HomeMy WebLinkAbout12-21-1970MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA
December 21, 1970
The meeting was called to order at 2:20 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, Jerry
M. Patterson, Ray Villa, Harry K. Yamamoto, and Mayor Lorin Griset.
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.
MINUTFS On motion of Councilman Villa
seconded by Councilman Yamamoto
and unanimously carried, the
Minutes of the Adjourned Regular Meeting of November 30, 1970 and the
Minutes of the Regular Meeting of December 7, 1970, were approved as
submitted.
SPEC. 641-216 On motion of Councilman Herrin,
OFFICE FURNITURE seconded by Councilman Yamamoto
and unanimously carried, the bid
award for Spec. 641-216, Office Furniture, Various Departments, was
postponed until January 18, 1971.
SPEC. 641-217 On motion of Councilman Herrin,
VALVE OPERATOR seconded by Councilman Yamamoto
and unanimously carried, Council
ordered filed report of bids received for Spec. 641-217, Hydraulic Valve
Operator; awarded contract to the low bidder, Howard Supply Company;
and rejected all other bids.
PROJECT 7018 On motion of Councilman Herrin,
GARAGE DOOR seconded by Councilman Patterson,
and unanimously carried, Council
ordered filed report of bids received for Project 7018, Furnish and Install
Automatic Garage Door at Police Facility Building; awarded contract to the
low bidder, Electronic Door and Gate Company; and rejected all other bids.
PROJECT 7019 On motion of Councilman Herrin,
WATER BOILER seconded by Councilman Villa, and
unanimously carried, Council
ordered filed report of bids received for Project 7019, Replacement of Gas
Fired Hot Water Boiler in Fire Department Headquarters Building; awarded
contract to the low bidder, Industrial Boiler and Steam Co.; and rejected
all other bids.
CITY COUNCIL
-357-
December 21, 1970
BID CALLS On motion o£ Councilman Evans,
TABLED seconded by Councilman Yamamoto,
and carried, Council tabled Council-
man ]Patterson's motion, seconded by Councilman Villa, to approve plans and
specifications and authorize advertising for bids on the following, with
Councilman Villa dissenting:
Project 6036, Construction of Barn in Children's Zoo at
Prentice Park, opening 3anuary 25.
Project 3018, Construction of Sanitary Sewer from Chestnut
Avenue and Grand Avenue to Fourth Street and Santa Fe
Street and in First Street from Lyon Street to Wright Street,
opening January 25.
Spec. 641-223, Four 1971 four-door sedans, opening
February 3, (one added unit three replacements).
Spec. 641-224, One 1971 model Station Wagon, opening
February 3, (added unit).
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-1059 ORDINANCE NS-1059 AMENDING
DRIVER'S PERMITS SEC. 38-11 OF THE SANTA AHA
MUNICIPAL CODE RELATING TO
FEES FOR VEHICLES FOR HIRE DRIVER'S PERMITS was adopted on
motion of Councilman Herrin, seconded by Councilman Evans, on the
following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Patterson, Villa, Yamamoto, Griset
Markel
None
ORD. NS-1061 ORDINANCE NS-1061 AMENDING
STREET ALIGNMENT THE SANTA AHA MUNICIPAL CODE
BY ADDING SECTION 41-742
RELATING TO SPECIFIC PLANS FOR STREET ALIGNMENT was passed to
second reading, on motion of Councilman Herrin, seconded by Councilman
Evans and unanimously carried.
CITY COUNCIL
-358-
December 21, 1970
RES. 70-117 RESOLUTION 70-117 DECLARING
ELECTION RESULTS THE RESULT OF THE CANVASS
OF ELECTION RETURNS OF THE
SPECIALLklI_~IICIP.~AL ELECTIOII~ HELD IN THE CITY OF SANTA ANA,
CALIFORNIA, ON NOVEMBER 3, 1970, was adopted on motion of Council-
man Evans, seconded by Councilman Markel and unanimously carried.
RES. 70-119 RESOLUTION 70-119 APPROVING
JOINT POWERS AGREEMENT STATE BUILDING LEASE, ADVANCE
OF FUNDS THEREFOR, AND AMEND-
MENT TO CIVIC CENTER JOINT POWERS AGREEMENT was adopted, on
motion of Councilman Patter son, seconded by Councilman Villa, on the
following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Patterson, Villa, Yamamoto, Griset
Markel
None
ELECTION SERVICES On motion of Councilman Herrin,
seconded by Councilman Markel
and unanimously carried, the
agreement between the City of Santa Ama and Martin & Chapman, for election
services was approved and its execution by the Mayor and Clerk of the
Council was authorized.
