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HomeMy WebLinkAboutCC MINUTES 1967 12 18 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL Decemberld, 1967 CALL TO Meeting called to order at 7:35 P.M. by Mayor Mack. 8 ORDER II. PLEDGE OF Boy Scouts of America Explorer Post No. 811, ALLEGIANCE sponsored by the Tustin Police Department, presented colors and led the pledge of allegiance. A certificate of appreciation was presented to the Post from the downtown merchants for the help provided by the Post members in decorating the area for Christmas. IIl. INVOCATION Given by Councilman Klingelhofer. IV. 0 ROLL Present: Councilmen: Mack, Klingelhofer, Coco, Miller CALL Absent: Councilman: Ring (Councilman Ring arrived at 7:48 P.M.) Others Present: City Administrator Harry Gill City Attorney James Rourke City Clerk Ruth Poe Planning Director James Supinger Business continued from December 13~ 1967 adjourned meeting: RESOLUTION NO. 916 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, COMMENDING THE DEPARTMENT OF THE NAVY FOR ITS CAREFUL CONSIDERATION OF THE PROPOSED RED HILL AVENUE - COMO ROAD ANNEXATION TO THE CITY OF TUSTIN. Moved by Coco, seconded by Klingelhofer that Resolution No. 916 be read by title only as corrected. Carried unanimously. Moved by Klingelhofer, seconded by Coco that Resolution No. 916 cormnending the Department of the Navy for its careful consideratinM of the proposed Red Hill Avenue - Como Road Annexation to the City of Tustin, be passed and adopted. Carried by roll call. Ayes: Mack, Klingelhofer, Coco, Miller. Noes: NOne. Absent: Ring V. APPROVAL OF Moved by Coco, seconded by Mill~ that the minutes MINUTES of the December 4th meeting be approved as corrected. Carri&d. VI. PUBLIC 1. ZONE CHANGE 67-161 OF G.L.A. DEVELOPMENT CO. HEARINGS APPLICATION TO REZONE PROPERTY FROM C-1 (RETAIL COMMERCIAL) TO R-3 (MULTIPLE RESIDENTIAL) FRONTING 71 FEET ON THE SOUTH SIDE OF MCFADDEN AVENUE AND 367 FEET ON TBE WEST SIDE OF WALNUT AVENUE. Council Minutes 12/18/67 Pg. 2 Hearing opened at 7:40 P.M. Mr. Supinger presented the staff report and recommendations of the Planning Commission for approval. Mr.'Ken Nelson of 415 West Fourth Street, representing G.L.A. Development Co., spoke in favor of this zone change and stated he would be happy to answer any questions. There being no further comments and no objections, the hearing was declared closed at 7:44 P.M. Councilman Klingelhofer stated that as this zone change application does conform to the General Plan and has been recommended by the Commission, he would make the following motion. Moved by Klingelhofer, seconded b~ Coco that Zone C~ange 67-161 9f G.L.A~Deve\l~ment Co. be approvea and the City,.'Attorney directed to draft th~ necessaz7 Ordinance for presentation at the next ~ regular meeting. Carried by roll call. Ayes: Mack, Klingelhofer, Coco, Miller, Noes: None. Absent: Ring. 2. ZONE CHANGE 67-162 of J. E. CLARK APPLICATION OF J.E. CLARK (ZC-67-162) TO REZONE APPROXIMATELY 4.23 ACRES FROM C-1-P (RETAIL COMMERCIAL AND COMBINED PARKING) DISTRICT TO R-3 (MULTIPLE RESIDENTIAL) DISTRICT. SUBJECT PROPERTY FRONTS 286 FEET ON THE EAST SIDE OF WILLIAMS STREET, APPROXIMATELY 500 FEET NORTH OF THE CENTERLINE OF MCFADDEN. Hearing opened at 7:45 P.M. Mr. Supinger presented staff 'report and Planning t0mmission recommendations for approval, and described the location. Mr. Supinger stated that rezoning of adjacent property to R-3 is.being initiated by the Planning Commission. Mr. R. Silver of Newport Beach stated that he represented Mr. Clark and would be happy to answer any questions. Councilman Ring arrived (7:48 P.M.) There being no further comments and no objections, the hearing was declared closed at 7:49 P.M. Councilman Coco stated that the General Plan and City staff studies show that there is an over abundance of commercial in this area. Moved by Coco, seconded by Klingelhofer, that Zone Change Application 67-162 of J. E. Clark be approved and the City Attorney directed to draft the necessary ordinance Ifor the next regular meeting. Carried by roll call. Ayes: Mack, K~ingelhofer, Coco, Miller. Noes: No~e. Abstained: Ring. Absent: None. Council Minutes: 12/18/67 Pg. 3 3. PROPOSED 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. Hearing