Loading...
HomeMy WebLinkAboutCC MINUTES 1967 03 20 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL March 20, 1967 I. CALL TO Meeting 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 Absent: Councilman: Rind (Councilman Ring arrived at 8:10 P.M.) Others Present: City Administrator Harry E. Gill City Attorney James G. Rourke City Clerk Ruth C. Poe IV. APPROVAL Moved by Miller, seconded by Coco, that minutes of the OF MINUTES March 6, 1967 meeting be approved as mailed. Carried. V. PUBLIC None HEARINGS VI. OLD 1. CANVASS OF VOTES - 17th and Holt Annexation BUSINESS Envelopes No. 4 of Precincts 1, 2, and absentee were opened and tally sheets checked. The following results of votes cast were read by the Mayor: Proposition: Shall,the Seventeenth and Holt Annexation be annexed to the City of Tustin, California? Precinct Yes No Total 1 86 264 350 2 109 516 625 Absentee 1 4 5 Total Votes 196 784 980 Moved by Coco, seconded by Miller, that after a canvass of all votes cast in the Seventeenth and Holt Annexation, it is determined that this annexation did not clear. Motion carried. 2. ORDINANCE NO. 340 TO CONSIDER THE ADOPTION OF ORDINANCE NO. 340 "AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE ZONING ORDINANCE ORDINANCE NO. 157, AS AMENDED, TO PERMIT A CARETAKER'S APARTMENT INCIDENTAL TO A SMALL ANIMAL HOSPITAL." Council Minutes 3/20/67 Page 2 Moved by Miller, seconded by Klingelhofer, that Ordinance No. 340 have second reading by title only. Carried unanimously. Moved by Klinqelhofer, seconded by Coco, that Ordinance No. 340, amending the Zoning Ordinance to permit a caretaker's apartment incidental to a small animal hospital, be passed and adopted. Carried by roll call. Ayes: Mack, Klingelhofer, Coco, Miller, Noes: None. Absent: Ring. 3. ORDINANCE NO. 342 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, PREZONING PROPERTY OF IRVINE, AND AMENDING THE TUSTIN AREA GENERAL PLAN. Moved by Miller, seconded by Klingelhofer, that Ordinance No. 342 have second reading by title only. Carried unanimously. Moved by Coco, seconded by Klingelhofer, that Ordinance No. 342, prezoning property of Irvlne and amending the Tustin Area General Plan, Be passed and adopted. Carried by roll call. Ayes: Mack, Klingelhofer, Coco, Miller. Noes: None. Absent: Ring. 4. ORDINANCE NO. 343 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY, DESIGNATED "RED HILL- WALNUT ANNEXATION" TO THE CITY OF TUSTIN, CALIFORNIA. Moved by Klingelhofer, seconded by Coco, that Qrdinance No. 343 have second reading by title only. Carried unanimously, Moved by Coco, seconded by Miller, that Ordinance No. 343, approving the "Red H~ll-Walnut Annexation", be passed and adopted. Carried by roll call. Ayes: Mack, Klingelhofer, Coco, Miller. Noes: None. Absent: Ring. 5. 1. RESIGNATION OF DON HEFNER AS A MEMBER OF THE PLANNING COMMISSION. Moved by Miller, seconded by Klingelhofer, that the resignation of Don Hefner be accepted with regret. Carried. ' ' Moved by Miller, seconded by Klingelhofer, that this resignation be effective upon appointment of replacement on the Commission. Carried. Mayor Mack directed that a Resolution of Commendation be prepared for Mr. Hefner. 2. CONSIDERATION OF COUNCIL POLICY IN APPOINTMENT OF MEMBERS OF CITY COMMISSIONS. Councilman Miller asked who had initiated the change of Policy in appointing Planning Commissioners. Council Minutes 3/20/67 Pg. 3 Mr. Gill said this proposed Policy had been written sometime back and had been submitted to both Parks and Recreatxon, and Planning Commissions for review. As pointed out in the report, the Planning Commission presented a few questions. This proposal follows the Code, as well as ReSolution NO. 678. Councilman Miller said it seems inconsistent with Resolution No. 678 which calls for a public hearing and the Policy says "Mayor with approval of Council". Mr. Gill stated the Code takes precedent over the Resolution and the Code states "by appointment", so any deviation would require an amendment to the Code. Councilman Miller stated he preferred an amendment to the Code and conformation to Resolution No. 678. After a discussion regarding the questions set forth by the Planning Commission, the Council agreed on the following: 1. Number of Commissioners to remain at seven. 