Loading...
HomeMy WebLinkAbout1953-01-05City Council met~ in regular session. Meeting oalle~ to or,er'by the Mayor° Trustees ¥illiamJerome, Orson H. Hunter, Milfor~ W. Dahl, Cou~tney R. Chandler. J.L;McBri~e Oouncil Chamber Santa A~a'City Hall January 5, 1953 7:30 P.M. Each member of the City Council having reoeive~ copies of the Minutes of December 15, 1952, rea~ing of the Minutes was dlspense~with Ln~ approve~ on motion of T~ustee Jerome, seoonae~ by Dahlan~ earrie~. In Re Continued Hearing Bertram W. vogel (delinquent sales tax) This being the ~ate set for the continue~ hearing in the matte~ of Bert~amW. Vogel, 1506 North Main Street, on revocation of City Sales Tax Perml~No. 193 for non-payment of City Sales Tax, the Clerk rea~ communication from Mr. Vogel stating that he was enclosing the sum of 306 In Re Ordinance Amend. Application Provision for fenses around Junk yards, etc. In Re Resol. No. 53-1 Parking limitations and curb markings btn Edgewood Road and Santiago Park on No. Mamn St. In Re Resol. No. 53-2 Accept Easement Deed Walter C. Collins & Grace F.Vandenberg In Re Resol. No. 5~-3 Ao&.I. Improvement Dist. No. ~ In Re Variance Clara E. Vose $50.00 to be applied as part payment on delinquent sales tax and requett- lng an extension of time until the end of January 1953 to pay the balance, together with quarterly collection now due. On motion of Trustee Dahl, seconded by Jerome and carried, the request of Mr. for an extension of time in which to pay delinquent sales tax was denied and Clerk instructed to immediately notify Mr. Vogel that unless the balance is paid within five days from date of notice, Bales Tax permit will be revoked and legal action taken. On motion of Trustee Dahl, seconded by Jerome and carried, the follow- lng Ordinance entitled: "An Ordinance amending ISanta Aha Municipal Code' by adding thereto, Section 42?6.6 requiring solid fence around Junk and salvage yards and Section $276.? requiring existing yards to comply with requirement" and setting date of compliance as of May 15, 1953, was introduced, read, considered and placed on file for second reading. . On motion of Trustee Dahl, seconded by Jerome and carried, the follow- lng Resolution entitled.' "Ooncerning parking limitations and curb markings in accordance therewith" and establishing no parking zones on North Main Street between Edgewoo~ Road and Santiago Park, was read, considered, designated Resolution No. 53-1 and passed by the following vote: Ayes, Trustees William Jerome, Orson H. Hunter, Milford W. Dahl, Courtney R. Chandler. Noes, Trustees None Absent, Trustees J.L.McB~id~ . On motion of Trustee Hunter, seconded by Dahl and carried, the follow- lng Resolution entitled~ "Resolution Accepting Easement Deed" from Walter C. Collins and Grace Fuller Vandenberg conveying a non- exclusive right of way for sewer and drainage purposes in, over and on the south five feet of Lot B-3, Dean~e Addition, was read, considered, designated Resolution No. 53-2 and passed by the following vote: Ayes, Trustees William Jerome, Orson H. Hunter, Milford W. Dahl, Courtney R. Chandler. Noes, Trustees None Absent, Trustees J.L.McBride . On motion of Trustee Hunter, seconded by Jerome and carried, lng Resolution entitled: the follo~ "Directing that Acquisition and Improvement District Number Four be d~opped from the Tax Roils" was read, considered, designated Resolution No. 53-3 and passed by the following vote: Ayes, 'Trustees 'William Jerome, Oreon H. Hunter, Milford W. Dahl, Courtney R. Chandler. Noes, Trustees None Absent,Trustees J.L.NcBride . On motion of Trustee Hunter, seconded by Jerome and carried, the recommendation of the Planning Commission was approved and variance g~anted to 01ara E. Vose to permit a "branch" real estate office in existing glassed-in porch and to maintain a 3~x4' sign stating same on property at 1320 Memory Lane, subject to oertaln conditions. # 3 0 7 " In Re Tentative Map Tract No. 1727 In Re Map Traet 1676 Improve Halladay and Hickory Sts. Re Variance Grace Curren- Belle Greschner Piatt In Re Variance Commercial National Bank In Re Communication Mrs. J.P.Sutherland (annexation) In Re Communication Walter E. Tipton (damage claim) In Re Request 'Probation Dept. (Use of Community Club House) Communication was read from the Planning Commission recommending approval of Tentative Map of Tract No. 1727, submitted by Na~er Baker covering property on the north side of 17th Street and 299 feet west of Wright Street and consisting of 44 lots, subject to the condition that the cul du sac be changed to a straight 60 foot street to the