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HomeMy WebLinkAbout11-16-1970MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA November 16, 1970 The meeting was called to order at 2:08 P.M., in the Council Chambers of the City Hall Annex, 500 West Sixth Street, with the i'ollowing Councilmen present: Wade Herrin, Vernon S. Evans, J. Ogden Markel, Jerry M. Patterson, Harry K. Yamamoto, and Mayor Lorin Griset. Councilman Ray Villa was absent, but arrived shortly. Also present were City Manager Carl J. Thornton, Deputy City Attorney David Baade, Director of Public Works Iqonald Wolford, Senior Planner Charles Zimmerman, and Clerk ot the Council Florence I. Malone. City Attorney William L. Mock and Director of Planning Herbert Wieland arrived at the meeting later. MINUTES On motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried, the Minutes of the Regular Meeting ot' November 2, 1970 and the Adjourned Regular Meeting of November 5, 1970 were approved as submitted. Preceding the vote on the above motion, Councilman Markel expressed his objection to the matter of the agreement I'or a study oX the bus system needs of the City being acted upon by the City Council at the Adjourned Regular Meeting of November 5, 1970 which he had been unable to attend, since he had anticipated being able to participate in the discussion. He stated that he was wholly opposed to the hiring of any outside firm to make a study of the City's bus system at the present time. EXECUTIVE SESSION At 2:18 P. M. , the City Council adjourned to Executive Session for approximately one-half hour to consider appointment to the Planning Commissimn. The Council reconvened at 3:30 P.M., with all Council members present. Councilman Villa arrived at the Council meeting during the Executive Session. APPOINTMENT On motion of Councilman Herrin, PLANNING COMMISSION seconded by Councilman Villa and unanimously carried, John Schilling was appointed to the Planning Commission, replacing Wyatt Frieson, for the unexpired term ending June 30, 1972. C~r¥ COUNCIL -335- November 16, 1970 SPEC. 641-202 On motion of Councilman Herrin, TRACTOR seconded by Councilman Yamamoto and unanimously carried, Council ordered filed report of bids received for Spec. 641-202, One Tractor & Backhoe & Front End Loader; awarded contract to the low bidder, McCoy Ford Tractor; and rejected all other bids. BID CALL On motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried, Council approved plans and specifications and authorized advertising for bids for Spec. 641-217, Hydraulic Valve Operator, opening December 1. READING WAIVED On motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried, the full reading of ordinances and resolutions, the titles of which appeared on the public Agenda, was waived. ORD. NS-1034 - A.A. 673 ORDINANCE NS-1034 CHANGING NELSON DISTRICT CLASSIFICATION ON AMENDMENT APPLICATION 673 FILED BY NATHAN K. NELSON AND AMENDING SECTIONAL DISTRICT MAP 9-5-10 (EXHIBIT AA 673 B) (west side of Harbor between Hazard and Westminster) was adopted, on motion of Councilman Herrin, seconded by Councilman Patterson, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Patterson, Markel, Yamamoto None Villa, Griset ORD. NS-1048 - REPEALING ORDINANCE NS-1048 REPEALIN~ UTILITY USER TAX ORDINANCE NS-1042 PROVIDING FOR UTILITY USER TAX was adopted, on motion oi' Councilman Evans, seconded by Councilman Herrin, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Patterson, Yamamoto, Griset Villa None ORD. NS-1057 - A.A. 674 ORDINANCE NS-1057 CHANGING DISTRICq SEGERSTROM, ET AL CLASSIFICATION ON AMENDMENT APPLICATION 674 FILED BY HAROLD T. SEGERSTROM, ET AL, AND AMENDING SECTIONAL DISTRICT MAP 27-5-10 (EXHIBIT AA 674 A) (south side of Segerstrom Avenue between Fairview and Greenville) was passed to second reading, on motion of Councilman Herrin, seconded by Councilman Evans and unanimously carried. CITY COUNCIL -336- November l(i, 1970 ORD. NS-1058 -A.A. 675 ORDINANCE NS-1058 CHANGING SEGERSTROM, ET AL DISTRICT CLASSIFICATION ON AMENDMENT APPLICATION 675 FILED BY HAROLD T. SEGERSTROM, ET AL, AND AMENDING SECTIONAL DISTRICT MAP 27-5-10 (EXHIBIT AA 675 A) (south side oI Warner Avenue between Fairview and Greenville) was passed to second reading, on motion of Councilman Herrin, seconded by Councilman Yamamoto and unanimously carried. ORD. NS-1049 - A.A. 664 ORDINANCE NS-1049 