HomeMy WebLinkAbout01-03-1972MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA
January 3, 1972
The meeting was called to order at 2:05 P.M. in the Council Chambers of the
City Hall Annex, 530 North Ross Street, with the following Councilmen present:
Vernon S. Evans, Wade Herrin, J. Ogden Markel, Harry K. Yamamoto, and
Mayor Lorin Griset. Councilman Ray Villa arrived at 2:10 P. M., and Council-
man Jerry Patterson at 2:15 P.M. Also present were City Manager Carl J.
Thornton, City Attorney James Withers, Director of Planning Herbert Wieland,
Director of Public Works Ronald Wolford, and Clerk of the Council Florence I.
Malone.
MINUTES
on motion of Councilman Evans,
unanimously carried.
The Minutes of the Regular
Meeting of December 20, 1971,
were approved as submitted,
seconded by Councilman Yamamoto~ and
CONSENT CALENDAR The following'Agenda items were
removed from the Consent Calendar:
Items 2-E~ 9-A, 10-B and 13-C
requested by Councilman Markel; Item 5 requested by Councilman Yamamoto.
Councilman Villa arrived at 2:10 P.M.
On motion of Councilman Evans, seconded by Councilman Yamamoto~ and
unanimously carried, Council affirmed the recommended action on the following
Consent Calendar items:
BID CALLS
Approved plans and specifications
and authorized advertisement for
bids on the following:
SPEC. 641-270 - Five each, High Band Mobile Radios; three
radios for Recreation & Parks Department, added units; two
radios for Public Works Department, replacements; opening
date February 4, 1972.
SPEC. 641-271 - Clothing racks and bags for swimming pools;
opening date January 24, 1972.
SPEC. 641-272 - 735 5-gallontrees for various new subdivisions;
opening date January 24, 1972.
CITY COUNCIL -1- January 3, 1972
CONSENT CALENDAR - (Continued)
BID AWARDS
Awarded contracts as follows:
PROJECT 7023 - Replace pump at Well 13; awarded contract
to Orange County Pump Co. , Santa Ana, on the basis of low
bid; and rejected all other bids.
SPEC. 641-266 - Fire Hose: 900' - 3" hose; 1550' - 2 1/2" hose;
1700' - 1 1/2" hose; awarded contract to Herb D. Porter,
Huntington Beach on the basis of low bid; and rejected all other bids.
SPEC. 641-267 - Fire Hose: 800' - 4" hose; awarded contract
to The American Rubber Mfg. Co., Santa Fe Springs, on the
basis of low bid; and rejected all other bids.
SPEC. 641-268 - One (1) concrete routing and joint-cleaning
machine; awarded contract to the Tennant Company, Los Angeles
on the basis of low bid; and rejected all other bids.
TRAFFIC
December 29, 1971, inclusive.
Received and ordered filed
report of control devices
removed or installed from December 17 to
VARIANCES AND
CONDITIONAL USE PERMITS
Received and ordered filed
the following applications:
VA 71-55, HENRY G. FELT - To construct a 28-unit apartment
development in the R 1 District at 701 S. Sullivan Street; APPROVED.
VA 71-58, SANTA ANA MEDICAL ARTS, INC. - To build
second story additions to existing one-story medical suites
at 1125 & 1207 East 17th Street; APPROVED.
VA 71-61, ORVILLE M. & THELMA MILLIKEN - To construct
a comrre rcial building for Orco Alarm Systems in the R 1
District at 514 South Lyon Street; APPROVED.
EX 71-15, JOSEPH AND GALE VERDULT - To enclose an
existing breezeway between the house and a garage which is
within 8' of the rear property line in the R 1 District at 1743
W. Marcella Lane; APPROVED.
DEEDS WITH CASH
GRANTEE, CITY
the following purchases:
Approved deeds and authorized
the Mayor to sign all necessary
documents in connection with
GISH, north side of Seventeenth, east of Jefferson, Street
purposes;
PAMPLIN, north side of Seventeenth, east of Jefferson,
Street purposes.
CITY COUNCIL -2- -
January 3, 1972
CONSENT CALENDAR - (Continued)
TENTATIVE PARCEL MAPS Approved the following maps
subject to conditions contained
in Planning Director's report,
and waived the alley requirement for #729 and #730;
TENTATIVE PARCEL MAP #727 - Filed byM.P.G. Ranch
creating seven (7) M 1 parcels for industrial use, located
generally on the west side of Ritchey Street, north of Maywood
Avenue.
TENTATIVE PARCEL MAP #729 - Filed by Sandman Motels
creating two (2) C 1 parcels, one to be used for a motel and
one for a restaurant, located generally on the north side of
First Street, 814' west of Tustin Avenue.
