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HomeMy WebLinkAbout06-26-1972MINUTES OF THE ADJOURNED REGULAR I~EETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA June 26, 1972 The meeting was called to order at 2:05 P.M., in the Council Chambers of the City Hall Annex, 530 North Ross Street, with the following Councilmen present: Vernon S. Evans, Wad~ Herrin, J. Ogden Markel, Jerry M. Patterson, Ray Villa, Harry Ko Yamamoto, and Mayor Lorin Griset~ Also present were Acting City Manager Bruce C. Spragg, City Attorney James A. Withers, Director of Planning Herbert Wieland, Director of Public Works Ronald Wolford, and Clerk of the Council'Florenc~ I. Malone. Affidavits o£ having given proper Notice of the Adjourned Meeting were on file with the Clerk of the Council. MINUTES Councilman Markel requested that the following comments be included in the Minutes of the June 5th Meeting under the item NEIGHBORHOOD CENTERS LEASE AGREEMENTS: "Councilman Markel stated that the area under consideration (Delhi Community Center Building) for the establishment of a Neighborhood Center in the 1940's and 1950's had a high incidence of juvenile delinquencies;, that {vhen he' checked with the Police Department recently, he was informed that they have no records for the immediate past or present in that particular neighborhood. He attributed this improvement to the activities of the Delhi Organization in their cormmunity." Minutes of the Regular Meeting of June 5, 1977. were approved as amended on motion of Councilman Herrin, seconded by Councilman Evans, and carried on a 6 - 1 vote, Councilman Patterson dissenting. SPECIAL ORDER OF THE DAY The preliminary budget for the Fiscal Year 1972-73 was presented for consideration. By common consent, Council set'the following dates and times for Budget Study Sessions to be held in the Mayor's Office, Room 303, 217 N. Main Street: June Z9, 197Z July 6, 1972 July 11, 1972 7:00 - 10:00 P.M. 7:00 - 10:00 P.M. 7:00 - 10:00 P.M. On motion of Councilman Herrin, seconded by Councilman Yamamoto, and unanimously carried, the Clerk of the Council was instructed to publish Notice of Public Hearing for ]~udget Adoption for July 17,1972. CITY COUNCIL MINUTES -230- JUNE Z6, 197Z PORTRAIT OF FORMER Councilman Markel's motion to CITY MANAGER accept the portrait of the former City Manager, presented to the City by its Department Heads, but that it not be placed in the lobby of the new City Hall, failed for lack of a second° Councilman Yamamoto' s motion, seconded by Councilman Patterson, to accept the portrait of former City Manager Carl Jo Thornton, and that it be placed in the lobby of the new City Hall, carried on the following roll call vote: AYES: NOES: ABSENT: Yamamoto, Patterson, Villa, Evans, Herrin, Griset Markel None EXECUTIVE SESSION At Z:Z0 P.M., the meeting was adjourned to an Executive Session to consider appointments to various Boards and Commissions, and legal matters. The meeting reconvened at 3:Z5 P.M. with all Councilmen present. The Mayor announced that decisions had been reached with regard to appointments to fill vacancies on various Boards and Commissions, and that there will be additional consideration during Executive Session at the July 3rd meeting, with the possibility of further appointments. On motion of Councilman Villa, seconded by Councilman Patterson and carried on a 6 - 1 vote, Councilman Evans dissenting, Mr. Everett Winters and Mrs. Jean Ankrum were appointed to the Santa Aha Planning Commission for four- year terms beginning July 1, 1972. On motion of Councilman Villa, seconded by Councilman Yamamoto, and unanimously carried, Mrs. Ernestine Ransom and Mrs. Rae Arroyo were appointed to the Santa Aha Human Relations Commission for four-year terms beginning July 1, 1972. On motion of Councilman Herrin, seconded by Councilman Evans, and unanimously carried, Mrs. Ginger Yates was appointed to the Santa Aha Library Board for a four-year term beginning July 1, 1972o On motion of Councilman Herrin, seconded by Councilman Patterson, and unanimously carried, Mr. Richard Grace was appolnte~l to the Santa Ana Personnel Board for a fo~lr-year term beginning Julyt, 197Z. CONSENT CALENDAR The following Agenda items were removed from the Consent Calendar: Item 3-B, requested by Councilman Evans; Items 1-B and Z-A, requested by Councilman Herrin; Items 5-A and 5-B, requested by Councilman Yamamoto; and Items Z-B, 2-F, 5-F, 13-A, 13-B, and 13-C, requested by Councilman Markel. CITY COUNCIL MINUTES -231- JUNE 26, 1972 CONSENT CALENDAR - (Continued) On motion of Councilman Evans, seconded by Councilman l~atterson, 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. 72-005- Trees, Shrubs, Plants; opening date July 19, 1972 - 2:00 P.M. PROJECT 6064 - Construct ballfield backstops (5) in E1 Salvador; (2) Westwood; (1) Santa Anita; (1) Flower Street Parks; opening date July 24, 1972 - 2:00 P.M. BID AWARDS Awarded contracts as follows: SPEC. 723-231 - Asphalt Concrete for Fiscal Year 1972-73; annual requirement; awarded contract to Gulf Oil Corporation, acting by and through Industrial Asphalt, based on the lowest total bid; and rejected all other bids. SPEC. 723-232 - 58,000 Gallons Liquid Asphalt Sealer; annual requirement; awarded contract to Astec Products, on basis of lowest bid per gallon price; and rejected all other bids. SPEC. 723-234 - 2,400 Cu. Yds. Portland Cement Concrete; annual requirement; awarded contract to Standard Ready-Mix Concrete, Westminster, on basis of lowest net unit price; and rejected all other bids. 