HomeMy WebLinkAbout04-17-1972MINUTES OF 'THE REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA AHA, CALIFORNIA
April 17, 1972
The meeting was called to order at 2:05 P.M. in the Council Chan~bers of the City
Hall Annex, 530 North Ross Street~ with the following Councilmen present: Vernon
S. Evans, Wade Herrin, Jo Ogden Markel, Jerry Mo Patterson, Ray Villa, Harry
Ko Yamamoto, and Mayor Lorin Griset0 Also present were City Manager Carl Jo
Thornton, City Attorney James Ao Withers, Director of Public Works Ronald
Wolford, Director of Planning Herbert Wieland, and Clerk of the Council Florence
Io Malone.
MINUTES
mitred on motion of Councilman Evans,
unanimously carried°
The Minutes of the Regular Meeting of
April~3, and the Special Meeting of
April 7, 1972, were approved as sub-
seconded by Councilman Villa, and
SPECIAL RECOGNITION The Mayor gave special recognition to
DeMolay and Valley High School students
present at the meeting for Santa Ana
Civic Day. Dale Witherton was Student Mayor for the day~ and introduced the
others who were present° He also complimented and thanked City officials for the
program presented to them during the day°
SANTA AHA RIVER/SANTIAGO Mr° C.R. Sackett, Grmenbelt Coordinator,
CREEK GREENBELT PLAN Orange County {~lanning Commission, made
a presentation on the history of the Greenbelt
Program, and a description of the plan and the mechanism by which it will be
implemented° He stated that the Orange County Supervisors authorized a study and
report of the plan; that one recommendation was the hiring of a Greenbelt Coordinator
and establishing an organization to implement the plan; that the County formed an ad
hoc committee with one representative from each of ten cities, four County department
heads, and three from special districts; that the implementation program submitted to
the Board of Supervisors was approved by them on March. mist, and the resolution was
sent to each city for approval°
Mr° Sacker presented slides of the area in which the Greenbelt ,is proposed along the
Santa Ana River, beginning at the ocean and continuing to the County line~ with a -~
branch at Santiago Creek. He stated that a cover letter ~hou]~lhave been attached t¢
the resolution sent to the cities requesting the cities to: --
(1) endorse the Greenbelt Implementation Plan;
(2) appoint a Council member to the Organization Committee;
(3) appoint a staff member to the Program Planning Committee; and
(4) appoint five citizens to the City and Unincorporated Areas Committee°
CITY COUNCIL
-149-
April 17, 1972
SANTA ANA RIVER/SANTIAGO CREEK
GREENBELT PLAN - (Continued)
In response to Councilman Herrin's question, IV[r. Sackett stated that present planning
is for foot power only on the bike trails; that there is one motor dike facility in
Anaheim at Bonsai Park. Councilman Yamamoto asked how the Greenbelt would
relate to the proposed new freeway. Mr. Sackett replied that he has met with a
representative of the State Highway Department and that they have three alternatives--
to plan the Orange Freeway extension in the river on stilts, construct it on either
side of the river, or not to extend it at allo
Mr. Van Stevens, 1840 E. 17th Street, stated that he had been a City representative
on the Santa Ana River Study Committee; that a report was submitted in December,
1970, and another later; that the proposed plan has very little physical effect on the
City of Santa Aha; that there are no facilities other than Riverview in the city; that
the committee felt the plan would have a beneficial, long-term .effect because the
people of Santa Aha would be able to use the other facilities; that the Committee
supports the program and the organizational form; and that the Committee has now
been dissolved.
The Mayor stated that this whole presentation has been held in response to a request
by the Board of Supervisors that the city allot money from the gas tax for this use.
Councilman Markel stated that he had attended a Parks & Recreation Board meeting
recently in which they discussed plans for a bike trail within the City of Santa Aha;
and that he is in favor of the Greenbelt Plan, but would be opposed to spending any
gas tax money on bike trails.
Councilman Patterson's motion, seconded by Councilman Villa, to endorse the
Greenbelt Implementation Plan, appoint a member of the Council to the Organization
Committee, appoint a staff member to the Program Planning Committee, and
appoint five citizens to the City and Unincorporated Areas Committee, with no
authorization for expenditure of funds, carried on the follo-aring roll call vote:
AYES: Patterson, Villa, Evans, Herrin, Griset, Yamamoto, Markel
NOES: None
ABSENT: None
CONSENT CALENDAR The following Agenda items were
removed from tl~ Con,sent Calendar:
Item 5-B at the request of Mayor Griset;
Items 5-A, 5-C, 5-D, 7-C and 7-D at the request of Councilman Yamamoto; Item
7-B at the request of Councilman Pattergon; and Items 3-A~ 15 and 16 at the request
of Councilman Markel. ·
On motion of Councilman Herrin, seconded by Councilman Patterson, and unanimously
carried, Council affirmed the recommended action on the following Consent Calendar
items:
BID CALLS Approved plans and specifications and
authorized advertisement for bids on the
following:
PROJECT 2025 - Reconstruct Old Grand Street from
Santa Clara Avenue to loana Drive; opening date May
24, 1972 at 2:00 P.M.
-150- April 17, 1972
CITY COUNCIL
CONSENT CALENDAR - (Continued)
PROJECT 4022 - Construct P-3 storm drain in l~ain
Street from Dyer Road to SPRR and along SPRR from
Main Street to Cypress Avenue; opening date May25,
1972 at 2:30 P.M.
PROJECT 6051 - Construct sidewalk in Santa Anita and
Sandpointe Parks; opening date May 26, 1972 a~2:3~) P. Mo
PROJECT 6057 - Install all-purpose and tennis court
lighting in Westwood Park; opening date May 24, 1972 at
2:30 P.M.
Authorized advertisement for bids on the following: ~:
TRAFFIC SIGNAL MAINTENANCE - For the period
of July 1, 1972 through June $0~ 1977; opening date
May 25, 1972o
BID AWARDS Awarded contracts as follows:
SPEC° 723-230 - Hot Pour Rubberized Mastic Joint Sealer -
annual requirement Suly 1, 1972 to June 30, 1972; ~warded
contract to Edoco Technical Products, Inc~~, Long Beach,
as the only bidder.
PROJECT 1317, 1269 and 4010 - Construction of Seventeenth
Street from Main Street to the Santa ADa Freeway; awarded
contract to Sully-Miller Contracting Company, Orange, on
the basis of low bid; and rejected all other bids.
PROJECT 4020 - Construction of U-1-A Storm Drain along
Southern Pacific Railroad from north of Edinger Avenue to
McFadden Avenue; awarded contract to Lomar Corporation,
on the basis of low bid; and rejected all other bids~
PROJECT 6049A - Furnish and deliver one city e~try sign
and one replacement panel; awarded contract to Shull Construction
Company, Orange, on the basis of low bid; and rejected all other
bids
PROJECT 6052 - Construct landscape irrigation*system in
Flower Street Park; awarded .contract to B & W Sprinkler
Company, Westminster, on the basis of low bid; and rejected
all other bids.
