Loading...
HomeMy WebLinkAbout11-01-1971MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA November 1, 1971 The meeting was called to order at 2:05 P.M. in the Council Chambers of the City Hall Annex, 530 North Ross Street, with the following Councilmen present: Vernon S. Evans, Wade Herrin, J. Ogden Markel, Ray Villa, Harry K. Yamamoto, and Mayor Lorin Griset. Councilman Jerry M. Patterson arrived at 2:20 P.M. Also present were Assistant City Manager Bruce Spragg, City Attorney James A. Withers, Director of Planning Herbert Wieland, Director of Public Works Ronald Wolford, and Clerk of the Council Florence I. Malone. MINUTE S man Yamamoto, The Minutes of the Regular Meeting of October 18, 1971, were approved as submitted, on motion of Council- seconded by Councilman Villa, and unanimously carried. EXECUTIVE SESSION At 2:10 P. M., the meeting was adjourned to an Executive Session to consider personnel and legal matters; and to interview applicants to fill a vacancy on the Planning Commission. Councilman Patterson arrived at 2:20 P.M. The meeting reconvened at 4:05 P.M., with all Councilmen present. PLANNING COMMISSION Mr. Alex Acevedo, 306 E. Fourth APPOINTMENT Street, was appointed to the Planning Commission to fill the vacancy created by the resignation of Commissioner Jack Hall, on the unanimously approved motion of Councilman~Evans, seconded by Councilman Villa. Mr. Acevedo's term of office will commence on November l, 1971 and expire on June 30, 1975. CONSENT CALENDAR The following Agenda items were removed from the Consent Calendar: Item 10-C, requested by Mayor Griset; Items 2-A, 3-B, 3-C, and 6-A, requested by Councilman Herrin; Item 7-A, requested by Councilman Patterson; Items 3-A and 9-B, requested by Councilman Markel; and Item 6-C, requested by Councilman Evans. On motion of Councilman Evans, seconded by Councilman Villa, and unanimously carried, Council affirmed the recommended action on the following Consent Calendar items: CITY COUNCIL -353- November 1, 1971 CONSENT CALENDAR - (Continued) BID CALLS Approved plans and specifications and authorized advertisement for bids on the following: SPEC. 641-249 - Ten (10) each 1972 Model Police Sedans, 4-door, black and white; opening date December 13, 1971. SPEC. 641-252 - Four (4) each, 1972 Model 4-door Sedans; opening date December 13, 1971. SPEC. 641-253 - Four (4) each, Half Ton Pickups, 1972 Model, 5000 GVW; opening date December 13, 1971. SPEC. 641-255 - Annual Requirement, Cold Water Meters - Fire Service Type, 8" x 4"; opening date November 16, 197t. SPEC. 641-256 - Fabricate 14-inch, Steel Pipe and Fittings~ Cement Lined and Coated for Channel Crossing at Dyer Road and Flower Street; opening date November 16, 1971. SPEC. 641-257 - Two (2) each, 1972 Model Police Sedan, 4-door, plain; opening date December 13, 1971. SPEC. 641-~5~ - One (1) each 1972 Model Station Wagon, 9 passenger, 4 side doors, 1 rear door; opening date December 13, 1971. SPEC. 641-261 - One (t) each 3/4 Ton Pickup Truck, 1972 Model, Stepside w/8' bed; opening date December 13, 1971. SPEC. 641-262 - One (1) each 3/4 Ton Pickup Truck, 1972 Model, Cab & Chassis only; opening date December 13, 1971. SPEC. 641-263 - Two (2) each 2-Ton Truck, 1972 Model, Cab & Chassis only; opening date December 13, 1971. SPEC. 641-264 -One (1) each 1 Ton Pickup, 1972 Model Cab & Chassis w/Stake Body, opening date December 13, 1971. SPEC. 641-258 - One (1) each 1972 Model Police Sedan, 4- door, Red; opening date December 13, 1971. BID AWARDS Awarded contract as follows: SPEC. 641-250 - Solo Motorcycle (replacement); awarded contract to the only bidder, Harley-Davidson Motors, Santa Ana; and rejected all bids and authorized new bid call (SPEC. 641-260) with revised specification; opening date, December 13f 1971; on the following: SPEC. 641-251 - Hydraulic Crane. CITY COUNCIL -354= November 1, 1971 CONSENT CALENDAR - (Continued) TRAFFIC October 26, 1971, inclusive. Received and ordered filed report of control devices removed or installed October ll through ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Received and ordered filed the following applications: DAK DISTRIBUTING COMPANY, 1561 E. St. Gertrude Place, Distilled Spirits Wholesaler (priority~#1), Original; REILLY, RUSSELL J., southeast corner of MacArthur and Fairview, Off Sale General, Premise to Premise. SOLICITATION APPLICATIONS Approved the following applications: THE SALVATION ARMY, 1710 W. Edinger Avenue, street kettles for donations to buy_Christmas food, toys, small gifts for needy families, shut-ins, the elderly; from November 26 to December 24, 1971. HEMOPHILIA FOUNDATION OF SOUTHERN CALIFORNIA, canisters to be placed in business establi~hment~ to obtain funds for patient care, emergency financial aid, blood and plasma products; from November 1, 1971 to January 1, 1972. VARIANCES AND CONDITIONAL USE PERMITS Received and ordered filed the following application: CUP 71-25, CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS - To construct a church, classrooms and indoor recreational facilities in the R 1 District at 2500 N. Bristol Street; APPROVED. PUBLIC PROPERTY USE Approved the following Applications for Special License to Use Public Property: SANTA ANA CITY CENTER ASSOCIATION, Christmas decorations on light standards on Fourth Street