north property line. On motion of Trustee Dahl, seconded by Jerome and carried, the recommendation of the Planning Commission was accepted and Tentative Map of Tract No. 1727 approved subject to the provision that one-half of the sixty foot east and west street at the north end of the subdivision be dedicated and improved, in addition to the condition imposed by the Planning Commission. # On motion of Trustee Dab_l, seconded by Jerome and carried, Map Tract No. 1676 and bond submitted by Paul B. Witmer, in the sum of $10,000.0C were approved and officials authorized to sign Map covering improvement consisting of paving, curbs, sidewalks, water mains and sewers on Halladay and Hickory Streets ~unntng south from McFadden Street. # On motion of T~ustee Jerome, seconded by Dahl and carried, the recommendation of the Planning Commission was approved and variance granted to Grace Curren and Belle Greschner Platt to permit an additiom to the existing building for two offices for real estate and professio~ al pu~l~oses on property at 115 East llth Street, subject to certain conditions. # On motion cf Trustee Dahl, seconded by Jerome and carried, the recommendation of the Planning Commission was approved and variance gu-anted to Commercial National Bank to permit parking space and drive- way for passenger vehicles at 2133 South Main Street between St. Gertrude Place and Anahurst Place. # Communication was read from Mrs. J.P.Sutherland, Chairman, Sub-Committe on Annexation, requesting assistance in making an annexation study and gathering the data necessary to help the citizens of Costa Mesa to determine the possibility of annexation to the: City of Santa Ana. On motion of Trustee Hunter, seconded by Dahl and carried, the request was referred to the Administrator with the suggestion that he contact ~h~s. Sutherland for further information, as soon as possible. Communication was read from Walter E. Tipton presenting a bill from Law~ence Plumbing Company, in the sum of $51.99 for damage, done to plumbing in front of his home at 702 E. 17th Street by heavy road equipment used during the process of reconstruction work on East 17th Street. On motion of Trustee Jerome, seconded by Dahl and carried, the communication was referred to ~he Attorney for report at the next meeting. # Communication was re~d from David R. HcMillan, Probation Officer, requesting use of the Community Club House, without charge, for the afternoon and evening of February 19th, for a training center institute for probation officers of Orange, San Bernardino and Riverside Countie~ and on motion of Trustee Dahl, seconded by Jerome and carried, the request was g~ante~. # 3O8 In Re Communication Eeith E. Hoffmaster In Re Tract No. 1541 Bond released In Re Tract No. 1562 Bond ~eleased In Re Request Santa Ana City Schools Widen circula~ driveway In Re Request Mrs. Ruth Forrest (stop sign or tsohool zone' sign) In Re Communication City of Chico In Re Claim Pacific Telep. & Teleg. Co. In Re Claim S.Elizabeth Millen In Re Beverage Applications 0ommunioation was read from Keith E. Hoffmaster protesting against the hours established for the issuance of new bicycle licenses, and on motion of T~ustee Dahl, seconded by Hunter and carried, the Clerk wac instructed to advise Mr. Hoffmaster that the hours established are considered the most suitable and efficient for the issuance of bicycle # Oommunication was read from the City Engineer advising that improve- ments within~the boundaries of Tract No. 1541 have been completed, and on motion of Trustee Jerome, seconded by Dahl and carried, bond filed by Glenn C. Bailey, in the sum of $40,000.00, was ordered released. Communication was read from the City Engineer advising that improve- ments within the boundaries of Tract No. 1562 have been completed, and on motion of Trustee Jerome, seconded by Hunter and carried, bond filed by Baker Development 0ompany, in the sum of $2?,000.00, was .. ordered released. 