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HomeMy WebLinkAboutCC MINUTES 1970 01 05 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL January 5, 1970 CALL TO 0RDER Meeting called to order at 7:30 P.M. by Mayor C~co. II. PLEDGE OF ALLEGIANCE Led by Mayor Coco. III. INVOCATION ' GiVen by Councilma~ C. Miller. IV. ROLL CALL Present: Councilmen Coco, C~ Miller, Marsters, L. Miller Absent: Councilma~ Oster .Others Present: City Administrator Harry Gill. City Attorney James RoUrke City Clerk Ruth C. Poe ,Planning DireCtor James Supinger APPROVAL OF MINUTES Under Old Business No..2, motion corrected to read - Moved by Mr. C . Miller. Moved by L. Miller,' ' by C. Miller that minutes of seconded December 15, 1969, be approved as corrected. Carried. Mayor Coco introduced Mr. Ken Fleagle, Assistant City Administrator-Community Development. Captain Fred Stoll, Fire Prevention Officer, demonstrated the City's new video tape device and showed film~ taken at the Aspen Apartments fire. Captain Stoll explained that this will be used by all departments and used for review and training. VI. PUBLIC HEARINGS 1. APPOINTMENT OF A MEMBER TO THE TUSTIN PLANNING COMMISSION - TeXm to expire May 11, 1972 Mayor Coco explained that appointment to the Planning Commission is always done by public hearing. He stated that there are several fine applicants and asked if there were any nominations. or comments from anyonein the audience. Mayor Coco read the following list of applicants: Sheldon Edels~ein, Herbert Chubbuck, George Shambeck, Gordon Hill and Lowell Dukleth. Hearing opened at 7:55 P.M. Mr. Herbert Chubbuck stated that he would like ~o add the following information to his application: He is a director in the Tustin Meadows Home Owners Association and a Registered Engineer-Marine Consultant. There being no further comments the hearing was declared closed at 7:56 Mayor Coco stated ~hat in ~he past a subcommittee had been appointed for the purpose 6f interviewing ~hose applicants the Council is not familiar~with. City Council 1-5-70 Page 2 Councilman C. Miller said he knew two out of the five applicants from previous discussions, and he believed it would be well to appoint a subcommittee to intcvvtew the applicants and make recommendations at the January 19 meeting. Mayor Coco appointed Councilmen Marsters and Oster to a sub- committee to meet with applicants and present recommendations at the next regular meeting. Moved by C. Miller, seconded by L. Miller that this matter. be continued to the next regular meeting. Carried. 2. ZC-69-199 OF ROBERT HALL ON BEHALF OF CHARLES GREENWOOD For rezoning of a 1.07 acre portion of 2.15 acre parcel from'the 100-C-I-P-15,000 (Retail Commercial & Combined Parking) District to the PC (Planned Community-Conmercial) District to permit a commercial condominium develepment of 10 lots plus common area. Site fronts 250 feet on the south side of Irvine Blvd. (Fourth Street) approximately 165 feet ease of Prospect Avenue. Mayor Coco announced that the Council had received a ietter from the applicant'requesting continuance to the next regular Council meeting. There was no one present wishing to he heard on this matter. Moved by L. Millerr seconded by Marsters that hearing on ZC-69-199 be continued as requested to the next regular meeting of January 19. Carried. APPEAL - UP-69-303 OF GERTRUDE HARRIS ON BEHALF OF BLANCHE WOLF Appeal of the decision of the Planning Commission denying UP-69-303 of Gertrude Harris on behalf of Blanche Wolf to permit a six (63 month extension of the time limit of an existing use permit for utilization of two (2) existing nonconforming structures for the sale of antiques, used furniture and decorator items. Site fronts 180 feet on the southeast side of Newport Avenue approximately 150 ~pet southwest of the center- line of Irvine Blv~ and is'the site of existing structure No. 13122 Newport Avenue. Mr. Supin~er ~how~d films of the buildings on video' tape and explained location. He explained that the request is for utilization of the rear building. The previous action was for a six-month conditional permit which expires January 14. The Planning Commission h~d voted 4 to 2 to defeat a motion to grant a six-month extension. Mayor Coco explained to the audience that the Council-has a full set of notes of the Planning Commission hearing and all staff reports and an additional report from the Police Department. Hearing opened at 8:06 P.M. Mrs. Gertrude Harris, applicant, of Salinwood Way, Irvine, Stated that the broken windows shown on the tape