HomeMy WebLinkAbout05-03-1971MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA
May 3, 1971
The meeting was called to order at 2:05 ITM. M. , in the Council Chambers of
the City Hall Annex~ 500 West Sixth Street, with the following Councilmen:
present: Vernon S, Evans, Wade Herrin, IL Ogden Markel, Jerry M.
Patterson, Ray Villa, Harry Kw Yamamoto, and 1Vfayor gorin Griset. Also
present were City IV~..anager Carl J~ Thornton, Acting City Attorney James
Ao Withers, Director of Public Works Ronald Wolford, Director of Planning
Herbert Wieland, and Clerk of the Council Florence I. Malone~
MINUTES The Minutes of the Regular
Meeting of April 19, 1971 were
approved as submitted, on
motion of Councilman Villa, seconded by Councilman Herrin, and unanimously
ca,tied
EXECUTIVE SESSION
legal matter pertaining to the City.
xvith all Council members present.
At 2:15 P. Mw, the meeting
was adjourned to Executive
Session to consider a
The meeting reconvened at 3:20 P.M..,
PROJECT #7022 On motion of Councilman
VEHICLE SERVICE FACILITY Herrin, seconded by Council~.
man Evans and unanimously
carried, Council rejected all bids as being too high and authorized re-
advertising for bids to be opened on May gS, 1971 at 10:00
SPEC. 641-236 On motion of Councilman
PLAYGROUND EQUIPMENT Herrin, seconded by Council-
man Yamamoto and unanimously
carried, Council ordered filed report of bids received for Specification 641-236
for playground equipment for Sandpointe Park; awarded contract for items 1~ 2,
3 and one only of item 5, to Timberform Division, Niedermeyer-Martin Co. ,
Portland, Oregon, on the basis of only bidder; and deleted all other items~
READING WAIVED On motion of Councilman
Herrin, seconded by Council--
man Yamamoto and unanimously
carried, the full reading of ordinances and resolutions, the titles of which
appeared on the public Agenda, was waived~
CITY COUNCIL -140- May 3, 1971
ORD. ~',w-,~lq7~ C:RD!NANCE NS-107R AMENDING
OPF STREET PqRIF~NG LOTS THE S4NT % ANA MUNICIPAL
CODE BY REPEALING SECTION
~l-6lg aND RE-EN~CTING S:kID SECTION )~S SECTION 41-629 AND ADDING
< NEW ?ECTION 41-61~q PERTAINING TO LANDSCAPING STANDARDS FOR
OFF STREET P'kRKING LOTS was adopted, on motion of Councilman Herrin,
seconde6, by Councilman Evans, and carried on the following roll call vote:
AYES: Her rin, Evans,
]":OES: None
P~BSENT: None
Villa, Patterson, Griset, Yamanxoto, ~v~arkel
ORD. NS-1679 ORDINANCE NS-1079 CHANGING
~MMEI'ZDMENT APPLICATION #681 DISTRICT C. LASe-IFICATION ON
AMENDMENT ~_PPLIC ~ITJON #631
FrLED BY MICHAEL A. >/ADEOEFF AND AMENDING SECTIONAL DISTRICT
M~P i!-57..0 (EXHIBIT gA 681 A) xx~as adopted, on motion of Counciln'~an Herrin,
seconded by Councilman Yar_%amot*, and carried on t.he follx~,ving roll cml vote:
qYES:
?,rOES:
AB S E NT:
Herrin, Yan',am. otc, Villa, Patterson, Griset, Wans, Markel
None
None
f)LD. r.].-'--l!)?O Mr. 'Oonglas E. Orth, D~IB.
~'? ZONE An.qerson Company, 15,if E.
2~iir. ger, v'as pres. ent,
re?re~e~ing th~. Sar~ta Aha -;han~ber 6f C o:*z,~erce and, mere specifically,
the industrial Co,:nm!tree. He stated that their concern with Ordinance NS-10~3
wa~ only ~ it applie~ to paragraph 4:1-473(b); he ~'ead a letter which the Santa
Aha Cha~ber of Commerce had directed to t~.e Clerk of the Council, setting
forth objections and re,-uesting the ~'ouncil to continue the matter to a later ..'ate
to provi6e time for furtl,e~ study. He also stated th~ in their opinion an
Ordinance limiting the height cf stor~e a. bove fences would put many fir~s,
such az luncher companies, printing rim*s, etc., out of business.
in discu~sion'by the Council, it was snggestecl that tn~ intent of the Ordinance
· ~r~.p to build higher fencer or ~n so:~e other n-.a~ner to scree~ unsightly
materi*.l stored out~-ide of buil~in~s. The l~l~nning Director advised that i~
'.mawy Variance tpplicatio~ coming before the ~].anning Commission and the
city Council, one of th . co~ditions of apprev.?.l was that material to be stored
should not be stacked above the height of the fence; that this Ordinance was
designed to make it unnecessary to ~nclude this as a condition each tirne: and
that a £ence higher than six feet is defined as ~ str:~cture and must conforr-~.
to engineering standarJ~ to protect it from /iamage by -,vindblow.
