HomeMy WebLinkAbout05-15-1972MINUTES .OF THE REGULAR MEETING
OF THE CITY 'COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA
May 15, 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 Ko
Yamamoto, and Mayor Lorin Griseto Councilman Vernon So Evans arrived at
2:40 P.M. Also present were City Manager Carl J. 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.
MINU T ES
by Councilman Herrin, and unanimously
The Minutes of the Regular Meeting of
May 1, 1972 were approved as submitted,
on motion of Councilman Villa~ seconded
carried.
EXECUTIVE SESSION
belt Program. The meeting reconvened
At 2:10 P° M., the meeting was adjourned
to an Executive Session to consider
personnel matters relating to the Green-
at Z:40 P.M. with all Councilmen present°
The Mayor announced that two additional appointments to the City and Unincorporated
Areas Committee of the Greenbelt Program were considered; that one appointment
would be Mr. Novel fames, but the other had not been confirmed and would be
announced at'a later time.
Councilman Evans arrived at 2:40 P. Mo
On motion of Councilman Herrin, seconded by Councilman Patterson, and carried
on a 6-1 vote, Councilman Markel voting NO, Mr. Novel James, Z144 Aloha, was
appointed to serve on the City and Unincorporated Areas Committee.
CONSENT CALENDAR The following agenda items were removed
from the Consent Calendar: Item 7-G
requested by Councilman Evans; Items
3-B and 6-C requested by Councilman Herrin; Item 5-C requested by Councilman
Yamamoto; and Items l-A, l-C, 7-C, 13, and 14-C requested by Councilman !~tarkel.
Item 5-B was also removed at the request of the applicant.
On motion of Councilman Herrin, seconded by Councilman Evans, and unanimously
carried, Council affirmed the recommended action on the following Consent Calendar
items:
BID CALLS Approved plans and specifications and
CITY COUNCIL MINUTES
-193- May 15, 1972
CONSENT CALENDAR - (Continued)
authorized advertisement for bids on
the following.'
PROJECT 6060 - Construct picnic pads in Westwood and
Santiago Parks; opening date June 20, 1972 at 2:00 P.M.
PROJECT 3023 - Construct sanitary sewer in Flower
Street from Civic Center Drive to Seventeenth Street and
in Seventeenth Street from Flower Street to Durant Street;
opening date June Z0, 1972 at 2:30 P.M.
SPEC, 723-231 - Asphalt concrete for fiscal year 1972-73;
opening date June 1Z, 1972 at Z:00 P.M.
SPEC. 723-232 - 58,000 gallons liquid asphalt sealer -
annual requirement; opening date June 12, 1972 at 2:00 P. IVi.
SPEC. 723-234 - Z, 400 cubic yards Portland cement concrete -
annual requirement; opening date June 12, 1972 at Z:00 PolVi.
BID AWARDS
Awarded contracts as follows:
SPEC, 723-120A and 723-120B - Gate Valves, Tapping Gate Valves,
annual requirement; awarded contract to Hanson Water Works,
Anaheim, for 4", 6", and 8" l{ingtite Tapping Valves and all Gate
Valves except 3" Tyton and 3" Ringtite Flange, on basis of low
bid per unit price; awarded contract to IV[arden Susco, for 10" and
12" Tyton Tapping Valves and 10" and 12" Ringtite Tapping Valves
on basis of low bidder meeting specifications; and rejected all
other bids.
SPEC. 723-121 - Butterfly Valves, annual requirement; awarded
contract to Marden Susco, on basis of only bidder to comply with
specifications on all sizes; and rejected all other bids~
SPEC° 723-122 - Tapping Sleeves, annual requirement; awarded
contracts to the following vendors on basis of lowbid per unit
price:
Hanson Water Works:
For A C pipe, Sizes 6" x 4", 6" x 6", 8" x 4", 8" x 6".
For C I pipe, Size 12" x 12".
Parkson, Inc._'
Fo~'C,pipe, Sizes 4" x 4% 8" x 8'~.
For C 1%pipe, Sizes 4" x 4" through 12" x 8".
Marden Susco:
For A C pipe, Sizes t2" x 4", 12" x 6", 12" x 8"~ 12" x 12".
and rejected all other bids.
SPEC. 723-135A and 723-135B - Fire Hydrants (Standard), Fire
Hydrants (Commercial), annual requirement; awarded contract
to Hanson Water Works, Anaheim, on basis of low bidder; and
rejected all other bids~
CITY COUNCIL MINUTES -194- May 15, 1972
CONSENT CALENDAR - (Continued)
SPEC. 723-136 - Cold Water Meters (Positive), annual requirement;
awarded contracts to the following vendors on basis of low bid per
unit price:
Crane Company 5/8" x 3/4"
Hersey Products 3/4" x 1"
Gamon-Calmut 1"
Badger Meter 1½" & 2"
and rejected all other bids.
SPEC. 723-137 - Cold Water Meters (Fire Service), annual require-
ment; awarded contract to Hersey Products, Dedham, Massachusetts,
on basis of only bidder.
SPEC. 723-138 - Cold Water Meters (Compound), annual requirement;
awarded contract to Badger Meter Company, Milwaukee, Wisconsin,
on 3" size, and to lqersey Products, Dedham, Massachusetts, on 4"
and 6" size, on basis of low bid per unit price; and rejected all other
bids.
PROJECT 2023 - Construct west side of Standard Avenue south of
Chestnut Street, west side of Harbor Boulevard south of Kent Street,
south side of First Street east of Sull'£var~ Street, north side of
Seventeenth Street west of King S~reet, south side of Seventeenth Street
west of Harper Street, east side of Fairview Street south of First
Street, south side of First Street west of Tustin Avenue, and west side
of _.~'~air~/iew Street north of Edinger Avenue; awarded contract to Sully-
Miller Company, Orange, on basis of low bid; and rejected all other
bids.
