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HomeMy WebLinkAbout11-02-1970MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA November 2, 1970 The meeting was called 1o order at 2:07 P. M., in the Council Chambers of the City Hall Annex, 500 West Sixth Street, with the following Council- men present: Wade Herrin, Vernon S. Evans, J. Ogden Markel, Ray Villa, Harry K. Yamamoto, and Mayor Lorin Griset. Councilman Jerry M. Patterson was absent, but arrived shortly. Also present were City Manager Carl J. Thornton, City Attorney William L. Mock, Director of Public Works Ronald Wolford, Director of Planning Herbert Wieland, and Clerk of the Council Florence I. Malone. MINUTES On motion of Councilman Evans, seconded by Councilman Herrin and unanimously carried, the Minutes of the Regular Meeting of October 19, 1970 were approved as submitted. Councilman Patterson arrived at the Council Meeting. EXECUTIVE SESSION At 2:10 P. M., the City Council adjourned to Executive Session for approximately one-half hour to consider appointment to Bowers Museum Board. The Council reconvened at 2:45 P. M., with all Councilmen present. APPOINTMENT On Motion of Councilman Markel, MUSEUM BOARD seconded by Councilman Herrin and unanimously carried, James Faulkner was appointed to the Bowers Museum Board, replacing William A. Lowe, for the unexpired term ending June 30, 1972. PROJECT 7017 On motion of Councilman Herrin, FIRE DEPARTMENT seconded by Councilman Yamamoto ROOFING and unanimously carried, Council ordered filed report of bids received for Project 7017, Construct Replacement Roofing for Fire Department Headquarters Building; awarded contract to the low bidder, Lister Roofing; and rejected all other bids. (This motion was later reconsidered.) CITY COUNCIL -309- November 2, 1970 Council considered the following Bid Awards and B id Calls: PROJECT 6035 - Construction of Concrete Tennis Court and All-Purpose Court in Sandpointe Park. 3. SPEC. 641-205 - One Air Compressor 125 CFM. 4. SPEC. 641-208 - One Cab & Chassis, 24,000 GVW, Cab to Axle 102". 5. SPEC. 641-209 - One Cab and Chassis, 24,000 GVW, Cab to Axle 122". SPEC. 641-210 - 3 Cabs & Chassis, 20,000 GVW (2 Cab to Axle 85", I Cab to Axle 96"). 7. SPEC. 641-211 - One 1 1/2 Ton Truck & Cab, 15,000 GVW. SPEC. 641-212 - Two 3/4 Ton Pickup Trucks, 7,500 GVW (1 with Standard Transmission, 1 with Automatic Transmission). 9. SPEC. 641-213 - One 1/2 Ton Pickup Truck. 10. SPEC. 641-215 - Demolish various improvements on W. First Street as approved by Council on September 21. 11. Request approval of plans and specifications and authority to advertise for bids for the following: (a) Project 7018 - Furnish and install automatic garage door at Police Facility Building, opening November 30. (b) Project 7019 - Replacement of gas fired hot water boiler in Fire Department Headquarters Building, opening November 30. (c) Spec. 641-216 - Office Furniture (various departments), opening November 30. Since a presentation by the Chamber of Commerce regarding Ordinance NS-1042 (utility user tax) was scheduled for the last item on the after- noon Agenda, it was moved by Councilman Patterson, seconded by Councilman Villa, to defer the remainder of the bid awards (Agenda Items 2 through 10) and the bid calls (Agenda Items ll (a), ll (b) and ll (c)) to the last item on the afternoon Agenda. The motion passed on the following roll call vote: AYES: NOES: ABSENT: Herrin, Patterson, Villa, Yamamoto, Evans, Markel None Griset CITY COUNCIL -310 - November 2, 1970 On motion of Councilman Patterson, seconded by Councilman Villa, Council moved fo reconsider award of contract for Project 7017 (Agenda Item 1), on the following roll call vote: AYES: NOES: ABSENT: Herrin, Patterson, Villa, Yamamoto, Griset Evans, Markel None It was then moved by Councilman Patterson, seconded by Councilman Villa, that Project 7017 (Agenda Item 1) be considered at the end of the afternoon Agenda prior to Agenda Items 2 through 11. The motion passed on the following roll call vote: AYES: NOES: ABSENT: Herrin, Patterson, Villa, Yamamoto, Evans, Markel None Griset READING WAIVED On motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried, the full reading of ordinances and resolutions, the titles of which appeared on the public Agenda, was waived. ORD. NS-1041 - STREET ORDINANCE NS-1041 AMENDING THE DEDICATION AND SANTA ANA MUNICIPAL CODE BY IMPROVEMENT ADDING SECTION 33-47 RELATING TO THE DEDICATION AND IMPROVEMENT OF CITY STREETS was adopted, on motion of Councilman Herrin, seconded by Councilman Patterson, on the following roll call vote: AYES: Herrin, Evans, Griset NOES: None ABSENT: None Markel, Patterson, Villa, Yamamoto, ORD. NS-1046 -A. A. 672 ORDINANCE NS-1046 CHANGING DISTRICT NATIONAL LAND CLASSIFICATION ON AMENDMENT DEVELOPMENT CO. APPLICATION 672 FILED BY NAZI ONAL LAND DEVELOPMENT COMPANY AND AMENDING SECTIONAL DISTRICT MAP 6-5-9 (EXHIBIT AA 672 A) (south- west corner of Fairhaven and Grand) was adopted, on motion of Councilman Evans, seconded by Councilman Markel, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset None None CITY COUNCIL -311- November 2, 1970 ORD. NS-1034 - A.A. 673 ORDINANCE NS-1034 CHANGING DISTRICT NELSON CLASSIFICATION ON AMENDMENT APPLICATION 673 FILED BY NATHAN K. NELSON AND AMENDING SECTIONAL DISTRICT MAP 9-5-10 (EXHIBIT AA 673B) (north side of Hazard approximately 215' west of Harbor) was passed to second reading, on motion of Councilman Herrin, seconded by Councilman Patterson, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Patterson, Markel, Yamamoto None Villa, Griset RES. 70-106 - VA 70-29 RESOLUTION 70-106 OVERRULING THE NEEB DECISION OF