HomeMy WebLinkAboutCC MINUTES 1971 09 07 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL September 7, 1971 CALL TO MEETING CALLED TO ORDER AT 7:35 p.m. by Mayor Coco. ORDER II. PLEDGE OF Led by Councilman C, Miller. ALLEGIANCE III. INVOCATION Given by Mayor Coco. IV. ROLL CALL Present: Councilmen: Coco, C. Miller, Marsters, L. Miller, Oster Absent: Councilmen: None Others Present: Assistant City Adm. D. Blankenship City Attorney James Rourke Asst. City Admin. Comm. Dev. K. Fleagle City Clerk Ruth C. Poe PRESENTATION: City Plaque presented to Oscar "Copse'' Phillips for 29 years service to the City of Tustin. V. PUBLIC BEARINGS 1. USMC IRVINE ANNEXATION #7t-A - Cont'd. from 8/2/71 Mr. Fleagte explained that this hearing had been continued to this date at the request of the Irvine Company. The annexation had originally been approved by the Local Ager Formation Commission May 26, 1971. The Irvine Company has informed the City that on September 7, 1971, plans and details for prezoning will be submitted to the Community Development Department. The Irvine Company has no objections to Council conducting the Public Hearing on the annexation and determining that a majority p~otest has not been filed, but it is the wish of the Irvine Co. that neither a resolution nor ordinance be adopted approving the annexation until approval is granted for the prezoning. The City Clerk reported that no written nor oral protests had been filed. Moved by Councilman Oster, seconded by Councilman L. Miller that the City Attorney be instructed to prepare a resolution citing the fact that no protests had been made to be presented at the next regular meeting. Carried unanimously. 2. ZC 71-226 - JOHN H. AND JEANNE P. SIEGEL Application for rezoning of an approximate 2.8 acre parcel of land from the R-3 (1600) (Multi-Family) District to the P-C (C) (Planned Community-Commercial) District for Portion A of subject parcel and to the C-1 (Retail Commercial) District for Portion B. Site fronts approximately 257 feet on the north side of First Street, + 160 feet westerly of the centerline of Fashion Lane. Council Minutes 9/7/71 Page 2 Public Hearing No. 2 Cont'd. Mr. Fleagle explained that the Planning CBmmission had conducted ~ hearing on August 9, and unanimously approved Resolution No. 1227, recommending approval of ZC 71-226 subject to: a. The approval of a Parcel Map; and b. The approval of precise development .--- plans for Portion A. Hearing opened at 7:45 p.m. Mr. John Siegel, 515E. First St., applicant and owner of the property spoke in his own behalf stating that this would be a benefit to the City and to the core area. It will be an excellent addition to the character of the area. There being no further comments or objections the hearing Was declared closed at 7:47 p.m.. Councilman L. Miller and Councilman Oster stated that they would be abstaining in this matter. Moved by C. Miller, seconded by L. Marsters that ZC 71-226 be approved and the City Attorney directed to draft the necessary ordinance. Carried. L. Miller, and R. Oster abstaining. VI. CONSENT 1. APPROVAL OF MINUTES - August 16 and August 23, 1971. CALENDAR ~. APPROVAL OF DEMANDS in the amount of $163,118.33. 3. AWARD OF BID FOR CONSTRUCTION OF STREET IMPROVEMENTS - Award of bid for Main Street improvement to the low bidder, R. J. Noble Co. as recommended by the City Engineer. As he and Councilman~L. Miller were absent from the meeting of August 23, Mayor Coco suggested that this be taken under separate action. Moved by Marsters, seconded by Oster that the Consent Calendar be approved~as shown With exception of August 23, minutes. Carried unanimously. Moved by Marsters', seconded by C. Miller that the minutes of August 23, be approved. Carried. Councilman L. 5 and Mayqr Coco abstaining. VII. ORDINANCES FOR NONE ADOPTION VIII. ORDINANCES FOR 1. ORDINANCE NO. 522 INTRODUCTION An Ordinance of the City of Tustin, California, AMENDING ORDINANCE NO. 435 RELATIVE TO WALLS REQUIRED. An amendment in conjdnction with PZ 69-117, which rezoned subject property to the Planned Community District subject to condition that a block wall 6'8" in height be constructed along the northerly broperty line. Site fronts approx. 