had been done recently when she was closed for the holidays. This shows that the building is better off when occupied. As to why this butldinga=it suits her needsas a place in a shopping een~e~ We~ ~ She has pat~n~ from ~1t Walks o£ life =ineluding ~he young, ~ ~he e~s~ e~ ~he ~Se ~ City Council 1-5-70 Page 3 is denied, Mrs. Harris asked for thirty days to clear the ............. building. Mrs. I~rris showed the Council a list of names ~ of patrons who want her to stay. ----_~___ Mayor Coco stated that intheir recommendations the Police · Department does concur that a business in the structure does have advantages, and goes on to indicate types of security measures necessary. The following spoke on behalf of the applicant and this type of business in the area, as well as the advantages of having the building oecupie~ the lack of combustible .materials, the factsthat Mrs. Harris penairs no smoking in the building, as well as the job She has done in eleaning up the building: Mr. and Mrs. W. Knight, 12502 Kenwood Lane Fir. Jim Hughes~ t752 Lance Drive Mr. Martin Griffith, merchant Mr. Bud Vance Mr. Scherer, 1357 Sierra Alta Lee Armstrong, 1147 North Clark, West Los Angeles Mayor Coco stated that it is not the use that is in question, it is the safety of the building itself, and if occupied, the fire hazard is increased, and Engineering says that traffic is a'hazard. It is up to the Council to decide if the building is better occupied or unoccupied. It is not a question of what use. This use was originally granted for six months with no extension. The council is now hearing an appeal of the Planning Commission decision to determine if any use should continue. In' answer to questioning by Mayor Coco, Mr. Rourke stated that " the Council hasr to make a. decision based on all information, whether continuance of use is detrimental to the health, welfare, life, property, ete. of the community. The Building and Fire Departments would have the prerogative to instigate proceedings to have the building condemned. All decisions on all procedures would.fall on the City Council. The original permit was for a limited period of time. The applicant has known it was not for all time. The questio~ is not if use is as detrimental as it was six months ago. Simply a determination now. There being no further comments or objections the hearing was declared closed at 8:45 P.M. Councilman C. Miller stated that if the building is a danger to other structures, perhaps the Council should instigate proceed- ings to tear the building down. If not, it appears it is better occupied. He sa~d he was concerned with the safety of the people in the building as well as in the area. He stated he had no prejudice against what Mrs. Harris is doing but would like more informationz. as to the.hazards to buildings in the area. Mr. Gill stated that there are apartments approximately 150 feet to the south, ~ fire station to the north. PrOperty to " the rear is vacant. ~aptain Stoll stated ~hat contents add to combustion of a building of wood construction. Fires start from many sources. The Council should consider ~hat if. this building should burn there would be flying brands which could ignite adjacent buildings. Most buildings' roofs in the area are o~ wood. ~ounci~man Ma~.e~r~ ~id ~ha~Mr~. Harris should no~ tak~ ~his personally. lie had been inher place of business and liked her so-called junk. He did not feel qualified to make a decision as to what a safe distance is. From the point of the overall com- munity, any use should probably not be extended. City Council 1-5-70 Page 4 Councilman L. Miller pointed out that the Police recommended outside lighting, and moldings around external doors securely fastened. Mr. Miller queGtioned that if lighting is installed (there is no lighting in the building) wiring would be added which could add to the problem. He thought the external doors to be Mrs. Harris's problem. If the building is left empty, undesirables would be entering causing a hazard. Mr. Gill stated that wiring could be installed to code or Edison installed on poles and not attached to building. Councilnmn C. Miller stated that if the Council can agree that the building i~ safer occupied, they could move t6 the next point of logic. If the building is a fire hazard the City should take steps to see it removed. 