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HomeMy WebLinkAbout07-23-1962Council Chamber Santa Aha City Nail July 23, 1962 7:30 P.M. City Council met in adjourned regular session. Meeting called to order by the M~yor. Present: Councilmen Royal E. Hubbard,, HenryH. Schlueter, Dale H. Heinly, Bob B~ewer, A. A. Hall Absent: Councilmen None The Pledge of Allegiance was given. Invocation was given by Rev. Garla~d~ Lacy, Wilshi~e Presbyterian Church. Reso. No. 62-1~3 Councilman Nein~y read the Resolution eXpressing appreciation to Marion Suttner Express Appreciation to Marios S~tt~r Clerk of the Council for her long and faithful service as an employee of the City. The Resolution was adopted by unanimous vote of the Councilmen. The Mayor presented to Marion Suttne Clerk of the Council, a Scroll of Resolution No. 62-1h3, stating in part: "NOW THa~J~FORE, BE IT RESOLVED. That the City Council of the City of Santa Aha expresses Hearing "Newport and Dyer S. E. Annex" to MARION S~II'£mER the appreciation of the City e~ployees, the citizens of the City and the members of said Council for her more than thirty-five years of faithful ser- vice to her City, its citizens and official family." The Clerk expressed her sincere thanks to the Councilmen for the Scroll. The Mayor announced that this is the time fixed by Resolution No. 62-110 for the City Council to hear written protests against the annexation made by any person owning real property within the territory proposed to be annexed to the City of Santa Ana under the designated name of "NEWPORT AND DY~q, S. E. ANNEX". The Mayor asked the Clerk for the affidavits of publication of Resolutio~ No. 62-110 and the affidavit of and mailing,/written notice of this proposed annexation, which were presented. On motio~ of Councilm-n Heinly, seconded by Brewer and carried, the affidavits were received and filed. The Mayor asked the Clerk of the Council to read any written protests against the annexation. The Clerk read protests from owners of property within the proposed "Newport and Dyer S. E. Annex" from the Irvine Company, signed by Charles S. Thcams, President, advising the value of privately owned property, including that of the Irvine C~mpany, located within the territory proposed to be annexed, for protest purposes, as shown on the last equalized assessment roll is $595,210.00, and none of such property is exempt from taxation; from Irvine Ranch Water District, signed by W. F. Graves, advising the value of property located within the territory proposed to be annexed, for protest purposes, is $1500.00; from George E. Bradley, Attorney for Walter J. Pollard, owner of approximately 20 acres, in the proposed annexation; from Walter J. Pollard, advising the value of the property; from the State Department of Public Works, stating the property owned by the State Department of Public Works is involved in this proceeding proposed to be annexed is $26,360.00. On motion of Councilman Heinly, seconded by Hubbard and carried, the protests were received, filed and referred to the Director of Public Works for report to the Council as to what portion of the lands included are within said annexation and the assessed value of William F. Smith Representing Irvine Co. ,/, such portion of said annexation as set forth in the protests. The Mayor asked the Clerk if she had received any letters objecting to the annexation and she replied that letters had been received from the following: Mrs. John F. Boose, 1520 E. 17th Street, Santa Aha; W. H. Spurgeon, Jr., Room 233, W. H. Spurgeon Bldg, Santa Aha; W. S. Patrick, 1246 So. Shelton; Mrs. William J. Zechiel, 12902 Browning Avenue, Santa Ama; Bobby O'Dell, no address; a card signed by Albert V. and Margaret M. Littleford, 905 So. Orange, Elmer G. and Merle B. Thackrey, 911 So. Orange, Harry R. amd Anna S. Livingston, 906 Orange Avenue, and Robert R. and Helen B. Schill. lng, 915 Orange, all of Santa Aha; Mrs. Robert F. ~_ander, President, League of Women Voters of Santa Aha, 10OO2 Deerhaven Drive; statement by Louis Kuplan, President, Internati~aal Association of Gerontology, Ssa Francisco; and Major General A. R. Kier U. S. Marine Corps C~der, E1 Toro. William French Smith, representing The Irvine Co., 634 So. Spring Street, Los Angeles, stated it is the position of the Irvine Co. that one half of the owners of the prop- erty by value within the proposed annexation have protested. On the basis of that protest it is ~ position that the Council has no Jurisdiction in the matter and when protests of this nature are made, the City Council is duty bound by law to cease further proceedings, and pass a Resolution to that effect. With respect to the pro- tests and especially the Irvine Co., this value is based on the value which appears on the last equalized assessment rolls. This is an annexation initiated under the uninhabitedj law requirements and it