TENTATIVE PARCEL MAP #730 - Filed by Rand Hawaii,
Ltd., creating three (3) C 2 parcels, two to be used for restaurants
and the third for commercial purposes, located generally on the
northeast corner of Bristol Street and Central Avenue.
REIMBURSEMENTS
Authorized the following
reimbursements:
HUMBLE OIL & REFINING COMPANY, for street purposes at
the northeast corner of Seventeenth Street and Grand Avenue
in exchange for ultimate dedication on both streets, NS-1041, in
the amount of $18,190.02.
E.R. ALLISON, for street improvements on the east side of
Grand Avenue from 568' to 748' north of Seventeenth Street in
exchange for ultimate dedication on Grand Avenue, VA 70-7,
RS~825, in the amount of $3,278.36.
BID AWARD
the following contract:
On motion of Councilman Yamamoto,
seconded by Councilman Evans, and
unanimously carried, Council awarded
SPEC. 641-269 - One (1) Tennant Model 86 power sweeper; awarded
contract to the Tennant Company, Los Angeles, on the basis of low
bid; and rejected all other bids.
ALCOHOLIC BEVERAGE Councilman Herrin's motion to
LICENSE APPLICATIONS receive and file the following
Alcoholic Beverage License
Applications was seconded by Councilman Evans:
ENCORE ROOM, 5021 W. Edinger Avenue, On Sale Beer & Wine,
Person to Person Transfer;
CITY COUNCIL
-3-
January 3, 1972
ALCOHOLIC BEVERAGE LICENSE APPLICATIONS - (Continued)
Motion
BAJA, S.A., 2711 S. Bristol, On Sale Beer, Original Person
Application for existing licensed premises;
LASANTILLAS MARKET NO. 1, 421 E. McFadden Street, Off
Sale Beer & Wine, Person to Person Transfer;
GALAXY, 900 N. Broadway, On Sale General, Person to Person
Transfer;
THE ELBOW ROOM, 321 E. 17th Street, On Sale General, Person
to Person Transfer;
THE RED BARON, 1815 South Main Street, On Sale Beer, Person
to Person Transfer.
carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Villa, Griset, Markel
Yamamoto
Patterson
DEEDS On motion of Councilman Herrin,
seconded by Councilman Evans~
Council received and ordered filed
report of No-Cash Deeds accepted by the City Manager pursuant to Resolution
#69-156 from December 15 through December 28, 1971, inclusive. Motion carried
on the following roll call vote:
AYES: Herrin, Evans,
NOES: None
ABSENT: Patterson
Villa, Griset, Yamamoto, Markel
Councilman Patterson arrived at 2:15 P. M.
TENTATIVE PARCEL MAP
approved the following map:
On motion of Councilman Yamamoto,
seconded by Councilman Herrin, and
unanimously carried, Council
TENTATIVE PARCEL MAP #728 - Filed byW.J. Larder creating
four (4) R 1 parcels, use not known at this time, located generally
on the south side of Edinger Avenue, 400' west of South Pacific Avenue.
REIMBURSEMENT
authorized the following reimbursement:
On motion of Councilman Yamamoto,
seconded by Councilman Patterson,
and unanimously carried, Council
LUCAS DEVELOPMENT CORPORATION, for water main
installed in Tract 7170 adjacent to ~%Vestwood Park, W.O.
in the amount of $1, 881.46.
52051,
CITY COUNCIL -4- January 3, 1972
READING WAIVED On motion of Councilman Herrin,
seconded by Councilman Patterson,
and unanimously carried, the full
reading of ordinances and resolutions, the titles of which appeared on the public
Agenda, was w~ived.
ORD. NS-1106 ORDINANCE NS-1106 CHANGING
A.A. #693 ZONING CLASSIFICATION ON
CAL-PENN LAND CO. AMENDMENT APPLICATION 693
FILED BY CAL-PENN LAND
COMPANY AND AMENDING SECTIONAL DISTRICT MAP 17-5-10 (EXHIBIT 693-A)
was passed to second reading on motion of Councilman Herrin, seconded by Council-
man Evans, and carried on a 6-1 vote, Councilman Yamamoto voting NO.
RES.. 72-1 RESOLUTION 72-1 OVERRULING
EX 71-14 THE DECISION OF THE ZONING
ROLAND FRANK GONZALES ADMINISTRATOR AND APPROVING
MINOR EXCEPTION 71-14 FILED
BY ROLAND FRANK GONZALES was adopted on motion of Councilman Herrin,
seconded by Councilman Patterson, and unanimously carried.
RES. 72-2 RESOLUTION 72-2 OVERRULING
VA 71-48 THE DECISION OF THE PLANNING
ROBERT H. GRANT COMPANY COMMISSION AND CONDITIONALLY
GRANTING VA 71-48 FILED BY
ROBERT H. GRANT COMPANY was adopted on motion of Councilman Herrin, seconded
by Councilman Patterson, and carried on a 6-1 vote, Councilman Yamamoto voting
NO.
