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