between Broadway and Bush; from November 14, 1971 to January 9, 1972. SOUTH MAIN IMPROVEMENT ASSOCIATION, Christmas decorations across Main Street at 1438 South Main; from November 27 to January ~, 1972. CITY COUNCIL -355- November 1, 1971 CONSENT CALENDAR - (Continued) DEEDS Received and ordered filed report of No-Cash Deeds accepted by the City Manager, pursuant to Resolution #69-156, from October 14 through October 27, 1971, inclusive. TENTATIVE PARCEL 1VLAPS waived the alley requirement for #717: Approved the following maps, subject to conditions contained in Planning Director's report and TENTATIVE PARCEL MAP #716 - Filed by J. E. D. Development Corporation creating two (2) parcels, one for an industrial building and one for a service station, located generally on the northwest corner of Hesperian Street and Bristol Street. TENTATIVE PARCEL MAP #717 - Filed by Dunn Properties Corporation creating one (1) LP and one (1) LP - C1 parcel, for commercial and office use, located generally on the south side of Fourth Street, 487' west of Tustin Avenue. SURPLUS PROPERTY Declared surplus and authorized REPORT NO. 71-12 demolition of improvements located at 325 - 331 E. Seventeenth Street, acquired in connection with Project 1267 I - Seventeenth Street from Bush to Santa Ana Freeway. BID AWARD Councilman Herrin called attention PROJECT 6048 to a communication received by the Council regarding coin-operated tennis nets to control use of tennis courts and allow the City to recoup some of the operating costs. Councilman Markal spoke in favor of coin-operated nets, and Councilman Patterson suggested the meters could be installed on the lights or the nets, but was not in favor of delaying the present project for this purpose. The Assistant City Manager stated these are new courts in a new park and there are no lights at present; that, if desired, coin-operated nets could be installed as a supplement, but would not have to be included in the present bid award. On motion of Councilman Herrin, seconded by Councilman Patterson, and unanimously carried, contract was awarded as follows: PROJECT 6048 - Construct two tennis courts and one all purpose court in Westwood Park; awarded contract to Goodman & Peloquin, Inc., La Habra, on Alternate C in the amount of $16, 730.00, on the basis of low bid; and rejected all other bids. CITY COUNCIL -356- November 1, 1971 AGREEMENT On motion of Councilman Herrin, JOINT USE AGREEMENT seconded by Councilman Markel, and unanimously carried, Council approved and authorized the May~r and Clerk to execute the Joint Use Agreement between the City of Santa Ana and the Southern California Edison Company for occupancy and use of Flower Street between Sunflower Avenue and MacArthur Boulevard. AGREEMENT Councilman Herrin asked if Alan BUS SYSTEM DEVELOPMENT M. Voorhees & Associates, Inc., was the only firm given the opportunity to provide the services covered by this agreement. The Assistant City Manager stated that Voorhees & Associates had provided the first phase feasibility study analyzing present operations and setting forth proposed levels of operation, which met the requirement for a preliminary study necessary to apply for federal funds, at a cost of $10,000 - $12,000. Councilman Evans objected to paying another $7,500 for a study to develop new bus routes, etc. Mr. Spragg explained that this is not a duplication, but additional information that must be provided; and that a new consultant would have to start all over again. The Director of Public Works stated that this is a very narrow field of specialization and there are no local people who could assume this re sponsibility. Councilman Patterson's motion, seconded by Councilman Villa, to approve the agreement between the City and Alan M. Voorhees & Associates, Inc., for technical services required to implement development of new bus routes, equipment specifications for purchase of new buses, and the lease for private operation, in the amount of $7,500, carried on the following roll call vote: AYES: NOES: ABSENT: Patterson, Villa, Griset, Yamamoto Evans, Herrin, Markel None AGREEMENT The Assistant City Manager stated EMPLOYEE RELATIONS PROGRAM thai federal funds v~ re available for DEVELOPMENT & STAFF TRAINING cities to use in the development of an employee relations program and staff training; that the application for these funds was submitted,~ as required, by October 21st, and now they are seeking Council approval of an agreement for consultant services, contingent upon approval of the federal grant. Councilman Patterson spoke in favor of the program. Councilman Markel stated he was in favor of such a program, but objected to the use of federal funding. Councilman Herrin concurred in this. Councilman Patterson's motion, seconded by Councilman Villa, to approve the application for a federal grant and to authorize the Mayor and Clerk to execute the agreement between the City and William Hamilton and Associate s for development of an employee relations staff training program~ contingent upon Federal Grant approval, carried on the following roll call vote: AYES: NOES: ABSENT: Patterson, Villa, Evans, Griset, Yamamoto Herrin, Markel None CITY COUNCIL -357- November 1, 1971 RECESS men present. At 4:40 P.M., a recess was declared. The meeting reconvened at 4:50 