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HomeMy WebLinkAboutCC MINUTES 1967 11 20 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL November 20, 1967 CALL TO Meeting called to order by Mayor Mack. ORDER II. PLEDGE OF Led by Mayor Mack. ALLEGIANCE III. INVOCATION Given by Councilman Ring. IV. ROLL CALL Present: Councilmen: Mack, Klingelhofer, Coco, Miller, Ring Absent: Councilmen: None Others Present: City Administrator Harry Gill City Attorney Ken Bryant City Clerk Ruth Poe Planning Director James Supinger V.. APPROVAL Moved by Coco, seconded by Klingelhofer that minutes OF MINUTES of November 6th meeting be approved as corrected: Corrections: Page 13, Paragraph 1, Line 14 to read: .'.'.-..~'..Chamber as a whole and could be considered by the Council essentially as. written by the Chamber". Page 13, Paragraph 3, Line 11 to read: " ..... interest in the City of Tustin, but there are probably legal bars against residents of one Ci~ serving on another City's board". ' VI · PUBLIC 1. ORDINANCE.NO. 372 - Cont. from 11/6/67 HEARINGS AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA AMENDING ORDINANCE NO. 157, AS AMENDED, RELATIVE TO DAY NURSERIES AND NURSERY SCHOOLS. Hearing opened at 7: 35 P.M. There being no comments or objections, the hearing was declared closed at 7:36 P.M. Councilman Klingelhofer stated that in view of the petition before the Council from the property owners of Enderle Gardens and as there is no one present to speak for this, he felt the matter should be dropped and not given further consideration. Councilman Ring stated that he believed this opposition had been covered by the deletion of the R-1 and E-4 zones. The City is trying to not only clarify but to strengthen the Ordinance that we now have and he was reluctant to drop it, but he would not }ike to see it with these zones in. Council Minutes 11/20/67 Pg. 2 Moved by Ring, seconded by Coco, that Ordinance No. 372, relative to day nurseries and nursery schools, have first readinq by title only. Councilman Miller stated that it should be made clear that the Ordinance had been amended to prohibit these uses in the R-1 and E-4 zones. Above motion carried unanimously. 2. ZONE CHANGE APPLICATION NO. 67-160 TO CONSIDER THE APPLICATION OF ROBERT A. AND BETTY J. SCHOEFFLER FOR REZONING PROPERTY LOCATED ON THE SOUTHWEST SIDE OF WASS STREET APPROXIMATELY 220' SOUTHEASTERLY OF THE CENTER LINE OF NEWPORT AVENUE FROM U (UNCLASSIFIED) TO R-3 (MULTIPLE FAMILY) DISTRICT. Hearing opened at 7:37 P.M. Mr. Supinger presented staff report and recommendations for approval from the Planning Commission. Mr. Robert Schoeffler, applicant, stated that he petitioned for this zoning from U to R-3 as it is a good buffer between the commercial and the higher density properties at the north and east, and it fits in with the General Plan of the City. There being no further comments end no objections, the hearing was declared closed at 7:40 P.M. Moved by Miller, seconded by Ring, that Zone Change 67-160 of Schoeffler be approved and the City Attorney be directed to draft the neces~arX ordinance for reading at the next regular meeting. Motion carried unanimously. 3. NEWPORT AVENUE MYRTLE AVENUE ANNEXATION Mr. Gill reported that a written request had been received from the Saddleback Medical Development requesting that this hearing be continued to the next regular meeting as they are still in conference with the Planning Department relative to the facility p~oposed to be built and they prefer this matter be resolved before further proceedings on the annexation are held. Moved by Ring, seconded by Miller, that the hearing on Ordinance No. 378 relative to the Newport Avenue - Myrtle Avenue Annexation be continued to the next regularly scheduled meeting. Carried. VII. OLD 1. ORDINANCE NO. 375 BUSINESS AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING ORDINANCE NO. 305, SIGN ORDINANCE, AS AMENDED, RELATING TO SIGNS IN PLANNED COMMUNITY DISTRICTS. Council Minutes 11/20/67 Pg. 3 Moved by Ring, seconded by Coco, that Ordinance No. 375 have second reading by title only. Carried --- unanimously. Moved by Coco, seconded by Ring, that Ordinance No. 375, relating to signs in Planned Community ~ts, be passed and adopted. Carried by roll call. Ayes: Mack, Klingelhofer, COco, Miller, Ring. Noes: None. Absent: None. 2. ORDINANCE NO. 377 AN ORDINANCE OF THE CITY OF TUSTIN AMENDING THE TUSTIN CITY CODE RELATIVE TO ANIMALS AND FOWL. Mr. Gill reported that Mr. Rourke is meeting with the County on this matter after the next regular Council meeting, and requested deferment of this = matter until the December 18th meeting. Moved by Klingelhofer, seconded by Ring, that any action on Ordinance No. 37Z, relative to animals and fowl, be deferred to the meeting of December 18th. Carried. ~.