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HomeMy WebLinkAbout02-22-1972MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA February 22, 1972 The meeting was called to order at Z:05 P.M. in the Council Chambers of the City Hall Annex, 530 North Ross Street, with the following Councilmen present: Vernon S. Evans, J. Ogden Markel, Jerry M. Patterson, Ray Villa, Harry K. Yamamoto, and Vice Mayor Wade Herrin. Mayor Lorin Griset was absent, but arrived for the evening meeting at 7:30 P.M. Also present were City Manager Carl J. Thornton, City Attorney James A. ~rithers, Director of Planning Herbert Wieland, Director of Public Works Ronald V~olford, and Clerk of the Council Florence I. Malone. MINUTES Minutes of the-Adjourned Regular Meeting of January 31, 1972; the Regular Meeting of ~'ebruary 7, 1972; and the Special Meeting of February 11, 1972, were approved as submitted on motion of Councilman Evans, seconded by Councilman Yamamoto, and unanimously carried. CONSENT CALENDAR The following agenda items were removed from the Consent Calendar: Items S-A, $-C and S-E requested by Councilman Yamamoto; items ?-B, 7-E, 7-G and 9-A, requested by Councilman Markel; item 7-C and ?-D~ requested by Councilman Patterson. Councilman Markel stated he would abstain from voting on item 5-C since he owns the building in which Dancers Corner is located, and he left the room. Councilman Yamamoto moved to instruct the City Attorney to prepare a letter of protest on the following item: DANCERS CORNER, 1438½ S. Main Street, On Sale Beer, Original (Protest - within 300' of residential area). Motion w~s seconded by Councilman Patterson and carried on a 5-0 vote, Council- man Markel abstaining. Councilman Markel returned to the meeting. On motion of Councilman Yamamoto, seconded by Councilman Patterson, and unanimously carried, Council affirmed the recommended acf. ion on the following ~ Consent Calendar items: BID CALLS Approved plans and specifications and authorized advertisement for CITY COUNCIL -74- FebruaryZ2, 1972 CONSENT CALENDAR - (Continued) bids on the following: PROJECT 3024 - Construct sanitary sewer in McFadden Avenue from Euclid Street to Corta Drive and in Santiago Street from Virginia Avenue to 100 feet north; opening date March 27, 1972. PROJECT 6050 - Construct fencing around two tennis courts in Westwood Park; opening date March 14, 1972. PROJECT 7024 - Install cathodic protection system for the East Reservoir; opening date March 14, 1972. B ID AWAR DS Awarded contracts as follows: SPEC. 641-270 - Five ea., High Band Mobile Radios; three for Recreation & Parks (added units), and two for Public Works (replacements); awarded c~ntract to Orange County Radiotelephone, Santa Aha, on the basis of total low cost for the radios, including maintenance; and rejected all other bids. SPEC. 641-273 - Athletic equipment - annual requirement; awarded contracts as follows on the basis of low bid on a unit price basis; and rejected all other bids: Leo-Paul Athletic Supply, Santa Aha ~ Items 3, 6, 9, 10, 11, 13, 14, 17, 21, 28, 31, and 48° Neal's Sporting Goods, Inc., Santa Aha - Items 7, 12, and 88. Boege's Sporting Goods and Associates, Inc., Fullerton - Items 1, 24, and 84. Wisser Sporting Goods, Anaheim- Items 5, 19, 36, 39, 86, 87, and 92. Hammatt & Snns, Anaheim- Items 33, 68, 70, 73, 74, and 75. Seamless - Div. of Dart Industries, Alhambra - Items 57, 62, and 64. Paramount Sports, Los Angeles - Item 27. Kenny's Sporting Goods, Long Beach - Item 30. CITY COUNCIL -75 - February 22, 1972 CONSENT CALENDAR - (Continued) Tennis West Associates, San Francisco - Item 35. Pasadena Wood Products Company, Arcadia - Item 69° Spartan Sales & Service - Item 42. PROJECT 3021 - Construct sanitary sewer from Sixth and Ross Streets to Van Ness Avenue and Santa Ana Boulevard; awarded contract to Tony Pipeline Construction, Los Angeles, on the basis of low bid; and rejected all other bids. PROJECT 6049 - Construct landscape irrigation system in Santa Aha Boulevard medians between Santiago Street and Grand Avenue; awarded contract to Mazon Landscape Company, Carson, on basis of low bid; and rejected all other bids. AGREEMENTS Approved the following agreements and authorized their execution by the Mayor and Clerk: ENCROACHMENT AGREEMENT - Between the City and Minler Hotels, Inc., and Fairhaven Memorial Park, Inc., to construct a sign at 604 N. Main Street. RIGHT OF WAY CERTIFICATION - For the improvement of 17th Street from Main to the Santa Ana Freeway. STORM DRAIN REIMBURSEMENT AGREEMENT - Between the City and the Standard Pacific Corporation providing for the reimbursement of a portion of the cost of the K-5 storm drain in Alton Avenue between the D-3 Channel and Greenville Street. TRAFFIC February 14, 1972, inclusive. Received and ordered filed report of control devices removed or installed 5anuary 31 through ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Received and ordered filed the following ABC applications: EL GAUCHO, 511 North Harbor, Off Sale Beer & Wine, Person to Person Transfer. (~UIMILMAN, IRMGARD AND OSCAR R., 601 Central Avenue, Off Sale Beer & Wine, Original. CITY COUNCIL -76- February 22, 1972 CONSENT CALENDAR - (Continued) SOLICITATION APPLICATIONS Approved the following solicitation applications: AIVIERICAN CANCER SOCIETY, c/o Mrs. Francis Commings, 1526 River Lane, Santa Aha; collection envelopes to be passed from neighbor-t~)-neighbor to raise funds for research, education, and service to cancer patients; from April 1, 1972 for a period of 60 days. YOUNG~ MEN'S CHRISTIAN ASSOCIATION OF SANTA A_NA-TUSTIN, 205 W. 8th Street, Santa Ana; personal contact of "Y" parents andfiriends; to underwrite YMCA programs for boys and girls in the area; for 30 days from date of approval. CHILDREN'S ASTHMA RESEARCH INSTITUTE & HOSPITAL (C. A.R.I.H. ), 3401 W. 19th Avenue, Denver, Door- to-Door solicitation and canisters; to support the treatment and care df asthmatic children and the research program; from March 1 to March 31, 1972. JACKSON