I~..r. Pat Colee, emp!oye~:l by the Segerstrom Company, stated that industrial
de~etoprr~ent must ren~.i~ a:atr~ctive ard high 3terdards of development should
be n~xintaine.~. Councilman Evans' ,~otio~ to continue this ~atter to the
meetin% of Jur. e 7, 197!, ~Tas ceconde:7 by Counci].~an Herrin.
CITY COUNCII, -141- May $, 1971
ORD. NS-1080
M 1 ZONE - (Continued)
Councilman Patterson's substitute motion to pass to second reading Ordinance
NS-1080, excluding paragraph 41-437(~), was seconded by Councilman
Yamamoto, and carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Yamamoto, Villa, Herrin, Griset
Evans, Markel
None
Further discussion indi(cated that the intent of the above motion was to exclude
only the last sentence of paragraph 41-473(b). Councilman Patterson's motion,
seconded by Mayor Griset, to reconsider Agenda Item ~14, passed on the
following roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Oriset, Herrin, Yamamoto
Villa, Evans, Markel
None
Councilman Patterson's motion, seconded by Councilman Villa, to pass to
second reading Ordinance NS-1080, deleting only the last sentence of paragraph
41-473(b), carried on the following roll call vote~'
AYES:
NOES:
ABSENT.~
Patterson, Villa, Herrin, Griset, Yamamoto
Evans, Markel
Nbneu':
ORD. NS-1081 ORDINANCE NS-1081
REGULATION OF THEATERS AMENDING THE SANTA ANA
MUNICIPAL CODE BY
A_MENDING CHAPTER 12 THEREOF BY ADDING ARTICLES II ~kND III
PROVIi~ING FOR REGULATION OF THEATERS was passed to second
reading on motion of Councilman Herrin, seconded by Councilman Yamamoto,
and unanimously carried.
RES. 71-39 RESOLUTION 71-39 UPHOLDING
FIRST WESTERN BANK AND THE DECISION OF THE
TRUST COMPANY PLANNING COMMISSION AND
GRANTING A VARIANCE ON
VARIANCE APPLICATION 71-7 FILED BY FIRST WESTERN BANK & TRUST
CO;'~, SUBJECT TO Ai°PLICABLE CONDITIONS was unanimously adopted, on
motion of Councilman Herrin, seconded by Councilman Evans.
RES. 71-40 RESOLUTION 71-40 AMENDING
FIRST WESTERN ~$~ & TI~UST CO. RESOLUTION 71-13 RELATING
TO VARIANCE APPLICATION
70-68 FILED BY FIRST WESTERN BANK AND TRUST COMPANY was unanimously
adopted, on motion of Councilman Herrin, seconded by Councilman Patterson.
CITY COUNCIL
-142- May 3, 1971
RES. 71-42 Councilman Herrin's motion
MISCELLANEOUS FEES to adopt RESOLUTION 71-42
AA4ENDING FEES FOR
MISCELLANEOUS SALES AND SERVICE, was seconded by Councilman
Patterson.
Councilman Markel's substitute motion to table this matter until the evening
session was seconded by Councilman Evans and carried on the following
roll call vote:
AYES:
NOES:
ABSENT:
Markel, Evans, Herrin, Griset, Yamamoto
Villa, Patterson
None
RES. 71-41 The Clerk of the Council
ANNEXATION PROCEEDING announced that there had
been a change in the title
of Resolution 71-41. Councilman Herrin's motion, seconded by Councilman
l%4arkel, to read Resolution 71-41 by title only, was unanimously carried.
The Clerk of the Council read the title aloud.
Councilman Patterson' s motion, seconded by Councilman Villa, to adopt
RESOLUTION 71-41 DECLARING THE COUNCIL'S INTENTION TO COMMENCE
ANNEXATION OF CERTAIN IRVINE PROPERTY DESCRIBED IN THE
SETTLEMENT AGREEMENT OF MAY 20, 1963 AND DIRECTING THE MAYOR
TO EXECUTE AND TRANSMIT A WRITTEN NOTICE TO THE IRVINE COMPANY
was unanimously carried.