THE PLANNING COMMISSION AND DENYING A VARIANCE ON VARIANCE APPLICATION 70-29 FILED BY ARTHUR E. NEEB was adopted, on motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried. RES. 70~101 - VACATION It was moved by Councilman Patterson, PORTION OF McFADDEN seconded by Councilman Evans and unanimously carried, to waive full reading and consider by title only Resolution 70-101. RESOLUTION 70-101 APPROVING MAP AND DECLARING INTENTION TO VACATE A PORTION OF McFADDEN AVENUE WEST OF VILLAGE WAY (setting hearing for December 7, 1970) was adopted, on motion of Council- man Patterson, seconded by Councilman Evans and unanimously carried. SANTIAGO CREEK CHANNEL On motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried, Council authorized execution by the Mayor and Clerk of Permit to Orange County Flood Control District for ingress and egress to Santiago Creek Channel. BUS SYSTEM STUDY Proposed Agreement with Allen M. Voorhees & Associates, Inc. for a study of the local bus sysiem was deferred to the next Council meeting on motion of Councilman Patterson, seconded by Councilman Evans and unanimously carried. RES. 70-107 - CITY HALL It was moved by Councilman Patterson, LEASE AMENDMENT seconded by Councilman Villa, to waive full reading and consider by title only Resolution 70-107. The motion passed on the following roll call vote: AYES: Herrin, Evans, Markel, Griset NOES: None ABSENT: None Patte~'sou, Villa, CITY COUNCIL -312 - November 2, 1970 RESOLUTION 70-107, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, APPROVING AS TO FORM A CERTAIN AMENDMENT TO SANTA ANA CITY HALL LEASE was adopted, on motion of Councilman Patterson, seconded by Councilman Villa, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Patterson, Villa, Yamamoto, Griset Markel None RESIGNATION On motion of Councilman Villa, seconded by Councilman Markel and unanimously carried, Council accepted with regret the resignation of Wyatt J. Frieson from the Planning Commission and the Clerk was directed to send a letter of appreciation to Mr. Frieson. LONG BEACH ~E~LU~ON~ On motion of Councilman Herrin, seconded by Councilman Yamamoto and unanimously carried, Council referred to staff for a recommendation the City of Long Beach resolution regarding utilization of surplus military aircraft in fighting forest fires. Councilman Markel remarked that this Resolution should have been presented to the League of California Cities Conference held in San Diego last week. RECESS At 3:20 P. M., a five minute recess was declared. The Council reconvened at 3:25 P. M., with all Council members present. ALCOHOLIC BEVERAGE On motion of Councilman Herrin, seconded LICENSE APPLICATIONS by Councilman Patterson and unanimously carried, the City Attorney was directed to file a protest with the Alcoholic Beverage Control Board on the application for Honey Bee, 1411 E. First, New Manager Application, and the following Applications were ordered filed: Viviano's Villa, 3601 W. 1st, New On Sale General; Santa Ana Blvd. Liquor, 1307 W. Santa Ana Blvd., New Off Sale General; Chuck's Market, 419-21 N. Euclid, Off Sale Beer & Wine, Person Transfer; San Francisco Lounge, 811 N. Broadway, Off Sale General, Person & Premises Transfer; Mascola's Restaurant, 1615 E. 17th, On Sale General, Stock Transfer; Anthony's Spaghetti House,-4nc., 605 S. Harbor, On Sale Beer & Wine, Person Transfer; J. Mathews Vintners, 1640 E. Edinger, New Off Sale Beer & Wine. CITY COUNCIL -313 - November 2, 1970 SOLICITATION APPLICATIONS On motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried, the following Solicitation Applications were approved,' March of Dimes, annual drive, January 1 - 31, 1970. Post 760 & Auxiliary - Jewish War Veterans, Poppy sale, November 4 - 11, 1970. ALSAC, annual drive, door-to-door, November 14-21, 1970. Orange County Epilepsy Society, annual drive, November 1 - 30, 1970. PUBLIC PROPERTY USE On motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried, Council approved the Application for Special License to Use Public Property, Santa Ana Junior Chamber of Commerce, Christmas Parade, December 12, 1970, h00 P.M. 4:00 P. M. PUBLIC PROPERTY USE It was moved by Councilman Herrin, seconded by Councilman Evans to deny the Application for Special License to Use Public Property, Southwestern Broadcasting Corp., KYMS Radio, for use of the Santa Aha Stadium, 10:00 A.M. - 6:00 P. M., date not known, for musical entertainment: "Battle of the Bands". The motion passed on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Villa, Yamamoto, Griset Patterson None EXPLORER POST BOXING On motion of Councilman Patterson, seconded by Councilman Villa and unanimously carried, the letter dated October 27, 1970 from Kenneth W. Hickenbot, tom, Scout Executive, Boy Scouts of America, requesting use of City-owned building at 1729 West First Street for Rotary Club sponsored boxing activity for an Explorer post, was referred to staff. TRAFFIC on motion of Councilman Herrin, unanimously carried. The report of control devices removed or installed October 12, 1970 through October 26, 1970 was ordered filed, seconded by Councilman Patterson and CITY COUNCIL -314- November 2, 1970 VARIANCE AND On motion of Councilman Patterson, CONDITIONAL USE seconded by Councilman Villa and PERMIT unanimously carried, Council adopted the findings of fact, conclusions and decisions of the Planning Commission or Zoning Administrator as action of the City Council on the following: VA 70-53, BULLOCK'S REALTY CORP. - construct 57' high, on-premise advertising sign adjacent to Santa Aha Freeway in C 2 District at 2850 N. Main Street - APPROVED to construct two 35' signs, one adjacent