Loading...
HomeMy WebLinkAboutCC MINUTES 1967 01 16 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL January 16, 1967 I. CALL TO Meeting called to order at 7:31 P.M. by Mayor Mack. ORDER II. PLEDGE OF Led by Mayor Mack. ALLEGIANCE III. ROLL Present: Councilmen: Mack, Klingelhofer, Coco, Miller CALL Absent: Councilmen: Ring Others Present: City Administrator Harry Gill City Attorney James Rourke City Clerk Ruth Poe Planning Director James Supinger IV. APPROVAL OF Moved by Miller, seconded by Kllelhofer that minutes MINUTES o'f. January 3rd meeting be approved. Carried. V. PUBLIC 1. SEVENTEENTH AND HOLT ANNEXATION HEARING _cont. from HEARINGS 1/3/67 Hearing opened at 7:32 P.M. City Clerk reported that two written protests had been received, totaling $2,740.00. There being no further protests or comments the hearing was declared closed st 7:33 P.M. Mayor Mack declared the total protests insufficient. Moved by Klingelhofer, seconded by Miller that Resolution No. 860 be read by title only. Carried unanimously. moved by Miller, seconded by Klingelhofer that Resolution 860, calling a special election to be held on the 14th ' day of March, 1967, pertaining to the annexation of the territory designated as 17th & Holt Annexation to the City of Tustin, be nassed and adouted. Carried by roll call. Ayes: Mack, Klingelhofer, Coco, Miller. Noes: None. Absent: Ring. Mayor Mack extended a welcome to residents of the annexation area and asked that anyone with questions please feel free to call City Hall or if anyone wants Council clarification the Councilmen will be happy to meet with them and with their neighbors in their home during the month of February. 2. PLANNED COMMUNITY DISTRICT TO CONSIDER AN AMENDMENT OF THE ZONING ORDINANCE TO PROVIDE FOR THE ESTABLISHMENT OF A "P-C" PLANNED COMMUNITY DISTRICT AND TO ESTABLISH REGULATIONS GOVERNING USES IN SAID DISTRICT. Hearing opened at 7:37 P.M. Mr. Supinger presented staff report and staff and Planning Commission recommendations for approval. Council Minutes 1/16/67 Pg. 2 Mr. R. Reese, Director of Planning, Irvine, spoke in favor of this Ordinance stating that he had reviewed the document and believes it is excellent. There being no objections and no further comments the hearing was declared closed at 7:41 P.M. Councilmen Klingelhofer commended the Planning Commission end Staff on the preparation end presentation of this Ordinance. Moved by Klingelhofer, seconded by Coco, that Ordinance No. have first reading by title only. Carried unanimously. Moved by Miller, seconded by Klingelhofer, that ordinance No 335 have second reading by title only. Carried unanimously. Moved by Klingelhofer, seconded by Miller that Ordinance No.335, establishing Planned Community District and regulations governing uses in said district, be passed end adopted as an urgency measure. Councilmen Coco stated that though he is in favor of this Ordinance he will abstain on the passage as an urgency measure. Motion carried by roll call. Ayes: Mack, Klingelhofer, Miller. Noes: None. Abstained: Coco. Absent: Ring. 3. V 66-177 - SIZZLING BROILER - APPEAL TO CONSIDER AN APPEAL OF THE DECISION OF THE TUSTIN PLANNING COMMISSION DENYING V 66-177 OF THE SIZZLING BROILER TO PERMIT A SECOND FREE STANDING SIGN WITHIN A COMPLEX, RALPH'S SHOPPING CENTER, EXCEEDING THE HEIGHT AND AREA PERMITTED BY IORDINANCE NO. 305, OF THE CITY OF TUSTIN. Hearing opened at 7:45 P.M. Mr. Supinger presented Plennlng Staff and Commission report on denial of this Variance. Correspondence presented from: Richard Ralphs of Ralphs industries Clerk J. Bonnet of C. J. Bonnet Co., Inc. Wm. Scott of Heath & Co. Mrs. Harriet O. Enderle Mr. Gilbert Dunstan Mr. Walter H. Opp Mr. Carl J. Klstt Mr. E. Briesemeister, representing applicant stated that they felt the sign to be Justified and to deny application is to deny property rights, As this business is set back over 70' from 17th St. and sign has interior lighting it will not interfere with Ralphs sign or surrounding prop- erty owners. Mr. Briesemeister also felt that the design of the sign is compatible to the architecture and is in no way a nuisance. Council Minutes 1/16/67 Pg. 3 Mr. Wm. Scott of CLG Enterprises presented s rendering of the proposed development and informed the Council that they are setting up an operation that is different from the Sizzler and is an up-graded family type ... place with no wine or beer served. As the Satallite