RES. 72-3 RESOLUTION 72-3 APPROVING
STREET VACATION MAP AND DECLARING INTENTION
GRAND AND McFADDEN TO VACATE A PORTION OF GRAND
AVENUE NORTH OF McFADDEN
AVENUE was adopted on motion of Councilman Herrin, seconded by Councilman
Villa, and unanimously carried.
RES. 72-4 RESOLUTION 72-4 APPROVING
STREET VACATION MAP AND DECLARING INTENTION
ALLEY AT WARNER & BRISTOL TO VACATE ALLEY SOUTH OF
WARNER AND EAST OF BRISTOL
STREET RESERVING AN EASEMENT FOR SOUTHERN CALIFORNIA GAS COMPANY
AND SOUTHERN CALIFORNIA EDISON COMPANY was adopted on motion of
Councilman Herrin, seconded by Councilman Evans, and unanimously carried.
RES. 72-5 On motion of ~Councilman Herrin,
PARKING ON WASHINGTON AVE. seconded by Councilman Evans, and
unanimously carried, Council postponed
consideration of RESOLUTION 72-5 ESTABLISHING LEFT TURN POCKETS AND
CERTAIN CURBSIDE PARKING CONDITIONS ON WASHINGTON AVENUE FROM
CITY COUNCIL -5- January 3, 1972
RES. 72-5, PARKING ON WASHINTON AVE. - (Continued)
BUSH STREET TO LINCOLN AVENUE, to the regular meetir~g of January 17, 1972,
at the request of the Director of Public Works.
RES. 72-9 RESOLUTION 72-9 DECLARING
ANNEXATION THE ANNEXATION OF TERRITORY
SANTA CLARA AND WRIGHT N.E. DESIGNATED "SANTA CLARA AND
WRIGHT N.E. ANNEX" TO THE
CITY OF SANTA ANA, was adopted on motion of Councilman Herrin, seconded by
Councilman Evans, and unanimously carried.
WATER UTILITY FUND On the unanimously carried motion
of Councilman Herrin, seconded
by Councilman Evans, Council
received and ordered filed financial statement of Water Utility Fund for the Fiscal
Year ending June 30, 1971, submitted by City's auditors, Diehl, Evans and Company.
GENERAL FINANCIAL STATEMENT Councilman Markel stated that he
had not had an opportunity to study
in detail the General Financial
Statement for the Fiscal Year ending June 30, 1971, submitted by the City's auditors,
Diehl, Evans and Company, and moved to continue the matter to the regular meeting
of January 17, 1972. Motion was seconded by Councilman Herrin, and carried on
the following roll call vote:
AYES:
NOES:
ABSENT:
Markel, Herrin, Griset, Patterson
Villa, Evans, Yamamoto
None
PARKING RESTRICTIONS Report of traffic and parking
conditions on Flower Street between
First Street and Seventeenth Street
was set for public hearing on February 7, 1972, on motion of Councilman Herrin,
seconded by Councilman Evans, and unanimously carried.
STREET LIGHTING Report and recommendation for
BROOK STREET lighting in the area of 1649 Brook
Street were approved on the
unanimously carried motion of Councilman Markel, seconded by Councilman Yamamoto.
CHANGES IN TRASH RATES Councilman Patterson moved to
AND REGULATIONS remove from the table the motion to
adopt Ordinance NS-1093, which had
been tabled at the December 20 meeting. Motion was seconded by Councilman
Yamamoto and carried on a 6-1 vote, Councilman Markel dissenting.
CITY COUNCIL -6- January 3, 1972
CHANGES IN TRASH RATES AND REG~ULATIONS - (Continued)
Following discussion of size of required trash bins, the property owners' right
to request a waiver of this requirement if there is insufficient space for a large
bin, and the right of appeal to Council in the event of denial of a waiver by the
Director of Public Works, ORDINANCE NS-1093 AMENDING THE SANTA ANA
MUNICIPAL CODE BY AMENDING SECTION 16-33 AND SECTION 16-34 THEREOF
PERTAINING TO REFUSE COLLECTION REGULATIONS was adopted on motion
of Councilman Patterson, seconded by Councilman Villa, and carried on the
following roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Villa, Evans, Griset, Yamamoto
Herrin, Markel
None
RESOLUTION 72-7 ESTABLISHING REVISED SCHEDULE OF RATES FOR
REFUSE COLLECTION was adopted on motion of Councilman Patterson, seconded
by Councilman Villa, and unanimously carried; with the provision that the
resolution will be amended by addition of the following clause:
"The requirement for mandatory container rental may be waived for apartment
buildings existing on January 1, 1972, upon a finding by the Director of Public
Works that no space is available for such container within the boundary lines of
the apartment property. In no case, however, shall container locations be considered
in the front yard setback or within areas required for meeting the minimum off-street
parking requirements of applicable zoning regulations. Any applicant Who has been
denied a waiver by the Director of Public Works may appeal such action to the City
Council by filing within 30 days aft~ such/d~ia],~ a ii~ritten' 'statemelit_0f; hi~ r~asonh'why
the City Council should reverse the action from which the appeal is taken."