PROJECT 6053 - Construct concrete sidewalk and handball
court in Flower Street Park; awarded contract to Goodman
& Peloquin, Inc. , La Habra, on the basis of low bid; and
rejected all other bids°
Rejected the only bid on the following project, from !V~arkel Cement
Contracting, Costa Mesa, as being too much over the estirm te:
PROJECT 6051 - Construct patterned concrete sidewalks
in Santa Anita Park and Sandpointe Park;
and authorized the project to be re-designed and re-bid.
CITY COUNCIL
-151-
April 17, 1972
CONSENT CALENDAR - (Continued)
AGREEMENTS
Approved and authorized the Mayor
and Clerk to execute t:t~e following
agreement:
TRAFFIC SIGNAL - Agreement between the City of
Santa Aha and the City of Garden Grove for the installation
and maintenance of a traffic signal and intersection
lighting system at the intersection of Westmir~ster Avenue
and Clinton Street.
TRAFFIC
10, 1972, inclusive.
ALCOHOLIC BEVERAGE
LICENSE APPLICATION
Received and ordered ~iled report
of control devices removed or
installed March~2$ through April
Received and ordered filed the
following Alcoholic Beverage
License application:
HARB, RIYAD B., 619 W. McFadden, Off Sale Beer &
Wine, Person to Person Transfer.
SOLICITATION APPLICATION Approved the followlng application:
CHRIST FOR INDIA DBA MISSIONS INTERN~,TIONAL,
408 W. 4th Street, door-to-door solicitation for funds to
carry on Christian work at home and abroad; orphanage,
printing press, Bibles, etc.; for 60 days from.date of
approval.
VARIANCES AND
CONDITIONAL USE PERMIT
Received and ordered, filed the
following application:'
PUBLIC PROPERTY USE
EX 7Z-4, ALEX G. VELASQUEZ - To waive required
wall between commercial property in the C 2 District
at 1819 W. First Street and adjacent residential property;
APPROVED.
Approved the following Application
for Special License to Use Public
Property: .... a
DEEDS, NO CASH
GRANTEE, CITY
CRUZ RIOS AND JOE RIOS, use of east side of E1 Salvador
Park, for a political rally, on Sunday, April 30, i972, from
g:00 P.M. to 6:00 P.M.
Received and ordered filed a report
of No-Cash Deeds accepted by the
City Manager, pursuant to Resolution
#69-156, from March Z9 through April 11, 197Z, inclusive.
CITY COUNCIL
-152- April 17, 1972
CONSENT CALENDAR - (Continued)
TENTATIVE PARCEL MAP
Approved the following map, subject to
conditions containe~ in Planning Director' s
report:
MAP #742 - Filed by R. Jack Ctine creating two ~2) R 2
parcels for residential purposes, located ge~erall~r on the
west side of Bewley Street, 230 feet south of Fif~hMtreet.
COMPLETION OF Authorized release of performance,
IMPROVEMENTS monument, labor and material bonds
on the following:
TRACT #7170 - Corrigan Avenue and Freeman Street.
REIMBURSEMENTS Authorized the ~llowing:
KAVANAUGH DEVELOPMENT, INC., for str-eet~
improvements on the north side of McFadden Avenue
west of Harbor Boulevard, Tract No. 6311; in the
amount of $3, 000. 32o
SANTA ANA-TUSTIN COMMUNITY HOSPITAL, for
street improvements on the east side of Tustin Avenue
from 14 feet south to 1220 feet north of Fruit Street,
in exchange for ultimate dedication of Tustin Avenue,
VA 70-16; in the amount of $22,287° 98.
*~ *~* ........... ~ ........... **GONSENT CALENDAR FIN'K~**~*,~*~ .................... ~
CONSULTANT SERVICES On motion of Councilman Herrin,
seconded by Councilman Yamamoto,
and carried on a 6-1 vote, Councilman
Markel dissenting, Council approved the following agreement.
CONSULTANT SERVICES - Agreement between the City
of Santa Ana and the firm of Purcell-Noppe-Parnell A~sociates,
Inc., for consulting services in connection with the p~posed
audio/video/visual aids system for the new City Council Chambers.
ALCOHOLIC BEVERAGE On motion of Councilman Herrin,
LICENSE APPLICATIONS seconded by Councilman Patterson,
and carried on a 6-1 vote, Councilman
Yamamoto dissenting, Council received and ordered filed the following application:
BRASHER, CLAY Ko, 805 S. IVr~in Street, On Sale Beer, Original.
Sgt. Mitchell of the Santa Aha Police Department stated that the matter on which
a protest was based on the following item had been cleared anal the Police Protest
has been withdrawn. Councilman Herrih's motion, seconded by Councilman Villa,
to receive and file the following application, carried on a 6 - 1 vote, Councilman
Yamamoto voting NO:
CHAVEZ, ROBERT M., 220 E. Third Street, On Sale Beer,
Person to Person Transfer.
CITY COUNCIL
-153-
April 17, 1972
ALCOHOLIC BEVERAGE LICENSE
APPLICATIONS - (Continued)
On motion of Councilman Patterson, seconded by Councilman Herrin, and carried
on a 6-1 vote, Councilman Yamamoto dissenting, the following applications were
received and ordered filed:
REICHELT, CLARENCE A., 510 N. Spurgeon, On
Sale Beer and Wine, Original;
RUDOLPH, JOYCE E., 1212 S. Bristol, On Sale Beer, Original.
VA 7Z-Z0 - CORP. OF PRESIDING Councilman Pml-~erson suggested that
BISHOP OF THE CHURCH OF Variance Application 72-20 to construct
JESUS CHRIST OF LATTER-DAY a 76-unit apartment complex in the R 1
SAINTS District at 901 S. Sullivan Street,
approved by the Planning Commission,
should be set for public hearing; that the staff recommendation was for denial; that
no building moratorium was established in this area, but that he is concerned about
the number of apartments throughout the City. Mayor Griset, Councilman Yamamoto,
and Councilman Markel stated they would support that position. Councilman Villa
stated he believes this is a bad policy for the Council to adopt; that the City will
not grow if construction is stopped.
Councilman Patterson's motion, seconded by Councilman Yamamoto, to set for
public hearing on May 1, 1972, Variance Application 72-20 filed by the Corp. of
Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints to construct
a 76~unit apartment complex in the R 1 District at 901 S. 'S~/tli~an Street, APPROVED,
carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Yamamoto, Villa, Griset, Markel
Evans, Herrin ~'
None
VA 72-21 Variance Application 72-21 filed by
ZACHARY T. PEDICINI Zachary T. Pe~icini to allow a pole sign
in excess of 250 square feet in the C 4
District at 1208 E. McFadden Avenue was approved by the Planning Commission.
Councilman Yamamoto stated that the pole sig~ requested is in violation of the
ordinance and he is opposed to it2 -
Councilman Evans stated he believed Council should accept the recommendations
of the Planning Commission, since they are experienced, have held a hearing and
have given the matter consideration.
