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HomeMy WebLinkAboutCC MINUTES 1967 04 03 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL April 3, 1967 CALL TO Meetihg called to order at 7:32 P.M. by Mayor Mack. ORDER II. PLEDGE OF Led by Mayor Mack. ALLEGIANCE III. ROLL Present: Councilmen: Mack, Klingelhofer, Coco, Miller, CALL Councilman Ring arrived at 7:37 P.M. Absent: Councilman: None Others Present: City Administrator Harry E. Gill City Attorney James G. Rourke City Clerk Ruth C. Poe Planning Director James Supinger IV. APPROVAL Moved by Klingelhofer, seconded by Miller that minutes of OF MINUTES the March 20th meeting be approved as mailed. Councilman COco asked that the word permissible - page 3, Item 2 be changed to permissive. Correction so noted. Motion Carried. PUBLIC 1. ZC 67-152 - ELIZABETH LA POINTE HEARINGS RECLASSIFICATION OF LOTS 2 & 3, TRACT 2187, FROM C-1 TO C-2. SITE FRONTS APPROXIMATELY 80' ON NORTH SIDE OF MAIN ST. & APPROXIMATELY 140' ON WEST SIDE OF PREBLE DRIVE. Mr. Suplnger presented the staff report and recommendations from the Planning Commission for approval of ZC 67-152. Miss Margarete Waits a partner in the business and Mrs. Kenneth Deisch - owner of building in the area to be rezoned, stated that they are in favor of rezoning. There being no further comments or objections the hearing was declared closed at7:37 P.M. It was confirmed that there had been no written or oral protests. Councilman Ring arrived at 7:37 P.M. Moved by Coco, seconded by Klingelhofer, that Zone Change ~7-1~2 ~e approved and th~ City Attorney be directed to draft an Ordinance to that effect. Motion carried. 2. PZ 67-104 - SADDLEBACK MEDICAL DEVELOPMENT PREZONING TO P.C, (PLANNED COMMUNITY DISTRICT), APPROVAL OF DEVELOPMENT PLANS AND APPROVAL OF DEVELOPMENT STANDARDS FOR AN EIGHTY-SIX BED PROPRIETARY GENERAL CARE HOSPITAL, WHICH WILL ULTIMATELY CONTAIN 250 BEDS. SITE FRONTS 330 FEET ON THE SOUTHEAST SIDE OF NEWPORT AVE. AT MYRTLE AVE. & CONTAINS APPROXIMATELY 4.8 ACRES. Council Minutes 4/3/67 Pg. 2 Rearir~ No. 2 continued. Mr. Supinger presented background material, together with the staff report and Planning Commission recommendations. Hearing opened a~ 7:40 P.M. Dr. James Casteel of 13420 Newport Ave., spokesman for the Medical Development group presented the following Doctors of the group and the background of each: Dr. Allen Holen, Dr. Donald Donahue, Dr. Louis Galente, Dr. Frank Vellolobos, Dr. Robert Wiener, Dr. Richard Hayden, Dr. Richard Sellman, Dr. William Haines, Dr. Melvin Shiffman, Dr. Ernest Ainslee, and Dr. Earl Kiernan. Dr. Casteel, Dr. Shiffman, Dr. Kiernsn, and Mr. Bob Gillman, builder, then spoke in favor of this prezoning and the Saddleback Medical Development, pointing out the need for this hospital and existing over capacity, need for emergency room in the area, why they felt this to be an excellent location, adequate parking facilities, beauty of the architecture and landscaping, volume of employment, adequate housing in the area, additional taxes and pur- chasing power in the community, effect or lack of effect of the Hospital Planting Commissions decision as a private hospital financed by Orivate funds, compliance with Tustin Fire Department requirements, and the use of small hos- pitals as satellite hospitals to both large hospitals & regional medical centers. Dr. J. Doyle s~oke in favor of the expansion of existing larger hospitals rather than the building of small private hospitals. Mr. C. Mslinowski, Administrator of Santa Aria Community Hospital, informed the Council of the expansion plans for Santa Ana Community. Mr. Paul White - Chairman of the Orange County Ares Hospital Committee, spoke on the processes followed in obtaining approval of various governing bodies & costs of construction & maintenance of a competant institution. Dr. Robert Dreibelbis - asked to go on record as a private physician and as an individual in this community that he is opposed to proprietary hospitals. Mrs. Robert L. Mason objected to the location of the hospital on the grounds of noise and traffic in the area. There being no further comments or objections the hearing was declared closed at 8:39 P.M. A discussion by the Council followed at which time questions were asked of the interested person, both pro & con, as