to the Garden Grove Freeway, the other adjacent to the Santa Aha Freeway. VA 70-56, HAROLD T. SEGERSTROM, ET AL - construct a 390 unit garden apartment development in the M 1 District at 2750 Segerstrom Avenue - APPROVED. It was moved by Councilman Patterson, seconded by C'ounoilman Evans to adopt the finding of fact, conclusion and decision of the Planning Commission or Zoning Administrator as action of the City Council on the following: VA 70-55, V.R. OLTMANNS - construct a 100 unit garden apartment development in the A 1 District at 3930 W. Fifth Street - APPROVED. The motion passed on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Patterson, Villa, Yamamoto, Griset Markel None PUBLIC PROPERTY USE Council considered the Application for Special License to Use Public Property filed by Harvesters Church of God In Christ, for open air preaching on Saturdas~, 10:00 A.M. - 1:00 P. M., 2:00 - 5:00 P.M., at Mayfair Parking lot at 2030 West First, at Fourth and Bristol Streets, and in City parks. The City Attorney expressed his opinion that the application was much too broad and too general in its terms; that granting would, in effect, give applicant permission to conduct church in the City parks; that the Mayfair parking lots were not public property; and that he would recommend denial. He explained that the applicant could modify the application and submit again. On motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried, the application was denied, and the City Attorney was directed to explain to the applicant the basis for the denial. CITY COUNCIL -315 - November 2, 1970 ASSESSMENT DISTRICT 236 A letter dated October 26, 1970 from Moulder Bros. Contractors, requesting reimbursement for damages, Assessment District No. 236, was referredto staff for report back at the next Council meeting, on motion of Councilman Villa, seconded by Councilman Patterson and unanimously carried. RECESS pre sent. At 3:47 P.M., a five minute recess was declared. The Council reconvened at 3:53 P. M., with all Council members PARCEL MAP 674 Parcel Map 674, filed by Jesse Ojeda, creating three (3) C 5 parcels and one (1) R 4 parcel on the south side of Seventeenth Street, 196 feet west of Mabury Street, was approved subject to aonditions in Planning Director's report dated October 27, 1970 and alley requirement was waived, on motion of Councilman Herrin, seconded by Councilman Evans and unanimously carried. PARCEL MAP 677 Parcel Map 677, filed by R. D. Kalayjian, creating four (4) M 1 parcels on the north side of St. Gertrude Place, 524 feet east of Grand Avenue, was approved subject to conditions in Planning Director's report dated October 26, 1970, on motion of Councilman Herrin, seconded by Councilman Evans and unanimously carried. PARCEL MAP 678 Parcel Map 678, filed by Thoner & Birmingham, creating two (2) R 4 parcels on the south side of MacArthur Blvd., approximately 300 feet east of Bristol Street, was approved subject to conditions in Planning Director's report dated October 26, 1970 and alley requirement was waived, on motion of Councilman Herrin, seconded by Councilman Evans and unanimously carried. PARCEL MAP 680 Parcel Map 680, filed by M.P.G. Ranch, creating two (2) M 1 parcels on the east side of Lyon Street, 360 feet north of Maywood Street, was approved subject to conditions in Planning Director's report dated October 26, 1970, on motion of Councilman Herrin, seconded by Councilman Evans and unanimously carried. CITY COUNCIL '316 - November 2, 1970 DEEDS WITH CAS H It was moved by Councilman Patterson, GRANTEE, CITY seconded by Councilman Herrin, to approve the following deeds and authorize execution of the escrows by the Mayor: Young, north side of First, west side of Pacific, street purposes. Falcon, north side of First, east of Townsend, street purposes. Esparza, north side of First, west of Western, street purposes. Castillo, north side of First, east of Raitt, street purposes. The motion passed on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Patterson, Villa, Yamamoto, Griset Markel None DEEDS, NO CASH The Report of No-Cash Deeds accepted GRANTEE, CITY by the City Manager, pursuant to Resolu- tion No. 69-156, from October 15, 1970 through October 18, 1970, was ordered filed, on motion of Councilman Patterson, seconded by Councilman Herrin and unanimously carried. AGENDA ORDER On motion of Councilman Herrin, seconded by Councilman Yamamoto and unanimously carried, Agenda Item No. 56 regarding proposed City of Irvine, was deferred until after the utility user tax discussion. R.C. HOILES On motion of Councilman Markel, MEMORY HONORED seconded by Councilman Herrin and unanimously carried, the memory of Mr. R. C. Hoiles was honored by the City Council with a moment of silent prayer. Councilman Markel also offered a spoken prayer. CITY COUNCIL -317 - November 2, 1970 UTILITY USER TAX Bryn Evans, President of the Santa Ana Chamber of Commerce, stated that the Chamber's position had not changed in supporting the utility user tax for a temporary period if a long term method of financing capital 'improvements were immediately developed; however, it was their feeling that this matter had divided the Council, the citizens and the community; that in order to have a successful bond issue, unity was essential and that the only way to achieve unity would be for the Council to repeal Ordinance NS-1042 providing for the utility user tax. Mr. Evans further stated that the Chamber of Commerce had determined that repeal of the ordinance would be in the best interests of Santa Anain promoting harmony and support for a bond issue and that the Chamber had authorized him to appear at