HomeMy WebLinkAboutCC MINUTES 1967 07 17 MINUTES OF A REGULAR MEETING
TUSTIN CITY COUNCIL
July 17, 1967
I.
CALL TO Meeting called to order at 7:3S P.M. by Mayor
ORDER
PLEDGE OF Led by Mayor Mack
ALLEGIANCE
INVOCATION Given by Councilman Klingelhofer
III.
ROLL Present: Councilmen: Mack, Klingelhofer, Coco, Miller.
CALL Absent: Councilmen: Ring (Mr. Ring arrived at 7:49 P.M.)
Others Present: City Attorney James Rourke
City Clerk Ruth C. Poe
Planning Director James Supinger
Finance Analyst James I~illiams
IV.
APPROVAL Moved by Coco~ seconded by Klingelhofer that minutes of
OF MINUTES ~'u'ly 3, 1967 be approved as mailed. Carried.
V.
PUBLIC 1. APPLICATION NO. ZC 67-1S6 OF C. F. GREENWOOD
HEARINGS AND ARTHUR PETERSON JR., FOR REZONING OF PRO-
PERTY FRONTING APPROX. 500 FEET ON THE EAST
SIDE OF PASADENA AVENUE, APPROX. 320 FEET
SOUTH OF THE CENTERLINE OF MC FADDEN AVE. FROM
THE "M" (INDUSTRIAL) DISTRICT TO R-3 (MULTIPLE
FAMILY RESIDENTIAL) DISTRICT.
Hearing opened at 7:37 P.M. Mr. Supinger presented the
Planning Staff Report and recommendations of the Planning
Commission for approval.
Mr. Charles Greenwood of 366 E. First St.~ rustin, one of
the owners of property involved, stated tha~ he and Mr.
Peterson had owned this property for qui~e a few years.
When annexed, the property was zoned "M". industrial
development has since moved south and property in this
area has developed into apartments and that is the reason
for the request of R-S zoning. R-S zoning is in conform-
ance with the General Plan.
There being no further comments and no objections, the
hearing was declared closed at 7:40 P.M.
Moved by Mille'r, seconded by Klingelhofer that aDplics~
tion ZC 67-1S6 be granted and the City Attorney draft an
Ordinance rezoning the subjec~ property. Motion carried
B'y roll call. Ayes: Mack, Klingelhofer, Coco, Miller.
Noesz None. Absent: Ring..
In answer to questioning by Mr. Coco, ~r. Supinger
stated that the property to the north of subject
property is not entirely C-2, a portion is "M". The
Planning Commission has initiated action, with the
property owner's.approval, to rezone portion zoned "M"
to "C-2".
Council Minutes 7-17-67
Public Hearings Psge 2
2. ORDINANCE NO. 352
PROPOSED ORDINANCE TO PROVIDE FOR THE LOCATION
OF SMALL ANIMAL HOSPITALS & CLINICS IN C-l, C-2,
AND C-3 DISTRICTS SUBJECT TO VARIOUS CONDITIONS.
Hearing opened at 7:41 P.M.
Mr. Supinger presented Planning Staff and Commission
recommendations for approval.
There being no comments or objections, the hearing was
declared closed at 7:42 P.M.
Councilman Klingelhefer stated that it appears the
changes are to the liking of everyone.
Moved by Kling~l~ofer, seconded by Coco that Ordinance
No. 352, pertaining to the location of small animal
h"6'~pitals and clinics, have first reading by title only.
Carried unanimously.
3. ORDINANCE NO. 353
PROPOSED ORDINANCE, AMENDING ZONING ORDINANCE NO.
157, AS AMENDED, REGULATING THE HEIGHT & LOCATION
OF FENCES, HEDGES & WALLS AND A DEFINITION OF
FRONT & SIDE YARD.
Hearing opened at 7:44 P.M.
Mr. Supinger presented Staff Report and recommendations
of the Planning Commission for adoption of this Ord~e
In response to the request ofMr. George~ Ritzi, ~r.
Sup~nger explained contents an~ basic reasons for this
Ordinance.
There being no further comments and no objections, the
hearing was declared closed at 7:47 P.M.
Councilman Klingelhofer asked what provisions were made
for a home bounded by streets on three sides.