and waiver provisions as outlined below:
Residence Type
Monthly Monthly
Cost per Unit Total Cost
Single Family $ 1.30 $ 1.30
Duplex ,]. 05 2.10
Triplex 0.97 2.. 90
4 Units 0.97 3.88
5 Units 0.97 4.85
6 Units -0. 97 5.82
7 Units 0.97 6.79
8 Units 0.97 7.76
9 Units & Up 0.97 8.73
and up
RESOLUTION 72-8 AMENDING SECTION 3OF RESOLU~iiION NO..58-281 BY DELETING
THE CLASS TITLE OF SANITATION INSPECTOR AND ADDING THE CLASSES OF
SANITATION INSPECTOR I AND SANITATION INSPECTOR II was adopted on motion
of Councilman Patterson, seconded by Councilman Villa, and carried on the following
roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Villa, Griset, Yamamoto
Evans, Herrin, Markel
None
CITY COUNCIL
-7-
January3, 1972
CHANGES IN TRASH RATES AND REGULATIONS - (Continued)
Prior to making the motion, Councilman Patterson stated he had requested rand this
Resolution had been placed on the Agenda again at his request, since the City Manager
had recommended approval, motion to adopt had failed on a tie vote at the December
6 meeting, and he wished to have it reconsidered by the full Council. Councilman
Markel asked if the Sanitation Inspectors would have police power, and the City
Attorney stated they would be able to issue citations, but not make arrests.
Councilman Patterson's motion, seconded by Cound{i'r~an Yamamoto, to approve
Classification Specifications for Sanitation Inspector I and Sanitation Inspector II,
carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Yamamoto, Villa, Griset
Evans, Herrin, Markal
None
RECESS
At 2:35 P.M. a recess was declared.
The meeting reconvened at 2:50 P. M.
with all Councilmen present.
WAGE AND SALARY The matter of wage and salary
ADJUSTMENTS adjustments for the Police and Fire
Departments was set for public
hearing on January 17, 1972, on the unanimously carried motion of Councilman Herrin,
seconded by Councilman Yamamoto.
SUMMARY OF REFERRALS On motion of Councilman Villa,
seconded by Councilman Evans,
and unanimously carried, Council
received and ordered filed report of action items referred to staff which are still
pending.
Councilman Villa asked for the status of the appraisal on the Willowick Golf Course.
Staff reported that the appraisal is in process, but the completion date is not known.
Councilman Markel requested more information concerning parking on private
property. The City Manager stated that in some instances private parking lots are
used by others~ usiag up space that the owner needs for his own automobiles; that
the City has an ordinance which allows the Police Department to tow away illegally
parked cars~ but consideration is being given to something less drastic.
Councilman Markel suggested that the Cultural Heritage Program should be deletdd
from the Referral List~ due to lack of interest in the people who have been contacted.
Councilmen Markel and Villa questioned the status of the report on the Warner Avenue
South Co~nmunity Plan. ~£he City Manager stated that the Planning Department is
presently making a full-scale study for the purpose of revising and updating the plan
for the Warner Sou~h area.
CITY COUNCIL
-8-
January 3, 1972
SUMMARY OF REFERRALS -(Continued)
Councilman Evans made further reference to the Cultural Heritage Program. He
requested that a follow-up letter be sent out by the Clerk of the Council, since the
original letter went out during the Holiday Season when many of the organizations
contacted had other projects to consider, and that perhaps more interest could be
generated. The consensus of the Council was that the matter should be followed,
and Councilman Patterson requested that it be sent to additional organizations who
might be interested.
Councilman Markel suggested that the matter of parking meter funds for improvement
of lighting in the downtown area adjacent to the Assessment District should be ~teferred
for one full year since he could see no results from money spent. The Mayor stated
that the method of distribution of expense where the City assumed the responsibility for
underground work and the property owners assumed the responsibility for the fixtures
themselves makes a very fine partnership and he would be opposed to the suggestion.
TRASH PICKUP RATES Mr. Robert Fair, a member of the
Board of Directors of the Orange
County Apartment House Association,
stated that ~the Association had received many calls complaining of the increase in
the rate for trash collection, and objecting to being forced to take a trash bin whether
they could use it or not; that after reading the ordinance, he understands they are not
now being forced to take the bins, and that he believes the charges are fair. He also
mentioned the poor pickup service over the past four years and presented a picture
of an area taken after ~ trash pickup service.
Mrs. Janice Boer, 912 N. Lowell, also spoke to the subject, stating the trash pickup
in the City has been quite deplorable; and that the noise has increased considerably.
