HomeMy WebLinkAbout06-04-1973MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA
June 4, 1973
The meeting was called to order at 2:10 P.M. in the Council
Chambers of the City Hall, 22 Civic Center Plaza, with the
following ~ouncilmen present: John Garthe, Lorin Griset, J.
Ogden Markel, James E. Ward, Harry K. Yamamoto, and Mayor
Jerry M. Patterson. Also present were City Manager Bruce C.
Spragg, City Attorney James A. Withers, Director of Planning
Charles C. Zimmerman, Director of Public Works Ronald Wolford,
and Clerk of the Council Florence I. Malone.
COMMUNITY REDEVELOPMENT At 2:10 P.M., Council
AGENCY recessed to convene the
Community Redevelopment
Agency. The meeting reconvened at 2:15 P.M. with the same
Councilmen present.
MINUTES The Minutes of the Regu-
lar Meeting of May 21,
1973, were unanimously
approved as submitted on a 6 - 0 vote, on motion of Councilman
Griset, seconded by Councilman Yamamoto, with an addition to
the paragraph entitled "ORAL COMMUNICATIONS, LEAGUE OF CITIES
CONFERENCE", on page 176, requested by Councilman Yamamoto,
as follows:
"Councilman Yamamoto explained that the
picketing had taken place as a result of
the Elks Club restriction to an all-white
membership and had not been a reflection
upon, or criticism of, the League of
Cities." (CA 148)
CONSENT CALENDAR The following Agenda items
were removed from the Con-
sent Calendar: Item 2 B
requested by Mayor Patterson; Items 7 A and 7 B requested by
Councilman Ward; Items 5 E and 10 A requested by Councilman
Yamamoto; and Items 3 A, 3 B, 7 D and 14 B requested by Council-
man Markel.
On motion of Councilman Griset, seconded by Councilman Garthe,
and unanimously carried on a 6 0 vote, Council affirmed the
recommended action on the following Consent Calendar items, with
the exception of a NO vote by Councilman Yamamoto on Agenda
items 5 A, 5 B, 5 C, and 5 D (Alcoholic Beverage Control Appli-
cations):
BID CALLS Authorized the expenditure
of Gas Tax funds (Account
No. 59-551-631) in the
amount of $54,000 for Project 2030; approved Appropriation
Adjustment No. 101 in conjunction with Project 4026; and
approved plans and specifications, and authorized advertise-
ment for bids on the following:
PROJECT 2030 Construct Cabrillo Park Drive
from Fourth Street to Fruit Street; opening
date June 26, 1973, 2:00 P.M. (CA 89 F)
CITY COUNCIL MINUTES
183 JUNE 4, 1973
CONSENT CALENDAR - Continued
PROJECT 4026 - Construct V-2 Storm Drain in
Fourth Street from F-il Channel to Cabrillo
Park Drive and in Cabrillo Park Drive from
Fourth Street to Fifth Street; opening date
June 26, 1973, 2:00 P.M. (CA 89 G)
PROJECT 4027 - Construct storm drain catch
basin and connector pipe at Warner Avenue and
Van Ness Avenue; opening date June 26, 1973,
2:00 P.M. (CA 89 G)
BID AWARDS
most responsible bidder:
Awarded contracts as
follows on the basis
of lowest, best and
SPEC. 73-011 - Playground equipment for
Mabury Park Awarded contract to Nieder-
meyer-Martin Co., Portland, Oregon. (CA 89
SPEC. 734-111 - Asbestos Cement Pipe,
Annual requirement. Awarded contract
Marden Susco, Santa Ana. (CA 89 D)
to
SPEC. 734-118 Cast Iron Fittings for
AC Water Pipe, Annual Requirement.
Awarded contract to Parkson, Inc., Santa
Fe Springs. (CA 89 D)
SPEC. 734-120 Gate Valves, Annual
requirement. Awarded contracts as follows:
Hanson's Water Works, Anaheim, for 3", 4",
6", 8" and 10" Flange Flange; 6", 8" and
12" Ringtite; 4", 10", 12" Tyton and 4",
6", 8", 10" Ringtite Flange Gate Valves;
Marden Susco, Santa Ana, for 12" Flange
Flange; 3", 4", 10", Ringtite; 6" and
8" Tyton; 12" Ringtite Flange and 3"
Flanged Only Gate Valves; ITT Grinell,
Los Angeles, for 2" Flanged Only Gate
Valves. (CA 89 D)
SPEC. 734-121 - Butterfly Valves, Standard
Annual requirement. Awarded contracts as
follows: Marden Susco, Santa Ana, for 14"
Ringtite, 14" Flexible Coupling, 16" Flexible
Coupling, 18" Flexible Coupling, 14" Flanged,
18" Flanged; Hanson's Water Works, Anaheim,
for 16" Ringtite; Parkson, Inc., Santa Fe
Springs, for 18" Ringtite and 16" Flanged.
CCA 89 D)
SPEC. 734-122A and 734-122B - Tapping Sleeves
and Tapping Gate Valves, Annual requirement.
Awarded contracts as follows: Marden Susco,
Santa Aha, for SPEC. 734-122A; for SPEC. 734-
122B awarded to Marden Susco, Santa Ana,
Ringtite and Mechanical Joint Tapping Gate
Valves; awarded to Parkson, Inc., Santa Fe
Springs, Tyton Tapping Gate Valves.
(CA 89 D)
CITY COUNCIL MINUTES
184
JUNE 4, 1973
CONSENT CALENDAR - Continued
TRAFFIC
installed May 22,
(CA 15.3a)
1973 through May 24,
Received and ordered
filed report of control
devices removed or
1973, inclusive.
ALCOHOLIC BEVERAGE With Councilman Yamamoto
LICENSE APPLICATIONS dissenting, received and
ordered filed the follow-
ing Alcoholic Beverage License Applications:
JIMENEZ, Ricardo R., 116 E. Fourth Street,
Person to Person Transfer, On Sale Beer.
