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HomeMy WebLinkAboutCC MINUTES 1970 07 06 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL JULY 6, 1970 CALL TO ORDER Meeting called Eo order a~ 7:33 P.M. by Mayor Coco. II. PLEDGE OF ALLEGIANCE Led by Mayor COCO. III. INVOCATION Given by Councilman Oster. iV. ROLL CALL Present: Councilmen Coco, Marsters, L. Miller, Oster Absent: Councilman C. Miller Others Present: City AdministraEor Harry Gill City Attorney James Rourke City Clerk Ruth Poe Asst. City Admin.- Comm. Dev. K. Fleagle V. APPROVAL OF MINUTES Moved by L. Miller, seconded by Oster that minutes of June 15, 1970, meeting be approved. Carried. PUBLIC HEARINGS 1. ZC-70-213 - ABUNDANT WATER CO., DBA TUSTIN HONDA Applicant requests a zone change from C-1 ~o PC-CoP~mercial [or the purpose of construction of a new car and motor- cycle sales agency. Site is located at northwest corner of First Street and Yorba Street with frontages of approximately 226' on First Street and 140' on Yorba Street. Mr. Fleagle explained location and zoning applied for, presented staff report with recommendation for approval and stated that the Planning Commission had failed to obtain a majority vote approving or denying the request. Mr. Fleagle also stated that a petition had been received from 31 property owners and tenants opposing this zone change. Hearing opened at 7:40 P.M. Mr. Arthur Charlton, 460 W. Second Street, stated that he was speaking in opposition for the residents of Pacific Street for the following reasons: 1. Would necessitate installation of traffic lights. 2. Surrounding streets would be used for proving grounds. 3. Could no~ see where it would improve the tax structure as it would require services and not reduce tax rate. Dr. O'Connell, Medical Center, 661 W. First Street, opposed this zone change and use on the basis of no~se. Mr. C. Stockdaler developer of convalescent Hospital in the area, objected to this use as being detrimental to the hospital and the adjoining apartment building and the preschool on Yorba Street due to noise and testing of HOndas. Mrs. ~unde~linld~ stated she is purchasing a home at ~3 N~. Yorba ~ m~h~ ~&~ l~ad VAIUem, ~U~ ~onda meleEcycles would lower values. 7-6-70 Page 2 ~irginla Devers~ ~a~a~r~f Rancho Yorba, objected due to noise. Mrs. Alice Theis, 135 Yorba Street, stated that she opposed this use due to noise and traffic hazards. Mrs. Agnes Bacon, 140 Mountain View, objected to the noise element and said she did not believe this use would up~a~eFirst Street in any way. Mr. Frank Greinke, I011 Laguna Road, spoke on behalf of Tustin Honda, stating there is a need for development and income to the City. This will be an attractive addition to First Street and that the owners are fine people with a definite interest in the community. Mr. Greinke recommended approval of this application. Mr. K. Heimsr architect, showed renderings of proposed develop- ment and stated that this use conforms to the Master Plan. There is development of this type on First Street directly across the freeway. This wouldbe a unaque de~elopmen~ on a small parcel for small cars and cyc!es,'only approximately one-third of the business would be cycles. Service area will be completely enclosed, drive on First Street will be exit only, roof area parking will accommodate in excess of twenty cars. Used ear area will be an covered area and will ultimately be new cars only. In answer to questioning, Mr. Heim stated that there were no plans-for any body repair work. Mr. Marvin Lee, applicant and owne~ of Tustin Honda, stated they would be doing engine.repair only on cycles. If in the future they find it necessary to do any paint or body work, it would have to be done a~ a different location. They do not encourage anything but Hondas t0 come in. Hondas, not cycles. Hondas are designe~ to be extremely quiet. Loud Hondas are those that have been altered and they do nOt work on any altered bikes. Honda cycles cost $165 tO $1,495; the cars sell from $1,500 to $3,000. They must rely on car sales-~o have a million dollar a year business including revenue from service and parts. Mr. Don Bredston of Larwin Square Paint Mart and Mr. Ed. Bartola of ~. B. & B. Electronics, both stated that they ~re neighbors of Tustin Honda~in