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HomeMy WebLinkAboutCC MINUTES 1967 06 05MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL June 5, 1967 CALL TO ORDER II. PLEDGE. OF ALLEGIANCE III. ROLL CALL IV. APPROVAL OF MINUTES V~ PUBLIC HEARINGS Meeting called to order at 7'51 P.M. by Mayor Mack. Led by Mayor Mack. Present' Councilmen' Absent- Councilmen' Others Present' Mack, Klingelhofer, Coco, Miller and Ring. None City Administrator Harry E. Gill City Attorney James G. Rourke City Clerk Ruth C. Poe Planning Director James Supinger Moved~ by _.Coco, seconded by..Ring that minutes of May_ 1. S th meeting--be a~'Pr0~ved_ as- mail~"d'~'- Carrie's'.- :~:~ ~-- -~-- --- ..... -- · ZC 67-154 OF FRED DE IORIO To permit the re'zoning from C-1 to R-$ of lots 1 ~ 2 of tract 3994, located 160' on south side of Second St. and 140' on west side of "H" St. Hearing opened at 7'35 P.M. Staff report and Planning Commission recommendations for approval presented by Mr. Supinger. .. Mr. Fred De Iorio, owner of subject property informed th-e--couh-~'ii' thafhe had been .unable to finance or develop this property under existing C-1 zoning. Considers property to be in a secondary .C-1 location and R-5 would be the best use. There being no objections or further-comments, the hearing was declared closed at 7'56 P.M. Due to the fact that there had been no objections and that the Planning Commission had unanimously recommended this zone change, it was' moved by__ M~l..!. er, seconded by_ Ring that an Ordinance be prepared appr~'vi~ig .... this-~z-°ne~"Ch-ange as rec~mme-nded~b~- the-Planning. c0mmi~si0n, chrr-{~d~6Y roll call. Ayes: Mack, l(lingelhofer, Coco, Mill-e~]~ Ring. Noes: None. Absent' None. ~ ZC 67-155 OF HENRY L. HUNT To permit the rezoning of a 50' X 200' parcel from 100 C-1 10,000 to C-1. Property located on S/B side of ..... Newport Ave., approx. 270' S/W of center line of Firsi Street. Hearing opened at 7' 58 P.M. Mr. Supinger presented staff report and the recommenda- tions of the Planning Commission for approval. T~ Mr. Roy Lubbard, attorney for the applicant, pointed out ~t-h~at .... ~i~?e~-~:d-been no opposition from adjacent property owners and that tl~e three Planning Commissioners voting , against this change were concerned with the control of the remainder of the property not with this specific change. The auestion at this time is whether C-1 is ~repe~ ~or +~i.s S0' X 20.e' Da?cc.! . Hearings continued Council Minutes Page 2 6-5-67 VI. OLD BUSINESS There being no further comments and no o'bjections, the hearing was declared closed at 7'41 P.I~.{. In answer to questioning by Councilman Coco, Mr. Hubbard stated that he was aware of the 'statement of ihe" 'P~la'nnln-g Commission that the Commission will not later consider as hardship justification or variances on the remainder of the property; that this SO' X 200' p.arcel has reduced the ability to effectively utilize said remainder of the property. In his opinion his client should understand the Council as far as any future action with respect to the remainder, of the property. This rezoning would in no way set a precedent. Mr. HUBBARD stated he would advise his clients o£ this fact. In answer to questioning by the Council, Mr. Supinger stated that a pharmacy could be built under the present zoning. It was his understanding 'that the purpose of the rezoning is to allow the owner to sell off this S0' X 200' piece to the person who wants to develop the pharmacy and own the land. Mr. Supinger did not feel that the pharmacy coming in for a variance would be a sufficient justification for a variance. This would be a self-imposed hardship and not adequate justi- fication. Mr. Bob Gillman informed the COuncil that the remainder of th-e~:par'Ce'i .... iS--~'~n escrow subject to this zone change, with three doctors who plan to establish a medical center to the north side and come in for a use permit for a convalescent home on the rear portion. That would develop the e.ntire parcel. Moved by Ring, seconded by Coco that ZC 67-155 be approved ~nd the Cft¥ At-to-rne')~ d'frect:~'d'~'-to dra~t~th'e-'nec'essary ....... - ordinance. Carried by' roll call. Ayes' tqack, Coco, Miller, Ring. Abstained':" Kli.ngelho£er. ~oes' None. Absent- None. Councilman Coco expressed his concern over .the splitting up of' a parcel-as .... il: has, in the past, been a precedent for other people to come in for similar variances and rezones. Mr. Coco felt that this situation has some merit as the remainder of the property' is in escrows,. The 150' with 100' minimum is a hardship situation by definition, and these factors make this a more reasonable request than some. 1. ORDINANCE NO. 352 An ordinance of the City of Tustin, California, amending the Zoning Ordinance, Ordinance No. 157, as amended, rela- tive to small animal hospitals, veterinary clinics and kennels. In answer to questioning by the Council, Dr. Robert H. Haight, Orange County Veterinary Officer, stated that in his opinion veterinarians don't particularly want to avoid boarding but frequently the veterinary hospital is filled with cases and boarding is done mostly 'as a courtesy to long time clients. He also stated he did not like the approach on the fee basis. A veterninarian can board if he so wishes as he has infec- . tiou$ and non-in£ectious areas. It would depend on his policy. Dr. Haight .felt: that. the less regulations the better and that private enterprise should rule their own field. In regard to boarding animals in air conditioned, structures, Dr. Haight said that to his knowledge th~.s nor. be detrimental to the animals .and could see no problem wi th this. : Hearings continued Council Minutes Pag. e 3 6_ 5~-~_ 67 Kennels are inspected at least once a ;.,ear. Hospitals belonging to the Animal Hospital Association are inspected by their own professional people. The County does not function as a regulatory agency except on complaints. Dr. Haight could see no reason for the City regulating against the boarding of animals in veterinary hospitals. Mr. Don Mahan of Southern California Veterinary Medical ASS0c-iation Stated that the trend in veterinary medicine is complete separation of Veterinary medicine from the boardin= of animals. Mr. ~ahan felt tl~is to be a modern ordinance and one his profession would like to see enacted and urged the Council to consider the ordinance as written. ~4r. Rollin_Mahoney stated he saw no reason to legislate agains't' Something that the veterinarians can regulate themselves. If a law is enacted, it should be obeyed and he is against this ordinance which would tie down free enterprise. Mr. Ray Salmi, architect for Dr. H. Stanton, was concerned ~ith the-d~fi'nition and lack of restrictions for hospitals and kennels and felt that in the future someone might attempt to build a kennel in a C-zone under the guise of a hospital. Councilman Miller stated that he felt the interests of the PeoPie-6'f'~'Us-tln-would be well protected if Section $.075-C and the last sentence of Section 11.505 were stricken from the ordinance as the rest of the ordinance would take care of any nuisance that would be made to anyone adjacent to the hospitals. Mr. Miller said he would like to see this ordi- nance reconsidered with these two provisions stricken as the City should limit itself to nuisance or disadvantage to neighboring properties. The key to the entire ordinance is contained in Section 5.075-a & b that describe the performan~ specifications for a hospital. He also stated he would not b~ adverse to a kennel that could meet these specifications. Mr. Rourke stated that as this is a reversal of the Planning c°mmi-SSions recommendations, this ordinance should be referred back to the commission for hearing. Moved by. Coco, seconded by_ ~4iller that this Ordinance be returned t0~ the -Planning commi's'~ion with the Council' s comments. Councilman K1..i~gelhofer made the following statement for the ~e'Co~d · "I certainly feel that there is no objection to having the animal hospital in a C-I, 2, or 3 zone. This is not the thing that concerns me in the least. Certainly it is just a matter, in my estimation, of whether we should become involved here in legislating what we might characterize or describe as ethical control." Mr__.