(CA 146)
BUTTERFIELD, Woodrow, 220 E. Third Street,
Person to Person Transfer, On Sale Beer.
(CA 146)
WINSTON, Jack R. and Norma K., 1117 W. 17th
St., Person to Person Transfer, On Sale Beer
(Application withdrawn). (CA 146)
MILLA, Brigitte I., 1211 E. First St., Person
to Person Transfer, On Sale Beer. (CA 146)
SOLICITATION APPLICATIONS
Approved the following
solicitation applications:
YOUTH COMMITTEE OF SOUTH COMMUNITY CENTER,
Ticket sales to dinner in Delhi Park, July 7,
1973, to buy softball uniforms and pay
insurance costs for teams consisting of high
school students; from June 12, 1973 to July 7,
1973, inclusive. (CA 91)
MINOR EXCEPTIONS AND
VARIANCES
Received and ordered
filed the following
applications:
VA 73-24, R. J. & R. M. ELLEBOUDT - To permit
encroachment of a commercial building into
the R 1 B zone and also to allow required park-
ing on a lot which is not contiguous; APPROVED.
(CA 13)
VA 73-27, JAMES PYLES - To allow meat cutting
and packaging in the C 2 District at 802 E.
Third Street; APPROVED. (CA 13)
EX 73-10, MARTIN INVESTMENT CO. To waive
opaque fencing for a portion of the storage
area (Sec. 41-473) in the M 1 District at
1615 E. St. Gertrude Place, APPROVED. (CA 13.2)
EX 73-11, JOE CENATIEMPO - To allow on sale
liquor in an existing restaurant within 300'
of a residential district in the C 2 District
at 2821 S. Bristol Street; APPROVED. (CA 13.2)
CITY COUNCIL MINUTES 185 JUNE 4, 1973
CONSENT CALENDAR - Continued
DEEDS, NO CASH Received and ordered
GRANTEE, CITY filed a report of
No-Cash Deeds accepted
by the City Manager, pursuant to Resolution #69-156,
from May 17, 1973 through May 30, 1973, inclusive.
(CA 155; Deeds S226 - 5229, S231 & 5232)
TENTATIVE PARCEL MAP
Director's report:
Approved the following
map subject to conditions
contained in the Planning
TENTATIVE PARCEL MAP #813 - Filed by Santa-
metrics Properties, creating four (4) M 1
parcels to be used for industrial facilities
located generally on the southeast corner
of Harvard Street and Yale Street. (CA 25)
FINAL TRACT MAP
and authorized execution of the
on the following:
Approved the final map,
accepted the dedications
thereon, and the bonds,
subdivision agreement,
MAP #8236 South side of Segerstrom Avenue
between Fairview Street and Greenville Street,
six (6) lots. (CA 24)
CHANGE ORDERS
Approved the following
Change Order:
PROJECT T-146, Traffic signal modification at
the intersection of the northeast corner of
Harbor Blvd. and Warner Avenue; Change Order
#1, increasing in the amount of $371.00. (CA 89 B)
SURPLUS PROPERTY
property:
Declared surplus and
authorized the demoli-
tion of the following
SURPLUS PROPERTY #73-7 for improvements located
at 111 North Flower Street, acquired in connec-
tion with Project 1349 - Flower Street, Pine to
Santa Aha Boulevard. (CA 45)
BUDGET TRANSFERS
Authorized transfer of
funds as follows:
APPROPRIATION ADJUSTMENT NO. 102 to transfer
$8,500.00 from Account No. 11-000-911 to Account
No. 11-116-191 as shown in the report dated
May 29, 1973. (CA 65.3)
CITY COUNCIL MINUTES 186 JUNE 4, 1973
CONSENT CALENDAR - Continued
APPROPRIATION ADJUSTMENT NO. 103 to transfer
$2,000.00 from Account No. 11-511-311 to
Account No. 51-511-641 as shown in the report
dated May 3, 1973. (CA 65.3)
* * ~ * ~ * * * CONSENT CALENDAR FINIS
BID AWARD
SPEC. 736-104
unanimously carried on a 6 0
as follows on the basis of the
bidder:
On motion of Councilman
Griset, seconded by
Councilman Ward, and
vote, Council awarded contract
lowest, best and most responsible
SPEC. 736-104 - Comprehensive Bodily Injury, Personal
Injury and Property Damage Liability Insurance and
Excess Umbrella Liability Coverage; contract awarded
to Harrison, Zeppegno & Bristol, Inc., Santa Ana,
agents for Insurance Co. of the Pacific Coast.
Prior to voting, Mr. Virgil R. Howell, President of Mund,
McLaurin & Company, Insurance Analysts, 600 South Commonwealth
Avenue, Los Angeles, spoke in favor of the award, referring
to the contents of his letter of May 23, 1973, which set
forth reasons for recommending the award.
Mr. John Yeargin, Partner and General Manager of Tausch
Insurance Brokers, 2700 N. Main, the other bidder on the
specifications, spoke in opposition to the award, stating
that the company of Pacific Indemnity was superior to
Insurance Company of the Pacific Coast in that it was highly
experienced in City business; that it would remain faithful
to the City in the face of an adverse loss ratio; that it
had been the carrier for the City for five or six years and
that a change in companies would result in a loss of continuity
of claim service as well as other benefits derived from a
lengthy association. (CA 89 G)
MODIFICATION AGREEMENT
AND ESCROW INSTRUCTIONS
ST. LUKE'S M~THODIST CHURCH
on a 6 - 0 vote, Council approved the
and authorized their execution by the
On motion of Councilman
Griset, seconded by
Councilman Yamamoto,
and unanimously approved
following agreements
Mayor and Clerk:
Modification of Agreement between the City and St.