this meeting to request that the City Council repeal the ordinance, and to assure the Council of Chamber support of a bond issue. A motion was made by Councilman Yamamoto, seconded by Councilman Patterson, to repeal Ordinance NS-t042. Councilman Villa stated for the record that he felt it was a sad state of affairs when the Council took one position and then changed over to another, that Council was losing faith, not only with the people but with themselves; that if arguments were submitted that the City did not need the money now, that would be fine. He stated he was convinced a bond issue would not pass and that if the arguments were weighed one against another for a bond issue or a 5% utility user tax, he felt the utility tax would be more advantageous. Councilman Villa quoted from a League of California Cities pamphlet that close to 40 charter cities presently are imposing a tax on consumption of utility services. He stated that many commitments had been made based on the fact that the utility user tax ordinance was adopted; that now Council would have to go back and cut projects out - first, parks, then the helicopter service which was requested by the Police Chief, knowing full well the concept of this program in the fast growing crime rate in this county. Councilman Villa stated that it is a proven fact that the helicopter program does displace the criminal element to areas where aerial observation is not used, and that to provide the same protection for our citizens as our neighboring cities have, we must provide the same service and equipment. He explained that when the Police budget was prepared, the Police Chief was informed that if his staff received the helicopter program, no additional personnel could be added to his staff, and that if the helicopter program had not been requested, there would have been a request for 18 or 19 additional personnel in the Police Department in its place. Councilman Villa further stated that if the utility tax ordinance is repealed and funds are not available for the helicopter program, it will put us behind our neighboring cities and the Police Chief will receive neither the helicopter program nor the additional needed manpower. He explained that this was only one ftem in the unfunded list of capital improvements. He asked if Council had considered the consequences and requested that Council reconsider the proposed repeal. Mr. Villa stated that Council is losing faith with the people and is going to lose faith with its beliefs, too. CITY COUNCIL -318 - November 2. 1970 Councilman Yamamoto explained his stand. He stated that the people he had talked with realized the City needed money and they were for the utility tax when he explained it to them; that recently he has explained the bond issue to them and the people he talked with were in favor of it. He explained that he was not backing down from his original position, but that just as the Chamber of Commerce had changed, he was also because the people he has talked with want it. Councilman Evans stated he would strongly support the motion to repeal Ordinance NS-1042. Councilman Patterson stated he felt Council should focus on the future of Santa Ana and the capital improvements that would be needed over the next ten years, which would not be obtained through the utility tax or the property tax; and that he felt the bond issue would be the best way to go, that it would be the only way to provide all of the needs and services of the City. Councilman Patterson stated that if anything had been achieved with the adoption of the utility user tax, it has been communication with the people and that they see what the City is faced with; that he felt the community had been brought together and that Council would have the support of all of the organizations for a bond issue; and that he was reconsidering his position in regard to the utility user tax. Councilman PIerrin expressed admiration for the position the Chamber of Commerce had taken; and he also felt there had been a real pulse of the community reflected and demonstrated in regard to the utility tax. He expressed confidence that the people of the community would vote intelligently. Councilman Villa said he would stick to his guns, he would compromise anything, but would not compromise principle. He stated the City would have an unbalanced budget, that many items already in the budget would be cut back, and that the Council would be putting the City in jeopardy by repealing the utility tax. Gary Wood, 1413 E. Keegan Way, Vice President of the Board of Realtors, endorsed the comments made by the Chamber of Commerce and stated that the Board of Realtors would work with the Council in passing a bond issue. It was moved by Councilman Patterson, seconded by Councilman Herrin and unanimously carried, to waive full reading and consider by title only Ordinance NS-1048. ORDINANCE NS-1048 REPEALING ORDINANCE NS-1042 PROVIDING FOR UTILITY USER TAX was adopted as an urgency ordinance, on motion of Councilman Herrin, seconded by Councilman Patterson, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Patterson, Yamamoto, Griset Villa None CITY COUNCIL -319- November 2, 1970 Janice Boer stated that in view of the action just taken, she would not continue to circulate her initiative petition. RECESS Council members present. At 4:40 P. M., a five minute recess was declared. The Council reconvened at 4:45 P. M., with all UTILITY USER TAX (continued) ORDINANCE NS-1048 REPEALING ORDINANCE NS-1042 PROVIDING FOR UTILITY USER TAX was passed to second reading, on motion of Council- man Patterson, seconded by Councilman Herrin. Councilman Villa voted "No". Councilman Patterson stated that Council had originally wanted to set a bond issue election at the earliest possible time, but the immediacy is not there to call a special election, so he would officially place the Council's position on record by the following motion: On motion of Councilman Patterson, seconded by Councilman Yamamoto, the Mayor was directed to appoint a blue ribbon committee, that such committee review the capital improvements needs of the City and recommend to the City Council items to be included in a bond issue; and that the bond issue election be held in conjunction with the General Municipal Election on April 6, 1971. The motion passed on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Patterson, Yamamoto, Griset Markel, Villa None Preceding the vote on the above motion, Councilman Markel stated that he had never, at any time during all of the discussions on the utility tax, had in mind making a compromise with anyone to eliminate this tax or go into a bond issue as a substitute for it; and that he was not in favor of the utility user tax and never had been. BID AWARD AND On motion of Councilman Patterson, BID CALLS seconded by Councilman Yamamoto and unanimously carried, action on Agenda Items 1 through 11 (Bid Awards and Bid Callsl was deferred to the next Council meeting and if this is unacceptable to any of the bidders, it was directed that their bids b e rejected. CITY COUNCIL -320- November 2, 1970 PROPOSED CITY OF IRVINE Council authorized consideration of the employment of a Planning Consultant to study the impact of the Irvine plan on the City of Santa Aha, on motion of Councilman Patterson, seconded by Councilman Villa, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Patterson, Markel None Villa, Yamamoto, Griset STREET ENCROACHMENT The request by Mr. Jillson, of the PERMIT South Main Improvement Association, for a street encroachment to allow for the suspension of a Christmas decoration across the public right of way, east to west, in the vicinity of 1438 South Main Street during the Christmas holiday season was approved, on motion of Councilman Evans, seconded by Councilman Herrin and unanimously carried. PETITION Mrs. Wilma Potter, 428 West First Street, presented a petition containing approximately 19 signatures, requesting the retention of the on-street parking along Ross Street. The petition was referred to staff for a report and recommendation, on motion of the Councilman Evans, seconded by Councilman Herrin and unanimously carried. RECESS At 5:30 P. M., the meeting was recessed to 7:30 P. M., at which time it was reconvened with all Council members present. Following the Plege of Allegiance to the Flag, the Invocation was delivered by the Reverend Gerald Bash of the First Christian Church. BOWERS MUSEUM BOARD Mayor Griset introduced James Faulkner, APPOINTMENT appointed to the Bowers Museum Board at the afternoon meeting. Mr. Faulkner came forward and was given the Oath of Office by the Clerk of the Council. PUBLIC HEARING AMENDMENT APPLICATIONS 664, 665, 668, 662, 663, 666, 667, 669 (AGENDA NOS. 70 THROUGH 77) would enable the applicant to make a under consideration as well as those Mayor Griset explained that with the consent of the Council and the applicant, it would be in order to combine Amend- ment Applications 662-669. inclusive, into one general hearing due to the fact that they were inter-dependent; that this general presentation on the overall area persons interested in the proposed CITY COUNCIL -321- November 2, 1970 development; and that following this, each individual application could be taken under advisement, at which time an opportunity for testimony on an individual basis would be granted. This procedure was agree- able to Council and applicant. The public hearing was opened on the following Amendment Applications: AMENDMENT APPLICATION 664 - Filed by O. K. Earl Corporation, proposing amendment of Sectional District Map 8-5-9, by rezoning from the R 1 District to the LP District property located on the west side of Tustin Avenue between Seventeenth and Fruit Streets. AMENDMENT APPLICATION 665 - Filed by O. If. Earl Corporation, proposing amendment of Sectional District Map 8-5-9 by rezoning from the R 1 District to the LP and C 5 Districts property located on the west side of Tustin Avenue between Fruit and Fourth Streets. AMENDMENT APPLICATION 668 - Filed by O. K. Earl Corporation, proposing amendment of Sectional District Map 8-5-9 by rezoning from the R 1 District to the LP and C 5 Districts property located on the north side of First Street between Tustin Avenue and the Santa Ana Freeway. AMENDMENT APPLICATION 662 - Filed by O. K. Earl Corporation, proposing amendment of Sectional District Map 8-5-9, by rezoning from the R 1 District to the R 4 District property located on the east side of Mabury Street between Seventeenth and Fruit Streets. AMENDMENT APPLICATION 663 - Filed by O. K. Earl Corporation, proposing amendment of Sectional District Map 8-5-9, by rezoning from the R 1 District to the R 4 District property located on the north side of Fruit Street between Tustin Avenue and Mabury Street. AMENDMENT APPLICATION 666 - Filed by O. K. Earl Corporation, proposing amendment of Sectional District Map 8-5-9, by rezoning from the lq 1 District to the R 4 District property located on the south side of Fruit Street between Tustin Avenue and Sherry Lane. AMENDMENT APPLICATION 667 - Filed by O. K. Earl Corporation, proposing amendment of Sectional District Map 8-5-9, by rezoning from the R 1 District to the C 5 and R 1 B Districts property located on the north side of Fourth Street between Golden Circle Drive and