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HomeMy WebLinkAbout05-05-1969MINUTES OF THE REGULAR MEETING O17 THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA May 5, 1969 The meeting was called to order at 2:00 P. M~ ~ in the Council Chambers, 217 North Main Street, with the following Councilmen present: Wade Herrin, Walter Brooks, J~ Ogden Markel, Jerry M. Patterson, Thomas W. Thurman, Ray Villa, and Mayor Lorin Griset. Also present were City Manager Carl J. Thornton, City Attorney William L. Mock, Director of Public Works Donald Wolford, Senior Planner James Deshler, and Clerk of the Council Florence I. Malone. MINUTES On motion of Councilman Herrin, seconded by Councilman Villa and carried, the Minutes of the Regular Meeting of April 21, 1969, were approved as submitted,' COMMUNITY CLIMATE APPRAISAL James Gilmore' presented a report FOR INDUSTRY AND BUSINESS from the Industrial Division of the Chamber of Commerce entitled "Community Climatel Appraisal for Industry and Business", prepared by the Business Climate Committee of the Industrial Development Division of the Chamber of Commerce. I. R.. SPECTROPHOTOMETER SPEC. 641-154 TRANSPORTATION VAN On motion of Councilman Herrin, SPEC. 641 -153 seconded by Councilman Patterson and carried, Council ordered filed report of bids received for Transportation Van for Police Department, Spec. 641-153; awarded contract to the low bidder, Tommy Ayres Chevrolet; and rejected all other bids. On motion of Councilman Herrin, ' seconded by Councilman Brooks and carried, Council ordered filed report of bids received for Infra Red Spectrophotometric Analysis System; awarded contract to Perkin-Elmer for Items 1 and 2 plus part of Miscellaneous Equipment (No. 4) and to Sargent-Welch for Item 3 (split award based on low price by item); and rejected all other bids. SANITARY SEWER SIPHON On motion of Councilman Herrin, PROJECT 3008 seconded by Councilman Brooks and carried, Council ordered filed report of bids received for Project 3008 - Construction of Sanitary Sewer Siphon under Santiago Creek at Aloha Street and Sanitary Sewer in River Lane (and Easement) from Bristol to Baker; awarded contract to the low bidder at unit prices, Brage Construction Company; and rejected all other bids. CITY COUNCIL 194 May 5, 1969 FOUR IX)OR SEDAN e,% ~ ~% The 'City Manager reported that it SPEC. 641-145 was neCeSsary to replace a totally wrecked police vehicle; that he recommended purchase under Specification No. 641-145 in order to take advantage of fleet prices quoted last November and because special quotations could not now be obtained for delivery of this year's models. On motion of Councilman Brooks, seconded by Councilman Patterson and carried the City Manager's recommendation was approved and the purchase of one four-door sedan for the Police Department, under Specification No. 641-145, from the low bidder, Monte E. Peters Chrysler Plymouth was authorized. BID CALL £~e ~ c~ ~ ~- On motion of Councilman Herrin, seconded by Councilman Brooks and carried, Council approved plans and specifications and authorized advertising for bids for Project 3007 - Construction of a Sanitary Sewer in Memory Lane and Roe Drive from'Bristol to Main and Construction of Street Improvements in Memory Lane from Bristol to Flower, opening May 27, 1969. READING WAIVED The full reading of ordinances and resolutions, the titles of which appeared on the public agenda, was waived, on motion of Councilman Herrin, seconded by Councilman Brooks and unanimously carried. Due to a conflict of interest on the next item, Mayor Griset relinquished the Chair to Vice Mayor Herrin and excused himself from the Council Chamber. ORD. NS-965 - A,A. 640 C8q~/ ORDINANCE NS-965 CHANGING FRANCIS E. GRISET DISTRICT CLASSIFICATION ON AMENDMENT APPLICATION 640 FILED BY FRANCIS E. GRISET AND AMENDING SECTIONAL DISTRICT MAPS 25-5-10 AND 36-5-10 (EXHIBIT AA 640 B) (Change of District Classification from A 1 to the R 1, R 4, and CR Districts, east side of Bristol and north and so~th of proposed MacArthur Boulevard) was adopted, on motion of Councilman Thurman, seconded by Councilman Villa, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Brooks, Markel, patterson, Thurman, Villa None Griset Mayor Griset resumed the Chair: CITY COUNCIL 195 May 5, 1969 ORD. NS-966 -A.A. 641 ORDINANCE NS-966 CHANGING DOUGLAS CORRIGAN DISTRICT CLASSIFICATION ON AMENDMENT APPLICATION 641 FILED BY DOUGLAS CORRIGAN AND AMENDING SECTIONAL DISTRICT MAP 36-4-10 (EXHIBIT AA '641 A) (Rezoning property on south side of Orange Road east of Westwood Avenue from the A 1 to the R 1 District) was adopted, on motion of Councilman Brooks, seconded by Councilman