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; awarded contract to Farmac Pipeline, Inc., on basis of the lowest bidder; and rejected all other bids. PROJECT 6059 - Construct parking lot in E1 Salvador Park north of Civic Center Drive West; awarded contract to John W. Tiedemann Company, Whittier, on basis of lowest bid; and rejected all other bids. CITY COUNCIL MINUTES -232- JUNE 26, 1972 CONSENT CALENDAR - (Continued) PROJECT 6061 - Relocate ballfield lighting system in E1 Salvador Park; awarded contract to Parker-Ricketts, Inc., dba A & B Electric, Anaheim, on basis of lowest bid; and rejected all other bids. NOTE: Total cost of Projects 6059 and 6061 to be reimbursed by the Santa Ana Unified School District in accordance with agreement dated April Z1, 1972. TRAFFIC SIGNAL MAINTENANCE - For the period of July 1, 1972 through June 30, 1977; awarded contract to Traffic Signal Maintenance, South E1 Monte, on the basis of lowest and most responsible bidder; and rejected all other bids. All bids on the following items were rejected as being excessive and over the department estimate, and rebid was authorized: PROJECT 6060 - Construct picnic pads in Westwood and Santiago Parks. PROJECT 6055 - Construct restroom and storage building in Flower Street Park, and PROJECT 6056 - Install court lighting in Flower Street Park. AGREEMENTS Approved the following agreements and authorized their execution by the Mayor and Clerk: INDENTURE - Between Southern Pacific Transportation Company and the City for water main in Evergreen Street between Emmett Street and Adams Street. ENCROACHMENT - Between Harold Mandell and the City for a sign to be constructed at 217 N. Harbor Boulevard. TRAFFIC 19, 1972, inclusive. Received and ordered filed report of control devices removed or installed May 30 through [Iune ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Received amd ordered filed the following Alcoholic Beverage License Applications: GRAVEEL, JULIUS C. AND MARY Lo, 2128N. Tustin Avenue, Off Sale Beer and Wine, Person to Person Transfer; . NEWMAN, CHESTER J. AND GRACE R., 1220 N. Bristol Street, Off Sale Beer and Wine, Person to Person Transfer; CITY COUNCIL MINUTES -Z33- JUNE 26, 1972 CONSENT CALENDAR - (Continued) GREEN, ALTER H., 1206 S. Standard Avenue, Off Sale Beer and Wine, Person to Person Transfer; STEIN, ADELAIDE R. AND THEODORE J., 1425 W. Warner Avenue, Off Sale Beer and Wine, Person to Person Transfer; MAXWELL, ETHEL JAY AND LLOYD 3. , 2241 N. Fairview Avenue, Off Sale Beer and Wine, Person to Person Transfer; MONTANO, FELIX AND M. MARTHA, 1139 W. Santa Aha Boulevard, Off Sale Beer and Wine, Original. SOLICITATION APPLICATIONS Approved the following solicitation applications: UNITED CEREBRAL PALSY ASSOCIATION OF OtLANGE COUNTY, INC. , door-~o-door solicitation to raise funds for 1972-73 fiscal period; September 1 to September 30, 1972. ORANGE COUNTY ASSOCIATION FOR RETARDED CHILDREN, operation of Hope Haven Value Village Thrift Store at 422-24 Fourth Street. AIDING LEUKEMIA STRICKEN AMERICAN CHILDREN (ALSAC), tag days, first three weekends in July. CHRIST FOR INDIA DBA MISSIONS INTERNATIONAL, door-to-door solicitation for funds to carry on Christian work at home and abroad--orphanage, printing press, Bibles, etc.; for 60 days from date of approval. In addition, the Orange County Association for Retarded Children was exempted from business license tax (SAlviC Sec. 21-24 (d) ) if all other Municipal Code requirements are satisfied. VARIANCES AND CONDITIONAL USE PERMITS Received and ordered filed the following applications: EX 72-8, HEINLY, D. H.; EDDENS, F.L. JR.-; LINDLEY, B. T.; THRASHER, T.N. - To eliminate a require~l 6 foot high masonry block wall in the P District at 838 N. Van Ness Avenue; APPROVED. VA 72-41, COWAN, WILLIAM W. & MARTHA G. - To construct four additional units on a 12,600 square foot R 2 lot containing two residences, at 819-821 S. Cypress Avenue; APPROVED. VA 72-43, SUNSET BUILDERS - To reduce the (3 4 District parking area requirement from 3 sq. ft. to 2,2 sq. ft. per one square foot of gross floor area for a medical building at 2640 S. Bristol Street; APPROVED. CUP 72-13, BACON, EARL W. & CHARLOTTE - To allow storage of non-ferrous scrap metal within a completely enclosed building in the M 2 District at 1051 E. 6th Street; AI~PROVED. CITY COUNCIL MINUTES -234- JUNE 26, 1972 CONSENT CALENDAR - (Continued) DEEDS, NO CASH Received and ordered filed a report GRANTEE, CITY of No-Ca~s.h Deeds accepted by the City Manager, pursuant to Resolution #69-156, from May 31 through June 20, 1972, inclusive. DEEDS, NO CASH GRANTOR, CITY Approved the following deeds and authorized their execution by the Mayor and Clerk: VARIOUS OWNERS OF RECORD, east side of Bristol, north of Segerstrom, vehicular access rights° DEEDS~WITH CASH GRANTOR, CITY with the sale: Approved the following deed and authorized the Mayor to sign all necessary documents in connection SOGRAND INVESTMENT COMPANY, south side of Edinger, SPRR to Grand Avenue; sale of surplus property authorized May 1, 197Z. TENTATIVE PARCEL MAPS alley requirement for Maps #753, 754, Approved the following maps, subject to conditions contained in Planning Director's report, and waived the and 755: MAP #751 - Filed by Eston Rose creating two (2) A 1 parcels, Parcel #1 to remain residential, and Parcel #2 to be used for a mobile home park, located generally on the south side of Fifth Street, 660 feet west of Newhope Street° MAP #752 - Filed by George W. Duke creating one (1) C g and one (1) C 2 and A 1 parcels, Parcel #1 to be used for commercial use, and Parcel #g for a mobile home'park, located generally on the north side of First Street, 889 feet west of Newhope Street; waiver of alley requirement. MAP #753 - Filed by Anthony Oo Campogiorno creating one (1) G Z and one (1) C g and A 1 parcels, Parcel #1 to be used for commercial use, and Parcel # 2 for a mobile home park, located generally on the north side of First Street, 531 feet west of Newhope Street; waiver 'of alley r equir ement o MAP #754 - Filed by Emma A. Alway creating one C g and one C 2 and A 1 parcels, Parcel #1 for future commercial use and Parcel #2 for a mobile home park, located generally on the north side of First Street, 990 feet west of Newhope; waiver of alley requirement. MAP #755 - Filed by Helen J. Peterson creating three (3) A1 parcels, Parcels #1 and #3 for residential use, and Parcel #Z for mobile home park, located generally on the south side of Fifth Street, 824 feet west of Newhope Street. CITY COUNCIL MINUTES -235- JUNE 26, 1972 CONSENT CALENDAR - (Continued) MAP ~757 - Filed by Kilroy Industries, Inc. creating five (5) M 1 parcels for industrial use, located generally on the west side of Fairview Street, 618 feet south of Warner Avenue. COMPLETION OF IA4PROVEMENTS Authorized release of performance, monument, labor and material bonds on the following: TRACT #5910 - Avalon Avenue and Eastwood Street. REIMBURSEMENTS Authoriz, e~ the following reimburse- ment: STANDARD PACIFIC, for street improvements on the south side of Segerstrom Avenue from Raitt Street to 736 feet west in exchange for ultimate dedication, Tract ~7517,~ in the amount of $8,000.00. Denied reimbursement to the IRVINE INDUSTRIAL COMPLEX for street improvements on Pullman Street north of Dyer Road. CHANGE