Larwin~Square and that the noise factor as not a problem. Mrs. Pat Stanley, attorney representing property owner on Yorba Street, stated this development would destroy the residential' Streets and neighborhood and also objected on basis of noise and traffic. Mr. John Watz, 105 Et Camino Real, spoke in favor of this agency Stating First Street is in need of renovation and with develop- ments of 'this typ~ Tustin would stand a chance of getting busi- ness now g~ing in on First Street, santa Ana~ such as the new restaurant and motel. There being no further objections or comments, the hearing was declared closed at 8:37 P.M. In answer ~o questioning, Mr. Lee stated he will be operating with used cars until new cars are available. The small 600 cc auto is in production and being sold. The newer 1300 cc will be more tailored to the American market. He said they do no work on altered noisy Hondas and in fact, the warranty is elimin- ated if a-Honda is altered. In~answer to Mr. Marsters, Mr. Rourke again stated that having an interest in property in the area did not legally bar a couneilmam -from acting. on any item; it is a matzer of being able to give a matter fair consideration. In answer to Councilman Marsters, Mr. Fleagle read uses per- mitted in C-1 zone. city cou cii 7-6-70 Page 3 Councilman ester stated that perhaps the Honda is the victim of the ecology battle. The noise generated might be too great for the residential and professional to endure. Hondas are noisier than cars. Other uses permitted in this zoning would not crea%e the no~se factor that an operation of this nature would create. Mayor Coco s~a~ed that the City does need such a proDect and he had some reservations about the noise. The City needs an automobile agency which is one of the biggest revenue generators. The difficulty is with the two-wheeled bikes - the noise generate3, the noise polluters. If the City could encourage jus~ an au~o- mobile agency, there would be little dissention. He hoped that if this is approved, it would generate similar uses coming in. The Council's obligation is to weigh potential benefits against detriments -- noise being a local detriment. Moved by ester, seconded by Marsters that ZC 70-213 be denied. Mr. ester said he was in favor of business, but felt the risks of the agency abutting residential and professional were too great. In answer to questioning, Mr. Lee stated he had consi;dered ozher locations but this one was available and one he could afford. He did not blame the neighbors for being concerned, but a stock Honda is not noisy. People do not realize that their tax dollars do not cover their services and without business# a city canno~ survive. Mr. Lee further stated that he could not separaze cycles from cars~ one complements the other and would have ~o be under one roof. Councilman Marsters stated that he agreed that Mr. Lee runs a good, clean business but he is concerned with the roof parking and noise of ramp, added congestion and that it does back up to a clinic. He did no~ feel it to be a good use in this location. Above motion to deny ZC 70-213 carried. Ayes: Marsters, L. Miller, ester. Noes: Coco. Absent: C. Miller. Councilman L. Miller stated he would like ~o see this at another location in the City and asked that the staff work with Mr. Lee On this. 2. ZC-70-214 - LAWRENCE J. LECHMAN ON BEHALF OF FRANARGOFIN Application for zone change from C~i to C-2 District. Site fronts approximately 375' On the southwest side of Laguna Road, approximately 200' southeast of the centerline of Newpor~ Avenue. Mr. Fleagle presented staff report and unanimous recommendation of the Planning Commission for approval on the basis that: 1. The C-2 zone is commensurate with land uses' in the immediate vicinity Of subject property and would have no adverse effect upon the adjoining proper- ties, and 2. The freeway right-of-way adjoins the southerly ~rOperty boundary; subject property ~s surr6~hded heavily travelled traffic artery in a nonresidential area. Councilman Marsters asked what terms and conditions were of use permit for GO Cart Track. Do they hav~ =~l/~e conditions that pe~u~zy, City Council ~) 7-6.70 Page 4 Mr. Fleagle' stated'they h~Ve a ten year lease and uo his know- ledge there is no uermination in the lease. The use peanit