LITTLE LEAGUE, c/o Mrs. Edit~ Eckert, 3018 W. LaVerne Avenue; candy sales; to buy Little League equipment, uniforms, trophies, etc.; from March 25 to April 8, 1972. GIRL SCOUT COUNCIL OF ORANGE COUNTY, 1320 E. Chestnut; cookie sale; for camp development program; from March 3 to March 13, 1972. VARIANCES AND CONDITIONAL USE PERMITS Received and ordered filed the following applications: EX72-1, RICHARD L. & PATRICIA C. MYRON - To construct a building addition to a residence to within 8' of the rear property lines in the R 1 District at 942 N. Dayna Street; APPROVED. VA 71-69, MARINA FEDERAL SAVINGS & LOAN ASSOCIATION - To permit a temporary bank. structure, with temporary street improvements and signs in a C R zone for a period of two years and waive the requirement that 1/3 of the lot be parking; APPROVED. CITY COUNCIL -77- February 22, 1972 CONSENT CALENDAR - (Continued) PUBLIC PROPERTY USE Approved the following Application for Special License to Use Public Property: ORANGE COUNTY MODEL "T" CLUB - Exchange meet limited to antique car parts, primarily Model T Ford accessories; on Sunday, May 7, from 6:30 A.M. to 5:00 P.M. in the area just east of the Community Center Building and extending east on the parking area at the Santa Ana Bowl. DEEDS Received and ordered filed report of No-Cash Deeds accepted by the City Manager, pursuant to Resolution #69-156, from February 2 through February 15, 1972, inclusive. TENTATIVE PARCEL MAPS Approved the following maps, subject tb conditions contained in Planning Director's report, and waived the alley requirement for #733 and #734: TENTATIVE PARCEL MAP #732 - Filed by Sequoia Pacific Realco creating three (3) M 1 pareels for industrial use, located generally south of the intersection of Garnsey Street and Central Avenue. TENTATIVE PARCEL MAP #733 - Filed by E.W. Morrison creating two (2) R 2 parcels for residential purposes, located generally on the northwest corner of McFadden Avenue and Shelton Street. TENTATIVE PARCEL MAP #734 - Filed by Steak Ale & Associates creating one (1) C 1 and one (1) LP and C 1 parcels for commercial and professional use, located generally on the north side of FirstStree~, 370 feet west of Tustin Avenue. COMPLETION OF IMPROVEMENTS Authorized release of performance, monument, labor and material bonds on the following: TRACT #6856 - Joana Drive and Deodar Street. CITY COUNCIL -78- February 22, 1972 CONSENT CALENDAR - (Continued) REIMBURSEMENTS Authorized t~he following r eimbur s ements: THE SALVATION ARMY, for street improvements on the south side of Edinger Avenue, east of Salvation Way (198 lineal feet) in exchange for ultimate dedication on Edinger Avenue, CUP 66-15, in the amount of $1,329.64. PACIFIC INVESTMENTS, INC., as reimbursement from Standard Oil Company of California in the amount of $901.10 for their share of the new sewer line in Grand Avenue north of Fairhaven Avenue. ALCOHOLIC BEVERAGE LICENSE On motion of Councilman Evans, APPLICATIONS seconded by Councilman Patterson: and carried on a 5 - 1 vote, Councilman Yamamoto dissenting, the following AB C applica~:ion was received and ordered filed: MARTINEZ, ALFONSO S., lllZ N. Harbor, On Sale Beer & Wine, person to person. On motion of Councilman Yamamoto, seconded by Councilman Markel, and carried on a 5 - 1 vote, Councilman Villa dissenting, the City Attorney was instructed to file a protest with the Alcoholic Beverage Control Board on the following application: CLRCES, 601 N. Harbor, Manager Application of Norma Jean Groat (Protest - Police Department). VARIANCES AND CONDITIONAL On motion of Councilman Evans, USE PERMITS seconded by Councilman Markel, and unanimously carried, the following application was received and ordered filed: CUP 71-37, RICHARD HUNSAKER - To permit a gymnasium in the M 1 District and waive a portion of the required offstreet parking in the M 1 District at 3815 S. Main Street; APPROVED. On motion of Councilman Markel, seconded by Councilman Yamamoto, and unanimously carried, the following application was received and ordered filed: VA 71-67, ANDREW R. BOERSMA - To permit a stable which includes boarding, rental and sale of horses in the R Z and C Z Districts at 3Z15 Wo First Street; APPROVED. CITY COUNCIL -79- February Z2~ 1972 VARIANCES AND CONDITIONAL USE PERMITS (Continued) On motion of Councilman Villa, seconded by Councilman Evans, the following application was received and ordered filed: VA 71-70, CLIFFORD & J. DANLEN ROBBINS - To relocate a duplex into the C 1 zone at 1810 S. Cypress; APPROVED. Motion carried on the following roll call vote: AYES: NOES: ABSENT: Villa, Evans, Herrin, Markel Griset Yamamoto, Patterson On motion of Councilman Evans, seconded by Councilman Patterson, and unanimously carried, the following application was received and ordered filed: CUP 7Z-l, RUSSELL JAY - To construct a mobile home park containing 126 spaces in the A 1 and C Z Districts at 4801 W. First Street; APPROVED. In considering Variance Application 71-59 filed by Saddleback Inn for construction of a 3-story addition, Councilman Patterson stated he was opposed to the matter because of inadequate setbacks, inadequate access for fire fighting equipment, and inadequate parking, and moved that the matter be set for public hearing. Council- man Markel seconded the motion. The Director of Planning stated that since the Planning Commission's approwal of the variance, the applicant has submitted a revised plot plan in which he has satisfactorily corrected all of these deficiencies, and that staff now believes the plan meets the establi]shed requirements. With Councilman Markel's concurrence, Councilman Patterson withdrew his motion. On motion of Councilman Evans, seconded by Councilman Villa, and unanimously carried, the following applicatinn was received and orderezt filed: VA 71-59, SADDLEBACK INN - To construct a 7Z-unit, 3-story addition to the Saddleback Inn in the R Z and C g Districts at 1658 -1668 Palm and 1657 - 1661 E. First Street; APPROVED. On motion of Councilman Evans, seconded