Markel, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Brooks, Markel, Patterson, Thurman, Villa, Griset None None ORD. NS-967 - A.A. 642 ORDINANCE NS-967 CHANGING SANTA ANA PROPERTIES DISTRICT CLASSIFICATION ON AMENDMENT APPLICATION 642 FILED BY SANTA ANA PROPERTIES AND AMENDING SECTIONAL DISTRICT MAP 8-5-9 (EXHIBIT AA 642 B) (Rezoning property on north side: of Fourth Street east of the Santa Aha Freeway from the R 1 to the LP District) was adopted, on motion of Councilman Herrin, seconded by Councilman Patterson, on the following roll call vote: AYES: Herrin, NOES: None ABSENT: None Brooks, Markel, Patterson, Thurman, Villa, Griset ORD. NS-968 - ANGLE PARKING ORDINANCE NS-968 AMENDING THE SANTA ANA MUNICIPAL CODE BY · ' AMENDING SECTION 3264 OF PART 6, CHAPTER 2, ARTICLE III THEREOF RELATING TO ANGLE PARI~ING was passed to second reading, on motion of Councilman I{errin, seconded by Councilman Thurman, on the following roll Call vote: AYES: Herrin, Brooks, Patterson, Thurman, Villa, Griset NOES: Markel ABSENT: None ORD. NS-969 ORDINANCE NS-969 AMENDING THE ONE-WAY STREETS SANTA ANA MUNICIPAL CODE BY AMENDING SECTION 3272 OF PART 7, CHAPTER 2; ARTICLE III THEREOF RELATING TO ONE-WAY STREETS was passed to second reading, on motion of Councilman Thurman, seconded by Councilman Villa, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Brooks, Patterson, Thurman, Villa, Gris~t Markel None CITY COUNCIL 196 May 5, 1969 RES. 69-62 ~'~ ~ 59 RESOLUTION 69-62 EMPLOYING WATER METER ANTITRUST RUTAN AND TUCKER AS COUNSEL FOR CITY IN THE PROSECUTION OF LAWSUIT RE POSSIBLE WATER METER ANTITRUST VIOLATIONS was adopted in accordance with the letter dated March 25, from Rutan and Tucker to the City Attorney, on motion of Councilman Thurman, seconded by CounciLman Patterson and unanimously carried. RES. 69-66 - NO PARKING AND RESOLUTION 69-66 PROHIBITING NO STOPPING ZONES PARKING ON PORTIONS OF FOUR~I STREET AND FRENCH STREET AND ESTABLISHING A "NO STOPPING" ZONE ON THE SOUTH SIDE OF FIFTH STREET FROM ROSS STREET TO FRENCH STREET AND ESTABLISHING "NO PARKING" ZONES ON GOLDEN CIRCLE DRIVE was adopted, on motion of Councilman Herrin, seconded by Councilman Brooks and unanimously carried. RES. 69-68-AIRPORT LAND USE COMMISSION motion of Councilman Brooks, following roll call vote: RESOLUTION 69-68 OPPOSING THE FORMATION OF AN AIRPORT LAND USE COMMISSION was adopted, on seconded by Councilman Herrin, on the AYES: NOES: ABSENT: Herrin, Brooks, Patterson, Thurman, Villa, Griset Markel None RES. 69-69 RESOLUTION 69-69 AUTHORIZING AMICUS CURIAE BRIEF THE CITY OF SANTA ANA, THROUGH THE CITY ATTORNEY, TO PARTICI- PATE IN AMICUS CURIAE BRIEF IN THE CASE, BISHOP v. CITY OF SAN JOSE was adopted, on motion of Councilman Patterson, seconded by Council- man Villa and unanimously carried. RES. 69-70 - DEEDS ~,~ RESOLUTION 69-?0 ACCEPTING NO CASH DEEDS FOR WHICH THE CITY IS PAYING NO CASH CONSIDERATION (Landry and Vorwerck, Southern California Baptist Convention, All-State Management, Inc., Wm. Lyon Development Co., Inc. ) was adopted, on motion of Councilman Herrin, seconded by Councilman Brooks and unan- imously carried. RES. 69-71 - QUITCLAIM DEED RESOLUTION 69-71 AUTHORIZING EXECUTION OF QUITCLAIM DEED FOR VEHICULAR ACCESS RIGHTS TO OWNERS OF RECORD WITH NO CASH CONSIDERATION was adopted, on motion of Councilman Herrin, seconded by Councilman Brooks and unanimously carried. CITY COUNCIL 197 May 5, 1969 RES. 69-72 - DEED WITH. CASH RESOLUTION 69-72 ACCEPTING DEED "' ~0R WHICH THE'CITY IS PAYING CASH CONSIDERATICXN (Behr Process Corp. ) was adopted, on motion Of Council~nan Herrin, :seconded by Councilman Markel and unanimously carried. JOINT LAND USE AGREEMENT Execution by the Mayor of an agreement with Tustin School District for joint use of area north of the Gladys Wallace School within the area of Portola Park was authorized, on motion of Council- man Patterson, seconded by Councilman Villa and carried. TRAFFIC SIGNAL AGREEMENT On motion of Councilman Brooks, seconded by Councilman Patterson and carried, exec6tion by the Mayor of an agreement between County of Orange and the City of Santa Ana for the cooperative financing of a new traffic signal at Dyer Road and Red Hill was authorized. ENCHANTED CORNER A letter from Natalie Manicke requesting Council aid to help keep the Cerebral Palsy store, "Enchanted Corner", 'at the location of Fourth and Main Streets was referred to the Santa Ana City Center Association, on motion of Councilman Patterson, seconded by Councilman Thurman and carried. COSTA MESA RESOLUTION The Council considered the copy of AB 1356 - FIRE FIGHTERS Resolution 69-32 from the City of Costa Mesa, urging adoption of AB 1356, which would place fire