Loading...
HomeMy WebLinkAbout01-18-1971MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA AHA, CALIFORNIA January 18, 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 Councilmen present: Wade Serrin, Vernon S. Evans, Jo Ogden Markel, Jerry M~ Patterson, Ray Villa, Harry K. Yamamoto, and Mayor Lorin Griset. Also present were City Manager Carl J~ Thornton, Assistant City Attorney James Withers, Director of Public Works Ronald Wolford, Director of Planning Herbert Wieland, and Clerk of the Council Florence I. Malone~ MINUTES The Minutes of the Special Meeting of January 8, 1971 and the Adjourned Special Meeting of January 11, 1971 were approved as submitted, on motion of Councilman Patterson, seconded by Councilman Evans, and unanimously carried, The Minutes of the Regular Meeting of January 4, 1971 were approved in the same motion with the following correction to the final paragraph on page 10: It was moved by Councilman Evans, seconded by Councilman Patterson and unanimously carried, to refer Section 101.2 of the City Charter to the City Attorney and City Manager to draft a policy recommendation for the Council's consider- ation which would, in the future, govern the staff in its procedure for realignment of the ward boundaries according to the Council's determination: (1) thafi ward boundaries shall not be realigned any more than is absolutely required to maintain a balance of registered voters such that there is not more than 10 percent deviation between the ward with the highest number of registered voters and the ward with the lowest number of registered voters. (2) that County precincts shall remain intact within a single ward; and (3) that, otherwise, wards shall not be realigned except as would be mandatory to fulfilling the requirements of (1) and (2). RECESS P, M~ , with all Council members present~ At 2:15 P. Mo, a five minute recess was declared. The Council reconvened at 2:20 CITY COUNCIL -16- January 18, 1971 SPEC. 641-216 On motion of Councilman Evans, OFFICE FURNITURE seconded by Councilman Yamamoto and unanimously carried, Council ordered filed report of bids received for Spec. 641-2i(i, Office Furniture, Various Departments; awarded contract to the low bidder on all except item 3, Bassett Office Furniture; awarded item 3 to United Business Interiors; and rejected all other bids. PROJECT 1321 Council ordered filed report of STREET CONSTRUCTION bids received for Project 1321, First Street widening from Baker Street to Birch Street; awarded contract to the low bidder, Sully-Miller Contracting Company, and rejected all other bids, on motion of Councilman Herrin, seconded by Councilman Patterson, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Patterson, Villa, Yamamoto, Griset Markel None BID CALLS On motion of Councilman Herrin, seconded by Councilman Pattersnn and unanimously carried, Council approved plans and specifications and authorized advertising for bids on the following: 1. Spec. 641-227, Two Solo Motorcycles, opening February 9, 1971. (Replacement) 2. Project 6037, Constrnct concrete block wall in Centennial Park, opening February 8, 1971. 3. Project 6038, Perform Grading in Westwood Park, opening February 8, 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-1062 - A.A. 677 ORDINANCE NS-1062 CHANGING FIRST WESTERN BANK & DISTRICT CLASSIFICATION ON TRUST CO. AMENDMENT APPLICATION 677 FILED BY FIRST WESTERN BANK & TRUST CO. AND AMENDING SECTIONAL DISTRICT MAP 36-5-10 (EXHIBIT A_A 677 A) was adopted, on motion of Councilman Evans, seconded by Councilman Patterson, on the following roll call vote: AYES: Herrin, NOES: None ABSENT: None Evans, Markel, Patterson, Villa, Yamamoto, Griset CITY COUNCIL -17- January 18, 1971 ORD. NS-1063 - A.A. 676 ORDINANCE NS-1063 CHANGING HOLTZ DISTRICT CLASSIFICATION ON AMENDMENT APPLICATION 676 FILED BY HENRY A. AND ELVERA A. HOLTZ AND AMENDING SECTIONAL DISTRICT MAP 5-5-9 (EXHIBIT AA 676 A) was adopted, on motion of Council- man Evans, seconded by Councilman Yamamoto, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset None None ORD. NS-1066 ORDINANCE NS-1066 PROVIDING GENERAL ELECTION FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION IN THE CITY OF SANTA ANA, CALIFORNIA, ON THE 6TH DAY OF APRIL, 1971.,~ FOR THE ELECTION OF FOUR MEMBERS OF THE CITY COUNCIL was passed to second reading, on motion of Councilman Herrin, seconded by Councilman Patterson, and unanimously carried. ORD. NS-1064 ORDINANCE NS-1064 A_MENDING PARKING MODIFICATION CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE BY AIViENDING SECTION 41-611. B (PARKING MODIFICATION) was passed to second reading, on motion of Councilman Herrin, seconded by Councilman Yamamoto, and unanimously carried~ ORD. NS-1065 - A.A. 678 ORDINANCE NS-1065 CHANGING DIERKER DISTRICT CLASSIFICATION ON