PROJECT 4021 and 6044 - Construct street improvements on Fruit
and Mabury Streets adjacent to Mabury Park, and storm drain in
Fruit Street from the F-11 Channel to Mabury Street; awarded contract
to Lomar Corporation, on basis of low bid; and rejected all other bids.
PROJECT 6054 - Construct asphaltic concrete paving in Centennial
Park maintenance area; awarded contract to MosesC~alluzzo, on
Alternate A, basis of low bid; and rejected all othe~ bids.
AGREEMENTS
Approved the following agreements and
authorized their execution by the Mayor
and Clerk:
STREET EASEMENT - Agreement between the City and Southern
Pac'ific Transportation Company to widen and improve the 17th
Street crossing, west of Santa Al'la Freeway.
CITY COUNCIL MINUTES
-195- May 15, 197Z
CONSENT CALENDAR - (Continued)
TRAFFIC SIGNAL AGREEMENTS ~ With the City of Garden
Grove for the modification and maintenance of the traffic
signal system at Westminster and Harbor; and the installation
and maintenance of internally illuminated street name signs at
Westminster and Euclid.
LEASE AGREEMENT - With Delhi Organization for a small area
of city-owned surplus property on the southwest corner of Central
and Halladay.
TRAFFIC
1972, inclusive.
Received and ordered filed report
of control devices removed or
installed April 24 through May 9,
ALCOHOLIC BEVERAGE
LICENSE APPLICATION
Instructed the City Attorney to
prepare a letter of protest on the
£ollowing application:
McCULLOUGH, PHYLLIS G. AND JERRY L., 402 W. 4th
Street, On Sale Beer, Original; (Protests by Police and Fire
Departments ).
SOLICITATION APPLICATIONS
Approved the following solicitation
applications:
AMERICAN ASSOCIATION FOR THE PHYSICALLY
HANDICAPPED, INC., neighbor-to-neighbor, to provide
opportunities for young adult and adult physically handicapped
to become useful and productive citizens of the community;
for 60 days from date of approval.
AMERICAN LEGION AUXILIARY, poppy sale, for welfare
and rehabilitation of the U.S. Veteran and his family, May
26 and 27, 1972.
VARIANCES AND
CONDITIONAL USE PERMITS
Received and ordered filed the
following applications:
VA 72-30, DOCTORS' ASSOCIATED OF SANTA ANA -
TO waive the requirement that 1/3 of the total lot area
be paved in the C Z District at 1901 No College Avenue;
APPROVED.
VA 72-31, FRANK CHEVRIER - To enclose an existing
patio to 6'6" from the rear property line in the R 1
District at 3506 S. Birch Street; APPROVED.
VA 72-34, REASON BUICK CORPo - To expand existing
auto repair and maintenance shop in the R 3 District at
1312 E. Fruit Street; APPROVED.
VA 7Z-35, HELEN WIGHT & ELEANOR M. R. GRAND -
To operate a dry cleaning establishment in the R 1 District
at 609 E. 17th Street; APPROVED~
CITY COUNCIL MINUTES
-196 -
May 15, 1972
CONSENT CALENDAR - (Continued)
VA 72-36, EARL DEVELOPMENT COMPANY - To locate
directional signs for proposed Mabury Orchards Development
in the C 5, R 4, and LP Districts at 1st, 4th, and 17th Streets
between the Santa Aha Freeway and Tustin Avenue, and at
Tustin Avenue and Sherry Blvd~ between 1st and 17th Streets;
APPROVED.
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 26, 1972 through May 9, 1972, inclusive.
DEEDS, NO CASH
GRANTOR, CITY
Approved the following deeds and
authorized their execution by the
Mayor and Clerk:
MPG RANCH, west side of Ritchey, north of Maywood,
street conveyance of property in land exchange with
City to make minor corrections in original dedication.
MPG RANCH, Newport Circle, west of Ritchey, street
conveyance of property in land exchange with City to
make minor corrections in original dedication.
TENTATIVE TRACT MAP
May 9, 1972:
Approved the following map, subject
to conditions contained in the
Planning Director's report dated
MAP #7481 - Filed by Arnold Mueller, et al, creating fourteen
(14) R 1 lots to be used for single family homes, located generally
on the east side of Old Grand Street, 170 feet south of Joana
Drive.
BUDGET TRANSFERS
Authorized transfer of funds as
follows:
APPROPRIATION ADJUSTMENT #67, to transfer $3, 000
from account 11-322-111 to account 11-3Z9-381, to cover
Fire Department expenses for the remainder of this fiscal
year.
APPROPRIATION AD3USTMENT #72, to transfer $1, 000
from account 24-214-621 to account Z4-Z12-291, Library,
to cover payment to McNaughton Book Service for the month
of March, 1972.
* * * * * * * * * * * * CONSENT CALENDAR FINIS * * * * * * * * * * * *
CITY COUNCIL MINUTES -197- May 15, 1972
BID CALLS In response to a question from Councilman
Markel, the City Manager stated that
Projects 6059 and 6061 are the result of
making E1 Salvador Park available to the school system° Councilman Markel stated
that he is opposed to this expense; and that it would not be required except for the
swap of properties between the City and School District°
On motion of Councilman Evans~ seconded by Councilman Patterson~ and carried
on a 6-1 vote, Councilman Markel dissenting, plans and specifications were approved
and advertisement for bids was authorized on the following:
PRO3ECT 6059 - Construct parking lot in E1 Salvador Park north
of Civic Center Drive %Vest; opening date June 9, 1972 at Z:15 PoMo
On motion of Councilman Patterson, seconded by Councilman Villa, and carried
on a 6-1 vote, Councilman Markel dissenting, plans and specifications were
approved and advertisement for bids was authorized on the following:
PROJECT 6061 - Relocate ball field lighting system in E1 Salvador
Park; opening dmte June 20, 1972 at 2:00
LEASE OF PARKING STALLS On motion of Councilman Patterson,
seconded by Councilman Villa, and
carried on a 5-Z vote, Councilmen
Evans and Herrin voting NO, Council approved and authorized the Mayor and
Clerk to execute the proposed lease between the City and the Hotel Corday for
23 parking stalls located on the northeast corner of Third and Bush Streets°
ALCOHOLIC BEVERAGE Mr. Frank Wyland, 501 N. Golden Circle
LICENSE APPLICATION Drive, attorney for Mr. Joseph E.