__~_Supinger informed the Council that as this would require noticed pUblic hearings' it could not be heard by the Commission before June 26th. .Abo_y.e..___mq.t. ion__carried. Mack and Miller voting no. Mayor declared a five minute recess. 5{eeting rcconvened at 8'50 P.M. at which time htr. J. Jamieson President of the Tustin Chamber of Commerce in~r0duced'~lr ..... Fred Waitman,_ New Chamber of Commerce Manager. _ _~ - _ u_, Hearings continued Council Minutes Page 4 6-5-67 VII. NEW BUSINESS ORDINANCE NO. 355 - First. Reading AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REZONING PROPERTY OF KAL-SOUTH ON APPLICATION NO. ZC 67-153. M0...ved::~bY- -Mi_!,.l_¢~.r, ~s~con4ed~ _bY K!ingelhofer that Ordinance No. 555, rezon~ng' .property of Kal-SoUth :°-n AppliCa~'i°~--- ~ZC--67-~-155, have first~_~read..in.g by title only. C. ary_ied unanimously. AGREEMENT FOR TRASH AND GARBAGE DISPOSAL, AS AMENDED. ~{oved by Kling_e!hofer., 'sec.0..nded_ by Ring that revised agree- ment~Wi thj H01the DiSP0s_a1 Se[r%zi~_e for trash and-garbage ..... diSposal-Se approved and the May~r and City Clerk be autho- rized to execute necessary documents. Councilman Coc~ questioned reasons for changes. Mr. Gill sta{ed that the revisions provide for a combination Of ga~rbage and trash and not exclusively garbage in separate containers. The dele.tion of fees. for commercial collections is due to the fact that the contract with Holthe is not a franchise and the Holthe Co. felt that with any agreement with the City they would be overly restricted if we set forth the commercial fee structure, which actually the City is not involved in because i't is not a franchise and they negotiate directly with the commercial user. A commercial user is not restricted to Holthe Disposal Co. Motion appr_ov_ing_ .agreeme3t_.wi_th Hol.t. he ._.Disp0_sa!...carried, · . 4. APPROVAL OF FINAL TRACT MAP OF TRACT 6110 .. Moved by Miller, seconded by Klingelhofer that the final m~-o~-~~C't 6i10' '~e~-~ppr°ved'~h~d the-M~yor and Cit~-~Cierk ~e authdri'zed to execute the necessary documents. Carried. ® ORDINANCE NO. 356 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMEND- ING CHAPTER 21 OF' THE TUSTIN CITY CODE RELATIVE TO TAXI- CAB PERMITS BEING"UNDER THE JURISDICTION OF THE LICENSE AND PERMIT BOARD. · .Moved .by Miller, seconded bM Ring that Ordinance No, 356, reiative~to- t'axid'a6~per~'its,~ ~ave first'-'~eadlng b-~~ title only. C_arried__un.animous 1¥. New Business continued Council Minutes Page 5 6 - 5 - 67 2. ORDINANCE NO. 357 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING CHAPTER 16 OF THE TUSTIN CITY CODE RELATIVE TO' POOL HALLS AND BOWLING ALLEYS. Moved by Miller, amending Chapter read_ing by title _ _ seconded by Ring that Ordinance No. 357, 16 of-iFe Tustin City Code, have-~first , ,~ only. CarrieJ_. unanimous.l¥. 3. ORDINANCE NO. 358 AN ORDINANCE OF THE TUSTIN, CALIFORNIA, THE CITY COUNCIL OF OF ADMINISTRATION OF RETIREMENT SYSTEM. CITY COUNCIL OF THE CITY OF AUTHORIZING A CONTRACT BETWEEN THE CiTY OF TUSTIN AND THE BOARD THE CALIFORNIA STATE EMPLOYEES' M_oYed.. _by K!:i..~n_gel!~ofer, seg_onded_ by Ring that Ordinance No. 358, authorizing a contract between the Bo~-d-~of /(a-ministrati'on:-~0f: th-e--cali"fornia st..a.te. Emplp.yee.s' Retirement ~s~.stem;-~l~ave fiYgt~-re-a'dihg "bY titIe only. C~iV ri e d .U...n. an. im.0u.s i.y. 4. RESOLUTION NO. 881 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, AMENDING THE 1966-67 GENERAL CITY BUDGET. Mr. Gill explained that basically a good portion'of the l-n-c-r&as-e- in all departments is due to the 13 month expendi- ture being recorded in '66 - '67 fiscal year, due to the conversion to accrual accounting. In addition to that in the City Attorney's office was the re.cent litigation on matters relative to topless, which has increased the fees. The increase in Government buildings is due to the purchase of property at the corner of Second and C Sts. Funds were not budgeted for acquisition. In other non-departmental the big increase was in the State Compensatio~ Insurance. Moved_ ~b7 Coco, seconded by Klingelhofer that Resolution NO_. 