P.M., with the same Council- SOLICITATION APPLICATIONS On motion of Councilman Patterson, seconded by Councilman Markel, and unanimously carried, Council approved the application of the GIRLS CLUB OF GARDEN GROVE, INC. , 12911 Ninth Street, Garden Grove, for a candy sale to provide operating costs for the Club and to provide purchase of games and supplies; from January 13 to January 30, 1972. In discussion of the application to solicit funds submitted by Handclasp International, Councilman Evans stated he believed funds for charitable purposes should be solicited by volunteers and that he was not in favor of an organization which withheld 8% of the receipts to cover expenses. Councilman Patterson's motion, seconded by Councilman Yamamoto, to approve the application of HANDCLASP INTERNATIONAL, INC., to solicit funds to defray the processing and shipping expenses of medical supplies out of the United States into needy areas, carried on the following roll call vote: AYES: NOES: A BSE NT: Patterson, Yamamoto, Villa, Herrin, Griset, Markel Evans None VARIANCE APPLICATION Councilman Patterson noted that CPIADRON L. WILLIAMS although the Planning Commission approved VA 71-51 filed by Chadron L. Williams, the staff recommended denial, and requested a report from the Director of Planning. Mr. Wieland stated that this problem was created with the widening of First Street; that;the City paid for a building in which the applicant was doing business, with the stipulation it be removed. The building was moved back onto a piece of property which the applicant purchased from the City, and in addition, a new building was erected to the easterly section of the lot, making it impossible to meet parking requirements even by eliminating landscaping. The Commission believed that by removing the requirement for landscaping, additional parking could be achieved. The only landscaping will be two planter boxes on First Street. Councilman Patterson stated that with the variance, they still would be six parking spaces short of the requirement; that it appeared the shortage of parking was created by moving the old building and erecting the new one, and moved to set the matter for public hearing. The motion was seconded by Councilman Markel, and carried on the following roll call vote: AYES: NOES: ABSENT: Patterson, Markel, Evans, He rrin None Villa, Griset, Yamamoto CITY COUNCIL -358- November 1, 1971 DEEDS WITH CASH On motion of Councilman Patterson, GRANTEE, CITY seconded by Councilman Yamamoto and unanimously car-ried, Council approved the following deed and ~uthorized the Mayor to sign all necessary documents in connection with the purchase: SOUTHERN CALIFORNIA WATER COMPANY, west side of Figueroa, north of Fifth Street, for Mini-Park. TENTATIVE TRACT MAP Tentative Tract Map No. 7492, NO. 7492 REVISED Revised, filed by McKeon Construction Company, creating three A1 lots for four- plex development, located generally on the north side of McFadden Avenue, 640' east of Lyon Street was approved subject to conditions contained in Planning Director's report dated October 26, 1971, on motion of Councilman Villa, seconded by Councilman Evans and carried on the following roll call vote: AYES: NOES: ABSENT: Villa, Evans, Herrin, Markel Griset, Yamamoto, Patterson None Mr. Keith Welputt, Attorney, 615 Civic Center Drive and Darrell Boyer, McKeon Construction Company spoke in favor of Council approval of the map. READING WAIVED On motion of Councilman Herrin, seconded by Councilman Markel, and unanimously carried, the full reading of ordinances and resolutions, the titles of which appeared on the public Agenda was waived. RES. 71-105 RESOLUTION 71-105 AUTHORIZING CONDEMNATION CONDEMNATION OF REAL PROPERTY FOR THE WIDENING OF SEVENTEENTH STREET FROM BROADWAY TO BUSH STREET was adopted on motion of Council- man Patterson, seconded by Councilman Herrin and unanimously carried. AGENDA ORDER Agenda Items 56, 57 and 58 were taken out of order and considered as the next order of business on the unanimously approved motion of Councilman Villa, seconded by Councilman Herrin. SOLICITATION APPLICATION the following Solicitation Application: It was moved by Councilman Villa, seconded by Councilman Patterson and unanimously carried to approve Sickel Cell Disease Research Foundation, door-to-door solicitation for funds to be mailed to the Foundation, 2921 W. Vernon Avenue, Los Angeles, from November 1 to December 30, 1971. CITY COUNCIL -359- November 1, 1971 ORANGE COUNTY A written request dated October HOUSING AUTHORITY 19, 1971, from the Orange County Board of Supervisors for Council's opinion regarding the proposed creation of an Orange County Housing Authority was considered. It was moved by Councilman Yamamoto, seconded by Councilman Patterson to endorse the formation of an Orange County Housing Authority. The motion carried on the following roll call vote: AYES: NOES: ABSENT: Villa, Griset, Yamamoto, Patterson Evans, Herrin, Markel None Prior to adoption of the motion, the Chairman of the Human Relations Commissi¢ Galal Gough, read aloud a Commission Resolution entitled, "RESOLUTION ON A COUNTY-WIDE RESETTLEMENT POLICY, AND A COUNTY HOUSING AUTHORI_ AND LEASED HOUSING PROGRAM TO FACILITATE BALANCED AVAILABILITY OF LOW INCOME HOUSING IN ORANGE COUNTY". The following persons also