HomeMy WebLinkAbout11-02-1970MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA
November 2, 1970
The meeting was called 1o order at 2:07 P. M., in the Council Chambers
of the City Hall Annex, 500 West Sixth Street, with the following Council-
men present: Wade Herrin, Vernon S. Evans, J. Ogden Markel, Ray
Villa, Harry K. Yamamoto, and Mayor Lorin Griset. Councilman
Jerry M. Patterson was absent, but arrived shortly. 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 Evans,
seconded by Councilman Herrin and
unanimously carried, the Minutes of
the Regular Meeting of October 19, 1970 were approved as submitted.
Councilman Patterson arrived at the Council Meeting.
EXECUTIVE SESSION At 2:10 P. M., the City Council
adjourned to Executive Session for
approximately one-half hour to
consider appointment to Bowers Museum Board. The Council reconvened
at 2:45 P. M., with all Councilmen present.
APPOINTMENT On Motion of Councilman Markel,
MUSEUM BOARD seconded by Councilman Herrin and
unanimously carried, James Faulkner
was appointed to the Bowers Museum Board, replacing William A. Lowe,
for the unexpired term ending June 30, 1972.
PROJECT 7017 On motion of Councilman Herrin,
FIRE DEPARTMENT seconded by Councilman Yamamoto
ROOFING and unanimously carried, Council
ordered filed report of bids received
for Project 7017, Construct Replacement Roofing for Fire Department
Headquarters Building; awarded contract to the low bidder, Lister Roofing;
and rejected all other bids. (This motion was later reconsidered.)
CITY COUNCIL
-309- November 2, 1970
Council considered the following Bid Awards and B id Calls:
PROJECT 6035 - Construction of Concrete Tennis
Court and All-Purpose Court in Sandpointe Park.
3. SPEC. 641-205 - One Air Compressor 125 CFM.
4. SPEC. 641-208 - One Cab & Chassis, 24,000 GVW,
Cab to Axle 102".
5. SPEC. 641-209 - One Cab and Chassis, 24,000 GVW,
Cab to Axle 122".
SPEC. 641-210 - 3 Cabs & Chassis, 20,000 GVW
(2 Cab to Axle 85", I Cab to Axle 96").
7. SPEC. 641-211 - One 1 1/2 Ton Truck & Cab,
15,000 GVW.
SPEC. 641-212 - Two 3/4 Ton Pickup Trucks,
7,500 GVW (1 with Standard Transmission, 1
with Automatic Transmission).
9. SPEC. 641-213 - One 1/2 Ton Pickup Truck.
10.
SPEC. 641-215 - Demolish various improvements
on W. First Street as approved by Council on
September 21.
11.
Request approval of plans and specifications and
authority to advertise for bids for the following:
(a)
Project 7018 - Furnish and install automatic
garage door at Police Facility Building,
opening November 30.
(b)
Project 7019 - Replacement of gas fired hot
water boiler in Fire Department Headquarters
Building, opening November 30.
(c)
Spec. 641-216 - Office Furniture (various
departments), opening November 30.
Since a presentation by the Chamber of Commerce regarding Ordinance
NS-1042 (utility user tax) was scheduled for the last item on the after-
noon Agenda, it was moved by Councilman Patterson, seconded by
Councilman Villa, to defer the remainder of the bid awards (Agenda
Items 2 through 10) and the bid calls (Agenda Items ll (a), ll (b) and
ll (c)) to the last item on the afternoon Agenda. The motion passed
on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Patterson, Villa, Yamamoto,
Evans, Markel
None
Griset
CITY COUNCIL
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November 2, 1970
On motion of Councilman Patterson, seconded by Councilman Villa, Council
moved fo reconsider award of contract for Project 7017 (Agenda Item 1), on
the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Patterson, Villa, Yamamoto, Griset
Evans, Markel
None
It was then moved by Councilman Patterson, seconded by Councilman Villa,
that Project 7017 (Agenda Item 1) be considered at the end of the afternoon
Agenda prior to Agenda Items 2 through 11. The motion passed on the
following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Patterson, Villa, Yamamoto,
Evans, Markel
None
Griset
READING WAIVED On motion of Councilman Herrin,
seconded by Councilman Patterson
and unanimously carried, the full
reading of ordinances and resolutions, the titles of which appeared on
the public Agenda, was waived.
ORD. NS-1041 - STREET ORDINANCE NS-1041 AMENDING THE
DEDICATION AND SANTA ANA MUNICIPAL CODE BY
IMPROVEMENT ADDING SECTION 33-47 RELATING
TO THE DEDICATION AND IMPROVEMENT
OF CITY STREETS was adopted, on motion of Councilman Herrin, seconded
by Councilman Patterson, on the following roll call vote:
AYES: Herrin, Evans,
Griset
NOES: None
ABSENT: None
Markel, Patterson, Villa,
Yamamoto,
ORD. NS-1046 -A. A. 672 ORDINANCE NS-1046 CHANGING DISTRICT
NATIONAL LAND CLASSIFICATION ON AMENDMENT
DEVELOPMENT CO. APPLICATION 672 FILED BY NAZI ONAL
LAND DEVELOPMENT COMPANY AND
AMENDING SECTIONAL DISTRICT MAP 6-5-9 (EXHIBIT AA 672 A) (south-
west corner of Fairhaven and Grand) was adopted, on motion of Councilman
Evans, seconded by Councilman Markel, on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Markel, Patterson, Villa, Yamamoto,
Griset
None
None
CITY COUNCIL -311- November 2, 1970
ORD. NS-1034 - A.A. 673 ORDINANCE NS-1034 CHANGING DISTRICT
NELSON CLASSIFICATION ON AMENDMENT
APPLICATION 673 FILED BY NATHAN K.
