HomeMy WebLinkAbout06-07-1971MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA
June 7, 1971
The meeting was called to order at 2:05 P, M , in the Council Chambers
of the City Hall Annex, 500 West Sixth Street, with the following Council-
men present: Vernon S Evans; Wade Herrin, J~ Ogden Markel, Jerry
M Patterson~ Ray Villa, Harry K Yamamoto, an(~Mayor LorinGriset,
Also present were City Manager Carl J Thornton, City Attorney James
A, Withers Director of Public Works Ronald Wolford, Director of
Planning Herbert Wieland, and Assistant Clerk of the CouncilMarjorie
L West
M INU T ES
on motion of Councilman Villa~
unanimously carried~
The Minutes of the Regular
Meeting of May 17, 1971
were approved as submitted,
seconded by Councilman Yamamoto, and
The Mayor introduced Mr, Robert J, Eichenberg who has recently been
appointed Executive Director of the Industrial Development Association
of Greater Santa Aha: and welcomed him to the City..
EXECUTIVE SESSION At 2:15 P, M,, the meeting
was adjourned to an Executive
Session to consider
appointments to vacancies on the various Boards and Commissions, The
meeting reconvened at 3:50 P M, , with all Council members present.
I~ROJECT 7022 On motion of Councilman
VEHICLE SERVICE FACILITY Herrin, seconded by Council--
man Yamamoto, and
unanimously carried, Council ordered filed report of bids received for
Project 7022 to construct a Vehicle Service Facility in the l~olice
Department Basement Garage; awarded contract to the only bidder,
Banner t~uilders Inc,~ Los Angeles, with Item #2 deducted, for net
amount of $11; 800 00
BID CALLS On motion of Councilman
Herrin, seconded by Council~
man Evans, and unanimously
carried~ Council approved plans and specifications and authorized
advertising for bids on the following:
SPEC~ 271-106 ~ Slurry Seal; annual requirements
1971-72; opening date July 12, 1971;
CITY COUNCIL
-190~ June 7,, 1971
BID CALLS - (Continued)
SPEC. 371-1Z1 - Asphaltic Concrete; annual
requirements 1971-7Z; opening date July lZ, 1971.
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-108Z ORDINANCE NS-108Z
REAL ESTATE BROKERS' AMENDING THE SANTA ANA
COMMISSION MUNICIPAL CODE BY
AMENDING SECTION 2-707
THEREOF was passed to second reading on motion of Councilman Herrin,
seconded by Councilman Patterson, and carried on the following roll call
vote:
AYES:
NOES:
ABSENT:
Herrin, Patterson, Villa, Evans, Griset, Yamamoto
Markel
None
ORD. NS-1084 ORDINANCE NS-1084
CONSTRUCTION WATER AMENDING SECTION 39-29
OF THE SANTA ANA
MUNICIPAL CODE RELATING TO CONSTRUCTION WATER FOR
SUBDIVISIONS AND OTHER DEVELOPMENTS was passed to second
reading on motion of Councilman Villa, seconded by Councilman Patterson
and unanimously carried.
RES.,, 71-51 RESOLUTION 71-51 APPROVING
STREET VACATION MAP AND DECLARING INTENTION
TO VACATE A PORTION OF
ALTON AVENUE BETWEEN SUSAN STREET AND THE PACIFIC ELECTRIC
RAILWAY CROSSING, RESERVING AN EASEMENT THEREIN FOR PUBLIC
UTILITIES, AND GIVING NOTICE OF HEARING THEREON was unanimously
adopted on motion of Councilman Markel, seconded by Councilman Patterson.
RES. 71-5Z RESOLUTION 71-52 EXPRESSING
PRISONERS OF WAR CONCERN FOR AMERICAN
PRISONERS OF WAR AND URGING
NEGOTIATIONS FOR THEIR PROMPT RELEASE was adopted with the
amendment that letters be sent to Congressmen and Senators and to Hanoi,
on motion of Councilman Villa, seconded by Councilman Patterson, and
unanimously carried.
CITY COUNCIL
-191- June 7, 1971
RES. 71-53 RESOLUTION 71-53
CHURCH OF THE BRETHREN OVERRULING THE DECISION
OF THE PLANNING
COMMISSION AND APPROVING CONDITIONAL USE PERMIT 71-1Z
SUBJECT TO APPROPRIATE CONDITIONS was adopted, on motion of
Councilman Herrin, seconded by Councilman Yamamoto, and carried
on a 4 - 3 vote, Councilman Evans, Patterson, and Markel dissenting.