2. Ex-officio, City employees, or legislative members should not be eligible for appointments. (Councilman Coco noted that the Code is permissible in this.) 3. Resolution No. 678 covers procedure for appoint- ments and they should be made by a full Council. 4. Vacancies shOUl~ be filled only after public hearing and notice, and selection made from list by Resolution. 5. Only registered voters residing in the City shall be appointed and must stay registered voters to be retained. 6.Removal Of Commissioners should be at the pleasure of the Council by majority vote. VII. NEW 1. ORDINANCE NO. 344 BUSINESS AN ORDINANCE AMENDING THE TUSTIN CITY CODE RELATIVE TO BUSINESS LICENSE FEES. Moved by Klingelhofer, seconded by Coco, that Ordinance No. 344, amending the City Code relative to business license fees, have first reading by title only. Carried unanimously. 2. RESOLUTION NO. 871 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REQUESTING ANNEXATION OF TERRITORY TO THE SEVENTH SEWER MAINTENANCE DISTRICT. Moved by Miller, seconded by Klingelhofer, that Resolution No. 871 be read by title only. Carried unanimously. Council Minutes 3/20/67 Pg. 4 Moved by Coco, seconded by Miller, that Resoultion No. 871, requesting annexation of territory to the Seventh Sewer Maintenance District, be passed and adopted. Carried by roll call. Ayes: Mack, Klingelhofer, Coco, Miller. Noes: None. Absent: Ring. 3. AGREEMENT WITH THE STATE OF CALIFORNIA FOR A POPULATION ESTIMATE. Moved by Miller, seconded by Klingelhofer, that the Mayor and City Clerk be authorized to execute an agreement with the State Department of Finance for a population estimate. Carried unanimously. 4. ENTERTAINMENT PERMIT REQUEST ~ Robert and Lenora Dill, dba Jim Dandy's, 18352 E. Fourth Street, Tustin. Moved by Klingelhofer, seconded by Miller, that the request of Robert and Lenora DiII or an entertainment permit De ~e~erre~ to the next regular Council meeting ending clearance Dy Folce an Fire Departments. Carried. Mr. Robert Dill asked if the Council could approve this request stating that there apparently was a time mix-up and he understood that Police had approved and that the Fire Department had stated a list of required corrections to be met before their final approval. Mr. Dill said he had been at this location for four years and in this business most of his life. Through the years demands for entertainment had grown from just drinks and conversation through couples dancing, vending machines, pool, etc. Competition with Go Go entertainment has taken their business° He then asked the indulgence of the Council for granting the permit so that they could move ahead with alterations and plans. Councilman Klingelhofer told Mr. Dill that the Council would like time to deliberate and assured him that it was not being deferred for the sake of deferment alone. COuncilman Ring arrived at 8:10 P.M. Councilman Miller asked the City Attorney if there is anything that applies to entertainment permits. Mr. Rourke said that there is and that it requires the approval of the City Council. Mr. Rourke stated that he would think the Council would want to review the situation. There has been a problem throughout the County and as this is the first in the City, he thought the Council would wantto give it careful consideration. Mr. Gill informed the Council that the Attorney is preparing a report and that he and the City Attorney are conferring Thursday afternoon. Mayor Mack stated that the City has a strict policy of a Wednesday deadline for agenda information and all 'information must be furnished before the meeting. In this case, the Council had received the information just prior to the meeting and it is not their policy to react immediately. Although time can affect some individuals, Council action has a longer lasting effect than a two week delay. Council Minutes 3/20/67 Pg.5 Councilman Miller stated he would like to see the report of the City Administrator and the City Attorney. Councilman Coco said he did not feel it possible in the few minutes before the meeting to obtain all the facts. 