0ommunioation was read from Secretary, Santa Ana City Schools, requests! lng permission to widen circular driveway entrances at the Carl Harvey ii School, 1325 East Fourth Street, so that the eastern entrance to the driveway will be 58 feet in width and the western extremity will be 38 feet in width. On motion of Trustee Dahl, seconded by Jerome and carried, permission was g~anted to widen the circular driveway, in compliance with the sketch as presented. # Communication was read f~om Mrs. Ruth Forrest requesting that a stop sign or a #school zone# sign be erected at Edinger and Towner Streets, and on motion of T~ustee Jerome, seconded by Dahl and carried, the request was referred to the Administrator, Engineer and Chief of Polic~ fo~ ~epo~t at the next meeting. On motion Of Trustee Dahl, seconded by Jerome and carried, communicati~ f~om the City of Chico requesting Santa ina to assign its remaining monies in the amount of $10,926.81 known as Chapte~ 47 ~nds made available in 1954 by the State Legislature for the preparation of plan~ and acquisition of sites and rights-of-way for public works projects, was received and filed. On motion of T~ustee Jerome, seconded by Dahl and carried, the verified claim of the Pacific Telephone and Telegraph Company for damage to 6 feet of their single tile duct and 400-pair, 2~-gauge alpeth Cable, on the south side of l?th Street, about 200 feet west of Santiago Avem~e, in the amount of $183.56, was referred to the City Attomley. # On motion cf Trustee Jerome, seconded by Dahl and carried, the claim of S. Elizabeth Millen, in the sum of $19.50 for alleged injuries sustained when she fell into a water meter box &t 1115 West Washington Avenue', was referred to the City Attorney and Insurance Carrier. # Trustee McBride arrived at 8:25 P.M. On motion of Trustee Jerome, seconded by Dahl and carried, the notifications of the State Board of Equalization of alcoholic beverage~! applications made by Rose A. Guard, 1301 No. Main St., Rose A. Guard, 633 So. Main St., JosePh M. Eannareno and Alexander J. Miller, 303 No. 309 In Re Civil Serv. Board Minutes; Reports In Re Taxicab Application In Re Request H.G.Gooder (remove buildings) In Re Request A.H.Famularo (extension of time) In Re Demands In Re Install street lights In Re Request Purchasing Agent (modify-contract with Hazard Insulated Wire Works) In Re Appointment John C. Buohart Jr, Civil Defense and Disaster Council Grand Avenue, and Frank T. Lewis, dba Tonyls Cafe, 801 E. First Stre~ were ,received and filed. # On motion of T~ustee Dahl, seconded by Jerome and carried, Civil Service Bosmd Minutes dated December 12, 1952, reports of the Buildir Department, Poun~master and Police Department for December, 1952; Judgers report for December, 1952 and including January 2, 1953 and annual report for 1952, report of cash bail on hand as of January 2, 1953 and report of checks outstanding as of Jan~wy 2, 1953, were received and filed. # On motion of T~ustee Jerome, seconded by Dahl and carried, the application of Frank R. Lopez to drive taxicabs, was received and ~ermlt g~anted. On motion of T~ustee Hunter, seconded by Dahl and carried, the of H.G.C~oder for an additional thirty days in which to complete the removal of buildings which he purchased at the Community Center, was g~anted. # On recommendation of the City Engineer and on motion of T~ustee Dahl, seconded by Hunter and carried, the request of A.H.Famularo for an extension of thirty working days in which to complete the ion of the storm sewer on Maple Street from McFadden to First, and on First f~om Maple to French Streets, was granted. # On motion of T~ustee Jerome, seconded by Hunter and carried, the demands as audited by the Finance Committee were approved and Clerk authorized to issue warrants for same. # On motion of Trustee Jerome, seconded by Dahl and carried, the City Engineer was authorized to install over-head street lights, where needed, on City streets, at not less.than 250 feet apart. . Communication was reaff from City Purchasing Agent requesting permissi¢ to modify contract dated April 16, 1951, with the Hazard Insulated Wire Works, to reduce item i by 2500 feet, 6 pairs #16 and 3 pairs #12 fire alarm cable and to add item 3 for 1250 feet, 12 pairs #16, fire al'arm cable, and advising that the ~overall effect will be a reduction in price of $320.07. On motion of T~ustee Dahl, seconded by Jerome and carried, pe~mission was granted to modify the contract and proper officials authorized to enter into w~itten contract, if necessary° # Communication was read from the City Administrator advising that Alton B. Oulver, Chief of the Communications Service, City of Santa Ana Civil Defense and Disaster Council will not be available to serve and requestl~gconfiPmation of appointment of John C. Buchart Jr. On motion of T~ustee Dahl,seoon~od by Hunter and carried, the recommendation of the Administrator was approved and John C. Buchart, Jr. appointed Chief of the Communications Service, Civil Defense and Disaster Council. # 310 In Re Petitions Freedom of Choice The Clerk stated that she had requested the City Attorney to furnish a written opinion a~ to the legality of the petitions requesting the City Council to submit to the