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