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HomeMy WebLinkAbout05-18-1970MINUTESOF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA May 18~ 1970 The meeting was called to order at 2:00 P. M. , in the Council Chambers of the City Hall Annex, 500 West Sixth Street, with the following Councilmen present: Wade Herrin, Vernon S. Evans, J.Ogden Marks!,. Ray Villa, Harry K. Yamamoto, and Mayor Lorin Griset. Councilman Jerl? M. Patterson was absent, but arrived later in the meeting. Also present were City Manager Carl J. Thornton, City Attorney William L. Mock, Director of Public Works Ronald Wolford, Director of Planning Herbert Wieland, and Clerk of the Council Florence I. Malone. MINUTES On motion of Councilman Villa, seconded by Councilman Herrin and unanimously carried, the Minutes of the Regular Meeting of May 4, 1970 were approved as submitted. EXECUTIVE SESSION At 2:07 P. M., the City Council adjourned to Executive Session for approximately one-half hour to consider appointments to the various Boards and Commissions. The Council reconvened at 2:30 P. M., with the same Council members present. Mayor Griset announced that a get acquainted dinner will be held on June 1, 1970, at 5:30 P. M., in the City Hall Annex, for the City Council members, the members of all the Boards and Commissions, and the department heads and their spouses. SPEC. 371-115 On motion of Councilman Herrin, seconded JOINT SEALER by Councilman Villa and unanimously carried, Council ordered filed report of bids received for Spec. 371-115, Hot Pour Rubberized Mastic Joint Sealer, annual requirement; awarded contract to the low bidder, Edoco Technical Products, Inc.; and rejected all other bids. SPEC. 381-104 - GASOLINE Council considered award of contract for Spec. 381-104, Gasoline, annual require- ments. A1 Koenig, representing Standard Oil Company of California, requested that Council consider awarding the bid to Standard Oil Company, the second lowest bidder, because of the closeness of the two bids and because their bid included the addative, F310, claiming it reduced carbon emissions and carbon monoxide, reduced engine maintenance and carburetor adjustments, and is available in all three of their fuels. The Mayor asked the advice of the City Attorney, who expressed the opinion that several bids had been received which met the specifications, and with no other factors being present, the lowest bid should be accepted; that Council was being asked to bypass the low bid on the basis that Standard Oil Company qualified as a better bidder; and that since none of the other bidders have been disqualified, it would be very questionable in his opinion that this could be done. CITY COUNCIL -130- May 18, 1970 SPEC. 38]-104 - GASOLINE (Co~tinued) On motion of Councilman Markel, seconded by Councilman t{errin and unanimously carried, Council ordered filed report of bids received for Spec. 381-104, Gasoline, annual requirements; awarded contract to the low bidder, Shell Oil Company, and rejected all other bids. SPEC. 631-130A, 130B, 130C On motion of Councilman t{errin, seconded FIRE HYDRANTS by Councilman Villa and unanimously carried, Council ordered filed report of bids received for Spec. 631-130A, B,C; awarded contract for Standard Fire IIydrants (A) and Commercial and Industrial Fire Hydrants (B) to Pacific States Cast Iron Pipe Co., the low bidder; awarded contract to Marden Susco, the low bidder for Civic Center Fire Hydrants (C); and rejected all other bids. SPEC. 641-190 On motion of Councilman Herrin, seconded ENGINE by Councilman Markel and unanimousl) carried, Council ordered filed report of bids received for Spec. 641-190, Replacement of present engine in 1954 Seagrave 1,000 GPM Pumper, Model 530B; awarded contract to the low bidder, Crown Coach Corporation; and rejected all other bids. SPEC. 371-116, SPEC. 631-131, On motion of Councilman Herrin, seconded SPEC. 641-189 by Councilman Villa