to: Questions posed by the letter from the president of the Orange County Medical Society. Status of expansion of Santa Ana Community Hospital. Function of the Regional Committee of the Hospital Planning Associstlon. Pros & cons of Proprietary verses Non-profit hospitals. Appropria~ness of the location. Type of facilities planned for this hospital. Quality & excellence of service to the community. Council MinUtes 4/3/67 Pg. 3 Hearing NO. 2 Cont. Five minute recess called by Mayor. Meeting reconvened at 9:16 P.M. Moved by Miller, and duly seconded, that in order to give this group time to answer questions we continue this hearing until our next regular meeting.""'Motion failed. " ' " Moved by Ring, seconded by Klingelhofer, that PZ 67-104 b~..denied.' Roll call vote call'ed for. Motions'failed ~. Ayes: KlingelhOfer, Ring. Noes= Mack, Coco, Moved bx Coco, seconded by Ring, that this whole question ~e deft[red for ~ 'period of two weeks, during whi6h time ~e can begin to get an expression f~om the medical community on this matter. Mr. Coco explained that he'would like to see all interested parties meet with Mr. Gill to formulate a questionnaire to be sent to the medical representatives in this community. Above mg~ion carried. On request of Mr. Miller, Mayor Mack directed that this questionnaire be sent to all people concerned. 3. UP 67-227 - APPEAL APPEAL OF THE DECISION OF THE TUSTIN PLANNING COMMISSION DENYING USE PERMIT NO. 67-227 OF KENNETH HINSVARK TO PERMIT CONSTRUCTION OF A SERVICE STATION AT THE NORTHEAST CORNER OF NEWPORT AVE. AND MAIN ST. Staff report and ~ommission action presented by Mr. Supinger. Hearing opened at 9=40 P.M. Mr. Kenneth Hinsvark, applicant, spoke on behalf of this ~ppeal stating that they felt this is a key location and that they ultimately planned to develop the entire 5 acre parcel, but had not been asked to file plans for that at the time they applied for this Use Permit. Also questioned the province of the Planning Commission to regulate the economics or need for another station. On questioning by Councilman Coco, the City Attorney stated that although the Planning Commission had not denied this Use Permit by direct motion, the application was denied as no action granting the permit was taken, nor was the hearing or decision continued. Mr. F. Westover of Gulf Oil Corp. spoke in favor of the granting'of this permit and stated he was in favor of Use Permits for architectural control and to govern developments but not governing the need or the economics. After a discussion as to whether or no= the Code required a plan for the entire commercial development when it contained 5 acres or more, it was the opinion of the City Attorney that although it was not required by ordinance the Planning Conunission could require it if they saw fit. Council Minutes 4/3/67 Pg. 4 Rearing No~ 3 cont. There being no objections or further comments the hearing was declared closed at 9:59 P.M. Moved by Miller~ seconded by Ring, that the Planning Commission be upheld in their denial of this Use Permit. After further discussion as to use permit requirements, esthetics of this development, requirements of service station standards, need for plans on remaining portion of the 5 acres the above motion to uphold the Planning Commission's denial and the second were withdrawn. Moved by Miller, seconded .by Ring, that Use Permit Applicgtion No. 67-227 be directed back to the Planning Commission to be handled as they wish by the filing of a plan for the total development. Motion Carried. VI. OLD 1. ORDINANCE NO. 344 BUSINESS AN ORDINANCE AMENDING THE TUSTIN CITY CODE RELATIVE TO FEES AND BUSINESS LICENSES Moved by Klingelhofer~ seconded by Ring, that Ordinance No~ 344 have second reading by title only. Carried unanimously.. Moved .by Ring~ seconded by Klingelhofer, that Ordinance 'hi No. ~44', amending the Tustin City Code relative to fees and business licenses, be passed and adopted~ Carried by roll call. Ayes: Mack, Klingelhofer, Coco, Miller, Ring. Noes: None~ Absent: None'. 