by Councilman Villa, and unanimously carried, Council received and ordered filed letter dated February 15, 197Z, from L.I.S.A. requesting that every effort be made to save the camphor trees at the location of the proposed expansion of Saddleback Inn. . , :~ DEEDS WITH CASH On motion of Councilman Villa, GRANTEE, CITY seconded by Councilman Evans, and unanimously carried, ~e following deeds were approved and the Mayor was authorized to sign all necessary CITY COUNCIL -80- February 2Z, 1972 DEEDS WITH CASH, GRANTEE, CITY - (Continued) documents in connection with the purchase: LINGER, east side of Durant, south side of 17th, street purposes. KORFF, east side of 3efferson, north side o~ 17th, street purposes. RECESS At 2:50 P.M., a recess was declared. The meeting reconvened at 3:00 P.M. with the same Councilmen present. READING WAIVED On motion of Councilman Evans, seconded by Councilman Yamamoto, and unanimously carried, the full reading of ordinances and resolutions, the titles of which appeared on the l~ublic agenda, was waived. ORD. NS-1107 ORDINANCE NS-1107 AMENDING SPEED LIMITS ARTICLE VII OF CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE RELATING TO PRIMA FACIE SPEED LII~ITS FOR BRISTOL STREET was adopted, on motion of Councilman Evans, seconded by Councilman Villa, and carried on the following roll call vote: AYES: Evans, Villa, Herrin. Yamamoto, Patterson, Markel NOES: None ABSENT: Griset ORD. NS-1108 ORDINANCE NS-1108 CHANGING ZONING A.A. 695, C.B. KNICKERBOCKER CLASSIFICATION ON AMENDMENT APPLICATION 695 FILED BY C. B. KNICKERBOCKER AND AMENDING SECTIONAL DISTRICT MAP 7-5-9 (EXHIBIT A.A. 695-A) was adopted, on motion of Councilman Evans, seconded by Councilman Villa, and carried on the following roll call vote: AYES: NOES: ABSENT: Evans, Villa, Herrin, Yamamoto, Patterson, Markel None Griset RES. 72-19 RESOLUTION 72-19 AUTHORIZING THE EMERGENCY EMPLOYMENT ACT HIRING OF UNEMPLOYED SANTA ANA OF 1971 RESIDENTS UNDER THE EMERGENCY EMPLOYMENT ACT OF 1971 was adopted on motion of Councilman Evans, seconded by Councilman Villa, and carried on the following roll call vote: AYES: NOES: ABSENT: Evans, Villa, Yamamoto, Patterson I-Ie r rin, Markel Griset FOURTH AND PARTON STREETS On motion of Councilman Evans, seconded by Councilman Villa and unanimously carried, the City Attorney was instructed to prepare a resolution creating a 24-minute parking zone on the south side of Fourth Street from 35 feet to 55 feet east of the southeast BC at Parton Street. CITY COUNCIL -81- February 22, 1972 REDRAWING OF WARD The City Attorney stated that BOUNDARIES there is some doubt as to the impact on the City of Santa Aha by recent State legislation requiring realignment of ward boundaries by population; that Santa Aha does not elect by district; that a Council candidate is required to run from a ward and to meet certain residential requirements, but is elected at large; that in accordance with the "one man, one vote concept" each citizen's vote should be approximately equal to the weight of all others; that bearing that test in mind, it would make very little difference in Santa Aha in the weight of the vote if the City had disproportionate ward boundaries; and that, in his opinion, Santa Aha can continue to divide its wards by registered voters as opposed to general population. Councilman Villa asked if it is possible to draw the ward boundaries one year before the next election so that no one is moved out of a ward and unable to run for office because of residency requirements. The City Attorney stated th~ere should be no problem in drawing the lines a year in advance; that there is a reasonable relationship between residency in an area and qualification to run for office and the City may impose this condition if it wishes; that if the boundaries are changed, a party who finds himself in a new district may add on the period of time in the former district to the new district so that he can qualify for office in the new district, but he may not add time in the new district to the old district; that he would have to run for office from the new district. The Assistant to the City Manager pointed out that after the general election in November 197Z, the Registrar's Office will purge the voting ~rolls of all who did not vote in that election; that also, 18-year-olds will be registering between now and December, and all of this will have a relationship to the number of registered voters in each ward. In response to a question from Councilman Patterson, the City Manager stated that the population of S~nta Aha changes a great deal in a year or a ten-year period; that the Federal ~licennial census may be used, but in a city euch as Santa Ama, a more current measurement procedure would be better; that the only other way is a special census every two years, which becomes very expensive; that the State gives an over-all figure for the entire City but does not give the accu~a~cy necessary for a small unit such as a precinct. The City Attorney stated that the Pederal dicennial census is not useful to Santa Ana, since the Charter requires realignment of ward boundaries every two years. Councilman Villa moved to instruct the staff to realign the ward boundaries before April1 11 on the basis of number of registered voters. The motion was seconded by Councilman Patterson and carried on a 5 - I vote, Councilman Markel voting NO. In response to Councilman Patterson's question concerning the residency clause, the City Attorney stated he would check out the authority and present it at the next regular Council meeting. CITY COUNCIL -8Z- February 22, 1972 AMBULANCE SERVICE Mr. 3ohn Morrill, representing Morgan Arrlbulance, 1322 N. Sycamore, stated that approximately two weeks ago two additional ambulance companies--Wind Ambulance and Mission Ambulance-- were added to the Police Department rotation list; that this makes a total of five ambulance companies on rotation; that this matter was not brought before the City Council; and that at the time Mission Ambulance