CHANGING O.K. EARL CORP. DISTRICT CLASSIFICATION ON AMENDMENT APPLICATION ~64 FILED BY O.K. EARL CORP. AND AMENDING SECTIONAL DISTRICT MAP 8-5-9 (EXHIBIT AA 664 A) was passed to second reading, on motion of Councilman Patterson, seconded by Councilman Herrin and unanimously carried. ORD. NS-1050 -A.A. 668 ORDINANCE NS-1050 CHANGING O.K. EARL CORP. DISTRICT CLASSIFICATION ON AMENDMENT APPLICATION 668 FILED BY O.K. EARL CORP. AND AMENDING SECTIONAL DISTRICT MAP 8-5-9 (EXHIBIT AA 688 A) was passed to second reading, on motion of Councilman Yamamoto, seconded by Councilman Herrin and unanimously carried. ORD. NS-1051 -A.A. 665 ORDINANCE NS-1051CHANGING O.K. EARL CORP. DISTRICT CLASSIFICATION ON AMENDMENT APPLICATION 665 FILED BY O.K. EARL CORP. AND AMENDING SECTIONAL DISTRICT MAP 8-5-9 (EXHIBIT AA 66~ B) was passed to second reading, on motion of Councilman Herrin, seconded by Councilman Villa and unanimously carried. ORD. NS-1052 -A.A. 662 ORDINANCE NS-1052 CHANGING O.K. EARL CORP. DISTRICT CLASSIFICATION ON AMENDMENT APPLICATION 662 FILED BY O. K. EARL CORP. AND AMENDING SECTIONAL DISTRICT MAP 8-5-9 (EXHIBIT AA 662 B) was passed to second reading, on motion of Councilman Herrin, seconded by Councilman Evans, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Villa, Yamamoto, Griset Markel, Patterson None ORD. NS-1053 -A.A. 663 ORDINANCE NS-1053 CHANGING O.K. EARL CORP. DISTRICT CLASSIFICATION ON AMENDMENT APPLICATION 663 FILED BY O.K. EARL CORP. AND AMENDING SECTIONAL DISTRICT MAP 8-5-9 (EXHIBIT AA 683 B) was passed to second reading, on motion of Councilman Herrin, seconded by Councilman Villa, on the following roll call rot e: AYES: NOES: A B SE NT: CITY COUNCIL Herrin, Evans, Patterson, Villa, Yamamoto, Griset Markei None -337 - November 16, 1970 ORD. NS-1054 - A.A. 666 ORDINANCE NS-1054 CHANGING O.K. EARL CORP. DISTRICT CLASSIFICATION ON AMENDMENT APPLICATION 666 FILED BY O.K. EARL CORP. AND AMENDING SECTIONAL DISTRICT MAP 8-5-9 (EXHIBIT AA 656 B) was passed to second reading, on motion of Councilman Yamamoto, seconded by Councilman Evans and unanimously carrie d. ORD. NS-1055 -A.A. 667 ORDINANCE NS-1055 CHANGING O.K. EARL CORP. DISTRICT CLASSIFICATION ON AMENDMENT APPLICATION 667 FILED BY O.K. EARL CORP. AND AMENDING SECTIONAL DISTRICT MAP 8-5-9 (EXHIBIT AA 667 C) was passed to second reading, on motion of Councilman Patterson, seconded by Councilman Villa and unanimously carrie d. ORD. NS-1056 -A.A. 659 ORDINANCE NS-1055 CHANGING O.K. EARL CORP. DISTRICT CLASSIFICATION ON AMENDMENT APPLICATION 669 FILED BY O. K. EARL CORP. AND AMENDING SECTIONAL DISTRICT MAP 8-5-9 (EXHIBIT AA 669 B) was passed to second reading, on motion of Councilman Patterson, seconded by Councilman Villa and unanimously carried. RES. 70-109 - WARD BOUNDARY RESOLUTION 70-109 DECLARING CHANGES INTENTION OF THE CITY COUNCIL TO CHANGE THE BOUNDARY LINES OF WARDS AS REQUIRED BY THE CHARTER OF THE CITY OF SANTA ANA AND FIXING THE TIME AND PLACE OF PUBLIC HEARING THEREON (setting hearing for December 21, 1970) was adopted, on motion of Councilman Herrin, seconded by Councilman Yamamoto and unanimously carried. RES. 70-110- ANNEXATION RESOLUTION 70-110 DECLARING THE ANNEXATION OF TERRITORY DESIGNATED "SANTA CLARA AND GRAND NORTHEAST ANNEX NUMBER 2 TO THE CITY OF SANTA ANA" was adopted, on motion of Councilman Patlerson, seconded by Councilman Herrin and unanimously carried. CHANGE ORDER Change Order No. 1 to the contract with Silveri and Ruiz, Project 2021, construction o~' various streets, increasing in the amount of $1, 583.35, was approved, on motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried. CITY COUNCIL -338- November 16, 1970 RIGHT OF WAY CERTIFICATION The City Council approved and authorized execution by the Mayor and Clerk of the Council the Right of Way Certification for Project 1276 (A.H.F.P. 326, 366, 428, 495), First Street from Baker Street to Birch Street, on motion of Councilman Herrin, seconded by Councilman Patterson, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Patterson, Markel None Villa, Yamamoto, Griset PROPOSED CITY OF IRVINE After a motion by Councilman Villa, seconded by Councilman Patterson, to authorize execution of Agreement with Barton-AschmanAssociates, Inc., for planning study regarding the proposed City of Irvine incorporation, Council discussed the matter at length. The City Manager explained