RES. 71-54 RESOLUTION 71-54
WILLIAM H. BEBERMEYER OVERRULING THE
DECISION OF THE ZONING
ADMINISTRATOR AND GRANTING A VARIANCE ON vARIANCE
APPLICATION 71-24 SUBJECT TO CONDITIONS OF APPROVAL
CONTAINED IN FINDING OF FACT was adopted on motion of Councilman
Herrin, seconded by Councilman Evans, and carried on the foll~)wing roll
call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Villa, Griset, Markel
Yamamoto, Patterson
None
RES. 71-55 RESOLUTION 71-55
JESUS G. GARCIA OVERRULING THE DECISION
OF THE ZONING ADMINISTRATOR
AND GRANTING A VARIANCE ON VARIANCE APPLICATION 71-23
SUBJECT TO CONDITIONS OF APPROVAL CONTAINED IN THE FINDING
OF FACT was adopted on motion of Councilman Evans, seconded by
Councilman Herrin, and carried on a 6 - 1 vote, Councilman Patterson
voting NO.
RES. 71-56 RESOLUTION 71-56 APPROVING
HAROLD GRIFFIN APPEAL APPLICATION 271
AND GRANTING A VARIANCE
ON VARIANCE APPLICATION 71-22, SUBJECT TO APPLICABLE
CONDITIONS was adopted on motion of Councilman Evans, seconded by
Councilman Markel, and carried on a 6 - 1 vote, Councilman Patterson
voting NO.
AGREEMENT Agreement between the City
ACQUISITION OF PROPERTY of Santa Ana and the County
of Orange for purchase of
the State's title to tax deeded property within the City of Santa Aha as
provided by Division I, Part 6, Chapter 8, of the Revenue and Taxation
Code of the State of California, was approved, and its execution by the
Mayor authorized, on motion of Councilman Herrin, seconded by
Councilman Villa, and unanimously carried.
CITY COUNCIL -192- June 7, 1971
CHANGE ORDER Change Orders ~1, 2R, 3,
PROJECT #7013 and 4, on Project #7013,
SANTA ANA CITY MALL construction of Santa Ana
City Mall, increasing in
the amount of $3,755.31, was approved on motion of Councilman Evans,
seconded by Councilman Patterson, and carried on the following roll
call vote:
AYES:
NOES:
AJBSENT:
Evans, Patterson, Villa, Herrin, Griset,
Markel
None
Yamamoto
AGREEMENTS Councilman Markel' s
ARTERL~L HIGHWAY FINANCING motion, seconded by
Councilman Herrin, to
consider Projects 602 and 628 separately, was unanimously carried.
Agreement between the City of Santa Aha and the County of Orange
authorizing Project #602, First Street, 200' west of Center Street
to Bush Street, approved for participation in the 1971-72 AHFP Program
was approved on motion of Councilman Herrin, seconded by Councilman
Yamamoto, and carried on the following roll call vote:
AYES: Herrin,
NOES: Markel
ABSENT: None
Yamamoto, Villa, Evans, Griset, Patterson
Agreement between the City of S~nta Ana and the County of Orange
authorizing Project #628, 17th Street, Santa Aha River to Santiago Street,
approved for participation in the 1971-72 AHFP Program, was approved
on motion of Councilman Herrin, seconded by Councilman Evans, and
carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Villa, Griset, Yamamoto, Patterson,Markel
None
None
PROJECT 2012 -A On motion of Councilman
BOX CULVERT Herrin, seconded by Councilman
Yamamoto, and unanimously
carried, Council approved plans and specifications on the following:
PROJECT 2012-A - Box culvert crossing of Dyer Road
over Orange County Flood Control Districts' Santa Aha-
Delhi Channel.
TRAFFIC The report of control devices
removed or installed from
May 18, 1971 through May
31, 1971, inclusive, was received and ordered filed, on motion of Council-
man Markel, seconded by Councilman Herrin, and unanimously carried.