and unanimously carried. the following bid awards were held over to the June 1 Council meeting for further clarification: SPEC. 371-116 - Cast Iron Pipe & Cast Iron Fittings, Annual Requirements. SPEC. 631-131 - Gate Valves, Iron Body, Annual Requirements. SPEC. 641-189, Fire Extinguishers. BID CALLS On motion of Councilman tterrin, seconded by Councilman Villa and unanimously carried, Council approved plans and specifications and authorized advertising for bids for the following: Project 7014, Furnish and InstallIntrusion Security System and Fire Detection System in Charles W. Bowers Memorial Museum, opening June 8. Spec. 631-133, Domestic Water Meters, annual requirement, opening June 4. Spec. 631-134, Compound Water Meters, annual requirement, opening June 4. CITY COUNCIL -131- May 18, 1970 BID CALLS (Continued) On motion of Councilman Herrin, seconded by Councilman Villa, Council approved plans and specifications and authorized advertising for bids for Spec. 641-192, Approximately 1, 262 yds. Carpeting to be installed in Main Library, opening June 5, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Villa, Yamamoto, Griset None Patterson On motion of Councilman Herrin, seconded by Councilman Villa, Council approved plans and specifications and authorized advertising for bids for Spec. 371-117, Asbestos Cement Pipe & Cast Iron Fittings for Asbestos Cement Pipe, opening June 4, on the following roll call vote: AYES: Herrin, Evans, NOES: Markel ABSENT: Patterson Villa, Yamamoto, Griset READING WAIVED On motion of Councilman Herrin, seconded by Councilman Evans and unanimously carried, the full reading of ordinances and resolutions, the titles of which appeared on the public Agenda, was ~vaived. ORD. NS-1014 - S.P.S.A. #38 ORDINANCE NS-1014 AMENDING THE ALTON AVENUE SANTA ANA MUNICIPAL CODE BY ADDING SECTION 41-741 RELATING TO SPECIFIC PLANS FOR STREET ALIGNMENT (S, P. S.A. #38, Alton Avenue) was adopted, on motion of Councilman Herrin, seconded by Councilman Evans, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Villa, Yamamoto, Griset None Patterson ORD. NS-1015 ORDINANCE NS.-.1015 AMENDING THE TEMPORARY OFFICE TRAILERS SANTA ANA MUNICIPAL CODE BY DELETING SUBHEADING (j) FROM SECTION 41-632 THEREOF RELATING TO TEMPORARY OFFICE TRAILERS was adopted, on motion of Councilman Herrin, seconded by Councilman Villa, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Villa, Yamamoto, Griset None Patterson Due to a conflict of interest on the following two items, Mayor Griset left the Council Chambers. CITY COUNCIL -132- May 18, 1970 ORD. NS-1016 - A.A. 654 ORDINANCE NS~1016 - CHANGING DISTRICT PLANNING COMMISSION CLASSIFICATIONS ON AMENDMENT APPLIC- ATION 654 INITIATED BY THE PLANNING COMMISSION AND AMENDING SECTIONAL DISTRICT MAP 18-5-9 (EXHIBIT AA 654- A) was adopted, on motion of Councilman Villa, seconded by Councilman Yamamoto, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Villa, Markel Patterson, Griset Yamamoto ORD. NS-1017 -A.A. 656 ORDINANCE NS~1017 - CHANGING DISTRICT SCHILDMEYER CLASSIFICATION ON AMENDMENT APPLIC- ATION 656 FILED BY MARIE R. SCHILDMEYER AND AMENDING SECTIONAL DISTRICT MAP 6-5-9 (EXHIBIT AA 656~A) was adopted, on motion of Councilman Evans, seconded by Councilman Villa, on the following roll call vote: AYES: NOES: ABSENT: tterrin, Evans, Markel, Villa, Yamamoto None Patterson, G riser Mayor Griset returned to the Council table. Councilman Patterson arrived at the Council meeting at 3:02 P.M. ORD. NS-1018 Council considered the adoption of Ordinance PARK DEVELOPMENT FEES NS-1018 regarding park development fees. Mr. O.K. Earl, developer, requested more time to study the ordinance, stating the fees would amount to a capital expenditure at the outset of a development project, causing a hardship for the developer; he also questioned the advisability of the fees going into the General Parks Fund for other areas if the area in which a developer is