was given permits to operate in Santa Aha they stated they did not want to be on rotation. The Assistant to the City Manager stated that two weeks before there were eight ambulances available for rotation ~- one for Southland, three for Schaefer, and four for Morgan; that a week ago two of Morgan's ambulances were repossessed, leaving a total of six vehicles for the entire City; that he had contacted the Fire Chief and asked if there was any objection to the addition of Wind and Mission, inasmuch as they hadbeengranted'~ertificates of Convenience and Necessity by the City Council and had paic~ a business license tax; that the two Morgan vehicles had been repossessed because payments were in arrears; and that Morgan Ambulance presented a check to the City of Santa Aha about a week ago for a business license tax for which there was not sufficient funds to cover the amount of the check as of h00 P.M. today. He further stated that during the past year the City has received 18 complaints against Morgan Ambulance, four against Schaefer, and none against Southland; that Police Department rotation calls were considered an administrative determination rather than legislative; that he is not recommending that the Morgan Ambulance certificate be revoked, only that they be taken off rotation. Councilman Herrin stated that the matter of rotation rights is the jurisdiction of the staff and is not properly before the Council. The City Attorney concurred. Coundilman Patterson stated that public conx, eni~nce and necessity and the matter of rotation must be considered together; that when the Council approves issuance of permits it should automatically include rotation rights; that a stronger ordinance is needed to cover problems arising from both ambulance and taxicab service. He requested further information on the complaints against Morgan Ambulance. The Assistant to the City Manager stated that complaints against Morgan were responding to a call that was dispatched to a different ambulance company; failure to respond after accepting a call; responding to calls without resuscitatbr and other functioning first aid equipment; failure to take patients to the hospital they requested; faulty brakes; inoperable siren; inoperable radio; ambulance crews who do not know how to operate equipment; crews unfamiliar with street addresses; crews unfamiliar with hospitals. Councilman Villa stated that even one failure to respond to a call could mean a person's life; that in his opinion Morgan Ambulance should be removed from the rotation list, but that lit is an administrative problem and should be referred to staff. Councilman Villa's motion to receive and file the letter from Morgan Ambulance Service and refer it to staff was seconded by Councilman Yamamoto and carried on a $ - 1 vote, Councilman Patterson dissenting. CITY COUNCIL -83- February gZ, 197Z AMBULANCE SERVICE - (Continued) Prior to the vote on the motion, the City Manager stated that Morgan Ambulance was not prepared legally or by equipment and trained manpower to answer the demands placed upon them for rotation calls; that the Assistant to the City Manager made the determination that the welfare of the conmmunity had to be protected; that he had available to him a group of ambulances that were licensed, insured, and available, and he, therefore, placed them on the rotation list. R EC ESS Councilmen present. At 4:25 P. Mo, a recess was declared. The meeting reconvened at 4:30 P.M. with the same PLANNED RESIDENTIAL Councilman Patterson stated that DEVELOPMENT ORDINANCE~ the Planned Residential Development ordinance was returned to the Planning Commission with the suggestion that they hold public hearings on the three changes recommended by staff; that no hearings were held and the ordinance and the Statement of Policy of Private Street Standards have been returned to the City Council unchanged, with the original recom3a%enda-tion of approval; and that it was now necessary for Council to set the matter for public hearing. Councilman Patterson's motion, seconded by Councilman Villa, to set the Planned Residential Development ordinance and the Statement of Policy of Private Street Standards for public hearing on March 20, 1972, was unanimously carried. MEMORIAL PARK Councilman Evans requested the BALLPARK LIGHTING status of the installation of lights at Memorial Park° The Director of Public Works stated the work is under way, and the lights should be ready in time for the new baseball season. COUNCIL PROCEDURE Councilman Evans stated that he believed Council meetings ~hould not extend beyond 11:30 P.M. and that any agenda items remaining for consideration after that time should be carried over to an adjourned meeting. In response to a question from Councilman Herrin~ the City Attorney stated that even though public hearings are advertised for a certain date, they may be continued to another day and time. Councilman Markel suggested that the more complex matters should be placed first on the agenda, and that perhaps the hearings could be speeded up. Councilman Yamamoto stated that if people are present for a public hearing, they might object to having to return at a later date. Councilman Villa suggested that there are too many interruptions when people are speaking; that they should be allowed an uninterrupted five minutes to present their views, but no longer than that. The Clerk of the Council stated that the Rules of Procedure place routine matters first on the evening agenda with more complex hearings for later consideration; that perhaps the number of public hearings to be considered could be limited. CITY COUNCIL -84- February 22, 1972 COUNCIL PROCEDURE - (Continue.d) Councilman Evans' motion, seconded by Councilman Villa, that the City Council not consider any new item of business after the hour of 11:$0 P. M., with discretion, and that any items remaining on the agenda be continued to a d~ate certain, was unanimously carried. REAL ESTATE SIGNS Councilman Markel stated that he has noticed