5. APPROVAL OF DEMANDS Moved by Coco, seconded by Miller, that demands in the amount of $30,911.44 be paid. Carried. ' VIII. REPORTS Mayor Mack presented a proclamation of friendship and & OTHER welcome to Kiyoko Takase of Japan. BUSINESS Following reports received: 1. Swimming Pool Availability for Summer Program - Harry Gill 2. Bills Introduced in State Legislature - Harry Gill 3.17th & Holt Annexation Costs - Ruth Poe 4. Treasurer's Report - Ruth Poe 5. Spring Recreation Statistics - George Beaman 6. Do's & Dont's for City Managers - Harry Gill 7. Legislation - AB127 and SB489 - Chief Hilton 8.19th Annual California & Pacific Southwest Recreatxon & Parks Conference - Q. Fleming 9.19th Annual California & Pacific Southwest Recreation & Parks Conference - B. L. Wheelock 10. Civil Defense Conference B. Williamson 11. Fire Department Reports - Chief Hilton 12. Legislative Bulletins - League of California Cities, Councilman Coco stated he appreciates receiving the proposed assembly and house bills, and asked Mr. Gill to obtain further information on AB 222. Councilman Coco reported that the 4-H Club is anxious to do something for community promotion. Mayor Mack referred this to the Parks and Recreation Commission. Mr. Jack Hall spoke to the Council regarding a request for de-annexation of a 10' strip of land in Tract 6082, the remainder of which is in County territory. Mr. Gill stated that the deadline for agenda items to be considered by the Council was Wednesday and this did not come before the staff until Friday. Mr. Hall said it is not for the good of anyone not to ~o him and to be shut off is not fair. Council Minutes 3/20/67 6 Mayor Mack stated that the Council had adopted a policy to close agend'a items on the Wednesday before a meeting and the Council is .more efficient if given an opportunity to study all items. Mr. Hall said the CounCil had recommended conditions on the tentative tract map filed with the County by a letter to the County Planning which requested that 10' parkways be maintained. Mr. Gill corrected Mr. Hall, stating that the Planning Commission, not the Council, had recommended 10' park- ways in the area and this has not been before the Council. Councilman Coco informed Mr. Hall that the City had not approved or disapproved the Tract Map and he had a copy of the letter of conditions of the Planning Commission before him calling for the 10' parkways to be maintained in the body of the tract, not on this 10' strip. Mr. Gill stated that as this had not come to the City until Friday, there had been no time to discuss it with the Engineer until 4:00 tonight and a meeting has been set with the Engineer and Director of Public Works for discussion and recommendations to the Council. Mr. Hall asked if it is the case that they cannot annex this property for one year as it was a part of the 17th and Holt Annexation. Mr. Rourke stated that a portion of the annexation area could be annexed as an uninhabited annexation if all property owners in that portion requested annexation. Councilman Klingelhofer said he hoped Mr. Hall under- stood that the Councilmen do not have technical training and could not be expected to make a decision without study and recommendations of the Engineer and that this · s in no way a political run-around. Mr. Dill of Jim Dandy's asked the Council if they could expect a decision on their request for an entertainment permit by the next meeting. Mayor Mack assured Mr. Dill that the Council would be prepared to give an answer at the next meeting. IX CORRES- Following correspondence received: PONDENCE 1. City Newsletter - Harry Gill 2. Orange County League Dinner Bulletin 3. Resolution No. 21-67 - City of San Clemente X ADJOURNMENT Moved by Klingelhofer, seconded by Miller, that meeting be adjourned. Carried. CIv CLERK