AGREEMENT Agreement between the
WESTERN MOBILE HOMES City of Santa Ama and Western
RESALES, INC. Mobile Homes Resales, Inc.,
for encroaching sign at 1213
North Harbor Boulevard was approved and its execution by the Mayor and
Clerk authorized, on motion of Councilman Evans, seconded by Councilman
Markel, and unanimously carried.
AGREEMENT Mrs. Janice Boer, 912 N.
DIEHL, EVANS & COMPANY Lowell, stated that the
financial statement of the
Good Government Committee, which si~pported Mayor Griset and Councilmen
Yamarnoto and Evans in the recent City election, indicated a financial
contribution from the firm of Diehl, Evans & Company; that she considered
this to be highly improper; and that anyone who received campaign money
from this organization should abstain from voting on this matter.
Acting City Attorney Withers stated that in his opihion contributions of money
to a political campaign did not create a Conflict of Interest.
Councilman Evans' motion, seconded by Councilman Yamamoto, to table this
matter until the evening session in order to give Mr. Withers an opportunity
to check further, was unanimously carried.
CITY COUNCIL -143- May 3, 1971
CHANGE ORDER; PROJECT #1321 Change Order No. 1 to Project
#1321, construction of First
Street between Baker Street
and Birch Street, increasing in the amount of $2,608.32, was approved, on
motion of Councilman Evans, seconded by Councilman Yamamoto, and
carried on the following roll call vote:
AYES: Evans,
NOES: Markel
ABSENT: None
Yamamoto, Villa, Patterson, Herrin, Griset
TRAFFIC The report of control
devices removed or installed
from April 13 through
April 28, 1971, inclusive, was received and ordered filed, on motion of
Councilman Serrin, seconded by Councilman Yamamoto, and unanimously
carried.
ALCOHOLIC BEVERAGE Mayor Griset stated that the
LICENSE APPLICATIONS Hungry Tiger Restaurant is
located on property on which
the property lines are within 300 feet of an R 1 area; however, the building
is 500 feet from the tt 1 zone. Councilman Herrin's motion, seconded by
Councilman'Markel, to waive the CUP requirement carried on a 6 - 1 vote,
Councilman Patterson voting NO.
It was moved by Councilman Herrin, seconded by Councilman Patterson and
unanimously carried, to receive and file the following Alcoholic Beverage
License applications:
HUNGRY TIGER, 400' east of Bear on Sunflower, On Sale
General, Intercounty Transfer;
BLUE ROOM, 1212 S. Bristol, Unit #16, On Sale Beer,
Person Transfer;
FELIX'S MARKET, 916 E. Stafford, Off Sale Beer &
1Vine, Person Transfer.
VARIANCES AND On motion of Councilman
CONDITIONAL USE PERMITS Patterson, seconded by
Councilman Villa and
unanimously carried, the following applications were received and ordered
filed:
EX 71-3, SALINDA FINANCIAL - To waive a portion of a
required yard setback for offstreet parking in the LP District
at 1619 E. Fourth Street; APPROVED.
VA 71-13, VIOLET LEE BERNAIlD - To permit an art gallery
in the R 3 H District and to waive the required covered parking
for a residence at 801 N. French Street; APPROVED.
CITY COUNCIL -144- May 3, 1971
VARIANCES AND
CONDITIONAL USE PERMITS - (Continued)
VA 71-15, JADAL PROPERTIES, INC. - To waive a portion
of the offstreet parking, permit two service stations, retail
sales in the open, and two restaurants in a shopping center
in the CR District at 1275 W. MacArthur Blvd.; APPROVED.
VA 71-18, RUDY L, VIGIL - To move a duplex onto a lot
with an existing single family dwelling and a duplex in the
R 1 District at 1505 - 1513 No La Bonita; APPROVED.
VA 71-19, CARL J. KLATT - To permit the sale and service
of new and used automobiles in the C 5 District at 1935 E.
17th Street; APPROVED.
CUP 71-9, JOSEPH CHAN - To serve alcoholic beverages
in an existing restaurant within 300' of residentially-zoned
or used property at 2019 S. Main Street; APPROVED.