465' on the west sideof Yorba St. Council Minutes 9/7/71 Page 3 Ordinances for Introduction cont'd. Mr. Fleagle stated that he had seen the Letters mailed to adiacent property owners and no comments had been re- ceived nor had any signed copies of an agreement been received. Mr. Rourke stated that he understood that there had been an agreement reached. Moved by Oster, seconded by L. Miller that Ordinance No. 522, amending Ordinance No. 435 have first readin~ by title only. Carried unanimously. IX. RESOLUTIONS 1. RESOLUTION NO. 71-52 A Resolution of the City Council of the City of Tustin, California, RECOGNIZING THE NATIONAL ELECTRICAL CONTRACTORS ASSOCIATION AS A NATIONALLY RECOGNIZED ORGANIZATION DEVOTED TO THE STUDY OF ELECTRICAL INSTALLATIONS AND APPROVING THE 1968 EDITION OF THE NATIONAL ELECTRICAL CODE ADOPTED AND PUBLISHED BY THE NATIONAL ELECTRICAL CONTRACTORS ASSOCIATION. 2. RESOLUTION NO. 71-53 A Resolution of the city Council of the City of Tustin, California, RECOGNIZING THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS AS A NATIONALLY RECOGNIZED ORGANIZATION DEVOTED TO THE STUDY OF BUILDING CONSTRUCTION, AND AP- PROVING THE 1970 EDITION OF THE UNIFORM BUILDING CODE ADOPTED AND PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS. 3. RESOLUTION NO. 71-54 A Resolution of the City Council of the City of Tustin, California, RECOGNIZING THE, INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS AS A NATIONALLY RECOGNIZED ORGANIZATION DEVOTED TO THE STUDY OF PLUMBING STANDARDS AND APPROVING THE 1970 EDITION OF THE UNIFORM PLUMBING CODE ADOPTED AND PUBLISHED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS. 4. RESOLUTION NO. 71-55 A Resolution of the City Council of the City of Tustin, California, RECOGNIZING THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS AND THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS AS NATIONALLY RECOGNIZED ORGANIZATIONS DEVOTED TO THE STUDY OF STANDARDS OF INSTALLATION OF HEATING, VENTILATING, COMFORT, COOLING AND REFRIGERATION SYSTEMS AND APPROVING THE '1970 EDITION OF THE UNIFORM MECHANICAL CODE ADOPTED AND PUBLISHED JOINTLY BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS AND THE INTERNATIONAL CONFERENCE BUILDING OFFICIALS. Mayor Coco directed the Clerk to read all Resolutions by title. Above resolutions set September 20, 1971, as date of hearing on stated code adoptions. Moved by L. Miller, seconded by Marsters that further reading be waived and above listed resolutions be passed and adopted. Carried unanimOdsly. Council Minutes 9/7/71 Page 4 Councilman C. Miller excused from meeting at 7:58 ~.m. X. OLD BUSINESS 1. DEVELOPMENT PREVIEW COMMISSION APPOINTMENTS Mayor Coco explained that to bring the Commission to full .-. Strength would necessitate the appointment of 3 regulars and 2 alternates.- Mayor Coco stated that two regular memberS, R. Hall and G.Uematsu had requested reappointment. Councilman Marsters stated that he had reviewed all applications and was impressed with Mr. Jackley who is area manager of Southern California EdiSon Co. and a member of the Chamber of Commerce, serving on the Board of Directors. Moved by Marsters, seconded by L. Miller that F. C. "Bud" Jackle7 be appointed as a regular member of the Development Preview Commission, term to expire September 5, 1972. Carried. Moved by Marsters, seconded by Oster that R. Hall and G. Uematsu be reappointed as. regular members with terms to expire September 5, 1973. Carried. Moved by Oster, seconded by L. Miller that Mr. Frank Morris and Mr. Wm. Schultheis be appointed as alternates with terms to expire September 5, 1973. Carried. 