_Dominguez~ stated that Mr. Dominguez
plans to operate a small grocery store at Z02 So Flower Street; that it is not a
beer bar; that he is not familiar with the Police Department's report of truancy
around the store; that Mr. Dominguez has just bought the property and lives
behind the store with his wife and two young children; that if the liquor license is
granted, he will be able to compete with other stores in the neighborhood; and
that the applicant had some problems with the police in his late teens and early
20's but has worked those out, has been industrious and saved money to buy this
business.
In response to questions from Councilman Villa, Sgto Burton of the Santa Ana
Police DepartTment stated that there has been a serious truancy problem at this
location; that the Police Department has been studying truancy problems in an
effort to reduce the crime rate; that since January, llZ arrests have been made
in this area; that the school is concerned about this problem also; and that with
students attaining legal age at 18, it will not be long until they will be allowed to
purchase liquor at that age.
Mr0 Robert Sorenson, Assistant Principal in charge of attendance and child
welfare, stated that day after day truants are brought in from the school; that the
corner seems to be a place to congregate; that one of the school's truant officers
is stationed at the store much of the time to try to control the problem; that the
Assistant Superintendent is lodging an official protest from the standpoint of the
School District.
CITY COUNCIL MINUTES
-198- May 15, 1972
ALCOHOLIC BEVERAGE
LICENSE APPLICATION - (Continued)
On motion of Councilman Yamamoto, seconded by Councilman Evans, and unanimously
carried, Council instructed the City Attorney to prepare a letter of protest on the
following application:
DOMINGUEZ, JOSEPH E., Z0Z So Flower Street, Off Sale Beer
and Wine, Original; (Protest - Police Department)
SOLICITATION APPLICATION Councilman Herrin questioned the
WELL OFF FOUNDATION, INC. recommendation to exempt from the
business license tax those persons
receiving a fee or wage in conjunction with the Well Off Foundation, Inc. stating
that he believed there were other organizations in the same category who had been
denied this waiver of tax; that he is not opposed to it, but believes a policy should
be established°
Councilman Villa's motion, seconded by Councilman Herrin, to approve the
solicitation application of the Well Off Foundation, Inc., striking out the
recommendation for waiver of business license tax, failed to carry on the following
roll call vote:
AYES:
NO ES:
ABSENT:
Villa
Herrin, Evans, Griset, Yamamoto, Patterson, Markel
None
Prior to voting, the City Attorney cited Santa Ama Municipal Code, Section 21-24 (d),
stating that, in his opinion, a truly charitable business corporation does not have
to pay a business license tax; that certain subcontractors of that charity would not
fall within the purview of it; that the City does not impose business license taxes on
employees, in any event; that if the money goes directly into the charity, it is
exempt.
In response to a question from Councilman Patterson, the City Attorney stated that
if a non~-pro£it organization wishes to solicit funds within the City, they are not
subject to a business license tax, but must obtain approval of a solicitation
application.
On motion of Councilman Herrin, seconded by Councilman Yamamoto, and
unanimously carried, the following application was approved:
WELL OFF FOUNDATION, INC., to operate a doughnut shop
for employment of the-~deaf and handicapped, for 60 days from
date of approval;
and those persons receiving a fee or wage in conjunction with the business were
exempt from the business license tax.
CITY COUNCIL MINUTES -199- May 15, 1972
ALCOHOLIC BEVERAGE In response to a question from Councilman
LICENSE APPLICATION Yamamoto, Sgt. Burton of the Santa Aha
Police Department, stated that the
present ABC application of Joyce E. Rudolph was necessary because a partnership
had been dissolved; that the Police Department did not protest the partnership and
has no reason to protest the present application.
Councilman Yamamoto's motion to protest this application failed for lack of a
second.
Councilman Villa's motion to receive and file the following ABC application was
seconded by Councilman Evans, and carried on a 6-1 vote, Councilman Yamamoto
dis s enting:
RUDOLPH, JOYCE E., 1212 S. Bristol, Unit 16, On Sale Beer,
Original°
VA 72-33 On motion of Councilman Herrin,
GEORGE W. BOXBERGER seconded by Councilman Evans, and
unanimously carried, the following
variance application was received and ordered filed:
VA 72-33, GEORGE W. BOXBERGER - To construct a 2700
square foot office building and operate a contractor's open storage
yard in the R 1 District at 100Z N. Fairview; APPROVED.
Prior to voting, Councilman Markel stated that he had no objection to the
variance application, but questioned the necessity to maintain this area as R 1.
VA 72-38 In considering variance application
HOWARD LAWSON to construct a residential care facility
for elderly persons in the R 1 District
at 555 Owens Drive, Councilman Evans stated that he believed the apartments
are substandard; that a reduction in parking requirements may be warranted in
some cases, but that this plan reduces parking by 60%; that the application states
the project will be limited to elderly persons, and he asked whether or not this is
legal. The Planning Director stated that there is no law that limits the use of the
project; that this is the proposal of the developer.
Councilman Patterson asked for further information concerning experience with
this type of development in terms of other units. The Director of Planning stated
that a stud~ had been made; that in ~arlier prbjects the developers had provided
parking far in excess of what was needed; that it is felt now that the space can be
better utilized as open area rather than to be put into parking areas.
Councilman Herrin suggested that at some future time there might be a change of
use of the development, and asked if the City could still control the facility. The
Attorney stated that there is a condition in the variance which requires review in
two years which would act as a restriction; and that the final condition is the
agreement dated April 3 between Mr. Lawson and the City.
In response to questions from Councilman Evans, the Planning Director stated
that a park fee will be collected at the time building is commenced; that smaller
units are permitted in building for the elderly, since there will not be families.