CHANGE ORDER Change Order No. 1 to the contract
with PBM Irrigation Contractor,
Project 6021, Installation of
Sprinkler System in Sandpointe Park, increasing in the amount of $380.37,
was approved, on motion of Councilman Patterson, seconded by Councilman
Markel and unanimously carried.
SANTA ANA FREEWAY On motion of Councilman Patterson,
CORRIDOR STUDY seconded by Councilman Markel, and
unanimously carried, the agreement
between the City and the County of Orange providing for services necessary
to complete the Santa Aha Freeway Corridor Study was approved and its
execution by the Mayor and Clerk of the Council was authorlzed.
DOWNTOWN BUSINESS On motion of Councilman Markel,
DISTRICT seconded by Councilman Herrin,
and unanimously carried, Council
referred the letter from Hayton's Ladies Wear, 199 West Fourth Street,
regarding the Christmas Parade, dated December 12, to the Oity Center
Association, the Chamber of Commerce and the Junior Chamber of
Commerce for their comments and suggestions.
CITY COUNCIL -359- December 21, 1970
SOLICITATION Ai~PLICATIONS On motion of Councilman Herrin,
seconded by Councilman Yamamoto
and unanimously carried, Council
approved the following Solicitation Applications:
The Arthritis Foundation, limited neighborhood door-to-door
solicitation, 3anuary 31, 197i - February ?, 1971.
Christ for India Missions International, collection and sale
of discarded items, December 22, 1970 - February 18, 1971.
Orange County Heart Association, canvassing, February
1, 1971 - March 1, 1971;
and the following Solicitation Application was referred to staff for further
consideration in an attempt to work out some means of approval and bring
back a report to Council:
Salvation Deliverance Church, door-to-door, telephone,
December 22, 1970 - February 22, 1971.
ALCOHOLIC BEVERAGE On motion of Councilman Herrin,
LICENSE APPLICATIONS seconded by Councilman Yamamoto
and unanimously carried, Council
ordered filed the following Alcoholic Beverage License Applications:
The Orbit Inn, 3601W. First, On-Sale Beer (Supplemental),
Person Transfer;
The Plank House, 2313 N. Broadway, On-Sale General,
Stock Transfer;
Toni and Charlee's Dugout, 2534 W. Westminster, On-Sale
Beer, Per son Transfer;
?-Eleven Market, 2231-F W. 5th, Off Sale Beer & Wine, Person
Transfer;
Martlnez, Alfonso S., 900-902 W. Santa Aha Blvd., Off Sale
Beer & Wine, New;
Daisey Mays, 1117 W. 17th, On Sale Beer, Person Transfer;
Webster, James G., 2370-A N. Tustin Ave., Off Sale General
Original Applicant;
Jimbo's, 1211 E. First Street, On Sale Beer, Person Transfer.
TRAFFIC Report of control devices removed
or installed November 23, 1970
through December 14, 1970 was
ordered filed, on motion of Councilman Herrin, Seconded by Councilman
Yamamoto and unanimously carried.
CITY COUNCIL
-360-
December 21, 1970
VARIANCE S On motion of Councilman Patter son
seconded by Councilman Markel and
unanimously carried, Council adopted
the findings of fact, conclusions and decisions of the Planning Corrn~nission
or Zoning Administrator as action of the City Council on the following:
VA 70-49, ALBERT BRUNING - to permit an equipment rental
business and open storage in the M 1 District at 201N. Fairview
Street - APPROVED;
VA 70-70, 3. K. BETTEN - to utilize property in the R 2
District for the leasing and sales of automobiles, at 206
N. Mabury Street - APPROVED.
TENTATIVE PARCEL The Council considered a letter
MAP 674 from Mr. Don R. Adkinson,
Attorney, representing Mr. and
Mrs. Jesse Ojeda, requesting modification of the conditions of approval
by the City Council of Tentative Parcel Map No. 674, at its meeting of
November 2, 1970.
The Clerk of the Council distributed telegrams addressed to each Council-
man from William Barnes.