Luke's United Methodist Church for City purchase
of improved property known as St. Luke's United
Methodist Church, 2215 West McFadden. (A-73-31)
Escrow Instructions - Purchase of St. Luke's Methodist
Church. (A-73-31)
ALCOHOLIC BEVERAGE
LICENSE APPLICATION
was seconded by Councilman Markel,
a 6 - 0 vote:
Councilman Garthe's motion
to receive and file the
following ABC application
and unanimously carried on
CITY COUNCIL MINUTES 187 JUNE 4, 1973
PRESTIGIACOMO, C. P., 3850 S. Plaza Drive,
Original, Supplemental to replace original
dated 5-9-73 changing from Off Sale Beer &
Wine to On Sale Beer & Wine. (CA 146)
VA 73-19 Variance Application 73-19
FLOYD AND RUTH THOMPSON filed by Floyd and Ruth
Thompson, to use a portion
of a single family resi-
dence as a vacuum cleaner shop in the R 1 zone at 1323 W.
Edinger, recommended for approval by the Planning Commission,
was received and filed on motion of Councilman Griset, seconded
by Councilman Yamamoto, and carried on a 4 - 2 vote, with
Councilman Ward and Mayor Patterson dissenting.
Prior to voting, Councilman Ward stated that he felt the business
should be established in a commercial area instead of an R 1
District.
Mayor Patterson observed that the applicants had not applied
for a zone change, and stated that he felt the matter should
be set for public hearing. (CA 13)
VA 73-20 Variance Application 73-20
ANCIENT VALLEY PROPERTIES filed by Ancient Valley
Properties, to allow
installation of a sign
not permitted by the Code in the C D District at 811 North
Broadway, recommended for approval by the Planning Commission,
was set for public hearing at the next Council Meeting, on
motion of Councilman Ward, seconded by Councilman Markel, and
unanimously carried on a 6 - 0 vote. (CA 13)
VA 73-25 Variance Application 73-25
KENNEDY INVESTMENT filed by Kennedy Investment,
to allow a temporary office
trailer for a maximum of
two years in the R 2 District at 711 North Fairview Street,
recommended for approval by the Planning Commission, was received
and filed on motion of Councilman Griset, seconded by Councilman
Ward, and carried on a 4 - 2 vote, with Councilmen Yamamoto
and Markel dissenting. (CA 13)
TENTATIVE PARCEL MAP Tentative Parcel Map #811
#811 filed by John E. Fowler,
creating four (4) C 4
parcels to be used for
retail commercial facilities, located generally on the southwest
corner of Harbor Boulevard and Hazard Avenue, was approved, and
the alley requirement was waived, on motion of Councilman
Griset, seconded by Councilman Ward, and carried on a 5 1
vote, with Councilman Yamamoto dissenting.
Prior to voting, Councilman Yamamoto stated that he did not
believe that there should be C 4 zoning next to R 1 property,
and expressed concern that the nearby residents had not been
notified of the proposed parcel map. (CA 25)
SPR # 73-8
1435 WEST FIRST STREET
On motion of Councilman
Griset, seconded by
Councilman Ward, and
carried on a 5 - 1
CITY COUNCIL MINUTES
188 JUNE 4, 1973
vote, with Councilman Markel voting NO, Council declared surplus
and authorized demolition of the following property:
SPR #73-8 for improvements located at 1435 West
First Street (NS/First, ES/Pacific), acquired in
connection with Project 1276 Section IV, First
Street, Hesperian to Townsend Streets. (CA 45)
READING WAIVED The full reading of
ordinances and resolu-
tions which appeared
on the public Agenda
was waived on the unanimously approved motion of Councilman
Griset, seconded by Councilman Ward, which carried on a 6 0
vote.
ORD. NS-1163 AN ORDINANCE OF THE
AMENDING MUNICIPAL CODE CITY COUNCIL OF THE
HIGH RISE BUILDINGS CITY OF SANTA ANA
AMENDING AND ADDING
TO CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE FOR THE PURPOSE
OF ADOPTING AN AMENDMENT TO THE 1970 EDITION OF THE UNIFORM
BUILDING CODE CONCERNING LIFE-SAFETY PROVISIONS FOR HIGH RISE
RESIDENTIAL AND OFFICE BUILDINGS was adopted on motion of
Councilman Griset, seconded by Councilman Yamamoto, and carried
on the following vote:
AYES: Griset, Yamamoto, Markel, Garthe, Patterson, Ward
NOES: None
ABSENT: Evans (CA 87; CA 74)
ORD. NS-1164 AN ORDINANCE OF THE
S.P.S.A. NO. 28 CITY COUNCIL OF THE
CITY OF SANTA ANA
ADOPTING SPECIFIC PLAN
FOR STREET ALIGNMENT NO. 28, AND ADDING SECTION 41-745 TO
THE ZONING ORDINANCE OF THE SANTA ANA MUNICIPAL CODE was
adopted on motion of Councilman Griset, seconded by Councilman
Yamamoto, and carried on the following vote:
AYES: Griset, Yamamoto, Garthe, Patterson, Ward
NOES: Markel
ABSENT: Evans
(CA 29.7; CA 74)
ORD. NS-1165 AN ORDINANCE OF THE
A.A. #717 CITY COUNCIL OF THE
PLANNING COMMISSION CITY OF SANTA ANA
APPROVING AMENDMENT
APPLICATION #717 FILED BY SANTA ANA PLANNING COMMISSION TO
REZONE PROPERTY LOCATED BETWEEN HARBOR BLVD. AND WEST STREET;
WESTMINSTER AND HAZARD AVENUES FROM R 2 TO C 2 AND R 2B AND
AMENDING SECTIONAL DISTRICT MAP 9-5-10 (EXHIBIT A.A. ?lT-A)
was adopted on motion of Councilman Griset, seconded by
Councilman Ward and Carried on the following vote:
AYES: Griset, Ward, Markel, Garthe, Yamamoto, Patterson
NOES: None
ABSENT: Evans (CA 10)
CITY COUNCIL MINUTES 189 JUNE 4, 1973
ORD. NS-1166 AN ORDINANCE OF THE
UNLAWFUL EXPOSURE CITY COUNCIL OF THE
CITY OF SANTA ANA
REPEALING ARTICLE III
OF CHAPTER 12 AND AMENDING AND ADDING SECTION 12-1 THROUGH
12-9 OF ARTICLE i CHAPTER 12 MAKING IT A MISDEMEANOR FOR THE
UNLAWFUL EXPOSURE OF PRIVATE PARTS AND FEMALE BREASTS WHILE
ACTING OR EMPLOYED AS A WAITER, WAITRESS OR ENTERTAINER IN
AN ESTABLISHMENT SERVING FOOD AND BEVERAGES, INCLUDING BUT
NOT LIMITED TO ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE
PREMISES was adopted on motion of Councilman Griset, seconded
by Councilman Yamamoto, and carried on the following vote:
AYES: Griset, Yamamoto, Markel, Garthe
NOES: Patterson, Ward
ABSENT: Evans (CA 149; CA 74)
RES. 73-59 A RESOLUTION OF THE
CUP ?3-3 CITY COUNCIL OF THE
APOSTOLIC ASSEMBLY OF FAITH CITY OF SANTA ANA
IN JESUS CHRIST UPHOLDING THE DECISION
OF THE PLANNING COMMIS-
SION OF THE CITY OF SANTA ANA AND APPROVING CONDITIONAL USE
PERMIT 73-3 FILED BY THE APOSTOLIC ASSEMBLY OF FAITH IN
JESUS CHRIST was adopted on motion of Councilman Ward, seconded
by Councilman Yamamoto, and carried on the following vote:
AYES: Ward, Yamamoto, Markel, Garthe, Patterson, Griset
NOES: None
ABSENT: Evans (CA 13.4)
POSTAL SERVICE Council considered the
CURBSIDE BOXES letter from the City of
Placentia dated May 14,
1973, requesting considera-
tion of a ruling by the U.S. Postal Service which requires rural
type curb side mail boxes in some new housing tracts, and the
letter from the Santa Ana Postmaster dated June 1, 1973 explain-
ing the position of the U. S. Post Office.
After discussion, Council referred the matter to staff for a
report at the .June 25 meeting, on motion of Councilman Griset,
seconded by Councilman Yamamoto, and unanimously carried on a
6 0 vote. (CA 78)
WHEELCHAIR BASKETBALL Council considered the
letter dated May 23, 1973
from Mr. James M. Worth,
Team Representative of
the Santa Ana Raiders, a Wheelchair Basketball Team, requesting
time for an oral presentation.
The Mayor acknowledged that Mr. Worth was in the audience and
invited him to speak.
Mr. Worth stated that he had appeared before Council on
November 6, 1972 requesting assistance for the team, and had
been told by the Recreation and Parks Department that there
was no provision in the budget for financial assistance,
although they would be glad to help with facilities which had
CITY COUNCIL MINUTES 190 JUNE 4, 1973
been no problem at that time; that he was coming to Council
with an alternative proposal - that they sponsor the team and
consider a special budget item in the sum of $2,500.00 per year
for the first year and every year thereafter as long as the
team played in the National Tournament; that if they failed
to make it to the National Tournament, Council could then
reduce the amount as they wished.
Mr. Billy C. Hall, Executive Director of the City Center
Association, spoke in support of the proposal, and suggested
to Council that City sponsorship of the team might increase
civic pride.
After discussion, Council referred the proposal to staff on
motion of Councilman Markel, seconded by Councilman Yamamoto,
and unanimously carried on a 6 - 0 vote.
Prior to voting, the Mayor requested Mr. Worth to provide
staff with information regarding the team's budget and a list
of names and addresses of their team members. (CA 52)
LEAGUE OF CALIFORNIA The letter from the City
CITIES of Costa Mesa dated May 23,
1973, seeking support of
their resolution request-
ing the League of California Cities to establish a committee
on government economy and efficiency was received and filed
with the comment that there was no need to set up a study for
efficiency - that it would be done locally; on motion of
Councilman Griset, seconded by Councilman Markel, and unanimously
carried on a 6 - 0 vote. (CA 148)
CIVIC CENTER Council considered the
MASTER PLAN minutes of the May 14
meeting of the Civic
Center Commission con-
cerning the updating of the Civic Center Master Plan, and
Resolution Numbers 58 and S9 of the Governing Board of the
Civic Center Authority, both dated May 29, 1973.
After discussion, Councilman Griset moved to continue considera-
tion of the matter until the Council meeting following completion
of the existing County-City Joint Parking Study or as soon
thereafter as possible, and to instruct staff to encourage the
County to follow the policy established by Council to delegate
as much authority as possible to the Civic Center Commission
to enable them to accomplish their goals. The motion was
seconded by Councilman Yamamoto and unanimously carried on
a 6 - 0 vote. (CA 77.14)
SPEC. 734-105 AND 734-106 The Purchasing Agent,
GASOLINE AVAILABILITY Don Ramsey, gave an oral
report on gasoline avail-
ability in accordance
with the request made by Council on May 21, 1973 for a report
at each Council meeting until the current contract for gasoline
expired on June 30, 19~.