Mr. Su~inger did not know of a provision for this, or
of an axisring case like this. Mr. Supin~er said that
the City does not have control over that situation at
the present time as set forth in this particular Ordi-
nance, however, something could be worked o~ along
this line.
Councilman Miller questioned the intent of SectiOn.~j2
of proposed Ordinance, on front yard definition.
Questioning specifically where ~he Ordinance state.s,
"if any official plan line has been established f~
the street upon which 1~ faces", etc.
Mr. Rourke stated that~F~or'these purposes, fences,
hedges and walls--the"'~ront yard would be from the
plan line if there wa.s '6h8 that was set. inside of
the front lot line. It Would be from there to the
front of the building.
Mr. Miller stated he did not feel this to be a good
requirement. A man should be able to build a full
fence to the setback line.
Council Minutes 7-17-67
Public Heari'n~ Page 3
Mr. Ring arrived at 7:49 P.M.
After further discussion by the Council, Mr. Supinger
stated that a plan line is something different from
a building setback line. Mr. Miller stated there should
be a definition in the Ordinance spelling out the
differences between setback and plan line, and requested
these definitions for the next meeting.
Mr. Coco felt that hearing on this Ordinance should be
continued in order to provide requested definitions and
to be sure we have provided for safety factor on lots
bounded by streets on three sides.
Moved by Coco, seconded by Klingelhofer that hearing on
proposed Ordinance No. 353 be continued to the next
yegular meeting. Carried.
4. ORDINANCE NO. 362
PROPOSED ORDINANCE, AMENDING ZONING ORDINANCE
NO. 157, AS AMENDED, PROVIDING FOR THE ISSUANCE
OF USE PERMITS FOR TEMPORARY USES FOR A MAXIMUM
PERIOD OF SIX MONTHS.
Hearing opened at 8 P.M.
Mr. Supingot presented report and recommendations of
t'he Planning Commission for approval of proposed.
Ordinance.
There being no comments or objections, the hearing was
declared closed at 8:01 P.M.
Moved by Coco, seconded by Miller that Ordinance No.
362, amending the Zoning Ordinance relative to the
issuance of Use Permits for temporary uses, have first
reading by title only. Carried unanimously.
S. TO CONSIDER APPLICATIONS FOR APPOINTMENT OF
A MEMBER TO THE TUSTIN PLANNING COMMISSION.
Hearing opened at 8:03 P.M.
Mr. Miller suggested that a committee of 2 or 3 Council-
men be appointed ~o interview each of the applicants.
This would give each applicant an equal opportunity te
state his case and tell about himself. Applicants should
still be heard at a public hearin~ but some applicants
are better knmvn to some councilmen than to others. If
this suggestion is accepted~ it would result in a continu-
ation of this hearing.
Councilman Coco stated he thought Mr. Miller's suggestion
a good one, but would. modify it sli~htly by a 3-Point
---- sequence, as follows:
1) Hear applicants 'at Public Hearing as
it is noticed.
2) Continue the meeting to give the Cour_cil
time to resolve such questions as they
may have. Not necessarily will each
individual applicant be interviewed
if any specific questions cf
they could be contacted.
3) Receive committee recommendations at the
next meeting and then decide.
Council ~linutes 7-!7-67
PubIic FIe~i~ Page 4
Mayor Mack explained the responsibilities of commissioners
and introduced the foliowine applicants to state their
reasons for desiring appointment:
Mr. Don Combs Mr. A. C. Novick
Mr. Lowell A. Dukleth Mr, George Ritsi
Mr. Howard E. Labnard Mr. Lawrence S. Webster
Moved by Klingelhofer, seconded b7 Miller that this hear-
in~ be continued to the next council session. Carried.
Councilman Klin~elhofer stated that some ~f these appli-
cants may be asked to arrange an interview with a
committee prior to the continued hearing.
Mr. Coco and Dr. Klingclhefer volunteered to serve on
committee to interview applicants.
Mr. Coco stated that there may be questions on a s~ecific
point of individual applicants, and if any one a~plicant
~s nc~ contacted in the next two weeks, it certainly does
not mean that he is not under consideration. This will
give time to make recommendations to the council as a
whole. It would appear that each of the a~licants are
from the north end of town. N~ one from the east or south
section of town. iVe are hopeful of area representation.