2. ORDINANCE NO. 345 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING ARTICLE III OF THE TUSTIN CITY CODE, RELATIVE TO THE PLANNING COMMISSION Councilman Coco questioned the fact that the body Of the text of Section 2-12, made no notice of the time at which notice should be filed. The words "one month prior to expiration of term" were inserted. moved by Coco~ seconded by Ring., that Ordinance No, 345, as corrected, amending Article III of the Tustin City Code, relative to the Planning Commission, have first reading by title only. Carried unanimously. 3. RESOLUTION NO. 872 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RESCINDING RESOLUTION NO. 678, AND ADOPTING COUNCIL POLICY N0.20-10, RELATIVE TO APPOINTMENT OF COMMISSION MEMBERS The Clerk informed the Council that applications were retained on file, but that most of the previous applications has been withdrawnby the applicants. Council Minutes 4/3/67 Pg. 5 Old Business # 3 cent. Moved by Miller, seconded by Ring, that Resolution No. 872 be ~ead by title only. 'CarrUed unanimously. Moved by Coco, seconded by'Klingelhofer, that Resolution No. 872, rescinding ResolUtion No. 678, and adopting Council Policy No. 20-10, be passed and adopted. Carried None. Absent: None. 4..RESOLUTION NO. 873 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, COMMENDING DON HEFNER. Moved by Coco, seconded by Klt~elhofer, that Resolution No. 87~'be read in its en%irety'.' Carried. Moved by Ring, seconded by Klin~elhofer, that Resolution No. 877, commending DonHefner, be passed and adopted. Motion carried unanimously. 5. ORDINANCE NO. 346 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE TO PROVIDE FOR A LICENSE AND PERMIT BOARD Moved by Coco, seconded by Klingelhofer, that Ordinance ~o. 346 have first readin~ by title only. Carried Unanimously. 6. ORDINANCE NO. 347 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE RELATIVE TO ENTERTAINMENT ESTABLISHMENTS. ~unoilman Coco stated that several suggestions to strengthen this Ordinance had been presented ~o the City Administrator and incorporated in the Ordinance. Moved by Coco, seconded b~ Ring, that Dr. dinance No. ~47 have first readir~ by title only. Carried unanimously. 7. ENTERTAINMENT PERMIT REQUEST - Robert & Lenora Dill Cent. from March 20th meeting. In answer to questioning by Mr. Coco, Mr. Gill said that ~his would be reviewed by the Building Department, but there were no other comments or specific conditions a~ ~his time other than those em file from the Police and Fire Departments. Moved by Ring, seconded bF Miller, that this entertainmen~ permit ~e denied. · Councilman Coco made the following statement as a matter for the record: ~ ~ Council Minu~es~ 4/3/67 Pg. 6 Old Business NO. 7 Cont. Coco - What we started to work on tonight is a very stringent Ordinance, for the benefit of the audience and those who haven't read it, to regulate entertainment in the City of Tustin. We had our first reading of an Ordinance which is extremely specific in not allowing topless and -- bottomless and any other of the exposed types of enter- tainment that is starting to become prevalent in Orange County. This is one of the stronger Ordinances in the County, and whether or not it holds up in court is not the fault of the way it is wcitten, but of the possible pre-emption of the field by the State. I think we need something like this in the City of Tustin to avoid some of the troubles of the other cities. And I think we are well under way with our first reading tonight, and our next reading at the next Council meeting, to avoid going any further into the realm of the indecency that we have seen in this County. This Should take care of those things that might transgress, or go beyond the bounds of good taste. The applicant before us is asking for an entertainment permit. The recommendations from the City Staff seem to be neutral in the sense of qualifying with past require- ments. I'm very strongly in favor of passing a rather strict Ordinance against the indecent entertainment. As far as I see in the applicant's petition, he has no intention of putting in this type of entertainment. Tonight we read an ordinance and after the second reading he will not be able to - even if he should so desire. Above motion failed. Motion was re-read by the Clerk as requested by Mr. Miller and a re-vote by roll call was called for. Motion carried. Ayes: Ring, Klingelhofer, Miller, Mack. Noes~ COCO. AbSent: None. VII. NEW 1. AWARD OF CONTRACT FOR IMPROVING YORBA STREET BUSINESS FROM 1268' NORTH OF FOURTH STREET TO 3177' NORTH OF FOURTH STREET. Moved by. MilleR, seconded by Klingelhofer, that the contract for improving Yorba St. from i2~8' North of Fourth St. to 3177' North of Fourth St. be awarded to the Sully-Miller Contracting Co. in the amount of ~10,276.21 and the Mayor and City Clerk be authorized to execute the necessary documents. Carried. 