CITY COUNCIL -193- June 7, 1971
ALCOHOLIC BEVERAGE It was moved by Councilman
LICENSE APPLICATIONS Her~in, seconded by Council-
man Villa, and carried on a
6 - 1 vote, Councilman Yamamoto dissenting, to receive and file the
following Alcoholic Beverage License applications:
BEER CHALET, 2601 W. Edinger, On Sale Beer, Person Transfer;
THE HUT, 315 W. 17th Street, On Sale Beer, Person Transfer;
THE ORBIT INN, 3601 W. First Street, On Sale Beer, Person
Transfer;
THE BLUE ROO1vi, 1212 S. Bristol, #16, On Sale Beer, Person
Transfer;
PIZZA HUT, 2390 N. Tustin, On Sale Beer ~ Wine, Original
Transfer;
THE BOMB SHELTER, 216 E. Warner, Bldg. G & H, On Sale
Beer, Person Transfer.
SOLICITATION APPLICATIONS The following Solicitation
Applications were approved
on motion of Councilman
Markel, seconded by Councilman Patterson, and unanimously carried:
WINGS OF 1VIERCY, INC., lZ0 E. Pomona, telephone-
direct business contacts, June 5 to August 5, 1971.
LEUKEMIA SOCIETY OF AlvIERICA, INC., Orange
County Chapter, 1175Z Garden Grove, Suite 201, door-
to-door residential volunteer march, September 1-30, 1971.
FIRST CHURCH OF GOD, 424 S. Newhope Street, candy
sale, June 10 to August 10, 1971.
VARIANCES AND CONDITIONAL The following applications
USE PERMITS were received and ordered
filed, on motion of Council-
man Patterson, seconded by Councilman Evans, and unanimously carried:
EX 71-4, ORANGE COUNTY POSTAL CREDIT UNION -
To erect a 35' high flag pole in the required 15' front
setback at Z122 N. Broadway, APPROVED.
VA 71-25, FIDELITY FEDERAL SAVINGS & LOAN
ASSOCIATION - To permit a duplex on a lot in the
R 1 District at gl08 S. Hickory Street; APPROVED.
VA 71-26, ARCHIE KEUILIAN - To construct a building
addition in the required 10' rear yard in the C Z District
at 4518 Westminster Avenue; APPROVED.
VA 71-27, CLAi{ENCE R. & LURA V. BABB - To care
for mentally retarded adults in the R 3 District at 1136 -
1140 W. Highland Street; APPROVED.
CITY COUNCIL
-194-
June 7, 1971
PUBLIC PROPERTY USE On motion of Councilman
Herrin, seconded by
Councilman Patterson, and
unanimously carried, the following application for Special License to
Use Public Property was approved:
REV. GRAHAM SCOTT, 13861 La Bonita, Garden Grove,
open-air religious services in the parking lot at the
corner of Fourth and French Streets, Sundays, from
2:00 P.M., to 4:00 P.M.
PROPOSED CITY OF Il{VINE Letter from Gibson, Dunn
& Crutcher, attorneys for
The Irvine Company, dated
May 24, 1971, concerning the Irvine-Santa Aha Settlement Agreement
dated May Z0, 1963, was received and ordered filed on motion of Councilman
Herrin, seconded by Councilman Patterson, and unanimously carried.
VA 71-20 Letter from South Santa Ana
R. H. GRANT CORPORATION Citizens Committee, dated
May 25, 1971, with petition
containing 258 signatures attached, expressing concern over the approval
of VA 71-20, to construct a two-story townhouse development at 222 W.
Dyer Road, was received and ordered filed, on motion of Councilman
Patterson, seconded by Councilman Villa, and unanimously carried.
DRAINAGE, GRAND AVENUE, Two letters dated May 5, 1971,
SANTA CLARA, AND OLD GRAND from Dwight C. Schroeder
AVENUE concerning possible future
drainage problem in the area
bounded by Grand Avenue, Santa Clara Street, and Old Grand Avenue, were
received and ordered filed on motion of Councilman I~errin, seconded by
Councilman Villa, and unanimously carried.
ACCOUNTANTS' REPORT Report filed by Diehl, Evans,
and Company, independent
auditors, for the nine months
ended March 31, 1971, was received and ordered filed on motion of Council-
man PIerrin, seconded by Councilman Patterson, and unanimously carried.
RESIGNATION FROM Letter dated June 1, 1971, from
PLANNING COMMISSION Everett E. Parks, submitting
his resignation from the Santa
Aha Planning Commission, effective June 30, 1971, was received, with
regrets, and the Mayor was requested to direct a letter to Mr° Parks
expressing appreciation of the Council for his service to the City, on motion
of Councilman Herrin, seconded by Councilman Patterson, and unanimously
carried.
