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