He stated that a proposal had been received from Standard Oil
Company of California to supply the Fire Department with
26,000 gallons of premium, however, they had made no proposal
for other city departments; that negotiations were pending
with Shell Oil Company for the remainder of the gasoline
CITY COUNCIL MINUTES
191 JUNE 4, 1973
requirements; that they expected to have some firm information
from Shell prior to the next Council meeting; that it was
expected that the City would receive some preference over cer-
tain other cities in that the City had been their customer for
several years; that he had communicated with the City of Long
Beach and learned that they had the capability of refining
20,000 gallons of gasoline per day and were considering doing
so, and that it was his suggestion that the City be put on
their list of prospective purchasers; that the City tanks had
been filled and that when the current contract expired on
June 30, there would be one month's supply on hand.
In response to a question from Councilman Griset regarding the
public interest insofar as emergency vehicles were concerned,
he further stated that there were certain Federal guidelines
but there had been no enforcement of them; that there were
some investigations currently underway which might result in
enforcement. ~
Councilman Markel inquired as to whether or not the various
departments were bearing down in an effort to economize on
gasoline.
The City Manager stated that he had appointed a task force of
department heads to consider various alternatives in the event
the gasoline shortage became more serious; that the patrol
fleet of the Police Department consumed the most gasoline;
and that both the Police Department and the Fire Department
would take priority over other departments in the use of fuel.
(CA 89 G)
PROPOSED REORGANIZATION The City Manager referred
OF POLICE DEPARTMENT to the Police Department
Organizational and Man-
power Distribution Study -
1973, which had been distributed to Council on May 7, 1973, and
stated that the Department had not proposed any major reorgani-
zation plan for at least fifteen years; that the Department's
crime solution rate was running about 40% which was almost
double the national average, and spoke highly of their effec-
tiveness and competency, despite a continuing increase in the
crime rate; and that the fiscal amounts necessary to implement
the proposed reorganization were incorporated into the proposed
budget for 1973-74.
Police Chief Davis gave an oral presentation on the proposed
reorganization explaining many of the graphs and charts con-
tained in the study. Chief Davis stated that the City had
obtained the study from the Commission on Peace Officer Stan-
dards and Training at no cost; that similar studies cost as
much as $30,000.00; that the proposed reorganization gave
the department the proper building base for future population
growth. (CA 47)
RECESS
Councilmen present.
At 4:45 P.M., a recess
was declared. The
meeting reconvened at
5:00 P.M. with the same
CITY COUNCIL MINUTES
192 JUNE 4, 1973
OVERNIGHT PARKING Council considered the
report of the Director
of Public Works dated
May 23, 1973 which
recommended the repeal of Section 36-144 of the Municipal Code
relating to parking on certain streets between the hours of
2 A.M. and 6 A.M.
Council continued its consideration of the matter until the
next Council meeting on motion of Councilman Griset, seconded
by Councilman Ward, and unanimously carried on a 6 - 0 vote.
(CA 18; CA 81.1)
MISCELLANEOUS PROJECTS The list of miscellaneous
FOR CIVIC CENTER projects for the Civic
Center contained in the
Report of the Director
of Public Works dated May 30, 1973, was approved on motion of
Councilman Griset, seconded by Councilman Yamamoto, and
unanimously carried on a 6 - 0 vote. {CA 77.11)
AGENDA ORDER
informal unanimous consent.
Agenda item 59 (Capital
Improvement Program, 1973-
1978) was deferred to the
evening meeting by
ORAL COMMUNICATIONS Councilman Griset's motion
to authorize travel and
attendance expenses for
each Councilman at the
National League of Cities Annual Conference of Mayors in San
Francisco from June 16 through June 20, 1973, was seconded
by Councilman Yamamoto, and unanimously carried on a 6 - 0
vote. (CA 80)
Councilman Griset's absence from the May 7, 1973 Council Meeting
was authorized by informal unanimous consent. (CA 80)
AMENDMENT TO GENERAL PLAN Council considered the
COMMUNITY REDEVELOPMENT Report of the City
PROJECT AREA Attorney dated June 4,
1973 recommending an
Amendment to the General Plan by adding three documents thereto
pertaining to the Community Redevelopment Project Area.
Councilman Griset moved to:
Refer to the Planning Commission the proposed amendment
to the General Plan adding three documents to the General
Plan of the City of Santa Ana pertaining to the City of
Santa Ana Community Redevelopment Project Area which three
documents consist of:
Building Inspection Summary by the Director of
Building Safety and Housing dated May 15, 1973;
b. Building Condition Summary; and
A map pertaining to the Building Condition
Summary; and adding to the General Plan a
finding by the Planning Commission that the
CITY COUNCIL MINUTES 193 JUNE 4, 1973
aforedescribed documents show the areas in
which conditions are found indicating the
existence of blighted areas within the
City of Santa Ana Community Redevelopment
Project Area;
o
Instruct the Clerk of the Council to publish notice of
a Public Hearing to be held on June 25, 1973 on the
proposed amendment to the General Plan no later than
June 14, 1973.
The motion was seconded by Councilman Garthe, and unanimously
carried on a 6 - 0 vote. (CA 78.3; CA 82)
ORAL COMMUNICATIONS The City Manager presented
PROPOSED BUDGET to Council the Proposed
Annual Budget for 1973-74,
and stated that the Budget
needed to be adopted before the end of July, 1973, and that
Council might wish to hold budget study sessions prior to that
time.
After discussion, Council set Budget Study Session #1 for Thursday,
June 21, 1973, from 4:00 P.M. to 6:00 P.M. in Room 831 of the
City Hall; and authorized the Clerk to publish a Notice of
Public Hearing on adoption of the proposed budget to be held
on July 16, 1973, by informal unanimous consent. (CA 65)
USE OF PUBLIC PROPERTY The following Application
SUNSET LITTLE LEAGUE for Special License to Use
Public Property was denied
on motion of Councilman
Garthe, seconded by Councilman Markel, and unanimously carried
on a 6 - 0 vote:
SUNSET LITTLE LEAGUE, to open a fireworks stand
on the northeast corner of Raitt at McFadden,
from June 28, 1973 to July 4, 1973, 12:00 Noon
to 10:00 P.M. (CA 45.1)
RECESS
At 5:25 P.M., Council
recessed to a joint dinner
meeting with the Planning
Commission.