CITY COUNCIL -195- June 7, 1971
LOS ALAMITOS NAVAL Letter dated May 28, 1971,
AIR STATION from the City of Los Alamitos
concerning future uses of the
Naval Air Station, Los Alamitos, planned for deactivation later this year,
was received and ordered filed, on motion of Councilman Markel, seconded
by Councilman Yamamoto, and unanimously carried.
DEEDS, NO CASH On motion of Councilman Herrin,
GRANTOR, CITY seconded by Councilman
Yamamoto, and unanimously
carried, the following deeds were approved and the Mayor and Clerk were
authorized to execute the deeds:
ORANGE COUNTY CIVIC CENTER AUTHORITY, north side
of 6th Street, west of Flower; and west side of Ross, south
of Civic Center Drive, east side of Van Ness, south of
Civic Center Drive.
VARIOUS OWNERS OF RECORD, south side of McFadden,
west of Village Way.
VARIOUS OWNERS OF RECORD, north side of 17th Street,
west of Wright, vehicular access rights.
DEEDS, NO CASH Council ordered filed
GRANTEE, CITY the report of No Cash
Deeds accepted by the
City Manager, pursuant to Resolution No. 69-156, from May 12, 1971
through June 1, 1971, inclusive, on motion of Councilman Herrin,
seconded by Councilman Yarnamoto, and carried on a 6 - 1 vote,
Councilman Markel dissenting°
USE OF ALUMINUM WIRE Report of the Director of
Building Safety on the Use of
Aluminum Wire was received
and ordered filed on motion of Councilman Herrin, seconded by Council-
man Yamamato, and carried on a 6 - 1 vote, Councilman Markel dissenting.
In discussion, the Building Safety Director stated he believed the use of
aluminum in electrical wiring required additional laboratory testing
before being authorized for use.
TENTATIVE PARCEL/
TRACT MAPS
maps were approved:
On motion of Councilman
Herrin, seconded by Council-
man Evans, the following
TENTATIVE PARCEL MAP #697 - Filed by Stater Bros.
Markets, creating two (Z) C 4 parcels for commercial
use, located generally on the southeast corner of McFadden
Avenue and Standard Avenue, subject to conditions in report
of Planning Director dated May 25, 1971; and alley require-
ment was waived.
CITY COUNCIL -196- June 7, 1971
TENTATIVE PARCEL/TRACT~MAPS - (Continued)
TENTATIVE PARCEL MAP #698 - Filed by Coldwell
Banker and Company, creating two (Z) M 1 parcels for
industrial use, located generally on the northeast corner
of 1VfcFadden Avenue and Grand Avenue, subject t-o
Conditions in rE
19,71;
TENTATIVE TRACT MAP #6311 - Filed by Kavanaugh
Development Company, creating one (1) R Z lot to be
used for four-plex residential units located generally
on the north side of McFadden Avenue, 4560' west of
Harbor Boulevard, subject to conditions in report of
Planning Director dated 1V~ay 25, 1971; and alley
requirement was waived
tk~ ~ollov~ing roll call'
NOES: None
ABSENT: None
On motion of Councilman Herrin, seconded by Councilman Evans,
and carried on a 6 - ] vote, Councilman Markel dissenting, the
following map was approved:
TENTATIVE TRACT MAP #7434 - Filed by William
Miles, creating 298 single-family residential lots
located on the northeast corner of Alton Avenue and
Greenville Street, subject to conditions in report
of Planning Director dated June 3, 1971; and alley
requirement was waived.
RECESS At 4:50 P.M., a ten-
minute recess was
declared. Council
reconvened at 5:00 P./VL, with all Council members present.
TRASH ABATEMENT On motion of Councilman
Evans, seconded by
Councilman Herrin, and
unanimously carried, Council approved City Manager's report dated
June 3, 1971, on Trash and Rubbish Problems, and instructed the
City Attorney to prepare an ordinance amending Chapter 16 of the
Santa Ana Municipal Code to provide for citation authority and abatement
procedure for trash and rubbish problems.