Length of residency in the city is a factor but we would
be hopeful that there would be applicants from other areas
of the city.
Mayor Mack thanked all applicants for bein~ ~rescnt.
Vt,
OLD 1. RESOLUTION NO. 895
BUSINESS ~ ......
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA COMMENDING JAMES SHARP.
Moved by Ring, seconded by_.~!ingelhofer that kesoiuzion
No. 89S be ~a~'~ i'~s"entire'~y. Carried unanimousSy.
Moved by Coco~ seconded by Rin~ that Resolution No. 895,
commending James Sharp, be ~assed and adooted. Carried
by roll call. Ayes: Mack, Klingelhofer,'Coco, Miller,
Ring. Noes: None. Absent: None.
Mayor Mack presented Resolution to Mr. Shar~ and ex~relssed
the gratitude of the City for his time and effort spent on
behalf of the Commission and the Architectural Committee.
2. RESOLUTION NO. 892
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, ADOPTING A PLAN OF
EMPLOYEE CLASSIFICATION.
Moved bM Klingethofer, seconded by Rin~ that Resolution
No. 892 be reKd by title only. Carried unanii~[
Moved by Klin~elhofer, seconded by Ring that Resolution
No. 892, adopting a Plan of Employee Classification~ bc
m.~7~s~'H'and adopted. Carried by roll call. Ayes: Mack,
Klingelhofer, Coco, Miller, Ring. Noes: None. Absent:
None.
Council Minutes 7-17-67
New Business Page S
VII.
NEW 1. RESOLUTION NO. 895
BUSINESS
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, RESCINDING RESOLUTION
NO. 876, AND ADOPTING COUNCIL POLICY NO. 30-1
RELATIVE TO ESTABLISHMENT OF POLICIES, REGULA-
--- TIONS, PROCEDURES, AND GUIDELINES FOR THE
DEVELOPMENT OF SERVICE STATIONS.
Moved by Rin~ seconded by Klingelhofer that Resolution
No. 893 be read by title only. Carried unanimously.
Moved by Ring~ seconded by Miller that Resolution No.
8.93, amending Policy No. S0-1, be passed and adopted.
Carried by roll call. Ayes: Mack, Klingelhofer, Coco,
Miller, Ring. Noes: None. Absent: None.
2. RESOLUTION NO. 894
A RESOLUTION ON THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, REQUESTING TERMINATION OF
THE OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE
AGREEMENT BETWEEN THE CITY OF TUSTIN AND THE STATE
OF CALIFORNIA.
Moved by Miller~ seconded by Coco that Resolution No.
894 be read by title only. Carried unanimously.
Moved by Klingelhgfer, seconded by Miller that' Resolp
tion No. 894, requesting termination of the Old-Age,
S'u'rvivors, and Disability Insurance Agreement with the
State of California, be passed and adopted. Carried
by roll call. Ayes: Mack, K'lingelhofer, Coco, Miller,
Ring. Noes: None. Absent: None.
3. ORDINANCE NO. 361
AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA,
PRESCRIBING REGULATIONS FOR THE INSTALLATION,
MAINTENANCE, ALTERATIONS AND REPAIR OF PLUMB-
ING AND DRAINAGE SYSTEMS, ADOPTING BY REFERENCE
THE UNIFORM PLUMBING CODE, 1967, AND REPEALING
ORDINANCE NO. 209 AND ANY AND ALL OTHER ORDI-
NANCES, OR PARTS OF ORDINANCES, IN CONFLICT
WITH THIS ORDINANCE.
As suggested oy Mr. Miller, Section 2 (h)~ lines
3, 4 and S, was corrected to read: "shall be installed
on the fron~ and rear of all buildings which normally
require water piping, except private garages and acces-
sory buildings".
Moved by Miller.. seconded by Ring that Ordinance No.
YF!I subject to'corrections state~n~ by
~ence the Uniform Plumbing Code, 1967~ %nd repeal-
ing Ordinance No. 209, have first reading by title
only. Carried unanimously.