CUP 71-10, LELAND C. STOGSDILL - To permit an
"adult motion picture" theater in the M 1 District at
2345 W. First Street; DENIED.
The following application was received and ordered filed, on motion of
Councilman Patterson, seconded by Councilman Evans~'
VA 70-84, WEST BAY FINANCIAL CORPORATION - To
construct a 242-unit, two-story garden apartment complex
within 85' of the R 1 District in the R 4 District at 901 W.
Sunflower Avenue; APPROVED.
The motion carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Evans, Villa, Herrin, Griset,
Markel
None
Yamamoto
SOLICITATION APPLICATIONS
request of the applicant.
The Mayor announced
that Agenda Item 40(a)
was withdrawn at the
The following Solicitation Applications were approved on motion of
Councilman Iqerrin, seconded by Councilman Markel and unanimously
carried:
DEGREE OF POCAHONTAS, 309½ N. Main, sale of
Kachina ktolls, from May 12 through May 15, 1971.
DISABLED AMERICAN VETERANS, 201S. Sullivan Street,
sale of "I'm Proud to be an American" banners, May 4 to
June 15, 1971.
ROBERT G. HERNANDEZ, Z019 W. Dahl Lane, selling
tickets from April 27 to May 31, 1971, for a Bar-B-Que dinner
to raise funds to pay for Girls' Softball Teams fees and
equipment.
CITY COUNCIL -145- May 3, 1971
PUBLIC PROPERTY USE The Mayor stated that due
to the City's objection to
the use of First Street for
a parade at this time, the S.O.S. Committee had requested a change in
their parade route as follows: East on Walnnt to Broadway, north on
Broadway to Civic Center Drive, west on Civic Center Drive to the
Municipal Stadium.
On motion of Councilman Patterson, seconded by Councilman Villa, and
unanimously carried, the following application for Special License to Use
Public Property was approved:
S.O.S. (Save Our Schools) Parade, in accordance with
the new route requested, to be held on Sunday, May
1971, from 1:30 P.M. to 2:30 P.M.
On motion of Councilman Patterson, seconded by Councilman Villa
and unanimously carried, the following application for Special License to
Use Public Property was denied on the basis that the information on the
application was incon~plete:
PAUL 1V~. BLAKE, 509 S. Glen Arbor Street, open-air
religious meeting, all City parks, from 6:00 P.M. to
8:00 P.M. weekdays, and from 3:00 P,M. to 5:00 P.M.
Sundays.
PROJECT 21 Councilman Patterson stated
that he was in favor of support-
ing Project 21 on a pro-rated
basis and would like to have the matter referred to staff for their
recommendation.
Councilman Villa's motion to donate $1, 000 to assist the UCI Project
Z1 was seconded by Councilman Patterson. ,~-fter further discussion,
Councilman Herrin's motion, seconded by Councilman Evans, to refer
the matter to staff for recommendation regarding the amount of money needed,
its use, Santa Ana's pro rated share, whether or not it is a legal expenditure,
and benefits to the City of Santa Aha, was carried on a 6 - 1 vote, Councilman
Villa voting NO.
TRAFFIC SIGNAL REFUND Mr. Frank Campbell, Attorney
representing Farmers
Underwriters Association,
reviewed events leading to their recent request for refund of $3,500 deposited
with the City for their share of the cost of a proposed traffic signal to be
installed at Memory Lane and Flower Street. (A condition to the granting of
Variance Nor 1083, by Resolution No. 59-88)
The request for refund was denied by the Council at the April 5, 1971, meeting,
and Mr. Campbell asked that the matter be reconsidered.
CITY COUNCIL -146- May 3, 1971
TRAFFIC SIGNAL REFUND - (continued)
Councilman Herrin's motion, seconded by Councilman Yamamoto, to refund
the deposit and to approve an agreement providing for a $3500 reimbursement
to the City by Farmers Insurance Company when the traffic signal is installed,
failed on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Yamamoto, Griset
Villa, Patterson, Evans, Markel
None
RECESS
ali Council members present.
At 5:10 P. M., a five minute
recess was declared~ Council
reconvened at 5:20 P.M., with
BUS TRANSPORTATION STUDY Presentation of the report
by AlanM. Voorhees and
Associates on the Santa Aha
Transit System was set for public hearing in the City Hall Annex, at 8:00
P, Mo, on Thursday, May 13, 1971, on the unanimously carried motion of
Councilman Patterson, seconded by Councilman Herrin,
SOLICITATION APPLICATION Reverend Wayne Bridge,
SANTA Al'IA SERTOMA CLUB represen~a/xng the Santa Ana
Sertoma Club requested
approval to solicit for the sale of tickets to a Pancake Breakfast, to be held
on June 6, to benefit Children's Hospital of Orange County. The solicitation
was approved between the dates of May t5 and June 5, 1971, subject to filing
the regular application form for regular processing.