In response to Councilman Villa's question concerning the significance of a split
vote by the Planning Commission, Councilman Patterson,st&te4t that when Staff
or the Planning Commission make a recommendation he a~oes not always agree,
but he listens; that when a split vote occurs on the Planning Commission, it
indicates it was a close question and that they had difficulty in arriving at that
decision; that no ~Piticism of the Planning Commission is intended.
CITY COUNCIL
-154- April 17, 1972
VA 72-21
ZACHARY T. PEDICINI - (Continued)
Councilman Herrin stated that the agenda material reaches Council on Thursday;
that if there has been a hearing on a matter by the Planning Commission and a
split vote is shown, or that there is a (~ifference of opinion be~een the Staff and
the Commission, then he will study it carefully; and that if,~each.Councilman would
do this, it might not be necessary to set the matter for-ano~/~e.r public hearing.
Councilman Patterson replied that when Variances and Conditional Use Permits
heard by the Planning Commission are presented to Council for affirmation of the
Commission decision, Council has no choice but to receive and~£ile, or to set for
public hearing. Councilman 1V~arkel spoke in favor of the publi~hearing.
Councilman Patterson's motion, seconded by Councilman Yamamoto, to set the
matter for public hearing on May 1, 197Z; carried on the following roll call vote:
AYES: Patterson~ Yamam6to, Griset, Markel
NOES: Villa, Evans, Herrin
ABSENT: None
CUP 72-6
J. OGDEN MARKEL
during discussion of the item.
Councilman Markel s~ated he is directly
concerned with this Conditional Use
Permit and left the Council Chambers
Councilman Herrin's motion, seconded by Councilman Patterson, to receive and
file CUP 72-6 failed on the following roll call vote: ~
AYES: Herrin, Patterson, Griset
NOES: Villa, Evans, Yamamoto .
ABSENT: Markel
After further discussion, Councilman Evans' motion, second~..by Councilman
Villa, to set for public hearing on /v~ay 1, 1972, Conditional Use Permit 7Z-6
filed by J. Ogden Markel to serve beer and wine in a dance hall and dance school
within 300' of residentially zoned and used land; APPROVED, failed to carry on
the following roll call vote:
AYES:
NOES:
AB SENT:
Evans, Villa, Yamamoto
Herrin, Griset, Patterson
Markel
The City Attorney ruled that the Planning Commission action to approve the
Permit would prevail since both Council motions had re~ulte~ in a tie. Councilman
Markel returned to the Council Chamber°
SURPLUS PROPERTY On motion of Councilman Herrin, seconde¢~
by Councilman Evans, and carried on
a 6-1 vote, Councilman Markel dissenting,
the following property was declared surplus and demolition aut:horized:
SURPLUS PROPERTY REPORT #72-01, for improvements
located at 1919 1¥o First Street, acquired in com~/ection with
Project 1276, Section IV - First Str~eet from Townsend Street
to Hesperian Street.
CITY COUNCIL -155- April 17, 1972
CHANGE ORDER
PROJECT 7013
CONSTRUCTION OF CITY HALL
was approved:
On motion of Councilman Herrin,
seconded by Councilman Evans, and
carried on a 6-1 vote, Councilman 1Viarkel
dissenting, the following Change Order
PROJECT 7013, CONSTRUCTION OF CITY HALL - Installation
of a combined emergency generating system for the new City
Hall and the Police Building; Change Order #14, increasing in
the amount of $29,018.69.
BID CALL On motion of Councilr~an Patterson, seconded
-by Councilman Ik4arkel, and unanimously
carried, Council declared surplus certain
Automotive Equipment, in a memorandum dated April 17, 1972 from the Purchasing
and Property Control Officer, and authorized joint auction with the County of Orange
on May Z0, 197Z, and the payment of 10% fee of the gross receipts for the auctioneer's
services.
READING WAIVED
resolutions, the titles of which appeared
RECESS
On motion of Councilman Herrin, seconded
by Councilman Yamamoto, and unanimously
carried, the full reading of ordinances and
on the public Ageneta, was waived.
At 3:15 P.M., a recess was declared. The
meeting reconvenect at 3:25 P.M. with all
Councilmen p~esen~ ~
ORD. NS~lll4 ORDINANCE NO. NS-1114, ORDINANCE OF
THEATER REGULATIONS THE CITY COUNCIL OF SANTA ANA
AMENDING SECTION 12-118 OF THE SANTA
ANA MUNICIPAL CODE was adopted, on motion of Councilman Herrin, seconded by
Councilman Evans, and carried on the following roll call vote:
AYES: Herrin, Evans, Villa, Griset, Yamamoto, Patterson, Markel
NOES: None ·
ABSENT: None
ORD. NS-1116 ORDINANCE NS-ltl6 AMENDING SANTA
DRAINAGE AREA FEE ANA MUNICIPAL CODE SECTION 34-193
SCHEDULE RELATING TO LOCAL DRAINAGE AREA
FEE SCHEDULE was adopted on motion
of Councilman Herrin, seconded by Councilman Evans, and carried on the following
roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Villa, Griset,
None
None
Yamamoto, Patterson, Markel
CITY COUNCIL
-156- April 17, 1972
ORD. NS-1117
SPEED LIA4ITS
SUNFLOWER AVENUE
ORDINANCE N$~1t17 ~,DDING SECTION
36-372 TO ARTICLE VII OF CHAPTER
36 OF THE SANTA ANA MUNICIPAL
CODE RELATI34G TO PRIMA FACIE
SPEED LIMITS FOR SUNFLOWER AVENUE was passed to second reading on
motion of Councilman Herrin, seconded by Councilman Evans, and unanimously
carried. ~
ORD. NS-110Z ORDINANCE N~-ll~)2, ORDINANCE OF
A.A. 689 THE CITY C~CI~t~ ~F SANTA ANA
MARVIN M. & RUSSELL F. ROHRS CHANGING ZONING CLASSIFICATION
ON AMENDMENT APPLICATION 689,
FILED BY MARVIN M. AND RUSSELL F. ROHRS AND A~fENDING SECTIONAL
DISTRICT MAP 5,5-9 (EXHIBIT A.A. 689-A) was passed to second reading on
motion of Councilman Herrin, seconded by Councilman Evans~ ~nd unanimously
carried.
RES. 72-37 RESOLUTION 72-37 (~PPOSING
A.B. 232 ASSEMBLY BII~L 2~ was adopted on
motion of Cou~c~{qerrin, seconded
by Councilman Evans, and unanimously carried. *..
RES. 72-38
VA 71-65
ERICKSON PROPERTIES, INC.
R ESOLU TION~7~2-3g~UPHO LDING THE
DECISION OF THE PLANNING
COMMISSION AND ~PPROVING
VARIANCE APPLICATION 71-65 FILED
BY ERICKSON PROPERTIES,: INC., was adopted on motion of Councilman Herrln,
seconded by Councilman Evans, and carried, Councilmen Marke~l and Patterson
voted "No"
RES. 72-39 RESOLUTION 72-39 GRANTING APPEAL
APPEAL #298 #298 AND APPROVING VARIANCE
INTERSTATE BRANDS CORP. APPLICATION 72-16 FILED BY
INT~ERSTATE BRANDS CORPORATION
was adopted on motion of Councilman Herrin; seconded by Councilman Evans, and
carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Villa, Griset, Markel
Yamamoto, Patterson
None
RES. 72-41
PLAC ENTIA, ALL- AIVIERIC AN
CITY
RE~OLUTION 72~-4t~ ~ SPECIAL
RESOLUTION OF Tt4~ CITY COUNCIL
OF THE CITY OF SANTA ANA
COMMENDING THE CITY OF PLACENTIA
UPON ITS SELECTION TO BE AN ALL-AMERICAN CITY was adopted on motion
of Councilman Herrin, seconded by Councilman Yamamoto, and unanimously
carried.