AMENDMENT APPLICATION 678 FILED BY ALWIN V. DIERKER AND A_MENDING SECTIONAL DISTRICT MAP 31-4--9 (EXHIBIT AA 678 A) was passed to second reading, on motion of Councilman Herrin, seconded by CQuncilman Yamamoto, and unanimously carried. RES. 71-3 RESOLUTION 71-3 UPHOLDING EDWARDS THE DECISION OF THE ZONING ADMINISTRATOR AND DENYING MINOR EXCEPTION 70-13 FILED BY KENNETH L. AND FRETA M. EDWARDS was adopted, on motion of Councilman Herrin, seconded by Councilman Evans, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Patterson, Markel None Villa, Yamamoto, Gris et CITY COUNCIL -18- January 18, 1971 RES. 71-9 RESOLUTION 71-9 UPHOLDING APPEAL 253, VA 70-74 THE DECISION OF THE PLANNING COMMISSION AND DENYING A VARIANCE ON VARIANCE APPLICATION 70-74 FILED BY TOWNSHIP FOOD SERVICE COMPANY was adopted on motion of Council- man Evans, seconded by Councilman Patterson, with Councilman Herrin dis s enting. RES. 71-10 RESOLUTION 71-10 OF THE ELECTION CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA ORDERING CANVASS OF MUNICIPAL ELECTION TO BE HELD ON THE 6TH DAY OF APRIL, 1971, TO BE MADE BY THE CLERK OF THE COUNCIL OF THE CITY OF SANTA ANA was unanimously adopted on motion of Councilman Patterson, seconded by Councilman Villa. RES~ 71-11 RESOLUTION 71-11 OF THE ELECTION CITY COUNCIL OF THE CITY OF SANTA ANA REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO PERMIT THE COUNTY CLERK OF SAID COUNTY TO RENDER SPECIFIED SERVICES TO THE CITY OF SANTA ANA RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON APRIL 6, 1971 was unanimously adopted, on motion of Councilman Patterson, seconded by Councilman Markel. RES. 71-1 RESOLUTION 71-1 UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND GRANTING A VARIANCE ON VARIANCE APPLICATION 70-54 FILED BY LAND EVOLUTION, INC. , SUBJECT TO APPLICABLE CONDITIONS was read by title only and further reading was waived, on the unanimously approved motion of Councilman Patterson, seconded by Councilman Villa. The ordinance was unanimously adopted on motion of Councilman Villa, seconded by Councilman Herrin. Preceding the motion, the Clerk explained that Res. 71-1, as adopted at the Council meeting helkl on January 4, 1971, had not listed all conditions of approval required for Variance 70-54. CHANGE ORDER Change Order No. 1 to contract PROJECT 6018 with Gordon G. Montgomery Company, Project No. 6018, Phase II, Construction of Santa Anita Park, increasing in the amount of $1, 903.50, was unanimously approued~on motion of Councilman Villa, seconded by Councilman Evans. CITY COUNCIL -19- January 18, 1971 LICENSE AGREEMENT License Agreement with Atchison, Topeka & Santa Fe Railway Company, Project 4014, covering proposed installation of a 66-inch storm drain pipe line in the 17th Street crossing east of Lincoln Avenue was approved and its execution by the Mayor and Clerk of the Council was authorized, on motion of Councilman Herrin, seconded by Council- man Evans and unanimously carried. 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: K & S Market, 731S. Flower, Off-Sale Beer & Wine, Person Transfer; Graborn's Bit O'Germany, 2052 N. Main, On-Sale Beer & Wine, Per soft Transfer; 7-Eleven Market, 2320 Nc Glassell, Off-Sale Beer & Wine, Person Transfer~ and instructed the City Attorney to file a protest with the Alcoholic Beverage Control Board on the following: Bob Burns, 2828 N. Main Street, On-Sale General, Original Application; Kam Foy Yee, 1421 Eo 17th, On-Sale General, New Original Application; Lee's Oriental Food, 1008 W. 4th Street, On-Sale Beer & Wine, New Original° TRAFFIC The report of controlI devices removed or installed December 30, 1970 through January 12, 1971, was ordered filed, on motion of Councilman Herrin, seconded by Council- man Yamamoto and unanimously carried. VARIANCE AND Council unanimously adopted CONDITIONAL USE PERMIT the findings of fact, conclusions and decisions of the Planning Commission or Zoning Adrninistrator as action of the City Council on the following applications, on motion of Councilman Patterson, seconded by Councilman Yamamoto: CUP 70-12, RUSSELL JAY - To construct a 56 unit mobile home park in the A1 District at 4725 Wo First Street; APPROVED; VA 70-76, CURCI-TURNER - To construct a 34' high pole sign less than 300' from an existing pole sign on a lot in the C 4 District, at 2430 S. Bristol Street; APPROVED° CITY COUNCIL -20- January 18, 1971 C 3 PAl{KING WAIVER The Council considered a PACIFIC TELEPHONE & request from the Pacific TELEGRAPH COMPANY Telephone & Telegraph Company to waive off-street parking requirements in conjunction with construction of an addition to its building located at 201 East 5th Street. Mr. Ed Johnson was present to represent the Telephone Company in the discussion. The Council approved the issuance of a building permit with the