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HomeMy WebLinkAboutCC MINUTES 1966 09 06 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL September 6, 1966 7:30 P.M. CALL TO The meeting was called to order by Mayor Mack. ORDER II. PLEDGE OF Led by Mayor Mack. ALLEGIANCE III. ROLL Present: Councilmen: Mack, Klingelhofer, Coco, Miller CALL Absent: Councilman: Ring Others Present: City Administrator, Harry E. Gill City Attorney, James Rourke Plan/~ing Director, James Supinger Deputy City Clerk, Florence Kortmeyer APPROVAL Moved by Klingelhofer, seconded by Miller, that minutes OF MINUTES Of August 15th meeting be approved as mailed. Carried. V. PUBLIC 1. VEHICLES IN RESIDENTIAL ZONES - AMENDMENT TO HEARINGS ORDINANCE NO. 157 Re: Regulation of vehicles allowed in Residential qDistrict, and to amend Ordinance No. 141, Uniform Traffic Ordinance, regulating the parking of certain vehicles on public rights-of-way in Residential Districts. Hearing opened at 7:36 P.M. Mr. Supinger, Planning Director, presented prior history and background on Amendment and submitted report relative .~o regulations on vehicles in Residential Districts. Speaking in favor of the regulation of vehicles in Residential Districts was Mrs. J'a~e Hemet and Mrs. H. R. Badger, both of Brookline Way, and Mrs. Norman Temple, 17572 Westbury Lane, Tustin. Discussion by the Council followed on the adaptability of the Ordinance, especially as to violations in sideyards. Moved by Coco, seconded by Klingelhofer, that Ordinance No. 323 covering portion of hearing regulating vehicles allowed in Residential Districts,be deferred until the next meeting of the City Council in order that additional information can be obtained relative to possible fire hazards. Carried by Roll Call. Ayes: Mack, Klingelhofer, Coco, Miller. Noes: None. Absent: Ring. Moved ~by Klingelhofer, seconded by Miller, that Ordinance No. 324, an Ordinance Of the City of Tustin, California, amending the Uniform Traffic Ordinance, Ordinance No. 141, regulating parking of vehicles in residential streeus, have f,.irst reading by title onIy. Carried unanimously. . Council Minutes 9/6/66 Pg. 2 vI. OLD 1. ORDINANCE NO. 320 - second reading BUSINESS AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 15-7 OF THE TUSTIN CITY CODE PROHIBITING HEAVY ACTIVITIES ADJACENT TO RESIDENTIAL ZONES. Prior to second reading of this Ordinance, Mr. Corington Of the United California Bank, appeared in the interests of the W. Harold Finley Estate to present additional information. Mr. Covinqton said he solicited the aid of the Council in defeating'thi's Ordinance. He stressed the unfairness of Ordinance which would condone restriction on owners without compensation. He stated that he questioned as to what was a non-conforming use, and that the adoption of this Ordinance would be discriminatory, unfair and an illegal Ordinance. He expressed regret that he had not been given sufficient opportunity to present their side of the question. Mrs. Harold Finley, widow and beneficiary of W. Harold Finley, said she found it extremely distasteful to appear as she was in defense, as she had lived for years among the complaining residents and considered many of them friends. She reiterated~- that she was unaware of the present disturbing factor of noise as it had not been brought to her attention. She stated that she had not been contacted or received any phone calls, and if she had known, would have cooperated to the best of her ability. Mrs. Finley said she still felt a closeness to the area because of having lived here for many years.. She felt she should have been given a chance to rectify the condition, as the resulting effects were unfair and unjust, especially in the circulation of the petition. Mrs. Joyce, resident of 133 North "A" Street in Tustin, said she had not been in town and was away in the East when petition of complaining property owners was first circulated. She said the hours the trucks start is often as early as 4:00 A.M. and that it was unfair to residents as many lived there long before the trucking firm was there. Mrs. Lee Byrd, 158 North "B" Street, Tustin, said she had known Harold Finley very well,'and that his trucks did not make the noise that the present trucks do. She also complained that along with the starting and running of motors, the voices of the drivers were unnecessarily loud, especially for that time of morning. Mrs. Byrd also considered present conditions a fire hazard as a previous fire had been extinguished there. Mrs. Finley again wished to assure the Council that she had no intentions of renting to anyone obnoxious as at the time of rental it was not apparent that it would become so. She admitted to feeling bitter due to the fact that none of the neighbors had contacted her personally. She also felt that in limiting the size of the truck to 6000 lbs. it would be detrimental to business as it was not heavy enough