TAX COLLECTOR'S SALE Acquisition of the following
parcels of tax-delinquent
property was authorized on
the unanimously approved motion of Councilman Herrin, seconded by Council-
man Yamamoto:
A.P. NO. 101-504-12
A.P. NO. 101-504-20
A. 1~. NOo 101-602-17
A.P. NO. 102-532-02
A. 1~. NO. 109-874-25
Code 11-022 Fairview Street
Code 11-022 Fairview Street
Code 11-066 Drainage Easement
Code 11-040 Water Easement
Code 11-{)46 Drainage Easement
AGENDA
motion of Councilman Herrin,
Agenda items 50-62 were
deferred to the evening Agenda
on the unanimously approved
seconded by Councilman Patterson.
RECESS At 5:40 P.M~, the meeting
was recessed to 7:30
at which time it was reconvened
with ail Council members present. Following the Pledge of Allegiance to the
Flag, the Invocation was given by the Reverend Robert H. Scott, First
Nazarene Church.
CITY COUNCIL -147- May 3, 1971
SALE OF CITY OWNED The Mayor announced the sale
REAL PROPERTY of real property located on the
west side of Evergreen Street,
south of Warner Avenue (Surplus Property Report 70-12), on which the City
had received a bid of $6,500,00 from Mr. Decidero Yanez, through Gallegos
Realty. The Mayor invited additional bids on the property from anyone present;
after three calls with no response, the Mayor declared the property sold to
IVir. Yanez and instructed him to deliver to the Clerk of the Council his written
statement of bid plus 10% of his bid in cash, cashier's check, or certified check.
PUBLIC HEARING Director of l~ub~ic Works Ronald
STREET VACATION Wolford reported that staff
APRICOT AT HALLADAY recommends adoption of
Resolution 71-38 ordering the
vacation of Apricot Street east of Halladay Street inasmuch as this portion of
Apricot Street is unnecessary for present or prospective street purposes.
The Mayor opened the public hearing. There were no proponents or opponents
in this matter, and the Clerk reported no written comnauni~ations had been
received, The Mayor declared the public hearing closed.
RESOLUTION 71-38 ORDERING THE VACATION OF APRICOT F~TREET,
EAST OF HALLADAY STREET was adopted, on motion of Councilman
Herrin, seconded by Councilman Markel, and carried on the following roll
call vote:
AYES:
NOES:
ABSENT:
Herrin, Markel, Villa, Patterson, Griset, Yamamoto, Evans
None
None
PUBLIC HEARING Planning Director Wieland
APPEAL # 267 stated that Variance Application
CARL KARCHER ENTERPRISES, INC, 71-14 involves adding a section
to a building, acquiring a
single-family residence, and expanding the parking area at Carl's Jr., located
in the R 1 District at 1618 N. Linwood Avenue~
The Mayor opened the public hearing. The following persons spoke in ~upport
of the appeal:
Mr. Don Holden, 136 West Whiting, Fullerton, Attorney
representing CarlKarcher Enterprises, Inc.
Mr. Bernard Karcher, 1200 N. Harbor, Anaheim, Real
Estate Director for Carl Karcher Enterprises, Inc.
John Bond, 1617 N, Linwood.
Herman Altman, owner of the property at 1618 N. Linwood.
Proponents stated that although this improvement will provide additional seat-
ing, there will be eight more spaces for parking than the Code requires; that
this proposed parking lot is not as deep an intrusion into the R 1 zone along
17th Street as others in the area; that several residents in the area are in favor
of these improvements; and that the property lends itself to commercial use.
The following persons spoke in opposition to the appeal:
Ray Bowman, 1614 N. Linwood
John M. Hoy, 1514 Linwood.
CITY COUNCIL -148- May 3, 1971
PUBLIC HEARING
APPEAL #267
CARL KARCHER ENTERPRISES,
INC. - (Continued)
Reasons for opposition to the appeal were additional noise; additional traffic,
making the street more hazardous for school children; encroachment into a
residential area; the restaurant's late closing lmours during the summer months;
and trash being thrown on property owners' lawns.
There were no further proponents or opponents in this matter, and the Clerk
reported no written communications had been received. The Mayor declared
the public hearing closed.
