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HomeMy WebLinkAbout05-01-1972MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA May 1, 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: Wade Herrin, J. Ogden Markel, Jerry M. Patterson, Ray Villa, Harry K. Yamamoto, and Mayor Lorin Griset. Councilman Vernon S. Evans arrived at 2:10 P.M. Also present were City Manager Cart f. Thornton, City Attorney James A. Withers, Director of Planning Herbert Wieland, Director of Public Works Ronald Wolford, and Clerk of the Council Florence I. Malone. MINUTES The Minutes of the Regular Meeting of April 17, 1972, and the Special Meeting of April 12, 1972 were approved as sub- mitted, on motion of Councilman Yamamoto, seconded by Councilman Herrin, and unanimously carried. Councilman Evans arrived at 2:i0 P.M. EXECUTIVE SESSION At 2:10 P.M. the meeting was adjourned to an Executive Session to consider appointees to the Greenbelt committee; matters that pertain to the appointment of a City Manager; and appointment of members to the Housing Authority and its officers. The meeting reconvened at 3:40 P.M. GREENBELT IMPLEMENTATION On motion of Councilman Herrin, seconded PLAN by Councilman Yamamoto, and unanimously carried, the following citizens were appointed to the City and Unincorporated Areas Committee of the Greenbelt Program; Mr. Hugh Dunn, 521 S. Lyon, Santa Ana Mr. Everett E. Parks, 2401N. Baker, SantaAna Mr. William A. Allen, 1016 Fairbrook Lane, Santa Aha Mr. IVlichkel Maedzoff, 211 Marigold, Corona del Mar Mr. Dan Gallivan, 2215 N. Flower, Santa Aha On motion of Councilman Evans, seconded by Councilman Yamamoto, and unanimously carried, Vice Mayor Wade Herrin was appointed as the Council representative to the Organization Committee. The Mayor announced that Mr. Charles Zimmerman of the Planning Department will represent the City on the Program Planning Committee. CITY COUNCIL -173- Mayl, 1972 RECRUITMENT OF On motion of Councilman Yamamoto, CITY MANAGER seconded by Councilman Patterson, and carried on a 5-2 vote, Councilmen Evans and Herrin dissenting, Council authorized A.m. Little Company as the consultant to implement the application process and screening processes for the final determination and selection of the City Manager by the City Council, for a fee of $5, 900. The motion further authorized the Mayor to execute the proposal agreement, dated April 21, 1972, on behalf of the City. CONSENT CALENDAR The following Agenda items were removed from the Consent Calen~tar: Items 5-A, 7-D, 7-F, 7-H, and 7~J at the request of Councilman Yamamoto; Item 1-A at the request of Councilman Herrim; and Items 9-A and 15-B at the request of Councilman M~arkelo On motion of Councilman Villa, seconded by Councilman Patterson, 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. 723-233 - Approximately 2,250 Tons of Emulsion Aggregate Slurry Seal; opening date May 26, 1972, Z:00 P.M, SPEC. 725-104 - Comprehensive General and Automotive Liability Insurance and Umbrella Liability Coverage; opening date May 23, 1972, Z:00 P. M0 PROJECT 4020A - Construct U-4 Storm Drain in McFadden Avenue from SPRR to Grand Avenue; opening date May 24, 1972~ 2:45 P.M. PROJECT 6055 - Construct Restroom and Storage Building in Flower Street l~rk, and PROJECT 6056 - Install Court Lighting in Flower Street Park; opening date June 9, 1972, Z:00 P. M0 PROJECT 6058 - Construct Sprinkler System in Dyer Road Median Island between Flower Street and Main Street; opening date l~ay 26, 1972, 2:15 P.M. , BID AWARDS Awarded contracts as follows: SPEC. 723-111 - Asbestos Cement Pipe; annual requirement July 1~ 1972 to June 30~ 1973; awarded contract to Allied Pipe & Supply, Tustln, on all items 4" through 16" as the lowest and beet bid; and rejected all bids on 18" size as no need is anticipated. SPEC. 723-117 - Cast Iron Pipe; annual requirement July 1, 1972 to June 30, 1973; awarded contract to United States Pipe & Foundry~ Glendale, on the basis of unit price low bidder; and rejected all other bids° CITY COUNCIL -174- May 1, 1972 CONSENT CALENDAR - (Continued) SPEC. 723-118 - Cast Iron Fittings (Ringtite); annual requirement July 1, 1972 to June 30, 1973; awarded contract to Park-Son, Inc., Santa Fe Springs on basis of lowest and best bidder; and rejected all other bids. SPEC. 723-119 - Cast Iron Fittings (Tyton); annual requirement July 1, 197Z to June 30, 1973; awarded contract to Pacific States Cast Iron Pipe, Los Angeles, as the only bidder complying with specifications; and rejected all other bids. TRAFFIC inclusive. Received and ordered filed report of control devices removed or installed April 10 through April 24, 1972, ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Received and ordered filed the following Alcoholic Beverage License Application: DAVIS, MARY M. AND ARNOLD F., 1710 N. Santiago, Off Sale General, Person to Person Transfer. SOLICITATION APPLICATIONS Approved the following solicitation applications: SERVICES FOR THE BLIND, INC., to place canisters in stores to raise funds for operating expenses for the Development Center for Blind pre-school children; for 60 days from date of approval. HOPE PLACE SURE FOUNDATION, telephone soliciting for funds to maintain a home for troubled youth on drugs, a help line operated on a Z4-hour basis for rehabilitation of youth in trouble; for 60 days from date of approval. VETERANS OF FOREIGN WARS POST #1680, annual poppy sale; May 12 and 13, 1972. AMERICAN FREEDOM FROM HUNGER FOUNDATION, thirty- mile fund raising walk to fund various pre-selected projects; from May 13 to June 30, 1972. VARIANCES AND CONDITIONAL USE PERMITS Received and ordered filed the following applications: EX 72-5, LANSDALE AND CARR - To waive a portion of the required 5' wide planter in a proposed cornrnercial parking lot in the C 1 District at 2071S. Main Street; APPROVED. CITY COUNCIL -175- May 1, 1972 CONSENT CALENDAR - (Continued) VA72-19, VERNON E. LOHR II - Construct a double-faced projecting