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Speakers in opposition to the Appeal were: Dr. Richard Shoemaker, 11275 Amaganset Way, T~stin, Principal of Washington Elementary. School Richard Nightengale, 2234 South Flower Anthony Ruiz, 2230 South Flower Joe Berrera, 2206 South Flower Florence Patrick, 3330 South Pomona, President, Washington: School PTA . Resident,. 2226 South Flower Opponents pointed out that there are from 400 to 600 elementary school children who use the intersection; that a traffic hazard would be created for pedestrians; that a mini-market is not needed in this area; and that there are a number of other facilities available for food purchases. Mr. Cooling rebutted by stating that he would be upgrading the location to the advantage of the neighborhood. Tkere being no further speakers, Mayor Garthe closed the hearing. Councilman-~Brandt stated 'that it is a busy intersection, and that it is too close to parks and schools, and that there are many other markets in the area. On the motion of Councilman Brandt, seconded by Councilman Ward, and carried (S:0) unanimously, Appeal No. 572 was denied, and the City Attorney was requested to prepare a Resolution affirm- ing the decision of the Planning Commission to deny Variance Application No. 76,-45. CA 13.3 ORAL COMMUNICATION City Attorney Keith PUBLIC NUISANCE - MITCHELL BROS. Gow presented Resolu- THEATER - RESOLUTION 76-154 ADOPTED tion No. 76-154, entitled as follows, which was forthwith adopted by title only, after full reading was waived, on the motion of Councilman Yamamoto, seconded by .Councilman Brandt, and carried (~:0),::with Mayor Garthe abstaining because he had not reviewed the documents related to the matter: RESOLUTION NO. 76,154:- A RESOLUTION OF THE CIIY COUNCIL OF THE CITY OF SANTA ANA DETERMINING THAT THE REAL PROPERTY AND ACTIVITY KNOWN AS THE MITCHELL BROTHERS' SANTA ANA THEATER, LOCATED AT 1565 WEST 17TH STREET, SANTA ANA, CALIFORNIA, IS IN VIOLATION OF ORDINANCE NS-152S OF THE CITY OF SANTA ANA; DECLARING SUCH ACTIVITY TO BE A PUBLIC NUISANCE, REVOKING ALL LICENSES AND PERMITS, AND ORDERING ABATEMENT; AND ORDERING THE CITY ATTORNEY TO TAKE ALL STEPS NECESSARY TO COMPLY WITH SECTION 12-105 OF THE SANTA ANA MUNICIPAL CODE. CA 149 ORAL COMMUNICATION On the motion of Council- COMMITTEE TO RECOMMEND CANDIDATE man Ward, seconded by FOR APPOINTMENT TO WARD 7 Councilman Brandt, and carried (S:0) unanimously, Staff was directed to establish a committee to prepare recom- mendations for appointment to Ward 7 which could be vacated as a result of the November 2 election. CA 80 ADJOURNMENT Mayor Garthe adjourned the meeting. CITY COUNCIL MINUTES 408 At 9:42 P.M. on the motion of Councilman Ortiz, seconded by Councilman Brandt, OCTOBER 26, 1976