CITY COUNCIL MINUTES
-Z00- May 15, 1972
VA 72-38
HOWARD LAWSON - (Continued)
Councilman Herrin's motion to receive and file the following application was
seconded by Councilman Villa, and carried on a 6-1 vote, Councilman Evans
dis s enting:
VA 72-38, HOWARD LAWSON - To construct a residential care
facility for elderly persons in the 1% 1 District at 555 Owens Drive;
APPROVED.
REIMBURSEMENT
reimbursement was authorized:
On motion of Councilman Herrin,
seconded by Councilman Markel, and
unanimously carried, the following
KERR GLASS MANUFACTURING CORPORATION, for street
improvements on the east side of Standard Avenue from 488 to
1088 feet north of St. Gertrude Place; NS-1041; AP 16-1Z0-31, 33,
in the amount of $5,1ZZ. 48.
BUDGET TRANSFER
funds was authorized as follows:
On motion of Councilman Herrin,
seconded by Councilman Yamamoto,
and unanimously carried, transfer of
APPROPRIATION ADJUSTMENT #73, to transfer $60,000 from
account 11-000-911 to account 11-511-111, Public Works Department,
to assure adequate funds for payroll for the balance of the fiscal
year.
R EC ES S
At 3:45 P.M., a recess was declared.
The meeting reconvened at 3:55 P.M.
with all Councilmen present.
READING WAIVED On motion of Councilman Herrin,
seconded by Councilman Evans and
unanimously carried, the full reading
of ordinances and resolutior~s, the titles of which appeared on the public agenda,
was waived.
ORD. NS-1119 ORDINANCE NS-1119 REPEALING AND
AUTHORITY TO RE-ENACTING SECTION 16-7 OF
ISSUE CITATIONS ARTICLE I, CHAPTER 16 OF THE
SANTA ANA MUNICIPAL CODE
RELATING TO THE AUTHORITY OF PUBLIC OFFICERS OR EMPLOYEES TO
ISSUE CITATIONS was adopted on motion of Councilman Herrin, seconded by
Councilman Evans and carried on the following roll call vote:
AYES: Herrin,
NOES: None
ABSENT: None
Evans, Villa, Griset, Yamamoto, Patterson, Markel
CITY COUNCIL MINUTES
-201- May 15,, 1972
RES. 72-44 Consideration of Resolution 72-44
VA 7Z-18 granting the appeal filed by Western
PRUDENTIAL OVERALL SUPPLY Union Realty Company contesting the
Planning Commission approval of
Variance Application 72-18 filed by Prudential Overall Supply was continued from
the May 1 meeting.
The Mayor stated that the applicant and the appellant had been advised of the
reconsideration of the motion to approve the Appeal and deny the Variance. Council
had been provided copies of a telephone statement to the Clerk on May 1Z, 1972,
from Mr. Victor H. Warnecke representing Western Union Realty reiterating his
company's position on the matter. Council Agenda packets also contained copies
of letters from C.H. Walton, representing Croddy Corporation and Ben Warner,
dated May 2 and March 27, 197Z, respectively, regarding the proposed Variance°
Councilman Evans stated that in discussing this matter with various people, he
believes that the intent is to store the vehicles only; that it is not for dismantling.
The Mayor stated that in granting this variance application, three other wrecking
yards will be eliminated; and that it is an opportunity for higher and better use of
land in the City°
Councilman Evans moved to instruct the City Attorney to prepare a resolution
denying Appeal #301 filed by Western Union Realty Company and granting
Variance Application 72-18 filed by Prudential Overall Supply. Motion was
seconded by Councilman Herrin, and carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Evans, Herrin, Villa, Griset, Yamamoto, Markel
Patterson
None
RES. 72-57
VA 72-20
CORP. OF PRESIDING BISHOP OF
THE CHURCH OF JESUS CHRIST
OF LATTER-DAY SAINTS
RESOLUTION OF THE CITY COUNCIL
OF SANTA ANA UPHOLDING THE
DECISION OF THE PLANNING COMMISSION
AND GRANTING VARIANCE APPLICATION
72-20 FILED BY CORP. OF PRESIDING
BISHOP OF THE CHURCH OF JESUS
CHRIST OF LATTER-DAY SAINTS was adopted on motion of Councilman Herrin,
seconded by Councilman Evans, and carried on a 5-Z vote, Councilmen Yamamoto
and Patterson voting NO.
RES. 72-58 RESOLUTION OF THE CITY COUNCIL
VA 72-21 OF SANTA ANA UPHOLDING THE
ZACHARY T. PEDICINI DECISION OF THE PLANNING COMMISSION
AND GRANTING VARIANCE APPLICATION
72-21 FILED BY ZACHARY T. PEDICINI was adopted on motion of Councilman
Herrin, seconded by Councilman Evans, and carried on a 6-1 vote, Councilman
Yamamoto ~{s s en~:fng.
RES. 72-59
VA 72-ZZ
FERMAN ALARCON
motion of Councilman Herrin,
RESOLUTION OF THE CITY COUNCIL
OF SANTA ANA GRANTING VARIANCE
APPLICATION 72-22 FILED BY
FERMAN ALARCON was adopted on
seconded by Councilman Evans, and carried on a
5-Z vote, Councilmen Yamamoto and Patterson dissenting.
CITY COUNCIL MINUTES -20Z- May 15, 1972
RES. 72-60 ARESOLUTION OF THE CITY COUNCIL
CAL-VET FARM AND OF THE CITY OF SANTA ANA
HOME LOAN MEASURE RECOMMENDING SUPPORT AND
ENDORSEMENT OF PROPOSITION #1,
CAL-VET FARM AND HOME LOAN MEASURE was adopted on motion of
Councilman Villa, seconded by Councilman Yamamoto and carried on a 6-1 vote,
Councilman Patterson voting NO.