to do the job adequately and that weight~is not much heavier than a pick-up truck. ~ Council Minutes 9/6/66 Pg. 3 Bill Tolin, 165 North "A" Street, Tustin, expressed his views that this was a non-conforming use and, that since the original complaint had been made, the noise had quieted down very little. He expressed regret that orange trees had been removed as they had served as a buffer for noise. Mr. Covington explained that removal of trees was necessary from an economic standpoint. Correspondence received from Jerome C. Kidd, residing at 140 North "B" Street, Tustin, was read aloud. Mr. Kidd commented on the fact that the noise factor existed and that old time residents should be considered by the Council. Councilman Coco commended most of the people who presented their views, on their ability to keep emotions in control, and on their moderate presentation of opinions to the Council. Councilman Klin~elhofer asked Mr. Covington and Mrs. Finley as to what specifically can be done to rectify the condition if the Council defers second reading of the Ordinance. Mrs. Finley replied that she was in sympathy with neighbors and would speak with tenant. Councilman Miller asked the question as to what the Trust is going to do, or can do, to solve this problem. Mr. Covington replied that tenant is not on a lease basis and can be evicted with a three day notice, 30 days to leave. Mr. Covington told the Council he would take whatever action was necessary to alleviate the situation. Councilman Coco suggested that Mr. Covington and Mr. Finley proceed with their solutions and in parallel the City should investigate alternatives to truck weight criteria such as decibel rating. Councilman Miller said he had dealt with accoustical engineering and that it was not an exact science nor practical and economical for the City. Mayor Mack suggested that the filing of complaints with the Tustin Police Department would solve the problem as it was their right to exercise this recourse. Attorney Rourke explained that the Police Department has a difficult situation as noise must be in their presence and determination made as to what determines noise. Councilman Coco said he was against second reading of Ordinance as matters now stand. There must be other communities with this problem. He suggested that the City Administrator contact other cities and that both the United California Bank and the Citydo what they could to alleviate the situation. Moved by Coco, seconded by Klingelhofer, that no further action be taken on this Ordinance at this time and that ~dministrator be directed to explore and present a satisfactor~ solution to the problem. Carried by Roll Call. Ayes: Mack, Coco, Klingelhofer. Noes: Miller. Absent: Ring. Council Minutes 9/6/66 Pg. 4 2. Taxi Cab Permit Request - continued from August 15th meeting. Mr. Glen T. Gaines, PQO. Box 1195, Santa Ana, owner of the Yellow Cab Company, spoke before the Council in support of correspondence received from him and said he did not believe the area warranted the operation of another cab, as there was not enough business for two. He stated he had not appeared for the first part of request for permit as he was away at the time. Mr. Notarpole, present applicant for permit, said he firmly believed there was enough business to warrant the operation of another cab in this area. Chief of Police Glenn V. Sissel, in a written report to the Council, stated that Mr. Notarpole had complied with all requirements. Moved by Coco, seconded by Mack, that Tustin City Council approve the granting of taxi cab permit to Mr. Notarpole, as all requirements have been complie4'With. Carried by Roll Call. Ayes: Mack, Klingelhofer, Coco, Miller. Noes: None. Absent: Ring. 3. RESOLUTION NO. 841 A RESOLUTION OF THE CITY OF TUSTIN, CALIFORNIA, GRANTING A CONDITIONAL USE PERMIT ON APPLICATION UP 66-219 OF JEHOVAH'S WITNESSES. Moved by Klingelhofer, seconded by Miller, that Resclution No. 841 be read b~ title only. Carried unanimously. Moved by CocO, seconded by Miller, that Resolution No. 841 a Resolution of the City Council of the City of Tustin, California, Granting a Conditional Use Permit on Application U.P. 66-219 of Jehovah's Witnesses, be passed and adopted. Carried by Roll Call. Ayes: Coco, Klingelhofer, Miller. Noes: Mack. Absent: Ring. VII. NEW 1. Attendance at 68th Annual Conference of the League BUSINESS of Cities. Authorization for certain membe=s of the City Council and others to attend the Conference during October 16-19, 1966, ateSan niego. ' Moved by Miller, seconded by Coco, that the following persons be authorized to attend the 68th Annual Conference of the League of California Cities in San Diego, to be held October 16-19, 1966, for the number of days specified: Councilman Mack, Councilman Miller, City Administrator Harry E. Gill, and Attorney James Rourke, 4_d_~XE, a representative of the Parks and Recreation Commission and the Planning Commission, 2 days each, and to incur all necessary costs at City expense. Carried by Roll Call. Ayes: Mack, Miller, Coco, Klingelhofer. Noes: None. Absent: Ring. Council Minutes 9/6/66 Pg. 5 2. Attendance at 52nd Annual Conference of the International City Managers' Association Moved by Klingelhofer, seconded by Miller, that City Administrator Harry Gill be authorized to attend the 52nd Annual Conference of the ICMA to be held in Phoenix, Arizona on October 23-27, 1966, and to incur all necessary costs at City expense, not to exceed the sum of $160.00. Carried unanimously. 