Loading...
HomeMy WebLinkAboutCC MINUTES 1966 08 01 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL August 1, 1966 I. CALL TO The meeting was .called to order at 7:34 P.M. by Nayor Mack. ORDER II. PLEDGE OF Led by Mayor Mack. ALLEGIANCE III. ROLL Present: Councilmen: Mack, Klingelhofer, Coco, Miller, CAIL Ring. Absent: Councilmen: None. Others Present: City Administrator, Harry GiLl City Attorney, James Rourke City Clerk, Ruth Poe Planning Director, James Supinger IV. APPROVAL Moved by Ring, seconded by Klingelhofer, that the mutes OF MINUTES of July 18th meeting be approved as mailed. Carried. V. PUBLIC 1. ORDINANCE NO.320 HEARING TO CONSIDER AN AMENDMENT TO THE CODE OF THE CITY OF TUSTIN ~'~ TO LIMIT THE HOURS OF OPERATION OF CERTAIN USES ADJACENT TO RESIDENTIAL AREAS. Hearing opened at 7:36 Mrs. Gertrude Joyce, 133 North "B" Street, stated that she lives on the west side of "B" Street, furthest frcm the Lang end Green Trucking Firm, but that she had been forced to move from her front bedroom to th~ rear of the house in order to get her rest. She informed the Council that "B" Street is R-1 and that all the residents keep their homes up, but that the trucking firm has become a general nuisance. Mrs. Joyce realizes that First Street is zoned commercial, but does not feel this is a commercial use. The revving of motors and the shifting of gears is very noisy. Mrs. Joyce said that the Finley Trucking Company had operated at night but not with this tppe of truck. This use should be in an industrial area. The surrounding homes were first and should be considered. Mr. Jerome Kidd, 124 North "B" Street, said he is in accord with the Resolution of the Planning Commission, recommending limited hours of operation. . . Mr. Sam Francis of Francis Brothers, located at ~45 South "C" Street, stated they had been in business for fifteen years end that 90% of their business would not be effected by this Ordinance, but that some truckc do leave about 2:00 A.M. There are a few residences in the area which are mostly commercial. Mr. Francis said this Ordinance could conceivably have a detrimental effect on his business. Mr. John Ferguson of Bayshore Lumber, thought the apartments on Sixth Street might be' within one-hundred (100) feet of this property and this proposed Ordinance could cause them an occasional problem. Council Minutes a/1/66 Pg.2 Mrs. Lee Byrd, 158 North "B" Street, stated she had lived at this address for forty-two (42) years, long before the Finley Trucking Firm. Mrs. Byrd said she did not object to the trucking as such and did not object to the Finley Trucking Firm, but that this present use is much heavier and that it had increased in just the last two weeks. Mrs. Harold McKay, 140 North "C" Street, stated they could '- hear the noise of the trucks and tat it was upsetting when you are along in years. Mrs. McKey said she had moved to this address recently from South "C" Street and that Francis Bros. had never bothered them. Mr. Frank Downey of North "A" Street, stated he had to sleep on the divan to get any sleep in the morning. Mr. Harold Green of Lang and Green Trucking, said he had no objections to the proposed Ordinance with the exception of the 6:00 A J4. starting time. Mr. Green said that in order to get to their destinations on time and be on the Free- ways before the heavy traffic and get the trucks hack be- fore the night traffic rush, a 5:00 A.M. starting time is a must. Mr. Warren Finley, attorney representing United California Bank, trustees for the Estate of Harold Finley, stated that the hours of operation are no. worse than those of the Finley trucks, especially in the orange and grapefruit season, and that the tractor only is the noise factor, not the size of the trailer. Mrs. Harold Finley gave an account of the hours that the Finley trucks had left the yard, stating that trucks left anywhere from 1:00 A~M. to 4:00 A.M. depending on their ---~ destination. Mr. Warren Finley then spoke in favor of the Ordinance but said he felt consideration should be given to the needs of the business and the request for a 5:00 A.M. starting hour. Mrs. Joyce disagreed, stating that a truck is not always the same noise factor and that the residents were present only because they can not sleep. The hours stated by Mrs. Finley may be true but they were lighter trucks and fewer in number. Mr. Bill Mustoon, 125 North "A" Street, said the trucks may have gone at all hours but no one had taken into consideration that the Finley Trucking had had less drivers, so less traffic. Mr. Mustion said he felt that all should abide by the decision of the Council. There being no further objections or comments, the hearing was declared closed at 7:57 P.M. Mr. Coco questioned Mr. Green as to the direction the trucks use on leaving the yard. Mr. Green stated he believed in a firm truck route and one prescribed by the Police Depart- ment. All trucks should be going west on First Street and there should not be any trucks traveling