CITY COUNCIL -197- June 7, 1971
REIMBURSEMENT The following reimbursement
was authorized on motion of
Councilman PIerrin, seconded
by Councilman Evans, and unanimously carried:
IViEL MACK COMPANY, for street improvements on
east side of Euclid Street from 300' north to 1100' north
of First Street, and from 1100' east to 1321' east of
Euclid Street in exchange for ultimate dedication on
First Street and Euclid Street, CUP 69-14, in the amount
of $9,048.00.
SURPLUS PROPERTY REPORTS
971~.06, 71-07, 71-08, 71-09
PROJECT 1150
approved Surplus Property Reports #71-06,
On motion of Councilman
Herrin, seconded by
Councilman Evans, and
unanimously carried, Council
71-07, 71-08, 71-09 and
authorized the Mayor to execute a Property l,ipting Agreem~ent.,
with Gallegos Realty Company for the sale of parcels as listed in the
reports, located on Civic Center Drive West from FairviewStreet to
Bristol Street.
SALE OF SCRAP On motion of Councilman
Herrin, seconded by Council-
man Evans, and unanimously
carried, Council approved request of the Purchasing & Property Control
Officer for permission to sell individual lots of scrap during the fiscal
year 1971-1972, as they accumulate, pursuant to Section Z-704 of the
Santa Aha Municipal Code.
BUDGET TRANSFERS On motion of Councilman Markel,
seconded by Councilman Herrin,
and unanimously carried, the
following requests for transfer of funds were approved:
APPROPRIATION ADJUSTMENT #85 dated May 17, 1971,
in the amount of $14, 800.00o
APPROPRIATION ADJUSTMENT #93 dated May 24, 1971,
in the amount of $9,450.00.
APPROPRIATION ADJUSTMENT dated June 3, 1971, in
the amount of $1, 925.00.
SURPLUS PROPERTY On motion of Councilman Herrin,
REPORT NO. Z8-68 seconded by Councilman
Patterson, and unanimously
carried, Council approved Surplus Property Report #28-68, and authorized
the Mayor to execute a Property Listing Agreement with Grubb and Ellis
Company, Realtors, for sale of property at the northwest corner of First
Street and Bristol Street.
CITY COUNCIL
-198- June 7, 1971
CONFERENCE ON CITIES Councilman Markel reported
briefly on the Conference on
Cities held in Indianapolis,
May 25 through Z8, 1971, attended by Councilmen )~arkel, Yamamoto and
Mayor Griset.
HUMAN RELATIONS COMMISSION Mr. Cliff Fraizer, 2049 So
AND LEASED HOUSING PROGRAM Halladay Street, reviewed two
letters which he had previously
presented to the Council concerning the Santa Ana Human Relations
Commission, and the Leased Housing Program. Mr. Fraizer stated that
he is opposed to the continuance of the Human Relations Commission; that
it should be terminated or approved by the voters. He further stated that
he is opposed to the Leased Housing Program; that it should be recognized
that no matter which government agency subsidizes a program the people
eventually pay for it; and that State of California Article XXXIV, Public
Housing Law, Section 1, states that subsidizing of low cost housing is
forbidden unless favorably voted on by the electors.
STREET CLOSURE Councilman Villa requested
approval to close Sycamore
Street between 4th and 5th
Streets for approximately two hours on the afternoon of Wednesday,
June 16th, for a Z-hour celebration of the opening of the Banco de Pueblo.
On motion of Councilman Evans, seconded by Councilman Patterson, and
unanimously carried, Council approved the street closure as requested,
subject to the normal processing procedure.
LIFETI/ViE HOMES The City Attorney stated that
he had been contacted by
Council representing the
developer of Lifetime Homes, who have developed 3Z duplex units in the
northeast portion of the City; that they wish to sell undivided 1/Z interest
to each property and have requested Council's expression as to policy in
this matter.
Mr. Prentiss Fish of Rutan & Tucker, Attorneys, representing Lifetime
Homes, stated that the question is whether the duplexes will be rented or
owned, and that in either case the density and use would be the same; that
they are requesting that the matter be researched in regard to any legal
problems and, if appropriate, an ordinance be drafted to cover the situation.
Councilman Evans' motion, seconded by Councilman Villa, to refer the matter
to the City Attorney and the City Manager for research and report to
Council, carried on a 6 - 1 vote, Councilman Patterson voting NO.
RECESS At 5:30 P. Mo, 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 Chaplain Herman f. Baerg of the Orange County
Medical Center.