The Mayor recognized Mr. Don R. Adkinson who explained that the applicant,
Mr. and Mrs. Ojeda, is unable to meet the 2-foot dedication requirement along
Seventeenth Street on Lot 3 of the Parcel Map since the property is owned by
another party. He suggested that the applicant would be willing to post a bond
in the amount of $2,000, to guarantee the 2-foot acquisition by the City at
such time as Seventeenth Street was widened.
It was moved by Councilman Patterson, seconded by Councilman Villa and
unanimously carried to authorize the City Attorney and staff to arrive at a
legally satisfactory arrangement that would insure the City's acquisition of
the 2-foot strip of land.
RECESS
with all the Council members present.
At 3:10 P.M., a five minute recess
was declared and at 3:20 P.M., the
Council meeting was reconvened
BID CALLS On motion of Councilman Patterson,
REMOVED FROM TABLE seconded by Councilman Villa and
unanimously carried the motion
pertaining to Bid Calls, tabled earlier in the meeting (refer to page 358)
was removed from the table and unanimously approved.
CITY COUNCIL -361- December 21, 1970
FEDERAL FUNDS It was moved by Councilman Patterson,
PARK DEVELOPMENT seconded by Councilman Villa and
carried, with Councilman Herrin
dissenting, to approve the filing of an application for Land and Water Con-
servation Funds in the amount of $15,000~ to construct recreational
facilities at the First and Flower Street Park.
MANPOWER TRAINING On motion of Councilman Patterson,
PROGRAM seconded by Councilman Villa and
unanimously carried, Council
granted a 60-da¥ extension to the temporary approval of the use of Community
Center Classroom facilities, including waiver of rental fee, by Mr. Bob Byron,
Consultant at Santa Aha Community College, for a Manpower Training Program.
PETITION ALLEY The Council considered the report,
IMPROVEMENT dated December 15, 1970, from the
Director of Public Works regarding the
petition, dated October 15, 1970, submitted by eight property owners to pave
the alley running north from Pine to Walnut between Cypress and Orange.
Acting on the recommendation of the Director of Public Works, it was moved by
Councilman Herrin, seconded by Councilman Yamamoto and unanimously
carried to inform the signers of the petition that the improvement of the alley
is the responsibility of the property owners and that the City staff will provide
every assistance in helping them to develop either a 1911 Act Assessment
District, or a project directly financed by the property owners.
DRAINAGE ASSESSMENT FEES On motion of Councilman Patterson,
seconded by Councilman Villa, the
report on proposed increase in
drainage assessment fees, dated November 30, 1970, was referred to staff
to recommend a fee schedttle based on present costs for installation of
drainage improvements in the particular drainage areas, on the following
roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Markel, Patterson, Villa, Yamamoto, Griset
Evans
None
DEEDS, NO CASH Council ordered filed the report of
GRANTEE, CITY No Cash Deeds accepted by the City
Manager, pursuant to Resolution No.
69-156, from November 26, 1970 through December 16, 1970, inclusive, on
motion of Councilman Herrin, seconded by Councilman Yamamoto and
unanimously carried.
CITY COUNCIL
-362-
December 21, 1970
DEEDS, NO CASH - ~ ~t/on of Co~nci~n Herrin,
GRANTOR, CITY m~onded by Co~cilm~ Yammmoto,
~ ~ously carried, Council
authorized execution of the follo~ng de~ by the Mawr and Clerk:
Various Owners of record - vehicular access rights,
south side of McFadden, West of Village Way.
DEEDS WITH CASH It was moved by Councilman Herrin,
GRANTEE, CITY seconded by Councilman Patterson,
and unanimously carried, to approve
and authorize execution of escrow by the Mayor on tlie', following deed:
Anderson, west side of Broadway, south of Charlotte,
street purposes.
On motion of Councilman Herrin, seconded by Councilman Patterson, the
following deed was approved and execution of the escrow by the Mayor was
authorized:
Wilson, et al, north side of First Street, west of
Daisy, street purposes.
The motion passed on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Patterson, Villa, Yamamoto, Griset
Markel
None
SELECT STREET
CONSTRUCTION PROGRAM
1971-72
for 1971-72.