spoke in favor of the creation of an Orange County Housing Authority. Mr. Reuben Alvarez, Ramona Harris, Luis Candillo, and Rudy Francis. Mr. Robert Fair, 1425 Standard Avenue, representing the Board of Directors of the Orange County Apartment House Association and Mrs. Janice Boer, 912 N. Lowell, spoke in opposition to the proposed Authority. PARKING - PRIVATE PROPERTY A letter dated October 27, from the Chamber of Commerce recommending adoption of an ordinance regulating parking on private property was referred to staff for report and recommendatinn on the unanimously approved motion of Councilman Herrin, seconded by Council- man Evans. AGENDA ORDER The following Agenda items were continued to the evening meeting on the unanimously approved motion of Councilman Herrin, seconded by Councilman Evans: Items 45, 46, 47, 48, 49, 55, 59 and Oral Communications. RECESS At 5:40 P.M., the meeting was recessed to 7:30 P.M., at which time it was reconvened with all Council members present. Following the Pledge of Allegiance to the Flag, the Invocation was given by the Reverend Leslie Zimmerman of Goodwill Industries. CITY COUNCIL -360 - November 1, 1971 The Mayor read a Certificate of Appreciation to be presented to Mr. Jack N. Hall who resigned from the Planning Commission after many years of service to this community. Mr. Hall was not able to be pre~ent at the meeting, and the Mayor stated the Certificate would be mailed to him. The Mayor announced that Mr. Elias (Alex) Acevedo was selected by the Council to fill the vacancy on the Planning Commission. Mr. Acevedo came forward and was introduced, and sworn in as a member of the Planning Commission by the Clerk of the Council. AMENDMENT APPLICATION 686 The Mayor opened the public ROBERT H. GRANT CORPORATION hearing on Amendment Application 686 filed by Robert H. Grant Corporation to rezone property located on the east side of Sycamore Street between Columbine and Alton Avenues, from the CR District to the R 1, or a more restrictive district. The Director of Planning stated that this application is for corrective zoning; that the applicant appeared before the Council some months ago in the interest of having a townhouse development considered in this area; that as part of the conditions of the approval, applicant agreed to ask for a rescission of a variance that had been granted to the Macco Corporation for apartment development, and this was done. In the interim, the Grant Corporation filed a tentative map on this parcel creating 10 - 12 R 1 lots. In order to clear the way for financing, the property would have to be R 1 or a more restrictive zone. The Clerk reported no written communications had been received. There were no proponents or opponents in the matter, and the Mayor closectthe public hearing. Amer, dmeylt Application 686 was approved, and ORDINANCE NS-1095 CHANGING ZONING CLASSIFICATION ON AMENDMENT APPLICATION 686 FILED BY THE ROBERT H. GRANT CORPORATION AND AMENDING SECTIONAL DISTRICT MAP 25-5-10 (EXHIBIT A.A. 686-A) was passed to second reading on motion of Councilman Patterson, seconded by Councilman Herrin, and carried on the following roll call vote: AYES: NOES: ABSENT: Patterson, Herrin, Villa, Evans, Griset, Yamamoto, Markel None None AMENDMENT APPLICATION 687 The Mayor opened the public hearing O.M. AND TI-IELMA MILLIKEN on Amendment Application 687 filed by O.M. and Thelma Milliken to rezone property located on Lyon Street between Chestnut Avenue and Warren Street from the R 1 District to the C 2 District. CITY COUNCIL -361- November 1, 1971 AMENDMENT APPLICATION 687 O.M. AND THELMA MILLIKEN - (Continued) The Director of Planning stated that this application is for rezoning from R 1 to C 2 of approximately 1.2 acres; that the General Plan for this area called for industrial development, however, surrounding areas have actually gone into various kinds of residential development; that the Staff recommended denial because this would be an intrusion of a commercial parcel into an otherwise predominantly residential area. The Clerk reported no written communications had been received. There were no proponents or opponents on this matter, and the Mayor closed the public hearing~ In response to a question~ from the Mayor, the Director of Planning stated this matter could be handled on a variance; that if the property is rezoned to C 2, it would open the way for many uses not in harmony with the surrounding development. Amendment Application 687 was denied on motion of Councilman Patterson, seconded by Councilman Evans, and carried on the following roll call vote: AYES: NOES: ABSENT: Patterson, Evans, Herrin, Griset, Yamamoto, Markel Villa None AMENDMENT APPLICATION 688 The Mayor opened the public hearing SANTA ANA PLANNING COMMISSION on Amendment Application 688 initiated by the Planning Commission to rezone property bounded by the Southern Pacific right-of-way on the north, a line appr(~ximately 164' south of the centerline of Emmett Street on the south~ Halladay Street on the west, and the City limits on the east, from the M 1 District to the R 2 District. The Direcior of Planning stated that in 1946 this property was zoned M 1. In the years following, it was never developed as industrial, and in 1960, on recommenda- tion of the Planning Commission, the City Council changed