proviso that Certificate of Occupancy would be contingent upon parking provisions recommended by company and staff representatives, subject to approval of the City Council, on motion of Councilman Villa, seconded by Councilman Patterson and unanimously carried. The motion further instructed the City Attorney to draft an ordinance setting forth standards for parking for any construction in the Civic Center or an ordinance creating a Civic Center Parking District to solve the parking problems. RECESS P. M., with all Council members present. At 3:30 P.M., a five minute recess was declared. The Council reconvened at 3:40 PLANNING COMMISSION Mro Gordon Bricken, Chairman CHAIRMAN of the Santa Aha Planning Commission, addressed the Council regarding the Commission's planned activities and programs for the remainder of Fiscal Year 1971, He stated the four areas of responsibility of the Planning Commission, as follows: On-going zoning adjustment problems° 2. Maintenance of General Plan (Charter: obligation), 3, Capital Improvements Program (Charter obligation)~ 4. Development of revisions to the Zoning Ordinance initiated both by the staff and the Commission. Mr. Bricken stated that the goals of the Planning Commission are to develop a working relationship with the Council to serve the interests of both; to develop a much broader and stronger inclination toward planning as a subject, as opposed to zoning regulation or adjustment. The Commission has recognized recently that there is a necessity for broader activity in the planning field. It was noted that there is an increasing number of appeals to the Council, and in response to a question from the Mayor, Mr. Bricken stated a study will be made to determine the percentage of appeals that are approved° Councilman Patterson asked if there is any educational process, such as Study sessions on the funda- mentals of planning, for new Commissioners. Mr. Bricken explained that this would require a great deal of staff time, which is very limited; therefore, discussions of this type are included in the afternoon meetings. CITY COUNCIL -21- January 18, 1971 CANDIDATES' STATEMENTS The Council considered a OF QUALIFICATIONS request from the Clerk of the Council to establish a policy which would require a deposit of $300.00 from each candidate who wishes to file a Statement of Qualifications in order to cover the cost of printing and handling. Councilman Patterson requested that the recommendation of the Clerk be modified to require a deposit of $100.00 from each candidate at the time of filing his Statement of Qhalifications, the City to bear any cost in excess thereof. The recommendation of the Clerk of the Council was approved as modified on motion of Councilman Patterson, ~econded by Councilman Villa, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Patterson, Villa, Yamamoto, Griset Markel None ORANGE COUNTY CRIMINAL The recommendation contained JUSTICE COUNCIL in the report entitled "New Approach to Drug Abuse", dated December, 1970, prepared by the Orange County Criminal Justice Council's Drug Study Strike Force, were approved with the exception that the Drug Abuse Coordinator position be located within the County Mental Health Organization rather than under the County Administrator, on the unanimously carried motion of Councilman Yamamoto, ~econded by Councilman Patterson. RECESS with all Council members present. At 4:35 P. M., a five minute recess was declared. The Council reconvened at 4:45 P. M. , DEEDS - NO CASH On motion of Councilman Herrin, GRANTEE, CITY seconded by Councilman Evans, and unanimously carried, Council ordered filed the report of No-Cash Deeds accepted by the City Manager pursuant to Resolution Noo 69-156, from December 29, 1970, through January 13, 1971, inclusive. DEEDS - WITH CASH It was moved by Councilman GRANTEE, CITY Herrin, seconded by Councilman Evans, to approve the following deeds and authorize execut'ion of the escrows by the Mayor: Musicians' Association, south side of First Street, west of Wright, street purposes. Foster Barker Co., south side of First Street, west of Wright, street purposes. Turner, south side of First Street, west of Lyon, street purposes° Cook, south side of First Street, west of Lyon, street purposes~ CITY COUNCIL -2Z- January 18, 1971 DEEDS-WITH CASH GRANTEE, CITY - (Continued) MacDougall Family Mortuary, south side of First Street, west of Lyon, street purposes. The motion passed on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Patterson, Villa, Yarnamoto, Griset None None It was moved by Councilman Herrin, seconded by Councilman Patterson to approve the following deed and authorize execution of the escrow by the Mayor: Potter, southeast corner of First & Ross, street purposes° Themotion passed