Councilman Villa's motion, seconded by Councilman Markel, to grant Appeal
#267 and instruct the City Attorney to prepare a Resolution granting Variance
Application No. 71-14 subject to conditions of approval contained in Planning
D~partment Comments dated April 1Z, 1971, carried on the following roll call
vote:
AYES:
NOES:
ABSENT:
Villa, Markel, Patterson, Herrin, Griset
Yamamoto, Evans
None
PUBLIC HEARING Councilman Evans asked to be
APPEAL #265 excused during consideration
H. & J. MABURY COMPANY of this item since his company,
The First American Title
Insurance Company, has an interest in this project, creating a Conflict of
Interest.
Mr. Ho R~ Stokes stated that the vote of the Planning Commission on~L.this
item was inaccurately reported; that Commissioners Sanders and Parks voted
NO, making the vote 3 - Z in favor of den~al of the Variance Application. It
was subsequently established that Mr. Stokes' statement was correct.
See Planning Director Wieland stated that there ~ two problems involved in this
bLlnutes appeal: (1) intrusion into the R 1 zone along ~g~ Street for parking purposes;
c°rrec%i~d (Z) the amount of coverage vs. open space, which the R 4 section of the
June 1, Zoning Code states must be 50/50.
~971
The Mayor opened the public hearing to consider the appeal, filed by H and 3
Mabury Company, from the Planning Commission denial of Variance Application
71-7, to construct a two-story garden apartment development in the R 4 District
within 150' of R 1 zoned property, to waive a portion of the required 50 percent
open space, and to permit offstreet parking in the R 1 District. The following
persons spoke in favor of the appeal:
Mr. H.R~ Stokes, 615 S. Flower Street, Attorney, representing
the O.K. Earl Corporation.
Mr. Robert La Fon, 1185 Rexford Avenue, Pasadena, Architect,
representing the O.K. Earl Corporation.
CITY COUNCIL -149- May 3, 1971
PUBLIC HEARING
APPEAL #265
H. &J. MABURY COMPANY - (Continued)
The proponents stated that there are special circumstances ~vith respect to
this property--size, configuration, not only of the property itself, but also
the adjacent park; that providing a loop-type drive as suggested by the
Planning staff required an additional 10% driveway, adding to the percentage
of coverage for the project. Plot plans, drawings and color renderings were
presented to the Council It was also stated that this will be a high-quality
residential development with 1731 sq. ft. per unit; bar-b-ques, recreational
facilities, patios; attractive building exteriors, and fireplaces in the units.
Mr. Stokes requested that Paragraph 1 of the conditions of approval be
modified to approve the plot plan as submitted, eliminating subparagraph (a)
and (b).
The following persons spoke in opposition to the matter:
Mrs. Thomas Kearney, 901 N. Mirasol Street
Mr. R. Forge, 1025 N. Mirasol Street
Mrs~ Leona Gable, 913 Dana
Mr. Cliff Frazier, 2049 S. Halladay
Mr. Carl Schwartz, 702 Mabury Street, President,
Mabury Homeowners Association.
Opposition was based on the following: Variance would erode part of the
100' buffer zone; population density; and possible drainage problems.
There were no further proponents or opponents in this matter, and the Clerk
reported no written communications had been received. The Mayor declared
the public hearing closed.
Councilman Villa's motion, seconded by Councilman Patterson, to uphold the
action of the Planning Commission and instruct the City Attorney to prepare
a resolution denying Variance Application No. 71-17, carried on the following
roll call vote:
See Minutes AYES:
correction NOES:
June 1, 1971 ABSENT:
Villa, Patterson, Herrin, 2(2{3{~[d{~,
~X Griset
'Evans
Yamamoto, Markel
RECESS
all Council members present.
A five-minute recess was
declared at 9:35 P.M. Council
reconvened at 9:45 P.M., with
PUBLIC HEARING The Mayor stated that he had
APPEAL#Z66 been questioned as to a possible
S. ARTHUR MARTINEZ conflict of interest with regard
to his relationship with Mr.
Johnson, broker involved in the sale of property at 711 N. Bristol; that four
businessmen occupy a suite of offices at one address, sharing the services of
a receptionist, but that each business is independently owned and operated. The
City Attorney stated that in these circumstances there is no conflict of interest.
There were no objections from any other member of the Council.
CITY COUNCIL
-150- May 3, 1971
PUBLIC HEARING
APPEAL #266
S. ARTHUR MARTINEZ - (Continued)
After a brief review of the Variance request by the Planning Director, the
Mayor opened the public hearing to consider the appeal, filed by S. Arthur
Martinez, from the Planning Commission denial of Variance Application 71-12,
to construct a twelve story, 250 unit residential development for elderly
people in the C 4 District, less than 140' from the R 1 District. Mr. Arthur
Martinez, Joseph Colombo & Associates, 2315 E. Seventeenth Street, spoke
briefly, presenting to the Council a notebook of data, and displaying artist's
conception of the project.