the zoning from M 1 to R 2. However, the legal description adopted at that time did not include the Emmett subdivision. Building permits have been issued over the years for the entire development for residential purposes. Recently, in negotiation with an applicant for use of the property, it was discovered that the legal description had been in error and that the property actually was M 1. This request for rezoning reflects the present use of the property, and Council is requested to consider corrective action. The Clerk reported no written communications had been received, There were no proponents or opponents in this matter, the Mayor closed the public hearing. Amendment Application 688 was approved and ORDINANCE NS-1097 CHANGING ZONING CLASSIFICATION ON AMENDMENT APPLICATION 688 INITIATED BY THE PLANNING COMMISSION AMENDING SECTIONAL DISTRICT MAP 30-5-9 (EXHIBIT A.A; 688-A) was passed to second reading on motion of Councilman Evans, seconded by Councilman Herrin, and carried on the following roll call vote: AYES: NOES: ABSENT: Evans, Herrin, Villa, Griset, Yamamoto, Patterson, Markel None None CITY COUNCIL -362 - November 1, 1971 ASSESSMENT DISTRICT NO. 225 of intention; and report on bids. The Mayor opened the public hearings on the question of public c0n~m~em~e and necessity of the project, re~0]~tion The Director of Public Works orally reviewed his report dated October 28, 1971, giving a history of the attempts to form the Assessment District, the reasons therefor, a report on the bid opening for the project, and alternatives for Council consideration at this time. He further stated that a total of 161 protests had been received, t3 of which were questionable as to validity, leaving 148; and that based on the area, this woul~ amount to 58.2% of the area in protest; that if the 13 were allowed, the percentage of protest would be 62.6%. In response to questions from Council, Mr. Wolford stated that the assessment for the average lot would be under $700 which can be paid off over a ten year period at 7% interest, or in cash, or with a down payment with the balance on a ten year bond; that 256 assessments are involved; that of the 148 protests, 96 live within the district, 52 outside; that, with one exception, the protests were identical form letters delivered to the office of the Clerk of the Council. Councilman Villa questioned the validity of this type of protest, stating he received reports that property owners were told if they didn't sign the protest, the City could come and take their property from them; and that he believed the procedure used to obtain the protests was improper. The following persons spoke in opposition to the formation of the district: Mr. Robert Drake, 1722 Greenville Street, owner AP #109-193-17 Mr. Harvey K. Walker, 2506 W. Pomona, owner AP#109-191-61 Mrs. Ruth Brinkman, 9161 Arrington Avenue, Downey, owner AP #109-172-14 Mr. John Harper, 1634 Diamond Street, owner AP #109-175-04. Those opposed stated that there is no question improvements are needed; but the people in the area are in the lower income bracket and the cost is a hardship; that tl~e City should pay a larger share of the total cost; and that Council has no right to levyt an assessment, and if not paid, to take the property. In response to Council questions, Attorney John Ganahl stated that there is a proyi~i;on for foreclosure if a bond is not paid; that it can be done by legal action or by direct sale; that if it is by sale, the least part of the lot necessary to pay off the amount due will be sold; and that there is a redemption period whereby the owner can redeem lii~ property by paying amounts due. 9di br~ The following persons spoke in favor of forming the assessment district: Mr. John H. Daywalt, Principal, Valley High School Mr. James Pruitt, 2426 W. Occidental Mr. Paul C. Dunn, 2502 W. Occidental Mr. James Lukens, ll51 River Lane Mrs. Palomo, 2529 W. Pomona Mr. Robert Metz, 1212 S. Parton Mrs. Webster, 1700 Greenville Mrs. Worcester, 2217 W. Camden Place Mr. C. Paskerian, 2422 N. Fairmont Street Mr. John Black, 2633 Jessee Drive Mr. Don McGregor, 2422 W. Pomona CITY COUNCIL -363- November 1, 1971 ASSESSMENT DISTRICT 225 - (Continued) Proponents stated that there are approximately 2,000 children attending the schools in the area who must walk on these streets; that in rainy weather because of the mud along the sides of the streets, the chi~ftren must walk in the center of the street; that the cost will not become less if the project is delayed; that the improvements are needed now; that the people living in this area are entitled to streets, curbs, and sidewalks; that the improvements will increase t' e value of the homes; that young families have moved out of the area because thc,, did not want their childr~en walking in the streets to an elementary school; that City funds have been budgeted for the project; that the intent of the 1911 Act was to give resident owners the right to determine whether or not such improvements are necessary, and of the protests, resident owners constituted less than 50% of those involved; that lenders are hesitant to loan money on property where there are no curbs or gutters; that the need for the improvements is clear and the cost must be borne by the residents. Mrs. Janice Boer, 912 N. Lowell, stated