an accumulation of real estate signs that measure about 3' X 3' and are posted on a 4 X 4 post on the front lawns of property owners. He suggested that perhaps this could be controlled under the sign ordinance. Councilman Patterson's motion, seconded by Councilman Villa, to refer the matter to staff, carried on a 5-1 vote, Councilman Evans dissenting. ME/vIORY LA_NE WIDENING CounciLman Markel stated he had received a letter from Mrs. Slawson, 30Z Roe Drive, inquiring as to the status of the widening of Memory Lane, stating that she wished to make some improvements to her home but did not wish to proceed if the Memory Lane project is to begin m the near future. The matter was referred to staff. FIRST STREET WIDENING Councilman Markel reported that he had received a letter from the Director of Community Relations stating that the widening of First Street was being delayed because of lack of communlcatlnn from HUD. The City Manager explained thatthe delay is being caused by the fact that substitute housing has not been found for some of the people who live there; that when the Section Z3 Leased Housing Program is in operation, it will be possible to find homes for the people° CITY OF IRVINE Councilman 1Viarkel requested LITIGATION COSTS information regarding costs incurred in connection with the City of Irvine litigation. The City Manager reported tha~ there was approximately $9,600 in legal fees to date. ALUMINUM WIRING Councilman Markel requested staff to provide a report on the number and locations of fires in the Cit~ which could be attributed to the use of aluminum wiring in the building° CITY COUNCIL -85- February RECESS At 5:05 P.M.. the meeting was recessed to 7:30 P.M., at which time it was reconvened with all Council members present. Following the Pledge of Allegiance to the Flag, the Invocation was given by Chaplain Herman Baerg~ Orange County Medical Center. AiVIENDMENT APPLICATION #696 The Mayor opened the public hearing ROA4AN CATHOLIC ARCHBISHOP on Amendment Application #696 filed OF LOS ANGELES by Roman Catholic Archbishop of Los Angeles to prezone property located on the north side of Main, (Chestnut Street) between Pasadena and Williams Streets from R 4 (County) to R 4 (City of San~a Ana)o The Director of Planning stated that staff and the Planning Commission had recornrnended denial because theproposal is not ~onsistentwith the General Plan; access to the property is inadequate; and the parcel will be bisected by a proposed ramp connecting the Newport and Santa Ana Freeways; that although construction of the ramp is not scheduled until after 1978, the remaining economic life of an apartment project in this location would require a high public expenditure for acquisition of the land. There were ~-proponents or opponents in the matter, and the Clerk reported no vJritte~communications had been received. The Mayor closed the public hearing° After discussion, Councilman Patterson's motion, seconded by Councilman Herrin, to deny Amendment Application #696, carried on the following roll call vote: AYES: NOES: ABSENT: Patterson~ Herrin, Evans, Griset, Villa None Yamamoto, Markel WARNER AVENUE-SOUTH The Mayor opened the public hearing COMMUNITY PLAN STUDY on the Warner Avenue-South Community Plan Study interim report dated January 28~ 1972, from the Planning Commission° The Director of Planning reviewed the work program currently in progress in connection ~with the area consisting of approximately 2,000 acres bounded by Warner Avenue, Sunflower Avenue, Bristol Street, and Fairview Street. A large map of the area was projected on the screen, and overlay maps showing proposed Alternates A, B~ and C were also presented. The Planning Director reviewed the original proposed zoning under the General Plan and explained each alternate proposal in detail, stressing that there were many more combinations that could be considered; that Alternate A would limit the development to 1Z, 640 dwelling units for approximately 45,600 people; that Alternate B would provide 15,652 dwelling units for approximately 53, Z00 people; and that Alternate C would provide 16~ 536 dwelling units for approximately 53,000 people; that these three plans have been presented to the Planning Commission, but no action has been taken. The Director of Planning also presented a graph projecting capital improvement costs for each proposal. He further stated that in an analysis made by staff approximately eight months ago, the actual existing development CITY COUNCIL -86- February 2Z, 1972 WARNER AVENUE-SOUTH COMMUNITY PLAN STUDY - (Continued) and the development committed through variance applications and conditional use permits would have reached a dwelling unit count of 9, 031 for the area, which would be 100 below what the General Plan had indicated for total dwelling unit count at complete build-out; and that there would be 600 acres of land left in the area; that the purpose of the studies has been to examine the impact of various combinations of development on the area. Mr. William Heying, 3721 S. Ross, President of Sandpointe Homeowners' Association, stated that the people in the Warner-South area are opposed to any more multiple family dwellings be~l~use of inadequate schools, parks, and municipal services. Mrs. Diane 3ungkman, 601 W. Columbine, stated she would be speaking in connection with agenda items 71 and 72; that at the present time the schools in the Warner-South area are on double session, with one kindergarten on triple session; that the people passed a bond issue thinking this would provide more schools; that school administrators have informed the people there would be no new school sites for at least five years; that the bond issue would be used to repair and rebuild s-chools damaged in the recent earthquake; that when there is already a school problem, it should not be compounded by allowing high density development. Mr. Milton Agnew, 402 W. Alpine, 2nd Vice President of the Sandpointe Homeowners' Association, stated that he believes