NELSON AND AMENDING SECTIONAL DISTRICT MAP 9-5-10 (EXHIBIT AA 673B)
(north side of Hazard approximately 215' west of Harbor) was passed to second
reading, on motion of Councilman Herrin, seconded by Councilman Patterson,
on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Patterson,
Markel, Yamamoto
None
Villa, Griset
RES. 70-106 - VA 70-29 RESOLUTION 70-106 OVERRULING THE
NEEB DECISION OF THE PLANNING COMMISSION
AND DENYING A VARIANCE ON VARIANCE
APPLICATION 70-29 FILED BY ARTHUR E. NEEB was adopted, on motion of
Councilman Herrin, seconded by Councilman Patterson and unanimously carried.
RES. 70~101 - VACATION It was moved by Councilman Patterson,
PORTION OF McFADDEN seconded by Councilman Evans and
unanimously carried, to waive full
reading and consider by title only Resolution 70-101.
RESOLUTION 70-101 APPROVING MAP AND DECLARING INTENTION TO
VACATE A PORTION OF McFADDEN AVENUE WEST OF VILLAGE WAY
(setting hearing for December 7, 1970) was adopted, on motion of Council-
man Patterson, seconded by Councilman Evans and unanimously carried.
SANTIAGO CREEK CHANNEL On motion of Councilman Herrin,
seconded by Councilman Patterson and
unanimously carried, Council
authorized execution by the Mayor and Clerk of Permit to Orange County
Flood Control District for ingress and egress to Santiago Creek Channel.
BUS SYSTEM STUDY Proposed Agreement with Allen M.
Voorhees & Associates, Inc. for a
study of the local bus sysiem was
deferred to the next Council meeting on motion of Councilman Patterson,
seconded by Councilman Evans and unanimously carried.
RES. 70-107 - CITY HALL It was moved by Councilman Patterson,
LEASE AMENDMENT seconded by Councilman Villa, to waive
full reading and consider by title only
Resolution 70-107. The motion passed on the following roll call vote:
AYES: Herrin, Evans, Markel,
Griset
NOES: None
ABSENT: None
Patte~'sou, Villa,
CITY COUNCIL
-312 -
November 2, 1970
RESOLUTION 70-107, RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA, CALIFORNIA, APPROVING AS TO FORM A CERTAIN
AMENDMENT TO SANTA ANA CITY HALL LEASE was adopted, on motion
of Councilman Patterson, seconded by Councilman Villa, on the following
roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Patterson, Villa, Yamamoto, Griset
Markel
None
RESIGNATION On motion of Councilman Villa,
seconded by Councilman Markel and
unanimously carried, Council accepted
with regret the resignation of Wyatt J. Frieson from the Planning Commission
and the Clerk was directed to send a letter of appreciation to Mr. Frieson.
LONG BEACH ~E~LU~ON~ On motion of Councilman Herrin,
seconded by Councilman Yamamoto and
unanimously carried, Council referred
to staff for a recommendation the City of Long Beach resolution regarding
utilization of surplus military aircraft in fighting forest fires. Councilman
Markel remarked that this Resolution should have been presented to the
League of California Cities Conference held in San Diego last week.
RECESS
At 3:20 P. M., a five minute recess was
declared. The Council reconvened at 3:25
P. M., with all Council members present.
ALCOHOLIC BEVERAGE On motion of Councilman Herrin, seconded
LICENSE APPLICATIONS by Councilman Patterson and unanimously
carried, the City Attorney was directed
to file a protest with the Alcoholic Beverage Control Board on the application
for Honey Bee, 1411 E. First, New Manager Application, and the following
Applications were ordered filed:
Viviano's Villa, 3601 W. 1st, New On Sale General;
Santa Ana Blvd. Liquor, 1307 W. Santa Ana Blvd.,
New Off Sale General;
Chuck's Market, 419-21 N. Euclid, Off Sale Beer
& Wine, Person Transfer;
San Francisco Lounge, 811 N. Broadway, Off Sale
General, Person & Premises Transfer;
Mascola's Restaurant, 1615 E. 17th, On Sale
General, Stock Transfer;
Anthony's Spaghetti House,-4nc., 605 S. Harbor,
On Sale Beer & Wine, Person Transfer;
J. Mathews Vintners, 1640 E. Edinger, New Off
Sale Beer & Wine.
CITY COUNCIL
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November 2, 1970
SOLICITATION APPLICATIONS On motion of Councilman Herrin,
seconded by Councilman Patterson
and unanimously carried, the following
Solicitation Applications were approved,'
March of Dimes, annual drive, January 1 - 31, 1970.
Post 760 & Auxiliary - Jewish War Veterans, Poppy sale,
November 4 - 11, 1970.
ALSAC, annual drive, door-to-door, November 14-21, 1970.
Orange County Epilepsy Society, annual drive,
November 1 - 30, 1970.
PUBLIC PROPERTY USE On motion of Councilman Herrin,
seconded by Councilman Patterson and
unanimously carried, Council approved
the Application for Special License to Use Public Property, Santa Ana Junior
Chamber of Commerce, Christmas Parade, December 12, 1970, h00 P.M.
4:00 P. M.