on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Patterson, Villa, Yamamoto, Griset Markel None TENTATIVE PARCEL ~ Tentative Parcel Map 685, MAP 685 filed by Harold Segerstrom, creating three (3) C 1 and one (1) R 4 parcels located on the south side of Warner Avenue between Greenville Street and Fairview Street, was approved subject to conditions in the Planning Director's report dated January 11, 1971, and alley requirement was waived, on motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried° TENTATIVE TRACT MAP Tentative Tract Map 7356, 7356 filed by Henry A. Holtz, creating twenty-four (24) R 1 lots located generally southeast of the intersection of Grand Avenue and Grovemont Street, was approved subject to conditions in the Planning Director's report dated January 11, 1971, on motion of Councilman Patterson, seconded by Councilman Yamamoto and unanimously carried° VA 69-73 CONDITION 8 The report from the Planning MOBILE HOME PARK Commission advising that a request for amendment of Condition 8 of approval of Variance Application 69:73 has been withdrawn was received and ordered filed, on motion by Councilman Patterson, seconded by Councilman Evans and unanimously carried. CITY COUNCIL -23- January 18, 1971 BOND ISSUE The report of Bond Counsel regarding procedural recommendations on the bond issue to be placed on the April 6 Municipal ballot was received and ordered filed, on motion of Councilman Villa, seconded by Councilman Patterson, and unanimously carried. DRAINAGE ASSESSMENT The report of the City Manager, FEES dated January 13, 1971, submitting recommended fee schedules for an increase in drainage assessment fees was reviewed and Alternative No. 5 was adopted, with the provision that the fee schedule be reviewed annually, on motion of Councilman Patterson, seconded by Councilman Villa, on the following roll call voter AYES: NOES: ABSENT: Markel, Patterson, Villa, Yamamoto, Griset Herrin, Evans None The motion further instructed the City Attorney to prepare the necessary ordinance. SURPLUS BUILDINGS Council declared the following buildings surplus and authorized their demolition, on the unanimously carried motion of Councilman Herrin, seconded by Councilman Yamamoto: Surplus Property Report 71-1, one-story, single-family residence, 1911 West First Street. Surplus Property Report 71-Z, one-story, single-family residence, 1721 West First Street. PROPOSED CITY OF IRVINE Mayor Griset reported that the Local Agency Formation Commission had taken the matter of the Irvine City incorporation under advisement and that its decision would be announced at a meeting scheduled for February 10, 1971. RECESS At 5:25 P.Mo, the meeting was recessed to 7:30 PoMo, at which time it was reconvened with all Council members present. Following the Pledge of Allegiance to the Flag, the Invocation was given by the Reverend Galal Gough of the First United Methodist Church. CITY COUNCIL -24- January 18, 1971 PUBLIC HEARINGS time because of requests for continuation. The City Manager requested that Agenda items Nos. 73 and 74 be considered at this APPEAL 2.57 CUP 70-15 On motion of Councilman HELEN J. PETERSON Patterson, seconded by Councilman Villa and unanimously carried, Appeal 257, Conditional Use Permit 70-15, was continued to the next City Council meeting, February 1, 1971, at 7~:30 Pr M.: Motion also stated that concerned property owners shall be r enotified. APPEAL 255 CUP 70-14 On motion of Councilman ESTON A. ROSE Patterson, seconded by Councilman Villa and unanimously carried, Appeal 255, Conditional Use Permit 70-14~ was continued to the next City Council meeting, February 1, 1971, at 7i~30 P.M. Motion also stated that concerned property owners shall be r enotified. PUBLIC HEARING The public hearing to consider AMENDMENT APPLICATION 679 Amendment Application 679, filed by the Santa Ana Planning Commission, to rezone residentially-zoned property on the east side of Sycamore Street between First Street and Warner Avenue from the i{ 2, R 3 and P Districts to the R ZB, 1{ 3B and PB Districts, was opened by the Mayor, Planning Commission Resolution 5950 recommended approval of the application. Mr. M.E. Treadgold, 2070 S~ Sycamore Street, presented a petition from residents living on Sycamore Street between Sro Andrew Place and Anahurst Place requesting that these two blocks be eliminated from this Amendment~ On motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried, the petition was received and filed. The Clerk reported that no written communications had been received on the matter. There were no opponents and the Mayor declared the hearing closed. Amendment Application 679 was approved and the City Attorney was instructed to prepare an ordinance to reclassify the property according to Exhibit B, on motion of Councilman Patterson, seconded by Councilman Evans and