CITY COUNCIL -199- June 7, 1971
NATIONAL FIRE PREVENTION Fire Chief Eugene R. Judd
ASSOCIATION AWARD presented to the Mayor a
plaque and certificate
awarded to the City of Santa Aha by the National Fire Prevention
Association for first place award in fire prevention in the Municipal
Division, Class III, for the year 1970; and the California Fire Chief
Association Service Award for first place in outstanding fire prevention
activities in the State of California for the year 1970. The Mayor accepted
the awards on behalf of the City, recognizing and commending all those
who made the award possible.
PUBLIC HEARING The Mayor opened the
AMENDMENT APPLICATION #683 public hearing on Amendment
SANTA ANA PLANNING COMMISSION Application #683 initiated by
the Planning Commission
proposing to rezone a triangular shaped parcel located on the east side of
Grand Avenue, north of Dyer Road, from the A 1 District to the M 1
District. There were no ~roponellt$; or opponents. The Clerk reported no
written communications had been received, and the public hearing was
closed°
ORDINANCE NS-1083 CHANGING DISTRICT CLASSIFICATION ON AMEND-
MENT APPLICATION 683 INITIATED BY THE PLANNING COMMISSION
AND AiVIENDING SECTIONAL DISTRICT MAP Z9-5-9 (EXHIBIT A.A 683 A)
was passed to second reading, on motion of Councilman Patterson, seconded
by Councilman Yarnamoto, and unanimously carried.
At the request of Mrs. Thomas Kearney, consideration of Agenda Item # 7Z
was deferred until later in tl'~ evening.
PUBLIC DANCING PERMIT The Mayor requested comments
from the staff in the matter of
the appeal filed by Irving Freed,
from Police Chief's denial of a permit to operate a public dancing plac~ at
"The New Wild Hare", 501 South Grand Avenue° The City Attorney stated
that the Santa Ama Municipal Code sets forth four specific conditions in
connection with issuance of dance permits; that it must be a bona fide eating
place, it must seat at least 35 people, that the dance area must contain
300 square feet of floor space, and that there will be a minimum of two
musicians who personally furnish the music.
The Mayor opened the public hearing.
Mr. Irving Freed, o~vner of The New Wild Hare, stated that his restaurant
meets all of the conditions except the required square footage of floor
space for dancing, and that it would be no problem to increase the size of
the dance floor.
There were no further proponents or opponents. The Clerk reported no
written communications had been received, and the Mayor declared the
public hearing closed°
CITY COUNCIL -ZOO- June 7, 1971
PUBLIC DANCING PERMIT - (Continued)
Councilman Villa's motion, seconded by Councilman Evans, to overrule
the action of the Police Chief and instruct him to issue a permit to
Mr. Irving Freed to provide a dancing area in "The New Wild Hare"
restaurant with the condition that the dancing area be expanded to 300
square feet, carried on the following roll call vote:
AYES: Villa, Evans, Herrin, Griset, Patterson, Markel
NOES: Yamamoto
ABSENT: None
RECESS
P. M., with all Council members present.
At 8:05 P.M., a ten-minute
recess was declared. The
meeting reconvened at 8:15
FIREWORKS STAND WAIVER The Mayor requested a
report from staff in connection
with a request from the Church
of Religious Science to operate a fireworks stand in the parking lot adjacent
to Thrifty Drug Store in the 2700 block of North Main Street° The City
Manager stated that the staff is opposed to this request; that fireworks stands
present a high fire hazard, and this stand would be located in Fire Zone 1
where such use is prohibited; that the City has achieved a Class II fire
rating which could be jeopardized if the stipulations of the National Board
of Fire Underwriters are not followed.
Mrs° Mary Coombs, 218 Owen~ Drive, stated that there was a fireworks
stand atthatlocation two years ago; that the proceeds would be used to send
children of the church to summer camp; that they have arranged for proper
supervision at all times; and that there is not sufficient time to find another
location for the stand.
Request of the Church of Religious Science for Fireworks Stand Waiver was
denied on motion of Councilman Patterson, seconded by Councilman Herrin,
and unanimously carried.