2. REQUEST FOR ACCESS FROM TUSTIN MEADOWS TO RED HILL AVENUE ACROSS FLOOD CQNTROL PROPERTY. Ma~,or Coco explained that this matter had been before the Council at a recent meeting at which time the Skinteks were advised, on advice of the~City Attorney, of code violations. Mr. and Mrs. Skintek had then gone through the Board of Supervisors. That body had approved the request of the Skinteks to utilize a portion of the Flood Control Channel right-of-way for access to rear of their property on the condition that the City agree to the proposed use. Councilman L. Miller stated that he would be abstaining on this matter. The Council and Mr. Rourke concurred that nothing had changed and the Council would not be acting properly or within the law in granting this request. Moved by Marsters, seconded by Oster that this use not be permitted and that restoration of the wall be required. Carried. Councilman L. Miller abstaining. X~. NEW BUSINESS None. XII. OTHER 1. CORRESPONDENCE FROM SANITATION DISTRICT # 7 REGARDING. BUSINESS RED HILL AVE MEDIAN ISLAND Report and recommendatio~n that no action be taken at this meeting received from the City Engineer. Consensus of the Council and so ordered by the Mayor that this matter be continued pending further evaluation and report. Council Minutes 9/7/71 Page 5 Other Business cont'd. 2. NOISE Report from Mr. Fleagle presented. Mayor Coco. stated that Newport Beach Councilman Dostal requests that the City join with other cities in an organization (NOISE) created for the purpose of gaining legislative enactment of aircraft noise control standards. The cost to the City of Tustin would be $250.00 annually. Mayor Coco -- further stated that Tustin is involved.' As suggeste~ if the Council should elect not to expend the $250.00 in this manner 4 a letter of reply could be made to Councilman Dostal stating that the City of Tustin supports the objectives of NOISE, and although not wishing to become a member at this time, the ~ Council will solicit the attention of its congressional representatives to the problem and lend its further support in any way possible. Moved by Oster, seconded by L. Miller that due to financial reasons the City of Tustin doea not elect to officially join the group called NOISE and that the city correspond with Councilman Dostal expressing the above sentiments. Carried. 3. WORK WEEK HOURS Council discussed new work week hours as adopted by the City of Stanton, whereby the city offices are open 9 hours Monday through Thursday and closed Friday afternoons. Council requested a staff report on hour changes with input from the public if possible. 4. ADMINISTRATIVE REPORTS Mr. Blankenship presented the following reports: 1. Automobile Expense 2. Public Employment Program 5. TRASH PICK-UP HOURS Mr. Rourke stated that there had been recent complaints relative to the early hour of trash pick-ups, and that the Council had requested a report as to what could be done. In his opinion, Mr. Rourke stated that there are certain alternatives. One alternative would be to insist with the Holthe Co., that Under the terms of the contract, which pro- vides that they kave to make all reasonable efforts to keep noise at a minimum, and that it isn't reasonable to be picking it up that early. That might be an arguable question. The contract with the Holthe Co., requires them to exercise- reasonable efforts to keep noise at a minimum and the city could make further attempts to insist that this be considered a violation. Holthe Co. probably would argue that what they are doing is reasonable. Secondly, Mr. Rourke stated that the Council could revise the__ no~se ordinance to lay down flat prohibition on pick-up except during certain hours. This could be in the whole city or it could be by zones or be controlled by number of feet from a residence before a certain hour or the city could revise completely the noise ordinance. Some cities have gone to very complicated noise ordinances that are highly scientific and employ the use of scientific sound measuring devices. These ordinances have the advantage of being enforceable because it is very clear what they cover. Council Minutes 9/7/71 Page 6 Other Business cont'd. ,.. Mr. Thomas Mulvihill, 1082 E. Main Street, stated he was speaking on behalf of his neighbors as well as for himself. He stated he had complained to the City staff and Police Department about the early morning trash pickup and did not feel he had received