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HomeMy WebLinkAboutCC MINUTES 1967 12 04 MINUTES OF A REGULARMEETING TUSTIN CITY COUNCIL December 4, 1967 CALL TO Meeting called to order at 7:30 P.M. by Mayor Mack. ORDER II. PLEDGEOF Led by Mayor Mack. ALLEGIANCE III, INVOCATION Given by Councilman Miller. IV. ROLL Present: Councilmen: Mack, Klingelhofer, Coco, Miller, CALL Ring Absent= Councilmen: None Others Present: City Administrator Harry Gill City Attorney James Rourke City Clerk Ruth Poe APPROVAL Moved by Klingelhofer, seconded by Coco, that OF MINUTES minutes of November 20th be approved as mailed. Carried. VI. PUBLIC 1. NEWPORT AVENUE-MYRTLE AVENUE ANNEXATION HEARINGS ~earing opened at 7:32P.M. There being no written or oral objections and no comments, the hearing was declared closed at 7:33 P.M. Moved by Ring, seconded by Coco, that Ordinance Nb]"3~'~', approvinglthe Newpor~ Avenue-Myrtle Avenue Annexation, have first reading by title only. Carried unanimously. 2. ORDINANCE NO. 376 (Proposed) AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE RELATIVE TO QUALIFICATIONS OF PLANNING COMMISSIONERS. Hearing opened at 7:35 P.M. Mr. Nick Barletta of 139 S. Prospect Avenue, Tustin, spoke in favorof the adoption of this Ordinance stating that in his opinion it is an excellent opportunity for the Council to take a step forward and that it is the responsibility of the Council to give as many as possible the opportunity to serve on the Commission. Mr. VerLyn Je~sen, 888 N. Main Street, Santa Ana, speaking as a member of the Chamber of Commerce, urged adoption of this Ordinance a~d pointed out that the largest source of City income is the sales and use tax and the secured property tax and that there are men in the Ci'ty who pay both and yet cannot serv, on any City body. Mr. Jensen also stated that what is proposed is something to allow more leeway for Council appointments. Very 8ouncil Minutes often the reactions one hears to Planning or Council decisions could be eliminated if the business community was representcd, The Chamber feels that the community which is supplying the v~.?+, majority of the reso~ces of this town should have the ability %o sere in a minority [ns~nce on this body, There being no objections or further comments, the hearing ~as declarod closed at 7:45 P.M. Cou.ncilman Kl~:ngelhofer asked what the reasons were for discontinuing the appointment on the Commission of two area residents as it h~d been done a few years back. Co_J~p~_%7__m3~n Coco explained that this had been brought about as the result of the driving force of the Citizens Committee in 1964. They were not against County residents per se, but it was an attempt to remove two Commissioners who had incurred the dis- pleasure of the group. The Citizens Committee seized on ~e obvious gambit that these members were not city residents and in his opinion this was the prime motivation behind the move at the time and had nothing to do with the external or inte~al residsncy. Ma_~Xgr M~ck stated that years ago when the Ordinance which permitted two area residents to serve on the Commission was enacted it wns hoped that having two members to represent the County would encourage annexation and, also some time ago, there was a problem of finding enough City residents to serve on the Co~.so2.on. Mayor Mack then stated be would like to speak favorablyfor this proposal and it is a tool that the Council can use at their discretion. Councilman Klingelhofer stated that it is clear that the business activity ~s responsible for greater than 70% of the City revenue, but suggesting that the Council broaden this base of selection to include representatives of this segment of the community, although workable, could in some respects be a risk. Councilman ~in_~g stated tSat- he wa~. notesure that this would-be a good idea if it is in fact a method of getting business represented. If he looked favorably on this change, he would not pin point business and would not allow business people unless they owned property. Counc~l~n Miller stated that living out or inthe City is done by choice. When there were Commissioners not living in the City, he felt the~y- could not represent him as a resident of the City. Business interests probably feel the same way that they have to live with decisions of people who may not be responsive to their problems. We do not have any lack in a City of our size of talanted or qualified people. This Ordinance is presented not to represent people in the City, but is an attempt to represent people who have an interest but are really not residents. Council Minutes 12/4/67 Pg. 3 Mayor Mack said he did not look at this as a declafati6~ of the Chamber of Commerce or business community, but as a ~Tay of obtaining additional help and wouid provide more latitude in the future. Mayor Mack reminded the Cohncil that the Council is the polic~ making body, and that both Planning Commission and Parks and Recreation CommisSion are recommending bodies. Councilman Ring stated that unless this includes any taxable property~ not just a business, he could not be for it. Business interest is hard to define. Councilman Coco suggested the addition of the word "substantial" before the word "business" on line 2 of sub-section (b) of this proposed Ordinance. Councilman