PUBLIC PROPERTY USE It was moved by Councilman Herrin,
seconded by Councilman Evans to deny
the Application for Special License to
Use Public Property, Southwestern Broadcasting Corp., KYMS Radio, for
use of the Santa Aha Stadium, 10:00 A.M. - 6:00 P. M., date not known,
for musical entertainment: "Battle of the Bands". The motion passed on
the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Markel, Villa, Yamamoto, Griset
Patterson
None
EXPLORER POST BOXING On motion of Councilman Patterson,
seconded by Councilman Villa and
unanimously carried, the letter dated
October 27, 1970 from Kenneth W. Hickenbot, tom, Scout Executive, Boy
Scouts of America, requesting use of City-owned building at 1729 West First
Street for Rotary Club sponsored boxing activity for an Explorer post, was
referred to staff.
TRAFFIC
on motion of Councilman Herrin,
unanimously carried.
The report of control devices removed
or installed October 12, 1970 through
October 26, 1970 was ordered filed,
seconded by Councilman Patterson and
CITY COUNCIL -314- November 2, 1970
VARIANCE AND On motion of Councilman Patterson,
CONDITIONAL USE seconded by Councilman Villa and
PERMIT unanimously carried, Council adopted
the findings of fact, conclusions and
decisions of the Planning Commission or Zoning Administrator as action of
the City Council on the following:
VA 70-53, BULLOCK'S REALTY CORP. -
construct 57' high, on-premise advertising
sign adjacent to Santa Aha Freeway in C 2
District at 2850 N. Main Street - APPROVED
to construct two 35' signs, one adjacent to the
Garden Grove Freeway, the other adjacent to
the Santa Aha Freeway.
VA 70-56, HAROLD T. SEGERSTROM, ET AL -
construct a 390 unit garden apartment development
in the M 1 District at 2750 Segerstrom Avenue -
APPROVED.
It was moved by Councilman Patterson, seconded by C'ounoilman Evans to
adopt the finding of fact, conclusion and decision of the Planning Commission
or Zoning Administrator as action of the City Council on the following:
VA 70-55, V.R. OLTMANNS - construct a 100 unit
garden apartment development in the A 1 District
at 3930 W. Fifth Street - APPROVED.
The motion passed on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Patterson, Villa, Yamamoto, Griset
Markel
None
PUBLIC PROPERTY USE Council considered the Application for
Special License to Use Public Property
filed by Harvesters Church of God In
Christ, for open air preaching on Saturdas~, 10:00 A.M. - 1:00 P. M.,
2:00 - 5:00 P.M., at Mayfair Parking lot at 2030 West First, at Fourth
and Bristol Streets, and in City parks.
The City Attorney expressed his opinion that the application was much too
broad and too general in its terms; that granting would, in effect, give
applicant permission to conduct church in the City parks; that the Mayfair
parking lots were not public property; and that he would recommend denial.
He explained that the applicant could modify the application and submit again.
On motion of Councilman Herrin, seconded by Councilman Patterson and
unanimously carried, the application was denied, and the City Attorney was
directed to explain to the applicant the basis for the denial.
CITY COUNCIL
-315 -
November 2, 1970
ASSESSMENT DISTRICT 236 A letter dated October 26, 1970
from Moulder Bros. Contractors,
requesting reimbursement for
damages, Assessment District No. 236, was referredto staff for report
back at the next Council meeting, on motion of Councilman Villa, seconded
by Councilman Patterson and unanimously carried.
RECESS
pre sent.
At 3:47 P.M., a five minute recess
was declared. The Council reconvened
at 3:53 P. M., with all Council members
PARCEL MAP 674 Parcel Map 674, filed by Jesse Ojeda,
creating three (3) C 5 parcels and one (1)
R 4 parcel on the south side of Seventeenth
Street, 196 feet west of Mabury Street, was approved subject to aonditions in
Planning Director's report dated October 27, 1970 and alley requirement was
waived, on motion of Councilman Herrin, seconded by Councilman Evans and
unanimously carried.
PARCEL MAP 677 Parcel Map 677, filed by R. D. Kalayjian,
creating four (4) M 1 parcels on the north
side of St. Gertrude Place, 524 feet east
of Grand Avenue, was approved subject to conditions in Planning Director's
report dated October 26, 1970, on motion of Councilman Herrin, seconded by
Councilman Evans and unanimously carried.
PARCEL MAP 678 Parcel Map 678, filed by Thoner &
Birmingham, creating two (2) R 4
parcels on the south side of MacArthur
Blvd., approximately 300 feet east of Bristol Street, was approved subject
to conditions in Planning Director's report dated October 26, 1970 and alley
requirement was waived, on motion of Councilman Herrin, seconded by
Councilman Evans and unanimously carried.
PARCEL MAP 680 Parcel Map 680, filed by M.P.G.
Ranch, creating two (2) M 1 parcels on
the east side of Lyon Street, 360 feet
north of Maywood Street, was approved subject to conditions in Planning
Director's report dated October 26, 1970, on motion of Councilman Herrin,
seconded by Councilman Evans and unanimously carried.
CITY COUNCIL
'316 -
November 2, 1970
DEEDS WITH CAS H It was moved by Councilman Patterson,
GRANTEE, CITY seconded by Councilman Herrin, to
approve the following deeds and
authorize execution of the escrows by the Mayor:
Young, north side of First, west side of
Pacific, street purposes.
Falcon, north side of First, east of
Townsend, street purposes.
Esparza, north side of First, west of
Western, street purposes.
Castillo, north side of First, east of
Raitt, street purposes.
The motion passed on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Patterson, Villa, Yamamoto, Griset
Markel
None
DEEDS, NO CASH The Report of No-Cash Deeds accepted
GRANTEE, CITY by the City Manager, pursuant to Resolu-
tion No. 69-156, from October 15, 1970
through October 18, 1970, was ordered filed, on motion of Councilman Patterson,
seconded by Councilman Herrin and unanimously carried.