was given before the use went.in so it has a permitted right and there is control of lights, dedication and improvemen~ of right Of way and development standards. Councilman Marsters asked if by rezoning the e~t-ir~ parcel covered by ~his Zone _change, the City wouId be locking in for- ever C-2, rather than C-1. Councilman L. Miller asked what the objection was to a use per- mit for the car wash. Mr. Fleagle szated ~hat, a car wash is no~ a permitted use in C-1 zone even with a use permit. Rezoning only 50 feet would be spot zoning and a car wash Would be an appropriate use nex~ to the Go Carts. The car'wash would still need ause permit in the C-2 zone. Moved by Oster, seconded by Marsters that this matter be con- tinued to the next regular meeting of July 20th. Carried. VII. OLD BUSINESS 1. APPOINTMENT OF A MEMBER TO THE TUSTIN PLANNING COMMISSION. Deferred zo ~ater time in the meeting. 2. ORDINANCE NO. 472 An Ordinance of the City Of Tustin, California, AMENDING THE TUSTIN CITY CODE TO PROHIBIT LITTERING. Moved by Oster, seconded by L. Miller that revised Ordinance have first reading at July 20 meeting in accord with staff recommendations. Carried. 3. ORDINANCE NO. 473 An Ordinance of the City of Tustin, California, ADOPTING SPECIFIC STREET PLAN. The establishment of a specific street plan for a public street to serve the industrial area bounded by Warner Avenue, Red Hill Avenue, Valencia Avenue and the Newport Freeway. Moved by L. Miller, seconded by ester that Ordinance NO. 473 have s~cond reading by title only. Carried unanimously. Moved by Marsters, seconded by Oster that Ordinance NO. 473, adopting Specif-ic Street Plan, be passed and adopted. Carried. Ayes: Coco, Marsters, L. Miller, ester. Noes: None. Absent: C. Miller. 4.ADOPTION OF THE 1970-71 SALARY SCHEDULE Deferred ~o personnel session. VIII. NEW BUSINESS 1. TUSTIN CHAMBER OF COMMERCE - AGREEMENT Moved by L.Miller, seconded by Mars~ers that the Mayor and City Clerk be authorized to execute Agreemen~ with the Chamber of Commerue for ~he 1970-71 fiscal year. Carried. 2. REIMBURSEMENT AGREEMENT FOR PAVEMENT CONSTRUCTION AT MITCHELL AVENUE AND BROWNING AVENUE. Moved by Marsters, seconded by ester that the Mayor and City Clerk be authorized E~ execute agreement with Zink Construction Company for pavement construction at Mitchell and Browning Avenues. City Council 7-6-70 Page 5 3. ESTIMATE OF RIGHT-OF-WAY COSTS FOR WIDENING OF FIRST STREET. Moved by Oster, seconded by Marsters that report as submitted for widening of First Street be approved in concept with pro- vision that there be no plans for allocation of funds until after the Council review at Council workshop of August 15. Carried. 4. TRAFFIC OPERATIONS PROGRAM TO IMPROVE CAPACITY AND SAFETY (TOPICS) Mr. Gill stated he would have further information and report a~ the July 20th meeting. Action deferred to July 20, 1970. 5. AMENDMENTS TO ORDINANCE NO. 439 (DEVELOPMENT PREVIEW COM- MISSION) Correspondence from Robert Hall, Chairman, with suggested amend- ments relative to organization, membership and procedures of the Development Preview Commission for the purpose of improving its operation and efficiency received and explained by Mr. Fleagle. Moved by Oster, seconded by Marsters that the City Attorney be directed to draft an Ordinance amending .the City Code relative to the Developmen~ Preview Commission as requested. Carried. Mayor Coco stated that compensation should be considered as the current policy~ only the principals receive compensation. Councilman Oster stated that the Ordinance should state that all participating 'members draw like compensation. Mr. Fleagle stated that this should be by resolution, not ~n the Ordinance. The only question now Ks whether there is an attendance record or whether it goes by membership rather than by attendance. Mayor Coco stated that with the Local Agency Formation Com- mission, it is only those participating -- it is a per diem arrangement rather than salary arrangements. 6. TUSTIN PLANNING COMMISSION REQUEST FOR ENDORSEMENT OF COMMISSION RESOLUTION NO. 1165 IN CRITIQUE OF PROPOSED CITY OF IRVINE GENERAL PLAN. Moved by L. Miller, seconded by Oster that Council Resolution No. 70-32 in Critique of Proposed City of Ir-vine General Plan and duplicating Planning Commission Resolution 1165 with City Council inserted in place of Planning Commission be read by title only.I Carried unanimously. Moved by L. Miller, seconded by Oster that Resolution No. 70-32 be passed and adopted. Carried unanimously. 