voters the following entitled initiative measure: "Petition requesting the City Council of the City of Santa Ara to submit to the voters a proposition for the adoption of an Ordinance to provide that businessmen, property owners and employers residing within the corporate limits of the City of Santa Ara shall have the right to choose their own guests, patrons, tenants, neighbors and employees." The Clerk also stated that an affidavit of publication to circulate petitions had not bee~ filed in the office within ten days after such publication. On advice of the City Attorney, and on motion of Trustee Dahl, seconded by McBride and carried, the Clerk was instructe~ not to check the names app'earlng on the petitions and not to place theii measure on the ballot in the forthcoming City election on the g~ounds ~, that it is not proper legislation within the meaning of the initiative!' and referendum statutes and laws of the State of California. A written opinion from the City Attorney, dated January 6, 1953, was filed in the Clerk's Office on January 7, 1953 and is quoted in full: "In furtherance and confirmation of the discussion had with you yesterday during the Council meet- lng and in response to the request for a written opinion regarding the matter herein discussed, I submit the following: The factual ~ackground is as follows: On July 17, 1952 notice of intention to circulate a petition with the accompanying statement required was published in the Santa Ara Register; on December 23, 1952 proponents of the initiative ordinance offered petitions bearing signatures to the City Clerk for filing; these abe declined to file because she had no affidavit ef publication .which, by Section 1705 of the Election Code, is required as fellows: "Within 10 days after the date of publication cf notice, the proponents shall file a copy of the notice, accompanying state- ment and an affidavit of publication#*# with the City Clerk." Section 15 of the Election Code states: "Shall is mandatory and may is permissive." The signed petitions were left in the Clerk's office; on December 24,~ 1952 the proponents filed the affidavit of publieatlon and one petition with the City Clerk. Based On the language of the Sections herein referred to, this is a defect in the preliminary steps of attempting to get this initiative ordinance presented to the voters. The filing of the affidavit creates a public record in the office of the City Clerk and is notice to the whole City,i! in addition to the published notice, that petitions will be circulated and signers solicited. This step was not complied with. Had it been, under the Oode the Clerk would have had 10 days in which to verify the names to determine whether or not a sufficient number of signatures had been obtained. On about the 26th of December, 1952, the 0ity Clerk discussed this matter with me and I suggested to her that no check of signatures be made until after the Council meeting on Monday, the 5th of January, 1953, to allow an opportunity to present the whole question to the 0ouncil. This I did yesterday, outlining the factual background as set out hereinabove. I further stated to your Honorable Body that I had been informed that if an attempt were made to place this measure on the ballot, a writ of mandate would be sought to prevent our doing so; that if no action were taken to place the matter on the ballot, there would be cou~t action seeking to compel the City to do so. The provisions of the initiative by Sections a~e briefly as follows: Section 1 provides that the right to employ or not to employ other persons in free discretion " shall not be abridged and declares organized laborts right to contract and bargain collectively. This, I believe, is a restatement or a brief snmmation of rights as they exist in California today~ Section 2 provides that the right of owners ofproperty to contract among themselves or Join an association for establishing regulations, restrictions, and prohibitions concerning use and occupancy of housing accommodations, shall not be abridged; that the majority of them may agree in writing to let any person occupy housing accommodations and such right shall not be abridged by law or contract to prevent giving consent solely becaus~ of race, color, nationality, er religion. This Section may be in conflict with the Fourteenth Amendment to the Constitution of the United States as recently Intex-preted by the Supreme Court. If it is not, then it would. appear to be meaningless. Section 3 states that ~he concensus of opinion of the voters.is that owners and operators of places of