stores in the center are closed when the restaurant is in operation a sign facing the parking area is inadequate. Mr. Scott presented alternate sign plans which he felt would detract from the business and would come down over the windows so that people in the restaurant would be looking at the back of the signs. When negotiating with Ralphs they had thought they could put up a double faced sign and under the old ordinance this would have been possible but, in August the ordinance was changed. Mr. Scott then read a letter that had been written to Mr. Supinger from Ralphs Industries. It was further stated that the shopping center has a tenant problem and the Restaurant will help the center and in turn help the City tax dollar. Mr. Bud Koch of Parker Dr., stated he is a resident in the immediate area and had taken an active interest in the drafting of the current sign ordinance which he felt allowed double the allowable signs as set forth in the original draft and double that allowed in Orange. He also felt that if the City is going to allow repeated variances - why have an ordinance. Mr. Brlesemelster asked for rebuttal time and said he -- felt some of Mr. Koch's comments were unjust and that Orange or Orange County iS more lenient. He reiterated that he feels the sign is Justified and would be mitted if on a separate parcel of ground. There being no further comments or objections the hearing was declared closed at 8:06 P.M. In answer to questioning by Councilman Coco, Mr. Scctt said that people would not be looking for a restaurant in a shopping center, something would have to draw their attention. Also that satcLl~. ~ store signs would be lit even though closed and this sign would be necessary to draw people in the center to the restaurant. Councilman Miller noted that the Planning Commission action on this matter was based on interpretation that a variance is based on hardship and asked the City Attorney if his interpretation is the same. Mr. Rourke said that it is and that this is fundamentally the same as the zoning ordinance. There must be a hard- ship caused by geographical location, size etc. It must be more of s hardship on that property than there .-. would be on other properties in the area and that he had heard nothing along these lines in this case. Councilman Klingelhofer felt that the sign ordinance reflects the community goals and restrictions will always be a hardship on someone. Me could not identify a distinctive hardship in this center. Mr. Scott stated that they went into this operation with the feeling they could have a free standing pole sign and would not ~ave gone into it if they had felt they could not have it. Me also said that satellite stores go into centers because of traffic crested by large markets, but a restaurant is not a normal satellite store. Council Meeting 1/16/67 Pg. 4 Moved by Coco, seconded by Klingelhofer that denial Of V 66-177 be upheld, Carried by roll call. Ayes: Mack, Elingelhofer, Coco, Miller. Noes: None. Absent: Ring. 4. FREDRICKS ANNEXATION TO THE CITY OF TUSTIN Hearing opened at 8:20 P.M. There being no protests or comments the hearing was declared closed st 8:21 P.M. Moved by Miller, seconded by Klingelhofer that Ordinance No. 337, anproving the Fredticks Annexation to the City of Tustin, have first reading by title only. Carried unanimously. VI. OLD 1. ORDINANCE NO 332 BUSINESS AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 2-36 OF THE CITY CODE RELATIVE TO THE POWERS OF THE DIRECTOR OF PERSONNEL. Councilman Coco presented the following changes in this Ordinance: t) Providing for temporary suspension of department heads by personnel director. 2) Council retention of salary review of department hesds. Moved by Coco, seconded by Klingelhofer that Ordinance No. 332 have first reading by title only. Carried unanimously. 