building has sufficient parks. After discussion by Council regarding whether or not to delay this ordinance for further study, since the matter had already been given considerable study, on motion of Councilman Herrin, seconded by Councilman Villa, ORDINANCE NS-1018 AMENDING THE SANTA ANA MUNICIPAL CODE BY REPEALING SUBSECTION 134 OF SECTION 21-72 THEREOF AND ADDING ARTICLE IV TO CHAPTER 35 THEREOF TO PROVIDE FOR THE PAYMENT OF FEES IN CONNECTION WITH THE CONSTRUCTION OF RESIDENTIAL UNITS, THE DEPOSIT OF SUCH FEES IN THE RECREATION AND PARKS FUND, AND THE USE OF SUCH FEES FOR PUBLIC PARK AND RECREATIONAL PURPOSES IN ACCORDANCE WITH THE GENERAL PLAN was adopted, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Patterson, Villa, Yamamoto. Griset None None RECESS At 3:27 P.M., a five minute recess was declared. The Council reconvened at 3:32 P.M., with all Council members present. CITY COUNCIL -133- May 18, 1970 ORD. NS-1019 - EMERGENCY ORD. ORDINANCE NS-1019 AMENDING SECTIONS PUBLIC PROPERTY USE 10-7, 10-8 AND 10-9 OF ARTICLE I, CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE RELATING TO USE OF PUBLIC PROPERTY was adopted as an emergency ordinance, on motion of Councilman Herrin, seconded by Councilman Patterson, on the following roll call vote: AYES: Herrin, Evans, NOES: None ABSENT: None Markel, Patterson, Villa, Yamamoto, Griset RES. 70-44 RESOLUTION 70-44 FAVORING THE WATER PROJECT PERIPttERAL CANAL PROJECT was adopted, on motion of Councilman Patterson, seconded by Councilman Villa and unanimously carried. RES. 70-45 - ANNEXATION RESOI,UTION 70-45 DECLARING THE GRAND & FAIRHAVEN S.W. ANNEXATION OF TERRITORY DESIGNATED "GRAND AND FAIRHAVEN SOUTHWES'r ANNEX" was adopted, on motion of Councilman Patterson, seconded by Councilman Herrin and unanimously carried. RES. 70-48 - VA 70-12 Council considered the adoption of A.H. ALLEN Resolution 70-48. Henry Fredricks, President of Fredricks Development Corporation, the developer of the apartment project at Lyon and Warren Streets, who had filed a communication dated May 12, 1970 pertaining to this matter, addressed the Council. Mr. Fredricks stated that the legal notices of the public hearings for VA 70-12 were sent to the former owner of the property in spite of the fact that the title had been transferred in September, 1969; that due to this fact, he had not been present at the hearing held by the Council on May 4, to protest the cul-de-sacing of Warren Street. He stated further that he had been previously informed by the City staff that Warren Street would go through to Grand; and that he had predicated a six-million dollar project on that commitment. The Planning Director stated that notices were sent to all property owners within a 300 feet radius of the Variance location listed on the latest County Tax Assessor's roll. Councilman Patterson stated that this procedure satisfied the legal notice requirement. On motion of Councilman Rerrin, seconded by Councilman Markel and unanimously carried, the communication from Mr. Fredricks was ordered filed. RESOLUTION 70-48 AFFIRMING THE DECISION OF THE PI,ANNING COMMISSION AND GRANTING A VARIANCE ON APPLICATION 70-12 FILED BYA.H. ALLEN, SUBJECT TO APPLICABLE CONDITIONS was adopted, on motion of Councilman Herrin, seconded by Councilman Patterson arrt unanimously carried. CITY COUNCIL -134- May 18, 1970 SIGNAL On motion of Councilman Herrin, seconded by Councilman Yamamoto and unanimously carried, Council authorized execution of Cooperative Agreement between the cities of Santa Ana and Costa Mesa concerning the signal improvement at the intersection of Harbor Boulevard and MacArthur Boulevard. TOPICS PROGRAM On motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried, Council authorized execution of Agreement with Lampman & Associates, engineering firm, for engineering services for the "TOPICS" program. COMMUNITY ACTION COUNCIL On motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried, Councilman