4. CONFIRMATION OF WEED ABATEMENT CHARGES FOR
1966-67 FISCAL YEAR.
Moved by Coco, seconded by RinR that weed abate~Int
~har~es, as specified, be confirmed.
WEED ABATEMENT CHARGES
A.P.~ AMOUNT A.P.# AMOUNT
62-022-S0 $25.00 62-323-06
62-033-20 25.00 62-360-32 25;0b
62-071-22 35.00 .. 62-592-17 85.00
62-081-04 ?.SO 62-592-18 10.00
62-081-05 7 SO...., 62-601-09 45.00
62-121-01 1S 00~ 62-632-07 35.00
62-121-DS 25 00~''~ 103-200-85 25 00
62-140-62 35 0C 103-242-r2 25 00
62-161-07 12 50 103-292-25 1S 00
62-161-08 12 SO 103-300-34 25 00
62-263-05 10 00 103-641-19 20 00
62-272-01 15 00 104-273-30 i5 00
62-272-03 20.00 401-041-03 20 00
62-280-37 30.00 401-042-01 25 00
62-322-10 20.00 14-353-07 35 O0
5. REQUEST OF ORANGE COUNTY RAMBLERS
BANNER AT 345 W. FOURTH STREET.
City Attorney Rourke asked for deferment until next
meeting as there is a question with the Sign Ordinance
whether or not this could be granted. The Ordinance
covering temporary uses, which had its first reading
at this meeting, could be granted for specified. 30
days by the Planning Department. Temporary uses at this
time are 3 days, and signs over public rights-of-way are
prohibited.
Moved by Ring~ seconded by CoCo that this request from
Orange County Ramblers be deferred to next regular meet-
ing. Carried.
6. APPROVAL OF DEMANDS
Moved by Miller, seconded by Coco that 1966-67 fiscal
demands, in amount of $9',649.71, and 1967-68 fiscal
[[~, in amount of $34,127.21, be paid. Carried.
VIII.
OTHER 1. CITY ADMINISTRATOR
BUSINESS
1) Report regarding recognition for service.
Followin~ a discussion by the Council, it was ordered
that this order of business be continued to the first
meeting in. September..
2. CITY ATTORNEY
1) Preemption
Mr. Rourke stated the Assembly Bill 8?? is the only one
now which has a chance of being adopted. At this time
he did not know the degree to which amendments maybe
made. AB 877, ~s it stands, would not ~o very far
toward clarifying any problems which the city may have.
Some people still interestedwin clarifying the preemption
problem have some optimism that they may achieve further
amendments which would be helpful. Mr. Rourke did not
feel that any correspondence should be entered into
until any amendments are made known, as it is not desir-
able to express support of the bill in its present form.
Council Minutes 7-17-67
Other Business Page 7
In answer to-questioning by Mr. Coco, Mr. Rourke
said that this bill will prohibit the city from
passing any laws having to do with topless enter-
tainment but give the city province over tooless
waitresses and food servers. In this area, the
Alcoholic Beverage Control is taking a stand on
topless waitresses etc. so that has really not
been a city problem.
IX.
INFORMATION The following correspondence and reports received:
& CORRESPON-
DENCE Bylaws Orange County Division League of California
Cities
Executive Board Minutes - Orange County Division
League of California Cities
Building Department Monthly Reports Fred Brook
Fire Department Reports Morgan Hilton
Press Release - Air California
Semiannual Traffic Report Glenn Sissel
Beautification Award Program Quentin Fleming
X.
OTHER 1. CITY COUNCIL
BUSINESS "
1) BuildinK Permits
Mr. Miller commented on article in Los Angeles Times
showing that Tustin is one of the few cities in the
county showing an increase in building permits over
the last year.
2) City Beautification Award
Mr. Coco commented on City Beautification Award
program presented by Mr. Fleming and said he had
several recommendations that might strengthen
proposal and encourage broader participation.
With Council's permission, perhaps each Council-
man could contact Mr. Fleming individually. Mr.
Coco also commended Mr. Fleming for coming forth
with such a good program.
2. PUBLIC
None.
XI.
ADJOURNMENT Moved by Klingelhofer, seconded by Miller that hall
be cleared and meetin be adjourned to a personnel
session. Carri~