sign in addition to the existing wall sign on the east elevation in the C Z District at 1230 No Main Street; DENIED. VA 72-24, RUBY McFARLAND - To permit outdoor storage of used tire casings in the C 2 District at 4414 Wo 17th Street; DENIED. VA 72-26, KARL C. GRESOWSKI - To establish a school in the P District at Z024 N. Broadway; APPROVED° VA 72-28, THOMAS WOLFE - To construct a 96 sq. ft. office addition to an existing non-conforming apartment house in the R 3 District at 1353 E. Fruit Street; APPROVED. CUP 72-9, LARWIN MULTIHOUSING CORP - To establish a day nursery in the R 4 District at 1001-13 W. Stevens Avenue; APPROVED. PUBLIC PROPERTY USE Property: Affirmed the administrative action to approve the following Application for Special License to Use Public SOUTH MAIN IMPROVEMENT ASSOCIATION, Cinco de Mayo decorations across Main Street at~ 1438 S. Main; from April 28 to May 8, 19720 DEEDS WITH CASH GRANTEE, CITY with the purchase: Approved the following deed and authorized the Mayor to sign all necessary documents in connection ROHRS, north side of First, West of Townsend Street, Street Purposes. DEEDS, NO CASH GRANTEE, CITY Resolution #69-156, Received and ordered filed a report of No-Cash Deeds accepted by the City Manager, pursuant to from April 1Z through April 25, 1972, inclusive. DEEDS, NO CASH GRANTOR, CITY Approved the following deed and authorized its execution by the Mayor and Clerk: SOUTHERN CALIFORNIA EDISON COMPANY, south of Fifth Street, east of Ross, Edison Company easement. TENTATIVE PARCEL MAP Approved the following map, subject to conditions contained in Planning Director's report, and waived the alley requirement on the following map: MAP #743 - Filed by Irvine Industrial Complex creating two (2) LM parcels for industrial use, located generally on the southeast corner of Dyer Road and Pullman Street° CITY COUNCIL -176- May 1, 1972 CONSENT CALENDAR - (Continued) FINAL TRACT MAPS agreement on the following: Approve~! the final maps, accepted the dedications thereon, and the bonds, and authorized execution of the subdivision MAP #7434 - South of Segerstrom Avenue and West of Raitt Street, forty-nine (49) lots. MAP #7647 - South of Segerstrom Avenue and West of Raitt Street, forty-seven (47) lots. SURPLUS PROPERTY Declared surplus, of nuisance value to other than adjacent owner because 'of size and shape, and authorized the negotiated sale of the following property: SPR #72-16 regarding 24. 3185~ sq. ft0 of surplus property, located south of Edinger, SPRR to Grand Avenue. BUDGET TRANSFER Authorized transfer of funds as follows: APPROPRIATION ADJUSTMENT NO. 63 to transfer $145,125 from Account No. 11-000-911 to various funds as shown in the report dated April 26, 1972. * * * * * * * * * * * * * * * CONSENT CALENDER FINIS * * * * * * * * * * * * * * * BID CALL On motion of Councilman Patterson, seconded by Councilman Yamamoio, and carried on a 4-3 vote, Councilmen Evans, Herrin, and Markel dissenting, Council approved plans and specifications and authorized advertisement for bids on the following: SPEC. 72-003 - Nine (9) Forty-five Passenger Diesel Transit Type Buses; opening date June 15, 197Z, 2:00 P.M. Prior to voting, Councilman Markel stated that these buses will supplement the five 30-passenger buses the City now owns; that presently, fares are collected from approximately 725 people each day; and that the buses probably would not operate more than 1/Z hour per day. BID AWARD the following contract was awarded: On motion of Councilman Evans, seconde by Councilman Yamamoto, and carried o2 a 6-1 vote, Councilman Markel dissenting SPEC. 72-001 - 59, 370 Square Feet of Santa Aha Hybrid Bermuda Sod; awarded contract to Cai-Turf, Camarillo, as lowest bidder meeting specifications; and rejected all other bids. CITY COUNCIL -177- May 1, 1972 BID AWARD - (Continued) Prior to voting, Councilman Markel stated that the park at 2nd and Flower, for which this sod would be used, had not been in operation previously; and that he was opposed to awarding the contract to the high bidder, and spending $2,000 extra, in order to have the park in use during the summer° Mayor Griset stated that he believed the use of this park during the summer months would be in the best interests of the City. ALCOHOLIC BEVERAGE , On motion of Councilman Herrin, seconded LICENSE APPLICATION by Councilman Patterson, and carried on a 6-1 vote, Councilman Yamamoto dissenting, the following Alcoholic Beverage License Application was approved: RUDOLPH, JOYCE ELAINE, AND FREEMAN, HUGH LENDON, 1212 S. Bristol, Unit 16, On Sale Beer, Original (Supplemental). Councilman Yamamoto's motion, seconded by Councilman Herrin, to consider Item #40 next, carried unanimously. RES. 72-48 Councilman Patterson's motion to adopt HOUSING AUTHORITY Resolution 72-48 was seconded by COMMISSIONERS AND CHAIRMAN Councilman Villa. The City Attorney suggested that the first Chairman of the Housing Authority should be named prior to adoption of the resolution. Councilman Villa's amendment to the motion inserting the name of Jerry M. Patterson as the first Chairman of the Housing Authority of the City of Santa Aha, was seconded by Councilman Yamamoto, and carried on the following roll call vote: AYES: Villa, Yamamoto, Evans, Herrin, Griset, Patterson NOES: Markel ABSENT: None RESOLUTION 72-48, A RESOLUTION OF THE CITY COUNCIL OF SANTA ANA RESCINDING RESOLUTION 71-64 AND NAMING THE FIRST COMMISSIONERS OF THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA, AND ALSO NAMING THE FIRST CHAIRMAN 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, 1V[arkel None The City Attorney stated that all members of the Council had taken their oath of office to serve on the ~ousing Authority with the exception of Councilmen Herrin and Markel, and suggested that it would be in order 'for the two remaining members to take the oath if they so desired. Councilman Herrin was sworn as a Housing Authority member by the Clerk of the