fighters in cities under the Employer- Employee Relations Act. It was moved by Councilman Patterson, seconded by Councilman Thurman and carried, to endorse the Costa Mesa resolution and the staff was authorized to communicate with the League of California Cities and our legislative repPesentatives, expressing the Council's endorsement and support of AB 1356. ORANGE COUNTY FAIR The communication from Jim Garvey, Feature Exhibit Supervisor, Orange County Fair, reminding Council of the Orange County Fair dates July 15 through July 20 and to reserve exhibit space as soon as possible, was considered. Council discussed types of display~ expense involved, whether the matter should be handled by the Centennial Committee, and possibility of using the CITY COUNCIL 198 May 5, 1969 facilities of the Bowers Museum in connection with the display. It was moved by Councilman Villa, seconded bY Councilman Thurman and carried, that the matter be turned over to the Centennial Committee to prepare an exhibit for the Orange County Fair, not to exceed $6, 000 in cost, with the suggestion that the facilities of the Bowers Museum be used in the exhibit. SCAG ~+~ Council considered the letter from Southern California Association of Governments (SCAG) asFAng that the City of Santa Ana join ~he association. A motion by Councilman Villa, seconded by Councilman Brooks, to join the association, was tabled to the May'19 Council meeting for more information regarding cost, et cetera, on motion of Councilman Thurman, seconded by Councilman Patterson and carried. ACCOUNTANTS' REPORT a ~' The Accountants' Report, filed by Diehl, Evans and Company, independent auditors, for the six months ending December 31, 1968, was ordered filed, on motion of Councilman Markel, seconded by Councilman Herrin and carried. TRAFFIC on motion of Councilman Herrin, carried. Report of control devices removed or installed March 12, 1969 through April 18, 1969 was ordered filed, seconded by Councilman Brooks and ALCOHOLIC BEVERAGE q~, On motion of Councilman Herrin, LICENSE APPLICATIONS seconded by Councilman Brooks and carried, the following Alcoholic Beverage License Applications were ordered filed: Moby Dick, 1471 S. Main, New On Sale Beer & Wine; Erhart, 4414 W. Westminster, On Sale Beer, Person Transfer; Pour House, 815 E. 1st, On Sale Beer, Person Transfer; Pizza Man, 222 S. Main, New Off Sale Beer & Wine; Club House, 2720 N. Main, New On Sale Beer. Due to a conflict of interest, Councilman Brooks left the Council Chambers before discussion of the next item. CITY COUNCIL 199 May 5, 1969 VARIANCE AND'CONDITIONAL: ' 4t was moved by COUncilman'Herrin, USE PERMIT ~ . '.. .' seconded by Councilman Thurman and ' '" carried, to adopt the findings of fact, conclusion and 'decision of~ the. Planning Commission in the following matter as action of the City COuncil:' . . VA 69-1B, ALLISON - construct 22' high pole sign in front of existing office building in the R 1 District at 1745 N. Grand - APPROVED. Councilman Brooks returned t°the Council table. " It was moved by Councilman Thur~nan, seconded by Councilman Herrin and carried, to adopt the findings of fact, conClUSion.and decision, of the Planning Commission. in:the foliowingmatter as~action 0fthe City Council: VA 69-19, STEAK & ALE OF LOS ANGELES, INC. - constract and operate restaurant and cocktail lounge on property in the P District at 2201 East 1st - APPROVED. PARCEL MAP 600 Tentative Parcel Map 600, filed by Loma Linda University, creating 4 C2 parcels north of Segerstrom, east of Bristol, was approved subject to conditiona in Planning Director's report dated April 24; 1969~ and alley requirement was waived, on motion of Councilman Herrin, seconded by Councilman Thurman and carried. PARCEL MAP 603 Tentative Parcel Map 603, filed by J. W. Copeland Yards, creating two M 1 parcels on southwest corner of 5th and Raitt, was continued to the May 19 Council meeting at the request of applicant, on motion of Councilman Thurman, seconded by Councilman Herrin and carried. PARCEL MAP 605 : Tentative Parcel Map 605, filed by Greer-Wood Enterprises, creating ' two R 1 parcels on southwest corner of Flower Street and West Orange Road, was approved subject to conditions in Planning Directors report dated April 25, 1969, and alley requirement was waived, on motion of Councilman Herrin, seconded by Councilman Thurman and carried. PARCEL MAP 604 Tentative' Parcel Map 604, filed by Jamie Deutsch, et al, creating two parcels in the C 2 District on northwest corner of Bristol and Hemlock V~ay, was approved subject to conditions in Planning Director's report dated April 28, 1969, on motion of Councilman Herrin,. seconded by Councilman Thurman and