that the 1911 Act provides that a mortgage, or lien, is placed on the property until the assessment is paid in full; thai the contractor has the authority to sell these mortgages to a bank or other lending agency. In response to Councilman Villa's question, Mr. Wolford stated it is common practice for a contractor to sell the paper to a bonding agency; Mr. Ganahl stated that in case of default, it would take approximately eight months from the time of the first request to foreclose, and there is a one-year redemption period after that. There was discussion concerning widening of the streets and the portion of the cost which the City would pay. RECESS At 9:15 P. M., a recess was declared. The meeting reconvened at 9:30 P,M., with all Council members present. ASSESSMENT DISTRICT 225 - (Continued) At Mr. Drake's request, the Clerk of the Council read Mrs. Drake's letter protesting formation of the assessment district. Mr. Louis Gates~ 9191 Dalton Circle, Westminster, stated he owns property in the area of the assessment district and that he believed that $8.00 a month per parcel would be a very minor investment for the appreciation of the property. There were no further proponents or opponents in the matter, and the Mayor closed the public hearing to all further testimony except for a review by Mr. Wolford of color and slide pictures of the area. Councilman Villa stated he would like to protest the protests because these petitions were taken under duress and deception and he considered them invalid. Councilman Patterson stated that he would like to have the details of the procedure for obtaining signed protests brought out at the hearing. In response to his questions, it was determined that out of 161 protests, 160 were in the same format; that handwriting giving lot number and address on all 160 was the same; and that Councilman Markel turned in all of the protests that were in the same format. CITY COUNCIL -364- November 1, 1971 ASSESSMENT DISTRICT 225 - (Continued) The Director of Public Works presented moving pictures and color slides of the area included in the assessment district. Councilman Markel stated he would like to defend many things that had been said; that his interest in this matter has been to help the poor; that the district is being formed without the people having anything to say about it, and there, will be a lien against the property owner of $600 - $700; that if it is not liquidated, the property is taken from them whether the contractor holds the bonds or sells them; that in response to his inquiries, the Police Department had informed him there is no police problem in the area, and the Fire Chief stated there has been one fire in the area since he has been the Chief in Santa A~a; Mr. Markel further stated that he solicited these petitions with the assistance of Mr. John Harper; that they received no money and gave no money; that their only reason for going there was to help the poor; that there are good, Spanish-American people there who are contented with the area; that they should not be taxed unless they ask for it. Councilman Markel stated that he checked with the City Clerk for procedures; that he had the petitions prepared and sent out, but did not intimidate anyone; that he obtained the list of property owners from the Clerk, and in instances where there was a question as to whether or not the signature was valid, he obtained an opinion from Attorney Ganahl, Mr. Markel discussed the widths of the streets and sidewalks, also stating that he believes the sidewalks and curbs are needed in the area, but that the people on Edinger Street should be included; and that he has been working for the past six weeks for the poor citizens of the City of Santa Ana. Councilman Yamamoto spoke regarding the statements made on each issue-- enhancing property values, City beautification, amount of money to be spent on the project; that the most important subject is the safety of the children; and that of t~..e 161 protesters, only four were interested enough to attend the meeting. ~ ~,~ouncilman Herrin referred to Mr. Markel's statement that property owners were '~ not made aware of the in-~-cl;-crr..cnts of this assessment district. The Director of Public Works stated that legal notices were published and posted, and that each %,~roperty owner was given offlcml not~ce of the hearing, as well as an informal letter Councilman Herrin also questioned the fact that Councilman Markel appeared to be the only person who went out and actively tried to influence property owners, either for or against. In response to an inquiry from the Mayor, Mrs. Palomo and Mrs. Josephine Perez stated that they had worked in support of formation of the district. Councilman Patterson pointed out that the hearing being conducted was primarily for people to protest the formation of the district; that no organized group went out to try to influence the people to pay out $600 or $700 at $9.00 a month, but two persons were very actively involved in trying to get people to protest; yet of 256 property owners, there were only 148 protests, and only 38% of these protesters live in the district; _that only four opposed to the formation of the district were present at the hearing, but there were 27 people in favor of it who were present. He stated the