Council considered the report from
the Assistant Director of Public Works,
dated December 16, 1970, regarding
the Select Street Construction Program
RESOLUTION 70-118 REQUESTING THE COUNTY OF ORANGE TO INCLUDE
WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT
OF CERTAIN STREETS WITHIN THE CITY OF SANTA ANA was adopted on
motion of Councilman Evans, seconded by Councilman Patterson, on the
following roll call vote:
AYES: Herrin,
NOES: Markel
ABSENT: None
Evans, Patterson, Villa, Yamamoto, Griset
CITY COUNCIL -363- December 21, 1970
PARCEL MAP 684 On motion of Councilman Herrin,
seconded by Councilman Markel,
and unanimously carried, Council
approved Parcel Map 684, filed by Robert E. Jones, creating two (2) M 1
parcels on the north side of MacArthur Boulevard west of Susan Street,
subject to the conditions in Planning Director's report dated December 10,
1970.
FINAL TRACT On motion of Councilman Herrin,
MAP 7287 seconded by Councilman Patterson
and unanimously carried, Council
postponed until the evening session consideration of Final Tract Map 7287,
filed by Lifetime Homes, creating 46 lots at Fairhaven and Grand Avenue.
ORAL COMMUNICATIONS Councilman Markel reported on
his attendance at the National
League of Cities meeting held
in Atlanta, Georgia, December 7-11, 1970.
RECESS At 4:00 P.M., the meeting was
recessed to 7:30 P.M., at which
~ time it was reconvened with all
Council members present. Following the Pledge of Allegiance to the Flag,
the Invocation was given by Mayor Griset.
3OHM GARTHE TRIBUTE The Mayor read aloud City Council
Resolution 70-25, commending Fire
Chief John Garthe Retired, for his
many years of devoted service to the City, first as a fireman and since
1948 as Fire Chief. In particular, the Mayor acknowledged and complimented
his efforts as a major factor in the Fire Department's achievement of a
Class II rating, the highest in the State.
PUBLIC HEARING WARD The public hearing to consider
BOUNDARY LINES proposed changes in ward boundaries,
pursuant to provisions of the City
Charter, was opened by the Mayor. There were no proponents or opponents
and the Clerk reported that no written communications had been received.
The hearing was closed.
ORDINANCE NS-1060 ORDINANCE NS-1060 CHANGING AND
WARD BOUNDARY LINES ESTABLISHING THE BOUNDARY LINES
OF THE WARDS OF THE CITY OF
SANTA ANA was passed to second reading on motion of Council Herrin,
seconded by Councilman Patterson, on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Markel, Patterson, Villa,
Yamamoto, Gris et
None
None
CITY COUNCIL
-364-
December 21, 1970
PUBLIC HEARING The public hearing to consider the
STREET VACATION ~roposed vacation of portions of
,~cFadden Avenue west of Village
recommended by the Department of'~ublic Works and the
Way.
Planning
Commission, was opened by the Mayor.?
Mr. Tom Turner, representing Holm, ~a~it and Associates~spoke in favor
of the vacation and requested that it be processed as quickly as possible.
The Clerk reported that no written communications had been received on
the matter~ There were no other proponents or opponents and the Mayor
declared the public hearing closed.
RESOLUTION 70-114 ORDERING THE VACATION OF A PORTION OF
MCFADDEN AVENUE WEST OF VILLAGE WAY was adopted on motion
of Councilman Evans, seconded by Councilman Yamamoto, on the following
roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Markel, Patterson, Villa,
Yamamoto, Griset
None
None
PUBLIC HEARING The public hearing to consider the
STREET VACATION proposed vacation of portions of
Grand Avenue between Fairhaven
Avenue and Santa Clara Avenue, recommended by the Department of Public
Works and the Planning Commission, was opened by the Mayor.
There were no proponents or opponents and the Clerk reported that no written
communications had been received on the matter. The Mayor declared the
hearing closed.
RESOLUTION 70-115 ORDERING THE VACATION OF A PORTION OF GRAND
AVENUE BETWEEN FAIRHAVEN AVENUE AND SANTA CLARA AVENUE
was adopted on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Markel, Patterson, Villa,
Yamamoto, Griset
None
None
FINAL TRACT MAP 7287 The Council considered Final Tract
Map 7287, deferred from the after-
noon Agenda. It was moved by
Councilman Patterson, seconded by Councilman Villa and unanimously
carried, to approve Final Tract Map 7287, accept the dedications thereon,
and to authorize the Mayor and Clerk of the Council to execute the sub-
division agreement.