carried. CITY COUNCIL 200 May5, 1969 PARCEL MAP 606 cA ~ Tentative Parcel Map 606, filed by Coastline Provision Company, creating three M 1 parcels on the south side of Dyer Road, east of Main Street, was approved subject to conditions in Planning Director's report dated April 28, 1969, and alley requirement was waived, on motion of Councilman Herrin, seconded by Councilman Thurman and carried. PARCEL MAP 602 c~ ~* Tentative Parcel Map 602, filed by Goodwill Industries, creating two M 1 parcels on south side of West 5th, west of Fairview, was approved subject to conditions in Planning Director's report datedApril 29, 1969, and alley requirement was waived, on motion of Councilman Herrin, seconded by Councilman Thurman and carrie d. Due to a conflict of interest on the next item, Mayor Griset relinquished the Chair to Vice Mayor Herrin and excused himself from the Council Chamber. TENTATIVE TRACT 6906 Tentative Tract Map 6906, filed by Bristol Properties, creating 278 R 1 lots north of MacArthur Boulevard, east of Bristol, was approved subject to conditions in Planning Director's report dated April 21, 1969, on motion of Councilman Markel, seconded by Councilman Brooks and carried. Mayor Griset resumed the Chair. STREET NAME CHANGE C~ ~ o The recommendation of the Planning Commission approving changing the name of Camino Avenue between the center line of Mantle and the west line of Tract 3902 to North Mantle Street, was approved, on motion of Councilman Brooks, seconded by Councilman Herrin and carried. FIRE TRAINING CENTER AND The City Manager's report dated April 30, ENGINE #9 1969, regarding the causes of delay in the construction of Fire Station No. 9 and Training Center, was ordered filed, on motion of Councilman Brooks, seconded by Councilman Patterson and carried. RECESS At 3:40 P.M. a five minute recess was declared. The Council reconvened at 3:45 P~ M., with all Council members present. CITY COUNCIL 201 May 5, 1969 SPR 13~69 - SURPLUS BUILDING After considering Surplus Property Report 13-69 regarding one-story commercial building at 105 East 17th Street, Council declared the' building surplus and authorized demolition, on motion of Councilman Brook~ seconded by Councilman Patterson and carried. SPR. 14-69 - SURPLUS BUILDING After considering Surplus Property Report 14-69 regarding one-story .industrial building at 922-924 Lincoln, Council declared the building surplus and authorized sale at public auction, on motion cf Councilman Brooks, seconded by Councilman Patterson and carried. SPR. 15-69 - SURPLUS BUILDING After considering Surplus Property Repor~ 15-69 regarding :2 one-story industrial buildings at 1005 Fuller, Council declared the buildings surplus and authorized sale at public auction, on motion of Councilman Brooks, seconded by Councilman Patterson and carried. ADDITIONAL INSPECTORS On motion of Councilman Brooks, · seconded by Councilh~an Herrin and carried, Council authorized that the staff of the Building Safety and Housing Department be increased by one Building Inspector, one Electrical Inspector and one Plumbing InsPector; authorized advertising for recruitment and candidates for these positions; and authorized Budget TranSfer of $5, 000 from 11-000, Council Contingency Fund, to 11-311, Building Safety and Housing-Administration Fund, to cover these added positions for the remainder of the fiscal year. BOND RELEASE Acting on the Public Works Director's TRACT 6577 report of satisfactory completion of improvements, on motion of Council- man Herrin, seconded by Councilman Patterson and carried, Council authorized release of bonds for Tract 6577, Grovemont Street and Glassell Avenue. TRAFFIC SAFETY COMMITTEE On motion of Councilman Thurman, APPOINTMENT seconded by Councilman Patterson and carried, Mrs. Betty Law was appointed to the Citizen-Government Advisory Committee for Traffic Safety. :CITY COUNCIL 202 May 5, 1969 COUNCILMEN ABSENCE a % ~ On motion of Councilman Herrin, seconded by Councilman Markel and carried, permission was granted for Mayor Griset and for Councilman Thurman to be excused from attendance at the next regular Council meeting, May 19, 1969, due to the fact that they will be away from the City on personal business matters. SANTA ANA COORDINATING Councilman Villa suggested formation COUNCIL APPOINTMENT of a coalition committee to meet with the dissident groups to talk about their problems. Council discussed at some length the Community Relations Program and the aspects of the position of the newly appointed Community Relations Coordinator. It was pointed out that the Community Relations Program adopted by the Council stipulated the Santa Arm Coordinating Council was to be the official