RES. 71-58
EQUIPMENT OPERATOR-STREET,
MOTOR SWEEPER OPERATOR,
STREET FOREMAN
RESOLUTION 71-58 AMENDING
SECTION 3 OF RESOLUTION
NO. 58-281 BY DELETING
CERTAIN SPECIFIED CLASSES
AND ADDING THE CLASSES
OF EQUIPMENT OPERATOR-STREET, MOTOI~ SWEEPER OPERATOR AND
STREET FOREMAN was adopted, and Classification Specifications were
approved, on motion of Councilman Patterson, seconded by Councilman
Evans, and unanimously carried~
CITY COUNCIL -Z01- June 7, 1971
RES. 71-59 RESOLUTION 71-59 AMENDING
GROUND MAINTENANCE MAN I SECTION 3 OF RESOLUTION
AND II, GARDNER NOo 58-281 BY DELETING
CERTAIN SPECIFIED CLASSES
AND ADDING THE CLASSES OF GROUND MAINTENANCE MAN I AND II
AND GARDNER was adopted, and Classification Specifications were
approved, on motion of Councilman Patterson, seconded by Councilman
Yamamoto, and unanimously carried.
PUBLIC HEARING The Mayor opened the public
APPEAL ~265 hearing on Appeal #265 filed
H & J MABURY COMPANY by H & J' Mabury Company
appealing the Planning
Commission's denial of VA 71-17 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% open space, and to permit offstreet
parking in the R 1 District at 1851 E. Fruit Street°
Mr. Gordon Bricken, 1017 N. Wright, reviewed the reasons for the
Commission's denial of VA 71-17, and stated that they are not opposed to
the project, but are looking for ways to negotiate a suitable arrangement
in this area.
Mr. H.R,. Stokes, 615 South Flower Street, Attorney, appeared on behalf
of the O.K. Earl Company, presenting plot plans and slides; he stated that
carports will be provided in place of the open parking; that there will be a
masonry wall, a berm up to the wall, with the roof of the carports sloping
upward; that all of these precautions should minimize noise and substantially
mitigate any detrimental effect on neighbors to the west.
The following persons spoke in opposition to the matter:
Mr. Carl Schwarz, 702 MaburyStreet, President, Mabury
Homeowners ' Association
Mrs. Thomas Kearney, 901 Mirasol Street, President,
Citizens for Better Zoning
W.R. Beveridge, 1106 Concord
Mr. Bob Fraser, 1618 Eo Washington
The opponents objected to the intrusion for parking into the R 1 zone;
suggested that Sherry Boulevard development be extended from Fourth
Street to 17th Street rather than from Fruit to 17th Street; requested
installation of a traffic signal at Fruit and Sherry Blvdo , and walkways
over Sherry Boulevard for school children.
The City Manager stated that the R 1 zone was originally intended as a
"control" zone rather than a buffer zone; and that the City would assume
responsibility for park maintenance.
Mr. Schwarz presented a petition containing 589 signatures indicating that
the residents in the area are still opposed to the variance. On motion of
Councilman Villa, seconded by Councilman Evans, and unanimously carried,
the petition was received and ordered file.
CITY COUNCIL -Z0Z- June 7, 1971
PUBLIC HEAl{lNG, APPEAL #265
H & J MA_BURY COMPANY - (Continued)
There were no further proponents or opponents in this matter. The
Clerk reported no written corrn-nunications, and the Mayor declared
the public hearing closed.
RECESS
P. Mo, with all Council members present.
At 9:40 P.M., a five-
minute recess was declared.
Council reconvened at 9:45
It was moved by Councilman Herrin, seconded by Councilman Villa, to
overrule the Planning Commission action denying Variance 71117; to
grant Appeal #265; and to instruct the City Attorney to prepare a Resolution
approving Variance Application No, 71-17 with appropriate conditions, The
motion carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Villa, Evans, Griset, Yamamoto
Patterson, Markel
None
FIREWORKS DISPLAY Councilman Yamarnoto reported
that he and Councilman Herrin
had attended a meeting of the
Supervisors of the Fire Department in which Chief Judd requested the City's
participation in a fireworks display program in the Municipal Bow1 in lieu of
selling fireworks' within the City; the consensus was that the idea would be
of benefit to the City but there would not be sufficient time to prepare such
a program for this year.
ADJOURNMENT The meeting was adjourned at
I0:10 Po M. , on motion of
Councilman Herrin, seconded
by Councilman Evans, and unanimously carried.
Marj~rie L. West
Assistant Clerk of the Council
CITY COUNCIL
-203-
June 7, 1971