CITY COUNCIL
-157- April 17, 1972
RES. 7Z-4Z RESOLUTION 72-42, ~,SPECIAL
CITY EMBLEM RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA ADOPTING
THE NEW EMBLEM SIGNIFYING THE CITY OF SANTA ANA was adopted on motion
of Councilman Herrin, seconded by Council-man Yamamoto, and carried on a 6-1
vote, Councilman Markel dissenting.
Councilman Markel asked that the following statement be incorporated into the
Minutes:
"Believe it or not, Santa Ana has its first official em~em since
its founding in 1869. Adapting an official emblem is a~rather
improtant procedure within a community and surely t~ us in Santa
Aha, because in over one hundred years we have never had an
official emblem. I believe it is important enough in Santa Ana
to give it more concern than to permit its design to be made and
approved in a corner of City Hall and then quickly passed on to
City Council for approval. . ?
"The design, consisting of an elevation of the new City Hall
and the old Orange County Courthouse, surely misses~ihe
subject in lending to posterity those things whic~l have,given
so much to Santa Ana. Surely the replica of big government
is no substitute for a design that would convey into posterity
the agricultural, industrial, cultural and christian image of
Santa Aha.
"The best of community expression has not been attained
in the image as portrayed in the official emblem at hanoi. Open
competition within our schools and/or our historical clubs
would have developed a much better image in portraying the
past, present and future for our City's emblematic character."
RES. 72-40 RESOLUTION 7g-mi0 AUTHORIZING
CONDEMNATION OF CONDEMNATION OF REAL PROPERTY
REAL PROPERTY FOR THE WIDENING OF FIRST STREET
BETWEEN TOWNSEND AND HESPERIAN
was adopted on motion of Councilman Herrin, seconded by C~)uncilman Yarnamoto,
and carried on a 6-1 vote, Councilman Markel voting NO.
RES. 72-43
STRUCTURAL TAX EXEMPTION
was read by title only.
On motion of Councilman Patterson,
seconded by Councilman Herrin, and
unanimously carried, Resolution 72-43
RESOLUTION 72-43 AUTHORIZING PETITION TO THE BOARD OF SUPERVISORS
OF ORANGE COUNTY REQUESTING EXCLUSION OF PROPERTY WITHIN THE
CITY OF SANTA ANA, CALIFORNIA, FROM THE LEVY OF ~,~Y ORANGE
COUNTY TAX TO PROVIDE STRUCTURAL FIRE PROTECTION AND MAKING
FINDINGS OF FACT was adopted on motion of Councilman Patterson, seconded
by Councilman Markel, and unanimously carried.
CITY COUNCIL -158- April 17, 1972
RAITT STREET PARK SITE Councilman Evans rn~ved to refer
this matter to the Planning COmmission
for review before consideration by
Council. IViotion was seconded by Councilman Villa.
Councilman Patterson agreed that matters involving planning should be determingd
by the Planning Commission, but stated~that this matter concerns funds and
financing, which is a Council decision.
Councilman Evans stated that this is a park site in the south part of Santa Aha where
there is concern at the moment regarding parks, and he would like to have the
Planning Commission thoughts as to whether the City should sell this property; that
eventually there should be a public hearing°
Councilman Villa stated he did not wish to argue the merits of referring the
matter back to the Planning Commission, but that he is against selling any porti6n
of this property; that the people in the South Warner area are objecting to lack
of services, such as parks and schools, and that perhaps the 14 acres involved shoul(~
be considered for a school site°
The City Manager stated that Staff is asking Council for authority to go out and talk
to the people in the community and expose the matter to public opinion; that the
property was not procured for park purposes; that it is heavy adobe soil, below the
drainage line, and the City bought it to get it off the market; that if it is not
developed properly, it can cause a continuing problem for the City as far as drainage
is concerned; that in its reduced size it is far larger than any other neighborhood
park in the City; and that there is already an elementary school located directly
to the west.
Councilman Evans stated that since the Council would not be authorizing sale of
the property, he would withdraw his motion; Councilman Villa concurred.
Councilman Patterson moved to authorize staff to hold public hearings with
neighborhood associations, Santa Aha school officials, and the Parks, Recreation
Open Space Cornrnittee of the Santa Ana Chamber of Commerce, to obtain their
sentiment regarding the proposed method of developing Raitt Street Park Site.
Motion was seconded by Councilman Evans, and carried unanimously.
TENTATIVE PARCEL MAP #731 Mro Van Stevens, 1840 E. 17th Street,
stated that this map was filed prior
to the moratorium declared by the
Council; that the purpose of the map was to get a decision on the alignment of
Raitt Street; that when they learned of the staff recorrimendation for denial, they
had insufficient time to consult with the owners of the property and requested
continuance of the matter to this me,ting; that the appeal was filed so they would
not jeopardize their position.
At the applicant's request, Councilman Evans moved to table Tentative Parcel
Map #731~ without prejudice° Motion was seconded by Councilman Markel and
unanimously carried.
CITY COUNCIL
-159- April 17, 1972
POOL TABLE APPLICATION Request from Edward E. Ri, ce for a
permit to operate pool tables at the
Silver Room,4202 W. First Street, was
approved on motion of Councilman Patterson, seconded by Councilman Markel,
and carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Markel, Villa, Evans, Herrin, Griset
Yamamoto
None
EDISON TRANSMISSION LINE Mr. Thomas Lacy of the Southern
California Edison Company stated that
this transmission line is very important
to the operation of their system; that the Santiago Substation located near the San
Diego and Santa Ana Freeways will be iied into the fEIlis Substation in the
Huntington Beach area; that they have been working in connection with the Orange
County Flood Control District and have acquired the right-of-way adjacent to
the Santa Aha River area south of Talbert; that the Flood Control District and
the Edison Company will build a recreational area -- trails, etc. -- to assist in
the Greenbelt Plan; that the only area where this route will be on public streets
is in the immediate area of the Santa Ana River and Talbert Road just easterly
of Harbor Boulevard; that the rest of the way it fronts on the railroad track right-
of-way; and that it will eventually tie in with a proposed substation to be located
on Grand Avenue and Dyer Road. He stated the 220 KV line will be carried on
hollow steel poles about four feet in circumference and 100 feet high.
The City Manager stated that a communication recently received by the City
indicated there would be eight out of 13 miles within the City of Santa Aha; that
in the opinion of the City, it will not look good; that staff is recommending that
every effort be made by the City to have the controlling agency, which is the
Public Utilities Commission, check into the matter to see if there is anbth'er ~solution;
that the railroad track mentioned by Mr. Lacy traverses a residential area; that
the Planning Commission was opposed to the proposed transmission line unless
it could be put underground.