human relations organization for the City and that the City Council was to have representation on the Coordinating Council. Mayor Griset appointed Councilman Ray Villa as the Council representative to the Santa Ana Coordinating Council. The appointment was ratified by the Council, on motion of Councilman Patterson, seconded by Councilman Brooks and unanimously carried. VELVET KNIGHTS A musical group of young people, known as the Velvet Knights, who are presently being sponsored by the Santa Ana Elks Lodge and occupy the church at 6th and Bush, were commended by Councilman Herrin for their outstanding performance last week. SACRAMENTO CONFERENCE Councilman Markel and Mayor Griset reported on the Mayors' and Councilmen'S Institute which they attended in Sacramento. CITY HALL FINANCING C~ ~5 Councilman Brooks requested that the staff prepare a report for the May 19 Agenda outlining the various methods for financing construction of a new City Hall.~ Due to a conflict of interest on the next item, Mayor Grtset relinquished the Chair to Vice Mayor Herrin and excused himself from the Council Chamber. PARK PROPERTY fir 5~' On motion of Councilman Brooks, seconded by Councilman Villa and carried, the City Manager was authorized to negotiate an agreement on a ten-year incremental payment basis for the purchase of approximately eleven acres of land for park purposes to serve residents between the area of Bristol Street and Flower Street from Seger- strom Avenue to the City limits. CITY COUNCIL Z03 May 5, 1969 Mayor Griset resumed th~ Chair. RECESS " - At 5:10 P;M., the meetingwas recessed to 7:30 P. M., at which time it was reconvened with Council members present. Following the Pledge of Allegiance to the Flag, the Invocation was delivered by the Reverend G. Edward Garner of the First United Methodist Church. SPECIAL RESOLUTION Reeolu$ion 69-67, a Special Resolution AND PRESENTATION of Commendation for Tom McMichael, former Mayor, was adopted, on motion of CounciLman Herrin, seconded by Councilman Brooks and unanimously carried, and the Special Resolution was presented to Mr. McMichael by Mayor Griset. PUBLIC HEARING Hearing was opened on the proposed MEMORY LANE EXTENSION Amendment to the Arterial Streets and Highways Element of the General Plan, involving the interchange complex in the vicinity of Main Street and the Santa Aha Freeway, and including alternate proposals for the extension of Memory Lane between Broadway and a point approximately 1,300 feet east of Main Street. The Public ~:orks Director explained that Alternate 1 (Middle) would take 50 feet from the property lines and would leave a narrow strip of property along the north side of Owens Drive which would be difficult to develop; Alternate 2 (South), recommended by the Public Works Departmert to the Planning Commission and by the Planning Commission to the Council, would go through the Weber's Bakery property and would provide the most desirable intersection spacing, left turn pocket lengths, and would eliminate the Owens Drive-Main Street intersection; Alternate 3 (North). a plan suggested by the home owners on Owens Drive, would provide controlled access but would reduce the length of left turn pockets along Main Street between its intersection with Main and the Main Street entrance to the Hurwitz-Fashion Lane developments, that northbound left turns into Fashion Lane would be ~mpossible because of the limited median length, and access to Owens Drive would be by right turns only. Speaking in favor of Alternate //2 (South) was Frank Gelinas, 1538 East 4th Street, who stated that the traffic situation ~s one of the things that has held up the expansion of Fashion Square, and that Alternate //2 was by far the most efficient means to carry out the extension of Memory Lane. Speaking in favor of Alternate //3 (North) was Michael McPhee, attorney representing the Owens Drive Home Owners Association, which was formed to present the alternate route that would not destroy the homes on Owens Drive and Would not interfere with the operation of the Weber's plant. Mr. McPhee stated that they'also felt that Alternate 2 would provide the property owner to the North additional property, since he would be the logical purchaser for the narrow strip of property left on the north side of Owens Drive by the adoption of Alternate 2. He further stated Route 3 was the best route because it is straighter and less expensive. (continued) CITY COUNCIL 204 May 5, 1969 Also speaking in favor of Alternate ~ was Pachard Duncan, attorney representing Weber's Bread facility, who stated that the Weber's plant has no plans for relocating at this time and wants to retain its present location. He also