predisposes that the territory is uaf-babited; William L. Pereira and Associates ¢ £¢ Louis Kuplan, Pres. International Assoc. o~ Gerontology the fact is, it is not uninhabited in that 300 foot strip. It runs through a piece used for a single purpose, of property under a single qwne~shl~griculture, and the entire property has been developed as an entity and has its own irrigation system, crops, etc. If someone were to run a strip down the hack yards of a row of houses, no one would seriously co,tend that that strip was uninhabited because there were no houses on it. Basically, this entire strip is not uninhabited - itis inhabited. As of June 8th of this year there were twelve or more registered voters on that territory and enough people had been removed from that territory by financial payment, and in some cases to temporary quarters, so that there were not, at the time the petition was filed, twelve registered voters, and in their view this is a fraudulent use; through that type of device it cannot be made uninhabited. Section 35008 specif- ically provides that the dwellers not be divided from the rest of their property providi~ their property is centiguous. This is exactly what this 300 foot strip accomplishes. Perhaps more sigaificant is the fact that The Irvine Co. in conjunc- tion with the University of California, deeded o~e thousand acres and agreed in writing that it would dedicate an additional ten thousand acres for proper plannir~ for the Campus; it did this on the hasle of an agreement with the City of Santa Aha, it being understood the City would not annex into this area, and The Irvine Co. and Universit2 of California acted to their own detriment, as the strip runs substantially through the University City. Mr..~mfth then read Resolution No. 60- 77 expressing the attitude of the City Council of the City of Santa Ana and the policy of said City as to annexations and giving assurance that Santa Aha has from the beginning, does now and will coutinually, do all things lawTully in its power to protect the integrity of the University of California Campus area and peripheral land. It has been the policy of the Irvine Co. to consult with all of the Cities involved for the purpose of developing a long-range planning which includes muni- cipal boundaries. This aunexatio~ violates the principles of the Council but makes impossible the further proper development of this over-all development. If this annexation is to be adopted, in their opinion it would violate the constitutional rights of the Irvine Co. without due process of law and compensation. The 500 foot strip would be subjected to taxation without a~y possible benefit to the Irvine Ccm~pan~. 0~ the basis of the protests the Council has no Jurisdiction. Mr. submitted affidavits with attachments from Charles S. Thomas, President of The Ir~ine Company, from william H. Spurgeon, Vice President of The Irvine Company, statement in opposition of Raymond L. Watson, Manager of Planning, The Irvine Co and affidavit of Raymond L. Curran. O~ motion of Councilman Hubbard, seconded by Brewer and carried, the affidavits, as submitted by Mr. Smith, were received and filed. William L. Pereira, 5657 Wilehire Boulevard, Los Angeles, presented and read his statement in opposition to the proposed "Newport and Dyer S. E. Annex." 0~ motion of Cou$~cilw~- Hubbard, seconded by Brewer and carried, the statement and Secomd Phase report, on University Camt~As and Community Study, were received and filed. Louis Kuplan, 1085 Nonadnock Building, San Francisco, stated that on the hasis of his extensive experience in the field of gerontology, and from personal observa- tions in almost every part of the United States and in Western Europe, be believed sincerely that there is every reason to question the feasibility and social desir- ability of establisBtnE, as an enclave of Santa Aha, so large a retirement ity as is being contemplated for Leisure World, a~d orally presented his statement Daniel G. Aldrich, Jr., Chancellor, University of California at Irvine Protest Ob q~ Thomas J. Cunningham, Vice-President University of Calif. Protest 0~ ~ regarding opposition to the proposed annexation. Daniel G. Aldrich, Jr., Chancellor of the University of California at Irvine, pre- sented and read his statement setting forth numerous reasons for objecting to the propose~ annexation. Thomas J. Cunningham, Vice-President and General Counsel of The Regents of ~he University of California, presented and read his statement opposim~ any annexation that violates the spirit and intent of the City of Santa Aha non-annexation Resolu- tion No. 60-77 upon which The Regents of the University of California have in good faith relied. 