opened at 7:50 P.M. Mr. Supinger presented the staff report and recommendations of the Planning CommisSion for adoption. There being no comments or objections, the hearing was declared closed at 7:51 P.M. Answering questions by the Council, Mr. Gill stated that the $25.00 fee is a' mandatory permit fee no matter who the applicant is. It certainly could be considered that provisions be considered for the fees for charitable institutions as with business licenses. This does not call for a fee for such things as garage sales. This Ordinande refers to those matters that now go to the Planning Commission for use permits and garage sales do not. Mr. Gill agreed that perhaps the proposed Ordinance could be more specific. The matter of fee exempt permits for charitable organizations should be included. The City would want to request a permit, but could consider the waiving of the fee. Mr. Rourke stated that a specific exemption would be the preferable method of handling this. Some consideration would have to be given in differentiating between a non-profit organization and a charitable organization° Moved by Klingelhofer, seconded by Coco that ~his matter be continued to the next regular Council ~eetin~. Carried. OLD 1. ORDINANCE NO. 378 BUSINESS AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE NEWPORT AVENUE - MYRTLE AVENUE ANNEXATION TO THE CITY OF TUSTIN. '(Located on the East side of Newport~Avenue between Sycamore and Walnut.) Moved by Miller, seconded by Coco that Ordinance No..37~ have second readinq by title only. Carried unanimously. Moved by Coco~ seconded by Ring that Ordinance No. 378, approving the Newport Avenue-Myrtle Avenue ~on, be passed and adopte~. Carried by roll call. Ayes: Mack, Klingelhofer, Coco, Miller, Ring. Noes: None. Absent: None. Council Minutes 12/18/67 Pg. 4 2. ORDINANCF NO. 379 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, REZONING PROPERTY OF SCHOEFFLER ON APPLICATION NO. ZC-67-160. (Subject property fronts 110' on the Southwest side of Wass Street, just Southeast of Newport.) Moved by Klingelhofer, seconded by Ring that Ordinance No. 379 have second reading by title only. Carried unanimously. Moved by Miller, seconded by Coco that Ordinance No. 379, rezoning property of Schoeffler on ~tion ZC-67-160, be passed and adopted. Carried by roll call. Ayes: Mack, Klin~elhofer, Coco, Miller, Ring. Noes: None. Absent: None. 3. ORDINANCE NO. 380 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE RELATIVE TO CONDUCTING DANCES. Moved by Coco, seconded by Klingelhofer that Ordinance No. 380 have second reading by title only. Carried unanimously. M6ved by Klingelhofer, seconded by Ring' that Ordinance No. 380, amending the Tustin City Code relative to conducting dances, be passed. and adopted. Carried by roll call. Ayes: Ma6k, Klin~3elhofer, Coco, Miller, Ring. Noes: None. Absent: None. 4. ORDINANCE NO. 381 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, IMPOSING A REAL PROPERTY TRANSFER TAX. Mr. Gill presented his report on this tax. He stated that the County did adopt this tax on November 21st, and that all but three cities in the County have adopted it. If the City does not adopt this Ordinance, the tax money will still be collected, but go entirely to the County. Mr. Gill recommended that the City adopt this Ordinance which had first and second readings December 4th. The Council members agreed that if the Ordinance is adopted, the money should go into a special fund whereby the citizens would benefit from it in a tangible way such as a beautification fund. This special fund should be stipulated prior to the ~ passage of the Ordinance. Title'of Ordinance No. 381 was amended to read: An Ordinance of the City of Tustin, California, imposing a real property transfer tax, such revenues to be used for City beautification. Section 14 was added to this Ordinance to read: Revenues to be made a part of a Special Fund to be used only for the purpose of City beautification. Council Minutes 12/18/67 Pg. 5 Moved by Coco, seconded by Klingelhofer that Ordinance No. 381 as corrected, imposing a real property transfer taxisuch revenues to be used for City beautification, be passed and adopted. Carried by roll call. Ayes: Mack, Klingelhofer, -- Coco, Miller, Ring. Noes: None. Absent: None. 5. RESOLUTION NO. 917 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, SETTING FORTH OPPOSITION TO ABUSE OF PER DIEM ALLOWANCE BY THE STATE LEGISLATURE. Moved by Kling~lhofer, seconded by Coco, that Resolution No. 917 be read by title only. Carried unanimously. Moved by Klingelhofer, seconded by Ring, that Reaolution No. 917, setting forth opposition to abuse of per diem allowance by the State Legislature, be passed and adopted. Councilman Ring stated that the Senator and Assemblyman representing this area were both present at this session and he has had no reply from his letter to them concerning his feelings on the matter. Above motion carried by roll call. Ayes: Mack, Klingelhofer, Coco,"Miller, Ring.. Noes: None. Absent: None. 6. ORDINANCE NO. 377 - First reading AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE RELATIVE TO ANIMALS AND FOWL. The City Attorney requested that this matter be continued. Moved by Ring, seconded by Klingelhofer, that action on Ordinance No. 377, relative to animals and fowl, be deferred to the Council meeting of January 15, 1968. ~arried. MayOr Mack declared a five minute recess. Meeting reconvened at 8:30 P.M. VIII. NEW 1. BEAUTIFICATION AWARDS ~ BUSINESS New Construction - Newport Plaza Center - Argyros and Frank Existing StructUre - Tustin Lumber Company - Wayne Mullin On behalf of the City and the Chamber of Commerce, Mayor Mack presented plaques to the a~ove named recipients of this award. council 2. RESOLUTION NO. 918 A RESOLUTION DECLARING THAT PROCEEDINGS HAVE BEEN INITIATED BY THE CITY COUNCIL OF THE CITY OF TUSTIN TO ANNEX TO SAID CITY CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN, AND DESIGNATED AS RED HILL AVENUE - COMO ROAD ANNEXATION, (REVISED) TO THE CITY OF TUSTIN AND GIVING NOTICE OF THE PROPOSED ANNEXATION. Moved b~; Coco, seconded by Ring that Resolution No. 918 be read by title only. Carried unanimously. Moved by Miller, seconded by Coco that Resolution No. 918, initiating proceedings and giving notice of the proposed Red Hill Avenue - Como Road Annexation (Revised) be passed and adopted. Carried by roll call. Ayes: Mack, Klinglehofer, CocO, Miller Ring. Noes.~ None. Absent: None. 3. APPROVAL OF FINAL MAP OF TRACT NO. 6479 (Southeast corner of Red Hill and Walnut) Moved by .Ring, seconded by Klingelhofer that the final map of Tract No. 6479 be approveq subject to the following conditions: 1. Final approval by the City Engineer. 2. Four foot wide concrete sidewalk be installed on Walnut Avenue, providing an agreement is entered into by the developer to insure maintenanc~ of the parkway on Walnut similar to Red Hill Avenue. 3. The developer shall deposit funds with the City to cover 100% of the cost of installing a storm drain on Red Hill Avenue from the Orange County Flood Control Channel to the centerline of Sycamore Avenue. 4. The City will assume the cost of improving a 12' wide section of Walnut Avenue from Red Hill to the railroad tracks easterly of Browning Avenue. Carried unanimously. 4. ACCEPTANCE OF IMPROVEMENTS AND EXONERATION OF BONDS FOR TRACT NO. 5410 (Alliance Avenue between Tustin Village Way and Williams Street) Moved by Klin~elhofer, seconded by Ring that the improvements be accep. ted in 'Tract No. ~410, and the bond be exonerated,. Carried unanimousiy. Council Minutes 12/i8/67 Pg. 7 5. AWARD OF CONTRACT FOR INSTALLATION OF TRAFFIC SIGNALS AT FOURTH STREET AND IRVINE BOULEVARD TO D & N CONSTRUCTION COMPANY IN THE AMOUNT OF $6,.560.00. Moved by Ring, seconde~ by Klingelhofe= that the contract for installation of traffic sfgnals at Fourth Street and Irvine Boulevard be awarded to D & N Construction C6~pany in the amount of $6,560.00, and the Mayor.and City Clerk be authorized to sign the necessary documents. Carried. 