explained that 150 people are employed by the plant and that it has a $1,500, 000 yearly payroll. The hearing was closed. RECESS MEMORY LANE EXTENSION HEARING (continued) At 8:50 P.M. a five minute recess was declared. The Council reconvened at 8:55 P. M., with all Council members present. After discussion by Council, it was moved by Councilman Brooks, seconded by Councilman Patterson, to approve adoption of the "South" Alternate (No. 2) and instruct the City Attorney to prepare a resolution amending the Arterial Streets and Highways Element of the General Plan to include the extension of Memory Lane between Broadway and a point approximately 1,300 feet east of Main Street. The motion was adopted on the following roll call vote: AYES: NOES: ABSENT: Brooks, Patterson, Villa, Griset Herrin, Markel, Thurman None PUBLIC HEARING O~ ~ The City Attorney explained that an TAXICAB PETITION Application for Certificate of Public Convenience and Necessity had been sought by U. T. O., Inc., the applicant, and was granted by the City Council on January 6, 1969 and issuance to applicant directed; thereafter the existing cab company took the matter to Court on Writ of Mandamus and the Court stated that the permit previously issued by this Council was invalid in that there was not a finding by this Council as to the fitness, willingness and ability of the applicant to perform the services sought; in addition, the Court stated there was not an express finding that public convenience and necessity required an additional cab company, but the Court had found that this was implicit in the Council's action. The Attorney explained that before the Council now is an inquiry into this one aspect on which the Council should make a finding, as to whether or not the character and qualifications of the applicant are such as to justify the issuance of the certificate. Mayor Grtset opened the public hearing on Petition For Further Consideration by U. T.O., Inc., for Certificate of Public Convenience and Necessity to operate vehicles for hire upon the streets of Santa Aha. After some discussion regarding the eligibility of the two new CounciLmen to vote on the matter, the City Attorney stated that the only issue to be determined by the Council was whether or not the applicant was sufficiently qualified to warrant the issuance of a permit; that the Council is a continuing body that would be hearing a new issue pursuant to court order. (continued) CITY COUNCIL 205 May 5, 1969 Speaking in opposition to granting'the Certificate was Gary Taylor, Attorney, representing yellOw Cab ComPany, who stated that the City Council, due to its change in membershiP, was not in a position to give further consideration to the pending application nor to make supplemental findings as indicated by the Court order; that U. T.O. Cab Company should submit its application for a full hearing on all issues by the present Council as it is now constituted; that three of the five directors of U. T. O, have changed since the previous hearing; that its petition for further consideration fails to list the principle place of business of the corporation and its local business address; that the petition did not include a financial statement nor did it include a statement Concerning U.T.O.'s connection with Tustin Cab Company so that inquiries could be made into the experience and character of the corporation; and that the evidence was not sufficient to make either a fincLing that pUblic convenience and necessity required further taxicab service or that the applicant was fi~ willing and able to perform such public transportation and conform to the provisions of the Municipal Code requirements. Robert Politiski, Attorney for U.T.O., Inc., stated to Council that this hearing was for one purpose only, to determine the character, fitness and responsibility of the applicant, and that attached to the petition was all the information the Council would need regarding the character, fitness and responsibility of the applicant in order for Council to make as complete an investigation as they would like; and that the Court said it could imply, and did imply, a finding of public convenience and necessity by the fact that the Council voted to grant the certificate~ Councilman Brooks remarked that if the officerSof the corporation had changed, perhaps the financial state- ment had changed and Council had no up-to-date financial statement of the applicant. Mr. Politiski replied that the Iinancial statement was the same as the original one filed and that if a new one were required, they would be glad to file one. The City Manager reported that in the opinion of the City Attorney a corp- oration is a "perSon" under