other directions. ~ Upon further questioning by Mr. Coco, it was established that the objections of the residents are the noise created by the trucks starting up from 3:30 A.M. to 4:00 A.M. and idling their motors for twenty (20 to thirty (30) minutes. The noise fromlthis, plus revving of motors and shifting of gears is unbearable. ' Council Minutes 8/1/66 Pg. 3 Mr. Miller asked Mr. Rourke if the Ordinance as written would apply to the lighter truck uses such as Francis Bros.. and was told that it would apply to all but private passenger vehicles, and that the Ordinance is designed to take care of more than one located problem. Mr. Miller also brought out that the intensity of use is what this Ordinance was originally aimed at, and that there seems to have been no way presented to handle the problem. Mr. Rourke said he believed the Council could limit to cer- tain types of trucks. In answer to question from Mayor Mack, Mr. Ferguson stated the Bayshore Lugabet trucks are two and one-half (2 1/2) ton gas operated, and Mr. Francis stated their trucks are mostly pick-up trucks. Mr. Ring said if possible, screening the noise would be preferable to cutting hours of operation. Mr. Gill explained that signs limiting weight of trucks was usually because of the street construction. Mr. Green said normal weight of diesel tractor with empty trai!or is 12 to 14,000 pounds, the trailor alone runs about 9 to 10,000 pounds. Mr. Green stated he would like to explore all possible means of reaching a solution to the noise problem. Mr. Coco said the problem had been pinpointed and now talking about 5:00 A.M.or 6:00 A.M. starting time and multiplicity of trucks and noise level in the yard. Mr. Miller felt that perhaps this Ordinance is too broad and could be redrafted, limiting vehicles of 6,000 pounds. Mr. Rourke suggested that sub-section "F" , could be added limiting operation of any engine in vehicles with gross weight in excess of 6,000 puunds. Moved by Klingelhofer, seconded by Ring, that Ordinance No. 320 as amended and discussed, have fist reading by title only. Motion failed to carry unanimously - Mr. Coco voted 4 "No". Mr. Coco stated he did not feel this to be a weight problem. This Ordinance does not hit the proper target and is a punitive Ordinance. Moved by Ring, seconded by Miller, that Ordinance No. 320, have first reading in its entirety. Carried. Mayor Mack called a five minute recess. V. OLD 1. ORDINANCE NO.317 BUSINESS AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, PRE- ZONING PROPERTY OF THONER (Pasadena Avenue - north of McFadden) Moved by Ring, seconded by Klingelhofer, that Ordinance No. 317, have second reading by title only. Carried unanimously. CouncilMinutes 8/l/66 pg.4 Moved by Ring, seconded by Klingelhofer, that Ordinance No. 317, pre-zoning property of Thoner, be passed and adopted'. Carried by Roll Call. Ayes: Mack, Klingelhofer, Coco, Miller, Ring. Noes: None. Absent: None. 2. ORDINANCE NO. 318 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, REMOVING SPECIAL SET-BACK REQUIREMENT ON APPLICATION NO. Z.C. 66-151 OF GREENWOOD (southeasterly corner of Fourth and Prospect) Moved by Miller, seconded by Coco, that Ordinance No. 318 have second reading by title only. Carried unanimously. Moved by Klingelhofer, seconded by Ring, that Ordinance No. 318, removing special set-back requirement on Application No. Z.C. 66-151 of Greenwood, be passed and adopted. Carried by Roll Call. Ayes: Mack, Klingelhofer, Coco, Miller, Ring. Noes: None. Absent: None. 3. ORDINANCE NO. 319 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 15-14 OF THE TUSTIN CITY CODE, RELATIVE TO THE PRACTICE OF HYPNOTISM. Moved by Ring, seconded by Klingelhofer, that Ordinance No. 319 have second reading by title only. Carried unanimously. Moved by Ring, seconded by Klingelhofer, that Ordinance No. 319, amending section 15-14 of the Tustin City Code, relative to the practice of Hypnotism, be passed and adopted. Carried by Roll Call. Ayes: Mack, Klingelhofer, Coco, Miller, Ring. Noes: None. Absent: None. VII. NEW 1. RESOLUTION NO. 838 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ACKN0WLEDGING RECEIPT OF NOTICE OF INTENTION TO CIR- CULATE A PETITION FOR THE ANNEXATION OF THE TERRITORY DESIGNATED AS 17TH AND HOLT ANNEXATION TO THE CITY OF TUSTIN, AN AFFIDAVIT OF PUBLICATION THEREOF, AND APPROV- ING CIRCULATION OF THE PETITION. Moved by Miller, seconded by Coco, that Resolution No. 838 be read by title only. Carried unanimously. Moved by Ring, seconded by Coco, that Resolution No. 838, acknowledging receipt of notice of intention to circulate a petition for the annexation of the territory designated as 17th and Holt Annexation, an affidavit of publication thereof. and approving circulation of the petition, be passed and adopted. Motion carried by Roll Call. Ayes: Mack, Klingelhofer, Coco, Miller, Ring. Noes: None. Absent: None. Councilman Klingelhofer reminded the Council of a gathering at the home of Mr. Q. Fleming, Wednesday, Augnst 3rd, at 7: 30 P .M., when Mr. Fleming would host a group of annexation area citizens. 