RECONVENE
At 7:40 P.M., the meeting
was reconvened with the
same Councilmen present.
PLEDGE OF ALLEGIANCE There was a flag ceremony
led by Girl Scout Cadet
Troop 1473, which included
a Color Guard. There
were seven Girl Scouts participating in the ceremony; Mrs.
Jean Casey is the leader. (CA 9.10)
INVOCATION
CITY COUNCIL MINUTBS
194
The invocation was given
by Reverend Wilbur Parry,
Jr., Camile Christian
Church. (CA 80.17)
JUNE 4, 1973
COMMUNITY SPOTLIGHT
SENIOR CITIZENS CLUB
presentation.
The Mayor acknowledged
the Senior Citizens Club
of Santa Ana, who had
been invited to give a
Mr. Mark Vogel, President, gave a brief history of the formation
of the group and told of some of their activities. He also
made a plea to Council for assistance in obtaining a new Senior
Citizens Recreation Center, and some kind of low-cost housing
for Senior Citizens. He stated that the group was so large
(membership of 525) that the present center on Cypress Street
could not accommodate their gatherings and that they were
ashamed to invite other Senior Citizens Clubs to Santa Ana
due to the poor condition of their clubhouse.
The Mayor stated that Council was well aware of the need of
Senior Citizens for low income housing and acknowledged that
a petition had been filed with the Housing Authority to that
effect; that all housing funds had been frozen and that there
was presently no funding available, but that efforts would
continue to obtain the funding. Regarding the clubhouse, the
Mayor stated that the City was requesting approximately
$300,000 from Orange County Revenue Sharing Funds for the pur-
pose of developing a new Senior Citizens Service Center, and
he requested staff to notify Mr. Vogel and other members of
the Senior Citizens Club of the meetings concerning the
Orange County Revenue Sharing Funds. (CA 9.3)
SPECIAL PRESENTATION The Mayor presented a
HUMAN RELATIONS COMMISSION Certificate of Apprecia-
tion to Rae Arroyo in
recognition of her ser-
vice to the City as a member of the Human Relations Commission.
(CA 131.Z)
PUBLIC HEARING The Mayor opened the
AMENDMENT APPLICATION #718 public hearing on
SAKIOKA Amendment Application
#718 filed by Jack
Sakioka, Toshiki Sakioka and Johnny Sakioka to prezone property
located on the west side of the Newport Freeway, southeast of
the intersection of Grand and Warner Avenues from the M 1
District (in Orange County) to the M 1 District in the City of
Santa Ana.
The Planning Director reviewed the Findings of the Planning
Commission dated April 23, 1973, and Planning Commission
Resolution No. 6032, recommending approval of the application.
The Clerk reported that a Certificate from the Secretary of
State had been received on the territory involved designated
as "Warner and Grand South Annexation", dated May 25, 1973.
Mr. Lee W. Phelps, of B. H. Miller Construction Co., 2152
Dupont Drive, Irvine, representing the applicants, spoke in
favor of the application.
There were no other proponents and no opponents, and the Mayor
closed the public hearing.
The Final Environmental Impact Report for Amendment Application
#718 was unanimously approved and filed on a 6 0 vote on
motion of Councilman Yamamoto, seconded by Councilman Garthe.
CITY COUNCIL MINUTES 195 JUNE 4, 1973
ORDINANCE NS-1167 APPROVING AMENDMENT APPLICATION 718 FILED
BY JACK SAKIOKA, TOSHIKI SAKIOKA, AND JOHNNY SAKIOKA TO PREZONE
PROPERTY PRESENTLY UNINCORPORATED FROM M1 (IN ORANGE COUNTY)
TO THE Mi DISTRICT IN THE CITY OF SANTA ANA AND AMENDING SEC-
TIONAL DISTRICT MAP 29-5-9 (EXHIBIT A.A. ?18-A) was passed to
second reading on motion of Councilman Yamamoto, seconded by
Councilman Markel, and carried on the following vote:
AYES: Yamamoto, Markel, Garthe, Patterson, Ward, Griset
NOES: None
ABSENT: Evans (CA 10; CA 94)
PUBLIC HEARING
DRAINAGE ASSESSMENT FEES
NS-1168
Schedule Amendment to the Public
Element of the General Plan.
The Mayor opened the
public hearing on the
proposed revision to the
Local Drainage Area Fee
Services and Facilities
The Clerk reported there were no written communications.
The Director of Public Works summarized the contents of his
report dated March 8, 1973.
Mr. Carl Schwarz, 702 Mabury, speaking on behalf of the Mabury
Homeowners Association and the Citizens for Fair Zoning
Association, stated that they were in favor of the proposal.
There were no other proponents and no opponents in the matter,
and the Mayor closed the public hearing.
ORDINANCE NS-1168 AMENDING SANTA ANA MUNICIPAL CODE SECTION
34-193 RELATING TO LOCAL DRAINAGE AREA FEE SCHEDULE was passed
to second reading on motion of Councilman Griset, seconded by
Councilman Markel, and carried on the following vote:
AYES: Griset, Markel, Garthe, Yamamoto, Patterson, Ward
NOES: None
ABSENT: Evans
(CA 70; CA 78.3)
PUBLIC HEARING The Mayor opened the
UNDERGROUND UTILITY DISTRICT NO. 6 public hearing on the
RES. 73-60 proposed establishment
of an underground utility
district bordering 17th Street from College Avenue to Bristol
Street.
The Director of Public Works summarized the contents of his
report dated May 30, 1973.
The Clerk reported there were no written communications.
Mr. Ernest Norton, Assistant Superintendent, Rancho Santiago
Junior College District, spoke in favor of the proposal,
stating that the underground utilities would enhance the
appearance of the Santa Ana College.