6. REQUEST OF PARKS AND RECREATION COMMISSION FOR CONSTRUCTION OF A CENTER ISLAND ON FIRST STREET FROM "H" STREET TO NEWPORT AVENUE. Mr. George Arg~ros asked that there be quite a bit of study 'on this by the City and the Chamber of Commerce before any decision is made to place a center divider in this commercial zone. He said he felt there was no question as to the beautifi- cation value of these center islands, but they create a problem as to accessibility, especially in a commercial area. He said they had seen a problem with the Fourth Street divider with people stopping in the fast lane to make a "U" turn at the island breaks due to the lack of any left turn lanes. In answer to questioning, Mr. Gill stated thet this matter had been brought to the Council at the request of the Parks and Recreation Commission. It is not a budgeted item, but that at a budget session, the Parks and Recreation Commission had 8 been advised to bring this matter to the Council in midyear. Moved by Klingelhofer, seconded by. Ring that this matter be re-scheduled for the next meeting. Councilman Miller asked that the Engineer and Public Works Director carefully lay before the Council the generally recognized viewpoints on restricted or limited access near intersections. Councilman Coco noted that there are left turn lanes in this center divider and the en street parking is not vital. There is plenty Of off street parking. Councilman Klingelhofer stated he would encourage ° people in the business community to weigh in balance the value of this in terms other than access alone. Islands have a purpose~..'gf reducing hazards, but they can become one, too. The xncrease in aesthetics of a business community is perhaps one of the motivating forces for people to shop there providing it is not a hardship. Councilman Miller stated that one of the most dramatic improvements in upgrading of property values he has seen occurred on the West side of ~-~ ~.~ Council Minutes 12/18/67 Pg. 8 the Veterans Hospital in West Los Angeles along the Pacific Railroad right-of-way where property owners banded together and landscaped the right- of-way. The complete character of the neighborhood changed to a very highly developed, profitable appearing business community. Above motion to defer this matter carried. 7. FIRE SUBSTATION AND CORPORATION YARD SITE REPORT Mr. Gill explained the location of the proposed site and stated that the need for a substation had been studied along with the Civic Center study. He requested authorization to proceed with negotiations with the Irvine Company, owners of the property of the proposed site, and present final recommendations to the Council. Moved by Coco, seconded by Ring that the ~ Administrator proceed with negoti'ations with the ~rvine Company for acquisition of this fire substation and corporate'on yard site. Carried. 8. APPROVAL OF DEMANDS Moved by Klingelhofer, · --- Carried. IX. OTHER CITY ADMINISTRATOR BUSINESS 1. Explorer Post No. 811 - House number painting notice Mr~ Gill said that he would work with the Explorers for final wording of this notice prior to distribution. 2. Minutes of City Managers meeting Of Dec. 7th. 3. Report on past action taken regarding policy of compensatiQn and mileage for Planning Commissioners. CITY ATTORNEY ~ None. X. INFORMATION Following correspondence received: AND CORRESPONDENCE 1. Complaint regarding noise from ice cream vendors from J. Daily, Lance Drive. Councilman Coco felt that restrictions placed on these vendors come close to government intervention in business and stated he would like to see this turned over to the Chamber of Commerce for recommendations. Mayor Mack directed that this be referred to the Chamber Legislative Committee for their recommendation. Council Minutes 12/18/67 Pg. 9 2. Copy of correspondence from Mr. Supinger to Mr. Coppola, 14192 Newport Avenue, regarding filing for a temporary use permit. 3. James B. Utt - relative to Municipal Revenue Bonds 4. Letter of commendation to Sgt. Carruba relative to the auction sale. 5. Letter commending Captain H. Ferdig for presentation to Hillview Continuation School. 6,Buena Park Ordinance providing criteria for service stations. 7. Tustin Fire Department monthly reports. XI. OTHER CITY COUNCIL BUSINESS 1. Councilman Klingelhofer commented on the Ninth Annual Advanced Managers Training Program to be held in Santa Monica from January 28th to February 2nd. Moved by Klinglehofer, seconded by Coco that Mr. Giil be authorized to attend the Ninth Annual Managers Training Program and incur all necessary costs at City expe'nse. Carried. PUBLIC None XII. ADJOURNMENT Moved by Klingelhofer, seconded by Miller that meeting de adjourned to Tuesday, ~anuary 2, 1968. Carried. "