public accommodation where eating, drinking, dancing, or living under the same r6of together shall have the right to choose their own guests, patrons, and tenants and this right shall not be abridged. This Section is not legislative since it merely expresses an opinion which opinion is in conflict with provisions of the Penal and Civil Codes. The material of this Section is a proper subject of petition which is a right reserved to the people but ia in no sensel! legislative in nature and it is my opinion.that it is not properly a part of any ordinance. Section 4 contains provisions on severabllity, stating that if any Section be declared unconstitutional, this shall not affect the validity of other Sections. Section ~ provides that the provisions shall be self-executlng. Section6 provides that all ordinances in conflict are repealed to the extent of the conflict. In my opinion this Section is surplusage since ! do not know of any Ordinance of the City of Santa: Aha that is in conflict with any of the provisions of said proposed initiative ordinance. Section 7 provides that after two years, the Oouncil may amend or repeal any of the provisions of the proposed initiative or~tlnance. The right of initiative is a reservation to the people, of legislative power equal to that grante~~ to the City Council. The right is limited to the same extent that the City Council's right to legislate is limited. The right can apply only to matters that are legislative in nature. 311 Government Code, Section 37100 provides that the Council may pass ordinances not in conflict with the Constitution and laws of the State or the United States. Therefore, the right of the people of the City of Santa Ara to adopt ordinances by the initiative process is limited to the adoption of ordinances not in conflict with the Constitution and the laws of the State or the United States, As I told you, I am informed and believe that the City will be involved in litigation regarding the above initiative regardless of what the City does in this matter. In all probability, the next 0ity election will be held on April 7, 1953. In fairness to the proponents of this proposed initiative measure, I believe an approach which will allow all questions regarding the legality to be raised in one action should be followed. The time is short and I doubt if-two separate actions, even at the Superior Court level, could be completed in time to allow this measure ~to be placed on the ballot if the Court finally held that it should be. No California Court has ever passed on Section 1705 of the Election Code. A decision on this Section would be of service to all cities of the State. In my opinion the main interest of the Council at this time should be to avoid multiplicity of actions. X have always believed that one of the preliminary duties of a City Council was to avoid the neSdless or wasteful expenditure of tax money. You should also consider your duty in this regard and seek to adopt a position which will require the expenditure of the fewest tax dollars. I point this out especially because I do not believe that the adoption of the proposed initiative ordinance would change or correct or benefit or harm anything or interest in the City. That is, I do not believe it is legislative in nature. The Council as such can have no interest in the adoption of or defeat of this proposed initiative ordinance. Therefore, you~ duty to avoid unnecessary expenditure of tax funds would seem to be a clear obligation upon your Honorable Body. The only other obligation is to afford the proponents of this measure an opportunity fop an early amd complete Court determination." In Re Application to solicit funds .On recommendation of the appointed committee and on motion of Trustee Dahl, seconded by Hunter and carried, the request of B.F.Harbury, Principal, Stony Crest School, at Petrie, for permission to solicit funds in the sum of $150.00 for the purpose of obtaining funds to build a school unit and remodel an existing building for dormity use, In Re Ordinance Anti-Noise Regulations was denied. On motion of Trustee Hunter, seconded by Dahl and carried, the lng Ordinance entitled: "An Ordinance amending ~Banta Ara Hunicipal CodeI by amending Sections 4270 and ~270.1 and repealing declaring necessity to prohibit noises, was introduced, read, con- lin Re Advertise for bids - Fire Hose sidered and placed on file for second reading. On motion of Trustee Jerome, seconded by Dahl and carried, the Clerk was authorized to advertise for bide for 1200 ft. of 1~" double .Jacketed cotton rubber lined fire hose with brass rocker lug coupling~ coupled in 50 ft. lengths with Pacific Coast standard thread. 