There were no other proponents and no opponents in the matter,
and the Mayor closed the public hearing.
CITY COUNCIL MINUTES 196 JUNE 4, 1973
RESOLUTION 73-60 - ESTABLISHING UNDERGROUND UTILITY DISTRICT
NO. 6 was adopted on motion of Councilman Griset, seconded
by Councilman Markel, and carried on the following vote:
AYES: Griset, Markel, Garthe, Yamamoto, Patterson, Ward
NOES: None
ABSENT: Evans (CA 134)
PUBLIC HEARING
APPEAL # 320
CITIZENS FOR FAIR ZONING ASSOC.
MABURY HOMEOWNERS ASSOC.
Homeowners Association appealing
approval of Variance Application
garden apartment complex at 1350 North Cabrillo Park Drive
the R 4 and R 1 Districts with the following exceptions:
The Mayor opened the
public hearing on Appeal
# 320, filed by the
Citizens for Fair Zoning
Association and Mabury
the Planning Commission's
73-6 to construct a 290 unit
in
A. To allow surface parking and a two-story
apartment building in the R 1 zone;
To allow two-story apartment buildings
in excess of 20 feet in height within 150
feet of property zoned R 1; and
C. To allow a reduction of open space from
50% to 49% of the total site area.
The Planning Director reviewed the Planning Commission Findings
of Fact dated May 14, 1973, and summarized the zoning history
of the proposed site. Following this, a summarization of the
Environmental Impact Report was given by Robert Sundstrom of
the Planning Department and details of the proposed variance
were given by Bill Daugherty of the Planning Department.
The Clerk reported there were no written communications.
RECESS
the audience. The meeting
Councilmen present.
At 9:00 P.M., the Mayor
declared a recess before
calling for testimony from
reconvened at 9:10 P.M. with the same
APPEAL # 320 Continued
hearing on Appeal # 320.
The Mayor called for
testimony from the
audience in the public
Mr. Gordon Bricken, 1017 North Wright, speaking on behalf of
the appellants, recalled for Council some of the proceedings
related to a variance which had been obtained in 1971 for
construction of the "Redwoods" apartment complex just south
of the proposed site, and stated that the "Redwoods" project
was very similar to the one proposed; however, at that time
the applicant had been willing to trade off certain acreage
to be included in an adjoining park in return for parking
areas within an R 1 buffer zone; that the applicant for Variance
73-6 was offering no such trade; that they simply wanted to build
apartments in the R 1 buffer zone; that not only should they not
be allowed to build within that zone, but the entire buffer
zone should be dedicated as an extension of the adjoining park;
that the decrease in number of units and the resulting decrease
in income to the developer would have to be offset by increased
CITY COUNCIL MINUTES 197 JUNE 4, 1973
rentals to the renters who would be occupying the apartments
and having the benefit of living in an~R 1 residential neigh-
borhood.
Mr. Carl Schwarz, 702 Mabury Street, President of Mabury
Homeowners Association, spoke on behalf of the appellants,
and referred to the Staff Report, Final Environmental Impact
Report and the seven "Alternative Mitigation Measures" listed
therein. He offered to withdraw the appeal in return for the
applicant agreeing to the seven measures plus the elimination
of two-story apartment buildings in excess of 20 feet in height
within 150 feet of the R 1 zoned property as conditions attached
to the variance.
The Mayor received a negative response to this proposal from
the applicants.
Mrs. Thomas F. Kearney, 901 North Mirasol Street, speaking on
behalf of the appellants, stated that the applicant had filed
a Tentative Tract Map # 785, approved by City Council on
January 26, 1972, which changed 14th Street to make it 15th
Street, resulting in additional area for apartment development;
that originally only 1,750 units were contemplated in the total
project; that now 2,094 units, with a population of 4,200
people, are proposed, which would represent ten times the
population presently residing in the 159 single family homes
immediately involved; that the proposed development would bring
increased traffic into the neighborhood which was already
increasing due to the construction of a new tennis center and
hospital; that the Variance Application should be denied and
the park buffer should continue to allow the R 1 area some
integrity.
Mr. Schwarz spoke again stating that Council should be wary of
Environmental Impact Reports contracted by the developer in
that the company preparing the report would quite naturally
favor the contracting company; that the contracting for Environ-
mental Impact Reports should be done by the Planning Department
of the City.
There were no other proponents of the appeal.
Mr. John Murphy, Attorney at Law, of the firm of Rutan & Tucker,
401 Civic Center Drive West, spoke against the appeal stating
that a considerable amount of work, man hours, and money had
gone into the proposal; that most of the men involved were in
the audience and would be glad to answer questions, however,
due to the considerable amount of material which had been
presented to Council, they would not speak individually; that
many of the comments made by the proponents had related to the
whole Park Center; that the applicants were not asking for
approval of the Master Environmental Report as it applied to
all of Park Center, but only with respect to the particular
project set out in the Variance Application which would be
comprised of 290 units; that there was not a ten-fold increase
in population; that the fact there might be increased traffic
from a tennis court did not relate to their application; that
his client would stand by the accuracy of the information con-
tained in the Environmental Impact Report; that the R 1 buffer
zone had not been intended to remain forever restricted to R 1
development, but had rather been established as a control
device by which Council could evaluate methods of interfacing
R 4 and R 1 properties; that it was never intended to be a
park land; that with regard to Mr. Bricken's remarks regarding
"trading off" in the "Redwoods" development, his clients
had worked long and hard with staff trading off many items
CITY COUNCIL MINUTES 198 JUNE 4, 1973
originally proposed; that the site plan before Council was
drastically different from the one first presented to the
Planning Commission; that the first site plan had called for a
row of structures parallel to Mabury which presented a monot-
onous view; that the present site plan had variety, a pleasing
appearance, a very desirable streetscape, and the number of
units had been reduced from 320 to 290; that to limit the height
of the R 4 buildings within 150 feet of the buffer zone would
mean that for 250 feet into the property, they could not build
a two-story building; that their proposal called for 49.33%
open space instead of the 50% required, which was a nominal
difference especially with the park adjoining the project;
and that 1,750 multiple-family residential units are still
contemplated for the Park Center Project, not 2,094, which was
the maximum development estimated by the Environmental Impact
Report consultant.