Council. Councilman Markel declined to serve. CITY COUNCIL -178- May 1, 197Z RECESS On motion of Councilman Patterson, seconded by Councilman Villa, and unanimously carried, Council was recessed at 4:05 P. Mo in order to conduct business of the Housing Authority. The meeting reconvened at 4:55 P.M. with all Councilmen present. VA 72-25 .Variance Application 72-25, filed by Rudy RUDY VALDIVIA Valdivia, to relocate a triplex into the R 2 District at 201-Z05 North Harper, approved by the Planning Commission, was received and filed on motion of Councilman Herrin, seconded by Councilman Evans, and carried on a 6-1 vote, Councilman Patterson dissenting. Councilman Yamamoto requested and Council agreed that all future Variances approving relocations of structures be conditioned by the imposition of a time limit not to exceed four months to allow for completion of the relocation and its proposed use to the satisfaction of the Building Department. The City Manager stated that the Administration would accept the responsibility of effecting the c~ompletion of the proposed relocation in a timely manner and would take action to accomplish the completion of a previously authorized relocation at the corner of McFadden and Euclid which has been on blocks for two or three months. VA 72-Z7 Variance Application 72-27, filed by VIRGINIA CALLENS Virginia Callens, to establish and maintain one double-faced 10' x 24' subdivision directional sign containing 240 square feet, in the R 1 District at 3400 South B~istol, approved by the Planning Commission, was received and filed on motion of Councilman Evans, seconded by Councilman Villa, and carried on a 5-2 vote, Councilmen Yamamoto and Patterson dissenting° A prior motion by Councilman Yamamoto, seconded by Councilman Patterson to set the Variance Application for public hearing before the City Council at the next regular meeting failed on the following roll call vote: AYES: Yamamoto, Patterson NOES: Villa, Evans, Herrin, Griset, Markel ABSENT: None CUP 72-8 CAROL W. BARMAN AND VIOLA lV~. KOKER C 1 District at 5401 W. First Street, Conditional Use Permit 72-8 filed by Carol W. Barman and Viola M. Koker, to serve liquor in a bona fide restaurant within 300' of residential property in the approved by the Planning Commission, was received and filed on Councilman Patterson's motion, seconded by Councilman Herrin, and carried on a 6-1 vote, Councilman Yamamoto dissenting. CUP 72-10 Conditional Use Permit 72-10, filed CARLOS F. VALES by Carlos F. Vales, to serve liquor in a bona fide restaurant within 300' of residential property in the CR District at 3200 S. Main Street, approved by the Planning Commission, was received and filed on motion of Councilman Herrin, seconded by Councilman Villa and carried on a 6-1 vote, Councilman Yamamoto dis s enting. CITY COUNCIL -179- May 1, 1972 SPRo 72-17 On motion of Councilman Herrin, seconded 1813 W0 FIRST STREET by Councilman Patterson, the following property was declared surplus, of nuisance value to other than adjacent owner because of size and shape, and a negotiated sale was authorized: SPR #72-17 regarding 3,866 square feet, located at 1823 Wo First Street. The motion carried on the following roll call vote: AYES: NOES: ABSENT: Herrin, Patterson, Villa, Evans, Griset, Markel None Yamamoto DEED WITH CASH On motion of Councilman Herrin, seconded GRANTOR, CITY by Councilman Evans, Council approved the following deed and authorized the Mayor to sign all necessary documents in connection with the sale: VELASQUEZ, north side of First, property (SPR 72-17). east of Daisy, The motion carried on the following roll call vote: sale of surplus AYES: NOES: ABSENT: Herrin, Evans, Villa, Griset, Yamamoto, Patterson Markel None AGENDA ORDER Agenda Items 89 and 90, scheduled NEIGHBORHOOD CENTER for consideration during the evening PERSONNEL meeting were taken out of order at this time with the pri)viso that no action would be taken on either item until the evening meeting, on the unanimously carried motion of Councilman Villa, seconded by Councilman YamamotOo Items 89 and 90 were Resolutions 72-51 and 72-52, adding the classification titles of Coordinator and Assistant Coordinator for Neighborhood Centers and establishing classification specifications for those positions. There were several people in the Council Chamber who desired to be heard on the specifications criteria. The following persons expressed their opinion that the educational requirements (90 and 45 college level units, respectively) were too high; that community involvement group participation, and volunteer work were more important considerations for the positions; and that the community had not participated in arriving at the classification specifications: Elizabeth Ingrain, 1916 S. Orange Gloria Lopez, 212 W. Civic Center Drive Larry Rios, 2411 S. Halladay Lydia Brancolino, 109 N. Ross Street CITY COUNCIL -180- - May 1, 1972 AGENDA ORDER EDISON COMPANY TRANSMISSION LINE On motion of Councilman Herrin, seconded by Councilman Yamamoto and unanimously carried, Agenda item 45 was considered by the Council. The Mayor recognized Mr. Thomas Lacy of the Southern California Edison Company, who stated that the construction of a 220 kv double circuit transmission line between his Company's Santiago and Ellis Substations would serve the added growth coming into Santa Ana; that the impact on the community will be minimal because the line run will parallel the railroad tracks; that 35 steel poles will be constructed in the City, 100 feet high, 600 feet apart. It was moved by Councilman Villa, seconded by Councilman Herrin, and unanimously_. carried, to receive and file the written notification, dated March 28, 197Z~ from the Public Utilities Commission of its intention to approve_Application'No. 529F3 filed by Edison Company for the construction of the transmission line. READING WAIVED On motion of Councilman Patterson, seconded by Councilman Villa, and unanimously carried, the full