parks are a very important part of any development; that the people who bought homes in the area were assured there would be parks, but none have been developed; that according to the national standard 100 acres of parks in the area would be needed to support 53,000 people. Mr. DonOberson, 3406 S. Garnsey, stated that he apartment vacancy factor in 1970 in Santa Aha was 7.9; that in April of 1971 the vacancy factor rose to 9.2; that if the apartments are vacant, they will not be properly maintained. He stated that in view of the vacancy factor, as well as the problems previously discussed, the people were requesting a moratorium on multiple family dwelling units in the area. Mr. Tony Filicicchia, 413 Alpine Avenue, ztated that the demand on municipal services will be tremendous; that the promises of schools and parks have not been kept; that unless these services keep pace with the development of the land, Santa Aha could become a slum area; that Santa Aha is one of the oldest cornrnunities in O~ange County and should be a leader; that he feels communications with the Planning Commission, School District and School Board are necessary. Mr. William Heying spoke again, stating there is no major land available to Santa Anafor further growth; that if the General Plan had been followed, it would have resulted in an excellent suburban single family pattern; that through the allowance of high density developments there are already more dwelling units being built in the area than there would have been upon completion of build:out. He requested an immediate 90-day moratorium on variances allowing multiple-family dwellings to give the Council time to study and consider the matter thoroughly. CITY COUNCIL -87- February 22, 1972 WARNER AVENUE - SOUTH COMMUNITY PLAN STUDY - ~Continued) Mrs. Sylvia Zaitz, 621 W. Murphy, stated she represented the Taft PTA; that they are aware a study is being made, and they would like to stop the granting of variances for multi-family dwellings; that they are re questing the Council to work with the School Board in planning the development of the area; and that they urge the adoption of a lower density plan. Mr. V.A. Paleno, 1501 W. San Lorenzo, representing the Republic Homeowr~rs' Association, stated that the plans proposed increase the density with inadequate facilities to support this growth, and requested that the homeowners be provided an opportunity to review any plan prior to approval by Council. Mro Charles Davis, 3134 S. Rita Way, representing the Segerstrom-Republic Homeowners' Association, stated that he has two small children, and in order to reach the nearest park they must cross major arterials; that when they purchased their home they were assured there would be parks near it, but now they are told there are no funds available to build parks° Mr. Kenneth Beisner, 1510 Carriage Drive, and Mr. Robert Westrnyer, 922 W. Bell, also requested that Council delay any action in this matter until further studies can be made of the school situation. Mr. Van Stevens, Pacific Investments, 1840 E. 17th Street, stated he was representing Monterey Park Land Development Company; that they own land at the southeast corner of Raitt Street and Segerstrom Avenue; that in the area east of Bristol there is a 10-acre park; that some of the land was acquired by admission to the City of Santa Ana well after the adoption of the General Plan; that his company is not objecting to a 90-day construction moratorium, nor to the people of the community participating in a decision, nor to schools doing what is necessary:to aecure adequate education for the area; that they are objecting to a year's continuation on the decisionst.hat the property owners in this area have already had; that they have filed a subdivision map which has started a series of legal requirements that will necessitate a decision on the part of the local government. He further stated that he had asked the Planning Del~artment where they obtained the figures of people per unit and was told it came from the 1965 General Plan; that there was a 1970 census which was available to the staff in the preparation of the alternatives presented. Councilman Herrin's motion, seconded by Councilman Patterson, to extend Mr. Van Stevens' speaking time beyond the five-minute limit, was unanimously carried. Mr. Van Stevens stated that the acreage for parks in Plans A, B, and C is the same; that the cost chart was based on an internal projection of anticipated gross costs but that it was presented as a net cost to the cornrnunity; that it does not have built into it subventions for streets, sewers, and various alternative revenues; that no area in Santa Aha other than downtown proper will produce the property tax and retail sales tax revenue of this area; that the Council and the neighborhood are dealing with a set of faulty data; that Pacific Investments will accept the personal word of the City Manager of this City, if in future discussions of this subject he will attest that he has reviewed the data, that it is internally consistent, and that the neighborhood CITY COUNCIL -88- February 22, 1972 WARNER AVENUE-SOUTH COMMUNITY PLAN STUDY - (Continued) developers and the Council can have a fair discussion and can reach a fair conclusion. RECESS At 9'.'25 P.M. a recess was declared. The meeting reconvened at 9:35 P.M. with all Council members present. WARNER A Vt~NUE -SOUTH COMMUNITY PLAN STUDY - (Continued) The following persons also spoke in favor of delaying further high-density development until the matter can be studied thoroughly: Mr. Manuel Toscha, 530 W. AlOha Mr. Pat Beyer, 3726 S. Parton Mr. Gerald Ahmanson, 505 W. Alpine There were no further proponents or opponents in the matter. The Clerk reported no written communications had been received, and. the Mayor closed the public hearing. ' Councilman Patterson stated that a great deal of the information presented was heard by the Council for the first time; that they were not ready to make a collective decision; that the