ORDERS Approved the following Change Orders: PROJECT 7013, CONSTRUCTION OF CITY HALL - Change Order #17, increasing in the amount of $3, 063.33. PROJECT 7013, CONSTRUCTION OF CITY HALL - Change Order #18, increasing in the amount of $8,694.24. * * * * * * * * * * CONSENT CALENDAR FINIS * * * * * * * * * * BID CALL On motion of Councilman Yamamoto, seconded by Councilman Patterson, and carried on a 6 - 1 vote, Council- man Herrin dissenting, plans and specifications were approved and advertisement for bids was authorized on the following: PROJECT 1332 - Improvemdnt of the traffic signal and lighting system at the intersection of Westminster Avenue and Harbor Boulevard (TOPICS Project T-3041 (149));opening date July 24, 1972 - Z:00 P.M. CITY COUNCIL MINUTES -Z36- JUNE 26, 1972 BID AWARDS The following bid award was approved, on motion of Councilman Yamamoto, seconded by Councilman Patterson, and carried on a 6 - 1 vote, Councilman Herrin dissenting.' SPEC. 72-002 - Conversion of radio system; awarded contract to the RCA Corporation, Hollywood, as the only bidder complying with specifications; and rejected all other bids. On motion of Councilman Villa, seconded by Councilman Evans, and carried on a 6 - 1 vote, Councilman Markel voting NO, the following bid award was approved: SPEC. 72-004 - One Arts & Crafts Mobile Unit; and One Mobile Game Unit; awarded cnntract to the only bidder, R.G. Detmers & Associates, Inc., West Covina, on the total of $6,814. 50, exclusive of transportation, the City to make its ov~a transportation arrangements. BID AWARD Councilman Villa's motion to award LIABILITY INSURANCE the contract for Comprehensive Bodily Injury and Property Damage Liability Insurance to Harrison, Zeppegno & Bristol, Brokers, for a three-year period on the basis of an annual premium of $128,623, was seconded by Councilman Yamamoto. Mr. Jack Smith, Tausch Insurance Agency, stated that a binder has been issued to the City by Pacific Indemnity Company extending the present coverage to August 1st. The Mayor stated that if the contract were awarded for three years, and in the event there was an adjustment of premium at the end of one year, the City could go to bid at that time. Mr. Robert Brown, Vice President, Insurance Company ~f the Pacific Coast, stated that any company could cancel the policy because of poor e~perience; however, if the company has a three-year contract, they would be more inclined to keep the insurance in force, assuming that the second and third year premiums would compensate for the adverse loss experience; that in regard to the period of time allowed for preparation of bids, it was a short time; however, any company genuinely interested in the business could have prepared and submitted a bid in that time. In reply to a question from Councilman Patterson, Mro Brown stated that if the contract were awarded for a one- year period, his company would not rebid, but the specifications call for a three-year policy. Councilmen Evans and Patterson stated they would not support a three-year contract. The City Attorney stated that~ the representatives of the two companies that bid could voluntarily amend the specifications; otherwise, he would suggest rebid with new terms. Mayor Griset and Councilman Yamamoto stated they would not be in favor of awarding the contract for less than three years. Councilman Herrin stated that continuity is an important factor° Councilman Markel stated he believed the contract should be awarded without delay, but that eight days was not sufficient time to prepare a bid, and that he would be in favor of awarding the insurance to the low bidder for a period of one year. Councilman Patterson concurred, except he believed that for the purpose of continuity, the insurance should remain with the previous carrier for one more year, even though the broker has changed° CITY COUNCIL MINUTES -237- JUNE 26, 1972 BID AWARD LIABILITY INSURANCE - (Continued) Councilman Yamamoto withdrew his second to Councilman Villa's motion on the basis that too little time was allowed for preparation of bids. Councilman Patterson's motion, seconded by Councilman Markel, to award the contract for Spec. 725-104, Comprehensive Bodily Injury & Property Damage Liability Insurance, for one additional year to the Pacific Indemnity Insurance Company through Tausch Insurance Agency, carried on the following roll call vote: AYES: Patterson, Markel, Villa, Herrin NOES: Evans, Griset, Yamam0to ABSENT: None Prior to voting, Councilman Evans stated that if the term is changed from three years to one year, it should be rebid. Councilman Patterson stated that because of the short time for preparation of bids, unavailability of loss information, and the necessity for amendments in the specifications, he believed a one-year contract would give the City time to prepare new specifications and l~erhaps a three-year contract could be considered at that time. He suggested that there are a number of ways of handling insurance -- for example, on a cost-plus basis, and he would not be willing to support a new company at this point, even with a one-year term. BUS GRANT CONTRACT Councilman Patterson's motion, seconded by Councilman Villa, to approve the Bus Grant Contract between the United States of America Department of Transportation and the City of Santa Aha for an Urban Mass Transportation Capital Grant, and to authorize its execution by the Assistant City Manager, carried on a~4 -' 3 vote, Councilmen Evans, Herrin, and Markel dissenting. ALCOHOLIC BEVERAGE Councilman Herrin's motion to LICENSE APPLICATIONS receive and file the following ABC application was seconded by Council- man Evans, and carried on a 6 - 1 vote, Councilman Yamamoto ~'issent'ing: REZA, RAMON D. , 810 W. Santa Aha Boulevard, On Sale Beer, Original. On motion of Councilman Herrin, seconded by Councilman Patterson, and carried on a 6 - 1 vote, Councilman Yamamoto dissenting, the following application was received and ordered filed: JORDAN, GRACE M. , 316 N. Harbor Boulevard, On Sale Beer, Person to Person Transfer. CITY COUNCIL MINUTES -Z38- JUNE Z6, 1972 ALCOHOLIC BEVERAGE LICENSE APPLICATIONS - (Continued) On motion of Councilman Herrin, seconded by Councilman Patterson, and carried on a 5 - 2 vote, Councilmen Evans and Markel dissenting, the following application was received and ordered filed: ANDERSON, EILENE F. AND JACK R., 1532 S. Flower, Off Sale Beer and Wine, Person