The following persons spoke in support of the variance:
Loyal Vickers, B746 Elizabeth Street, Riverside
Joseph Colombo, 2315 E. 17th Street
Ralph Allen, 2127 N. Flower
Rev. Galal Oough, 2112 N. Baker
Carlos Ramos, 3409 S. Olive
David Walther, ~halizma~Orange County Fair Housing, 1405
W. Santa Ana Boulevard.
It was stated that this is a HUD program involving a subsidy for the interest,
making it possible to rent these units to couples with a minimum annual
income of $4, 000; that welfare recipients would not qualify because of lack of
income; that there are certain restrictions placed on these projects and if
they are not met, the subsidy will be revoked; that the apartments contain
many special features designed with the elderly in mind; that it is located within
walking distance of many fine stores, banks, public library; that there is parking
for 118 automobiles; that the need for adequate housing for the elderly; is
substantial; and that a project of this type would be an asset to the neighborhood.
RECESS
all Council members present.
At 10:40 P.M., a five-minute
recess was delcared. Council
reconvened at 10:50 P.M., with
PUBLIC HEARING Additional proponents of
APPEAL #266 Variance Application No. 71-12
S. ARTHUR MARTINEZ - (continued) were the Rev. Everett P.
Williams, 1323 W. Third Street;
Mrs. Sally Posthill, President, Santa Aha League of Women Voters, 15345
Emporer Drive; and Mrs. Leah Potter, Vice President, Senior Citizens Club
of Santa Aha, 929 Hickory.
The following persons spoke in opposition to this matter:
Mr. Cliff Frazier, 2049 S. Halladay
Mrs. Janice Boer, 912 N. Lowell
Opposition was based on the height of the structure, particularly in the event
of fire and the fact that it is not a project for low-income people; and that it
CITY COUNCIL -151- May 3, 1971
PUBLIC HEARING
APPEAL ~266
S. ARTHUR MARTINEZ - (Continued)
will create traffic problems and bring many low-income persons into the
City.
The Clerk of the Council read a letter from Mrs. Andrew Erickson, 1247
West Sixth Stree[, OppOsing the Variance Application.
There were no further proponents or opponents in this matter, and the
Mayor declared the public hearing closed.
Councilman Patterson's motion, seconded by Councilman Villa, to overrule
the action of the Planning Cornn'lission and instruci the City Attorney to
prepare a Resolution approving Variance Application 71-12 with appropriate
conditions, was carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Villa, Griset, Yamamoto,
Herrin, Evans, Markel
None
RECESS
all Council members present.
At lg:00 M. a five-minute
recess was de~lare~. Council
reconvened at 12:05 ~. M., with
RES. 71-42 RESOLUTION 71-42 AMENDING
MISCELLANEOUS FEES FEES FOR MISCELLANEOUS
SALES AND SERVICE was
adopted, on motion of Councilman Evans, seconded by Councilman Yamamoto,
and carried on a 6 - 1 vote, Councilman Markel dissenting.
AGREEMENT The City Attorney stated there
DIEHL, EVANS & COMI~ANY is no conflict of interest in this
matter by reason of a
contribution to a political campaign by any member of the firm. After discussion,
the consensus was that a committee should be appointed for the purpose of
making a study for consideration of City Auditing practices.
Councilman Markel's motion, seconded by Councilman Herrin, to appoint a
committee to investigate the matter of a City Auditor, carried on the following
roll call vote:
AYES:
NOES:
ABSENT:
Markel, Herrin, Patterson, Griset, Yamamoto,
Villa
None
Evans
The Mayor appointed a committee composed of Councilmen Herrin, Patterson,
and Evans to take action on the above motion.
CITY COUNCIL
-152- May 3, 1971
BUDGET TRANSFER On motion of Councilman Herrin,
seconded by Councilman Yamamoto,
the request for transfer of funds
in the amount of $4, 000 from account 11-000-911 (Unapplied Appropriations) to
account 11-116-t91 (Election Services) %vas unanimously approved.
BOWERS MUSEUM BOARD On motion of Councilman Evans,
seconded by Councilman Yamamoto,
the request to carry over to next
year's budget $800.00 appropriated for museum sign, was unanimously approved.