purpose of havi~ng a hearing was to inform the Council how the homeowners feel about the development of the area; that Councilman Villa and Councilman Patterson are members of a subcommittee, along with Mr. Schilling and Mr. Paskerian of the School Board, which constitutes a liaison committee to work on the problem; that the committee will continue to meet and if any organizations wish to select someone to represent them at the committee meetings, their names and addresses should be submitted and they will be notified of meetings. He further stated that the committee has considered a moratorium, and that perhaps this could be put into effect for variances and conditional use permits; that if the entire area is developed as R 1 it could present a bigger problem as far as schools are concerned than if it is developed as apartments and commercial; that the amount of park land in the City has doubled in the past t~en years; that the real crisis is with schools; that the committee has not reached a definitive answer--it needs more work; and he pointed out that there are more children in single-family dwellings than in apartments. Councilman Herrin stated he believes there is a need for a great deal more input before concrete determinations can be made. Councilman Evans stated he would be in favor of a short moratorium on variance applications and conditional use permits, depending on how long it would take; that a decision should be made as soon as possible. CITY COUNCIL -89- February 22, 1972 WARNER AVENUE-SOUTH COMMUNITY PLAN STUDY - (Continued) Councilman Yamamoto stated that there are other areas in Santa Ana with the same problems facing them that the Warner-South area is confronted with now; that it is recognized that the City needs parks and schools; and that there are other City needs for which there are no funds available. Councilman Villa stated that in the Study Committee it was determined that if apartments are built in this area, the type of apartments will determine the need for schools and parks; that there will be fewer children in small apartments than in large, and ~single-~at;nlly homes; that there are'thr:ee a~eas being considered for elementary schools, two for Junior High Schools, plus an expansion of Saddleback High School; that the City will grow, and the only room for expansion is to the South. Mayor Griset stated that he would like more support for some of the information that was proposed in Alternates A, B, and C; that complete R I zoning in the area would bring more problems, but that there is a limit to the multiple residence development that can be brought in; that he was not prepared to make a decision yet. Councilman Patterson stated that any plan below Alternate A would be impossible to achieve with the normal build-out that could take place; that more apartment and commercial development will be healthy for the environment and will enable the City to acquire more park land; that Alternates B and C are too high in terms of density. Councilman Patterson's motion, seconded by Councilman Markel, to declare a moratorium on all Variance Applications, Conditional Use Permits, and zone changes in the South-Warner area for a period of 90 days, carried on the following roll call vote: AYES: NOES: ABSENT: Patterson, Markel, Evans, Griset, Yamamoto Villa, Herrin None Councilman Patterson moved to authorize the Council/School Committee and the staff to review and accelerate the studies of the Warner Avenue-South Comm/~nity Plan Study during the 90-day moratorium, and to meet with land, owners and representatives of Homeowners' Associations in an attempt to arrive at a mutually satisfactory plan for the southwest area, reporting back to Council on May 15, 1972. The motion was seconded by Councilman Villa and carried on the following roll call vote: AYES: NOES: ABSENT: Patterson, Villa, Evans, Herrin, Griset, Yamamoto, Markel None None CITY COUNCIL -90- February 22, 1972 RECESS At 10:25 P.M., a recesswas declared. The meeting reconvened at 10:35 P. M. with all Councilmen present. AMENDMENT TO GENERAL Councilman Herrin stated that agenda PLAN LAND USE ELEMENT items 72 and 73 are closely related to item 71, and suggested that it would be appropriate to postpone action on these two items until the Warner Avenue South Community Plan Study is submitted. The Mayor opened the public hearing on the amendment to the General Plan Land Use Element to establish a new dwelling unit density range to be known as the "Medium-High Density Residential" and apply the "Medium-High Density Residential" range to designated residential areas in the "Warner Avenue-South Community Plan Study" area. There were no proponents or opponents in the matter, and the Clerk .reported no written communications had been received. The Mayor closed the public hearing, Councilman Herrin's motion, seconded by Councilman Evans, to continue the decision on the matter until the Warner Avenue-South Community Plan Study is considered, on May 15, 1972, carried on the following roll call vote: AYES: Herrin, Evans, Villa, Griset, Yamamoto, Patterson, Markel NOES: None ABSENT: None AMENDMENT TO GENERAL The Mayor opened the public hearing PLAN LAND USE AND ARTERIAL on the amendment to General Plan STREETS Land Use and Arterial Streets to establish minimum rights of way widths of 100 feet for all arterial streets in the area known as the "Warner Avenue-Soutlm Community Plan Study" area, including Greenville and Alton Streets, located generally between Fairview and South Main Streets and Warner and Sunflower Avenues. There were no proponents or opponents in the matter, and the Clerk reported no written communications had been received. The Mayor closed the public hearing. Councilman Herrin's motion, seconded by Councilman Evans, to continue the decision on the matter until the Warner Avenue-South Community Plan Study is considered on May 15, 1972, carried on the following roll call vote: AYES: Herrin, Evans, NOES: None ABSENT: None Villa, Griset, Yamamoto, Patterson, Markel