CITY COUNCIL -365- December 21, 1970
PUBLIC HEARING The public hearing to consider
AMENDMENT APPLICATION Amendment Application 676, filed
676 by Elvera A. and Henry A. Holtz,
to prezone property located at the
southeast corner of Grovemont Street and Grand Avenue from the A 1
District to the R 1 District, was opened by the Mayor. Planning Commission
Resolution 5945 recommended approval of the application.
The Clerk reported that no written communications had been filed on the
matter. There were no proponents or opponents and the Mayor declared
the hearing closed;
Amendment Application 676 was approved and the City Attorney was
instructed to prepare an ordinance to reclassify the property according to
Exhibit A, on motion of Councilman Patterson, seconded by Councilman Herrin,
on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Markel, Patterson, Villa
Yamamoto, Griset
None
None
PUBLIC HEARING The public hearing to consider
AMENDMENT APPLICATION Amendment Application 677, filed by
677 First Western Bank and Trust Co.,
to rezone property from the R 1
District to the CR District, located on the east side of Bristol Street between
MacArthur Boulevard and Sunflower Avenue, was opened by the Mayor.
Planning Commission Resolution 5946 recommended approval of the application.
The Clerk reported that no written communications had been received on the
matter. Proponent, Mr. Harold Embre, representing Rinker Development
Corporation, Anaheim, stated that this area would be developed as a shopping
center, which is the best use for the land; that there is a great deal of interest
and that the center would include department stores, markets, a hardware
store, etc. He requested that Council approve the application to permit
finalization of the proposed plan.
The Mayor declared the hearing closed.
Amendment Application 677 was approved and the City Attorney was instructed
to prepare an ordinance to reclassify the property according to Exhibit A, on
motion of Councilman Evans, seconded by Councilman Yamamoto, on the
following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Markel, Patterson, Villa,
Yamamoto, Griset
None
None
CITY COUNCIL -366- December 21, 1970
PUBLIC HEARING The public hearing to consider
APPEAL 248, VA 70-61 the appeal from the Planning
Commission denial of that
portion of Variance Application 70-61, filed by Santa gna Lincoln-Mercury,
requesting permission to erect a 31-foot high off-premise sign in the
A1 District, at 1301 North Tustin Avenue, was opened by the Mayor.
The Clerk reported that no written communications had been received on the
matter.
Proponent, Mr. Warren Crafton, Executive of Federal Sign and Signal
Corporation, displayed sketches of the proposed sign use. He stated that the
application was for a time-limited (approximately five years) use permit
to erect a two-sided sign to the rear of the Santa Aha Lincoln-Mercury property;
that one side would be used for a public service message for the Community;
the other to advertise Rancho California Homes; that the signs would be aimed
at the Newport Freeway traffic; that no precedent would be established because
this was the only location in ~he City where the variance could be granted.
He explained that Santa Ana Lincoln-Mercury, Rancho California and his comapny
had entered into an agreement whereby this proposed sign would pay for the on-
premise sign used to advertise the automobile agency which was included in this
Variance application and had been approved by the Planning Commission. Planning
Director Herbert Wieland stated that the Municipal Code provides that off-premise
advertising signs shall not be permitted within 500 feet of a freeway if they may
be viewed primarily from a freeway.
There were no other proponents or opponents.
It was moved by Councilman Patterson, seconded by Councilman Villa to refer
the matter back to the Planning Commission for their thinking in light of the
public service message and to the staff for their re-study and legal clarification,
on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Patterson, Villa, Griset
Evans, Markel, Yamamoto
None
RECESS
present.
At 8:45 P.M., a five minute recess
was declared. The Council reconvened
at 9:00 P.M., with the same members
PUBLIC HEARING The public hearing to consider the
APPEAL 249, VA 70-67 appeal filed by Mr. Ed Riddle, 2284
Cornel Drive, Costa Mesa, from
the Planning Commission's denial of Variance Application 70-67, filed by
Calvary Chapel, to construct a church and accessory church Buildings in the Al 1
District, at 3700 South Fairview Street, was opened by the Mayor.