Yamamoto was re- appointed as the Council representative to the Community Action Council and Councilman Villa was reappointed as the Alternate representative. CATV An application for cable television for Santa Ana from Community Tele- Communications, Inc., Colorado, was referred to staff for recommendation, on motion of Councilman Herrin, seconded by Councilman Yamamoto and unanimously carried. SOLICITATION APPLICATION On motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried, the Solicitation Application of Immaculate Heart of Mary Church, 1100 S. Center, for a Fiesta, May 15 through May 17, 1970, was approved, and the Finance Director was authorized to refund the deposit of $150 paid by the Church for business license tax. ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Applications were ordered filed: On motion of Councilman Herrin, seconded by Councilman Markel and unanimously carried, the following Alcoholic Beverage License Industrial Cafeteria, 1471E. Warner, On Sale Beer & Wine, Person Transfer; Hank's Liquor Store, 1328 W. 1st, Off Sale General, Person Transfer; Silver Room, 4101 W. Bolsa, On Sale Beer, Person Transfer. TRAFFIC On motion of Councilman Patterson, seconded by Councilman Markel and unanimously carried, the report of control devices removed or installed April 13, 1970 through May ll, 1970 was ordered filed. CITY COUNCIL ~35 May 18, 1970 RES. 70-49 - CUP 70-2 RESOLUTION 70-49 AFFIRMING THE JACK L. I,IGttTFOOT DECISION OF THE PLANNING COMMISSION AND GRANTING A CONDITIONAL USE PERMIT ON APPLICATION NO. 70-2 FILED BY JACK L. LIGHTFOOT, SUBJECT TO APPLICABLE CONDITIONS, was adopted, on motion of Councilman Herrin, seconded by Councilman Evans and unanimously carried. RES. 70-50 PARKING METER ZONES Herrin, seconded by Councilman Evans RESOLUTION 70-50 RESCINDING RESOLUTIONS CREATING 12 AND 24 MINUTE PARKING METER ZONES was adopted, on motion of Councilman and unanimously carried. CIVIC CENTER On motion of Councilman Villa, seconded LAND EXCHANGE by Councilman Patterson, execution of Agreement between the City of Santa Ana and the County of Orange providing for Amendment to Joint Exercise of Powers Agreement for exchange of land in the Civic Center was authorized, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Patterson, Villa, Yamamoto, Markel None Griset ENCROACHMENT On motion of Councilman Herrin, seconded by Councilman Evans and unanimously carried, execution was authorized for agreement with United States National Bank for encroaching sign at 710 N. Main Street. WATER CONNECTIONS Council authorized execution of agreement with Irvine Ranch Water District for Consent to Transfer Navy water line to Irvine Ranch Water District, on motion of Councilman Herrin, seconded by Councilman Markel and unanimously carried. WATER SYSTEM On motion of Councilman Herrin, seconded INTERCONNECTIONS by Councilman Patterson and unanimously carried, Council authorized execution of agreement with Costa Mesa County Water District for installation of water system interconnections with non-City systems. GRADE CROSSINGS On motion of Councilman tlerrin, seconded by Councilman Patterson and unanimously carried, the City Council authorized executio, of two agreements with The Atchison, Topeka and Santa Fe Railway Company for crossing protection at Lyon Street and at Ritchey Street. CITY COUNCIL ]36 May 18, 1970 VARIANCE AND CONDITIONAL On motion of Councilman Patterson, seconded USE PERMIT by Councilman Herrin and unanimously carried, Council adopted the findings of fact, conclusions and decisions of the Planning Commission or ~oning Administrator as action of the City Council on the following: VA 70,-18,BOXBERGER - Construct office-storage building in the R 1 District at 1002 N. Fairview - APPROVED; CUP 70-3, SECOND BAPTIST CHURCtt - remodel existing Church and construct additional facilities in the R 2 District at 1201 W. Second Street - APPROVED. CAPITAL IMPROVEMENTS Council discussed the Planning Commission's PROGRAM proposed Capital Improvements Program and Method of Financing Proposal. On motion of Councilman Herrin, seconded by Councilman Evans and unanimously carried, the matter was referred to staff for study and incorporation into the City Manager's Budget study. On motion of Councilman Patterson, seconded by Councilman Yamamoto and unanimously carried, Mayor Griset was authorized to direct a letter to the Chairman of the Ways and Means Committee, with copies to our representatives in Washington and any others that might be pertinent, stating the position that our City favors a revenue sharing program and would like to see Congress take action on this program this year. PARCEL MAP 657 Parcel Map 657, filed by V. Davis and J.O. Olof, creating two (2) A 1 parcels at the northeast corner of Alton Avenue and Fairview Street, was approved subject to conditions in Planning Director's report dated May I1, 1970, and the alley requirement was waived on motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried. PARCEL MAP 658 Parcel Map 658, filed by NationalLand Development Co., creating two (2) C 5 parcels located on the northwest corner of 17th Street and Sherry Lane, was approved subject to conditions in Planning Director's report dated May il, 1970, on motion of Councilman I{errin, seconded by Councilman Patterson and unanimously carried. WATER WELL Acting on the recommendation of the Public Works Director, Council approved the application of Ranney Enterprises to drill one water well for irrigation purposes on property located in the 300 block of South Harbor Boulevard, on motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried. CITY COUNCIL -137- May 18, 1970 FINAL MAP, TRACT 6827 FinalTract Map 6827, filed by Covington Brothers, creating 31 lots and Lot A on the east side of Fairview south of MacArthur, was approved, dedications thereon accepted, and execution of subdivision agreement authorized, on motion of Councilman Herrin, seconded by Councilman Markel and unanimously carried. DEEDS - NO CASH On motion of Councilman Patterson, GRANTEE, CITY seconded by Councilman Herrin and unanimously carried, Council ordered filed the report of No-Cash Deeds accepted by the City Manager, pursuant to Resolution No. 69-156, from April 30, 1970 through May 13, 1970. SURPI, US BUILDINGS After considering Surplus Property SPR 70-08 Report 70-08 regarding two single family residences at 1833 West First Street, Council declared the buildings surplus and authorized demolition, on motion of Councilman Herrin, seconded by Councilman Patterson, on the following roll call vote: AYES: tlerrin, Evans, NOES: Markel ABSENT: None Patterson, Villa, Yamamoto, Griset BOWERS MUSEUM The Manager's report dated May 14, 1970 HOLIDAY EXttIBIT on Bowers Museum Exhibit for December tto!iday Season was ordered filed, on motion of Councilman Herrin, seconded by Councilman Patterson, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Patterson, Villa, Yamamoto, Griset Markel None RECESS At 5:20 P.M., the meeting was recessed to 7:30 P.M., at which time it was recon- vened with all Councilmen present. Following the Pledge of Allegiance to the Flag. the Invocation was delivered by Dr. Charles Simon of the Church of Religious Science. PROCLAMATIONS OF Mrs. It.T. Ilolloway, President, Santa ItONORARY CITIZENSHIP Ana Chapter, American Field Service, introduced the four exchange students from abroad. Proclamations of Honorary Citizenship were presented by the Mayor to American Field Service Exchange Students Margaret Edkins of South Africa, Elleke Entzinger of The Netherlands, Hartmut Benkmann of Germany, and Elisabeth Lindberg of Sweden. CITY COUNCIL -138- May 18, 1970 PUBLIC HEARING ANIMAL CONTROL REGULATIONS ORD. NS-1020 c.ont rol. Hearing was opened for consideration of the proposed ordinance repealing and re-enacting Chapter 5 of the Santa Ana Municipal Code relating to animal M.I~. Treadgold, 2070 S. Sycamore. presented a petition contaimng 19 signatures of residents of the 2000 block of South Sycamore, stating that they favored a .