'Moved by L. Mili~r, seconded by C. Miller that use be continue~ as previously granted for additional six months with under- standing that oriMinal conditions have been met and will con- tinue to be met. ~aptain Stoll stated that Mrs. Harris had complied with fire regulations, but it was his understanding that she had not met requirements of legal exits as required by the Uniform Building Code. Mrs. Harris stated that Mr. Waldo of the Building Department had approved the exits and said they were satisfactory for six months use. There are thirteen doors which are open at all times. Mr. Gill stated that both Building and Fire did feel that Mrs. Harris had'complied with conditions. Mayor Coco asked Mrs. Harris if she knew when the exeter has intention of removing the building, and if she has any idea of requesting another extension. Mrs. Harris said that she knew this to be a temporary situation, and didn't know if it would be for one month, six months or a year. The owner had let her have the 5Uilding because of van- dalism, with the understanding that Mrs. Harris would receive a thirty day notice tovacate. Above motion carried. Ayes: Coco, C. Miller, L. Miller. Noes: Marsters. Absent: Oster. After further discussion by the Councils-as to the safety of this building and of the packing house further down Newport Avenue, Mayor Coco directed that the staff make a study t.o determine safety of both buildings, occupied or unoccupied, whether or not they should be torn down, and reasons for r~commendations, and report to the Council a~c the earliest possible date. 4. APPEAL - UP-69 - -321 OF BRANCUSI ON BEHALF OF TOM PELFREY Appeal of the decision of the Planning Commission relative -- to certain conditions set forth in the granting of Use Per- mit Application No. 69-321 of Brancusi on behalf of Tom Pelfrey, to permit the utilization of an existing non- conforming structure as a furniture store. Site is at the northwest corner of E1 Camino Real (D Street) and Second' Street. Mr. Supinge~. showed film of the buildings, explaining that the appeal is to the condition placed by the plahhing Commission ~ granting e~ ~se Permit~ that th~ t~O~story garage ~o the City Council ,~I /' . ~I~ · 1-5-70 Page parking area. The applicant has requested that this structure remain to be used for Istoragc. Mayor Coco read conditions of Planning Commission approval. 1. That the twosstory structure on the e r of Shbject ra property be razed and be replaced by paved parking spaces. 2. A 2 1/2 gallon pressurized water type fire extinguisher shallbe provided andlocated near an exit. 3. Unobstructed aisles, 42 inches in width, shall be established through the storage. 'Hearingopeneda~t 9:20 P.M. Mr. Martin Perfit, 190 E1 Camino Real, stated that he had had an architect lookat the garage and it is a good structure. They would like to keep this garage for use as storage of nonflarmnable material. It would be a waste totear it down, and it is less of a hazard than other structure to the north. Mr. Perfit said he'~s considering buying a house in this block on E1 Camino Real, but not if it can't be used for c~mnerciat. There being no objections.or further comments the hearing was declared closed at 9:24 P.M. In answer to questioning by Mr. L. Miller, Mr. Supinger said that the apartment above the garage is not one of the main objections. It has nOt been occupied in the past three years. --- The problem is that the structure is too close to the property line for the type materials used in the construction. The building next to this is non-conforming as it is in a commercial district, but is a residential use. Mayor Coco stated that he presumed this to be in the same category and as explained by Mr. Rourke, that if this building is a danger to life and limb, then proceedings cou~ld be in- stigated to do something about it without waiting for an application of change of use. Mr. Supinger said he believed that to be correct and the .reason it comes up at this time is because of this application, ~hich is a time toattach conditions and a Way to get some off-Street parking~ Mayor Coco and the Council agreed that there does not seem to be a parking problem at this time. But it would be a bonus if garage is taken down. Mayor Coco stated that the study called for in the last hearing could include thesesbuildings. He agreed with Mr. Perfit that the building behfnd the garage could be a hazard. There is an external fire chimney, a frame building, and the roof appears --- to be of tar paper ~onstruction. He said he hated to think of what would happen if sparks from the chimney landed on the roof. The two-story garage overlhangs the property line and there would be no ~uestion of it jumping ~o it as well as the tree spreading ]ust above