CITY COUNCIL
-367-
PUBLIC HEARING
APPEAL 249, VA 70-67 - (Continued)
The Clerk reported that letters of protest to the Variance Application had been
filed by Harold T. Segerstrom, et al, 3315 Fairview Road, Costa Mesa, and
the Industrial Development Association of Greater Santa Ana, 1521 South
Grand Avenue; and that copies had been given to each Councilman.
Proponent, Mr. Hugh Foreman, Jr., 1329 West Sharon Road, stated that he
attends Calvary Chapel; that it is on triple services of about 600 people each;
that they need a larger church site; and that it has been impossible for them
to purchase a site in this vicinity. There were no other proponents or opponents
and the Mayor declared the hearing closed.
The City Manager explained that churches were included in a group of uses that
were specialized in that there was no specific zoning for them. He stated that
he was opposed to the use of this land for anything but M 1; and that it would be
to the best interest of the City to hold to the present lines of allocation for
industrial use.
It was moved by Councilman Herrin, seconded by Councilman Villa to overrule
the action of the Planning Commission and grant the appeal and to instruct the
City Attorney to prepare a resolution approving Variance Application 70-67, with
appropriate conditions. Prior to the vote on the motion, the City Attorney advised that
the application had been incorrectly prpcessed as a variance and that pursuant to
Sections 41~473 (13) and 41-365 of the Municipal Code, a Conditional Use Permit
Applicatlon should have been filed by the applicant.
The motion was approved on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Markel, Villa, Yamamoto, Griset
Evans, Patterson
None
PUBLIC HEAiKING The public hearing to consider the
APPEAL 250 - VA 70-63 appeal, filed by Lorraine B. Elam,
from the Planning Commission's denial
of her Variance Application 70-63, to establish an automobile wrecking yard on
a lot in the iK 1 District at 5106 W. Hazard Avenue, was opened by the Mayor.
Proponents:
Mr. Rod Bethea, 13981 Sanders Place,
Mr. Everett Winters, 1632 Camille Place,
Mr. J.J. King, 2001 South Forest Avenue,
Mrs. Lorraine Elam, 5106 W. Hazard,
Miss Joy Conners
The proponents stated that the Variance was being requested in order to continue
to conduct an operation which is currently being performed on the property and
which has been there for approximately four years; that seats, radiators and gas
tanks are removed from wrecked or damaged cars but no welding or cutting is
involved; and that the cars are then placed on a larger truck and towed away
where they are reduced to scrap metal.
CITY COUNCIL -368- December 21, 1970
PUBLIC HEARING
APPEAL 250- VA 70-63 - (Continued)
Mr. Bethea, representing Mrs. Elam, distributed photographs of the area,
stating that it was in a period of transition and that it was not expected that
the wrecking yard would exist forever; and that many of her neighbors had
signed letters approving the Variance request. Mr. Winters~nd Mr. King
spoke on behalf of the men who are engaged in the business itself, stating that
the operators of the business were willing to fence and landscape the
property.
Opponents:
Mr. Brewster, 913 N. Euclid;
Mr. Arnold Hoffman, 919 N. Euclid;
Mr. James Trubey, 801 N. Mores;
Mr. Jose Zamora, 50Z2 W. Hazard;
Mrs. Irene Brewster, 913 N. Euclid
The opponents objected to the wrecking yard on the basis that it would devaluate
their properties; that another rental use could be found; that the area is improving
by the construction of new homes and the neighbors are trying to improve existing
residences.
The Mayor declared the hearing closed.
It was moved by Councilman Patterson, seconded by Councilman Villa to
overrule the action of the Planning Commission and the City Attorney was instructed
to prepare a resolution approving the Variance subject to the following conditions:
(1) That the Variance be limited to a period of one year
(2) That the provision of a solid fence be deleted; and
(3) That the chain link fence be provided with opaque screening.
The motion was approved on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Markel, Patterson, Villa, Griset
Yamamoto
None
REC ESS
the same members present.
At 10:30 P.M., a five-minute
recess was declared. The Council
reconvened at 10:38 P.M., with
PUBLIC HEARING The public hearing to consider
APPEAL 251, VA 70-54 the appeal filed by Margarita E.
Cortez, from the Planning
Commission's approval of Variance Application 70-54, filed by Land Evolution
Inci:, to construct a 17-unit garden apartment development in the R I District,
at 1636 East Sixth Street, was opened by the ]Viayor.