1000 ft. of 2~" double Jacketed cotton rubber lined fire hose with brass rocker lug couplings coupled in 50 ft. lengths with National Standard thread. Two 10 ft. lengths of 4~" hard suction Bose Couplings to be furnished by the City of Santa Ans. In addition, bids are invited on unit price for additional 50 ft. lengths of 2~" hose with couplings as specified in the basic bid. Bids to be In Re Condemnation South half Richland St., west of Shelton February 2, 1953. On motion of Trustee McBride, seconded by Dahl and carried, the City Attorney and Engineer'were instructed to p~epa~e necessary Resolution for condemnation to acquire the south half of Richland Street fo~ aa approximate distance of 100 feet west of Shelton Street, and present In Re Resol. No. 53-~ Agreement with Pac.Elec. Ry. Co. (Grade crossings at Orange Ave.) to the Council at the next meeting. .On motion of Trustee Dahl, seconded by Jerome and carried, the ing Resolution entitled: "Authorizing the execution of an agreement with the Pacific Electric Railway Company for the construction of two at grade crossings" was read, considered, designated Resolution No. 53-4 and passed by following vote: Ayes, Trustees Noes, Trustees Absent, Trustees William Jerome, J.L.McBride, .~ilford W. Dahl, Courtney R. None None Orson H. Hunter, Chandler. 312 In Rs Plans & Spec' Assess. Dist. In Re Resol. No. 53-5 Filing plans & spec. Assess.Dist. 195 In Re Instructions to City Attorney Assess.Dist. 195 In Re Resol. No. 53-6 Determining nature, location & extent of improvements Assess. Dist. 195. In Re Debt Limit Report Assess. Dist. 195 In Re Resol. No. 53-7 Approvin~ Report Time and Place of Hearing Assess. Dist. 195 In Re Instructions to City Engineer (Bo.Main Mutual Water Co. Water Pump) The City Engineer presented plans, speoiflo%tions, map of assessment district and es$1mate on Assessment District No. 195. On motion of Trustee.Dahl, seconded by Jerome and carried, the follow-- ing Resolution entitled: #Resolution of the City 0ouncil of the City of Santa Aha, California, ordering filing of plans and specifications and district map for construction of certain street work# was read, considered, designated Resolution No. 53-5 and passed by the following vote: Ayes, Noes, T~ustees Absent, Trustees William Jerome~ J.L.MoBride, Orson H. Hunter, Milford W. Dahl, Courtney R. 0handler. None None On motion of Trustee McBride, seconded by Jerome and carried, the 0ity Attorney was instructed to contact the School Board and inform them of O'Melveny & Myers~ opinion reference payment of assessment in Assessment District No. 195, and that the Council expect the School Board to pay their proportionate cost, and, also to apprise them on the cost of the assessment. # On motion of Trustee Dahl, seconded by McBride and carried, the following Resolution entitled~ #Resolution of the City Council of the City of Santa Ana, California, determining .the nature, location and extent of improve- ments: making other determinations required by the special assessment investigation, limitation and majority protest Act of 1931 and ordering a written report under said Act" was read, considered, designated Resolution No. 53-6~and passed by the following vote: Ayes, Trustees Noes, Trustees Absent, Trustees # On motion of Trustee Dahl, William Jerome, J.L.McBride, Orson R. Hunter, Milford W. Dahl, Courtney R. Chandler. None None seconded by Hunter and carried, the Report under ~he "Special Assessment Investigation, Limitation and Majority Protest Act of 1931# on the proposed Btreet Improvement of the City of Santa Aha, and prepared pursuant to Resolution No, 53-6, was received and filed. On motion of Trustee Dahl, seconded by Hunter and carried, the follow- ing Resolution entitled: #ResolUtion of the City Council of the City of Santa Ana, California, approving report and fixing time and place of hearing thereon# was read, considered, designated Resolution No. 53-7 and passed by the following vote: Ayes, Trustees William Jerome, J.L.McBride, Orson H. Hunter, Milford W. Dahl, Courtney R. Chandler. Noes, Trustees None Absent, Trustees None # On motion of.Trustee Dahl, seconded by Hunter and oarried,'the City Engineer was authorized to negotiate with the South Main Mutual Water Company to pay a portion of ~he cost of a vault to lower the water 313 APPROVEDt pump located on the south side of St. Gertrude Place immediately east of Maple Btreet. # On motion of Trustee Dahl, seconded by Jerome and carried, the City Council adjourned.