proper cooperation. He had read the City Ordinance regarding trash and did believe it to be enforceable. He had also spoken with Miss Holthe who had 'promised him that something would be done and he would receive a letter to that leffect which he had not received. The Holthe Company had apparently done some rescheduling, but Larwin Square is a b~g problem. He and his neighbors had been awakened at 7:30 a.m. just the previous Saturday. One neighbor, a career M~rine, had told him that he had slept th'roughrocket noise in Viet Nam but cannot sleep through the noise created by the trash trucks. Mr. Mulvihill then presented a petition signed by residents in his area. Mr. George Lazaruk, General Manager for Holthe Disposal Company, stated that he had done all in his power-to solve the problem. Larwin Square is a problem in that after 8:00 a.m. the delivery trucks are there making it very difficult to get to the trash bins. He had talked to Mr. Mulvihill and routed the trucks. He asked Mr. Mulvihill if the noise had stopped since then. Mr. Mulvihill told him it had not. Mr. Lazaruk said that the trucks are not picking up trash in that area in the early morning hours but they are using City roads to get to adjoining County area. If trash pickup is not started early the work would never get done or trash gotten to dumps. Mr. John Sieqelof First Street stated that he agreed. The trucks are very noisy~early in the morning. Mrs. Sylvia Caufman and Mr. Jeff Sinclair both complained that the noise was excessive and too early. ~. Mulvihill stated that all he asked was that the trucks not go out until 7:00 a.m. weekdays and 8:00 a.m. Sundays. Councilman Oster stated that he agreed the trucks are early and exceptionally noisy. He agreed with the City Attorney that the present Ordinance would be hard to enforce and the word "reasonable" would be a problem. The Holthe contract is coming up for renewal. Any new contract could and should specify pickup times. Revising the noise ordinance would De a lengthy process and decibel system would create a problem. Moved by Oster, seconded by Marsters that the City Attorney prepare a letter to Holthel Disposal Company advising them of the problems and the Council's interpretation of'the ordinances, conditions of contract and renewal, and that a proposed ordinance change be drafted if it looks like the problem cannot ba resolved on a contractual basis. Having returned to the meeting during the above discussion, Mr. C. Miller stated he would abstain from voting on this motion. Motion carried with one abstention. Council Minutes 9/7/71 Page 7 6. GARAGE - MOUNTAIN VIEW AND FIRST STREET Councilman Marsters asked about the amount of cars parked at the ~tation at corner of Mountain View and First Street. Mr. Flea~le informed the Council that the operator of this bus~ness had been furnished a cease and desist __ order and that the Council would be kept informed of the prggress in this matter. 7. WORKSHOP A personnel workshop was scheduled for 6:00 p.m. on September 20 in the office of the Chief of Police. 8. EQUIPMENT STORAGE - REAR OF LERNER STATION In answer to questioning by Councilman C. Miller, Mr. Fleagle stated he would get the legal facts on condition of storage of vehicles which are. under State contract. Proper action will be taken and a report sent to the Council. 9. TRIANGLE AT MAIN, BRYAN & NEWPORT Mr. Fleagle reported that one offender had been caught dumping dirt and that the dumping ordinance had been enforced to have the dumped material removed. He has also put the property owner on notice to clean and grade the property. The owner has sold two parcels and is hoping development Will end the problem. 10. CLOSED SERVICE STATIONS Council discussed consideration of an ordinance requiring removal of closed out service stations. 11. MINNIE PEARL Mr. Fleagle stated the property had been recently sold and the new owner would be put on notice that he must maintain 'the property. XIIf. ADJOURNMENT Meeting declared adjourned to Tuesday, September 14, 1971, in the City Hall Conference Room. ' ' 'MAYOR "-CITY CLERK