overriding issue is the community need and desire for curbs, gutters and sidewalks in this area; that even the people who protested indicated they wanted to upgrade the property; that they objected to the cost; that the City already has CITY COUNCIL -365 - November 1, 1971 ASSESSMENT DISTRICT 225 - (Continued) invested $22,000 and if the district is approved, will invest $77,000 more; that the improvements will cost from $600 to $700 and will improve the value of each home at least $1, 000, and possibly $2,000; that there is no other way to make the improvements, and no time cheaper than now. Mayor Griset stated that he is opposed to forcing anything on citizens unless there is an overriding necessity; that in this case he believed it was necessary for the public welfare.and that the money spent will improve the values of the property. On motion of Councilman Patterson, seconded by Councilman Yamamoto, RESOLUTION 71-102 DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE IMPROVEMENT WORK, ASSESSMENT DISTRICT NO. 225, SANTA ANA, CALIFORNIA, was adopted~ Motion carried on the following roll call vote: AYES: Patterson, Yamamoto, Villa, Evans, Herrin, Griset NOES: Markel ABSENT: None RESOLUTION 71-103, RESOLUTION ORDERING WORK, ASSESSMENT DISTRICT NO. 225, SANTA ANA, CALIFORNIA was adopted, on motion of Councilman Patterson, seconded by Councilman Yamamoto, and carried on the following roll call vote: AYES: Patterson, Yamamoto, NOES: Markel ABSENT: None Villa, Evans, Herrin, Griset RESOLUTION 71-104, RESOLUTION AWARDING CONTRACT, ASSESSMENT DISTRICT NO. 225, SANTA ANA, CALIFORNIA, was adopted on motion of Councilman Patterson, seconded by Councilman Yamamolo, and carried on the following roll call vote: AYES: NOES: ABSENT: Patterson, Yamamoto, Villa, Evans, Herrin, Griset Markel None At the request of Attorney John Ganahl, Councilman Patterson moved to authorize the attorney to amend the resolutions as necessary to properly reflect the protest. Motion was seconded by Councilman Yamamoto and carried on a 6 - 1 vote, Council- man Market dissenting. RECESS At 10:55 P.M., a recess was declared. The meeting reconvened at 11:05 P.M., with all Council members present. ORD. NS-1094 CIVIL SERVICE REGULATIONS AMENDING SECTIONS 9-11, 9-37,- 9-130, 9-131, ORDINANCE NS-1094 AMENDING THE SANTA ANA MUNICIPAL CODE BY ADDING SECTION 9-146 AND 9-132, 9-133, 9-136, 9-139, 9-140, 9-163, 9-166, 9-167, 9-183, 9-190, 9-191, 9-i92, 9-193 PERTAINING TO CIVIL SERVICE REGULAr;IONS was passed to second reading on motion of Councilman Evans, seconded by Councilman Herrin, and unanimously carried. CITY COUNCIL -366- November 1, 1971 CULTURAL HERITAGE BOARD Mr. Herrin stated that he would like to encourage persons interested in the preservation of historical buildings and sites within the City to work on such a program with the assistance of the Staff, but he would be opposed to the City taking the responsibility. The Mayor suggested implementation of a comprehensive inventory and evaluation of buildings and sites of interest. Councilmen Evans and Patterson stated they would be in favor of such a program and would like to ~ake steps to assure that it would not be buried, suggesting that the matter be referred to Staff to investigate and report back to Council. On motion of Councilman Herrin, seconded by Councilman Yamamoto, and unanimously carried, Council authorized Staff to assist any persons or groups interested in working for preservation of buildings, areas, and sites within the City which have potential historical value. PLANNED RESIDENTIAL ZONE On motion of Councilman Herrin, AND PRIVATE STREET STANDARDS seconded by Councilman Evans, and unanimously carried, Council set for public hearing on December 6, 1971, at 7:30 P. M., a proposed amendment to Chapter 41, Zoning, and Chapter 34, Subdivisions, of the Municipal Code to allow Planned Residential Development in the RE, R 1, R2, R3, R3H, R4, CR and P Districts throug~ the Conditional Use Permit procedure to zones having the PRD suffix added. TRAFFIC SIGN REQUEST On motion of Councilman Herrin~ seconded by Councilman Patterson, Council denied a request to lower the speed limit on West Elder Avenue between Raitt and Center Streets. Motion carried on a 5 - 2 vote, Councilmen Evans and Yamamoto voting NO. On motion of Councilman Herrin, seconded by Councilman Patterson, and unanimously apprbved, Council denied a request to install "Caution-Children at Play" signs on West Elder Avenue. between Raitt and Center Streets. On motion of Councilman Herrin, seconded by Councilman Patterson, and unanimously carried, Council approved installation of a stop sign at the intersection of Center Street and West Elder Avenue (east leg). ALIGNMENT OF WARD BOUNDARIES City Attorney Withers reported that the Supreme Court has made it quite clear that ward boundaries shall be set on the basis of population rather than registered voters. The method for achievi~ this is difficult, requiring a headcount, or census, 90 days before an election. Councilman Patterson suggested that the boundaries be aligned as soon as possible, and only minor adjustments would be required at election time. The Assistant City Manager stated that the census tract for the 1970 census will not be available until next June; and that the last complete census