the law; that the corporation as a "person" does not go behind its personality as a fact of existence; that one does not "pierce the corporate veil" in order to make investigations as to what constitutes the corporate management. The City Manager further explained that since a statement had been filed which contained the names of the officers of the corporation as it existed at the time of filing the petition with information regarding each of the officers, and there was nothing in the record to indicate unfitness on the part of anyone listed, the administrative staff had made no investigation beyond this. and that the staff had no reason to question the moral or in any other way the fitness of these individuals to ~function. The hearing was closed. After further dis~ussion by Council, on motion of Councilman Herrin, seconded by Councilman Markel,' a Certificate 6f PUbltc Convenience and Necessity was granted to U. T. O., Inc., to do business and to operate not more than ten taxicabs within the City of Santa Ana, upon a finding, in accordance with the provisions of Municipal Code Section 6381.3. that applicant is fit, willing and able to perform such public transportation (continued) CITY COUNCIL 206 May 5, 1969 and to conform to the provisions of the Municipal Code and the rules and safety standards established by the City, based on due consideration by the Council of applicant' s characte r, experience and re sponsibility, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Brooks, Markel, ThUrman Patterson, Villa, Griset None RECESS members present. At 10:15 P.M., a three minute recess was declared. The Council reconvened at 10:25 P.M., with all Council PUBLIC HEARING Hearing was opened on Amendment AMENDMENT APPLICATION 645 Application 643, filed by Carl J..and KLATT Lena A. Klatt, to amend Sectional District Map 5-5-9 by rezoning property on*he west side of Tustin Avenue between Fairhaven and Santa Clara Avenues from the A 1 District to the R 4 District. Leroy Rhodes, attorney representing applicant, was present and stated applicant would comply with the Variance requirements. No one desired to speak in opposition to the Amendment Application, the hearing was closed. On motion of Councilman Herrin, seconded by Councilman Brooks, the application was approved and the City Attorney was instructed to prepare an ordinance to reclassify the property according to Exhibit A, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Brooks, Markel, Patterson, Thurman, None None Villa, Griset PUBLIC HEARING 0 ~ ~ ~ ~ Hearing was opened on establishment GRAND AVENUE ALIGNMENT of specific street alignment for S. P.S.A. #22 Grand Avenue between Chestnut Avenue and First Street, S.P.S.A. #22. There being no response to the call for testimony, the hearing was closed. On motion of Councilman Markel, seconded by Councilman Brooks, Council approved the recommendation of the Planning Commission and instructed the City Attorney to prepare a resolution designating alignment of Grand Avenue between Chestnut Avenue and First Street as shown in S. P. S.A. #22, on the following roll call vote: AYES: NOES: ABSENT: Herrin, BroOks, Markel, None None Patterson, Thurman, Vills, Griset CITY COUNCIL 207 May 5, 1969 TRAFFIC SIGNAL REQUEST ~ ~ Council considered the request by many PACIFIC AND WARNER ~ ' residents of the Jefferson School area for a traffic signal at the corner of Warner and Pacific. A previous.request was considered by Council on Feb- ruary 8, 1969 and referred to the Traffic Safety Committee for further study, hearing, and recommendation. Mayor Griset read aloud the Council action of April 7, 1989 approving the recommendation of the Traffic Safety Committee after having further studied and held hearings on the matter, the recommendation being~installation of additional School Crossing signs, installation of raised markers to delineate the crosswalk, and retention of the adult Crossing Guard. The Public Works DirectOr presented a~video film taped in January showing a study of the crossing. With permission of the Council, DavidL. Brandt, 2422 S. Rita Way, showed a film he had taken of the same crossing on May 2nd. The following persons spoke, regarding the recent accident in which the Crossing Guard at Pacific and Warner had been injured when hit by a car, and urgently requested that a traffic signal be installed for the safety of the children who have to cross the intersection to get to and from school: David L. Brandt, 2422 S. Rita Way; Annette Stephens, 2101 W. Hall, Joe Stephens, 2101 W. Hall; Clarence McMillan, ~801 W. Flora; Warren Fillmore; Gerald Smith, 2227 S. Rita Way; Phyllis Cunco; Esther McLoon, .1601 W, St. ~Ger~rude; Lee