AGENDA ORDER On motion of Councilman Herrin,
seconded by Councilman Yamamoto
and unanimously carried, Agenda Item
No. 56 regarding proposed City of Irvine, was deferred until after the
utility user tax discussion.
R.C. HOILES On motion of Councilman Markel,
MEMORY HONORED seconded by Councilman Herrin and
unanimously carried, the memory of
Mr. R. C. Hoiles was honored by the City Council with a moment of silent
prayer. Councilman Markel also offered a spoken prayer.
CITY COUNCIL
-317 -
November 2, 1970
UTILITY USER TAX Bryn Evans, President of the Santa Ana
Chamber of Commerce, stated that the
Chamber's position had not changed in
supporting the utility user tax for a temporary period if a long term method
of financing capital 'improvements were immediately developed; however,
it was their feeling that this matter had divided the Council, the citizens
and the community; that in order to have a successful bond issue, unity
was essential and that the only way to achieve unity would be for the Council
to repeal Ordinance NS-1042 providing for the utility user tax. Mr. Evans
further stated that the Chamber of Commerce had determined that repeal of
the ordinance would be in the best interests of Santa Anain promoting
harmony and support for a bond issue and that the Chamber had authorized
him to appear at this meeting to request that the City Council repeal the
ordinance, and to assure the Council of Chamber support of a bond issue.
A motion was made by Councilman Yamamoto, seconded by Councilman
Patterson, to repeal Ordinance NS-t042.
Councilman Villa stated for the record that he felt it was a sad state of
affairs when the Council took one position and then changed over to another,
that Council was losing faith, not only with the people but with themselves;
that if arguments were submitted that the City did not need the money now,
that would be fine. He stated he was convinced a bond issue would not pass
and that if the arguments were weighed one against another for a bond issue
or a 5% utility user tax, he felt the utility tax would be more advantageous.
Councilman Villa quoted from a League of California Cities pamphlet
that close to 40 charter cities presently are imposing a tax on consumption
of utility services. He stated that many commitments had been made based
on the fact that the utility user tax ordinance was adopted; that now Council
would have to go back and cut projects out - first, parks, then the helicopter
service which was requested by the Police Chief, knowing full well the
concept of this program in the fast growing crime rate in this county.
Councilman Villa stated that it is a proven fact that the helicopter program
does displace the criminal element to areas where aerial observation is not
used, and that to provide the same protection for our citizens as our
neighboring cities have, we must provide the same service and equipment.
He explained that when the Police budget was prepared, the Police Chief was
informed that if his staff received the helicopter program, no additional
personnel could be added to his staff, and that if the helicopter program
had not been requested, there would have been a request for 18 or 19
additional personnel in the Police Department in its place. Councilman
Villa further stated that if the utility tax ordinance is repealed and funds
are not available for the helicopter program, it will put us behind our
neighboring cities and the Police Chief will receive neither the helicopter
program nor the additional needed manpower. He explained that this was
only one ftem in the unfunded list of capital improvements. He asked if
Council had considered the consequences and requested that Council
reconsider the proposed repeal. Mr. Villa stated that Council is losing
faith with the people and is going to lose faith with its beliefs, too.
CITY COUNCIL
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November 2. 1970
Councilman Yamamoto explained his stand. He stated that the people he
had talked with realized the City needed money and they were for the utility
tax when he explained it to them; that recently he has explained the bond
issue to them and the people he talked with were in favor of it. He
explained that he was not backing down from his original position, but
that just as the Chamber of Commerce had changed, he was also because
the people he has talked with want it.
Councilman Evans stated he would strongly support the motion to repeal
Ordinance NS-1042.
Councilman Patterson stated he felt Council should focus on the future
of Santa Ana and the capital improvements that would be needed over
the next ten years, which would not be obtained through the utility tax
or the property tax; and that he felt the bond issue would be the best
way to go, that it would be the only way to provide all of the needs and
services of the City. Councilman Patterson stated that if anything had
been achieved with the adoption of the utility user tax, it has been
communication with the people and that they see what the City is faced
with; that he felt the community had been brought together and that Council
would have the support of all of the organizations for a bond issue; and
that he was reconsidering his position in regard to the utility user tax.
Councilman PIerrin expressed admiration for the position the Chamber of
Commerce had taken; and he also felt there had been a real pulse of the
community reflected and demonstrated in regard to the utility tax. He
expressed confidence that the people of the community would vote
intelligently.
Councilman Villa said he would stick to his guns, he would compromise
anything, but would not compromise principle. He stated the City would
have an unbalanced budget, that many items already in the budget would
be cut back, and that the Council would be putting the City in jeopardy
by repealing the utility tax.
Gary Wood, 1413 E. Keegan Way, Vice President of the Board of Realtors,
endorsed the comments made by the Chamber of Commerce and stated that
the Board of Realtors would work with the Council in passing a bond issue.
It was moved by Councilman Patterson, seconded by Councilman Herrin and
unanimously carried, to waive full reading and consider by title only
Ordinance NS-1048.
ORDINANCE NS-1048 REPEALING ORDINANCE NS-1042 PROVIDING FOR
UTILITY USER TAX was adopted as an urgency ordinance, on motion of
Councilman Herrin, seconded by Councilman Patterson, on the following
roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Markel, Patterson, Yamamoto, Griset
Villa
None
CITY COUNCIL
-319-
November 2, 1970
Janice Boer stated that in view of the action just taken, she would not
continue to circulate her initiative petition.
RECESS
Council members present.