Mr. Lacy stated that before steps are taken by the City, the Edison Company
would like to have the opportunity to demonstrate the plan and discuss the studies
that have been made; that it costs $20:1 to underground this kind of a line and that'it
is not economically feasible; that he could have a Corporate Officer notify the
Public Utilities Commission to delay action until the matter can be discussed
further with the City; that it could be brought back to the Council at the next
regular meeting.
Councilman Patterson stated he was in favor of the staff recommendation; that
the project would be delayed further if Council waits two weeks to decide to
ask for a hearing before the Public Utilities Commission. Mr. Lacy stated that
time is not critical and they would like to delay the matter until they can provide
more information to the City. He stated that the Public Utilities Commission
representative had received the City's telegram requesting delay, and that they
have indicated they will delay action.
CITY COUNCIL
-160- AprillT, 1972
EDISON TRANSMISSION LINE - (Continued)
Councilman Herrin's motion, seconded by Councilman Villa, to continue the
matter until the next regular Council meeting in order to allow the Edison Cormpany
to submit more detailed information, carried on a 6-1 vote, Councilman
Patterson dis s enting~
WARD RESIDENCY REQUIREMENT Councilman Herrin stated he can see no
FOR COUNCIL CANDIDATES particular value to the one-year residence
requirement for Council candidates; that
each Councilman is elected by the entire City, and therefore, is responsible for
the entire City and not just for his own ward.
Mayor Griset stated that he believes each Councilman is responsible for all of
the City~ but would not be in favor of changing the ward residency requirement.
In response to a question from Councilman Evans, the City Attorney stated that
the recent Court decision on residency requirements pertained to national electior~;
that in a local election, residence would have a more realistic relationship to the
over-all picture; and that the cases referred to evolved around the right to vote as
opposed to the right to be a candidate°
Councilman Evans stated that, based on the Attorney's opinion, he would be in
favor of placing the matter on the November ballot in regard to waiving the one-
year ward requirement and retaining the requirement for two years' residency
in the City°
Councilman Villa stated that, in order to avoid gerrymandering a candidate out
of his ward, the ward boundaries should be set a year before the election; that
he would not support placing this matter on the ballot because he believes candidates
should have one-year residency in the ward they will represent.
Councilman Patterson stated that he is more concerned with the requirement that
a candidate must be a registered voter for two years; that he would be in favor
of requiring a candidate to be a resident of the city for one year, and retain the
one-year residency requirement in the ward; that the ward has to have some
structure; that he would be in favor of placing the matter on the November ballot
and requiring a candidate to be a citizen of vo~ing age for one year.
Councilman Evans stated that if the ward boundaries are changed immediately,
they will still have to be changed again after the November elections, and asked
how much time a candidate would have to move back to his ward in the event he
is gerrymandered out. The Attorney stated it would be approximately 60 days.
Councilman Patterson moved that the City Attorney be instructed to draft a
proposed charter revision clarifying the definition on eligibility of Council
candidates° Motion was seconded by Councilman Villa and unanimously carried.
CITY COUNCIL
-161- April 17, 1972
STREET LIGHT INSTALLATION The staff report dated April ll, 1972,
SANTA CLARA AND WRIGHT concerning a request for a street light
at Santa Clara and Wright Streets was
received and ordered filed on motion of Councilman Herrin, seconded by Councilman
Evans, and unanimously carried.
APPRAISAL REPORT The appraisal report of the Present
PRESENT CITY HALL City Hall, Z17 North Main Street, dated
March 15, 1972 prepared by Goode and
Goode, was received and referred to staff to explore possible uses or alternatives
for disposal of the City Hall on motion of Councilman Yamamoto, seconded by
Councilman Patterson, and unanimously carried°
APPRAISAL REPORT
WILLOWICK GOLF COURSE
The Council received the appraisal of
the Willowick Golf Course, prepared
by Goode and Goode, dated March 15, 1972.
The Mayor stated that the City of Santa Ana was requested by Garden Grove to
de-annex the Willowick Golf Course which prompted an appraisal of the land on
a basis of open space; that the present zoning is R 1o
Councilman Markel stated this matter will be a laborious one to make a deter-
mination on; that he believed Council should have more time to study the appraisal
before making a determination; and stated he would like to have the matter
continued to the next meeting.
Councilman Herrin stated that the report indicates the total amount of money
outstanding by the City of Garden Grove on the property is far in excess of the
appraised market value; that the amount of money involved would make it very
difficult for the City to cope with the financial involvements to make it a paying
facility.
Councilman Patterson stated that he would like to pursue the purchase of Willowick;
that to de-annex the property to Garden Grove would not be in the best interests of
the City of Santa Aha or of the community at large; that he would be in favor of
retaining it as a permanent open space and golf course.
Councilman Villa stated that he is opposed to de-annexation and would be in
favor of buying the property; but suggested that if a commitment is made, or
a covenant, perhaps the City would be in the same position in two or three years
that they are now in with the Irvine Company, where it has been ruled that one
Council cannot bind another.
Councilman Yamamoto stated that he is opposed to de-annexation, but is not in
favor of purchasing t~e golf course at the appraisal price; and that financially
it will be a burden to the City.
Councilman Patterson's motion, seconded by Councilman Villa, to convey to the
City of Garden Grove a Letter of Intent that the City Council desires to negotiate
for the purchase of Willowick Golf Course, and to instruct the staff to study,
review, and advise the Council on alternative methods of financing the purchase
on a pay-as-you-go basis in the event the property is purchased, carried on the
following roll call vote:
AYES: Patterson, Villa, Yamamoto, Markel
NOES: Evans, Herrin, Griset
ABSENT: None
CITY COUNCIL
-16Z- April 17, 1972
APPRAISAL REPORT
WILLOWICK GOLF COURSE - (Continued)
Prior to the vote, Councilman Evans stated that he believed the citizens of Santa
Ana should be offered the opportunity of a public hearing before the Letter of
Intent is submitted; that he is opposed to the purchase.
Councilman Herrin stated it would not be difficult to compute possible returns
to the City; that Santa Ana would not be able to buy the property from Garden
Grove for less money than they have invested; and that by estimating the number
of plays on a yearly basis, it could be determined whether or not the operation
could be put on a paying basis.
Mayor Griset stated he would be opposed to development of the land as residential;
that it is extremely important to the future of the City that this be maintained as
open space; that he was not in favor of the motion; that the City could not buy the
land at the appraisal price.
Councilman Markel stated that the City of Long Beach has been able to make a
tremendous success out of their golf courses; that the City should provide
recreation for tots, teens, juniors, adults, and senior citizens, and that there
is no reason why we shouldn't aspire to giving some area for the pleasure of those
people who like to play golf.