0n motion of Councilman Brewer, seconded by Hubbard and carried, the written statements of Louis Kuplan, Daniel G. Aldrich, Jr., end Thomas J. Cunninghem, Mrs. Robert F. Lander Pres. League of ~ro°m;;s~°t e~s~ were received and filed. Mrs. Robert F. Lander, President, League of Women Voters of Santa Aha, 10OO2 Deer- haven Drive, Santa Ama, presented and read the objections of the League of Women Voters, and requested that full consideration be given to good planning before action is taken on this proposed annexation. On motion of Councilman Brewer, seconded by Floyd A. Blower Protest ~ S. P. Grillias Protest Hubbard and carried, the protest was received and filed. Floyd A. Blower, 2205 H$1iotrope Drive, Santa Ama, presented and read his statement setting forth the reasons for opposing the proposed annexation. On motion of Council. man Hubbard, seconded by Schlueter and carried, the statement of Floyd A. Blower was received and filed. S. P. Grillias, 515 North Main Street, Santa Aha, presented and read a statement sub- mitted by Grillias, Savage, Alves and Associates, Planning Architects, setting forth various reasons for opposing the proposed annexation, and on motion of Councilman Joseph S. Walker Dir. Orange Co. Counsel Navy League of United States George Wolf Representative Orange Co. Counsel Navy League of United S t~a~¢ Kerwood Jacobs 915 E. Avalon Santa Ana Hubbard, seconded by Brewer and carried, the protest was received and filed. Joseph S. Walker, S175 Verdugo, Long Beach, Director of Orange County Council, Navy League of the United States, objected to the proposed annexation for various reasons and especially on the grounds that the flight pattern cuts through the center of the proposed annexation area. George Wolf, 662 South Coast Highway, Laguna Be~h, stated he represented the Orange County Council, Navy League of the United States, and requested that serious consid- eration be given to any proposal with reference to the proposed annexation. Kerwood Jacobs, 915 E. Avalon, Santa Aha, stated he was an ex-pilot from the Marine Base, and spoke as a private citizen. He stated there were m~ny reasons against this annexation, one of the most important being that most flight approaches are Communication A. ~. Kier~ Major General, U. S. Marine Corps Cc~ander J. Ogden Markel Favoring the Annexation Robert Larsen Pres., Santa Ana Chamber of Commerce instrument approaches right over the proposed annexation area. Co~mmication was read from A. R. Kier, Major General, U. S. Marine Corps C~m, ander, submitting information with reference to the flight pattern and noise problem over the proposed annexation area, and on motion of Councilmau Brewer, seconded by Hubbard and carried, the c~unication was received and filed. Counctlm-u Schlueter left the meeting at 10:10 P.M. J. Ogden Markel, 1816 S. Par~on Street, Santa Aha, stated he favored the annexation and if the annexation is approved, the City could go forward on other annexations of properties. " Drive, Robert Larsen, President, Santa Ama Chamber of C~erce, 2201 HeIio~r~pe~ presented and reads letter from Glenn D. Tabor, Superintendent of Schools, advising the graphic area in this annexation lies within the Tustin Unified High School District and several Elementary Districts. Inasmuch as the area in question will not be- come a part of the Santa Ana School Districts, there would be no legal implications involved; and read a report of the Annexation Ce--.~.fttee dated Jul~ 16, 1962, favor- lng the proposed ann~ation. On motion of Councilman Hubbard, seconded by Brewer Joe O'Campo Favoring the Annexation and carried, the documents were received end filed. Joe O'Campo, 1237 West Pine, Orange County Educational Committee, representing the Trade Unions, stated the c.~'-,.-ittee adopted a Resolution favorim~ this annexation. If this a~exation is approved it will afford other areas the opportunity to be annexed to the City, increasing construction activity and creating more ~obs in Douglas Clark, William B. Moore, Charles G. Schlegeland Ralph Vernon Favoring ~ q~e ~n~exation Letters approving annexat ion: Ross Cortese Frank J. Gelinas John G. Lozano R. L Crutcher Orange County. Dc~s Clark, 1510 North Mar-Less Drive, Santa Aha; William B. Moore, Chairma~ of Planning C~m,,tssion; Attorney Charles G. Schlegel, ~33 West 8th Street; and Ralph A~ nue, Vernon, 14~0 Cypress~ gave their reasons for approving the annexation. Letters approving the an-exation were presented from Ross W. Cortese, President of Rosamoor Leisure World, a corporation; Frank J. Gelinas, Secretary'Manager, Santa Aha Chamber of C.~,~erce, 802 W. 8th Street; John G. Lozano, Business Representatiw Cement Masons Local No. 52, 1605 N. Harper Street; and R. L. Crutcher, President, Jennie S. Crutcher Foundaticu, Inc., ~29 E. Coast Highway, Coroua del Mar. motion of Counci!~-n Hubbard, seconded by Brewer and carried, c.=.-.