At 4:40 P. M., a five minute
recess was declared. The Council
reconvened at 4:45 P. M., with all
UTILITY USER TAX (continued)
ORDINANCE NS-1048 REPEALING ORDINANCE NS-1042 PROVIDING FOR
UTILITY USER TAX was passed to second reading, on motion of Council-
man Patterson, seconded by Councilman Herrin. Councilman Villa voted
"No".
Councilman Patterson stated that Council had originally wanted to set a
bond issue election at the earliest possible time, but the immediacy is
not there to call a special election, so he would officially place the Council's
position on record by the following motion:
On motion of Councilman Patterson, seconded by Councilman Yamamoto,
the Mayor was directed to appoint a blue ribbon committee, that such
committee review the capital improvements needs of the City and
recommend to the City Council items to be included in a bond issue; and
that the bond issue election be held in conjunction with the General
Municipal Election on April 6, 1971. The motion passed on the following
roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Patterson, Yamamoto, Griset
Markel, Villa
None
Preceding the vote on the above motion, Councilman Markel stated that
he had never, at any time during all of the discussions on the utility tax,
had in mind making a compromise with anyone to eliminate this tax or
go into a bond issue as a substitute for it; and that he was not in favor of
the utility user tax and never had been.
BID AWARD AND On motion of Councilman Patterson,
BID CALLS seconded by Councilman Yamamoto and
unanimously carried, action on Agenda
Items 1 through 11 (Bid Awards and Bid Callsl was deferred to the next
Council meeting and if this is unacceptable to any of the bidders, it was
directed that their bids b e rejected.
CITY COUNCIL
-320-
November 2, 1970
PROPOSED CITY OF IRVINE Council authorized consideration of the
employment of a Planning Consultant to
study the impact of the Irvine plan on
the City of Santa Aha, on motion of Councilman Patterson, seconded by
Councilman Villa, on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Patterson,
Markel
None
Villa, Yamamoto, Griset
STREET ENCROACHMENT The request by Mr. Jillson, of the
PERMIT South Main Improvement Association,
for a street encroachment to allow for
the suspension of a Christmas decoration across the public right of way, east
to west, in the vicinity of 1438 South Main Street during the Christmas
holiday season was approved, on motion of Councilman Evans, seconded
by Councilman Herrin and unanimously carried.
PETITION Mrs. Wilma Potter, 428 West First
Street, presented a petition containing
approximately 19 signatures, requesting
the retention of the on-street parking along Ross Street.
The petition was referred to staff for a report and recommendation, on
motion of the Councilman Evans, seconded by Councilman Herrin and
unanimously carried.
RECESS At 5:30 P. M., the meeting was recessed
to 7:30 P. M., at which time it was
reconvened with all Council members
present. Following the Plege of Allegiance to the Flag, the Invocation was
delivered by the Reverend Gerald Bash of the First Christian Church.
BOWERS MUSEUM BOARD Mayor Griset introduced James Faulkner,
APPOINTMENT appointed to the Bowers Museum Board
at the afternoon meeting. Mr. Faulkner
came forward and was given the Oath of Office by the Clerk of the Council.
PUBLIC HEARING
AMENDMENT APPLICATIONS
664, 665, 668, 662, 663, 666,
667, 669 (AGENDA NOS. 70
THROUGH 77)
would enable the applicant to make a
under consideration as well as those
Mayor Griset explained that with the
consent of the Council and the applicant,
it would be in order to combine Amend-
ment Applications 662-669. inclusive,
into one general hearing due to the fact
that they were inter-dependent; that this
general presentation on the overall area
persons interested in the proposed
CITY COUNCIL
-321-
November 2, 1970
development; and that following this, each individual application could
be taken under advisement, at which time an opportunity for testimony
on an individual basis would be granted. This procedure was agree-
able to Council and applicant.
The public hearing was opened on the following Amendment Applications:
AMENDMENT APPLICATION 664 - Filed by O. K. Earl
Corporation, proposing amendment of Sectional District
Map 8-5-9, by rezoning from the R 1 District to the LP
District property located on the west side of Tustin
Avenue between Seventeenth and Fruit Streets.
AMENDMENT APPLICATION 665 - Filed by O. If. Earl
Corporation, proposing amendment of Sectional District
Map 8-5-9 by rezoning from the R 1 District to the LP
and C 5 Districts property located on the west side of
Tustin Avenue between Fruit and Fourth Streets.
AMENDMENT APPLICATION 668 - Filed by O. K. Earl
Corporation, proposing amendment of Sectional District
Map 8-5-9 by rezoning from the R 1 District to the LP
and C 5 Districts property located on the north side of
First Street between Tustin Avenue and the Santa Ana
Freeway.
AMENDMENT APPLICATION 662 - Filed by O. K. Earl
Corporation, proposing amendment of Sectional District
Map 8-5-9, by rezoning from the R 1 District to the R 4
District property located on the east side of Mabury Street
between Seventeenth and Fruit Streets.
AMENDMENT APPLICATION 663 - Filed by O. K. Earl
Corporation, proposing amendment of Sectional District
Map 8-5-9, by rezoning from the R 1 District to the R 4
District property located on the north side of Fruit Street
between Tustin Avenue and Mabury Street.
AMENDMENT APPLICATION 666 - Filed by O. K. Earl
Corporation, proposing amendment of Sectional District
Map 8-5-9, by rezoning from the lq 1 District to the R 4
District property located on the south side of Fruit Street
between Tustin Avenue and Sherry Lane.
AMENDMENT APPLICATION 667 - Filed by O. K. Earl
Corporation, proposing amendment of Sectional District
Map 8-5-9, by rezoning from the R 1 District to the C 5
and R 1 B Districts property located on the north side
of Fourth Street between Golden Circle Drive and the
Santa Ana Freeway.