the Santa Ana Freeway. CITY COUNCIL -322- November 2, 1970 AMENDMENT APPLICATION 669 - Filed by O. K. Earl Corporation, proposing amendment of Sectional District Map 8-5-9, by rezoning from the R 1 District to the C 5 and R 1 B Districts property located on the south side of Seventeenth Street between Mabury Street and willi~ims Street. Proponents speaking in favor: Orrin K. Earl, representing the O. K. Earl Corporation, applicant, explained that these applications were for general development of the Mabury Orchards in east Santa Aha; the area proposed to be developed is between Mabury and Tustin Avenue and between First and Seventeenth Streets. H. Randall Stoke, representing the O. I~. Earl Corporation, explained that their studies had included traffic, engineering, landscaping and economic studies, as well as design; that this was an integrated plan for the last undevel<)ped ', large parcel of land in east Santa Aha; that within the plan they had tried to provide a variety of land uses which are consistent with the surrounding property. Pie urged approval of the Amendment Applications, stating the developer concurred basically with the Planning Department recommendations. Ron Izumita, representing POD Landscape ArchitectS j, presented slide projections of the master plan and the concept of the proposed development. William S. Lund, Executive Vice President, Economic Research Associates, stated that in undertaking the project they had tried to be very much aware of the surrounding land uses and the socio- economic and physical factors; that subject property was unique, lying between two freeways and surrounded by four arterial highways, and adjacent to single family residences, commercial, offices and apartments; that they had tried to focus on those uses for which there would be a long term demand. Mr. Lund explained they felt that the garden apartment complex, together with low rise offices and supplemental shopping, would provide an integrated program of land uses that would be consistent with past development trends now and in the future. He stated that a survey of the school enrollment in the area and an area school district study had shown there would not be a requirement for additional school facitities. Mr. Lund also pointed out the advantages to the City in increased revenue from taxes. Mr. Lund summarized his presentation by stating the developer felt that based on the changing life style and changing density and also because of the geographic location of the property, there is a strong demand for a predominance of garden apartments. CITY COUNCIL -323 - November 2, 1970 Mr. Stoke spoke again, explaining that they planned to provide recreational amenities for the residents and that the Mabury Company would dedicate a five-acre park to the City, subsequent to a determination by staff and the property owner as to what exact location would best serve the needs of the area, in conjunction with the adoption of the re-zoning ordinances, contingent upon the postponement of its development as a park until the commencement of the development of the Mabury orchards. He also stressed that an important element of the plan would be a new street, Sherry Boulevard, the dedication of which has been offered by David Shane, et al and the Mabury Company, to be developed to a width of 80 feet with a parkway median. He stated that the density of the proposed development would be less than 10 units per acre, a low range density on the City's Master Plan. Mr. Stoke explained that this would be a 5 to 10 year project and that it would mean much to the City in construction work, jobs, payrolls and sales tax. In response to Councilman Patterson's inquiry regarding the 100-foot buffer area to be zoned R 1 along the north side of Fruit Street and east side of Mabury Street, Mr. Stoke explained that there would be parking within this area with a landscaped screening berm and that they would be applying for variances to allow this use. RECESS all Council members present. At 8:48 P.M., a five minute recess was declared. The Council reconvenedat 8:55 P.M., with O.K. EARL AMENDMENT APPLICATIONS (Continued) Proponents speaking in favor: Donald Christeson, 1441 East 17th Street, on behalf of the Santa Ana Chamber of Commerce, and as a Trustee of the Santa Ana Community Hospital. Dave Hook, 2021 East 4th Street. Opponents speaking against: Eric Lassen, 14152 Windsor Place, on behalf of the Citizens for Fair Zoning, representing property owners in the area bounded by Grand, Tustin, Fourth, and the Santa Ana Freeway, referred Council to a booklet previously forwarded to them entitled "Santa Aha is a Nice Place to Visit But You Wouldn't Want to Live There". He stated that the people now living in the area wish to preserve their neighborhood and their homes; that CITY COUNCIL -324- November 2~ 1970 in the vast majority of the proposals, there is no disagreement between the O. K. Earl Company and the area residents; and that their main opposition is focused on Amendment Applications 662 and 663, requesting a change of zone from R 1 to R 4. Carl Schwarz, 702 Mabury, representing Mabury Home Owners Association, who filed a petition containing approximately 682 signatures of home owners in the area of the proposed development, supporting the recommendations of the Planning Commission, including the denials of Amendment Applications 662 and 663 and Specific Plan for Street Alignment No. 39. The petition also contended that such changes would violate the integrity of what is predominately single-family "core" area, would bring a huge congestion of people, automobiles, and multiple-story buildings into an already