She objected to extension of the contract before it had expired, stating this gives the
company a monopoly; that the contract should go out to bid, since where there is no
competition, there is no attempt to give service.
The City Manager stated that the City of Newport Beach handles trash pickup itself;
but that every other city in Orange County, and the County itself, have monopolistic
operations; that the prior contractor for Santa Ana bid the first time in 1952 and had
his contract extended five times; and that the City went to bid when the demand for
an increase in rates was far beyond what was required.
BICYCLE LICENSING Councilman Yamamoto stated that
a lot of new bicycles were received
: by children in the city for Christmas;
that he believes it is danger6~s for the children to have to bring the bicycles into the
City to be licensed; and asked for a report from staff concerning the possibility of
additional locations for registering bicycles. At present, every bicycle must be
licensed at City Hall.
RECESS At 3:25 P.M., the meeting was
recessed to 7:30 P.M., at which
time it was reconvened with alt
Council members present. Following the Pledge of Allegiance to the Flag, the
Invocation was given by the Reverend John Wilker, St. Peter Lutheran Church.
CITY COUNCIL -9- January 3, 1972
CERTIFICATE OF PUB LIC The Mayor opened the public hearing
CONVENIENCE AND NECESSITY on the application filed by Care
Convalescent Ambulance, Stanton, to
operate one ambulance within the City of Santa Ana.
Mr. Elroy Giddons, Attorney, 505 Commonwealth, Fullerton, spoke on behalf of
Mr. Carl J. Richardson who operates Care Convalescent Ambulance. He stated that
Mr. Richardson has been in business for three years in cities surrounding Santa Ana;
that he has a good financial statement; that he operates two units, has a State License,
and employs four people; that his business is comprised mostly of Medicare and
Medi-Cal,patients and that it sometimes takes as long as six months to receive pay-
ment for these services; that other ambulance companies do not like this type of
business because of the slow payment; that he is not interested in police calls; that
he has a license to operate in Stanton, Garden Grove, Fullerton, and Los Alamitos,
and is able to bring patients to Santa Aha hospitals, but cannot return to pick them up
when they are ready to go home, andhe cannot come to Santa Ana-to pick up patients
who wish to go to the cities where he is licensed.
Mr. Joseph T. Klein of Mission Ambulance Service spoke in favor o£ granting the
application. He stated there is a need for this type of service in Santa Ana; that
some of the ambulance services in the city are interested primarily in emergency
work and it is not economically feasible for them to become involved in transporting
convalescent patients; that it is a grave injustice that they are allowed to bring
patients into Santa Ana but are not allowed to transport those same patients out of
the City; that it is common practice for Homes and hospitals to call the ambulance that
brought the patient in; that he has heard good comments from rest homes in Santa Ana
regarding Care service; that they can offer their service at a lower rate which is
advantageous to the patient.
Mr. John Morrill, Morgan Ambulance, 1322 N. Sycamore, spoke against granting
the application, stating that on emergency service they can collect oniy about 20%
of the cost; that the bulk of their income comes from private calls or community
calls; that if more companies are allowed in Santa Ana it is not bettering the service,
only increasing competition; that the average operator faces a large investment in
equipment which only lasts a few years before it has to be replaced; that insurance
is expensive and hard to obtain; that telephones and vehicles have to be manned 24
hours a day; that accounts receivables are very high and most result in write-offs;
that Medicare and Medi-Cal are the only ones they can collect their money from
and it amounts to approximately 50% of their income.
There were no further proponents or opponents in the matter. The Clerk reported
no written communications had been received, and the Mayor closed the toublic
hearing.
Councilman Patterson stated that he represents Morgan Ambulance Company;
that he did not know a representative of that company would be speaking to the
matter, and that since Mr. Mori~ill was present in that regard, he felt there was
a conflict of interest, and would abstain from voting. The City Attorney agreed
that there was a clear enough conflict of interest not to require the Councilman's
vote on the matter. Councilman Patterson stepped down.
The Mayor stated he would not be in favor of granting this application because it
had not been proven to him that more ambulances were needed in Santa Ana.
CITY COUNCIL -10- January 3~ 1972
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY - (Continued)
Councilman Yamamoto stated that Mr. Morrill of Morgan Ambulance had spoken
against allowing another ambulance service in the City, but that he believed any
type of business would attempt to keep competition out of the City.
Councilman Herrin stated that if conditions are as bad as suggested by Mr. Morrill
he would not imagine that anyone would want to conduct such a business in Santa Aha,
and that he did not believe the Council could hold jurisdiction in this matter; ~that
this is in the area of giving everyone fair treatment.