CITY COUNCIL
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November 2, 1970
AMENDMENT APPLICATION 669 - Filed by O. K. Earl
Corporation, proposing amendment of Sectional District
Map 8-5-9, by rezoning from the R 1 District to the C 5
and R 1 B Districts property located on the south side of
Seventeenth Street between Mabury Street and willi~ims
Street.
Proponents speaking in favor:
Orrin K. Earl, representing the O. K. Earl Corporation,
applicant, explained that these applications were for general
development of the Mabury Orchards in east Santa Aha; the
area proposed to be developed is between Mabury and Tustin
Avenue and between First and Seventeenth Streets.
H. Randall Stoke, representing the O. I~. Earl Corporation,
explained that their studies had included traffic, engineering,
landscaping and economic studies, as well as design; that this was
an integrated plan for the last undevel<)ped ', large parcel of land
in east Santa Aha; that within the plan they had tried to provide a
variety of land uses which are consistent with the surrounding
property. Pie urged approval of the Amendment Applications,
stating the developer concurred basically with the Planning
Department recommendations.
Ron Izumita, representing POD Landscape ArchitectS j, presented
slide projections of the master plan and the concept of the proposed
development.
William S. Lund, Executive Vice President, Economic Research
Associates, stated that in undertaking the project they had tried
to be very much aware of the surrounding land uses and the socio-
economic and physical factors; that subject property was unique,
lying between two freeways and surrounded by four arterial
highways, and adjacent to single family residences, commercial,
offices and apartments; that they had tried to focus on those uses
for which there would be a long term demand. Mr. Lund explained
they felt that the garden apartment complex, together with low rise
offices and supplemental shopping, would provide an integrated
program of land uses that would be consistent with past development
trends now and in the future. He stated that a survey of the school
enrollment in the area and an area school district study had shown
there would not be a requirement for additional school facitities.
Mr. Lund also pointed out the advantages to the City in increased
revenue from taxes. Mr. Lund summarized his presentation by
stating the developer felt that based on the changing life style and
changing density and also because of the geographic location of the
property, there is a strong demand for a predominance of garden
apartments.
CITY COUNCIL
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November 2, 1970
Mr. Stoke spoke again, explaining that they planned to provide
recreational amenities for the residents and that the Mabury
Company would dedicate a five-acre park to the City, subsequent
to a determination by staff and the property owner as to what
exact location would best serve the needs of the area, in
conjunction with the adoption of the re-zoning ordinances, contingent
upon the postponement of its development as a park until the
commencement of the development of the Mabury orchards. He
also stressed that an important element of the plan would be a new
street, Sherry Boulevard, the dedication of which has been offered
by David Shane, et al and the Mabury Company, to be developed
to a width of 80 feet with a parkway median. He stated that the
density of the proposed development would be less than 10 units
per acre, a low range density on the City's Master Plan. Mr.
Stoke explained that this would be a 5 to 10 year project and that
it would mean much to the City in construction work, jobs, payrolls
and sales tax.
In response to Councilman Patterson's inquiry regarding the
100-foot buffer area to be zoned R 1 along the north side of
Fruit Street and east side of Mabury Street, Mr. Stoke explained
that there would be parking within this area with a landscaped
screening berm and that they would be applying for variances to
allow this use.
RECESS
all Council members present.
At 8:48 P.M., a five minute
recess was declared. The Council
reconvenedat 8:55 P.M., with
O.K. EARL AMENDMENT APPLICATIONS (Continued)
Proponents speaking in favor:
Donald Christeson, 1441 East 17th Street, on behalf of the Santa Ana
Chamber of Commerce, and as a Trustee of the Santa Ana Community
Hospital.
Dave Hook, 2021 East 4th Street.
Opponents speaking against:
Eric Lassen, 14152 Windsor Place, on behalf of the Citizens for
Fair Zoning, representing property owners in the area bounded
by Grand, Tustin, Fourth, and the Santa Ana Freeway, referred
Council to a booklet previously forwarded to them entitled
"Santa Aha is a Nice Place to Visit But You Wouldn't Want to
Live There". He stated that the people now living in the area
wish to preserve their neighborhood and their homes; that
CITY COUNCIL -324- November 2~ 1970
in the vast majority of the proposals, there is no disagreement
between the O. K. Earl Company and the area residents; and that
their main opposition is focused on Amendment Applications 662
and 663, requesting a change of zone from R 1 to R 4.
Carl Schwarz, 702 Mabury, representing Mabury Home Owners
Association, who filed a petition containing approximately 682
signatures of home owners in the area of the proposed development,
supporting the recommendations of the Planning Commission,
including the denials of Amendment Applications 662 and 663 and
Specific Plan for Street Alignment No. 39. The petition also
contended that such changes would violate the integrity of what is
predominately single-family "core" area, would bring a huge
congestion of people, automobiles, and multiple-story buildings
into an already crowded and smog-ridden area, and would leave
much to be desired from a purely long-range planning standpoint
considering that Mabury Ranch is one of the last great "open
spaces" left in the city. The petition was ordered filed, on motion
of Councilman Herrin, seconded by Councilman Patterson and
uananimously carried.
Thomas Hall, 18118 East Fourth Street, Tustin, owner and
developer of property in the area, specifically opposed to
Amendment Application 667.
Conrad Petersen, 1125 N. Concord, member of Citizens for
Fair Zoning.
Brooks Hoar, 1609 E. Washington, member of Citizens for
Fair Zoning.