reading of ordinances and resolutions, the titles of which appeared on the public Agenda, was waived. ORD. NS-1102 A.A. 689 MARVIN M. & RUSSELL F~ ROHRS ORDINANCE NS-1102, ORDINANCE OF THE CITY COUNCIL OF SANTA ANA CHANGING ZONING CLASSIFICATION ON AMENDMENT APPLICATION 689, FILED BY MARVIN M. AND RUSSELL Fo ROHRS AND AMENDING SECTIONAL DISTRICT MAP 5-5-9 (EXHIBIT A. Ao 689-A) was adopted on motion of Councilman Herrin, seconded by Councilman Villa, and carried on the following roll call vote: AYES: NOES: ABSENT: Herrin, Villa, Evans, Griset, Yamamoto, Patterson, Markel None None ORDo NS-il17 ORDINANCE NS-1117 ADDING SECTION SPEED LIMITS 36-372 TO ARTICLE VII OF CHAPTER SUNFLOWER AVENUE 36 OF THE SANTA ANA MUNICIPAL CODE RELATING TO PRIMA FACIE SPEED LIMITS FOR SUNFLOWER AVENUE was adopted on motion of Councilman Herrin, seconded by Councilman Patterson, and carried on the following roll call vote: AYES: NOES: ABSENT: Herrin, Patterson, Villa, Evans, Griset, None None Yamamoto, Markel ORD. NS-1119 ORDINANCE NS-1119 REPEALING AND AUTHORITY TO RE-ENACTING SECTION 16-7 OF ISSUE CITATIONS ARTICLE I, CHAPTER 16 OF THE SANT~ ANA MUNICII~AL CODE RELATING TO THE AUTHORITY OF PUBLIC OFFICERS -OR EMPLOYEES TO ISSUE CITATIONS was passed to second reading on motion of Councilman Herrin, seconded by Council- man Patterson~ and unanimously carried. CITY COUNCIL -181- Mayl, 1972 RES. 72-34 RESOLUTION 72-34 GRANTING APPEAL APPEAL #295 #295 AND APPROVING VARIANCE CHARLES B. LINGER APPLICATION 72-15 FILED BY CHARLES B. LINGER was adopted on motion of Councilman Herrin, seconded by Councilman Patterson, an~i car~ied on a 6-1 vote, Councilman Markel dissenting. RES. 72-44 On motion of Councilman Pattersoiif~seconded APPEAL #301 by Councilman Villa and unanimously carried, WESTERN UNION REALTY CO. RESOLUTION 72-44 GRANTING THE APPEAL FILED BY WESTERN UNION REALTY COMPANY CONTESTING THE PLANNING COMMISSION APPROVAL OF VARIANCE APPLICATION 72-18 FILED BY PRUDENTIAL OVERALL SUPPLY, was continued to the next regular meeting May 15, 1972, and Staff was instructed to notify the applicant for Variance 72-18 and the appellant that the matter of the decision on Appeal #301 would be reconsidered during the afternoon session of the Council. Prio~ to the foregoing motion, Councilman Evans had moved to reconsider the action taken at the Council meeting of April 17, which instructed the Attorney to prepare Resolution 72-44 granting Appeal No. 301 and denying Variance 72-18. The motion was seconded by Councilman Yamamoto and carried with Councilmen Patterson and Markel dissenting. RES. 72-45 RESOLUTION 72-45 UPHOLDING THE APPEAL #300 DECISION OF THE PLANNING SHANNON 3. ELLER COMMISSION AND DENYING APPEAL #300 ON VARIANCE ;~°PLICATIONT2-9 FILED BY SHANNON J. ELLER was adopted on motion of Councilman Evans, seconded by Councilman Patterson, and carried on & 5-2 vote, Councilmen Herrin and Markel dissenting. RES. 72-46 RESOLUTION 72-46 UPHOLDING THE APPEAL #299 DECISION OF THE PLANNING ARTHUR KENNETH BRIMLOW COMMISSION AND DENYING APPEAL #299 ON CONDITIONAL USE PERMIT 72-7 FILED BY ARTHUR KENNETH BRIMLOW was adopted on motion of Council- man Villa, seconded by Councilman Evans, and carried on a 6-1 vote, Councilman Markel dissenting. RES. 72-47 RESOLUTION 72-47 UPHOLDING THE CUP 72-3 DECISION OF THE PLANNING STANDARD OIL COMPANY COMMISSION AND APPROVING CONDITION- AL USE PERMIT 72-3 FILED BY STANDARD OIL COMPANY OF CALIFORNIA was adopted on motion of Councilman Herrin, seconded by Councilman Evans, and carried on a 5-2 vote, Councilmen Yamamoto and Patterson dissenting. RES. 72-49 RESOLUTION NO. 72-49, RESOLUTION CONDEMNATION OF OF THE CITY COUNCIL OF SANTA ANA REAL PROPERTY AUTHORIZING CONDEMNATION OF REAL PROPERTY FOR SURFACE DRAINAGE EASEMENTS--SANTA FE LAND IA4PROVEMENT CO. was adopted on motion of Councilman Herrin, seconded by Councilman Patterson, and unanimously carried. CITY COUNCIL -182- Mayl, 1972 SUMMARY OF COUNCIL A report of pending action items referred REFERRALS to staff by Council was received and filed on the unanimously carried motion of Councilman Patterson, seconded by Councilman Evans. PROPOSITION NO. 2 Council receive(/ a letter dated April 7, 1972, PRIA4ARY ELECTION from Governor R~nald Reagan urging support of Proposition No, 2 on the June Primary ballot and instructed the City Attorney to prepare a Resolution of Endorsement and Support, on motion of Councilman Patterson, seconded by Councilman Yarnamoto and carried, CounciLman Markel dissenting. AGENDA ORDER Herrin, seconded by Councilman Evans. Agenda items 57, 59, 60 and 61 were continued to the evening meeting on the unanimously carried motion of Councilman RECESS At 6:05 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 the Reverend Neal Jenson of the First United Methodist Church. APPEAL #303 VA 72-23 PACIFIC INVESTMENTS ~Fhe Mayor read aletter received from Mr. VanSteven,~ of Pacific Investments as follows: "Honorable City Council City Hall City of Santa Aha "Subject: Variance Application 72-23 "Gentlemen: "Please allow the appeal on Variance Application 72-23 to be withdrawn. It will not be refiledo Thank you for your cooperation in this matter. Very truly yours, PACIFIC INVESTMENTS /s/ Van Stevens" Councilman Evans~ motion, seconded by Councilman Herrin, to receive and file the communication was unanimously carried. Councilman Villa's motion, seconded by Councilman Evans, to remove Item #70 from the agenda, was unanimously carried. CITY COUNCIL -183- Mayl, 1972 APPEAL ~303 VA 72-23 PACIFIC INVESTMENTS - (Continued) On motion of Councilman Patterson, seconded by Councilman Evans, and unanimously carried, Council received and ordered filed the recommendation of the Planning Commission denying Variance Application 7Z-Z3 filed by Pacific Investments to construct a planned residential development of individually owned units, between the R 1 and R Z densities, in the A 1 District at 1601 E. Santa Cl&ra ~,venue. VA 7Z-Z0 CORP. OF PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS District at 901 S. Sullivan Street. The Mayor opened the public hearing on Variance Application 72-20 filed by Corp. of Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints to construct a 76-unit apartment complex in the R 1 The Planning Director stated that this is a combination two and three story apartment development; that the density is 25 units per acre, whereas the general plan proposes medium density not to exceed 15 units per acre for the area; that the staff recommendatic for denial was based on the fact that it was not in compliance with the general plan and that the 3-story apartments are too close to an R 1 area. The Clerk reported no written communications had been received. The following persons spoke in favor of the development: Mr. Bob Windolf, 366 E. First Street, Tustin Mr. Jess F. Perez, 3920 E. Palmyra, Orange They stated that there is a great deal of open space next to the R 1 residential area; that the three story units are ground floor units with studios on the 2nd and 3rd floors; that all windows on these units are away from the 1% 1 units; that the floor areas exceed the City minimums; that carports are completely sheltered and there are twice the number the City requires; that the plan was altered slightly to allow fire- fighting equipment to have access around the buildings; and that the access road would be left in planted areas. There were no further proponents or opponents, and the Mayor closed the public hearing. Mayor Griset stated that he believed the density factor is too heavy for that area. Councilman Yamamoto concurred. Councilman Patterson concurred on the density factor, and also stated he was opposed to the three-story buildings, and believed the requirement of 150' from an R 1 area should be adhered to. Councilman Villa stated that the project meets the open space requirements and all Code requirements. Councilman Herrin challenged the economic feasibility of maintaining this area as R 1. At the request of Councilman Markel, Mr. Martin Cohen, Attorney, 1212 N. Broadway, was recognized. He stated that due to basic land costs, it would appear to be impossible to use this property as R 1; that the three-story buildings could b? moved to provide the 150 foot buffer between R 1 property. CITY COUNCIL -184- Mayl, 1972 VA 7Z-Z0 CORP. OF PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER=DAY SAINTS - (Continued) Responding to Councilman Patterson's question, the Planning Director stated that if the plan were redesigned to allow the 150 feet, the site plan would be destroyed; that almost every development in the City has required waiver of the distance if there were R 1 uses contiguous to the proposed development. Councilman Patterson stated he would be in favor of the development if it were cut to two stories and the density were lowered. Councilman Villa's motion, seconded by Councilman Evans, to uphold the decision of the Planning Commission and instruct the City Attorney to prepare a resolution approving Variance Application ',72-20 subject to conditions of approval contained in the Commission report, carried on the following roll call vote: AYES: NOES: ABSENT: Villa, Evans, Herrin, Markel Griset, Yamamoto~ Patterson None VA 7Z-Z1 The Mayor opened the public hearing on ZACHARY To PEDICINI Variance Application 72-21 filed by Zachary To Pedicini to allow a pole sign in excess of 250 square feet in the C 4 District at 1208 Eo McFadden Avenue. The Director of Planning stated that the development was started with the principal tenant~ Starer Brothers Market; that at the same time, Petrolane entered into an agreement with A/ir. Pedicini to develop a row of satellite stores on the same site; that this area was- split off and because it was less than four acres, a parcel map and variance application were filed; that the site plan provided for a future restaurant; that the variance, which was approved~ allowed only one pole sign; that a year later a variance application was filed and approved for a service station on the corner; that the service station applied for a 17' pole sign and was denied by the Planning Commission; that the developers of the restaurant, Pelley'sChow Bell, have now requested to add 100 square feet to the existing pole sign, which would be in excess of limits allowed by the Code° Mr. LarryKirschenbaum, 1800 No Broadway, Attorney representing the owner of the restaurant, stated that due to the construction of the restaurant, which has a mansard roof, a sign cannot be placed on the side of the building because it would be considered a roof sign; that people just driving by fail to see the restaurant, and even people who are looking for the shops or restaurant are unable to find them; that Starer Brothers will not move their sign since the only place would be around the corner, away from their store; that the only way to overcome the problem would be for the City Council to allow the restaurant to have a variance from the 250' maximum. Mr° Mario Pelligrini, 2449 Athens Way, Costa Mesa, owner of Pelley's Chow Bell, stated that they have no identification from the street; that even when people have the address of the restaurant~ it is difficult to locate; that there is some lettering on the corner of the building but the service station blocks it out; that from the other direction, condominiums block it out; that they are asking for a simple directory sign to be added to the present pole sign. CITY COUNCIL -185- May 1, 1972 VA 7Z-21 ZACHARY T. PEDICINI - (Continued) There were no further proponents or opponents, and the Mayor closed the public hearing. Councilman Yamamoto stated that when the sign ordinance was passed, he assumed something could be done about the pollution of City streets with signs; that people who make their living on signs are not allowed to erect them, but businesses are permitted to put them up. 1V[ayor Griset stated that the sign ordinance is very valuable