RES. 72-61
STATE SCHOOL BONDS
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA
RECOMMENDING SUPPORT AND ENDORSE-
MENT OF PROPOSITION #2, PRIMARY ELECTION BALLOT, was adopted on
motion of Councilman Patterson, seconded by Councilman Yamamoto, and carried
on the following roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Yamamoto, Villa, Evans, Griset
Herrin, Markel
None
Prior to voting, Councilman Herrin stated he believed this action would place
jurisdiction of local schools with the state; that he believes in home rule.
Councilman Villa ;stat'ed' that Santa Ana schools are inadequate and that this proposition
is another'form of revenue sharing since there is no local money available to build
the needed schools.
RES. 72-62 The Director of Public Works stated that
TOPICS APPORTIONMENT projects eligible for the TOPICS Program
would be installation or improvement of
signals, spot improvements of City streets, such as minor widening, etc.; that 13
projects approved by Council several months ago have been submitted to the State
for approval of plans and specifications, and it is hoped they will be able to go to
bid on the first ones in the next four to six weeks°
Councilman Herrin stated that if this program pertains to streets within the boundaries
of the City, he believed they should be the responsibility of the City and not of the
Federal government.
RESOLUTION 72-62 RESERVING TOPICS APPORTIONMENT FOR FISCAL YEARS
1971-72 AND 197Z-73 was adopted on motion of Councilman Villa, seconded by
Councilman Yamamoto, and carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Villa, Yamamoto,
Herrin, Markel
None
Evans, Griset, Patterson
RES. 72-55 RESOLUTION 72-55 AMENDING FEES
FEES FOR MISCELLANEOUS FOR MISCELLANEOUS SALES AND
SALES AND SERVICES SERVICES was adopted on motion of
Councilman Herrin, seconded by
Councilman Patterson, and unanimously carried.
CITY COUNCIL MINUTES
-203- May 15, 1972
BICYCLE STUDY Letter dated May Z, 1972, from the
Orange County Criminal Justice Council
concerning the Orange County Bicycle
Study and SB 147 was referred to the City Manager for study on motion of
Councilman Evans, seconded by Councilman Yamamoto, and unanimously carried.
CITY OF IRVINE SPHERE Consideration was given to letter dated
OF INFLUENCE May 8, 197Z, from the Local Agency
Formation Commission concerning a
sphere of influence map filed by the City of Irvine. The Mayor stated he believed
it would be advisable to recommend that no further annexations be executed in the
Irvine territory until pending legal matters are adjudicated.
Councilman Patterson stated he believed the City should go on record as being
opposed to the proposed sphere of influence; that it is too early for such a small,
young city to absorb additional territory; and that a time limit should be imposed.
The City Attorney stated that it would be optimistic to estimate a year or a year
and a half to resolve the legal problems; that hopefully a decision would be made
before annexation proceedings are finally conducted.
Councilmen Herrin and Markel were opposed to lodging a protest in this matter,
stating that they believed the Irvine Company should be held to their agreement with
regard to the promised acreage, but that the City of Irvine should be allowed to
conduct their city business without interference.
Councilman Patterson moved to protest the proposed City of Irvine Sphere of
Influence map based on the grounds that the City of Santa ~kna has a Sphere of
Influence map on file with LAFC which overlaps a considerable portion of this area;
that the City has on file a contract with the Irvine Company declaring their intent
to annex a considerable portion of what now constitutes the presumed City of Irvine
to the City of Santa Ana; that there is extensive litigation still in process in the
courts of California regar, ding the enforcement of this contract, and raising
fundamental questions as to the legality of the procedures under which the City
of Irvine was incorporated;and that it is too early for such a small, young city
to absorb the territory they already have as well as the additional territory
proposed in the City of Irvine Sphere of Influence map~ The motion was seconded
by Councilman Villa, and carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Villa, Griset, Yamamoto
Evans, Herrin, Markel
None
PUBLIC WORKS AND ECONOMIC Councilman Villa referred to a letter
DEVELOPMENT ACT OF 1965 from Supervisor David Baker concerning
the Public Works and Economic
Development Act of 1965. He stated that at a recent symposium held at UCI on
unemployment in Orange County, a motion was made to organize an Economic
Development Agency in Orange County to bring more industry to Orange County
in order to create more jobs and reduce unemployment in the County°
CITY COUNCIL MINUTES -204- May 15, 1972
PUBLIC WORKS AND ECONOMIC
DEVELOPMENT ACT OF 1965 - (Continued)
Councilman Herrin stated he would be opposed to this program since it is another
"make work" program; that there are jobs available in small business, but many
of the unemployed are not interested in that type of work°
Councilman Villa's motion to go on record in support of and encourage the County to
participate in the Public Works and Economic Development Act of 1965 was seconded
by Councilman Patterson, and carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Villa, Patterson, Griset,
Evans, Nerrin~ Markel
None
Yamamoto
SANTA ANA BUS SYSTEM The Mayor stated that the City was
recently informed that there was an
interest on the part of the Orange County
Transit District in integrating the Santa Ana Bus System into their district; that
he had responded to that interest; and that he had just been handed a letter from
Dr. Fielding, General Manager of the Orange County Transit District, as follows:
"This is to advise you that the Board of Directors of the Orange
County Transit District at this morning's meeting adopted the
following two recommendations:
- Approved in principle the integ~ation of the Santa
Aha bus system into the District system.
- Directed that the General Manager and the County
Counsel prepare a memorandum of agreement with
the City of Santa Aha for review and approval by the
Board at a future meeting.
"I have asked Mr. Clayton Parker of the County Counsel's office to conduct
all negotiations on behalf of the Board and myself."
The communication was received and ordered filed on motion of Councilman Villa,
seconded by Councilman Evans, and unanimously carried.
TUSTIN CAB COMPANY Mr. James Simpson, representing
the Tustin Cab Company, stated he
would like to re-submit the company's
application to operate in Santa Ana because of the recent Court action invalidating
the Certificate. He was referred to the City Attorney to apply through normal
channels.