CITY COUNCIL
-369-
Dece~xaber 21, 197~
PUBLIC HEARING
APPEAL 251, VA 70-54 - (continued)
Proponents:
Mr. Frank Benjamin, 406 West Wilshire Street;
Mrs. Clete Young, 1633 E. Sixth Street;
Mr. Carl Schwartz, 702 Mabury
The proponents stated that the Variance would endanger one of Santa Ana's
moderate income areas; that it would be contrary to the General Plan to
allow an extension of multiple family residences into the area; that 17 units
will be allowed on less than one-half acre; and that no more than eight units
should be permitted; that it will create a traffic problem, endangering
children who live on Sixth Street; and that on-street parking will be an
additional problem.
Opponent, Mr. Jerry Barto, 1921 Ritchey,,stated that the development would
benefit the neighborhood; that it is a pr6blem site, right next door to an
existing apartment house; that the plan provides for a buffer of hedge trees
along the west; and that the normal exit from the apartment would be Lyon
to Fourth Street; that only 18 cars would exit over a 24-hour period; and that
bachelor apartments average 1.2 people per unit and this would add up to 20-
25 occupants in the development.
The hearing was closed.
It was moved by Councilman Herrin, seconded by Councilman Villa to deny
the appeal, uphold the action of the l°lanning Commission, and to instruct the
City Attorney to prepare a resolution approving Variance Application 70-54,
subject to conditions in Finding of Fact dated November 23, 1970.
The motion passed on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Markel, Patterson, Villa, Yamamoto, Griset
Evans
None
ORDINANCE NS-1049 THROUGH Ordinance NS-1049 through
ORDINANCE NS-1056 Ordinance NS-1056, pertaining
O.K. EARL CORP. to the applications filed by the
O.K. Earl Corporation for
rezoning of the Maburyproperty, were presented for second reading and
adoption.
It was moved by Councilman Patterson, seconded by Councilman Herrin to
continue the ordinances until the next Council Meeting, January 4, 1971,
pursuant to the recommendation of the City Attorney carried on the Agenda.
The City Attorney explained that a continuance had been recommended but that
at this time what remained to be reviewed by him in the matter wouId not
affect the Council's action regarding adoption of the ordinances.
Councilman Herrin withdrew his second to the motion and it failed for lack
of a second.
CITY COUNCIL
-370-
December Z1, 1970
ORDINANCE NS-1049 THROUGH ORDINANCE NS-1056
O.K. EARL CORP. - (continued)
In response to Councilman Evan's request, the City Attorney gave his assurance
that First American Title Company, the Councilman's employer, would not
process any escrow involving property to be deeded to the City by the Mabury
Company in conjunction with the proposed development Of the Mabury Orchards.
ORDINANCE NS-1049 CHANGING DISTRICT CLASSIFICATION ON
AMENDMENT APPLICATION 664 FILED BY O.K. EARL CORPORATION
AND AMENDING SECTIONAL DISTRICT MAP 8-5-9 (EXHIBIT AA 664 A)
was placed on second reading and adopted on motion of Councilman Villa,
seconded by Councilman Yamamoto, on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset
None
None
ORDINANCE NS-1050 CHANGING DISTRICT CLASSIFICATION ON
AMENDMENT APPLICATION 668 FILED BY O.K. EARL CORPORATION
AND AMENDING SECTIONAL DISTRICT MAP 8-5-9 (EXHIBIT AA 668 A)
was placed on second reading and adopted on motion of Councilman Villa,
seconded by Councilman Yamamoto, on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Markel, Patterson,
None
None
Villa, Yamamoto, Griset
ORDINANCE NS-1051 CHANGING DISTRICT CLASSIFICATION ON
AMENDMENT APPLICATION 665 FILED BY O.K. EARL CORPORATION
AND AMENDING SECTIONAL DISTRICT MAP 8-5-9 (EXHIBIT AA 665 B)
was placed on second reading and adopted on motion of Councilman Villa,
seconded by Councilman Yamamoto, on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset
None
None
ORDINANCE NS-1052 CHANGING DISTRICT CLASSIFICATION ON
AMENDMENT APPLICATION 662 FILED BY O.K. EARL CORPORATION
AND AMENDING SECTIONAL DISTRICT MAP 8-5-9 (EXHIBIT AA 662 B)