to Person Transfer. SURPLUS PROPERTY On motion of Councilman Patterson, seconded by Councilman Villa, and carried on a 6 - 1 vote, Councilman Markel dissenting, the following property was declared surplus and its demolition authorized: SURPLUS PROPERTY REPORT #72-15 for improvements located at 1415 Wo First Street, acquired in connection with Project 1276, First Street from Townsend Street to Hesperian Street. On :motion of Councilman Patterson, seconded by Councilman Villa, the following property was declared surplus and listing with Robert N. Corrigan, Broker, was authorized: SURPLUS PROPERTY REPORT #72-20 for land only located at 101 N. Sycamore, northeast corner of First and Sycamore, acquired in connection with Project 1276, II, First Street from Birch Street to Bush Street° Motion carried on the following roll call vote: AYES: NOES: ABSENT: Patterson, Villa, Evans, Markel None Herrin, Griset, Yamamoto On motion of Councilman Patterson~ seconded by Councilman Villa, and carried on a 6 - 1 vote, Councilman Markel dissenting, the following property was declared surplus and listing with Robert N. Corrigan, Broker, was authorized: SURPLUS PROPERTY REPORT #72-21, for land only located on the north side of First Street, 62° 5 feet east of Sycamore Street, acquired in connection with Project 1276, II; First Street from Birch Street to Bush Street. READING WAIVED On motion of Councilman Herrin, seconded by Councilman Patterson, and unanimously carried, the full reading of ordinances and resolutions, the titles of which appeared on the public agenda, was waived. CITY COUNCIL MINUTES -Z39- JUNE 26, 1972 ORD. NS-1121 Mr. Harry Martin, 1436 E. Borchard, COSTS OF STREET II%4PROVEMENTS stated that he is an Industrial Developer in southeast Santa Aha; that the greatest asset in dealing with the public Or a potential client in the industrial area has been the stability and sound fiscal policy of the City of Santa Aha; that the part of the ordinance he objects to is the wording regarding projects under way -- that if they are not completed by the first of July, they will not be reimbursed; that if it is necessary under the City's fiscal program to adopt this policy, it might be better to say "anything filed after a given date would not be subject to the reimburse- ment. Mr. Jack Hall, Engineer representing Mike Kohl on property being developed as a 10Llot subdivision on Euclid Street, stated they have reached a point where every- thing was finan'ced and budgeted, the developer has money set aside to do the project, and now the City is talking about changing its policy; and that those people who presently have projects in the City and have budgeted for the reimbursement, should be warned of the proposed change° The Director of Public Works stated that for approximately nine months his department has been sending letters (sample provided in packet) to developers concerning the City's reimbursement policy; that there is no money remaining in the budget for this expense~ The Mayor stated that he has been opposed to any change in the policy, but that because of the City's present financial situation is now prepared to change the policy; however he would be in favor of reimbursing one-half of the projects now in progress°" Councilman Patterson's motion, seconded by Councilman Villa.~ iD pass to second reading Ordinance NS-11Z1 failed to carry on the following roll call vote: AYES: NOES: ABSENT: Patterson, Villa, Yamamoto Evans, Herrin, Griset, Markel None RECESS present. At 4:55 PoMo, a five-minute recess was declared~ The meeting reconvened at 5:00 PoMo, with all Councilmen ORD. NS-1121 COSTS OF STREET llk4PROVEMENTS (Continued) The Staff was authorized to reimburse one-half of the amount of the reimbursements due to those developers listed on the report entitled "Outstanding Reimbursements" dated July 1, 197Z, where street work permits have been issued and projects are completed by October 3, 1972, on motion of Councilman Patterson, seconded by Councilman Villa and carried on the following roll call vote: AYES: NOES: ABSENT: Patterson, Villa, Griset, Evans, Herrin, Markel None Yamamoto CITY COUNCIL MINUTES -240- JUNE 26, 1972 ORD. NS-11Z1 COSTS OF STREET Lk4PROVEMENTS - (Continued) ORDINANCE NS-1121 - AMENDING SECTION 33-41 OF ARTICLE II OF CHAPTER 33 OF THE SANTA ANA MUNICIPAL CODE RELATING TO COSTS OF STREET IMPROVEMENTS - ESTABLISHING was passed to second reading on motion of Councilman Patterson, seconded by Councilman Villa and carried on the following roll call vote: AYES: NOES: ABSENT: Patterson, Villa, Griset, Yamamoto Evans, Herrin, Markel None AGENDA ORDER It was moved by Councilman Herrin, seconded by Councilman Evans and unanimously carried, to continue Agenda items 26 through 56, inclusive, to the evening Agenda. RECESS At 5:15 P. M. ,~ the meeting was recessed for a joint dinner with the Planning Commission at Lorenzo's Restaurant, At 7:30 P.M., it was reconvened with all Councilmen present. Following the Pledge of Allegiance to the Flag, the Invocation was given by the Reverend Iq. Louis Engle of the First Baptist Church. The Mayor introduced the following exchange students, presenting them with proclamations and keys to the City: Miss Irene Tay Swee Wah, Singapore Mr. Jean Dermine, Belgium Miss Alessandra Martelli, Italy The Mayor announced that Couhcil had agreed to consider Agenda item #80 next. SANTA ANA FIREMEN 'S Mr. Stephen H. Silver, Attorney BENEVOLENT ASSOCIATION for the Firemen's Benevolent Association, stated that the Association represents the majority of the employees of the Fire Department; that the City cannot avoid Or delay formal recognition of the Association under the provisions of the Meyers-Milias-Brown Act; and that it has indicated acknowledgement through its conduct for many years. Councilman Patterson stated that the Association has asked for formal recognition pursuant to the Act and that the City should have specified procedures, rules, and regulations to follow. Councilman Patterson's motion, seconded by Councilman Yarnamoto, to refer to staff the matter of adopting procedures for formal recognition of the Santa Anxa Firemen's Benevolent Association and any others who make similar requests was unanimously carried. CITY COUNCIL MINUTES -241- JUNE 26, 1972 AMENDMENT APPLICATION #692 HARVEY L. BEAR #70 and #71o The Mayor stated that a letter had been received from Covington Brothers requesting continuance