and a necessary guide; that in certain situations it is necessary to grant variances, particularly where they have a rather unique situation in which visual opportunity is blocked; that the requested sign is not gaudy, but is very practical. Councilman Patterson stated that he would like to adhere to the sign ordinance, but the shape of this property is such that they can't have a sign unless they can put it in the location they are requesting; that it is not a major pollution matter. Councilman Evans stated that is is dependent upon Council to take into consideration the fact that the people who own the shops did not have the opportunity to enter into negotiations of the sign; that it will give the opportunity to some of the businessmen to operate and make a living. Councilman I-terrin's motion, seconded by Councilman Villa, to uphold the decision of the Planning Commission and instruct the City Attorney to prepare a Resolution approving Variance Application 7Z-Z1 subject to conditions of approval contained in the Commission report, carried on the following roll call vote: AYES: NOES: ABSENT: Herrin, Villa, Evans, Griset, Patterson, Markel Yamamoto None RECESS At 8:30 P.M. a recess was declared. The meeting reconvened at 8:35 P.M. with all Councilmen present. APPEAL #302 The Mayor opened the public hearing on VA 72-22 Appeal #30Z filed by Ferman Alarcon FERMAN ALARCON appealing Planning Commission's denial of Variance Application 7Z-ZZ to expand a legal non-conforming wrecking yard into the R 2 District at 340Z West Seventh Street. The Director of Planning stated that the only item in contention on this variance is the driveway; that it is fenced off by a chain link fence on both sides; that it is not part of the operation; that the wrecking yard is a legal non-conforming use of this proper~y; that at the time a variance was approved on April 17, 1'967, a 5-year time period was placed on the use of the property and the time limit has now expired; that staff recommended denial because Seventh Street is only 27' wide and is residential; that there are a lot of children playing in the area; that trucks tow wrecked cars down the street; that according to photos, the driveway is presently being used for storage of wrecked vehicles in violation of the variance; and that the Planning Commission recommended denial. CITY COUNCIL -186- May 1, 1972 APPEAL #302 VA 72-22 FERMAN ALARCON - (Continued) Mr. John L. Webb, 1413 E0 18th Street, owner of the wrecking yard, stated that the driveway in question has been used for approximately 20 years; that about five years ago a residence was built just west of the yard; the Planning Commission did not include the driveway when the wrecking yard was approved; that he had a five-year lease on the property when Council approved the variance; that since that time he has renewed the lease for five years with a five-year option; that occasionally cars are parked in the driveway in order to avoid parking them in front of the area or on Fifth Street over night; that the driveway is essential to the conduct of his business; that there is only one other access to his business, on Seventh Street, and if that is used, trucks would have to back onto the street. In response to the Mayor's question, Mr. V;ebb stated that with the variance limited to one year from date of Council's approval, he could not go to the expense of building a 20' concrete driveway from Fifth Street to Seventh Street as the Planning Commission recommended. Mr. _Werman Alarcon, 3402 West Seventh Street, owner of the property, stated that there are not a lot of children playing on Seventh Street, and that large garbage trucks come into the street every day; that three years ago he was required to construct a retaining wall; that now he is being asked to erect a new fence; and that he cannot afford this additional expense. There were no further proponents or opponents and the Mayor closed the public hea ring. Councilman I-Ierrin stated that he has viewed this operation and that Mr. Webb is conducting it in a proper manner; that auto wrecking operations are essential; that he does not believe this is an expansion of the business; that Mr. Webb has made a very valiant attempt to adhere to the requirements of wrecking yard operations; and that he would favor the appeal. In response to the Mayor's question, the Planning Director stated that the conditions of approval limit the extension of the use to one year, and that Condition E, requiring a 20' paved driveway, is a requirement of the Fire Department under the Uniform Fire Code, which cannot be waived, Councilman Markel stated he had inspected the property and that Mr. Webb is doing a good business; but that it is a typical wrecking yard; and that he would be opposed to extending the operation for five years° Councilman Yamamoto stated that since the business has been at this location for a number of years, and if Mr0 Webb is willing to comply with the restrictions, he coul~'~ see no reason to deny the variance, but would be opposed to extending it for more thai one year. Councilman Patterson stated that he is opposed to granting the appeal; that the staff recommended denial~ as well as the Planning Commission; that staff has reported that 40% of the wrecking yards in Orange County are in the City of Santa Aha; that this is expanding a non-conforming use; and that he could not condone it. CITY COUNCIL -187- May 1, 1972 APPEAL #302 VA 72-22 FERMAN ALARCON - (Continued) Councilman Herrin's motion, seconded by Councilman Villa, to grant the appeal and instruct the City Attorney to prepare a resolution approving Variance Application 72-22 subject to all conditions of approval contained in the Commission report, carried on the following roll call vote: AYES: NOES: ABSENT: Herrin, Villa, Evans, Griset Yamamoto, Patterson, Markel None PROPOSED UNDERGROUND The Mayor opened the public hearing on UTILITY DISTRICT NO. 3 the proposed Underground Utility