the garage. Mr. Supinger confirmed that adjacent building is occupied as a residence. Councilman L. Miller stated that since off-street parking is not a key point, the occupancy should be granted until the City makes a study of either demolition or other requirements of this and the buildings on Newport Avenue. A conditional use Council Minutes 1-5-70 Page 6 could be permitted until such time as the staff might require condemnation. Mayor Coco stated that if the Council'grants this usa without conditions, it will be difficult to come back and attach con- ditions. If this is a part of the study. and the study should bring out the fact that proceedings should be instituted, then ~t isn't the part of any use permit hearing, it would be action initiated by the City. Councilman Marsters stated that under the present zoning it would be illegal to make use of the apartment as a residence. He would be infavor of granting this use as long as the Council does have some control through analysis of the situation. Moved by L. Miller that occupancy be permitted subject to removal by any legal method if so determined at concluSion of study. In answer to questioning, Mr. Rourke stated that the matter is before the Council at this moment and the Council should decide now if the use can and should be approved, based on a finding that there won't be any detriment, etc. and , if necessary to make such a finding, this be a condition and it should be a condition now. If the Council does not find the condition necessary, any other steps would be taken by the staff. If determined that the use is not detrimental, simply so state and stop there--grant the use and ask for study in separate action. Councilman C. Miller stated that in the previous action, there certainly was a question as to the degree of hazard, but in looking at the video tape it appeared there is hardly room between this garage and the building behind it and there is not question that this is a hazard. The only way he would vote for this would be with alternatives available--either the garage moved or fire wall and parapet be erected. In answer to questioning, Mr. Perfit stated that he is in the process of buying this property and will buy regardless of the outcome of this hearing. He also stated he intends buying the house two houses from this corner on E1 Camino Real. If .turned into a store it could be an asset to the street, but he would not go through with this if a commercial use would be turned down. Mayor Coco and Councilman C. Miller assured Mr. Perfit that it is not the intention of the'City to tear down buildings that are not in the code, but to encourage this kind of use, and older homes have been taken over for commercial uses. The prime obligation is to insure safety of the citizens. Councilman L. Miller restated his motion that occupancy be permitted subject to removal or improvement of garage at con- clusion of study. Motion died for lack of a second. Moved by C. Miller~ seconded by L. Miller that use be permitre4 ~ubject to providing adequate fire separation to.conform to code or removal of ~arag~. Carried. 5. ~ale of Surplus Property Hearing opened at 9:55 P.M. Council ~b~n~es 1-5-70 Page 7 Mayor Coco explained that this is a small section of surplus property in TustinMeadows to be sold to the Irvine Company to become a part. of adjoining lot, and asked if there were any comments orObjections. There being none the hearing --""""" was declared closed at 9:56 P.Mo ~oved by C. Miller~ seconded by Marsters that the sale of property described in Resolution No~ 1035, to the Irvine Company for the sumof $1.00 be authorized. Carried. L. Miller abstained. Mayor declared five minute recess. VII. OLD BUSINESS 'l. RESOLUTION 1039 A ReSolution of the City Council of the City of Tustin, California, GRANTING A CONDITIONAL USE PERMIT ON APPLICATION NO. UP-69-320 OF RED HILL TEXACO. ~ovedI by Marsters~ seconded by C. Miller that Resolution No. 1039 be read by t~tle only. Carried unanimously. Moved by L. Miller~ seconded by C. Miller thaz Resolution No. 1039, granting a Conditional Use Permit on Application No. UP-69-320 of Red Hill Texaco, be passed and adopted. Carried. Councilman Marsters voting no. VIII. BUSINESS 1. Temporary Space Needs of the City Report of needs, solutions and recommendations presented to the Council. The Council discussed the alternative solutions and the range in costs and requested that the City Administrator present a budget recap and precise plans prior to any action being taken. 