of Agenda Items Councilman I-Ierrin's motion, seconded by Councilman Villa to grant a continuance on the hearing on Amendment Application #692 to tuly 17,- failed to carry on the following roll call vote: AYES: NOES: ~kBSENT: Her~in, Villa, Markel Evans, Griset, Yamamoto, Pattersnn None There was discussion regarding the propriety of Councilman Patterson's participation in the decision on the matter in view of his being the appellant in a related Agenda item, Appeal No. 305 - Variance Application ?Z-5. It was the opinion of the City Attorney and the majority of the Council members that if there was no financial or personal conflict of interest, the Councilman was required to participate. Mayor Griset stated that it had been suggectcd that he might have a conflict of interest because an uncle owns 13 acres of property at Bristol and Alton; that he has no connection with the estate and would derive no financial gain from the zoning of the property in the area. The consensus of the Council was that there was no conflict of interest° The Mayor opened the public hearing on Amendment Application $69Z filed by Harvey L. Bear to rezone property located north of Sunflower between Bear and Greenville, from the R1 to R 4 District. The Director of Planning stated that the applicant filed the reque~ for rezoning and an application for variance about the same time; that about the time it was presented to the Planning Commission, the Council imposed the 90-day moratorium in the area, and the matter was continued until after May ZZnd when the moratorium was lifted; that the Planning Commission by its Resolution 599Z recommends rezoning to R I~PRD. The Clerk reported there were no additional communications. The following persons spoke in favor of the Amendment Application: Mr. Frank Gelinas, 1530 E. Fourth Street Mr. Richard Ptuffman, head of Planning for Covington Brothers It was stated that this matter had been pending for a number of months, first to work out details with the Planning staff, and then it was continued by the Planning Commission due to the 90-day moratorium; that there had been unnecessary delay in considering the application. It was further stated that the developer had, in good faith, attempted to present this matter to the Planning Commission and the Council, but there has been some policy change from time to time; that the area should be developed in the best interest of the surrounding property; that a study had been made to develop the land to its ultimate use; that this development would be of medium density; that the area could be developed as R 4 medium density and still have a precise plan with a 3½ acre park if done by variance° Mr. Huffman stated the applicant would be willing to withdraw the request for rezoning and have a hearing on the variance application only. CITY COUNCIL MINUTES -Z4Z- JUNE 26, 1972 AiMENDMENT APPLICATION ~69Z HARVEY L. BEAR - (Continued) Mayor Griset stated that the recommendation of the Planning Commission is in agreement with Council policy, and the request for rezoni~ag should be considered. The following persons spoke in opposition to the Amendment Application: Mr. Charles Davis, 3134S. Rita Way, representing Segerstrom- Republic Homeowners' Association, Mr. Paul Diehl, 1092 Santa Cruz Circle, Costa Mesa, President of North Costa Mesa Homeowners' Association. Mr. Bill Heying, President of Sandpointe Homeowners' Association. Mr. Richard Keyes, 1801 W. Glendale Mro Ben Rappaport, 3138 S. Rita Way. Opposition was based on concern with problems of traffic, schools, and parks. It was stated that the Homeowners' Associations are opposed to high density in the area; that if rezoning of one area is allowed, others may follow; that many variances have been granted in the area which are inconsistent with the Master Plan; and it was requested that Council support their request to let the area remain R 1 in accordance with the Warner-South Plan A Policy recently adopted by Council. In response to a comment that Costa Mesa is studying the area, the Director of Planning stated that a joint study with Costa Mesa is already under way for the area hounded by MacArthurBoulevard, the San Diego Freeway, Fairview, and Main° On motion of Councilman Villa, seconded by Councilman Patterson, and unanimously carried, the public hearing was closed. Councilman Patterson's motion, seconded by Councilman,Yamamoto, to approve AJnendrnent Application #692 in accordance with Exhibit Ao A. 69Z-B and to instruct the City Attorney to prepare an ordinance changing zoning classification from R 1 to R 1-PRD and amending Sectional District Map 35-5-10, carried on the following roll call vote: AYES: NOES: ABSENT: Patterson, Yamamoto, Evans, Herrin, Griset Villa, Markel None RECESS A recess was declared at 9:05 P.M. The meeting reconvened at 9:15 P.M. with all Councilmen present. APPEAL #305 The Mayor opened the public hearing VA 72-5 on Appeal #305 filed by Jerry M. JERRY M. PATTERSON Patterson appealing the Planning Commission's approval of VA 72-5 to allow construction of 97 fourplexes (388 units) in the R 1 District at 1950 W. Sunflower Street. CITY COUNCIL MINUTES -243- JUNE 26, 1972 A-PPEAL ~305 - VA 72-5 JERRY M. PATTERSON - (Continued) The Director of Planning stated that the major issue in this matter is the 3-acre park; that the City's General Plan contains a recommendation that neighborhood parks should be a minimum of ten acres in size. The Clerk reported no additional written communications had been received. The appellant, Jerry I~o Patterson, 2636 N. Jessee Drive, stated that if a variance comes before the City Council without an appeal, there is no public hearing, and that he believed a public hearing should be held since the variance is in violation of the policy in the South Warner area, it is a deviation from the General Plan and from Plan "A", and it is in opposition to the Warner South Growth Policy Committee Report. Mr. Charles Davis, 3134 S. Rita Way, stated that the home o~vners in the area had bought their property with intentions of a good, planned community; that they are opposed to the high density because of problems that will be created in the schools, parks, traffic, and taxes. Mr. Victor Pellino, 1501 W. San Lorenzo, stated that the Council has approved Plan "A" and it should be retained; that if the City deviates from this plan it is taking a step backwards rather than forward° The following persons