District No. 3 to ascertain the necessity of converting the existing overhead utility system to an undergroun'd system along North Main Street from the Santa Aha Freeway to the north City limits. The Director of Public Works stated that the section of Main Street being considered is the last remaining portion of the entire street from the south city limits to the north city limits that has not yet been ufidergrounded; that it is proposed to utilize funds which the Edison Company must set aside under Public Utilities Commission regulations; that the estimated cost to Edison and Pacific Telephone Co. is $175,000; that the balance of the cost will be borne by property owners affected; that all property owners were furnished with a notice of the public hearing, along with the estimated amount each would be required to pay for conversion; that construction Avould b~ coordinated with the planned street widening to begin approximately July 1, 1973; that no written protests had been received; that the Chamber of Commerce supports the project. The Clerk reported no written communications had been received. Mr. Michael Maedzoff, 211 Marigold, Corona del Mar, stated that he owns approximateli 150' on north Main Street which he has dedicated to the City in hope that this matter will be approved; that it would be helpful in attracting other businesses to the City. Mr. Walter Westphaling, 234 N. Shattuck, Orange, representing Bekins Van & Storage Company, stated that Bekins has already made the necessary dedication for widening the street, and they would like to see construction proceed. Mr. Martin Scott, 4615 Gorham Drive, Corona del Mar, stated that he is a member of the Air and Transportation Committee of the Chamber of Commerce; that most of the necessary dedications have been obtained; that he has obtained expressions of approval from Financial Properties, Coldwell Banker & Co. , Oceanside Plaza, and Draper & Kramer of California. Letters from these organizations were presented to the Council. On motion of Councilman Herrin, seconded by Councilman Villa, and unanimously carried, the documents were received and ordered filed. Mr. Edward J. Fuss, 2650 N. Main Street, stated he owns property in the area, and that he is opposed to undergrounding utilities in the area because of financial difficulties Mr. Don Lind, 2643 N. Main Street, spoke in opposition to the proposal. CITY COUNCIL -188- May 1, 1972 PROPOSED UNDERGROUND UTILITY DISTRICT NO. 3 - (Continued) There were no further proponents or opponents, and the Mayor closed the public hearing. Councilman Patterson stated that he is very favorably impressed with the underground projects already completed; that this is the logical place to start the next one; that he is in favor of the resolution. RESOLUTION 72-54 ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 3 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~ Herrin, Griset, Yamamoto, Markel None None CONDEMNATION OF In considering the letter dated April REAL PROPERTY 26, 1972 from Leonard R. Pamplin, Paramount Barber Shop, requesting waiver of required parking at 333 W. Seventeenth Street, the Mayor ~tated that the City Attorney had informed him that such a waiver could not be granted with- out application for variance, and he suggested that Mr. Pamplin discuss the matter with the Planning Department. Mr. Pamplin stated that if it is necessary to apply for a variance, would the Council w~ive the $100 fee, since the only reason for rebuilding is the widening of 17th Street. On advice of the City Attorney, the Mayor explained that, theoretically, this might be possible, but as a practical matter it would not be consistent with other, recent actions. RES. 72-50 RESOLUTION 72-50 AMENDING POLICE CADET SECTION 3 OF RESOLUTION NO. 58-281 TO ADD CLASS TITLE OF POLICE CADET was adopted, and the class specification was approved, on motion of Councilman Markel, seconded by Councilman Yamamoto, and unanimously carried. RES. 72-51 COORDINATOR - NEIGHBORHOOD CENT ER college level units° In consideration of the class specification for Coordinator - Neighborhood Center, Councilman Villa stated that he objected to the requirement for completion of 90 Ms. Elizabeth Ingram, 1916 South Orange, stated that she was the organizer of the Orange County Welfare Rights, State Executive Committee, State Welfare Rights; that people with a high level of education cannot relate to the poorer people; and requested that Council consider reducing the criteria. CITY COUNCIL -189- May 1, 1972 RES. 7Z-51 COORDINATOR - NEIGHBORHOOD CENTER - (Continued) Father John Coffield, 541 E. Central, stated that the managerial position should have a salary that will attract capable people; and suggested that there may be some way of evaluating a person who is receiving a like salary rather than basing qualifications on the number of college units completed; that competent people should not be lost because of a technicality. After discussion, the consensus of the Council was that there must be some measure by which people would be hired, but that completion of 60 college units would be adequate. The City Manager stated that the utilization of well-meaning, highly motivated, people for this type of service throughout the United States has been a dismal failure; that the original intent of the Neighborhood Centers was to supply persons with expertise, trained in techniques, philosophies, procedures, social action, evaluation of problems, etc.; that you cannot obtain this training at Junior College level; that staff has recommended salaries that will attract the trained, experienced people; that the beginning rate for the Coordinator is $1, 500 more than the School District pays a beginning teacher with a 5th year credential; and that he recornnuended adherence to a high level of recruitment standards. Councilman Villa stated that by setting the 60-unit requirement, it will not exclude the person with 90 or 1Z0 units; that the