$5.00 license fee for dogs, requesting that no more than two dogs be allowed on one lot, and that dogs not be allowed to run at large; and stating that other than the above, they requested that the present ordinance remain as it is. On motion of Councilman [terrin, seconded by Councilman Markel and unanimously carried, the petition was ordered filed. The following persons also spoke: Mrs. Wikiiam Owen, 2016 W. 15th Street, who objected to the hobby kennel provisions of the proposed ordinance and the section on reporting of complaints, objected to more than two dogs in a household, and thought hobby kennels should be allowed only on a variance basis; Rita Lazaron, N. Spruce Street, who expressed the opimon that only two dogs should be allowed to a family; James Requarth, 1004 N. Baker, who objected to more than one dog per family, noise of barking dogs, dogs on leashes being allowed to use other people's lawns, and thought the license fee should be $25.00 per year per dog; Edith Izan~. 8311 La Sierra, Whittier, President of the California Dog Fanciers' Association, who explained the purpose for hobby kennels and how it would protect the hobby fancier who breeds show dogs for a hobby; Neal Rogers, 2605 W. Harbor, a hobby fancier, who expressed the need for the hobby kennel provisions in the ordinance; Miles Leach, 2025 W. 10th Street, who expressed opposition to the increase in the amount of license fees; Joseph Rollo, 1318 S. Poplar, who complained about /he method of animal control ~n the City and loose dogs on the street; Freda Sathre, 846 E. Normandy, who expressed satisfaction with the proposed ordinance; Mr. Beard, West 17th Street, who expressed opposition to the proposed ordinance, specifically /he hobby kennel provision; C.C Kemper, 315 West 19th Street, who asked what was going to be done about cats; Robert Scherrer, from the north Tustin area~ who stated that he moved from Santa Ana a year ago to a place where he could legally keep 5 dogs, and stated that he felt the proposed ordinance would give the City more control; CITY COUNCIL -139- May 18, 1970 ANIMAL CONTROL REGULATIONS (Continued) Mrs Paul Smith, 3725 S Aider, who opposed having more than two dogs in one home; Mrs. Lane, 2809 W. Raymar, who was opposed to the proposed ordinance and having more than one dog per home; Ada Ager, from Tustin, who supported the hobby kennel provision; Robert K. Hart, 2370 N. Flower, who stated that the proposed ordinance represented a tremendous step forward; that it would be a model ordinance across the country; and that it represented the highest degree of control over animals a City can have. He also stated that the people who participated in developing the ordinance and the legal staff of the City should be congratulated for a fine job; Mary Henry, 921 S. Lyon, who stated that many people had helped in creating this ordinance and that it g~ves the City control over the things the people who are objecting to it are complaining about; Mrs. Dolores Perez, 9762 [3th Street, who supported the hobby kennel provisions The City Attorney explained that there is another section of the Municipal Code concerning prohibition of excessive noise which would pertain to the noise of barking dogs. The Deputy City Attorney explained that Section 5-71 of the proposed ordinance sets forth the requirements for hobby kennels; that a person who is involved in the breeding and raising of dogs would be required to adhere to these requirements. The hearing was closed. Councilman Patterson made a motion, seconded by Councilman Villa, to add a section to the ordinance which would state that no person shall harbor or maintain upon his premises in' the City of Santa Ana more than two dogs within a single