also spoke in~avor bf the appeal: Mr. Ken Bisner, 1510 Carriage Drive Mr. Bill Heying, President, Sandpointe Homeowners' Association Mr. Paul Diehl, 1092 Santa Cruz Circle, Costa Mesa A petition signed by 301 residents of the Sandpointe area was presented to Council. On ruction of Councilman Herrin, seconded by Councilman Patterson, and carried unanimously, the petition was received and ordered filed. Mr. Richard Huffman, Covington Brothers, stated that the development would be compatible with the area; that it can be made into a very fine place to live; that the dedication of a 3½ acre park site should not be criticized. Ne presented colored slides of similar developments. On motion of Councilman Villa, seconded by Councilman Evans, and unanimously carried, the public hearing was closed. Councilman Markel stated he believed the 3-acre park would supplement the Thornton Park, and that this would be an ideal location for R 4 zoning. Councilman Herrin's motion, seconded by Councilman Markel, to deny Appeal #305 and grant Variance Application 72-5, failed to carry on the following roll call vote: AYES: NOES: ABSENT: Herrin, Markel, Villa Evans, Griset, Yamamoto, Patterson None CITY COUNCIL MINUTES -244- JUNE 26, 1972 APPEAL #305 - VA 72-5 JERRY M. PATTERSON - (Continued} Councilman Villa stated that the requirements for dedication of the park are 10% and he believed this complies; that he is opposed to the appeal; that when an ordinance is enacted, certain restricitions do not take effect immediately; that this application was submitted last September and was delayed because of the moratorium; that the City has no jurisdiction over schools; and that Sandpointe Park has not been developed because the City does not have the money for it. Councilman Patterson stated he would agree with the "grandfather clause" if the development had been started but that this is bare goun~, that they can build R ls also; that the General Plan indicates R 1; that with regard to the park, the staff has consistently stated 10 acres are needed; and that the staff recommendation was for denial. Mayor Griset and Councilmen Yamamoto and Evans spoke in favor of the appeal, stating they were against high density in the area ,and that the Council should follow its approved policy. Councilman Yamamoto~s motion, seconded by Councilman Villa, to grant Appeal #305 and instruct the City Attorney to prepare a resolution denying Variance Application 7Z-5, carried on the following roll call vote: AYES: NOES: ABSENT: Yamamoto, Villa, Evans, Griset, Patterson Herrin, Markel None RECESS Councilmen pres ent. At 10:30 PoM., a five-minute recess was declared. The meeting reconvened at 10:35 P.M. with all RES. 72-67 Mayor Grisetmoved to reconsider APPEAL #296 the Council decision of June 5, to SANDPOINTE HOMEOWNERS deny Appeal No. 296, filed by the Sandpointe Homeowners ' As sociation and to grant Variance Application ?Z-10, filed by Robert H. Grant Corporation subject to the conditions in the Planning Commission Finding of Fact. Motion was seconded by Councilman Patterson and carried on the following roll call vote: AYES: NOES: ABSENT: Griset, Patterson, Evans, Yarnamoto, Markel Villa, Herrin None In response to a question from Councilman Evans, the City Attorney stated that at the time of Council discussion of the Appeal, the usual degree of notice to property owners was not given; that the matter was continued from March 1972, and that normally notices would not be mailed in the case of a continuance. The Mayor stated that Council had received a letter from the Sandpolnte Homeov~ners' Association requesting a new public hearing; that he is not in favor of this. Councilman Villa stated that if the matter is brought back as a public hearing, it has to be discussed again; that not only did the appellant, Tony Filicicchia say he CITY COUNCIL MINUTES -245- JUNE 26, 1972 RES. 72-67 - APPEAL #296 SANDPOINTE HOMEOWNERS' ASSOCIATION - (Continued) had due notice, but he filed the appeal on behalf of the Sandpointe Homeowners' Association; that he spoke on behalf of the Association and he was an officer of the Association; that if there is a breakdown in communication, that is their problem, within their organization; that therefore, there is no reason for reconsideration. Councilman Herrin asked if this matter was handled in a different manner than other public hearings. The Director of Planning stated it was handled the same as any other. The Mayor stated he has been concerned with the development at the corner of MacArthur and Main; that it is a difficult choice to make; that the Grant Corporation is seeking to develop three acres of the five into R 2-PRD. Councilman Patterson moved to adopt Resolution No. 72-67, with the following changes: (1) That the numb er of three-bedroom units be reduced to 10. (g) That the number of parking spaces-be made to conform to the PRD requirements, or an increase of eight spaces. (3) That the windows be re-designed so that they are not in view of the adjacent R 1 property from the tov~nhouse premises. RECESS present. At 10:50 P.M., a 5-minute recess was declared. The meeting reconvened at 10:55 P.M., with all Councilmen In discussion, it was determined that it would be impossible to eliminate the windowns as suggested. Councilman Patterson amended hiS,motion on point #3 to limit the windows on the second floor units facing the sur~undlng development to one kitchen window per unit. The motion was seconded by Councilman Evans and carried on a 6 - 1 vote, Councilman Yamamoto dissenting. Councilman Villa was excused from the meeting at 11:00 P.M. AMENDMENT APPLICATION #699 The Mayor opened the public hearing MONTEREY PARK LAND COMPANY on Amendment Application #699 filed by Monterey Park Land Company to rezone property on the south side of Segerstrom, east of Raitt Street terminus from MltoR4. The Director of Planning stated that the recommendation of staff and the Planning Commission (Resolution 5993) was for R 1-PRD zoning. Mr. Van Stevens, Pacific Investments, 1840 E. 17th Street, stated that the application was filed prior to the new Council policy; that the applicant supports the recornrnendation of the Planning Commission. CITY COUNCIL MINUTES -246- JUNE 26, 1972 AMENDMENT APPLICATION #699 MONTEREY PARK LAND COMPANY - (Continued} On motion of Councilman Herrin, seconded by Councilman Ev,~ns, and unanimously carried, the public hearing was