In response to Councilman Villa's question as to how a need is established, the
Mayor stated he believed that if there is a deficiency in ambulance service in the
City of Santa Ana, it will come to the Council's attention very quickly. Councilman
Villa again asked what criteria is used in establishing a need for the service, and
stated that he did not believe the application should be denied on this basis.
The City Manager stated that the ordinance covering this type of service requires
a determination that there is a necessity created by demand; that there are too
many ambulances operating in the CRy at the present time, and if the portion of
their business which is the most assured portion of the payment is taken away from
them, there is difficulty in making the remainder of the business operate on a
profitable basis; that they may not be willing to respond to police calls if this
happens.
Councilman Herrin's motion, seconded by Councilman Yamamoto, to grant
the request and issue a Certificate of Public Convenience and Necessity to
Care Convalescent Ambulance to do business and to operate one ambulance within
the City of Santa Ana, failed on the following roll call vote:
AYES: Herrin, Yamamoto, Villa
NOES: Evans, Griset, Markel
ABSENT: None
ABSTAINED: Patterson
A.A. #690 The Mayor opened the public hearing
HAROLD T. SEGERSTROM on Amendment Application #690 filed
AND HOWARD BEAR by Harold T Segerstrom & Howard
Bear to rezone property located on
the west side of Plaza Drive between Sunflower Avenue (Wakeham Avenue) and
MacArthur Boulevard, from R 1 to R 4 District.
Mr. Greg Butcher, 3315 Fairview Road, Costa Mesa, representing the Segerstrom
Corporation, stated that the development proposed for this property represents a
high-qUality, adult-only development; that the density requested of approximately
24 units per acre is necessary to support the quality and uniqueness of the design;
that the apartments will range from 600 to 1300 square feet and the rental range will be
from $150 to $350 per month; that it would be a combination of two and three story
units, with the three story unit~s loo~ing irr~vard, and the two-story id the outside;'
that they are requesting a higher density becadse they feel it' is:necessary to the
~lesign and quality of the development;
CITY COUNCIL -11- January 3, 1972
A.A. #690, HAROLD T. SEGERSTROM AND HOWARD BEAR - (Continued)
There were no further proponents or opponents in this matter, and the Clerk
reported no written communications had been received. The Mayor closed the
public hearing.
Councilman Markel moved to approve Amendment Application 690, and to pass to
second reading ORDINANCE NS-1104 CHANGING ZONING CLASSIFICATION ON
AMENDMENT APPLICATION 690 FILED BY HAROLD T. SEGERSTROM AND
HOWARD BEAR AND AMENDING SECTIONAL DISTRICT MAP 35-5-10(EXHIBIT
A,A. 690-A). Motion was seconded by Councilman Herrin, and carried on the
following roll call vote:
AYES:
NOES:
ABSENT:
Markel, Herrin, Villa, Evans,
None
None
Griset, Yamamoto, Patterson
A.A. #694 The Mayor opened the public hearing
C.B. KNICKERBOCKER, ET AL on Amendment Application 694 filed
by C.B. Knickerbocker, et al, to
rezone property located on the west side of Bush Street between Washington and
Eleventh Streets, from P District to C 2 District.
The Director of Planning stated that staff recommended denial of this zone change
because the present P zone on Bush Street provides a buffer for the commercial
along Main Street and the residential uses to the east; but that the Planning
Commission felt the rezoning would not be detrimental to the General Plan and
recommended approval.
The applicant, Mr. C.B. Knickerbocker, stated that a development company has
an option on the property but is unable to obtain a loan unless it is rezoned; thkt the
C 2 zoning being requested is less restrictive than the C 3 zone which is immediately
to the north of his property.
There were no further proponents or opponents and the Clerk reported no written
communications had been received. The Mayor closed the public hearing.
Councilman Patterson stated he concurred with the staff recommendation for denial;
that perhaps a variance techhique could be used, but he is opposed to granting azone
change; that a zone change would not be in the best interests of the City or the property
owners. Councilman Yamamoto agreed.
Councilman Markel moved to approve Amendment Application 694, and to pass to
second reading ORDINANCE NS-1105 CHANGING ZONING CLASSIFICATION ON
AMENDMENT APPLICATION 694 FILED BY C.B. KNICKERBOCKER, ET AL AND
AMENDING SECTIONAL DISTRICT MAP 7-5-9 (EXHIBIT A.A. 694-A). Motion was
seconded by Councilman Herrin, and carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Markel, Herrin, Villa, Evans,
Patterson
None
Griset, Yamamoto
CITY COUNCIL -12- January 3, 1972
RECESS
present.
At 8:45 P~M.,~a recess was
declared. The meeting reconvened
at 8:50 P.M. with all Councilmen
APPEAL #288 The Mayor opened the public hearing
CUP 71-34 on Appeal #288 filed by Robert R.
ROBERT R. WASHER Washer appealing the requirements
for lighting fee, trees, and 4' decorative
wall contained in Conditional Use Permit 71-34, approved by the Planning Commission,
allowing retail sales in the M 1 District at 3500 W. 17th Street (Westminster).