AMENDMENT TO ZONING The Mayor opened the public hearing ORDINANCE on an amendment to the zoning ordinance to delete rest homes and convalescent homes as conditionally permitted uses in the R 1 and R 2 Districts, and add rest homes and convalescent homes as conditionally permitted uses in the R 3 District. CITY COUNCIL -91- February 22, 1972 AMENDMENT TO ZONING ORDINANCE - (Continued) There we~;e no proponents or opponents in the matter, and the Clerk reported no written communications had been received. The Mayor closed the public hearing. Councilman Markel's motion, seconded by Councilman Evans, to adopt the amend- ment to the zoning ordinance, carried on the following roll call vote: AYES: Markel, NOES: None ABSENT: None Evans, Villa, Herrin, Griset, Yamamoto, Patterson At the request of Steven H. Silver, Attorney for the Police and Firemen's Associations, agenda item #80 was considered next. SPECIAL ELECTION Mr. Steven H. Silver, Attorney, stated that the request to place the issue of the new retirement program on ballot was premature, and that both the Police and Firemen's Associations are requesting that the matter be postponed indefinitely. Councilman Patterson's motion, seconded by Councilman Villa, to postpone indefinitely the matter of placing a measure on the ballot to determine if the Police and Fire retirement program should be changed to 2% at age 50 (California Highway Patrol Plan), was unanimously carried. APPEAL #293 CUP 71-40 HAZEL L. COTNER in the R 1 District at 2036 S. Birch Street. The Mayor opened the public hearing on Appeal #293 filed by Hazel L. Cotner appealing the Planning Commission's denial of CUP 71-40 to allow a rest home The Director of Planning summarized the staff and Planning Commission reasons for denial of this Conditional Use Permit. There were no proponents in the matter. A number of persons in the audience indicated by show of hands that they were opposed to the granting of this appeal. The Clerk reported no written communications had been received, and the Mayor closed the public hearing. On motion of Councilman Herrin, seconded by Councilman Evans, Council upheld the decision of the Planning Commission and instructed the City Attorney to prepare a Resolution denying Conditional Use Permit 71-40. Motion carried on the following roll call vote: AYES: Herrin, NOES: None ABSENT: None Evans, Villa, Griset, Yamamoto, Patterson, Markel APPEAL #Z92 At the request of applicant's attorney, VA 71-60 Appeal #292 filed by Ben Warner's BEN 'WARNER'S GARAGE Garage, Inc., appealing the Planning Commission's denial of VA 71-60 to allow auxiliary parking and storage of impounded and wrecked vehicles in the C 3 District at 320 Vf. Fifth Street was continued to the March 6 meeting, on motion of Councilman Serrin, seconded by Councilman Patterson, and carried on a 6-1 vote, Councilman Evans dissenting. CITY COUNCIL -92- February ZZ, 1972 RES. 72-20 RESOLUTION 72-20 AMENDING SECTION SALARY SCHEDULE 3 OF RESOLUTION NO. 58-281 INCREASING THE SALARY SCHEDULE BY ONE STEP ',(GRANTING AN ADDITIONAL Z½%) FOR CERTAIN CLASSIFICATIONS OF EMPLOYMENT was adopted on motion of Councilman Patterson, seconded by Councilman Evans, and carried on a 6-1 vote, Councilman Serrin dissenting. RES~ 72-22 RETROACTIVE SALARY ADJUSTMENTS on motion of Councilman Patterson, RESOLUTION 72-22 REGARDING GENERAL RETROACTIVE SALARY ADJUSTMENTS FROM NOVEMBER 16 TO SEPTEMBER 1, 1971 was adopted seconded by Councilman Evans, and carried on a 6-1 vote, Councilman Herrin dissenting. RES~ 72-21 RESOLUTION 72-21 AMENDING CLASS TITLE OF CLERK SECTION 3 OF RESOLUTION NO. 58-281 TO ADD CLASS TITLE OF CLERK was adopted on motion of Councilman Patterson, seconded by Councilman Herrin, and unanimously carried. RES. 72-23 RESOLUTION 72-23 EXTENDING AND MANPOINER PLANNING CONTINUING THE FEDERAL SYSTEM GRANT COOPERATIVE AREA MANPOWER PLANNING SYSTEM GRANT AS PROPOSED BY THE PRESIDENT OF THE UNITED STATE~ AND AUTHORIZING THE MAYOR TO ACT AS THE ADMINISTRATOR OF THE PROGRAM, 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 RES. 72-24 RESOLUTION 72-24 AMENDING CLASS TITLE OF DEPUTY RESOLUTION 71-86 PERTAINING TO CITY ATTORNEY II CLASS TITLE OF DEPUTY CITY ATTORNEY II was adopted on motion of Councilman Patterson, seconded by Councilman Yamamoto, and unanimously carried~ SUPERVISORS AND MAYORS Councilman Villa reported that SAMCO COMMITTEE will be sending out a questionnaire requesting Council opinions as to whether it should become a mini-Council of Governments, subregional, or continue as it is0 If it becomes a sub-regional intergovernmental Council, it will be on a voluntary per capita fee basis; if organized by the Legislature~ the sub-regional government will have the powers of taxation and condemnation. CITY COUNCIL -93- February22~ 1972 HELICOPTER PROGRAM Councilman Villa stated that Supervisor Phillips bas recommended a cooperative helicopter program for the County and area cities; that Newport Beach and Costa lViesa have such a program which has been very successful in reducing crime; and that Mayor Wilson of Costa Mesa has invited all Councilmen to a ride in the helicopter to study the program. Councilman Villa's motion, seconded by Councilman Yamamoto, to refer the Helicopter Program to staff for study and report, carried on a 6-1 vote, Councilman 1Viarkel voting NO. GASOLINE TAX Councilman Villa stated that Supervisor Clark ~ks suggested that the special gasoline tax received by cities in the County be used for a green belt and bike trails in accordance with Assembly Bill 325. Councilman Pa~ erson's motion, seconded by Councilman Villa, to refer the matter to staff for report at the next Council meeting, was unanimously carried. WILLOWICK GOLF COURSE the appraisal from Goode & Goode. Councilman Markel requested the status of Willowick Golf Course. The Mayor stated the City has not ~ret received AD$OURNM ENT The Mayor declared the meeting adjourned at 11:15 P.M. Florence I. Malone Clerk of the Council CITY COUNCIL -94- February 22, 1972