crowded and smog-ridden area, and would leave much to be desired from a purely long-range planning standpoint considering that Mabury Ranch is one of the last great "open spaces" left in the city. The petition was ordered filed, on motion of Councilman Herrin, seconded by Councilman Patterson and uananimously carried. Thomas Hall, 18118 East Fourth Street, Tustin, owner and developer of property in the area, specifically opposed to Amendment Application 667. Conrad Petersen, 1125 N. Concord, member of Citizens for Fair Zoning. Brooks Hoar, 1609 E. Washington, member of Citizens for Fair Zoning. Mrs. Thomas Kearney, 901 N. Mirasol. David Schooling, 1542 E. Stafford. Mrs. Robert Huish, 1002 N. Mirasol~ Leona Gable, 913 Dayna; Bernard Marshall, 1001 N. Concord. The hearing was closed. RECESS pre sent. At 10:47 P. M., a five minute recess was declared. The Council reconvened at 11:00 P.M., with all Council members CITY COUNCIL -325- November 2, 1970 AMENDMENT APPLICATION 664 - Amendment Application 664 was approved and the City Attorney was instructed to prepare an ordinance to reclassify the property according to Exhibit A (from R 1 to LP), on motion of Councilman Herrin, seconded by Councilman Patterson, on the following roll call vote: AYES: Herrin, Evans, Markel, Patterson, Villa, : Yamamoto, Griset NOES: : None ABSENT: None AMENDMENT APPLICATION 665 - Amendment Application 665 was approved and the City Attorney was instructed to prepare an ordinance to reclassify the property according to Exhibit B (from R 1 to LP), with the added modification of the north-south street, on motion of Council- man Patterson, seconded by Councilman Villa, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset None None AMENDMENT APPLICATION 668 - Amendment Application 668 was approved and the City Attorney was instructed to prepare an ordinance to reclassify the property according to Exhibit A (from R 1 to LP and C 5), on motion of Councilman Patterson, seconded by Councilman Yamamoto, on the following roll call vote: AYES: NOES: ABSENT: tterrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset None None AMENDMENT APPLICATION 662 - After discussion by Council of Amendment Application 662, recommended for denial by the Planning Commission, it was moved by Councilman Markel, seconded by Council- man Patterson, to deny Amendment Application 662. Further discussion ensued regarding the offer of the proposed 5 acre park and the 100 foot R 1 buffer zone around subject area. The motion to deny Amendment Application 662 failed to pass on the following roll call vote: AYES: NOES: ABSENT: Markel, Patterson I-Ierrin, Evans, Villa, Yamamoto0 Griset None CITY COUNCIL -326 - November 2, 1970 Amendment Application 662 was approved and the City Attorney was instructed to prepare an ordinance to reclassify the property according to Exhibit B witk the iR 1 buffer zone (from R 1 to 1~ 4), on motion of Councilman Villa, seconded by Councilman Herrin, on the following roll call vote: AYES: Herrin, Evans, Villa, Yamamoto, Griset NOES: Markel, Patterson ABSENT: None AMENDMENT APPLICATION 663 - Amendment Application 663 was approved and the City Attorney was instructed to prepare an ordinance to reclassify the property according to Exhibit B with the R 1 buffer zone (from R 1 to R 4), on motion of Councilman Villa, seconded by Councilman Yamamoto, on the following roll call vote: AYES: Herrin, Evans, Patterson, Villa, Yamamoto, Griset NOES: Markel ABSENT: None AMENDMENT APPLICATION 666 - Amendment Application 666 was approved and the City Attorney was instructed to prepare an ordinance to reclassify the property according to Exhibit B (from R 1 to R 4 with buffer strip), on motion of Councilman Yamamoto, seconded by Councilman Patterson, on the following roll call vote: AYES: Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset NOES: None ABSENT: None AMENDMENT APPLICATION 667 - Amendment Application 667 was approved and the City Attorney was instructed to prepare an ordinance to reclassify the property according to Exhibit C (from R 1 to LP withbuffer strip), on motion of Councilman Villa, seconded by Councilman Evans, on the following roll call vote: AYES: IIerrin~ Evans, Markel, Patterson, Villa, Yamamoto, Griset NOES: None ABSENT: None AMENDMENT APPLICATION 669 - Amendment Application 669 was approved and the City Attorney was instructed to prepare an ordinance to reclassify the property according to Exhibit B (from R 1 to C 5 and R 1 B, ~vith R 1 buffer strip), on motion of Councilman Patterson, seconded by Councilman Villa, on the following roll call vote: AYES: Herrin, NOES: None ABSENT: None Evans, Markel, Patterson, Villa, Yamamoto, Griset CITY COUNCIL -327- November 2, 1970 PUBLIC HEARING The public hearing was opened on S.P.S.A. NO. 39 S.P.S.A. No. 39to consider establishing a specific street alignment for Sherry Boulevard from Fourth Street to Seventeenth Street, a distance of 4, 512 feet. H.R. Stoke, representing the O.K. Earl Corporation, spoke in favor of the street alignment, explaining that it was an essential part of their overall project. Carl Schwarz expressed concern about foot access to the park for the children in the area and suggested that Fruit Street and Sixth Street be widened; that possibly an under-ramp or over-ramp cound be put in for Sherry Boulevard; and that Mabury be cul de saced. Mrs. Thomas Kearney and Mrs. Robert Huish also expressed concern regarding the children crossing the heavily traveled streets. The Public Works Director explained that his department would probably support the cul de sac; that studies would be made regarding the manner in which it would relate