88_.1 be re d-i-byl-i-t-i'ti.e On_-ljy.[ caf-tied' unanimous~- Moved by KlingelhofeK, __se_conde_d...by_ Miller that Resolution ~qo~ .... 8'8i-, am~ndin'g-~he 1966'67 general--~ity budget-, 'be-passe_d- an-d'~adbp.~tFd. Carried by roi1 call. Ayes' Mack, Klingel- liofer, Coco, MiiIer, Ring. Noes- None. Absent' None. Mr. Gill explained further that all expenditures will be recorded as of June 30th although not dispersed until the 13th month. These expenses will have been incurred in the '66-'67. fiscal year. A portion of this money is certain capital projects that are approved in the current year budget that the funds have not been dispersed but have been incurred in this budget year. · 5. RESOLUTION NO. 882 A RESOLUTION OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING A NO PARKING AREA ON SEVENTEENTH STREET IN THE CITY OF TUSTIN. Moved by Miller, seconded by Klingelhofer that Resolution N°~-' 8'82be-' :r_e~ad. b ~.. ~i_-_t_l~-: ~-'_r{!~:-: :---C a¥?'_].ied .U_n~n im oUSl _Y_-~ - - New Business continued. ' Council Minutes Page 6 6-5-67 Moved by. Ring, seconded _by Klingelhofer that Resolu- t{0n-No.'-8"82, eStabiis-hing-a ~o--P~rking area °n--~- '- s-eventeeh-i~--'St, in"the City of Tustin, be passed and adopted. Carried by roll call. Ayes' MaCk,- Klingel- Kofer--Coc0--'},{{i~l-er, Ring. Noes' None. Absent' None. · RESOLUTION NO. 883 A RESOLUTION 'OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPOINTING A REPRESENTATIVE TO THE LOCAL AGENCY FORMATION COMMISSION. Moved by. K!_ingelhofer,' seconded'..by Coco that Resolution NO,- :88.3 be r~.a..d -bY--t'iile .... onl-y~- -' ..carrie'~ una'nimo~§iy.' .... - Moved by Coco~ seconded by Klingelhofer that Resolution ~'6~, .... 883" 'apP01-J't~ing" a---re-pr-e~e-ntat ire' ~t°~ 't~e- ~LOc'-~'i "Agency F°rm~ti°n Commission, be passed and adopted. Carried b,y roll call. Ayes' .Mack, Klingelh-~e~' C0'C0, Miller, Ring. Noes- None. Absent' None. · RESOLUTION NO. 884 A RESOLUTION OF THE CITY COUNCIL OF THE .CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE EXECU- TION OF AGREEMENT BETWEEN THE CITY AND THF, STATE OF CALIFORNIA, FOR LANDSCAPING UNDER THE NEWPORT AVE. BRIDGE ON THE SANTA ANA FREEWAY. Moved by Ring_,__seconded by Klingelhofer that Resolution N-0~ 884-be-~..rea~.~.'..~-"t'it'~'~ 0niy,~ ~c~r~?i-ed unanim°-u'sly~ -' Moved by Ring, seconded bX Klingelhofer that Resolution .N.Ol..i '8._8~_,'-aut'horiz!ng ' ex-e'cu~on ~°f-agr~ement f~r '~l-and_ scap~.ng under the: Newport Ave. br'idge on the Santa Ana Freeway, be passed and adopted. Carried by' roll call. Ayes' Mack,- Kl"in~elh6fer', Coco, ~.:iilie~,- Ring. Noes' None. Absent' None. · RELINQUISMENT OF A PORTION OF MCFADDEN AVENUE Moved by Miller,_ seconded_ by___Ring that execution of ~uitCiaf~ D'~'d bY-th~"' ~.iayor. and City Cl~rk '-for-~-r~Perty known ~js-"p'arce'l 9' as shown on maps in State Highway book numbered 2, pages 40 to 48 inclusive, records of Orange County, to the City of Santa Aha, California be authorized and that said deed be notarized and sent to the city--'0'f .... Santa Ana. Carried. · RESIGNATION OF HAROLD B. BALL AS A MEMBER OF THE PARKS AND RECREATION COMMISSION. Moved by Miller, seconded by Ring that resignation of Hal~'Bali,~ as a mem~'~r ~O-f~the P~rks an~ Recreation Commission effective May 31, 1967, be accepted with regret. Carried. Moved by Kling. elhofer seconded by Ring that the City Xti0rn_exi draf'{~- ~"Res-?iu-~ti0n~th-~ank~ng~Mr._. Bai1 for--]iis services-to-~ihe parr ~nd-Re-¢rea-tion commission of the City of Tustin to be presented at the next Council Meeting. Carried. ~ Councilman Coco asked that all past applicants on file ~-~-c~n-t~Cted-a'nd that the press publicize the fact that there is an' opening on our Parks and Recreation Commission. If at all possible, ~'4r. Coco said, he would like to see an appointment made from a resident o'f 'the City at the next council meeting. New Business continued Council Minutes Page 7 6- 5-67 VIII. OTHER BUSINESS IX. INFORMATION & CORRES- PONDENCE Mr. Gill stated that in accordance with the Council policy-and the ordinance governing the Parks and Recreation Commission, the requirement is that at least thrce members be City residents and this resignation does create a vacancy for a City resident. 