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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~