In rebuttal, Mr. Schwarz reiterated the stand that appellants
did not want a two-story apartment building within R 1 zoned
property.
Mr. Bricken stated that the fact that there were nine people
in the audience opposing the appeal and that a lot of time and
money put into a proposal, did not necessarily mean that the
evidence might not be wrong, and that the total planned project
should be considered along with each increment.
In response to inquiries from Council regarding the status of
the property between 14th and 15th Streets, Gene Hoggatt of
O.K. Earl Corporation gave an explanation of the zoning that had
taken place and some background concerning the dedication of
the park.
The Mayor stated that he agreed with Mr. Schwarz with regard
to the Environmental Impact Reports; that he did not like the
idea of having the developer hire the consultant; that he
hoped the policy would be changed to provide for the City to
hire the consultant so that the opinion of an objective third
party could be obtained.
There were no other proponents or opponents in the matter, and
the Mayor closed the public hearing.
Councilman Griset's motion to approve and adopt the Environ-
mental Impact Report submitted, including all written and oral
testimony supplied by proponents, opponents, staff, and
developer, was seconded by Councilman Ward, and unanimously
carried on a 6 - 0 vote.
Prior to voting, the City Attorney stated that the Environmental
Impact Report should apply only to the particular acreage in
the project in question.
Councilman Griset's motion to uphold the decision of the Plan-
ning Commission and instruct the City Attorney to prepare a
resolution approving Variance Application 73-6 subject to
conditions of approval contained in the Commission report, was
seconded by Councilman Ward, and carried on the following vote:
AYES: Griset, Ward, Markel, Garthe
NOES: Yamamoto, Patterson
ABSENT: Evans
CITY COUNCIL MINUTES 199 JUNE 4, 1973
During the discussion preceding the voting, the consensus of the
Councilmen voting in the affirmative was that the proposed pro-
ject was a handsome one and perhaps more attractive than some R 1
developments; and that the City was in need of housing to accom-
modate the expected increase in population.
The dissenting Councilmen were against a two-story apartment
building encroaching into an R 1 zone.
Councilman Ward stated that it was his feeling that the home-
owners should work positively with their new neighbors in an
effort to tear down fences instead of building them. (CA 13.3d)
RECESS At 10:55 P.M. a recess
was declared. The meeting
reconvened at 11:00 P.M.
with the same Councilmen present.
ORANGE COUNTY FAIR Mr. Gerald Vind, Chairman
HOUSING COUNCIL of the Orange County Fair
Housing Council, gave an
oral presentation relating
to the contents of his letter of May 22, 1973, in which a
request was made for financial support totaling $6,480.00 to
carry on their existing programs through the end of the calendar
year.
After discussion, Council referred the matter to staff, and
invited Mr. Vind to return to Council at the next meeting for
another presentation on motion of Councilman Griset, seconded
by Councilman Garthe, and carried on a 5 - 1 vote with Mayor
Patterson dissenting.
Prior to voting, the Mayor requested Mr. Vind to supply staff
and Council with written materials relating to their proposed
budget and a written program setting forth their goals.
(CA 112.1S)
SANDBLASTING STUDY Councilman Markel stated
that he had received a
call from one of his
constituents complaining
that their house had been sandblasted inadvertently by workers
on adjacent property, and requested that staff give some con-
sideration to the problem of sandblasting in a residential
area,
Councilman Ward's motion to refer the matter to staff, was
seconded by Councilman Garthe, and unanimously carried on a
6 0 vote. (CA 87)
CAPITAL IMPROVEMENT Due to the lateness of
PROGRAM, 1973-1978 the hour, the staff mem-
bers who were scheduled
to speak on the Recom-
mended Capital Improvement Program, approved by the Planning
Commission on May 1, 1973, did not do so, and after a brief
review by the City Manager, the oral report was received and
filed on motion of Councilman Griset, seconded by Councilman
Ward, and unanimously carried on a 6 0 vote.
CITY COUNCIL MINUTES 200 JUNE 4, 1973
The City Manager had pointed out that almost every item contained
in the first year of the five-year program had been reviewed in
detail by Council during the study sessions on the Revenue
Sharing Program for 1973-74. He also pointed out that the first
year programs were included in the budget document. (CA 78.2)
ORAL COMMUNICATIONS
MISSING SKETCH
the discovery of the time
Hall.
capsule
Councilman Markel made
another plea for the
return of his original
sketch which had led to
removed from the Old City
The Mayor stated that the staff had made a thorough search for
the original sketch, and had been unable to find it.
Councilman Ward suggested that a certification from staff stating
that the sketch had been valuable in efforts to recover the
time capsule might partially replace the loss to Mr. Markel of
the original sketch. (CA 85.1a)
ORAL COMMUNICATIONS Councilman Markel referred
CHURCH SIGNS to the City Manager's
Newsletter dated May 25,
1973, relative to uniform
directional signs for all churches in Santa Aha and requested
that Staff submit a report and recommendation on the proposal
to the Council. Council informally concurred with the request.
(CA 34)
ADJOURNMENT At 11:55 P.M.,
Councilman Griset's
motion to adjourn was
seconded by Council-
man Ward, and unanimously carried on a 6 - 0 vote.
Florence I. Malone
Clerk of the Council
CITY COUNCIL MINUTES
201
JUNE 4, 1973