family residential area unless he complies with the hobby kennel provisions of the ordinance. The motion was adopted on the following roll call vote: AYES: NOES: ABSENT: tlerrin, Evans, Markel, Patterson, None None Villa, Yamamoto, Griset ORDINANCE NS-1020 AMENDING THE SANTA ANA MUNICIPAL CODE BY REPEALING AND RE-ENACTING CHAPTER 5 THEREOF RELATING TO ANIMAL CONTROL was passed to second reading with the added section, on motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried~ RECESS present. At 9:15 P.M., a five minute recess was declared. The Council reconvened at 9:25 P. M., with all Council members CITY COUNCIL -140- May 18, 1970 PUBLIC HEARING . Mayor Griset stated that a request APPEAL NO 234 - V,~ 70-20 ' h~d b~en received from Mrs. PLEASANT CARE Pauladskis to continue to June 1 Appeal No. 234, filed by Dolores Paulauskis~ Pleasant Care, appealing Planning Commission's decision on April 27, 1970, denying VA 70-20, filed by Pleasant Care, to construct a 58-bed facility for mentally retarded children, in the LP District at 1604 E. 4th Street. On motion of Councilman Patterson, seconded by Councilman Herrin and unanimously carried, the public hearing on Appeal No. 234 was continued to June 1, 1970, at 7:30 P.M., in the Council Chambers, City Hall Annex, 500 West Sixth Street. PUBLIC HEARING Hearing was opened on Appeal No. 235, APPEAL NO. 235 - VA 70-13 filed by Kevin O'Mahony, President of HARBOR PARK APARTMENTS West Santa Ana Improvement League, appealing Planning Commision's decision on April 27, 1970~ approving VA 70-13, filed by Harbor Park Apartments. to construct a two-story, 173 unit garden apartment complex in the C 4 District at 808 N. [{arbor Boulevard. The following persons spoke in favor of the appeal: Bill Walden, 3413 W. 5th Street, Vice President of the West Santa Ana Improvement League, speaking for Mr, O'Mahony, who could not be present, who stated that the association felt that a residential variance on this prime commercial property was not in the best interests of the residents in the area; Robert Levin, owner of property at 815 N. Harbor Blvd.; L.I,. Barnett, 3713 W. Hazard, owner of 3/4 acre on northwest corner of Harbor and Hazard; Reynaldo V~lenzuela, 810. N. Jackson; Mrs. Hendrick, 4701 Oakfield; Ralph Canfield, 5521 W. Silver Drive; Wands Martin, 4801 W. Oakfield; Mrs. Carol Bracken, 1110 N. West Street; Art Sherman, 4018 W. Celeste; Mrs. Hodgerson, 1121N. Elaine Drive; Carol Steadman, 4717 W. Oakfield; Mrs. Hayward, 4022 Celeste; Sally McConnell, 4421 W Roosevelt. These proponents opposed the so- called spot zoning; opposed having apartments in this commercial district on heavily travelled Harbor Boulevard; preferred to have a shopping center go in on that corner; and stressed the present overcrowding of the schools, without adding more children to the area, with the possibility that bussing to other schools would be necessary. Mrs. George Pickelhelmer, 1122 N. llarbor Blvd., owner of a bar in the area, asked if this would affect their C 2 zoning, to which the Mayor responded that it would not. Speaking in opposition to the appeal were: JohnGarrett, attorney representing the Harbor Park Apartments, stressing that this application is not for federal rent subsidy; that the financing is [00% conventional; that this would be an improvement in the area; that the apartments would rent from $170 to $250 per month. IIe stated that the property has been in escrow since October and that many meetings had been held with the Planning Commission before the variance was actually filed; that they had eliminated all of the 4-bedroom apartments, and thought they had been very reasonable in working out the details with the Planning Commission; and that further delay would cause the interest of financing agencies to run out. CI~g COUNCIL -141- May 18, 1970 APPEAL NO. 234 - VA 70-20 (Continued) Richard Ball, 666 E. 17th Street, Real Estate Representative for