closed. Councilman Herrin's motion, seconded by Councilman Patterson, to approv~ Amendment Application #699, in accordance with Exhibit A.A. 699-B, and'to instruct the City Attorney to prepare an ordinance changing zoning classification from M 1 to R 1-PRD and amending Sectional District Map 26-5-10, carried on the following roll call vote: AYES: Herrin, NOES: None ABSENT: Villa Patterson, Evans, Griset, Yamamoto, Markel AMENDMENT APPLICATION #701 The Mayor opened the public hearing DONALD R. & NANCY A. SKJERVEN on Amendment Application #701 filed by Donald R. and Nancy A. Skjerven to rezone property on the south side of First Street, 7.68 feet east of Euclid Street, from R 1 to C 2. The Director of Planning stated that staff and the Planning Commission (Resolution 5994) reconan%end C 5 zoning since it would still permit the offices the applicant seeks; however it would limit some of the uses permitted by C 7. which would be obnox{O~ to the surrounding area, such as sheet metal shops, auto body works, etc. Mr. Dale Peterson, statedthit he has an offide at 4'77.8 West First Street; that a number of persons in the area are opposed to C 5 zoning and would prefer the more liberal C 2 zone, and presented a petition to that effect. The petition was received and filed on motion of Councilman Herrin, seconded by Councilman Evans, and unanimously carried. There were no further proponents or opponents in the matter, and the Mayor closed the public hearing. In further discussion, the Director of Planning stated~hat the C 5 zoning requires filing a development plan with the Planning Department before approval, and the applicant has the right to appeal to the Corrtrnission and Council, giving the City greater control over the area. Councilman Herrin's motion, seconded by Councilman Evans, to approve Alnendrnent Application #701 in accordance with Exhibit A.A. 701-B and instruct the City Attorney to prepare an ordinance changing zoning classification from R 1 to C 5 and amending Sectional District IV[ap 16-5-10, carried on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Griset, Yamamoto, Patterson, Markel None Villa CITY COUNCIL MINUTES -Z47- JUNE 7.6, 1972 AMENDMENT APPLICATION #702 The Mayor opened the public hearing LYLE B. MITCHELL on Amendment Application #70Z filed by Lyle B. Mitchell to rezone property located on the north side of McFadden Avenue between Lyon Street and the Atchison, Topeka & Santa Fe Railroad from A 1 to C 1o The Director of Planning stated that this property could have a lot of development problems; that C 5 zoning would require filing a development plan; and that C 5 zoning is recommended by the Planning Commission (Resolution 5997). There were no proponents or opponents in the matter, and the Mayor closed the public hearing. Councilman Herrin's motion, seconded by Councilman Markel, to approve Amendment Application #702 in accordance with Exhibit A. Ao 70Z-B and instruct the City Attorney to prepare an ordinance changing zoning classification from A 1 to C 5 and amending Sectional District Map 17-5-9~ carried on the following roll call vote: AYES: NOES: ABSENT: Herrin, Markel, Evans, Griset, None Villa Yamamoto, Patterson AMENDMENT TO GENERAL PLAN The Mayor opened the public hearing LAND USE AND ARTERIAL STREETS on the proposed amendment to the General Plan Land Use and Arterial Streets Element to establish minimum rights of way widths of 100 feet for all arterial streets in the Warner-South area and to designate Alton Avenue and Greenville Street as "Arterial Streets". There were no proponents or opponents, and the Mayor closed the public hearing. The Mayor stated he would favor a study by the staff of Warner-South area Plan "A" before he would be prepared to amend the General Plan Land Use as proposed. In response to Councilman Evans' question, the Director of Public Works stated the study would take a minimum of three months. The Director of Planning stated that the Planning Department and Commission are rapidly moving to the hearing stage on the Open Space element of the General Plan and that this additional study could be included. Councilman Heroin's motion, seconded by Councilman Patterson, to deny the Amendment to General Plan Land Use and Arterial Streets, refer the matter to staff, and direct them to come back with a report and recommendations, carried on the following roll call vote: AYES: NOES: ABSENT: Herrin~ Patterson, Griset, Yamamoto, Markel Evans Villa By common consent, Council agreed to complete the afternoon agenda prior to consideration of Agenda Item #76. CITY COUNCIL MINUTES -248- JUNE 26, 1972 ORD. NS-11Z3 ABC APPLICATIONS meeting on July 3, 1972.. By general consent of the Council consideration of ORDINANCE NS-1123 was continued to the next regular ORD. NS-1115 ORDINANCE NS-1115, ORDINANCE A.A. #698 OF THE CITY COUNCIL OF THE HOWARD B. LAWSON CITY OF SANTA ANA ON AMEND~ 1ViENT APPLICATION #698 FILED BY HOWARD B. LAWSON TO REZONE FROM R 1 TO R 4 was adopted on motion of Councilman Herrin, seconded by Councilman Patterson, and carried on the following roll call vote: AYES: NOES: ABSENT: Herrin, Patterson, Griset, Markel Evans, Yamamoto Villa RES. 72-66 RESOLUTION 72-66, ARESOLUTION STREET NAME CHANGE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO CHANGE THE NAlv~E OF SHERRY BOULEVARD TO CABRILLO PARK DRIVE was adopted on motion of Councilman Patterson, seconded by Councilman Herrin, and unanimously carried. RES. 72-68 RESOLUTION 72-68 OF THE CITY ARTERIAL HIGHWAY COUNCIL OF THE CITY OF SANTA FINANCING PROGRAM AIWA TO PROVIDE ANNUAL RE- QUALIFICATIONS FOR PARTICIPATION IN THE ARTERIAL HIGHWAY FINANCING PROGR;~iVi was adopted nn motion of Councilman Herrin, seconded by Councilman Patterson, and unanimously carried. RES. 72-69 RESOLUTION 72-69 OF THE CITY SELECT SYSTEM OF STREETS COUNCIL OF THE CITY OF SANTA ANA ADOPTING REVISIONS AND ADDITIONS TO SELECT SYSTEM OF STREETS was adopted on motion of Council.. man Patterson, seconded by Councilman Herrin, and unanimously carried. WARNER SOUTH POLICY The status report dated June on the Warner-SoutA policy was received and ordered filed on motion of Councilman Patterson, seconded by Councilman Yamamoto~ and unanimously carried. SERVICE STATION Report from staff on the Service ENFORCEMENT PROGRAM Station Enforcement Program was continued to the next regular meeting on July 3, t972, on motion of Councilman Herrin, seconded by Councilman Yamamoto, and