taken here in 1966 cost the City $28,000, He suggested it might be prudent to wait until the Court has set guidelines, or until the 1970 census tract data is received, since there is no Municipal election next year. CITY COUNCIL -367- November l, 1971 ALIGNMENT OF WARD BOUNDARIES - (Continued) Councilman Patterson's motion to refer the matter to Staff to investigate possible ways of meeting population requirements and to submit to Council a proposed plan of ward boundaries as soon as the information is available, was seconded by Councilman Herrin and carried unanimously. SUMMARY OF REFERRALS the next regular meeting. At Councilman Herrin's suggestion, Council unanimously agreed to defer consideration of this item to POOL TABLE APPLICATION Councilman Herrin's motion, seconded by Councilman Patterson, to approve the request of Larry J. Polk for a permit to operate pool tables at Noru Tavern, 220 West Warner Avenue, carried on a 6 -.1 vote, Councilman Yamamoto dissenting. EXCHANGE OF PARK PROPERTIES On motion of Councilman Herrin, FOR SCHOOL SITES seconded by Councilman Villa, and unanimously carried, Council set for public hearing on November 15, 1971, at 7:30 P. M., a proposal for purchase or exchange of City property by Santa Aha Lkified School District including a parking lot located on the south side of Warner Avenue east of and adjacent to the State Armory, and a portion of E1 Salvador Park, plus a portion of Townsend Street between Civic Center Drive and Tenth Street. COUNCIL PUBLIC RELATIONS On motion of Councilman Patterson~ seconded by Councilman Villa, and unanimously carried, Council authorized permanent identification badges for the Councilmen and all employees at the level of department head or above. Mayor Griset suggested that this matter could be handled in conjunction with the recommendation for a City Seal which will be presented to the Council in the near future for consideration. Councilman Patterson suggested a Dial-the-Mayor program which would make it possible for citizens to dial a telephone number on a 24-hour basis. A taped message would request the caller to state his name, address and comments or question. Each morning the tape would be transcribed and referred to the Mayor or the City Manager for reply. He stated the cost is nominal, approximately $25.00 per month. The Dial-the-Mayor program was approved on motion of Councilman Patterson, seconded by Councilman Herrin, and carried on a 6 - 1 vote, Councilman Markel dissenting. CITY COUNCIL -368- November 1, 1971 COUNCIL PUBLIC RELATIONS - (Continued) Councilman Patterson further suggested a periodic press conference, involving the Council, staff, and press. He stated there would be no action taken; that it would just be an exchange of information, with some TV coverage on occasion. Council was requested to consider the matter for decision at a later date. JOINT DINNER MEETING Mayor Griset presented a letter SANTA ANA SCHOOL BOARD from Mr. Kenney of the School Board, requesting a joint meeting with the City Council at dinner on November 15th. The joint meeting was unanimously approved on motion of Councilman Villa, seconded by Councilman Patterson, and the Clerk was requested to make arrangements at the Saddleback Inn. CONFLICT OF INTEREST Councilman Evans stated he JOHN SCHILLING believes that Planning Commissioner Schilling should decide where he is going to serve -- on the School Board to which he was elected, or on the Planning Commission; that meetings sometimes conflict; that there are many people who are well qualified to act as Planning Commissioners; and that Mr. Schilling owes it to the City to decide where he will serve. USE OF CITY STATIONERY Mrs. Janice Boer~ 912 North Lowell, spoke briefly concerning ward boundaries and press coverage. She also noted that City stationery has been used for a personal purpose by a member of the Human Relations Commission. At the request of Councilman Patterson, the matter was referred to staff for investigation and report to Council. FIREWORKS DISPLAY The Assistant City Manager stated MUNICIPAL BOWL that a request has been received from the Santa Aha City College Band for a fireworks display in the Municipal Bowl on November 13, between 8:00 and 10:00 P.M. by a Fireworks Display Company licensed by the State; that in accordance with Section 12-24 of the SAMC, this application requires Council approval. Council approved the fireworks display on the unanimously approved motion of Councilman Herrin, seconded by Councilman Markel. COUNCIL AGENDA FORMAT Councilman Patterson requested that the wording of the NOTICE at the beginning of the agenda be changed to read: "Persons addressing the Council will be requested to limit their remarks to five minutes . . ." He also requested that Executive Sessions be scheduled as the last item on the afternoon agenda, rather than the first. Mayor Griset stated that he believes the Executive Sessions are the most important item and should take priority over anything else. The matter will receive further consideration at a later date. CITY COUNCIL -369- November 1, 1971 A DJOUHNMENT carried, The meeting was adjourned at 11:50 P.M., on motion of Councilman Herrin, seconded by Councilman Evans and unanimously Florence L Makne Clerk of the Council CITY COUNCIL -370 - November 1~ 1971