Mrs. Thomas Kearney, 901 N. Mirasol.
David Schooling, 1542 E. Stafford.
Mrs. Robert Huish, 1002 N. Mirasol~
Leona Gable, 913 Dayna;
Bernard Marshall, 1001 N. Concord.
The hearing was closed.
RECESS
pre sent.
At 10:47 P. M., a five minute recess
was declared. The Council reconvened
at 11:00 P.M., with all Council members
CITY COUNCIL
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November 2, 1970
AMENDMENT APPLICATION 664 - Amendment Application 664 was
approved and the City Attorney was instructed to prepare an ordinance
to reclassify the property according to Exhibit A (from R 1 to LP),
on motion of Councilman Herrin, seconded by Councilman Patterson,
on the following roll call vote:
AYES: Herrin, Evans, Markel, Patterson, Villa,
: Yamamoto, Griset
NOES: : None
ABSENT: None
AMENDMENT APPLICATION 665 - Amendment Application 665 was
approved and the City Attorney was instructed to prepare an ordinance to
reclassify the property according to Exhibit B (from R 1 to LP), with
the added modification of the north-south street, on motion of Council-
man Patterson, seconded by Councilman Villa, on the following roll
call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Markel, Patterson, Villa,
Yamamoto, Griset
None
None
AMENDMENT APPLICATION 668 - Amendment Application 668 was approved
and the City Attorney was instructed to prepare an ordinance to reclassify
the property according to Exhibit A (from R 1 to LP and C 5), on motion of
Councilman Patterson, seconded by Councilman Yamamoto, on the following
roll call vote:
AYES:
NOES:
ABSENT:
tterrin, Evans, Markel, Patterson, Villa,
Yamamoto, Griset
None
None
AMENDMENT APPLICATION 662 - After discussion by Council of
Amendment Application 662, recommended for denial by the Planning
Commission, it was moved by Councilman Markel, seconded by Council-
man Patterson, to deny Amendment Application 662. Further discussion
ensued regarding the offer of the proposed 5 acre park and the 100 foot
R 1 buffer zone around subject area. The motion to deny Amendment
Application 662 failed to pass on the following roll call vote:
AYES:
NOES:
ABSENT:
Markel, Patterson
I-Ierrin, Evans, Villa, Yamamoto0 Griset
None
CITY COUNCIL
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November 2, 1970
Amendment Application 662 was approved and the City Attorney was instructed
to prepare an ordinance to reclassify the property according to Exhibit B witk
the iR 1 buffer zone (from R 1 to 1~ 4), on motion of Councilman Villa, seconded
by Councilman Herrin, on the following roll call vote:
AYES: Herrin, Evans, Villa, Yamamoto, Griset
NOES: Markel, Patterson
ABSENT: None
AMENDMENT APPLICATION 663 - Amendment Application 663 was approved
and the City Attorney was instructed to prepare an ordinance to reclassify the
property according to Exhibit B with the R 1 buffer zone (from R 1 to R 4), on
motion of Councilman Villa, seconded by Councilman Yamamoto, on the
following roll call vote:
AYES: Herrin, Evans, Patterson, Villa, Yamamoto, Griset
NOES: Markel
ABSENT: None
AMENDMENT APPLICATION 666 - Amendment Application 666 was approved
and the City Attorney was instructed to prepare an ordinance to reclassify the
property according to Exhibit B (from R 1 to R 4 with buffer strip), on motion
of Councilman Yamamoto, seconded by Councilman Patterson, on the following
roll call vote:
AYES: Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset
NOES: None
ABSENT: None
AMENDMENT APPLICATION 667 - Amendment Application 667 was approved
and the City Attorney was instructed to prepare an ordinance to reclassify
the property according to Exhibit C (from R 1 to LP withbuffer strip), on motion
of Councilman Villa, seconded by Councilman Evans, on the following roll call
vote:
AYES: IIerrin~ Evans, Markel, Patterson, Villa, Yamamoto, Griset
NOES: None
ABSENT: None
AMENDMENT APPLICATION 669 - Amendment Application 669 was approved
and the City Attorney was instructed to prepare an ordinance to reclassify the
property according to Exhibit B (from R 1 to C 5 and R 1 B, ~vith R 1 buffer
strip), on motion of Councilman Patterson, seconded by Councilman Villa, on
the following roll call vote:
AYES: Herrin,
NOES: None
ABSENT: None
Evans, Markel, Patterson, Villa, Yamamoto, Griset
CITY COUNCIL -327- November 2, 1970
PUBLIC HEARING The public hearing was opened on
S.P.S.A. NO. 39 S.P.S.A. No. 39to consider
establishing a specific street
alignment for Sherry Boulevard from Fourth Street to Seventeenth Street,
a distance of 4, 512 feet.
H.R. Stoke, representing the O.K. Earl Corporation, spoke in favor of the
street alignment, explaining that it was an essential part of their overall project.
Carl Schwarz expressed concern about foot access to the park for the children
in the area and suggested that Fruit Street and Sixth Street be widened; that
possibly an under-ramp or over-ramp cound be put in for Sherry Boulevard;
and that Mabury be cul de saced.
Mrs. Thomas Kearney and Mrs. Robert Huish also expressed concern regarding
the children crossing the heavily traveled streets.
The Public Works Director explained that his department would probably
support the cul de sac; that studies would be made regarding the manner in which
it would relate to future design of the Santa Aha Freeway; and that traffic signals
would be put in at Seventeenth and Sherry and, when the need arises, at Fruit
and Sherry.
The hearing was closed.