~ 3. RESOLUTION NO. 913 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, COMMENDING THE CITY PERSONNEL FOR SERVICES RENDERED IN THE PASEO GRANDE FIRE. Moved by Miller, seconded by Coco, that Resolutio~ No. 913 be read in its entirety. Carried. Moved by Klingelhofer, seconded by Miller, that Resolution No. 913, commending the City personnel for services rendered in the Paseo Grande fire, be passed and adopted. Carried by roll call~ Ayes: Mack, Klingelhofer, Coco, Miller, Ring. Noes: None. Absent: None. Mayor Mack directed that copies of this Resolution No. 913 be sent to all department heads. Councilman Coco stated that he had received comments from a North Tdstin resident relative to such things as burning, fire, and hazards, and that he would like to bring the matter up at the end of __ the meeting. 4. BOYS' CLUB OF TUSTIN - PROPOSED LEASE ARRANGEMENTS Mr. Gill explained the lease arrangements and quitclaim deed releasing the present lease. Moved b~ Miller, seconded by Coco, that the Mayor and City Clerk be authorized to execute both lease agree~en~e an~ quitclaim deed~ Carried. Council Minutes 11/20/67 Pgo 4 In answer to questioning by Councilman Ring regarding existing improvements, Mr. Gill stated that existing facility of storage house will be removed and new storage facilities built° Hopefully when other storage room in the Youth Center building becomes available, this storage house will no~ be required and the Senior Citizens shuffle board will be relocated. V~II. NEW 1. RESOLUTION NO. 905 BUSINESS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AT FOURTH STREET AND IRVINE BOULEVARD AND AUTH- ORIZING AND DIRECTING THE CITY CLERK TO AD- VERTISE FOR BIDS. Moved by Klingelhofer, seconded bX Ring that Resolution No. 905 be read by titYe only. Carried unanimously. Moved by Klingelhofer, seconded by Miller that Resolution No. 905, approvi~g plans and specifications f6r signals at Fourth Street and irvine Boulevard, be passed and adopted. Carried by roll call. Ayes: Mack, Klingelhofer, Coco, Miller, Ring. Noes: None. Absent: None. 2. RESOLUTION NO. 914 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING COUNCIL POLICY NO. 70-5 RELATIVE TO ADOPTION OF AN ACCIDENT AND SAFETY REVIEW COMMITTEE. Mr. Gill reported the reasons for the Council ~ policy, adopted by this Resolution, which calls for the adoption of an Accident and Safety Review Committee. This Committee would investigate any accident and evaluate responsibility and perhaps recommend improvements in machinery and techniques, and prevent further accidents. Mr. Gill stated that in the case of the serious accident involving the street sweeper, the staff redesigned a portion of the street sweeper and the Mobile people have been contacted and it is his understanding that they will be incorporating these improvements an their new sweeper. Moved by Ring, seconded by Klingelhofer, that Resolution No. 914 be read by title only. Carried unanimously. Moved by Ring, seconded by Coco, that Resolution No. 914, adopting Council Policy No. 70-5 relative to adoption of an Accident and Safety Committee, be passed and adopted. Carried by roll call. Ayes: Mack, Klingelhofer, Coco, Miller, Ring. Noes: None Absent: None. Council Minutes 11/20/67 Pg. 5 Councilman Coco said this is good industrial practice and he WoUldlike to commend Mr. Gill for bringing this practice into the City govern- ment. 3. APPROVAL OF DEMANDS In answer to questioning by the Council, Mr. Gill stated that when replacing typewriters we are purchasing electric typewriters and that no replacements are budgeted or called for in the near future. In regard to washing of Police units, this is now done by purchase order at $1.00 per unit with units washed as necessary. The present company isgiving better service than those in the past. Moved by Ring, seconded by Klingelhofer, that demands in the amount of $33,517.93 be paid. ~arried. IX. OTHER 1. CITY ADMiINISTRATOR BUSINESS A. Superior Court Action Dill vs. City of Tustin Mr. Gill referred to his written report on the opl~of Judge Speirs in this matter and explained that the Judge had found that the section of Ordinance No. 347 relative to dress and actions of female entertainers is pre-empted by the State, but is severable from the rest of the Ordinance and the City can require Jim Dandy's andall establishments in the City to have entertainment permits. B. Chamber of Commerce Dinner Mr. Gill stated that this dinner featuring Mayor Sam Yorty had been cancelled as the Mayor had been called to Washington, D.C. C. Christmas DeCorations - Main and "D" Streets Mr. Gill &nformed the Council that the decorations last year at Main and "D" Streets which were purchased by the downtown business owners had been installed by City personnel on the existing Edison poles at no cost to the City. However, the Edison Company will not permit this type of installation again and the cost will be approximately $700.00 to install poles. Mr. Gill asked for the Council's pleasure in this matter. Councilman Ring stated he believed that the City has a policy statement that the City will contribute service to this sort of thing. He did not think there is any way to gauge any money