was placed on second reading and adopted 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
ORDINANCE NS-1053 CHANGIIN~G DISTRICT C LASSIFIC ATION ON
AMENDMENT APPLICATION 663 FILED BY O.K. EARL CORPORATION
AND AMENDING SECTIONAL DISTRICT MAP 8-5-9 (EXHIBIT AA 663 B)
was placed on second reading and adopted on motion of Councilman Villa,
seconded by Councilman Herrin, on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Villa, Yamamoto, Griset
Markel, Patterson
None
CITY COUNCIL
-371-
December Z1, 1970
ORDINANCE NS-1049 THROUGH ORDINANCE NS-1056
O. K, EARL CORPORATION - (continued)
ORDINANCE NS-1054 CHANGING DISTRICT CLASSIFICATION ON
AMENDMENT APPLICATION 666 FILED BY O.K. EARL CORPORATION
AND AMENDING SECTIONAL DISTRICT MAP 8-5-9 (EXHIBIT AA 666 B)
was placed on second reading and adopted on motion of Councilman Villa,
seconded by Councilman Yamamoto, on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Markel, Patterson, Villa,
None
None
Yamamoto, Griset
ORDINANCE NS-1055 CHANGING DISTRICT CLASSIFICATION ON
AMENDMENT APPLICATION 667 FILED BY O. Fi. EARL CORPORATION
AND AMENDING SECTIONAL DISTRICT MAP 8-5-9 (EXHIBIT AA 667 C)
was placed on second reading and adopted on motion of Councilman Villa,
seconded by Councilman Yamamoto, on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset
None
None
ORDINANCE NS-1056 CHANGING DISTRICT CLASSIFICATION ON
AMENDMENT APPLICATION 669 FILED BY O.K. EARL CORPORATION
AND AMENDING SECTIONAL DISTRICT MA1~ 8-5-9 (EXHIBIT AA 669 B)
was placed on second reading and adopted on motion of Councilman Villa,
seconded by Councilman Yamamoto, on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset
None
None
The Mayor recognized Mr. Carl Schwartz, 702 Mabury, representing Mabury
Property Owners Association, who stated that his Association was ready to
proceed with a referendum against Ordinances NS-1052 and NS-1053 to be put
on the ballot for the next election; and that the Council should consider what
effect this might have on the bond issues proposed for the same ballot.
Both Mrs. Kearny and Mr. Schwartz requested that the Council repeal its
action to adopt Ordinances NS-1052 and NS-1053.
WALKWAY CLOSURE Acting on the written recommenda-
LOUISE STREET tion of the Assistant Director of
Public Works, dated December
16, 1970, Council affirmed its action of April 20, 1970, authorizing the closure
of the pedestrian walkway at the north end of the Louise Street cul-de-sac
at Memory Lane at the property owners' expense, on the unanimously carried
motion of Councilman Herrin, seconded by Councilman Markel.
CITY COUNCIL
-372-
December 21, 1970
RECESS
P. M. , with the same Councilmen present.
At 11:45 P. M., a five-minute
recess was declared. The
Council reconvened at lh50
SCHOOL CROSSING A Resolution of the Santa
GUARD POLICY Ana Board of Education,
dated December 8, 1970,
requesting adjustment of the City's existing warrants for placement of
School Crossing Guards, was referred to staff on the unanimously approved
motion of Councilman Herrin, seconded by Councilman Evans.
SIDEWALK INSTALLATION REQUEST The Council considered a
VALLEY HIGH SCHOOL AREA report from the Director of
Public Works, dated December
11, 1970, regarding aproposed assessment district in the Valley High
School area.
It was moved by Councilman Patterson, seconded by Councilman Yamamoto
and unanimously carried, to instruct the staff to initiate proceedings to form
an assessment district under Section 5101 of the Improvement Act of 1911 for
the construction of curbs, gutters, sidewalks and paving where needed on
Occidental, California, Pomona, and Stanford Streets, between King Street
and Greenville Street; Stanford Street between Greenville and Diamond Streets;
Pomona Street between Greenville and Center Streets; Townsend Street
between Pomona and Occidental Streets; Diamond and Center Streets between
Edinger Avenue and Occidental Street.
ADJOURNMENT The meeting was adjourned
at 11:55 P.M., on motion of
Councilman Villa, seconded
by Councilman Patterson and unanimously carried.
Florence I. Malone
Clerk of the Council
CITY COUNCIL
-373-
December 21, 1970