Community Action Council failed because totally unqualified people were hired, and CAC failed to give them guidance and training necessary. RESOLUTION 72-51 AMENDING SECTION 3 OF RESOLUTION NO, 58-281 TO ADD CLASS TITLE OF COORDINATOR - NEIGHBORHOOD CENTER, amended to require at least 60 college level units, was adopted on motion of Councilman Patterson, seconded by Councilman Evans, and carried on the following roll call vote: AYES: NOES: ABSENT: Patterson, Evans, Villa, Griset, Yarnamoto Herrin, Markel None Councilman Patterson's motion to adopt RESOLUTION 7Z-5Z AMENDING SECTION 3 OF RESOLUTION NO. 58-281 TO ADD CLASS TITLE OF ASSISTANT COORDINATOR - NEIGHBORHOOD CENTER was seconded by Councilman Yamamoto. At the request of Councilman Villa, Councilman Patterson moved to amend the 45 college unit requirement to 30 units. Councilman Villa seconded the~amendrnent which failed to carry on the following roll call vote: AYES: NOES: ABSENT: Patterson, Villa, Yamamoto Evans, Herrin, Griset, Markel None Motion to adopt Resolution 72-52 carried on the following roll call vote: AYES: NOES: ABSENT: Patterson, Yamamoto, Evans, Griset Villa, Herrin, Markel None CITY COUNCIL -190- May 1, 1972 SB 325 FUNDS Council considered letter dated April 4, 1972 from Orange County Supervisor Ralph Bo Clark urging participation in a coordinated environmental enhancement program. Councilman Patterson stated that the City is not being asked to commit all of the funds that would be received from the State Sales Tax or Gasoline Tax, but to allocate a portion of the money for the environmental enhancement of the community; that he believed the program should be supported even though no money is allocated; that funds should be set aside for this purpose in the future; and that the chances of obtaining State or Federal funds would be greatly increased if the City is ~cooperating with the program. Mayor Griset stated that it was his understanding that all of the money available from this source is already committed; that the City should cooperate in every way possible without committing funds; that if surplus funds are received that could be used for this project, he would heartily endorse it. Councilmen ¥illa, Yamamoto, and Markel also spoke in favor of the program. Councilman Patterson's motion, seconded by Councilman Markel, to authorize the League delegate to support, in principle, the environmental enhancement program proposed by Supervisor Clark was carried on the following roll call vote: AYES: NOES: ABSENT: Patterson, Markel, Villa, Griset, Yamamoto Evans, Her rin None POPULATION ESTIMATE On motion of Councilman Patterson, seconded by Councilman Herrin, and unanimously carried, Council received and ordered filed letter dated April 20, 1972 from the State Department of Finance estimating the population of the City of Santa Aha on February 1, 1972 at 170, 000. CAL~VET FARM AND On motion of Councilman Herrin, HOME LOAN MEASURE seconded by Councilman Evans, and unanimously carried, Council instructed the City Attorney to prepare a Resolution of Endorsement of the Cai-Vet farm and home loan measure on the June primary ballot, as requested in letter dated April 19, 1972 from Citizens for Cal-Vet Proposition 1. PROPOSED LEASE AGREEMENT The City Manager s~ted that the proposed DELHI COMMUNITY CENTER agreement involves a very small piece of property immediately adjacent to property Occupied by the Delhi Community Center Association; that they are developing the property for their purposes; that the property covered by the agreement is a residual piece created when Halladay Street was constructed; that the Association cannot pay for the property; that staff is asking for permission to negotiate a fair and equitable price for a continuing short term lease with the Association. Councilman Yamamoto's motion, seconded by Councilman Herrin, to authorize staff to prepare an agreement with the Delhi Community Center Association for lease of a small area of city-owned surplus property on the southwest corner of Central and Halladay, carried on the following roll call vote: AYES: NOES: ABSENT: Yamamoto, Herrin, Villa, Evans, Griset, Patterson, Markel None None CITY COUNCIL -191- Mayl, 1972 RESOLUTION72-53 CONDEMNATION OF REAL PROPERTY On motion of Councilman Patterson, seconded by Councilman Villa, and unanimously carried, the full reading of Resolution 72-53 was waived. RESOLUTION NO. 72-53 RESOLUTION OF THE CITY COUNCIL OF SANTA ANA AUTHORIZING CONt)EMNATION OF REAL PROPERTY FOR IIvIPROVEMENTS OF FIRST STREET WEST OF LYON STREET TO THE SANTA ANA FREEWAY was adopted on motion of Councilman Patterson, seconded by Councilman villa, and unanimously carried. LAFC REPRESENTATIVES Councilman Patterson stated that the Orange County League of Cities will be meeting to select two City representatives to the Local Agency Formation Corrurnission that the vacancies were created when Mayor Coco of Tustin, and Councilman Northrup of San Clemente, were not re-elected; that the names submitted must be Councilmen from cities in Orange County; and he requested the Council's voting instructions° Councilman Yamamoto's motion, seconded by Councilman Villa, to authorize Councilman Patterson to represent the City of Santa Aha in electing two LAFC representatives as he deems best, was unanimously carried. RIDE-ALONG PROGRAIVI tVlr~, Earl Schmidt~ 1117 S~ Arapaho, SANTA ANA POLICE DEPARTIVIENT requested Council!s thoughts on a Ride-Along Program with the Santa Aha Police Department. The City Manager stated that there are many problems, including legal ones; that such programs have been instituted in other cities .with very minimal success; that everyone is looking for good public relations programs for the Police Department; but the decision in the past has been that there are more negative factors than positive. ADJOURNMENT The Mayor declared the meeting adjourned at 10:30 P.M. Florence I. Malone Clerk of the Council CITY COUNCIL -192- Mayl, 1972