7. "EQUIVALENCY" OF LOCAL BUILDING REGULATIONS PURSUANT TO SECTION 19825, DIVISION 13, PART 3, HEALTH AND SAFETY CODE. Moved by Marsters, seconded by L. Miller that minute order of August 21, 1967, declaring that Tustln building regulations were "equal to or greater" than those contained in the State Housing Law be rescinded. Carried. TRACT 6473 OF J. W. KLUG DEVELOPMENT CO. (Extension of River Ford Road, westerly of Browning Avenue) TRACT 6617 OF TUSTIN SAVINGS AND LOAN (Between First Street and irvine Boulevard, westerly of HoTt Avenue) 7-6-70 Page 6 9. STREET CLOSING REQUESTS. MOved by L. Miller, seconded by Osier that the City Admlnis- tratorbeauthorized to approve street clos~ requests sub- ject to approval of Police and Fire Depart~J~'~~ Carried. 10. COMMUNITY SERVICES PROJECT - Orange County Probation Dept. Moved by Oster, seconded by L. Miller that this matter be con- tinued ~$ the first regularly scheduled meeting-in August. Carried. 11. COUNCIL - ADMINISTRATOR INFORMATION EXCHANGE WORKSHOP 4 - 8 hours Council-Administrator Workshop ~cheduled for August 1S, 1970, at 9 A.M. Location to be determine~ by City Administrator. 12. APPROVAL OF DEMANDS Moved by Marsters, seconded by Oster that demands in the amount of $83,652.72 be paid~ Carried. IX. OTHER BUSINESS 1. Federal Census Figures Mr. Gill explained that the Federa~ census figure a~ 20,833 was below the State estimate and the staff was running a check to see if any areas had been missed. The census office had informed him that many cities were below their estimate. Part of this is due ~o the fact that they had found the density per unit to be lower than assumed. 2. Inquiry from Goony Golf relative ~o reasons for denial - Letter referred to Councilman C. Miller. 3. Park and Recreation Commisslon - Workshop request. Workshop se~ for Augus~ 31, 8 to l0 P.M. in .City Hall. 4. Revision in 1970-71 Recreation Program - Report from Mr. Harrison received. 5. Capital Improvement Program - TO be submitted to the TNT Committee for review. Mayor Coco said he had been asked to meet with the TNT Committee to bring them up to date on Council attitude on the Capital Improvement Program and regues~ that council- men inform him of their feelingson this and curren~ feeling on Civ~c'Center~ First Street. developmen/t, overlay zone, e~c. Council set 7:30 P.M. Thursday, City Hall, to discuss above matters. 6. Status of Brancus~ Use Permit- Conditions to' either remove garage or install fire separation. Mr. Fleagle reported that both Mr. Brancusi and the owner of the property have been invited to attend the July 13th Planning Commission meeting ~o show cause why the Commission should not initiate action to revoke the use permit as the conditions have not been me~. 7o Planning Commission Hearing relative ~o zoning of proper~y a~ Irvine Boulevard and Prospect Avenue, scheduled for July 13,. 1970. It was the consensus of the Council that this proper~y should not be rezoned at this time and that transcr~p~ of tonigh~'s ~i~i~h a~d remarks of Mr. Mar~ers from the An~ew~' Council hearing be forwarded to the ~l~n~i~ ~n~ion ~ Council, COMPLETE TRANSCRIPT OF THIS MATTER ON FILE IN OFFICE OF THE CITY CLERK. 8. Council requested that the staff cheek on stop signs hidden by ~ree growth. 9. Appointment of Member to the Tustin Planning Commission. Moved by Marsters, seconded by Oster that Resolution No. 70-31 appointing James B. Sharp to the Planning Commission effective immediately for a term to expire May t, 1971. Carried unani- mously. Moved by Marsters, seconded by Oster that Resolution No. 70-31 be passed and adopted. Carried unanimously. Mr. Oster stated that it had been indicated that the other appli- cants were ~nterested in other . .~ ~= if they arise and asked that applications be kept on file an .>'j~s be advised of any openings on any other commissions or bo~ies Of the City. X. Meeting adjourned to Personnel Session. ADJOURNMENT Personnel Action Moved, seconded and duly carried that revised salary schedule as contained in the 1970-71 City Budge~ be adopted.