Councilman Patterson stated it was not the intent of the motion to buy the land
at any price; that he just wanted to communicate something to the City of Garden
Grove that we are interested in purchasing the golf course, and then requesting
the staff to suggest procedures; that receipts from the golf course are in excess
of $125, 000 annually; that by 1978 all costs of development will be paid; that the
City of Garden Grove is paying $40,000 a year in taxes; that the City of Santa Aha
would save that much; that the City would be in a good position to operate the golf
course and make a profit.
RECESS
A recess was declared at 4:50 P.M.
The meeting reconvened at 5:00 P.M.
with all Councilmen present.
ORAL COMMUNICATIONS In response to Councilmam Villa's
PARK, SECOND AND FLOWER request for information regarding the
development of the park at Second and
Flower Street, the City Manager advised that any work done by City force in the
park would amount to less than $2000; and that some grading had been done by
City equipment but everything else is being bid.
ORAL COMMUNICATIONS Councilman Herrin asked if the other
PROPOSITION #9 members of Council had seen the
communication from the California Water
Resources Association regarding Proposition #9; and that he would suggest the
Council adopt a Resolution opposing the Proposition which will be carried on the
June ballot.
CITY COUNCIL -163- April 17, 1972
ORAL COMMUNICATIONS Councilman Patterson stated that each
S.B. 325 Councilman had received a copy of
Supervisor Clark's letter dated April
4, regarding joint use of Senate Bill 325 funds by Orange County cities in
conjunction with the Greenbelt Program. He stated that all cities will be
requested to vote on the matter at the next Orange County League of Cities
meeting and requested that the letter be carried on the next agenda in order
to instruct the League delegate how to vote°
RECESS At 5:10 P.M., the meeting was recesse~t
to 7:30 P.M., at which time it was
reconvened with all Councilmen present.
Following the Pledge of Allegiance to the Flag, the Invocation was given by the
Reverend Glenn McFarland, Reformed Presbyterian Church°
APPEAL #295 The Mayor opened the public hearing
VA 72-15 on Appeal #Z95 filed by Charles B.
CHARLES B. LINGER Linger appealing the Planning Commission's
denial of Variance Application 72-15 to
allow expansion of a non-conforming commerical use with less than required parking
in the C 1 FID II District at 326, 328, 330 Wo 17th Street. At its regular meeting of
April 3, 1972, Council voted to reconsider this matter and to set it for a new public
hearing.
The Planning Director reviewed the variance application, stating that the variance
was requested by the applicant in an attempt to recover most of the area he will lose
by condemnation; that there is no way, with the dimensions of this lot, to have a
parking facility which would meet the standards of the zoning code; that the applicant
has filed a new plot plan proposing to extend the existing south wall of his building
to the west wall of the adjacent cleaning establishment; that this would add
approximately 252 square feet of space on the ground floor only; that the six
parking spaces indicated on the plot plan would not be feasible, since the Code
does not allow tandem parking, and will not allow vehicles from a commercial
lot to back onto a public street, and this is the only way in which this lot could
operate; that any parking that could be provided would be a continuation of the
legal, non-conforming parking and would be achieved by Council waiving the
parking requirements and standards as part of the variance.
The Clerk reported no written communications had been received.
Mrs. Arthur Wade, 925 River Lane, stated that they own the lots adjoining this
property to the east and the south; that after buying the lot at 322 W. 17th Street
to provide additional parking for their office, they read of the City's plan to
widen 17th Street; that they contacted the Planning Department and learned of the
parking ordinance; that on the basis of this information they purchased the
adjoining property on Durant Street; that there was no opposition to the purchase
from Mr. _~Linger; that after they had gone to the expense to keep their property
within the limits of the zoning ordinance, both as to square footage and to parking,
allowing an adjacent property owner to avoid providing parking and to expand a
non-conforming use amounts to rewarding the person who economized by not
buying additional land.
CITY COUNCIL -164- April 17, 1972
APPEAL #295
VA 72-15
CHARLES B. LINGER - (Continued)
Mrs. Charles B. Linger stated that they had tried to buy the property on numerous
occasions, and were not aware that it was for sale when Mrs. Wade purchased it.
There were no further proponents or opponents, and the Mayor closed the public
hearing.
Councilman Evans stated that, if the variance is approved, he would be in favor
of limiting it to one business.
Councilman Markel stated that if the parking requirements are waived, much of the
parking for this business would have to be in the public street, denying street
parking to other people in the neighborhood.
Councilman Patterson stated that he would concur if this were a new building, but
this is an existing building which is a legal, non-conforming use, and as such, the
fact that they have three parking spaces is a legal use under the present ordinance.
Councilman Herrin stated that la the future, the City will be dealing with many of
the same kind of action, and that a formula should be developed in order that Council
will have a guideline to follow in considering future requests.
Councilman Patterson moved to grant appeal #295 and instruct the City Attorney
to prepare a Resolution approving Variance Application 72-15 subject to conditions
of approval contained in the Planning Director's report, and vary the parking
requirements and standards as they apply to this site. Councilman Villa seconded
the motion.
Councilman Evans stated he would be in favor of the motion if it were amended
to state that the premises would be limited to two uses. Councilmen Patterson
and Villa concurred. The amended motion carried on the following roll call vote:
AYES:
NOES:
ABSENT
Patterson, Villa, Evans, Herrin, Griset, Yamamoto
Markel
None
CUP 72-3 The Mayor opened the public hearing on'
STANDARD OIL COMPANY Conditional Use Permit 7Z-3 filed by
OF CALIFORNIA Standard Oil Company of California to
allow the manufacture, distribution and
sale of agriculture chemicals in the M Z District at 1016 Santiago Avenue; APPROVED.
The Director of Planning stated that notices were mail'ed, on an occupant basis,
to all parcels bordered by Garfield~ Washington, Lincoln and Santa Aha Boulevard,
and that each envelope contained a notice in Spanish and one in English; that g68
notices were mailed and 87 were undelivered; that this was due to the Assessor
Parcel numbering system. He stated that discussions were held with residents of
the area and with a representative of the firm; that the company has been in its
present location since 1954; that it was isolated at the time it located there, but
during the intervening years, development has taken place; that the plant has been
handicapped since the flood several years ago when the railroad bridge was wiped
out. He stated that the Planning staff had contacted a tenant who lived in a nearby
CITY COUNCIL
-165- April 17, 1972
CUP 72-3
STANDARD OIL COMPANY OF CALIFORNIA - (Continued)
apartment complex, who reported no problems from the emission of odors; that the
user of the proposed plant indicated ordors would occur infrequently; that there is
sometimes substantial spillage in the process of pick-up or delivery of liquid
ammonia, but the odor dissipates fairly rapidly; that there are two other chemical
plants in the general area. He stated that the Fire Department shows some concern
about explosion and fire hazards which could occur under certain conditions. He
further stated that they could find no evidence that the re would be any obnoxious
odors; that the only concern is that of the Fire Department.
The Clerk reported no written communications had been received.
Mr. Donald C. Horrall, 11385 La Bonita, Santa Ana, representing the Larry
Fricker Company, stated that company has been in operation in this area since
1939; that there have been no problems in connection with odors; that they recognize
the possible hazards and that all precautions are taken.
There were no further proponents or opponents in the matter, and the Mayor
closed the public hearing.