Gulf Oil Corporation, owner of the property, also spoke, relating the past history of the property. He stated that the property had been on the market for commercial development for four years but no one had been interested in developing it into a shopping center. Robert Hirsch, the applicant for the variance, stated the apartments would be a deluxe, conventional financed project, that 85% of the project would be 1 and 2 bedroom apartments, thereby not attracting many people with children. He explained that the parking and the lights would be 80 feet away from La Vergn Way which is a private street, 30 feet wide; that there would be a block wall and all of the setbacks and conditions would be carried out as required: and that they felt the project would be an asset to the community. James McConnell, 4421 W. Roosevelt, expresse~i the opinion that some of the people who were opposed to this project might have changed their minds since it is no longer to be a federally subsidized project for the elderly. The hearing was closed. After discussion by Council, on motion of Councilman Herrin, seconded by Councilman Evans, the action of the Planning Commission was overruled and the City Attorney was instructed to prepare a resolution denying Variance Application 70-13, on the following roll call vote: AYES: Herrin, Evans, Markel, NOES: Patterson, Villa ABSENT: None Yamamoto, Griset RECESS present. At 11:05 P.M., a five minute recess was declared. The Council reconvened at lhl0 P.M.. with all Council members BUDGET TRANSFERS It was moved by Councilman Herrin, seconded by Councilman Patterson, to approve the following Budget Transfers: Transfer of Funds from Fund 51-551, Select Streets, to Fund 51-563. Traffic Signals, in the amount of $5,100.00 (for added traffic signals). Transfer of Funds from Fund 51-259, Madison Park, to Fund 51-241, Buildings, in the amount of $4,000.00 (air conditioners for City Hall Annex). Transfer of Funds from Funds 11-321-141, 11-322-541, ll-324-381, 11-324-511, 11-329-111, 11-329-141, 11-329-331, to Fund 11-329-381, in the amount of $4,170.00 (replacement of pumper engine, Spec. 641-190). CITY COUNCIL -142- May 18, 1970 BUDGET TRANSFERS (Continued) The motion was adopted, with Councilman Markel voting "No". Dorothy Irwin, 1106 W. Glenwood Place, asked what the money in the Madison Park Fund was to have been used for. PROTEST MARCH Dorothy Irwin, 1106 W. Glenwood Place, voiced her objections to the protest march sponsored by the UCI Strike Committee which was held on May 10 and the program that followed at Memorial Park. LA BOLSA PARK Reynaldo Valenzuela, representing the Santa Anita Community, invited the City Council to the groundbreaking ceremonies for the new park, La Bolsa Park, on First Street near Harbor Boulevard, to be held Saturday, May 23rd at 10:00 A.M. ASSESSMENT DISTRICTS Jim Scheuneman, 4522 Sunswept Avenue, asked for information on what could be done to provide sidewalks in his neighborhood. The City Manager explained the assessment district procedures and requested Mr. Scheuneman to consult with the Public Works staff. BEER BARS Mayor Griset asked that an item be put on the next Agenda for discussion regarding zoning approaches for regulating beer bar establishments. Councilman Patterson asked the staff to provide the Council w'ith a report indicating the type of proposed regulation-- 300 feet, or a certain distance from R 1 areas-- which would prohibit on-sale beer establishments, and also to find out how this would affect the existing establishments. ADJOURNMENT At 11:45 P. M., there being no further business to come before the City Council, on motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried, the meeting was adjourned to 8:00 A. M,, Thursday, May 28, 1970, City Hall Annex, 500 West Sixth Street, for a joint breakfast meeting with the Planning Commission. Florence I. Malone Clerk of the Council CITY COUNCIL -143- May 18, 1970