that we should spend or where we should stop. Councilman Ring said ~%e is opposed to any expenditure of cash, but that relating to the policy, we will give services. Mayor Mack felt that this should be a responsibility of the Chamber of Comerce and ordered that this request be referred to them with a statement of the City Policy that we will help with services, but not with funds. Council mi~~ 11/2d/67 Pg. 6 D. Request of Golden West Citrus for Temporary Closing of Newport Avenue Mr. Gill stated that a request had been received from Golden EVest Citrus to close the east side of ~ Newport Avenue to the center line for six or eight half-hour periods to enable equipment to be moved out. Golden West has sold all equipment to Villa Park Orchards. An officer will be assigned for traffic control and the citrus company will pay for these services. Moved by Ring, seconded by Coco that the request of Golden West Citrus for closing of Newport Avenue as necessary for the movin/g of equipment be approved. Carried. E. Purchase of General Government Radios Mr. Gill stated that on September 5th the Council authorized the purchase of certain equipment in the employment of a tree maintenanceman and requested a minute order approving the purchase of two additional general government radios i~¢l~ded in that request. The amount of money was authorized at that time. Mr. Gill state~=that three radios will be purchased, one of which is budgeted for the Director of Public Works and of the other two requested, one will be in the street sweeper and one in the park truck. Move~ ~y Ring, seconded by Miller, that the request for purchase of two additional general government radios be approved. Carried. 2. CITY ATTORNEY None INFORMATION Following corr.espondence received: AND CORRESPONDENCE 1. Principles of Home Rule - League Of California Cities 2. Resolution opposing federal tax sharing - City of San Clemente 3. Letters of acknowledgement regarding Tustin Resolution No. 902 Richard T. Hanna Thomas A. Kuchel George Murphy 4. Commending Explorer Scouts Leland Oliver Co. 5. Newsletter - Explorer Scouts 60 Request from City of San Diego for a resolution asking the U.So Postmaster General to issue a California Commemorative 200th Anniversary stamp. Council directed that a letter be se~t from the Mayor supporting ~he request for a 2~0th Annive-rsa~y stampI Council Minutes 11/20/67 Pg. 7 7. Fire Suppression Report - Chief Hilton 8. Budget Analysis Report - J. Williams 9. Letter of Appreciation - General Thrash, USMC XI. OTHER 1. CITY COUNCIL BUSINESS A. Property Transfer Tax Councilman Coco asked Mr. Gill if he had any information on the property transfer tax~ ~Mr. Gill stated that it is anticipated thaton the 21st the Board of Supervisors will adopt the County Ordinance which will in turn authorize all cities to adopt such an ordinance. Unless the County adopts an ordinance, the City cannot adopt such an ordinance. It is anticipated that the County will adopt it and at the next Council meeting, there will be an ordinance before the Council for.the City of Tustin relativeto this transfer tax. If the County adopts the Ordinance, this will set the amount to be received by the County. If the City does not adopt it, that money will go to the County. If we adopt it, then the money will come to the City. This is in the same percentage of the tax that the Federal Government is releasing on January 1st. B. Burning Councilman Coco stated he had had a call from a Mrs. Eakin who lives inthe vicinity of Red Hill and Irvine. Sheis concerned about the burning she has seen in the City. One by Norweod and Prospect in the North Tustin area which was a part of the SeventeenthStreet-Holt Annexation and one by St. Paul's Episcopal Church and one down by E1 Toro. Counciiman Coco said he had asked Mr. Gill about burning regulations and had been given a report which he would like to give to Mrs. Eakin. We do have certainrestrictions and there is no burning except by permit and after january 1st, the allowed burnings~will be even more restricted. It will be restricted to only those burnings authorized by public officers for burning only in approved incinerators so there will be no more open burning except under very stringent regulations. Councilman Coco thanked Mr. Gill for being so prompt with his report. Co Explorer Scout Commendation Mr. Gill Stated that the Police Explorer Post had received an Award Of Achievement from the Boy Scouts of America. This is the first time such an award has been made in the past six years in Orange County. Councilman Klingelhofer suggested that the Explorer Post be directed to be present at the next Council meeting with their leaders to present the colors and be formally recognized in a suitable fashion. Mayor Mack so ordered. Council [,l~Fe~~ 11/20/67 Pg ~ 8 2. PUBLIC Mr. Gene Yarnell introduced himself as the new reporter for the Tustin News. XII. ADJOURNLIENT Moved by Rinq, seconded by Coco, that meeting be adjourned. Carried. MAYOR ~ITY CLERK