to future design of the Santa Aha Freeway; and that traffic signals would be put in at Seventeenth and Sherry and, when the need arises, at Fruit and Sherry. The hearing was closed. Specific Plan for Street Alignment No. 39 was referred to the Planning Commission for a report back to Council, on motion of Councilman Herrin, seconded by Councilman Villa, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset None None PUBLIC HEARING Hearing was opened on Amendment AMENDMENT APPLICATION 674 Application ~74, filed by Harold T. SEGERSTROM Segerstrom, Et Al, proposing amendment of Sectional District Map 27-5-10, by rezoning from the M 1 District to the R 4 District property located on the south side of Segerstrom Avenue between Fairview Street and Greenville Street. Ted Atkins, Planning Development Coordinator for applicant, and Jim Myers, with Levitt & Sons of Calii'ornla, were present and offered to answer any questions Council might have on the application. No one spoke in opposition. The hearing was closed. Amendment Application 674 was approved and the City Attmrney ~s instructed to prepare an ordinance to reclassify the property according to Exhibit A, on motion of CouncilmanHerrin, seconded by Councilman Markel, on the following roll call vote: AYES: Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset NOES: None ABSENT: None CITY COUNCIL -328- November 2, 1970 PUBLIC HEARING Hearing was opened on Amendment AMENDMENT APPLICATION 675 Application 675, filed by Harold SEGERSTROM T. Segerstrom, Et Al, proposing amendment of Sectional District Map 27-5-10, by rezoning from the R 1 District to the R 4 and C 1 Districts, and the C 1 District to the R 4 District property located on the south side of Warner Avenue between Fairview Street and Greenville Street. There being no response to the call for testimony, the hearing was closed. Amendment Application 675 was approved and the City Attorney was instructed to prepare an ordinance to reclassify the property according to Exhibit A, on motion of Councilman Herrin, seconded by Councilman Markel, on the following roll call vote: AYES: Herrin, Evans, Markel, NOE S: None ABSENT: None Patterson, Villa, Yamamoto, Griset RECESS members present. At 12:15 A. M., a five minute recess was declared. The Council reconvened at 12:23 A.M., with all Council ORD. NS-1047 OBNOXIOUS CONDUCT CERTAIN OBNOXIOUS CONDUCT. It was moved by Councilman Evans, seconded by Councilman Markel, to adopt ORDINANCE NS-1047 PROHIBITING The following persons spoke in support of the adoption of the subject ordinance: Dick I~aumann, 10171 Cunningham, Westminster; Robert Scott, 910 N. Westwood; Glen MacFarland, 522 E. Chestnut; Ken Neilson, Westminster; Anthony Nieto, 10692 Kern, Garden Grove; Catherine Swanson, Huntington Beach; Rita Neilson, We stminste r. Councilman Patterson explained that he believed the ordinance is unconstitutional and unenforceable, and that he would have to vote against it. The motion to adopt ORDINANCE NS-1047 PROHIBITING CERTAIN OBNOXIOUS CONDUCT passed on the following roll call vote: AYES: Herrin, Evans, NOES: Patterson ABSENT: None Markel, Villa, Yamamoto, Griset HUMAN RELATIONS COMMISSION The Reverend Galal Gough, Chairman RESOLUTION 70-4 of the Human Relations Commission, and Mrs. Pat McGuigan, Chairman of the Hunger Sub-Committee, requested Council endorsement for Human Relations Commission Resolution 70-4 On Support Of Voluntarism And Humanitarian Service Through The Community Chest. James Shelton presented slide projections of the work being done by the Community Chest. CITY COUNCIL -329- November 2, 1970 HUMAN RELATIONS COMMISSION RESOLUTION 70-4 - (Continued) On motion of Councilman Herrin, seconded by Councilman Villa and unanimously carried, Council endorsed Human Relations Commission Resolution 70-4; considered by title only, waived full reading, and adopted RESOLUTION 70-108 OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ON SUPPORT OF VOLUNTARISM AND HUMANITARIAN SERVICE THROUGH THE COMMUNITY CHEST. REIMBURSEMENTS approved the following reimbursements: On motion of Councilman Herrin, seconded by Councilman Villa and unanimously carried, Council P. R.C. Development, for improvements on west side of Flower from MacArthur to 1600 feet south, in the amount of $21, 832.33. United California Bank, for improvements on northeast corner of 17th and Greenleaf, in the amount of $8,417.84. BUDGET TRANSFERS On motion of Councilman Herrin, seconded by Councilman Yamamoto and unanimously carried, Council deferred to the next Council meeting the following Budget Transfers: From Fund 11-000-911 to 11-111-191, $9,000, appropriation for special transportation study. From Fund 51-324-631 to Fund 51-329-641, 4!, 400, to complete Fire Station #10, landscaping and furniture. MANPOWER TRAINING PROGRAM At the request of Bob Byron, Consultant, and staff member of Santa Ana Community College, Council approved the use on a temporary basis for 30 days of five offices in the Community Center Building for classroom facilities for a public service careers program for displaced aero space people in conjunction with the college, and authorized waiver of rental fee, on motion of Councilman Villa, seconded by Councilman Patterson and unanimously carried. ADJOURNMENT At 1:10 A. M., there being no further business to come before the City Council, on motion of Councilman Patterson, seconded by Councilman Herrin and unanimously carried, the meeting was adjourned to Thursday, November 5, 1970, at 4:00 P.M., in the Mayor's office, City Hall, 217 North Main Street, Santa Ana, California. Florence I. Malone Clerk oX the Council CITY COUNCIL -330 - November 2, 1970