEY
None
X.
INFORMATION The following correspondence and reports were received:
AND
CORRESPONDENCE 1. Budget Analysis for Second Quarter Period -
J. Williams, Finance Analyst
2. Notice of Executive Session - Orange County Division,
League of California Cities
3. January llth Executive Board Minutes - Orange County
Division, League of California Cities
4. January 25th General Meeting Mimutes - Orange County
Division, League of California Cities
5. Request for Postponement of Further Action on
Sign Ordinance - Tustin Chamber of Commerce
6. Quarterly Activity Report and Economic Development
Committee Report - Tustin Chamber of Commerce
7. Letter of Commendation Relative to General Public
Improvement Policy - Building Industry Association
8. Personnel Activlty Report ~ City Administrator
9. Activity Summary for January - Tustin Police
Department
10. Federal Tax Sharing ~ U.S. Treasury Department
XI.
OTHER CITY COUNCIL
BUSINESS
C_ouncilman Coco commented on the two financial
reports - the Auditor's Report and the Quarterly
Analysis and stated that he felt the Council needed
an anticipated column in the Auditor's Report. He
complimented Mr. Williams on his report and suggested
that there might also be a variance column to tell
at a glance how much above or below we are.
'Council Minutes
2/5/68 Pg. 8
Mr. Gill stated-that the purpose of an auditor's
~s to show actual activity. The anticipated
activity is a management attitude based on programs-
An audit report should not reflect this. The
Quarterly Analysis is designed t~ coincide with the
Auditor's Report. The purpose of-the Analysis is
to amplify financial information, such as anticipatiDns,
and the variance column can be added to these
Analysis reports.
In answer to Councilman Ring, Mr. Gill stated that
in the Analysis, the anticipated an'~['~ctual are
through December 31st.
M_eayor Mack announced the Orange County Press Club
session at Saddleback Inn on Friday afternoon,
February 9tho The star of the television show
"The Second Hundred Years" will be present and he
and representatives of the Eentennial Committee have
been aske~ to attend. Press and television people
will be there. This has been designed to tie in
with Tustin's Centennial~ If not against the wishes
of the.Council, he would like to make a presentation
of Honorary Mayor to the star of the show, Monte
Markham. There is a chance in the next year that
they will film one of the serie~ of the show in
Tustin, characterising Columbus Tustin, the person
who founded the community.
PUBLIC
None
XII.
ADJOURNMENT Moved by Coco, seconded by Ring that the meeting be
adjourned. Carried.
MAYOR