DEEDS, NO CASH Council ordered filed the report
GRANTEE, CITY of No Cash Deeds accepted by the
City Manager, pursuant to
Resolution No. 69-156, from April 13 through April 27, 1971, inclusive, on motion
of Councilman Herrin, seconded by Councilman Markel, and ulmanimously carried.
DEEDS, NO CASH On motion of Councilman Herrin,
GRANTOR, CITY seconded by Councilman Patterson,
and unanimously carried, the
following deed was approved, and execution of the deed by the Mayor and Clerk
was authorized:
VARIOUS OWNERS OF RECORD, north side of Sunflower,
east of Harbor, vehicular access rights.
STREET LIGHTING Interim Report dated April
28, 1971, re: use of parking
meter funds for improved
street lighting was received and ordered filed on motion of Councilman Markel,
seconded by Councilman Herrin, and unanimously carried.
TENTATIVE TRACT MAP #7408 On motion of Councilman
R. H. GRANT & COMPANY Herrin, seconded by Councilman
Patterson, and unanimously
carried, Council approved Tentative Tract Map #7408 filed by R.H. Grant
and Company creating eighty-two (82) single family residences and one (1)
apartment lot, located generally at the northwest corner of Main Street
and Columbine Avenue, subject to conditions in report of Planning Director
dated April 27, 1971.
FOURTH STREET ASSESSMENT DISTRICT The interim report dated
NO. 236 - MAINTENANCE April Z9, 1971, regarding
maintenance of the sidewalk;
area in the Fourth Street Assessment District No. g36, was received and filed
on Councilman Herrin's motion, seconded by Councilman Evans and unanimously
carried.
CITY COUNCIL -153- May 3, 1971
PROPOSED UHF COORDINATED RESOLUTION 71-43 OF THE
COMMUNICATIONS SYSTEM FOR CITY COUNCIL OF THE CITY
LAW ENFORCEMENT OF SANTA ANA, CALIFORNIA,
APPROVING A JOINT EXERCISE
OF POWERS AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE
COUNTY OF OP~iNGE AND AUTHORIZING EXPENDITURE OF FUNDS FOR THE
CREATION OF A UHF COORDINATED LAW-ENFORCEMENT COMMUNICATIONS
SYSTEM was adopted, on motion of Councilman Evans, seconded by Councilman
Yamamoto, and carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Evans, Yamamoto, Villa,
Her rin, Markel
None
Patterson, Griset
DISSOLUTION OF TALBERT Report from Director of Public
DRAINAGE DISTRICT Works to City Manager dated
April 28, 1971, recommending
endorsement of Assembly Bill #429, was approved on motion of-Councilman
A/Iarkel, seconded by Councilman Patterson, and unanimously carried, and the
Clerk was instructed to notify Assemblymen Burke, Badt%am and Knox,
accordingly.
REIMBURSEMENT The following reimbursement
was authorized on motion of
Councilman Herrin, seconded
by Councilman Evans, and unanimously carried:
Santa Aha Lincoln Corporation, for improvements on the south
side of 17th Street from Harbor to 258' west in exchange for
ultimate dedication of 52' on 17th Street.
SURPLUS EQUIPMENT The listing of Automotive
equipment attached to the
report, dated April 28, 1971,
from the Purchasing and Property Control Officer, was declared surplus;
and a joint auction on June 26, 1971, with the County of Orange and the payment
of a 10 percent fee of the gross receipts for the auctioneer's services was
authorized on the unanimously carried motion of Councilman Serrin, seconded
by Councilman Markel, with the understanding that the auction with the County
does not set a precedent and the possibility of additional joint auctions in the
future will depend on the results achieved in this one.
SUMMARY OF REFERRALS Summary report of referrals
to staff was received and ordered
filed on motion of Councilman
Herrin, seconded by Councilman Patterson and unanimously carried~
CITY COUNCIL
-154- May 3, 1971
PROPOSED AMENDMENT TO
CITY CHARTER - MINIMUM AGE
REQUIREMENT FOR COUNCIL
CANDIDATE
After discussion, it was determined
That the Council would take no action
on th'is matter until a determinatioh
is made by the State concerning
voting-age requirement,
ADJOURNMENT ' On motion of Councilman Herrin,
seconded by Councilman Evans,
and unanimously carried, the
meeting was adjourned at 12:35 A.M., to Thursday, May 13, 1971, at 8:00 P.M.,
at the City Hall Annex.
Florence I. Malone
Clerk of the Council
CITY COUNCIL
-155 ~
' May 3, 1971