10. APPROVAL OF DEMANDS Moved by Ring, 'seconded b~ Klingelhofer that demands }~e-- Paid -in~ -~he amOUnt-Of 59-i 549.1-6 --Carried. CITY ATTORNEY 1) M~iciPal Cour_t__Ru!ing - _Jim D.andy Mr. Rourke .advised the Council in connection with the P~°b-l~'m-~0Y the Jim Dandy establishment that the Santa Aha Municipal Court last Friday did, after a continued trial, find the owner and two of the dancers guilty of · violation of Ordinance No. 347. Sentencing was continued until June 15 th. 2) Legislation- Preemption Mr. Rourke stated that there are presently pending, in t~e-s-t-a~'e-Legislature, two bills' one an assembly bill and the other a senate bill. Both bills relating to the subject of preemption. The senate bill which is SB 1427, would effectively clarify the problem of pre- emption and make it clear that the State Legislature does not intend that cities not have the power to regulate these subjects in their own jurisdiction. In his mind, the assembly bill would'-not clarify this situation. Mr. Rourke recommended that this body adopt a resolution endorsing and recommending approval of SB 1427. Moved by Coco, seconded..by Ring that the Citya Attorney draft-"a r'esolu't-ion~- in SUppOrt-0f SB 1427. - -C rr-ie~'''~ CITY ADMINISTRATOR __ 1) Additional Ramp. Reque.st - San_t~ A,na,~,,Fre~eway__and NejSp~ r t'.~__AV_ ~-nu.. ?~ - ........ Mr. Gill referred to correspondence from the State DiVisi-0n of Highways relative to freeway ramps at Newport Avenue and stated that if it is the pleasure of the Council, the City could pursue this matter with the State Highway Commission. Moved by ~4iller. seconded .... bM Klingelhofer__ . . ~ that the ~i-~7~-p~ursUc--i~- r~-quest for' an Offzramp on the Santa Ah~a .... Fr~-~-W.~, '"a~' ~6wp6~t--'k-V~-~:~-fth~'the state Hi~hwhY--- Following correspondence and information received' · P & R Comm. application - A. C. Novick City Newsletter Complaint regarding noise factor created by Clause Bus Co. and report from Chief Sissel Information ~ CorrespondeffCe Contimled Council Minutes Page 8 6-5-67 · ~ · · · Letter acknowledging receipt of entry for the 1967 Municipal Accounting Award - California Society Certified Public Accountants Personnel Activity. Register Executive Meeting Agenda - of Cities. Orange County League Gas Tax News 'Item- H. Gill Commendation of Ci'ty Beautification - C. Owen · Legislative Bulletin - League of Calif. Cities 10. 11. Support Request - Orange County Football Club Resolution Supporting AB 806 - City of Stanton 12. Monthly report - Tustin Fire Department 13. Resolution regardi.ng Navy"s Undersea Warfare Center - County Board of Supervisors X · OTHER BUSINESS CITY COUNCIL 1. Councilman Ring commended Mr Rourke on his fine presen~'~i6n~g'~he' Women of the ~ouncil of Churches regarding Senate and Assembly'bills on preemption. He stated he had had several calls from womefi attending asking him to convey their thanks and appreciation 2. Sue, Bradley Day M_aM0r__Mack reminded those present of the rally to be held on--iKe City Hall parking lot Saturday, June 10th at 11 a.m. in honor of Sue Bradley S. Chan ge o'f, ~!~.e~in g. P! a 9e Mayor Mack announced that the next regular meeting of. the--~CitY-C'ouncil will be held at 275 So. C Street (corner of Third and C Sts.). · }:9~6~Ce~nn s us Figures Mr. Gill announced that the State has notified the C-it¥~th~-t the new, population figure is 12,050, an increase of 1,400. people from last year. XI. ADJOURN - MENT Moved by Ring, seconded by Coco that this meet_ing~p adj burned--to June 19, 1967 in'- the new Council~-Chambers, 2-75 SO, ii C Street, corner of Third Street, Tustin. Carried.