2. AWARD OF CONTRACT FOR IMPROVING MCFADDEN STREET FROM A.T. & S.F. RAILROAD TO WALNUT AVENUE. Moved by Miller, seconded by Ring, that the contract for m~vi~g McFadden St. from the A.T. & S.F. ~l'~to Walnut Ave. be awarded to Sully-Miller Contracting Co. in the amount of $21,488743 and the ~ayor and City Clerk be authorized to execute' th~ necessary documents. Carri~ 3. APPROVAL OF AGREEMENT WITH THE COUNTY OF ORANGE, THE IRVINE CO., AND THE CITY FOR ADDITIONAL CONSTRUCTION ON PORTIONS OF RED HILL AVENUE WITHIN THE CITY LIMITS BETWEEN MAC ARTHUR BLVD. AND THE SANTA ANA FREEWAY, AND TO AUTHORIZE THE TRANSFER OF $19,000.00 FROM UNDISTRIBUTED RESERVE TO ACCOUNT NO. 5000. Council Minutes 4/3/67 Pg. 7 New Business #3 cont. Moved by Miller~ seconded by Klingelhofe~, that the Mayor and City Clerk be authorized to execute the agreement between the County of 0rsnge'~ the Irvine Company and the City of Tustin to provide additional street construction for portions within the City limits oh Red Hill Avenue from MacArthur Blvd. to the Santa Ana Freeway, and to authorize the transfer of $19,000.00 from Undistributed Reserve to Account No. 5000..~arried. 4. AGREEMENT WITH CHAMBER OF COMMERCE, FOR COMMUNITY PROMOTION ACTIVITIES. Moved by Miller, seconded by Klingelhofe~, that the Mayor and City Clerk be authorized To execute agreement with !he Tustin Chamber Of Commerco for community promotion activities for one year beginning April l, 1967, and the expenditure of necessary reserve funds from the 1966167 fiscal year be authorized. Carried. 5- EMPLOYEES, RETIREMENT SYSTEM ~oved by Rt~g, seconded~ by Klingelhofer, that the City s oC ~ Y ity employees and to begin proced urea as necessary. ...Carried. Mayor Mack commended the Commi~e for bringing forth the facts on this matter so that the Council could make a decision. 6. TRAVEL REQUEST - INTERNATIONAL INSTITUTE OF MUNICIPAL CLERKS Moved by Klingelhofer, seconded by Ring that the City 'Cl~rk be authorized tO attend the annual conference o~~ the..~nternational Institute of Municioal Clerks to be held in Los Angeles, May 22-25, 1967 ~nd ~o incur all necessary costs at City expense. Carried. 7. APPROVAL OF DEMANDS Moved by Ring, secondedby Miller, that demands in the amount ~f ~52.703.82 be ~proved and pai~. Carried. VIII. REPORTS & 1. AGREEMENT WITH RICHFIELD OIL CO. OTHER " BUSINESS Mr. Gill presented an agreement with Richfield Oil Co. for the purchase of gasoline for a period of one year from March 1967. with a:one year extension subject to mutual agreement. T~ls was the low bid through County .-. Purchasing. Moved by Klingelhofer, seconded by Ri~t?, that the Mayor and Cit~ Clerk be authorized to execut~ agreement with Richfield Oil C---- -__ ~o. Motion Carrie~. 2. TUSTIN TILLER DAY STREET DANCE, ~oved b~ Klingelhofer, seconded by Ri~, that re~st of Tustin Tiller Days to postpone' the ~pril 8th?~eet ~snce to April 22~d be approved. Carried. Council Minutes 4/3/67 Pg. 8 Reports & Other Business cont. Following reports received - no action necessary. Parks & Recreation Commission - recommendation re: California Roadside Council. ~-~ Personnel Activity Register - Harry E. Gill. Excerpt from Wall Street Journal - A. J. Coco Excerpt from L. A. Times - Harry E. Gill. Excerpt from S. A. Register - Harry E. Gill Legislstlve Bulletin - League of Calif. Cities~ IX. CORRES- Following Correspondence received -'no action taken: PONDENCE City Newsletter - Harry E. Gill. Minutes of a Special Meeting - Orange County League of Cities Executive Board. Application for Planning Commission - Robert L. Shaw. Resolution re California College of Medicine Orange County Chamber of Commerce. Suggested amendments to Streets & Highways Code - City of Fountain Valleyj Resolution re Allocation of State Gasoline Taxes - City of National City. Transcript of Symposium on "Land Use, Planning and Assessment" - County of Orange. X. ADJOURN- Moved by Ring~ seconded by Coco, ~hst meeting be adjourned. MENT Carried. MAYOR