carried, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Patterson, Villa, Yamamoto~ Griset None None CITY COUNCIL -25- January 18, 1971 GENERAL PLAN - ALIGNMENT The public hearing to consider OF MEMORY LANE a proposed amendment to the Arterial Streets and Highway Element of the General Plan pertaining to alignment of Memory Lane, was opened by the Mayor~ The Clerk reported that written protests had been received on the proposed amendment from the following persons: Don Franklin, Chairman, Serra District, Boy Scouts of America; Lynn Pomeroy; Jane Hamashige;, Mrs° John Kochendorfer; Frank E. Miles, Jr.; Mro & Mrso Richard Kidder; Mrs~ Bess Hughes Dickinson. The Mayor read the letters aloud. Oral reports of this project were presented by the City Manager and the Director of Public Works in which it was stated that no prior determination as to location has been made; however, general plans for an east-west street across the northern part of the City have been discussed; that none of the euggested routes in any way impinges upon the Santiago Park; it does impinge upon and cut through the Santiago Day Camp, which is used mostly for children's groups where they can go for day camping or overnight camping; that the City of Santa Aha has not been able to work out a system for relief traffic in this section with the City of Orange, and therefore, any route approved must be entirely within the city limits of the City of Santa Anao It was also stated that traffic studies have been made and the projection for east-west traffic north of 17th Street is 16,000 cars per day; that another problem in this area is lack of good access for fire-fighting forces, and without this access it would he necessary to construct an additional fire station to service the area. The following information was provided on each plan submitted: Alt. 1 and 2 - Cost, approximately $470,000. The disadvantages are that the curves are too sharp; the route cuts across the property of a major developer (Parcel Map 683); and property owners on Clemenson object~ Alto 3 Cost, approximately $630,000~ The City of Orange objects to this alternative since the route meets Glassell in the City of Orange; however, this area would be under State jurisdiction because of the proximity to the Freeway; it has steeper grades than the first two alternatives, but is still acceptable. Objectionable to Clemenson home owners~ Alt. 4 Cost, approximately $605,000. The primary disadvantage is the sharp curves° This alternative is more acceptable to the Clemenson home owners, but less favorable to the developer~ Alt, 5 Since the Planning Commission hearing, the Public Works Department has continued its study of the area and developed Alternative 5, which was also presented to the Council. Cost, approximately $79Z, 000; would not cut through Santiago Park, nor the developer's property. The recommendation of the Public Works Department was for Alternative 3. Planning Commission Resolution No. 5951 also recommended Alternative No. 3. CITY COUNCIL -Z6- January 18, 1971 RECESS P. M., with all Council members present. At 8:55 P.M. , a five minute recess was declared. The Council reconvened at 9:10 GENERAL PLAN - ALIGNMENT OF MEMORY LANE - (Continued) Mr. Cecil Wright, 60 Plaza, Orange, representing Mr. Howard Lawson, owner of 40 acres of property in the general area, stated that the City of Orange has approved a mobile home park for a portion of his property; that approval is based entirely on a representation that it is an interim use _ only, and the use may not extend beyond 10-15 years. He also stated that the property in the triangle located at Owens and Parker is a 10-acre parcel for which approval of a mobile home park will be sought from the Santa Aha Planning Commission; that one of the proposals being made in this connection is that if the use is approved, there will be a d~dication of a street going northerly from Owens Drive, to be called Lawson Way, to the southern 1lairs of the City of Orange. The proposal will be to extend Lawson Way across the property northerly to connect to Town and Country Road and on to the Garden Grove Freeway. If approval for the Mobile home parks is received from both cities, Lawson Way will extend northerly across to the Garden Grove Freeway. It would be dedicated and improved immediately upon approval of the building permits for this type of development. Discussion was held on the feasibility of delaying action on the alignment of Memory Lane until decisions come from the City of Orange and the City of Santa Ana with regard to the Lawson development. The Public Works Director pointed out that the success of Mr. Wrlght's proposal would depend, not only on approval of the two mobile home parks, but also on the extension of Lawson Way, the extension of Town and