~uications were Jack Rimel Favoring the ~unexation received end filed. Attorney Jack Rimel, representing Ross Cortese, stated this is a matter which the City Council initiated on its own Resolution and they are well informed and know the facts. Mr. Rimel introduced Mr. Lettson, who is entirely familiar with the operation of the Leisure World program and the developers are not inexperienced in this type of development and have a substential development in the western part of the county at Seal Beach, one that has been extremely successful; Attorney Fra~W Hamilton, Los Angeles, who will be helpful to the Council if any questions along the line of status of proceedings are required; Jack Fowler, who is familiar with this Project, end Bob Galeno and John Tupps, Engineers, who have worked on the plans and engineering on this project were also introduced to the Council. The developer is desirous and hopeful that the property will be annexed to the City of Report Director of Public Works Hearing Closed. The Manager stated this is the report as submitted by the Director of Public Works: Walter J. Pollard Land end Improv~uts Owner City Irvine Cca~pany $398,690.00 $37,690. O0 Irvine Ranch Water District. No knowledge of date of acquisition; probably after date of c~cing annexation, as it is exactly 300 feet wide and over- lying our an~axation of 300 feet. State Department of Public Works is the San Diego Freeway and is now being used by the Public as a FreeWaY. It should be noted that the County Assessor has assigned a value to the land, concrete pavt~E and structures for protest purposes only, of $289,800.00. Total assessed vaZuation of privately owned property $194,260.00 -_ 100~. Tota% assessed valuation of privately owned property protesting $61,180.00 _- 31.55 of total Therefore, less than 50~ ~f the %o~al privately owned property pretested. It was moved by Councllm-- Hubbard, secc~ded by Heiuly and carried, tha~c the City Reso. No. 62-14~ Declaring that majority protest has not been mmde Ordinance Declaring annexation "Newport and Dyer, S. E. Annex" Second Hearing Amendment Zoning Ordinance of 196o Reso. No. 62-1~5 Initiating proceedings "Newport and Dyer, S. E. Annex" (hearing Sept. lO, 1962) Council finds that the protesting property owners d~ nbt rePreSent ~a majority ProteSt~ On request, the Clerk read the title of the Resolution and it was moved by Councilman Heinly, seconded by Hubbard and carried, that the read~ug of the entire Resolution be waived. Roll Call Ayes, Councilmen: Noes Councilmen: Absent Councilmen: A. A. Hall l~al E, Hubbard, Dale H. Heinly, Bob Brewer,/ None ~ H. Schlueter The Council havi~ unanimously waived the reading of the Resolution, on motion of C~uncilm~ Heinly, seconded by Hubbard and carried, the following Resolution entitled "Resolution No. 62-14~ declaring that majority protest has not been made against the annexation of territory under the name of 'Newport and Dyer S. E. Annex'" was considered and passed by the following= vote: Ayes, Councilmen: Noes, Councilmen: Absent, Councilmen: Royal E. Hubbard, Dale H. Heinly, Bob Brewer, A. A. Hall None Henry H. Schlueter The Mayor asked the Clerk to read the title of the Ordinance declaring the a-nexati~ of territory desigaated "Newport and Dyer S. E. Annex," and the Clerk read the title. The Council having u~a~.imously waived the reading of the Ordinance, on motion of Co1L~o~lm~ Heinly, secouded by Hubbard and carried, the follow4ug Ordinance entitled: "Ordinance declaring the annexation of territory designated 'Newport and Dyer, S. E. Annex'" was introduced, considered and placed o~ file for second reading. Roll Call Ayes, Councilmen: Royal E. Huboard, Dale H. Heinly, Bob Brewer, A. A. Hall Noes~ Councilmen: None Absent, Councilmen: Henry H. Schlueter The Mayor announced this being the second hearing on amending the Zoning Ordinance of 1960 by creating a new T~d Use District, proposed to be titled the PCD (Planned C.~...~uity Development District ) and called for anyone who wished to be heard to cone forward. No one wishing to be heard, he declared the hearing'closed and on motion of Counc/?-~n Hubbard, seconded by Brewer and carried, the matter was continued to August 6th. After a reading of the title, the Council having unanimously waived the reading of the Resolution, on motion of Councilman Hubbard, seconded by Heinly and carried, the following Resolution entitled: "Resolution No. 62-1~5 initiating proceedings for and declaring intention to proceed with annexation of territory to the City of Santa Aha, designating ~'Newport and Dyer, S. E. Annex" as an appropriate name for said territory and giving notice of protest hearing thereon" setting the date of hearing on September 10, 1962, was considered and passed by the following vote: Ayes, Councilmen: Noes, Councilmen: Absent, Councilmen: Royal E. Hubbard, Dale H. Heinly, Bob Brewer, A. A. Hall None Henry H. Schlueter On motion of Councilman Hubbard, seconded by Heinly and carried, the City Council adjourned. MAYOR OF THE CITY OF SANTA ANA ~LEBE OF THE