In response to a question from Councilman Patterson concerning the explosive
quality of certain fertilizers when contaminated with oil, Mr. Horrall stated that
some of the insecticides they manufacture contain oils, but these will be stored
in sealed cans in a separate building which will be well ventilated, reducing the
possibility of combustion.
Councilman Yamamoto stated that there is a potentially dangerous situation from
poisonous fumes, as well as explosion, and in all fairness to the people living in
the area, he would not be in favor of approving the Conditional Use Permit.
Councilman Herrin stated that the Findings indicate that all Fire Code requirements
are met and that he has not been able to find anything which would cause him to
be opposed to the application.
Councilman Herrin!s motion, seconded by Councilman Markel, to uphold the
decision of the Planning Commission and instruct the City Attorney to prepare
a resolution approving Conditional Use Permit 72-3 subject3~ all conditions
of approval as contained in the Commission report, carried on the following roll
call vote:
AYES:
NOES:
ABSENT:
Herrin, Markel, Villa, Evans, Griset, Patterson
Yamamoto
None
CITY COUNCIL
-166 -
April 17, 1972
APPEAL #299 The Mayor opened the public hearing
CUP 72-7 on Appeal #299 filed by Arthur Kenneth
ARTHUR KENNETH BRIA4LOW Brimlow appealing the Planning
Commission' s denial of Conditional-Use
Permit 7Z-7 to operate a wrecking yard in the M 2 District at 834 E. Washington.
The Director of Planning stated that wrecking yards are not a permitted use in any
area of Santa Ana; that only in the M 2 zone is the use permitted by granting of a
Conditional Use Permit; that this operation was started up illegally and caught by
the investigator; that both the staff and the Planning Commission recommended
very strongly against the issurance of the CUP to legalize this use.
The Clerk reported no written communications had been received°
Mr. Arthur Brimlow, owner, stated there has never been a wrecking operation
on the facility; that they have some complete automobiles that are parked there;
that they are being stored at the present time; that the tenant just east of the
property has indicated to him personally that she has no objection to using the
property as proposed; that she would like to eventually purchase the property
and construct a tamale factory; that he would like to have an auto rebuilding
operation which would involve some dismantling, but not an auto wrecking project;
that he will construct a fence that will fully screen the property.
Mrs. Helen Rogas, 1337 Custer, stated that she is opposed to the wrecking yard;
that the cars are not usable; that there are five wrecking yards within their
neighborhood; that she is opposing the appeal on behalf of the neighborhood.
Mr. Alex Acevedo, 306 E. Fourth Street, stated he was present on behalf of
the Logan Community who are protesting the wrecking yard.
Mrs. Martha Vargas, 1502 So Grand, stated that she represents most of the -
people from the Logan area; that she saw holes being dug for the fence which
Mr. Brimlow has erected, but thought he had the approval of the City; that there
are pieces of cars in the yard°
Mr. Melchior Vargas, 1502 S. Grand, stated that he owns the property at 938
E. Washington; that he is protesting the issuance of the permit for the use of
this property; that it is ruining the neighborhood and the community.
There were no further proponents or opponents, and the Mayor closed the
public hearing°
Councilman Yamamoto spoke in opposition to the appeal. Councilman Patterson
stated that the wrecking yard is illegal; and any expansion of the use should not
be permitted in that area, Councilman Markel stated it is his understanding that
as soon as money is available, most of that area will be redone; that wrecking
yards in the City will be necessary, and they should not be scattered all over the
City.
Councilman Evans stated that 40% of the wrecking yards of Orange County are
in Santa A_ua, and he is opposed to any more.
CITY COUNCIL -167- April 17, 1972
APPEAL #299
CUP 72-7
ARTHUR KENNETH BRIMLOW - (Continued)
Councilman Evans motion, seconded by Councilman Villa, to uphold the decision
of the Planning Commission and instruct the City Attorney to prepare a resolution
denying Conditional Use Permit 72-7, carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Evans, Villa, Herrin, Griset,
Markel
None
Yamamoto, Patterson
R EC ESS
At 8:50 P.M., a recess was declared.
The ~meeting was reconvened at 8:55 PoM.
with all Councilmen present.
APPEAL #300 The Mayor opened the public hearing
VA 72-9 on Appeal #300 filed by Shannon J. Eller
SHANNON J. ELLER appealing the Planning Commission's
denial of Variance Application 72~9 to
allow covered parking in the R 2 B District to serve proposed apartments in the
C 1 District at 817½ S. Main Street.
The Director of Planning stated that apartments are a permitted use in the C 1
District over a wholly commercial' ground floor use; that the proposal would
involve the construction of a new building; that the second floor will be a number
of bachelor apartments; that the reason for the variance involves parking; that
the portion of the lot that fronts on Cypress is zoned R 2B which requires open
parking; that the applicant is proposing to erect carports because of the apartment
use, which requires covered parking; that nne parking stall is required for each
apartment unit, plus 14 open spaces for commercial uses; that the staff
recommended denial because they feel this would set a very bad precedent in
that the B District would be used for something for which it wasn't created.
The Clerk read aloud a letter dated April 17 from E~ 3illson, 1438 Sm Main Street,
in favor of the appeal. The accompanying pictures were presented to the Council.
Mr. Henry Foster spoke on behalf of the applicant, stating that the proposed
construction would enhance the neighborhood; that everything conforms to
Code except the covered parking area; that the R 2 zoning entitles Mr. Eller
to erect an R 2 building, which would also entail covered parking; that they are
trying to put a good project in the South Main Street area; and he presented a
color rendering of the proposed project.
Mr0 Rummel, 812 S. Main Street, stated that he has a place of business across
the street from the proposed unit; that Main Street probably needs new life, but
he opposes this construction; that there is a small apartment right next to the
property under consideration where there have been rather disagreeable tenants
who caused police calls, etc; and that it will cause a traffic problem along South
Main Street.
CITY COUNCIL
-168- April 17, 1972
APPEAL #300
VA 72-9
SHANNON J. ELLER - (Continued)
Mr. Orson H. Hunter, 1600-H N. Mabury, stated he owns the property at 830 S.
Mal/~ Street; that this is not the first time Mrs. Eller has endeavored ~o use her
property beyond its limits and without regard to its effect on South Main Street;
that the frontage on Main Street will be what amounts to a tenement; that it
should be preserved as a business area; and that you can't maintain a business/
cornrnercial area with that type of construction.
Mr. Ted Jessee stated he owns 300' of frontage in the 1000 block of South Main
Street; that for 20 years it has been the intent to maintain South Main Street as
a business street; that the R 2B zone was created as a device to facilitate the
development of Main Street without injuring the residential areas backing it up;
that there has been trouble developing it because the lots were 50' and residentially
inhabited; that with the advent of the parking zone requirements, these lots became
inadequate to maintain good substantial business enterprises; that Mrs. Eller has
tried to cooperate in developing this property; but that the danger to South Main
Street's future in business would be the encroachment of apartment house parking
on the street; and he suggested a reduction in the number of covered parking
stalls.