3. RESOLUTION NO. 840 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, PROVIDING FOR AND ADOPTING THE COUNCIL POLICY MANUAL. Moved by Klingelhofer, seconded by Coco, that Resolution No. 840, providing for and adopting the Council Policy Manual, be deferred to next meeting. Carried by Roll Call. Ayes: Klingelhofer, Miller, Mack, Coco. Noes; None. Absent: Ring. 4. Weed Abatement Moved by Miller, seconded by Coco, that the following Weed Abatement charges for 1965-66 as listed in the sum total of $620.25 be confirmed. A.P. 103-300-07. .$25.00 July 1965 309 Corp. George Elkins Co. 499 Cannon Drive Beverly Hills, Calif. A.P. 62-280-37 . 15.00 July 1965 1st Western Bank & Trust P. O. Box 3741 Terminal Annex Los Angeles, Calif. A.P. 62-121-01 . . 15.00 July 1965 Alamo investments, Inc. 15041 Moran Westminster, Calif. A.P. 62-601-09. 29.25 jan. 1966 Lenora M. Homyer 426 Fernleaf Avenue Corona del Mar, Calif. A.P. 62-140-62 . . . 25.00 May 1966 Glaser Enterprises 13819 S. San Antonio Norwalk, Calif. A.P. 62-084-01 18.00 June 1966 Norma Pieper 160 South "D" Street Tustin, Calif. A.P. 62-081-05 . . 18.00 June 1966 Norman E. Russell 555 S. HarbOr Blvd. La Habra, Calif. Council Minutes 9/6/66 Pg. 6 A.P. 62-671-04. . $ 5.00 June 1966 First Tustin Land & Dev. Co. 355 Myrtle St. Laguna Beach, Calif. A.P. 62-671-09. 70.00 June 1966 First Tustin Land & Dev. Co. 355 Myrtle St. Laguna Beach, Calif. A.P. 62-632-07. 20.00 June 1966 William C. Metz 1633 S. Standard Santa Ana, Calif. A.P. 62-033-20. 20.00 June 1966 Bea ' s House Sales Co. A.P. 62-051-32. 20.00 June 1966 Laurentz Marsters 1102 Avondale Ter. Glendale, Calif. A.P. 62-062-04. 20.00 June 1966 Thelma Bauer 215 Via Cordova Newport Beach, Calif. A.P. 62-322-10. 65.00 June 1966 Charles M. Pi~ Box 246 Tustin, Calif. A.P. 62-592-17. 80.00 June 1966 Mercury Land Co. 1661 W. Cliff Dr. Newport Beach, Calif. A,P. 14-353-07. 25.00 June 1966 Associates Funding inc. 914 E. Katella Anaheim, Calif. A.P. 104-273-19 25.00 June 1966 Home Oil Co. ~f Anaheim 1422 S. Broadway Anaheim, Calif. A.P. 104-273-30 ~ 15.00 June 1966 C. W. Harris 14172 Newport Tustin, Calif. A.P. 62-280-37. . . 15.00 June 1966 First Western Bank & Trust P. O. Box 3471 Terminal Annex Los Angeles, California A.P. 62-121-04. 15.00 June 1966 Murl Redwine 581 N. Lincoln Orange, Calif. A.P. 62-121-01. 15.00 June 1966 Alamo Investments Inc. 15041 Moran Westminster, Calif. -Council Minutes 9/6/66 Pg. 7 A.P. 103-242-12 .~20.00 June 1966 Joseph ScheGk' 1311 E. ;qashington, ~ Santa Ana, Calif. A.P. 103-200-47 15.00 June 1966 Robert A. Schoeffler 1411 Blair Lane Tustin, Calif. A.P. 103-200-67 10.00 June 1966 Robert A. Schoeffler 1411 Blair Lane Tustin, Calif. A.P. 62-140-49. 20.00 June 1966 Clyde Stockdale 1020 Crenshaw Blvd. Torrance, Calif. TOTAL ASSESSMENt. $620.25 Carried unanimously. 5. Approval of Demands Moved by Klingelhofer, seconded by Miller, that the demands in the sum of $47~576.42 be paid. Carried. VIII. REPORTS & 1. Request from Warren Finley, Attorney, for an off-ramp OTHER to Newport Avenue from the Santa Ana Freeway. BUSINESS Mr. Finley was informed by the City Administrator that meetings with the State on this matter have been held and negotiations are in process. 2. Uniform Allowance the Uniform PoliCy as represented in Policy No. 2Q-9. Carried by Roll Call. Ayes: Mack, Klingelhofer, Coco[ ~iller. Noes: None. Absent: Rin~ 3. Boys Club of Tustin Request for meeting with City Council. Interested parties to be notified that an informal workshop will be held upon conclusion of the next Council meeting on September 19th. 4. League Of Citiies . Council notified of Executive meeting to be held September 8th. 5. Frederick Development Co. - Re-application of PR 66-101 Letter to be directed to Frederick Developnent Co. giving specific information as to ne~cZessary proce~.ure for a re-hearin.~ on prezoning application, and fer the Company i to submit any new information=which they may have. Council Minutes 9/6/66 Pg. 8 Councilman Miller excuse~ from meeting at 9:25 P.M. IX. Meeting adjourned to Personnel Session. Present: ADJOURNMENT Councilmen Mack, Klingelhofer and Coco~ City Administrator Gill, and City Attorney Rourke. Moved by Coco, seconded by Klingelhofer, that meeting be adjourned to September 19th. Carried. GERALD C. MACK, MAYOR FLORENCE A. KORT,'~EYER/ DEPUTY CITY CLERK