Miller felt that although the Commission is a recommending body, many actions never come to the Council, especially Variances and Use Permits. If these are not appealed, they don't get to the Council. This has the same affect of changing Our planning base as the decisions of the Supreme Court md he feels that it is as important a body as the Council. Council~n Coc9 stated that he is in £avor of this amendment and would like to put some intuitive limits on business interests by the insertion of the word "substantial" to eliminate carrying it to extreme. AS to include County residents, this was to acknowledge the contribution that some of our County residents are making. If a County resident is an owner and does contribute substantially and monetarily he is possibly more representative than someone who does not so contribute. Councilman Coco ~elt that the Planning Commissioner does not represent the citizen of Tustin, that is what the Council is here for. The Council is elected to make the decisions and the appointment of a Planning Commissioner is certainly one of the ways. It is up to the Council to decide who serves on the Commission. Moved b~ Coco, seconded by Mack that Ordinance No. 376 have first reading by title Councilman Kli~gelhofer stated that he was not prepared to vote at this time and would like more research and more public opinion. Councilman Miller stated that he did not want anyone to think that he does not'appreciate the contribution of the businessmen to the City. We couldn't exist without them any more than they could exist without the residents. Above motion failed. Councilmen Klingelhofer, Ring and Miller voting no. Council MinUtes 12/4/67 Pg~ 4 Councilman Klingelhofer suggested the appointment of a citizens committee or take under advisement the possibility of ~tudying this at greater length. It could be an oppoItunity to go to the people in a more thorough way and get some feedback on this. Mayor Mack and Councilman Coco felt that this matter had been publi~hed and noticed and the Council had heard little from any source. There had been nothing in the way of constructive comments and could not see where a committee would be helpful. This has been in committee and worked on by Council-' man Coco and the Chamber of Commerce. Mr. Barletta spoke again on the opportunity of having four times as maay interested people to choose from and stated that three members of the Chamber were present, hoping if their views were unclear that they might be able to answer any questions. Councilman Miller felt that the Chamber had made their position as clear and complete as possible, but that this is a way to open the door to any sptcial group and that no matter what a persons interests are, he would feel the same - that these positions should go to persons within the City limits as they are the ones most directly affected. Mayor Mack stated that a vote had been taken, and the matter is closed. VII. OLD 1. ORDINANCE NO. 372 BUSINESS AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING ORDINANCE NO. 157, AS AMENDED, RELATIVE TO DAY NURSERIES AND NURSERY SCHOOLS. Moved by Ring, seconded by Klingelhofer, that Ordinance No. 372 have second reading by title only. Carried unanimously. Moved by Coco, seconded by Miller that Ordinance No. 372, relative to day nurseries and nursery schools, be passed and adopted. Carried by roll call. Ayes: Mack, Klingelhofer, Coco, Miller, Ring. NoesI: None. Absent: None. 2. ORDINANCE NO. 379 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, REZONING PROPERTY OF SCHOEFFLER ON APPLICATION ZC-67-160. Moved by Ring, seconded by Coco, that Ordinance No. 379, rezoning property of Schoeffler on Application ZC-67'I60, have first reading by tit].e only. Carried unanimously. Council Minutes 12/4/67 Pg. 5 VIII. 1. ORDINANCE NO. 380 NEW BUSINESS AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE RELATIVE TO CONDUCTING DANCES. Mr. Gill explained that this amendment was to take anold law off the books, which prohibits dancing on Sundays and between 1:00 A.M. and 6:00 A.M. on any other day. With New Years Eve falling on Sunday this year, it was thought that the Council ~ might want to abolish this section of the Code. Moved by Coco, seconded by Klingelhofer that Ordinance No. 380., relative to conducting dances, have first reading by title only. Carried unani- mously. 2. ORDINANCE NO. 381 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, IMPOSING A DOCUMENTARY STAMP TAX ON THE SALE OF REAL PROPERTY. As suggested by Councilman Miller, the title of this Ordinance was changed to read: "An Ordinance of the City of Tustin, California, Imposing a Real propert7 Transfer Tax". Moved by Ring, seconded by Klingelhofer that Ordinance No. 381, imposing a real property transfer tax, have first reading by title only. Carried unanimously. Mr. Rourke explained that the language in Sections 11 and 13 would adopt this as an urgency measure and put it into effect on the 1st of January. To have it in operation at the proper time, it would be necessary to have the second reading and adoption tonight° The County Ordinance will go into effect' then, and in order for the City to get their share of the money at that time, it is necessary for this Ordinance to be xn effect. The tax will be in effect no matter