Country, and a full interchange on the Garden Grove Freeway at Lawson Way° Mr. Frank Bueche, 2009 E. Edinger Street, representing A/win V. Dierker, opposed the suggestion of Mr. Wright becuase it would cause delay in the development of the Dierker property (Parcel Map 683). He did not believe an interchange could be designed at the Garden Grove Freeway and Lawson Way because of the presence of a medical building on the northwest corner. RECESS members present. At 10:00 P~M., a five minute recess was declared. The Council reconvened at 10:10 P. Mr, with all Council CITY COUNCIL -27- January 18, 1971 GENERAL PLAN - ALIGNMENT OF MEMORY LANE - (Continued) The following persons spoke in opposition to the proposed alignment of Memory Lane: Mr. James Logren, 822 E. Parker Lane; Archie Howe, 1226 Orange Avenue; Joe O'jeda, 841 Clemenson; William Elsey, 2707 N. Larchmont Avenue; Michael Million, 920 Clemenson; Bill Million, 920 Clemenson; Kenneth G. Wickman, 802 Clemenson; Ed Golden, Z005 North Ross; Lewis Williams, 908 E. Jonquil; and Mrs. John Madden, 2114 North Poinsettia. Opposition was based on the following: I~tome owners in the area being considered would be financing fire protectinn for residents in the area to the south; destruction of the Santiago Day Camp; additional traffic in the area of Santiago Park will produce more smog. They requested a 30-45 days continuance in view of the information presented by Mr. Wright. No one else desired to speak, and the hearing was closed by the Mayor. RECESS with all Council members present. At 11:10 P.M., a five minute recess was declared. The Council reconvened at 11:15 P. M., GENERAL PLAN - ALIGNMENT OF MEMORY LANE - (Continued) It was moved by Councilman Villa, seconded by Councilman Yamamoto to approve Alternat& Plan No. 5, and refer it to the Planning Commission for recommendation and report to the Council. A motion by Councilman Markel, seconded by Councilman Patterson, to amend the m~tin motion by substitution, to continue the matter of decision for 45 days to the second meeting of March, 1971, failed to carry on the following roll call vote: AYES: NOES: ABSENT: Markel, Griset Herrin, Evans, Patterson, Villa, Yamamoto None It was moved by Councilman Patterson, seconded by Councilman Evans, to amend the main motion to approve Alternate Plan No. 5 from its easterly termination at Glassell Street running westerly to the city limits and terminating where the railroad and city limits connect. Councilman Patterson's motion, seconded by Councilman Evans, to amend the amendment to the main motion, to disapprove ail five plans failed on the following roll call vote: AYES: NOES: ABSENT: Evans, Patterson Herrin, Markel, Villa, Yamamoto, Griset None CITY COUNCIL -28- January 18, 1971 GENERAL PLAN - ALIG1N-MENT OF MEMORY LANE - (Continued) Councilman Patterson's amendment to the main motion to approve Alternate Plan No. 5 from its easterly termination at Glassell Street running westerly to the city limits and terminating where the railroad and city limits connect, failed to carry, on the following roll call vote: AYES: NOES: ABSENT: Her rin, tSatter son Evans, Markel, Villa, Yarnamoto, Griset None Councilman Villa's main motion, to approve Alternate Plan No. 5, carried on the following roll call vote: AYES: NOES: ABSENT: Herrin, IVlarkel, Villa, yamamoto Evans, Patterson, Griset None Councilman Patterson's motion, seconded by Councilman Evans, to disapprove Alternative Routes I, II, III and IV, carried on the following roll call vote: AYE'S: Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset NOES: None ABSENT: None RECESS P. M., wi~h all Council members present. At II:SS P.M., a five minute recess was declared. The Council reconvened at 11:45' PUBLIC HEARING The public hearing to consider APPEAL Z54 AND APPEAL 258 Appeal Z54, filed by the Department of Public Works, and Appeal 258, filed by Robert Ewing Associates, appealing conditions of approval of Variance Application 70-68 by the Planning Commission, was opened by the Mayor. VA 70-68 concerns the proposed development of property located at Bristol Street and Sunflower Avenue. The Director of Public Works reported that the decision of the Planning Commission to waive the requirement for sidewalks along Bristol Street was appealed due to the fact that the Municipal Code requires construction of curbs, gutters, sidewalks, and paving upon application for a building permit for a structure greater than 500 square feet; and that elimination of sidewalks in this area is strongly opposed by the staff. He also stated that the Department of Public Works is opposed to the provision for a second opening in the median on Bristol Street. Arguments for both of the above items in Appeal Z54 were based on safety factors for pedestrians and the projected heavy flow