unanimously carried. CITY COUNCIL MINUTES -249- JUNE 26, 197Z SUMMARY OF COUNCIL REFERRALS motion of Councilman Yamamoto, unanimously carried. Report of pending action items referred to staff by Council :was received and ordered filed on seconded by Councilman Patterson, and SALE OF THORNTON PARK LAND A request from Real Estate Synergistics Company for non- exclusive listing agreement for sale of surplus city-owned property was denied on motion of Councilman Herrin, seconded by Councilman Patterson, and unanimously carried. On motion of Councilman Herrin, seconded by Councilman Patterson, and unanimously carried, the Planning Commission was instructed to hold a hearing, pursuant to the Municipal Code, on zone change from A 1 to R 1 for Tentative Tract #7655. BUDGET TRANSFERS approved the following budget transfers: On motion of Councilman Patterson, seconded by Councilman Yamamoto, and unanimously carried, Council APPROPRIATION ADJUSTMENT #103 - Public Works - To Transfer SZ, 000 from Account #51-532-631 to Account #51-552-631 to carry activity remainder of fiscal year. APPROPRIATION ADJUSTMENT #115 - Recreation - To transfer the following amounts to accounts indicated to carry activity remainder of fiscal year: From To Account Account Amount 23-295-391 23-295-111 $ 400.00 23-296-361 23-296-221 120.00 23-296-391 23-296-2Z1 100.00 ZJ-Z90-111 23-296-511 1, 000.00 APPROPRIATION ADJUSTMENT #116 - Recreation - To transfer the following amounts to accounts indic&~ed to carry activity remainder of fiscal year: From To Account Account Amount 23-290-111 Z3-295-111 $ 100.00 Z3-299-371 23-298-111 3,500.00 23-299-281 23-298-541 200. 00 23-293-241 23-292-361 25.00 23-297-111 Z3-Z95-111 1, 000.00 CITY COUNCIL MINUTES -250~ JUNE 26, 1972 CALIFORNIA FREEWAY AND Section 256 (Streets & Highways Code) EXPRESS SYSTEM Report submitted by the State Depart- ment of Public Works was received and ordered filed on motion of Councilman Patterson, seconded by Councilman Herrin, and unanimously carried. PLANNING COMMISSION On motion of Councilman Patterson, GOALS COMMITTEE seconded by Councilman Herrin, and carried on a 5 - I vote, Councilman Evans dissenting, Council approved in principle the recommendations of the Goals Cornrnittee for 'reorganization o£ the Planning Commission. AMENDMENT TO GENERAL PLAN The Mayor opened the public hearin~ LAND USE AND ARTERIAL STREETS on the l~lanning Commission recorn~ BEAR-RAITT ALIGNMENT dation to amend the General Plan Land Use and Arterial Streets Element relating to the Bear-Raitt Alignment proposed in Planning Commission Resolutlon Noo 599L The Assistant Director of Public Works stated that the realignment of Bear/Raitt Street was given further study due to the development in the Warner-South area which was greater than had been anticipated in the General Plan; that due to the revised vehicle traffic estimates, it was concluded that the best realignment would be to continue Bear Street north to Segerstrom and Raitt Street south to Sunflower; that Raitt and Bear Streets with 100-feet right-of-way widths should provide ample room for traffic, landscaping, hiking trail, bike trail; that the two roadways would carry eight lanes of traffic; that most of the traffic dissipates within that area; and that the proposed alignment would more easily accommodate the east-west t raffic. RECESS men present. A five-minute recess was declared at 11:55 P.M. The meeting reconvened at 12:00 Midnight with the same Council- BEAR/RAITT ALIGNMENT (Cont.) Mr. Van Stevens, 1840 E. 17th Stree~ representing Monterey Park Land Corporation, referred to aletter and enclosures dated April 21, 1972, from the Monterey Park Land Corporation, which had been provided the Council. He stated that the realignment plan suggested in that letter had received some support from City offices and the Planning Commission, and that home o%~-ners in the area do not oppose it, though they do not support it; that the amount of land his company has been required to dedicate has reduced their acreage from Z0 acres to approximately 15. ~ Mr. Richard Lyon, 1409 E. Bay Avenue, Balboa, representing C.J. Segerstrom & Sons, stated they are in opposition to the proposed alignment. CITY COUNCIL MINUTES -251- JUNE 26, 1972 BEAR/RAITT ALIGNMENT (Cont. Mr. Martin Bouman%, Alan M. Voorhees & Company, 5252 Balboa Avenue, San Diego, stated that his company has conducted a traffic study of the area for the Segerstrom family; that their best estimate of ~raf£ic to be generated is 31, 000 vehicles; that the City is trying to protect the people in this area from through traffic, but by splitting it and requiring a series of right and left turns, these people would be penalized; that the proposed plan would require signalization of eight intersections created by it; that it would require seven additional acres of land for street rights-of-way; and that construction costs would be $125,000 more. There were no further proponents or opponents, and the Mayor closed the public hearing. The Mayor stated that his basic feeling is that a through route is needed from north to south to help relieve the traffic on Bristol and Fairview. Councilman Herrln stated he was in favor of the two streets; that dividing the property into parcels difficult to develop is a danger of the curvature of the street. Councilman Herrin's motion, seconded by Councilman Evans, to instruct the City Attorney to prepare the appropriate resolution to amend the Arterial Streets and Highways Element of the Genera~ Plan as recommended by the Planning Commission, and to direct the Planning Commission to conduct public hearing to consider adding the segment of Bear Street between Alton and Segerstrom Avenues, carried on the following roll call vote: AYES: Herrin, NOES: Griset, ABSENT: Villa Evans, Patterson, Markel Yamamoto ORAL COMMUNICATIONS Councilman Evans presented two communications he had received concerning requests for a stop sign at the intersection of Judit.h Lane and King Street and a street vacation in the yicfnfty- of the 1100 block of S. Olive Street. The communications were received and ordered filed on motion of Councilman Evans, seconded by Councilman Herrin, and unanimously carried. ADJOURNMENT in the Mayor's Office, The meeting was declared adjourned at 12:40 A. Mo to June 29, 1972 at 7:00 P. Mo, City Hall, 217 North Main Street. Florence I. Malone Clerk of the Council CITY COUNCIL MINUTES -252- JUNE 26, 1972