The Director of Public Works stated that Condition 6-D of the Commission report
was amended to read" . $1095.00 or subject to review.. "He stated that the
bond involved has been recalculated, and for sidewalk and tre~s it would amount
to $446.00 and the street lights would be $103.00, for a total of $549.00; that Public
Works feels this is a reasonable requirement for any commercial enterprise, and
particularly on 17th Street.
The Director of Planning stated that the 4' decorative wall is a standard requirement
to screen parking, and that staff feels the requirement is reasonable and should be
retained.
Robert R. Washer, 12615 Lighthouse,Lane, Corona del Mar, stated he had come
before the Council because his neighbor to the east had not been required to comply
with the same conditions, and he was asking for the same consideration to be given
to him. He presented pictures of the two properties. He also stated that the Planning
Commission had stipulated that there would be no curbside parking along Seventeenth
Street in front of his building, but there is parking in front of the office next to his.
There were- no further proponents or opponents and the Clerk reported no written
communication had been received on the matter. The Mayor closed the public
hearing~
In discussing the "No Parking" on 17th Street, the Director of Public Works stated
they are trying to warn potential developers that there will be no parking on the
major arterial system; that it doesn't mean now, but eventually.
Councilman Patterson stated he felt that flue information presented was incomplete
and would like to refer the matter to staff for further report.
Councilman Herrin's motion, seconded by Councilman Yamamoto, to refer Appeal
#288 to staff for further information and report on January 17, 1972, carried on
the following roll call vote:
AYES: Herrin, Yamamoto, Villa, Evans, Patterson
NOES: Griset, Markel
ABSENT: None
CITY COUNCIL -13- January 3, 1972
APPEAL #289 The Mayor opened the public hearing
VA 71-62 on Appeal #289 filed by Lorraine B.
LORRAINE B. ELAM Elam appealing the Planning
Commission's denial of VA 71-62 to
continue use of rear of property at 5106 West Hazard Avenue for auto reclaiming.
The Director of Planning stated that just one year ago Council granted an application
for auto dismantling at this location; that the Planning Commission and Planning
Staff had recommended denial; that conditions of approval were that the variance was
granted for a period of one year; fl~e front portion of the lot was to be landscaped; a
driveway was to be constructed of gravel from the front to the garage; and a chain link
fence with opaque screening would be provided around the wrecking yard; that the
applicant is asking for a renewal and the Planning Commission and Staff unanimously -
recommend denial; that the basic question is one of land (~se and planning; that the are
is residential with the exception of this property and a small non-conforming use
immediately to the east, where there is a battery shop; that the performance during
the year the variance has been in effect has not been good; that the Planning Staff is
not insensitive to the problems of the applicant, but the solution should not be at the
expense of the surrounding property owners. He presented a video tape of the
operation which was taken during the month of December, 1971.
Mr. Robert Bethea, 13981 Sandhurst Place, spoke on behalf of Mrs. Elam. He stated
they are asking for an extension of the variance for a period of approximately three
months; that Mr. Ellis, who operates the wrecking yard, has located property in
Huntington Beach but must obtain a Conditional Use Permit in order.to conduct his
business there; that this procedure is in process at the present time; and that Mr. Ellis
needs time to complete arrangements for this new location and.to move his business
there. He further stated that Mr. Ellis has reasonably complied with the conditions
put forth by the City Council at the time the original variance was granted; that an
asphalt driveway was constructed, and an 8' opaque fence was put up around the junk
yard area; that the property to the rear of Mr. Ellis's property has been rented to
another party and they contribute substantially to the activity; and that they are requestin~
an opportunity for an orderly withdrawal from the property.
Mr. A1 Parker, 5023 W. 7th Street, spoke in opposition to the appeal, He presented
pictures taken during the day and stated there are more cars in the outside space than
a month ago; that the operation in the rear has big trucks loading and unloading the
wrecked automobiles, and uses the driveway; that a fence was built but fi': does not
screen the wrecking operations.
The Rev. Zamora, requested that, if the operation is allowed to continue, they not
be allowed to use the driveway next to the battery shop; that they have been bringing
in trucks full of autos and have been going through the whole area, using somebody
else's property.
Mr. James W. Trubey, 801 N. Morse Drive, presented pictures taken about the
first of December, stating that the renter has not lived up to the conditions of the
variance.
In response to a question from Mr. Arnold I-Ioffman, the Mayor stated that if the
appeal is granted for 90 days it cannot be extended again.
CITY COUNCIL -14- January 3, 1972
APPEAL #289, VA 71-62 - LORRAINE B. ELAM - (Continued)
Mr. Robert Arnendarez, 1527 W. 7th Street, and Mr. Will Cross, 923 N. Euclid
also spoke against the appeal.