Mr. Hunter stated that this is a misuse of the property; that it is a C 1 District;
and that the apartments would affect the business atmosphere and business future
of Main Street.
Mr. Foster stated that, basically, they have met the requirements of the zone; that
the President of the South Main Street Association expressed personal approval of
the plans and thought it would be a big help to South Main Street.
There were no further proponents or opponents, and the Mayor closed the public
hearing.
The Mayor re-opened the hearing to allow Mrs. Jennifer Partridge, 825 Cypress
to speak. She stated that this will be a great improvement on South Main Street,
and everyone on the street is very happy about the project and is hoping it will be
approved. The Mayor closed the hearing.
Councilman Patterson stated that IViain Street needs new development but the issue
is whether it is good or bad development; that the proposed construction provides .
no open space; that the apartments face a driveway; that it is a good place for a
business, but not a desirable place to live; and that the appeal should be denied.
Councilman Herrin stated that if the appeal is denied the property will continue
to remain with the two old houses, which is not the most desirable use of the land;
that perhaps it is the hope that someone will develop it as business, but that seems
very unlikely; that if it would be permitted to reduce the number of covered parking
areas it would be more acceptable°
In response.to Councilman Evans' question, Councilman Markel stated that he did
not know if the South Main Improvement Association was opposed to it, but that
Mr. Jillson was the Association president.
CITY COUNCIL
-169- April 17, 1972
APPEAL #300
VA 72-9
SHANNON J. ELLER - (Continued)
Councilman Evans stated that he did not think this was the right use for the
property; that South Main Street should remain commercial.
Councilman Markel stated that at the present time there is an old building facing
Main Street and an old building facing Cypress; that both streets would be enhanced
if those buildings were demolished; that the new plan will improve South Main Street°
Councilman Patterson's motion, seconded by Councilman Evans, to uphold the
decision of the Planning Commission and instruct the City Attorney to prepare a
resolution denying Variance Application 72-9, carried on the following roll call
vote:
AYES:
NOES:
ABSENT:
Patterson, Evans, Villa, Griset, Yamamoto
Her rin, Markel
None
APPEAL #301 The Mayor opened the public hearing
VA 72-18 on Appeal #301 filed by Western Union
WESTERN UNION REALTY COMPANY Realty Company appealing Planning
Commission' s approval of Prudential
Overall Supply Variance Application 72-18 to operate an automobile repair garage
and impound yard in the M 1 and M 2 Districts at 700 S. Hathaway Street.
The Director of Planning stated that this appeal was filed by the owner of the
property to the north of the proposed impound yard and repair garage; that
basically, this is a proposal to initiate this type of operation in this location; that
it would be occupied by the ]Ben Warner Garage facilities; that the proposal as
presented to the Planning Conarnission would be the eventual discontinuance of the
other three locations currently used by the Ben Warner operations, which was
included as a condition of approval by the Planning Commission; that the staff
questions the City's right to bind a man's other properties as a condition to the
use; that staff recommended denial of this proposal based on the fact that it would
be adding to an already disproportionate number of auto wrecking yards in Santa
Ana, and that this would be a detrimental influence on the 164-unit apartment
complex, separated by a 20 foot railroad right-of-way.
The Clerk reported no written communications had been received.
Mr. Vic Warnecke, representing Western Union Realty Corporation, stated that
they control the property north of the subject property; that they acquired
approximately 40,000 square feet with the intention of developing it for the Western
Union Telegraph Company; that they plan to develop this property into a high-grade
facility which will enhance the area; that it will be devoted mainly to a computer-
type operation, and another portion to customer training and technicimn facility;
that if this variance is allowed, it would be another non-conforming use and would
defeat what they are trying to accomplish as a major corporation in the Santa Ana
area; that they did not appear before the Planning Commission for the reason that
notice did not reach them in time; that an impound yard would not be in the best
interests of the area.
CITY COUNCIL -170- April 17, 1972
APPEAL #301
VA 72-18
WESTERN UNION REALTY COMPANY - (Continued)
Mr. Tom Criteser of the Western Union Telegraph Company, stated that he would'
operate the £acility that Mr. Warnecke proposes; that they would be putting in a
facility that would upgrade the area; that they propose to bring into this complex
other facilities now located in Orange, Anaheim, and Fullerton; and that they
would hesitate to proceed with their plans if the area is going to be downgraded.
Mr. Clarence Walton, Z01 S. Broadway, stated that the property adjacent to the
Western Union Realty property has outside storage, as allowed in the M 2 zone;
that in the lot beyond his is an M Z fence yard which has siding off the Southern
Pacific Railway track; that there are apartments to the rear, but by measuring
straight back, they are about 120 feet away; that there is a building 45 feet to the
northwest with no windows in the rear; that the Planning mepartmentproposed an
eight foot block wall; that the front will be landscaped and the impound part of the
yard will not be visible unless you cokne to the gates; that there would be outside
storage on Hunter Street in the M Z zone; that they would be decreasing the number
of yards in the City by this use.
There were no further proponents or opponents, and the Mayor closed the public
hearing.
Councilman Patterson stated that he concurs with the staff recommendation; that
three points were made -- Santa Aha has 40% of the wrecking yards in Orange
County; apartments are nearby; and the testimony of the Western Union people;
that it goes back to good versus poor development.
In response to a question by Councilman Herrin, the City Attorney stated that
the Council is given unlimited discretion in granting or denial of variances; that
the Council is to some extent guided by precedence; but that each variance ~lepends
upon its own particular facts.
Councilman Herrin stated there is a need for auto salvage operations; that approval
has been granted to the same type of operation in the same area; and that he would
be in favor of granting the appeal.
Councilman Evans stated that if three wrecking yards were discontinued and
replaced by one, he would be in favor of granting the appeal.
The City Attorney stated that the question had been raised as to whether or not
Council can impose a condition on other properties as a condition to granting a
variance on still another property; that perhaps the matter should be continued
in order to get a definite answer; that, however, if the variance is denied, it is
a moot point.
Mr. Warnecke stated that if such a condition is not valid, instead of eliminating
three impound yards, the City might be gaining one.
Mr. Waldo Haug, , 827 N. Bristol, stated that the conditions of appro~zaI of'the
Planning Commission were that there be no dismantling or sale of parts; that the
other three wrecking yards are legal non-conforming uses, and when they are
abandoned the use will not go with the land.
CITY COUNCIL -171- April 17, 197Z
APPEAL #301
VA 72-18
WESTERN UNION REALTY COMPANY - (Continued)
The City Attorney stated that is correct, provided they are abandoned for a year,
Councilman Patterson stated that he did not believe eliminating three yards is
a valid argument°
Councilman Patterson' s motion, seconded by Councilman Markel to grant the
appeal and instruct the City Attorney to prepare a resolution denying Variance
Application 72-18 carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Markel~ Evans, Yamamoto
Villa, Herrin, Griset
None
ADJOURNMENT
10:30 P,M.
On motion of Councilman Nerrin, seconded
by Councilman Yamamoto, and unanimously
carried, the meeting was adjourned at
Clerk of the Council
CITY COUNCIL -172- April 17, 1972