what the City action is, but if this is not adopted, the County will get the money. Mr. Gill explained that the County had to adopt the Ordinance first and then the cities could adopt theirs to get a share of the money. This is not an additional tax. It has been imposed previously by the Federal Government and the only change is that the State Legislature has made it possible for it to now be imposed by counties and cities. Th~ tax will be in effect by the County in any event. If this Ordinance is not passed, it only means that the City will not recex~ve their share. Moved by Miller, seconded by Kl~ngelhofer that Ordinance No. 381 have second reading by title only. Carried unanimously. Moved by Ring, seconded by Klingelhofer that Ordinance No. 381, imposing a.real property transfer tax, be passed and adopted as an urgenc~ measure. Council Minutes ]2/4/67 Pg. 6 as corrected I~ answer to questioning by Councilman Klingelhofer, Mr, Gill stated that the County Recorder, s Office had estimated revenue to Tustin wculd be between $1,100 and $1,200 per month, but that present transfers are up about 1~% so it will run in the neighborhood of at least $1,200. ~II ~ ~ C~Un~ilman Miller questioned Mr. Barletta as to the · e ~che fe lf~ .f Board of Realtors. Mr, Barletta stated that as a private citizen be is opposed to this tax although he realizes there is little that can be done. The IRS stamp was eliminated by the Federal Government and then immediately picked up by cuunties. He thought that perhaps the City could pull a turn,bout in attem~ting to cause a snowball in the County, causing other cities to perhaps cause the Board of Supervisors tc drop this 55¢ per $500 tax. As far as the Real Estate Association, the State Beard has taken the position of "no comment". .Co.uncilmSn Miller suggested that the City adopt a Resolution to the Board of Supervisors to the effect that although we adopted the Ordinance, we are opposed to this tax in principle. Councilm~n Coco asked if the City could go further and return this money in the form of a tax cut. Mr.. Rourke said that there is a law prohibiting giving away City funds, but nothing against reducing our City property tax rate. He further stated that the City could come under this at any time. ~.ounCilman Miller stated that unless the County repeals their Ordinance, it w~uld be a di~service to Tustin as the money would be collected but spent entirely in the County if the City did not pass th~s Ordinance. ~uestion called for. Roll call vote . Ayes: Ring, M~ller, Mack. Noes: Klingelhofer, Coco. ,Mr, Rourke stated that there must be a 4/Sths majority for an emergeacy adoption so this vote will not qualify. A revere was called for. ,~punCilm~n Coce stated that he would make his usual abstention and protest against inadequate lead time for full publie reaction in these urgency matters. The law says 2 weeks except in dire circumstances. In answer to questioning by Mr. Ring, it was clarified that this vote is for passage as an urgency measure. Roll cal% vote: Ayes: Mack. Noes: Klingelhofer, Miller, Ring. Abstained: Coco. Councilman Rin~ stated that he agreed with Mr. Coco on the potential tax reduction but the Ceuncil should use fiscal responsibility on this and wait to see bow this money averages out or let's make it a special purpose fund where it could be turned back to the citizens of Tustin in the way of .a service. Mayor Maqk stated he still felt that the City should follow through in some sort of argument against the Board of Supervisors. C~uncilman coco stated that a protest doesn't get far unless it is authentic and well documented. The Council needs something to indicate they are sincere told not o~ the money-grabbifig wagon. Council, Minutes 12/4/67 Pg. 7 as corrected Councilmen Mack and RinE felt that every effort should be made to complain now and not accept the money. ~ounctlman Klingelhofer requested that the Attorney draft a Resolution to be circulated to ot'~er cities in Orange County and to the Board of Supervisors indicating this Council's feeling in this matter. ~ suggested that the City make a good campaign and that Mr. Gill call all City Managers in Orange County and find out their Councils' reaction and the Councilmen call Councilmen of other cities and try to get cities behind this and to also work throngb the League of Cities. ~ayor M~ck. felt the Chamber of Commerce should be brought into this. ~ said the Council should do what they feel is best for the City. A protest must be well documented and gotten to the right people. ~ On the subject of protests, Mr. Coco said that there is another thing he would like to see the City protest and that is the meeting of the legislature during Tbanksgivlng weekend. This is the kind of thing that cities can make a noise about. For .those unfamiliar with it Mr. Coco explained that there is a law in the California Legislature, now that they are on full time basis, that they get $25.00 per diem as long as they do not adjourn for more than four days at a time. During Thanksgiving week they adjourned Thursday, Friday and Saturday, and met Sunday for a matter of a few minutes for roll call for the sole purpose of receiving their per diem and for no other reason. This is ill gotten gains. He would like to see a resolution drawn protestin~ this. This is something on which the Council should make their fe lings known- Moved by ~t~, seconded by Coco that a Resolution be prepared censurinM the action of these bedie.s.. Carried unanimously. After further discussion regarding the real property t~ansfer tax, it was the opinion of the Council that all background information be obtained and a formidable effective campaign against this tax be put into effect. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, URGING SUPPORT OF THE 1968 TUSTIN CENTENNIAL CELEBRATION. Moved by Coco, seconded bv Ring that Resol~ be rea.d.. by title only. Carried unanimuasly. Moved bv Ring, seconded by Coco that ~, urging support of the 1968 Centennial Celebration, be aP_~Ae_.d~' Carried by roll call. Ayes: Mack, Klingelhofer, Coco, Miller, Ring. Noes: None. AbSent: None. ~ directed that copies of Resolution No. 915 be sent to all service clubs, PTO groups, School Boards, Board of Supervisors, and State Representatives. Council Minutes 12/4/67 Pg. 8 4.APPOINTMENT OF REPRESENTATIVE TO MOSQUITO ABATEMENT DISTRICT Moved by Coco, seconded by Klingelhofer that Councilman Miller be appointed as the City's representative to the Mosquito Abatement District for a term of two years expiring December 31, 1969. Carried unanimously° 5. AWARD OF CONTRACT FOR IMPROVEMENT OF WILLIAMS STREET BETWEEN MAIN STREET AND MCFADDEN STREET TO INDUSTRIAL CONTRACTING CO. Moved by Ring, seconded by Miller that the contract for improvement of Williams Street between Main Street and McFadden Street be awarded to Industrial Contracting Co. in the amount of $15,618.60, and the Mayor and City Clerk be authorized to sign the necessary documenns. Carried. 6. APPROVAL OF DEMANDS Moved by Ring,l secg~Coco that demands in ~'he amo~At'~f $86~42.66 b~"~roved ~.~ ~do Carried. IX. OTHER 1. CITY ADMINISTRATOR BUSINESS 1. Use of C-1 Zoned Property as Residenee Mr. Gill presented his report relative to the use of C-1 property at 14192 Newport Avenue as a residence. He then explained that the City Zoning Ordinance, No. 157, as amended, prohibits single family residences in commercial zones unless use is prior non-conforming. After a discussion by the Council, Mayor Mack directed that this matter be referred to the staff and that Mr. Coppola be informed of legal steps available to him. 2.CITY ATTORNEY None. X INFORMATION Fol~lowing correspondence'received: AND CORRESPONDENCE 1. Letter from Commandant, Eleventh Naval District relative to the Irvine Ranch Water District Annexation "Mr. Gill stated that this annexation of the Marine Corps Air Station, E1 Toro, and the E-larine Corps Air Facility will be heard by the Local Agency Formation Commission on December 13th when both proposed Santa Ana and Tustin annexations of the Marine Corps Air Facility will be heard. Council Min~,~ 12/4/67 Pg · ' 2. Len Miller and Associates regarding Industrial Indemnity Policy~ - 3. League of California Cities regarding under- ground utili~ieso Mr. Gill stated that he was working with the City Attorney regarding this matter. 4.Orange Count~Division~ League of California Cities - minutes of E~cutiQe Board meeting- 5. Personnel Activity Register - H. Gill 6. Southern California Edison Co. - budget allocations for underground replacement of utilities- 7o Western City Magazine Los Gatos Civic Center 8..City of Anaheim resolution opposing principle Of tax sharing. 9. Monthly Building Department Report F. Brook XI. OTHER 1. CITY COUNCIL BUSINESS 1. Councilman Miller made note of the Resolution from the City of Anaheim and stated he wished there was more the Council could to do further this opposition by cities. 2. PUBLIC 1o Mr. Barletta proposed an amended Ordinance providing for the appointment of two Planning Commlssioners from within the Tustin Elementary School District who are also either engaged in a substantial business within the City limits or property owners in the Tustin Ele- mentary School District° Mr, Barletta .asked if the Council could approve this amendment in prlnciple and have the City Attorney draft the Ordinance, Councilman Miller stated that he wanted it made clear that he has no objections to any qualified member of any business, profession or complexion, creed or color being ~ member of the Planning Commission as long as they are residents within the City. Mr, Rourke stated that this would have to ~ be considered at a public hearing and as the hearing has been closed, no action could be taken at this time, Councilman Klingelhofer said he would like to see this situation go back tothe way it was five or six years ago and that he would not object to area residents serving on the Commission whether they are business people or not. 2. Maror Mack welcomed Don Allison, President of the Junior Chamber and sai~ he hoped that he and some of the other Junior Chamber members would come to the meetings in the future. Council Minutes 12/4/67 Pg. 10 3. Mr. Fred Waitman, Chamber of Commerce Manager, spoke on behalf of the Anaheim Chamber, inviting the Council members to a luncheon, December 7th, as an informal homecoming meeting with the Righteous Brothers. XII, ADJOURNMENT Mqved by Klingelhofer, seconded by Ring that this meeting be adjourned to 2:00 P.Mo, December 13th in the Tustin City Hall, 135 W. Third Street. Carried. MAYOR CITY ~LERK