CITY COUNCIL MINUTES -Z05- May 15, 1972
LIABILITY INSURANCE Mr. Jack Smith of Tausch Insurance Brokers,
SPECIFICATIONS Z700 N. Main Street, stated that he had
recently received a set of specifications for
the City's liability insurance coverage; that members of his firm had reviewed the
specs; that the loser in the bidding is going to be the City; that his firm now writes
part of the County of Orange and three other major cities in Orange County; that they
are concerned that the specs contain some things that are not attainable) that bidders
were given only ten days to prepare a $100,000 to $150,000 bid; that a three-year bid
was requested, yet the premiums by the various companies cannot be guaranteed for
three years because of the automobile liability portion of the policy; that the City is
asking for a bid bond; that the specs state there will be a 60-day cancellation clause in
the contract; that the specs are not well drawn; that there is no payroll information
and the loss experience is not complete; that there is no emphasis on safety engineering;
that the present policy has a premium of approximately $150,000 with loss experience
of $40,000; and that the policy could be written with a minimum premium on a
retention basis, plus claims and administrative costs. He further stated that the
specs carry a non-discrimination clause similar to those on maintenance contracts;
that the program should emphasize safety, loss control, and should be put on a cost-plus
basis. He stated that his company plans to bid, but that it is not possible to get the
best bid with inaccurate and incorrect information; and that the City Council should be
aware of these matters and direct the administration to correct them~
The City Manager stated that they have invited participation by the insurance groups
in the area to assist in the development of any changes in procedure and specification;
that the specs have been used for the past 15 years, with changes made from time to
time as some improvement or extension of coverage has been indicated; that costs
are comparable to other cities in California; that staff has used a tested procedure
which has worked well in the past~
Mr. Wackerbarth of Harrison, Zeppegno & Bristol, the present insurance carriers,
stated that they believe the specs are extremely liberal and they will submit two or
three bids based on the latitude of the specs.
Councilman Patterson stated that some good points were raised and he hadn't heard
any good answers; that the specs should give adequate information; that he wants the
best insurance coverage possible for the least cost.
The City Manager state~i that lfe would be willing to provide addenda to the B'id Specs
to anyb'ody who indicates any interest in additional available statistical information.
CITY MANAGER A memorandum dated May 15, 1972, from
TERMINATION OF EMPLOYMENT City Manager Carl 3. Thornton to the
City Council, officially notifying the Council
of his decision to terminate his employment with the City effective the close of business
June 15, 1972, and to take his retirement, was read alnudby the Clerk of the Council°
The memorandum was received and filed on the unanimously carried motion of
Councilman Herrin, seconded by Councilman Evans.
CITY COUNCIL MINUTES -206- May 15, 1972
RECESS At 5:20 P.M. the meeting was recessed to
7:30 P.M., at which time it was reconvened
with all Councilmen present. Following
the Pledge of Allegiance to the Flag, the Invocation was given by the Reverend 3ohn
Sutherland, St. Peter Lutheran Church.
A.A. #700 The Mayor opened the public hearing on
TOWNER MANUFACTURING CO. Amendment Application #700 filed by
Towner Manufacturing Company to rezone
property located northwest of the intersection of King Street and Seventeenth Street,
from R 1 to M 1o
The Director of Planning stated that this is a legal, non-conforming industrial use;
that the General Plan indicates subject property as a special study corridor; that with
the exception of frontage on 17th Street, the area has developed as residential; that in
the past, To~ner has been required to file a variance for each change; that the present
request for rezoning would constitute "spot" zoning in conflict with the use of i/me
surrounding area; that the use can continue to exist legally without the zoning
reclassification; that the rezoning would permit the owner of the property to re-design~
relocate, expand, rebuild, etc., without the imposition of controls that have been
imposed in the past; and that the staff and the Plannir~g Commission recommend denial.
The Clerk reported no written communications had been received.
Mr. Basil R. Twist, 12801 Panorama Crest, Santa Aha, spoke on behalf of Towner
Manufacturing Co. He stated that the company was founded in Santa Ana in 1915, moved
to its present location in 1938, and was annexed to the City in 1959; that it has been
operating under variances since then; that the facilities erected in 1938 need to be
replaced for the safety of their employees; that they are now faced with the loss of
22' from the front of their property because of the widening of 17th Street; that this
will have an effect on parking and ingress and egress of trucks; that they have a
plan for beautification and improvement of the area; that by rezoning, they can
improve and relocate the facilities, particularly the ones most objectionable to the
neighborhood, and isolate them to the far side of the property; that they will screen
the area to help with noise abatement; that the office will be moved and trucks can
come into the back entrance rather than use the main arterial of 17th Street.
Mr. Rolly Pulaski, Architect, 877 Production Place, Newport Beach, stated that
the traffic situation is a critical one; that by moving the buildings as propose~i, the
noise will be eliminated; that it is proposed to eliminate all parking in front of-the
premises and relocate it to the rear of the building; that there will be landscaping
across the entire front of the property and a 10' screen will be built around the
loerimeter of the property to shield visual contact of the elements stored in the
~.yards; and that the front of the wall will also be landscaped. He further stated that
there will be general coordination of all structures as far as color and design.
Councilman Patterson stated that the matter before the Council is a zone change;
that the balance of the presentation would be considered at a variance hearing. The
Mayor stated he believed it might have a bearing on the case for a zone change,
Mr. Leland C. Launer, 131 W. Wilshire, Fullerton, attorney for Towner Manufacturin
stated that the status of legal, non-conforming use has proven itself to be ineffective
and unworkable; that they now contemplate substantial changes; that a variance could
CITY COUNCIL MINUTES -207- May 15, 1972
A.A. #700
TOWNER MANUFACTURING CO. - (Continued)
be a burden at a later date if they found it necessary to make power changes, etc.;
that the expense might be unwarranted; that they believe it would not be wise to
continue the economic hazard they are confronted with as a non-conforming use~
Mr. Charles Wright, 1805 English Street, stated that he has lived on the northeast
corner of 18th Street for 21 years; that there is unloading of steel, noise, and the
factory is an eyesore to the City; and requested denial of the zone change.