2. ORDINANCE NO. 333 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA AMENDING THE TUSTIN CITY CODE RELATIVE TO FEES FOR DANCE PERMITS. Moved by Miller, seconded by Klingelhofer that Ordinance No. 333 have second reading by title only. Carried unanimously. Moved by Klingelhofer, seconded by Coco that Ordinance No. 333, amending the Tustin City Code relative to fees for dance permits, be passed and adopted.. Carried by roll call. Ayes= Mack, Klingelhofer, Coco, Miller. Noes: none. Absent: Ring. 3. ORDINANCE NO. 334 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REPEALING SECTION 17.3 0F THE TUSTIN CITY CODE. Moved by Miller, seconded by Klingelhofer that Ordinance No. 334 have second reading by title only. Carried unanimously. Moved by Klingelhofer, seconded by Coco that Ordinance No. 334, repealing Section 17.3 of the Tustin City Code, be passed and adopted, Carried by roll call. Ayes: Mack, Klingelhofer, Coco, Miller. Noes: None. Absent: Ring. Council minutes 1/16/67 Pg. 5 VII. NEW 1. ORDINANCE NO.336 BUSINESS AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING ORDINANCE NO. 208, RELATIVE TO PLAN CHECK FEES. Moved by Klingelhofer seconded by Coco that Qrdinance No. 336, amending Ordinance No. 208, relative to plan check fees, have first reading by title only. Carried unanimously. 2. AWARD OF CONTRACT TO PAUL GARDNER CORPORATION F0R INSTALLATION OF TRAFFIC SIGNALS AT FIRST ST. AND "D" ST. AND AT FIRST ST. AND PROSPECT AVE. Moved by Miller seconded by Coco that the contract for installing traffic signals at First St. and "D" St. and at First Street and Prospect Ave. be awarded to Paul Gardner Corporation in the amount of $20,117.85 and the Mayor and Clerk authorized to execute the necessary documents. Carried. 3. RESOLUTION N0.861 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING PLANS AND SPECIFICATIONS FOR THE INSTALLATION OF TRAFFIC SIGNALS AT RED HILL AVENUE AND BRYAN AVENUE AND AUTHORIZING AND DIRECTING THE CITY CLERK TO AD- VERTISE FOR BIDS. Moved by Coco, seconded by Klingelhofer that Resolution No. 861 be read by title only. Carried unanimously. Moved by Miller, seconded by Coco that Resolution No. 861, approving plans and specifications {or construction of a signal at Red Hill Ave. and Bryan Ave., be passed and adopted. Carried by roll call. Ayes: Mack, Klingelhofer, Coco, Miller. Noes: None. Absent: Ring. Councilman Miller asked that the City Administrator express the appreciation of the Council to John Refi for expediting this matter. 4. RESOLUTION NO. 862 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO PERMIT THE COUNTY CLERK, OF SAID COUNTY TO RENDER SPECIFIED SERVICES TO THE CITY OF TUSTIN, RELATING TO THE CONDUCT OF A SPECIAL ANNEXATION ELECTION TO BE HELD BY SAID CITY ON MARCH 14, 1967. Moved by Klingelhofer, seconded by Coco that Resolution No. 862 be read by title only. Carried unanimously. Moved by Coco, seconded by Klingelhofer that Resolution No. 862, requesting the Board of Supervisors to permit the County Clerk to render specified services relating to the conduct of s special election, be Passed and adopted. Carried by roll call. Ayes: Mack, Klingelhofer, Coco, Miller. Noes: None. Absent: Ring. 5- TUSTIN CAB CO..- CAB REPLACEMENT REQUEST Moved by Klingelhofer, seconded by Miller that the request of the Tustln Cab Co. to replace the 1957 Ford Station Wagon with a 1959 Buick, ID #8F202476, be aoproved Carried. ' Council Minutes 1/16/67 Pg. 6 6. CIVIL DEFENSE REQUEST FOR TRAVEL AUTHORIZATION Moved by Coco, seconded by Klingelhofer that the Civil Defense Director be authorized the budgeted trip to San Francisco to attend the California Civil Defense and Disaster Assoc. meeting at a cost not to exceed $150.00. Carried. Moved by Klingelhofer, seconded by Coco that the Civil Defense Director be Eranted the time off to attend Region 7, United States Civil Defense Council meeting in San Diego bht, cost to be at his own expense. Councilman Miller stated that if the CD Director felt that this trip is important enough for him to spend $150.00 of his own money the City should go half way. Councilman Klingelhofer felt that the City should not exceed budgeted amounts. Above motion carried. - Councilman Miller voting no. 7. APPROVAL OF DEMANDS Moved by Miller, seconded by KLingelhofer that demands in the amount of $136,185.96 be approved and paid. Carried. VIII. REPORTS & Following reports presented - no action taken: OTHER Civic Center Development - J. Williams BUSINESS Implementation of the Tustin Area General Plan - J. Supinger Fire Department monthly reports Building Department monthly reports City News Letter. IX. CORRESPONC Following correspondehce received: DENCE Tad Lonergan, M.D. - appreciation of 17th St. trees. Citizens Educational Advisory Group - High School Tax Override. X. ADJOURN- MENT Meeting adjourned to s Personnel Session. Present: Mack, Klingelhofer, Coco, Miller, City Administrator, City Attorney, City Clerk. Moved by Coco, seconded by Klingelhofer that meeting be adjourned. Carried. MAYOR