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