Mrs. Viriginia Wright, 1805 English Street, stated that she is deeply concerned
about parking; that about three years ago, Towner Manufacturing attempted to buy
the property at 1810-14 English Street; that the houses on the property would have
been torn down in order to construct a driveway into the Towner property; that
this could be hazardous to the people in the neighborhood; that if Towner is given
the zone change they will expand their operation; that this would mean more noise,
more employees, and more cars to park; that if they want to make improvements
to the buildings and the property, they could do it under the present zoning with a
variance.
There were no further proponents or opponents and the Mayor closed the public
hearing.
Councilman Herrin stated that this is a land use which has prevailed for a long
period of time; that they have the legal right to continue to operate as long as they
want to; that they need to have some kind of consideration given them which will
make it justifiable for them to spend the amount of money to make all the changes
they are proposing; and that as long as the present owners and managers are
there, they will attempt to make themselves better neighbors.
Councilman Markel stated that consideration should be given to the good the
improvements would do for the city, and for employment; that the company is one
of the oldest in the City of Santa Ama; that they employ 85 people, 35% minorities;
that they own over 3/4 million dollars in taxable property; that they are giving
up 2Z' for the widening of 17th Street; that t tucks are now required to back into
the property, but with the proposed changes, they will be able to go in forward,
turn around, and go out onto the street; that he would think very seriously before
granting a zone change, but that he is in favor of the changes they are requesting.
Councilman Patterson stated he was not in favor of a zone change but would be
in favor of a variance; that if it is rtz.ned, no conditions can be attached; that it
is not the highest and best use of the land as M 1. Councilman Yamamoto concurred,
stating that a zone change would take control away from the City.
Councilman Villa stated that in widening 17th Street and taking ZZ' of the property,
the City was imposing on them something they did not ask for; however, that he
was not in favor of the zone change.
CITY COUNCIL MINUTES -208- May 15, 1972
A.A. #700
TOWNER MANUFACTURING CO. - (Continued)
Councilman Evans stated that the proposal would be of benefit to all of the
residents of the neighborhood, but that it does not warrant a zone change; that
a variance application would be the proper procedure.
Councilman Patterson's motion, seconded by Councilman Evans, to deny the
request for rezoning carried on the following roll call vote:
AYES: Patterson, Evans, Griset, lviarkel
NOES: Villa, Herrin, Yamamoto
ABSENT: None
RECESS
At 7:35 PoM., a recess was declared.
The meeting reconvened at 7:50 P.M.
with all Councilmen present°
APPEAL #304 The Mayor opened the public hearing
VA 72-32 on Appeal #304 filed by W. Go Will
CURCI-TURNER COMPANY appealing the Planning Commission's
approval of Curci-Turner Company's
Variance Application 72-32 tO establish less than 4-acre parcels in the C 4
District at 2640 S. Bristol Street.
The Director of Planning stated that the variance applied for and approved by
the Planning Cornnaission requested less than 4-acre lots in the C 4 District; that
the problem brought in by appeal involves parking as related to Parcel 1 on which
no plan has been filed; that the question raised in the appeal is out of focus at the
moment~ and that the Planning Commission and Staff recommend approval of the
variance.
The Clerk reported no additional written communications had been received.
Mr. William Will, 1420 W. Central, stated that no one is fighting development of
the land as long as it is in a logical, compatible manner; that the reason for the
appeal is that the Planning Commission approval of the variance does not take
into account items which affect the physical safety and the real property values
in the tract; that they anticipate a drainage problem at the intersection~o~ Pqpl&r
and Hemlock Way; that a 3-story building is being proposed for Parcel 2, abutting
R 1 property, and they are asking for a limit of two s~ries on the building; that
they would like the developer to be required to provide 6' landscaping between the
parking stalls and the wall which separates that parcel from the residential area;
that the question of physical safety revolves around the driveway and the traffic
on Central Avenue. He stated that there is a Marie Callender Pie Shop on Central
Avenue which generates a great deal of traffic; that it is sometimes hazardous to
approach the tract from Central Avenue; that eventually traffic signals will be
needed at Central and Bristol; that the developer should be required to dedicate
enough land to widen the mouth of Central Avenue and to participate in the cost of
traffic signals at the intersection.
CITY COUNCIL MINUTES
-209- May 15, 1972
APPEAL #304
VA 72-32 - CURCI-TURNER COMPANY - (Continued)
Mrs~ Diane Jungkman, 601 Columbine, stated that she is aware of the problem;
that she often drives down Bristol Street and makes a left turn onto Central, and
that it is extremely hazardous.
Mr. Vern Mansur, 2701 South Poplar, stated that the back of his property abuts
Parcel Z, and his main concern is the high rise, which would be detrimental to
his property.
Mr. John L. Curci, 717 Lido Court Drive, Newport Beach, stated that some of
the concerns stated will be brought out at the time there is a proposal on the
parcels; that this variance request is only to divide the parcel.
In response to Councilman Evans' question, the Planning Director stated that a
3-story building is permitted in the C 4 zone; however, that the building on Parcel
2- is shown on plot plans as approximately 150' removed from the west property
line~
There were no further proponents or opponents: and the Mayor closed the public
hearing.
Councilman Patterson'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-JZ, subject to conditions of
approval contained in the Commission report, with the additional condition that
no building over one story will be erected on Parcels Z and 3 closer than 100
feet to the westerly boundary, carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Villa, Herrin, Griset, Yamamoto, Markel
Evans
None
WAt{NF_~AVENUE-SOUTH The Director of Planning briefly
COMMUNITY PLAN STUDY reviewed the Planning Staff r.eport.
He stated that the Planning Cornrnission
had continued this matter to their May 2Z agenda, awaiting the report of the
special cornrnittee; that the area already developed or committed between
Bristol and Main and Warner and Sunflower will have an average density of 1Z,, 8;
that in the area from Bristol to Fairview the average density of existing and
committed developments is 16~, 5; that Staff Plan A, which is the one recommended
to Council, would result in a net density of 13o 1 dwelling units per acre.