2. Award of Bids for City Vehicles Motor Sweeper One Ton Truck Dump Truck Moved by C. M~ller~ seconded bY L. Miller that bids on the one ton truck and heavydump truck"be. awarded no thelow bidder, international Harvester. That bid on stree~ sweeper be awarded to second low bidde~, DearehMachine Company.. ~r.. Carl Dahnsen, representing Kemp Yorke questioned the award of the bid for the street sweeper to the second low bidder, It was explained that the Mobil Sweeper bid by Kemp Yorke does not conform to specifications. a. Nonretractable gutter broom makes it an over~width vehicle. b. Auxiliary engine is 134 cubic inch rather than 170 cubic inch engine specified. Past experience obtaining parts from '~obil" has not been satisfactory as their must ship back east. Wayne has a plant in Pomona, The Wayne machine ~s a 5 year or 50,000 mile warranty on the Council Minu~es 1-5-70 Page power train over the six months or 5,000 mile guarantee of the Mobil. Above motion carried. -~'~""""~ 3. Partial Release of Bonds for Tract 6447 Moved by Marsters~ seconded by C. Miller that the existing faithful performance and labor and material bonds in the ' amounts of $234,200. and $89,500. be exonerated subject to the Grant Company submitting reduced bonds in the amount of $67,300. for faithful performance and $33,650. for labor and material bonding, and that the monumenting bond in the amount of $6,000. be exonerated. Carried. L. Miller abstained. '4. Denial of Claim Moved by Marsters~ seconded by C. Miller that City Attorneyts correspondence be noted and ordered filed. Carried. 5. Approval of Demands. Moved by L. Millerr seconded by Marstots that demands be approved as submitted in the amount of $64,664.87. Carried. IX. OTHER BUSINESS 1. Request for Interpretation of Item 2-A of Ordinance No. 435 Moved by C. Millerr seconded by L. Miller that interpretation of Item 2 of Ordinance 435 be that posting of completion bonds be of sufficient compliance. In answer to questioning by Mayor Coco, Mr. Arg.yros stated that overall timing will be thirty to sixty days. Motion carried. 2. CorresponH~nce from California Council on Inter~overnmental Relations- Mr. Gill stated that .this matter had been continued from the December 15 meeting and that a. reply by January 12 has been requested. The Council discussed area 10 which includes Orange County, and questioned why imperial County should be included in this area and why San Diego is a district by itself. Council directed that Mr. Ken Fleagle, Assistant City Administrator -Community Development, review and contact the Mayor. Mayor Coco to reply by January 12, 1970. 3. Interpretation of California Code relative to approva~ for readin~ Ordinances by title only.. Mayor Coco noted that Mr. Rourke, City Attorney, sta~es that a unanimous condition for reading by title only is satisfied if there are no negative votes. 4. Sanitation District 7 trunk line_~apacity. ~n~ilma~Mi~'~ state~ that District 7 is faced with a is set for the 24th of March. Mr. Miller said they must find someone to chair the citizens committee to promote this elec- tion. No member of the board is eligible and it is not con- sidered in good taste for any member of the Council to so serve. Council Minutes 1-5-70 Page 9 Mayor Coco suggested that a candidate for County Supervisor be considered as one of"them might be interested. Following correspondence reCeiVed: 1. California American RevolutionBicentennial~-Charles Conrad, Chairman. ,'-- 2. League of California Cities, Orange County--notice of Executive meeting 2-8-70. 3. Underground .replacement allocation by Cities--Southern California Edison Company. 4. Letter of appreciation--~ongressman James Utt. 5. Letter commending Officers Kovac and Racine--Orange County Sherfff.'s Office. 6. Commending Sergeant Bixler--San Joaquin School District. 7o Commending Chief Sisseland Sergeant Bixler--Tustin Union High SChOol District. 8. Activity summary for-November--Tustin Police Department. 9. Notice of appllcation before PUC for rate increases-- Southern California and Southern Counties Gas Companies. 10. Notice of Labor Relations Seminar for elected officials, January31, 1970. (Mayor Coco and Councilman C. Miller will attend.) 11. Brief relatlive to Pacific Northwest-California Investi- gation--Civil Aeronautics Board--from City Attorney, City Of Newport Beach. Mayor to write to the City of Newport Beach re problems in the Tustin area and retention of the 400 air mile limit. - X. ADJOURNMENT Moved by Marsters~ seconded b~ L. Miller that meeting be adjourned. Garried~ I MAYOR -- '~LTY CLERK