of traffic into the proposed shopping center. CITY COUNCIL -Z9- January 18, 1971 PUBLIC HEARING APPEAL 254 AND APPEAL 258 - (Continued) Mr. Richard Volpert, O'Melveny & Myers, was present representing the J. C0 Penney Company, owners of The Treasury department store to be erected on this site. He stated that they were appealing the relocation of the gas sales area from the corner site at Bristol and Sunflower to a location on Sunflower approximately 600 feet west of Bristol because of traffic on Bristol which is five times more than on Sunflower. He stated that is not a complete service station; it is for gas sales only, and a service of this kind is best located at a corner which does not require a left-hand turn. Two photographs of existing service stations of the same type, and a model of the proposed gasoline sales facility, were presented to the Council for consideration. Mr. Volpert recognized that the City requires sidewalks in connection with construction of this kind; however, it is anticipated that there will be little or no pedestrian traffic to the shopping~ center, and they would prefer to landscape the area. The developer would landscape an area 13 feet wide around the development. Mr. Martin Miller, 1301 Avenue of the Americas, New York City, Traffic Engineer for J.C. Penney Company, stated that a second break in the median directly in front of The Treasury department store is necessary in order to handle the flow of traffic that is expected; also that an internal bnffer at the entrance distributing traffic either to the left or the right is necessary. This will provide an outer ring of traffic and will avoid conflict between pedestrians and vehicles directly in front of the store. Mr. Jan Vail, Robert Ewing & Associates, 4440 Wilshire Boulevard, Los Angeles, appealing the requirement that the developer pay for the cost of the installation of a traffic control signal light at the location of the existing median on Bristol Street, requested that any developer on the east side of the street should pay a share of the cost. Mr. J. B. Deasy, Vice President, Winmar Company, and Mro James Brewer, V~inmar Company, spoke in favor of the additional median break on Bristol Street. Mr. Ted Adsit, Costa Mesa, spoke in opposition to locating the gasoline sales facility on the corner of the intersection. It was his belief that entrances to the sales facility too close to the intersection would impede the flow of traffic on both Bristol Street and Sunflower Avenue. RECESS A. M., with all members present, At 1:30 A. Mo, a five minute recess was declared, The Council reconvened at 1:40 PUBLIC HEARING ' ' ' APPEAL Z54 AND APPEAL 258 - (Continued) No one else desired to speak, and the Mayor declared the hearing closed, CITY COUNCIL -30- January 18, 1971 PUBLIC HEAKING APPEAL 254 AND APPEAL 258 - (Continued) In further discussion by the Council, it was suggested that a deceleration lane, an addltional ten feet, should be provided in connection with both median breaks; it was felt that waiving the requirement for sidewalks in this development could set a precedent, and the Assistant City Attorney stated that in his opinion the Planning Commission had no jurisdiction to delete a condition required by statute. The Planning Commission may grant variances in connection with zoning regulations only. If the City Council wishes to consider a permit for this development deleting the sidewalks, it will be necessary to amend the Ordinance; however, the consensus was that landscaping the area in lieu of sidewalks would be more appropriate, more-attractive, and would help to screen the parking area from view of the street. It was moved by Councilman Markel, seconded by Councilman Villa, to grant the appeal of the applicant and to approve construction of a second median break with a double left-turn lane, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Villa, Yamamoto, Griset Patterson None Councilman Herrin's motion, seconded by Councilman Yamamoto, to grant the appeal of the applicant and approve construction of the gasoline service facility at the corner of Bristol Street and Sunfflower Avenue, to be designed similar to the facility at Manchester Avenue and Garden Grove Boulevard with deceleration lane and including two curb cuts on each street, carried on the following roll call vote: AYES: NOES: ABSENT: Herrin, Markel, Villa, Yamamoto, Griset Evans, Patterson None Councilman Patterson's motion, seconded by Councilman Markel, to grant the appeal of the applicant; to waive the sidewalk requirement for this development; and require landscaping in lieu thereof, carried on the following roll call vote: AYES: NOES: ABSENT: Herrin, Markel, Patterson, Villa, Griset Evans, Y amamoto None Councilman Patterson's motion, seconded by Councilman Markel, to