Mr. John R. Schilling, Chairman of the Joint Committee on Warner South, stated
that the basic question asked of the committee was how will the City be sure that
public facilities are available when the area is built out to capacity; that the only
way to assure this is to curb the high density development in the area; that the
committee endorses Plan A recommendation of Staff; that once this plan is
established, developers could then be permitted to come forward with residential
developments for this area consistent with density designations of Plan A; that
CITY COUNCIL MINUTES -210- May 15, 1972
WARNF_,R AVENUE-SOUTH
COMMUNITY PLAN STUDY - (Continued)
they are not in favor of continuing the 90-day moratorium on construction in the area;
that no further variances or conditional use permits be granted in the area; that all
deviations from existing zoning be accomplished by zone change consistent with Plan
A; that the PRD suffix be attached to the entire Warner South area; that the amount
of park development fees is not sufficient for the City to purchase park property
and they are requesting that a dedication factor of ten percent (10%) be used~
Councilman Herrin's motion, seconded by Councilman Evans, to submit the material
to the Planning Commission and receive their report before taking action, failed to
carry on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans
Villa, Griset, Yamamoto, Patterson, Markel
None
Prior to voting, Councilman Patterson stated that the Planning Commission had
dealt ~vith this matter for several years; that when it came to Council it appeared to
be of a crisis nature; that Council created a committee to study the problem and
report back to them; that Council will set the policy, and the Commission will be
expected to carry out that policy. The Mayor stated that Council's orientation
of the problem has been in progress for more than a year; that it is Council's
responsibility to make a decision now. Councilmen Villa and Yamamoto concurred.
Councilman Patterson's motion, seconded by Councilman Villa, to adopt as Council
policy the recommendations and conclusions submitted by the Joint Committee on
Warner-South, carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Villa, Evans, Griset, Yamamoto, Markel
Herrin
None
R EC ESS
At 10:15 PoM., a recess was declared.
The meeting reconvened at 10:25 P~ M.
with all Councilmen present°
AMENDMENT TO GENERAL PLANNING COMMISSION RESOLUTION
PLAN LAND USE ELEMENT NUMBER 5983 AMENDING THE "LAND
USE" PORTION OF THE "LAND USE
AND ARTERIAL STREETS" ELEMENT OF THE GENERAL PLAN, and the
Planning Director's letter dated January 24, 1972, were received and ordered
filed on motion of Councilman Markel, seconded by Councilman Patterson, and
unanimously carried.
CITY COUNCIL MINUTES
-211~ May 15, 1972
AMENDMENT TO GENERAL PLAN PLANNING COMMISSION RESOLUTION
LAND USE AND ARTERIAL STREETS NUMBER 5984 AMENDING THE "ARTERIAL
STREETS" PORTION OF THE !'LAND USE
AND ARTERIAL STREETS" ELEMENT OF THE GENERAL PLAN was received and
ordered filed on motion of Councilman Evans, seconded by Councilman Herrin, and
unanimously carried.
ALCOHOLIC BEVERAGE CONTROL Council considered letter dated May 15, 1972,
ORDINANCE REVISION from the City Attorney concerning the
definition of a bona fide restaurant in
connection with the ordinance dealing with Alcoholic Beverage License applications.
Councilman Patterson stated he believed each application must be considered
individually.
Councilman Patterson's motion, seconded by Councilman Yamamoto, to process
Alcoholic Beverage License applications through the Minor Exception procedure, was
unanimously carried.
ENVIRONMENTAL ENHANCEMENT The Council considered a letter dated
PROGRAM May 11, 1972 from the League of Cities
concerning use of Gas Tax Funds in the
Environmental Enhancement Program. The Mayor stated that it was his understanding
that these funds are already encumbered by the City of Santa Aha, and that it would
be indiscreet to commit additional funds prior to budget hearings°
Councilman Patterson stated that Council took action on this matter at the last
meeting to support the program in principle without allocating funds°
PUBLIC PROPERTY USE The Clerk submitted an Application for
Special License to Use Public Property
filed on behalf of the Orange County
Movement for a Democratic Military requesting permission for a march to be held
on Saturday, May 20, 1972, from 11:00 A.M. to 7:00 P. Mo, beginning at Redhill
Avenue between Valencia and Warner, Warner Avenue to Flower Street, to ~4emorial
Park, with a rally at Memorial Park.
In response to questions from Council, Mro Delbert Vohringer, 13922 Eo Tustin Drive,
#21, Tustin, stated that the march is in observance of Armed Forces Day,
commemorating the last ten years in Vietnam, concern for POW's and the men still
in Vietnam° ~
On motion of Councilman Villa, seconded by Councilman Herrin, and unanimously
carried, Council approved the application, subject to the normal administrative
clearance.
MOTORCYCLE RIDING Mr. David Jungkman, 601 Columbine,
AT PARK SITE stated that immediately next door to his
home is a park site where motorcycles
run; that the noise is very loud and disturbing; that the Police Department has
been called a number of times and they have informed the citizens that unless they
sign a complaint against a particular individual, there is nothing that can be done.
CITY COUNCIL MINUTES
-212- May 15, 1972
MOTORCYCLE RIDING AT PARK SITE - (Continued)
The City Manager stated that this is a misdemeanor, and a policeman cannot make
an arrest unless it is performed in his presence, or he has a signed complaint; but
that it is just as illegal to ride the motorcycles on that piece of property as on the
street, and the Staff will take action.
Mrs. Diane JungkmaD,' 6D1 Columbine, suggested that the property could be leveled
off and it would be less attractive to motorcyclists.
ADJOURNMENT
The Mayor declared the meeting
adjourned at 11:00 P. Mo
Florence L Malone
Clerk of the Council
CITY COUNCIL MINUTES -213- May 15, 1972