2. Taxicab Permit Request A letter of application was presented from a Mr. Robert Notarpole for a permit to operate a Taxi Company in the City. Council Minutes 8/1/66 Pg. 5 Correspondence from Chief Sissel, stated that the following items as called for in Ordinance No. 131, have not been complied with: a) Bond or Insurance policy, b) Engine and serial number of each unit, c) Business location and discription, d) Date and place of birth of Mr. Notarpole. Mr.Notarpole stated that a tentative approval from the Council would enable him to proceed with the purchase of vehicles and in turn to comply with other requirements of the Ordinance. Mr. Rourke stated that the Council would give approval, subject to final approval based on applicants furnishing all requirements and Police Chief's recomendations, or could shift final approval to the Police Chief or City Administrator. Moved by Coco, seconded by Ring, that the taxicab permit be granted, conditioned on approval of requirements by the City Administrator and Police Chief, and final approval by the Council at the next regular meeting. Carried. 3. Approval of Demands Moved by Ring, seconded by Coco, that Demands in the amount of $29,141.78, be approved and paid. Carried. REPORTS 1. ORDINANCE NO. 321 OTHER BUSINESS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, FIXING AND DETERMINING THE AMOUNT OF REVENUE NECESSARY TO BE RAISED BY TAXATION UPON THE TAXABLE PROPERTY WITHIN THE CITY OF TUSTIN AND THE AMOUNT OF REVENUE NECESSARY TO CARRY ON THE VARIOUS DEPARTMENTS OF THE SAID CITY FOR THE FISCAL YEAR 1966-67 Moved by Ring, seconded by Ktingelhofer, that Ordinance No. 32l, have first reading by title only. Carried unanimousIy. Moved by Ring, seconded by Klingelhofer, that Ordinance No. 321, have second reading by title only. Carried unanimously. Moved by Ring, seconded by Klingelhofer, that Ordinance No. 321, fixing and determining the amount of revenue necessary to be raised by taxation and the amount of revenue necessary to carry on the various departments of the City for the fiscal year 1966-67, be passed and adopted as an urgency measure. Carried by Roll Call. Ayes: Mack, Klingolhofer, Coco, Miller, Ring. Noes: None. Absent: None. 2. RESOLUTION NO. 839 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, FIXING AND DETERMINING THE AMOUNT OF REVENUE REQUIRED FROM PROPERTY TAXES TO CARRY ON THE VARIOUS DEPARTMENTS OF THE CITY OF TUSTIN AND FIXING THE RATE OF TAXES ON THE TAXABLE PROPERTY WITHIN THE CITY OF TUSTIN TO CARRY ON THE WORK OF THE CITY FOR THE FISCAL YEAR 1966-67 Moved by Klingelhofer, seconded by Ring, that Resolution No. 839 be read by title only. Carried unanimously. Moved by Klingelhofer, seconded by Ring, that Resolution No. 839, fixing and determining the mount of Revenue required from property taxes and fixing the rate of taxes on the tax- able property within the City to carry on the work of the City for the fiscal year 1966-67, be passed and adopted. Carried by Roll Call. Ayes: Mack, K!ingelhofer, Coco, Miller, Ring. Noes: None. Absent: None. Council Minutes 8/1/66 Pg. 6 3. Permission for Planning Director to attend A.I.P. Conference. Mr. Gill reported that this conference to be held in Portland Oregon, August 14th thru 18th, is a budgeted item in the amount of $224.00. Moved by Ring, seconded by Klingelhofer, that the Planning Director be authorized to attend the A.I.P. Conference, cost not to exceed ,$224.00. Carried. 4. E.D.P. Orientation - Cal Poly, Pamona Moved by Ring, seconded by Coco, that Mr. Gill be authorized to attend the E.D.P. Orientation Study, Septamber 30th and October 1st, at a cost not to exceed $40.00. Carried. 5. Tree Planting Program Mr. Gill explained that the program, as set forth by the Parks and Recreation Commission, is to implament Residential Tree Planting with proposal of share cost of $2.50 per tree. If approved, application would be prepared for circulation. Amount of trees per residence would depend on the width of the lot. Councilman Ring stated he would like more time to look this report over. Councilman Miller suggested that it might be better if groups got together and decided on one type of tree for their street or area. Action on the plan for Residential Tree Planting was de- ferred to the next regular meeting. Councilman Coco said the City should encourage uniformity of trees but not require it and that he is totally in favor of this plan of approval. IX. CORRES- 1. Mr. Quentin Fleming PONDENCE Councilman Ring requested that Mr. Gill thank Mr. Fleming for his efforts regarding beautification of plot under the Santa Ana Freeway at Newport Avenue. 2. Miss. Cresswell - Chamber Manager - no action necessary. X. ADJOURNMENT The meeting was adjourned to a Personnel Session. Present: Councilmen, City Administrator, City Attorney, City Clerk. Moved by Ring, seconded by Klingelhofer, that the meeting be adjourned. Carried.