grant the appeal of the applicant and require the first developer to pay the entire cost of installation of a traffic control signal light at the location of the existing inedian island on Bristol Street, and the developer on the opposite side of the street to pay a proportionate reimbursement cost carried on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset None None CITY COUNCIL January 18, 1971 PUBLIC HEAI{ING APPEAL 254 AND APPEAL 258 - (Continued) Councilman Herrin's motion, seconded by Councilman Markel, to eliminate the requirement for ~des!gn of the interior circulation plan for The Treasury and grant the appeal of the applicant, carried On the following roll call vote: AYES: Herrln, Evans, Markel, Griset NOES: Patterson, Villa, Yamamoto ABSENT: None Councilman Patterson's motion, seconded by Councilman Villa, to modify the action of the Planning Commission by denying the appeal 6f the Public Works Director, No. 254, and granting the appeal of l{obert Ewlng & Associates, No. 258, with respect to the first three items appealed on gasoline sales area, sidewalks, and redesign of interior circulation, and to amend the appeal with respect to the signal costs in accordance with the prior motion, ca, tied on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Villa, Griset Patterson, Yamamoto None The City Attorney was instructed to amend Ordinance No. NS-1041 to delete the sidewalk requirement. PUBLIC HEAl{lNG The public hearing to consider APPEAL 256, CUP 70-13 Appeal 256, filed by Key Metals, Inc., appealing conditions of approval 2, 4, 5, 7, and 8 of Conditional Use Permit 70-13 requesting a scrap preparation yard and storage in the M 2 District at 609 N. Poinsettia Street, was opened by the Mayor. Mr. Stuart M. Kline, President, Key Metals, Inc., 902 E, Santa Aha, stated that this business is unique in Orange County. All kinds of scrap are purchased, processed, and sold to the s~e~ mills and foundries. Mr. Kline agreed to replace fencing along the Sixth Street side of the property, along the north side abutting the trailer manufacturing plant, and a portion of the west side as far as the spur track. He stated it would be impossible to replace the fencing which runs about 200 feet along the Southern Pacific Mainline track, since this would not allow room for loading the scrap onto the railway cars. Mr. Kline requested waiver of condition 4(concerning a~ final grading.plan, since there will be no development of this property beyond the present state. Concerning street improvement plans required in condition 5, Mr. Kline felt that he should not be required lo make these improvements, as he is leasing the property on a month-to-month basis. In connection with his appeal of item 7, assessment of drainage fees, he stated that according to the Municipal Code, fees established for drainage are to be fairly apportioned among developers of properties in the area, and requested that this requirement be waived. He requested that street improvements required in condition 8 be waived for the same reasons set forth for item 5. There were no opponents and the hearing was closed by the Mayor. CITY COUNCIL -32- January 18, 1971 PUBLIC HEARING APPEAL 256, CUP 70-13 - (Continued) Councilman Herrin's motion, seconded by Councilman Villa, to overrule the action of the Planning Commission and instruct the City Attorney to prepare a Resolution granting the appeal, except Condition 2, which will be amended to read: "That a solid fence, at least 8' high, be constructed around the entire property, except for that portion outlined in applicant's appeal state- ment, with a solid gate at least 8' high," carried on the following roll call vote: AYES: Herrin, Evans, Markel, Villa, Griset NOES: Patterson, Yamamoto ABSENT: None APPEAL 248 - VA 70-61 Council considered the report of the Planning Commission dated January 12, 1971, regarding the proposed off-premise sign that would utilize one side for public service messages for the community, requested in Variance Application 70-61 by Santa Ana Lincoln Mercury, at 1301 North Tustin Avenue. It was the unanimous recommendation of the Commission to reaffirm its denial of the proposed sign. It was moved by Councilman Villa, and seconded by Councilman Patterson, to uphold the action of the Planning Commission; to deny the appeal from the Planning Commission's denial of that portion of Variance Application 70-61 requesting the off-premise sign; and to instruct the City Attorney to prepare the necessary resolution. The motion carried on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset None None ADJOUP~NMENT The meeting was adjourned at 3:15 A.M., on motion of Councilman Patterson, seconded by Councilman Evans and unanimously carried. Florence I. Malone Clerk of the Council CITY COUNCIL -33- January 18, 1971