Specific Plan for Street Alignment No. 39 was referred to the Planning Commission
for a report back to Council, on motion of Councilman Herrin, seconded by
Councilman Villa, on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset
None
None
PUBLIC HEARING Hearing was opened on Amendment
AMENDMENT APPLICATION 674 Application ~74, filed by Harold T.
SEGERSTROM Segerstrom, Et Al, proposing
amendment of Sectional District
Map 27-5-10, by rezoning from the M 1 District to the R 4 District property
located on the south side of Segerstrom Avenue between Fairview Street and
Greenville Street.
Ted Atkins, Planning Development Coordinator for applicant, and Jim Myers,
with Levitt & Sons of Calii'ornla, were present and offered to answer any
questions Council might have on the application.
No one spoke in opposition.
The hearing was closed.
Amendment Application 674 was approved and the City Attmrney ~s instructed
to prepare an ordinance to reclassify the property according to Exhibit A, on
motion of CouncilmanHerrin, seconded by Councilman Markel, on the following
roll call vote:
AYES: Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset
NOES: None
ABSENT: None
CITY COUNCIL
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November 2, 1970
PUBLIC HEARING Hearing was opened on Amendment
AMENDMENT APPLICATION 675 Application 675, filed by Harold
SEGERSTROM T. Segerstrom, Et Al, proposing
amendment of Sectional District
Map 27-5-10, by rezoning from the R 1 District to the R 4 and C 1 Districts, and
the C 1 District to the R 4 District property located on the south side of Warner
Avenue between Fairview Street and Greenville Street.
There being no response to the call for testimony, the hearing was closed.
Amendment Application 675 was approved and the City Attorney was instructed
to prepare an ordinance to reclassify the property according to Exhibit A, on
motion of Councilman Herrin, seconded by Councilman Markel, on the following
roll call vote:
AYES: Herrin, Evans, Markel,
NOE S: None
ABSENT: None
Patterson, Villa, Yamamoto, Griset
RECESS
members present.
At 12:15 A. M., a five minute recess
was declared. The Council reconvened
at 12:23 A.M., with all Council
ORD. NS-1047
OBNOXIOUS CONDUCT
CERTAIN OBNOXIOUS CONDUCT.
It was moved by Councilman Evans,
seconded by Councilman Markel, to
adopt ORDINANCE NS-1047 PROHIBITING
The following persons spoke in support of the adoption of the subject ordinance:
Dick I~aumann, 10171 Cunningham, Westminster; Robert Scott, 910 N. Westwood;
Glen MacFarland, 522 E. Chestnut; Ken Neilson, Westminster; Anthony Nieto,
10692 Kern, Garden Grove; Catherine Swanson, Huntington Beach; Rita Neilson,
We stminste r.
Councilman Patterson explained that he believed the ordinance is unconstitutional
and unenforceable, and that he would have to vote against it.
The motion to adopt ORDINANCE NS-1047 PROHIBITING CERTAIN OBNOXIOUS
CONDUCT passed on the following roll call vote:
AYES: Herrin, Evans,
NOES: Patterson
ABSENT: None
Markel, Villa, Yamamoto, Griset
HUMAN RELATIONS COMMISSION The Reverend Galal Gough, Chairman
RESOLUTION 70-4 of the Human Relations Commission,
and Mrs. Pat McGuigan, Chairman
of the Hunger Sub-Committee, requested Council endorsement for Human Relations
Commission Resolution 70-4 On Support Of Voluntarism And Humanitarian Service
Through The Community Chest.
James Shelton presented slide projections of the work being done by the Community
Chest.
CITY COUNCIL
-329-
November 2, 1970
HUMAN RELATIONS COMMISSION
RESOLUTION 70-4 - (Continued)
On motion of Councilman Herrin, seconded by Councilman Villa and unanimously
carried, Council endorsed Human Relations Commission Resolution 70-4;
considered by title only, waived full reading, and adopted RESOLUTION 70-108
OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ON SUPPORT OF
VOLUNTARISM AND HUMANITARIAN SERVICE THROUGH THE COMMUNITY
CHEST.
REIMBURSEMENTS
approved the following reimbursements:
On motion of Councilman Herrin,
seconded by Councilman Villa and
unanimously carried, Council
P. R.C. Development, for improvements on west side of
Flower from MacArthur to 1600 feet south, in the amount
of $21, 832.33.
United California Bank, for improvements on northeast
corner of 17th and Greenleaf, in the amount of $8,417.84.
BUDGET TRANSFERS On motion of Councilman Herrin,
seconded by Councilman Yamamoto
and unanimously carried, Council
deferred to the next Council meeting the following Budget Transfers:
From Fund 11-000-911 to 11-111-191, $9,000, appropriation
for special transportation study.
From Fund 51-324-631 to Fund 51-329-641, 4!, 400, to
complete Fire Station #10, landscaping and furniture.
MANPOWER TRAINING PROGRAM At the request of Bob Byron,
Consultant, and staff member of
Santa Ana Community College,
Council approved the use on a temporary basis for 30 days
of five offices in the Community Center Building for classroom facilities
for a public service careers program for displaced aero space people in
conjunction with the college, and authorized waiver of rental fee, on motion
of Councilman Villa, seconded by Councilman Patterson and unanimously carried.
ADJOURNMENT At 1:10 A. M., there being no
further business to come before the
City Council, on motion of Councilman
Patterson, seconded by Councilman Herrin and unanimously carried, the meeting
was adjourned to Thursday, November 5, 1970, at 4:00 P.M., in the Mayor's
office, City Hall, 217 North Main Street, Santa Ana, California.
Florence I. Malone
Clerk oX the Council
CITY COUNCIL
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November 2, 1970