There were no further proponents or opponents in the matter and the Clerk reported
no written communications had been received. The Mayor closed the public hearing.
In response to a question from Councilman yamamoto, the Director of Planning
stated that if someone else is operating at the rear of the property, the Planning
Staff is not aware of it, and that the variance in question is the only one that has
been approved.
Councilman Yamamoto stated that the original variance was for one year, yet the
tenants made no attempt to find another location before the variance expired. In
response to a question from Councilman Evans, Mr. Ellis stated that he wants three
months to continue to operate and obtain money to get another place.
Councilman Villa moved to grant the appeal and approve Variance Application 71-62
for a three months' period. Councilman Herrin seconded the motion with the
provision that the time limit be established definitely at 90 days, or until April 3.
Motion carried on fhe following roil call vote:
AYES:
NOES:
ABSENT:
Villa, Herrin, Griset, Markel
Evans, Yamamoto, Patterson
None
APPEAL #290 The Director of Planning stated that
VA 71-54 at the time the Planning Commission
HAROLD SEGERSTROM, ET AL heard the rezoning application for
the property at 3737 S. Bear Street,
they also heard this variance which was filed with a precise plan. He stated that the
applicant has appealed the dedication of 120' right-of-way on Bear Street; that at the
present time the street is 80' and it will be increased to 100'. The other condition
being appealed is that the applicant promises not to protest any future assessment
district.
The Mayor opened the public hearing on Appeal #290 filed by Harold Segerstrom,
et al, and Howard Bear appealing Conditions 6-A(6) and (7) of VA 71-54, approved
by the Planning Commission, to construct an 828-unit multiple family apartment
project on approximately 33 acres of land in the R 1 District at 3737 S. Bear Street.
Mr. Gregory Butcher of the Segerstrom Corporation, stated that they feel a
hardship is being imposed by the 120' street dedication requirement; that they are
in favor of bicycle paths, but believe more research and study on the subject is
necessary. He stated that they have had difficulty in understanding the legal validity o~
the second condition, concerning future assessment districts; and that they will be
more than willing to consider specific assessment districts as they may be established
in the future.
CITY COUNCIL
-15 -
January3, 1972
APPEAL #290, VA 71-54, HAROLD SEGERSTROM, ET AL - (Continued)
There were no further proponents or opponents in the matter, and the Clerk
reported no written communications had been received. The Mayor closed
the public hearing.
In response to questions from the Council, the Planning Director stated that the
120~ width of the street was set to allow for bicycle paths; the City Attorney stated
that the condition asking the company not to protest future Assessment Districts
is a new one but he knows of no existing law prohibiting it; and questioned the "adults
only" restriction.
Councilman Evans' motion, seconded by Councilman Villa, to grant the appeal
and instruct the City Attorney to prepare a Resolution approving Variance
Application 71-54 subject to conditions of approval contained in the Commission
report, excepting Condition 6-A(7) and modifying Condition 6-A(6) to read"
is to be increased to 100'," carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Evans, Villa, Herrin, Griset, Yamamoto, Patterson, Markel
None
None
APPEAL #291 The Mayor opened the public
VA 71-63 hearing on Ap~peal #291 filed by
ELLIS W. STANLEY Grace Alberts appealing Planning
Commission's approval of VA 71-63
filed by Ellis W. Stanley to allow generator rebuilding in the C 2 District at 1112
E. 17th Street; and requesting a change in the wording from "To allow generator
rebuilding . . ." to "To allow generator rebuilding of gasoline driven passenger
and truck vehicles only. "
The Director of Planning stated they have no objection to this tightening up of
the condition.
Mrs. Grace Alberts, 1135 E. Washington Place, stated that she owns the property
that adjoins this commercial zone; that she (floes not want any big generator operation the
but if it is automotive she has no objection.
Mr. Jerry Obenberg, representing Mr. Stanley, stated that he has no objection
basically, only that they do have butane and diesel engines and would like to have
the word "gasoline" deleted.
Councilman Patterson's motion, seconded by Councilman Yamamoto, to grant
the appeal and instruct the City Attorney to prep, are a resolution approving
Variance Application 71-63, subject to conditions of approval contained in the
Commission report, to allow generator rebuildin§~ of passenger and truck vehicles o~ -,
carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Yamamoto, Villa, Evans, Herrin,
None
None
Griset, Markel
CITY COUNCIL
-16 -
January 3, 1972
EMERGENCY TELEPHONE Councilman Yamamoto requested
NUMBER staff to investigate the possibility
of establishing an emergency
telephone number that would be used for all emergencies, rather than having
separate numbers for each type of emergency.
ADJOURNMENT
The Mayor declared the meeting
adjourned at 10:40 P. M.
Florence I. Malone
Clerk of the Council
CITY COUNCIL -17- January 3, 1972