Mayer, 2718 S. Rita Way; Dorothy McReynolds, 2024 S. Spruce; Jim Samuelson, 2901 S. Rene; A1 Levi~ 2501 S. Pacific; Deborah Stack, 1502 W; Secrest; Mrs. Don Peden; 1502 W. St. Gertrude; Patricia Botts, ~414 W. Carleton Place; Amos Mills, 2406 S. Rita Way, Stuart Wilkinson, Chairman of the Citizen-Government Advisory Committe~ for Traffic Safety, explained to the Council that a traffic signal is not the solution for this particular intersection, that the intersection was not designed to be a school crossing, that' the only solution is not t° force elementary school children to cross that intersection. He suggested that two crossing guards might be advantageous; explained that the raised markers were added for fog conditions; and that a traffic signal is not warranted and would cause more accidentsl After discussion by Council regarding possible solutions, it was moved by Councilman Patterson, seconded by Councilman Herrin and unanimously · carried, to deny the request for a traffic signal but to authorize two adult guards at the intersection. The motion further directed that the Mayor write a letter to the School Board recommending that the Board take what- ever action might be required to eliminate the necessity for using this crosswalk to getto and from school; i.'e., a change of school boundaries, or bussing of children. RECESS At 12:30 A. M., a five minute recess was declared. The Council reconvened at 12:40 A. M., With all Council members present. CITY COUNCIL 208 MayS, 1969 BILLIARDS ~)'~ The a~plication Art Judice for family billiards at 319 West 5th Street was approved subject to Municipal Code provisions, on motion of Councilman Brooks, seconded by Councilman Markel and carried. BANNERS C~ ~o The request from Robert L. Ward, Musical Director, Santa Aha High School~ to fly banners across the street at two locations - Bristol near l?th and Main near 4th - to advertise the high ~chool play, was denied, on motion of Councilman Herrin, seconded by Councilman Patterson and carried, since it has been a long standing policy of the City to allow special purpose banners over the street only when all the people of the City are involved. CROSSING GUARDS ~-~ ~ The letter from Mr. and Mrs. Don L. C~ ~%~ Bayliss, 921 S. Huron Drive, objecting to removal 'of crossing guards, particularly at the corner of McFadden and Fairview, was ordered filed, on motion of Councilman Herrtn, seconded by Councilman Brooks and carried. Council considered the letter from Glenn Tabor, Secretary, Santa Ana Board of Education, urging retention of all crossing guards authorized. On motion of Councilman Brooks, seconded by Councilman Patterson and carried, staff was authorized to write a letter to the School Board asking their cooperation in appointing a person on the administrative level to the Citizen- Government Advisory Committee for Traffic Safety. Councilman Herrtn conveyed appreciation to the Traffic Safety Committee and remarked that they are doing an excellent job. CAPITAL IMPROVEMENTS c 63 ~ On motion of Councilman Brooks, PROGRAM seconded by Councilman Markel and carried, consideration of the recom- mendation from the Planning Commission on 1969 Capital Improvements Program was tabled to the June 2nd Council meeting. BUDGET TRANSFERS On motion of Councilman Herrin, . seconded by Councilman Thurman and carried, the following Budget Transfers were authorize:d: Transfer From ~:. A. 11-000 Council Contingency B. 11-000 Council Contingency C. 11-000 Council Contingency D. 11-123 City Mgr. -Comm. Relations 11-171 Transfer To Amount 11-b37 Santiago Creek $ 92,000 11 -113 Interfund Transfers 10, 000 11-511 Public Works - Adm. 14, 000 Finance-Accounting 1,500 (continued) CITY COUNCIL 209 May 5, 1969 Budget Transfers (continued) E. 51-231 Recr. & Parks -Adm. F. 51-253 Recr.& Parks-Santiago Pk, G. 51-296 Recr.& Parks-Arb. & Special Events H. 23-911 (Revenue increase by item B above) 51-212 City Library $ 7, 500 51-251 Recr, & Pks.- Fisher Pk. 900 51-295 Recr. & Pks. -After School Program 20 23-286 Recr.& Pks. -Misc. areas 10, 000 SOLICITATION APPLICATIONS Applications were approved: On motion of Councilman Herrin, seconded by Councilman Brooks and carried, the following Solicitation Childrens Asthmatic Research Institute and Hospital, Annual Campaign, May 6 - 13, 1969. Sing Out Young Generation (Up with People), ticket sale for Pancake Breakfast on June 7, dates of soliciting May 7 - June 6, 1969. ADJOURNMENT At 12:55 A. M., there being no further business to come before the City Council, the meeting was adjourned, on motion of Councilman Herrin, seconded by Councilman Thurman and carried. Florence I. Malone Clerk of the Council CITY COUNCIL 210 May 5, 1969