that the City planning staff was too small and did not have the time to do the research and evaluative work that it was felt was necessary in this matter for the protection of the people of this City. The motion to authorize execution of the agreement passed on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Patterson, Markel None Villa, Yamamoto, Griset HOUSING On motion of Councilman Herrin, seconded by Councilman Yamamoto and unanimously carried, Council ordered filed a letter dated October 28, 1970 from Royce Coln, Area Manager, Orange County Chapter, Building Industry Association of California, Inc., urging the government of tke City of Santa Ana to take whatever action it can to provide housing, through private enterprise, for as many people as is reasonably possible and encourage housing production by encouraging well planned apartment developments. ALCOHOLIC BEVERAGE LICENSE On motion of Councilman Herrin, APPLICATIONS seconded by Councilman Yamamoto and unanimously carried, Council ordered filed the following Alcoholic Beverage License Applications: Moore, Benjamin S. & Mary L., 304 N. Broadway, New On Sale General; 7-Eleven, 1220 N. Bristol, Off Sale Beer & Wine, Person T ransfe r; Californian. 811 N. Broadway, On Sale General, Person- Premises Transfer; Orbit Inn~ 3601 W. 1st, On Sale Beer, Person Transfer. CITY COUNCIL -339- November 16, 1970 PUBLIC PROPERTY USE On motion of Councilman.H,err4n, seconded by Councilman Patterson and unanimously carried, Council referred to staff the Application for Special License to Use Public Property, Orange County Model T Club, to use area east of Community Center, Sunday, May 2, 1971, 6:00 A.M. - 5:00 P.M., for swap meet involving antique car parts and related items. TRAFFIC Report of control devices removed or installed October 28, 1970 through November 9, 1970 was ordered filed, on motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried. VARIANCE AND CONDITIONAL On motion of Councilman Patterson, USE PERMIT seconded by Councilman Herrin and unanimously carried, Council adopted the findings of fact, conclusions and decisions of the Planning Commission or Zoning Administrator as action of the City Council on the following: VA 70-58, GRAND PROPERTIES - to waive portion of required front and rear yard setbacks in a proposed single family subdivision in the A 1 District at 2500 N. Grand - APPROVED; VA 70-59, CHARLES S. ROCKWELL - permit rental of trailers and trucks in the open in the C 1 District at 624- 30 S. Main - APPROVED. It was moved by Councilman Patterson, seconded by Councilman Herrin, to adopt the finding of fact, conclusion and decision of the Planning Commission or Zoning Administrator as action of the City Council on the following: VA 70-60, BOURLAND - permit an automotive garage on property in the R 2 District at 206 N. Mabury - DENIED. The motion passed on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Patterson, Markel None Villa, Yamamoto, Griset PETITION RE ALLEY Council considered a petition dated October 15, 1970, containing 8 signatures of property owners in the area, requesting black topping for the alley running north between East Pine Street and Walnut Street between Cypress Street and Orange Avenue. Lloyd Clark, 211 East Pine, reported to Council that the alley was very rough and was heavily traveled. On motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried, the petition was referred to staff for report. CITY COUNCIL -340- November 16, 1970 SOLICITATION APPLICATIONS On motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried, the following Solicitation Applications were approved: Salvation Army, annual Christmas solicitation, November 27 - December 24, 1970. Santa Ana Seventh Day Adventist Church, house to house soliciting with caroling by voice and sound units, November 17 - December 31, 1970. PUBLIC PROPERTY USE On motion of Councilman Herrin, seconded by Councilman Patterson, Council unanimously approved the following Applications for Special License to Use Public Property: South Main Improvement Association, Christmas decorations on light standards on Main from First to Warner, November 20 - January 3, 1971. Santa Ana City Center Association, Christmas decorations on light standards on Fourth from Broadway to Bush, November 15 - January 3, 1971. PARCEL MAP 681 Parcel Map 681, filed by W. Herbert Allen, creating four (4) M 1 parcels on west side of Yale Street 125 feet south of Harvard, was approved subject to conditions in Planning Director's report dated November 10, 1970, on motion of Council- man Herrin, seconded by Councilman Evans and unanimously carried. EXPLORER POST BOXING The City Manager reported LOCATION orally on the request dated October 27, 1970 from the Boy Scouts organization for use of a City-owned building at 1729 West First Street for a boxing activity for an Explorer Post, referred to staff on November 2, He explained that the building had been rented by the City at approximately the same time the Scout organization had looked at it, so that the City was not in a position to make the building available to the Explorer Post. On motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried, the request was denied and it was directed that a letter of explanation be sent to the party making the request. CITY COUNCIL -$41- November 16, 1970 ASSESSMENT DISTRICT 236 After considering the staff report CONTRACTOR'S REIMBURSEMENT regarding the request by letter dated REQUEST October 26, 1970 from Moulder Bros. Contractors for damage reimbursement, referred to staff on November 2, Council denied the request, on motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried. Councilman Evans left the Council meeting due to illness. RECESS At 4:35 P. M., a five minute recess was declared. The Council reconvened at 4:40 P. M., with all Council members present except Councilman Evans. DEEDS - NO CASH On motion of Councilman Herrin, GRANTEE, CITY seconded by Councilman Yamamoto and unanimously carried, Council · ordered filed the report of No-Cash Deeds accepted by the City Manager, pursuant to Resolution No. 69-156, from October 29, 1970 through November 10, 1970, inclusive. DEEDS WITH CASH It was moved by Councilman Herrin, GRANTEE, CITY seconded by Councilman Patterson, to approve the following deeds and authorize execution of the escrows by the Mayor: Miranda, north side of First, east side of Forest, street purposes. Lewis, north side of First, west side of Western, street purposes. Vanderpool, north side of First, west of Olive, street purposes. The motion passed on the following roll call vote: AYES: Herrin, Patterson, NOES: Markel ABSENT: Evans Villa, Yamamoto, Griset DEEDS WITH CASH GRANTOR, CITY GRANTEE, CITY EXCHANGE OF LAND It was moved by Councilman Herrin, seconded by Councilman Yamamoto, to approve and authorize execution of escrows by the Mayor, and authorize execution of deeds by the Mayor,and Clerk of the Council for the following: Williams, north side of First,west of Olive, street purposes. Williams, north side of First, west of Olive, SPR 70-35. CITY COUNCIL -342- November 16, 1970 DEEDS WITH CASH ~ EXCHANGE OF : ' LAND - (Continued) The motion passed on the following roll call vote: AYES: Herrin, Patterson, NOES: Markel ABSENT: Evans Villa, Yamamoto, Griset DEED, NO CASH It was moved by Councilman GRANTOR, CITY Patterson, seconded by Council- man Yarnamoto, to authorize execution of the following deed by the Mayor and Clerk: Civic Center Authority, north half of 6th, east of Parton, Civic Center purposes. The motion passed on the following roll call vote: AYES: Herrin, Patterson, Villa, NOES: Markel ABSENT: Evans Yamamoto, Griset SURPLUS BUILDING After considering Surplus SPR 70-34 Property Report 70-34 regarding one story residence at 1015 N. Custer Street, Council declared the building surplus and authorized demolition, on motion of Councilman I-Ierrin, seconded by Councilman Patterson and unanimously carried. SURPLUS LAND After considering Surplus SPR 70-35 Property Report 70-35 regarding 4,250 square feet of property located at 1047 West First Street, on motion of Councilman Patterson, seconded by Councilman Yamamoto, Council declared the property surplus, of nuisance value to other than adjacent owner because of size and shape, and authorized negotiated sale, on the following roll call vote: AYES: Herrin, Patterson, NOES: Markel ABSENT: Evans Villa, Yamamoto, Griset CITY COUNCIL -343- November 16, 1970 BOND RELEASES Acting on the Public Works Director's reports of satisfactory completion of improvement, on motion of Councilman Yamamoto, seconded by Councilman Markel and unanimously carried, Council authorized release of bonds for the following: Tract 6747, Mabury Street and Catalina Street. Tract 6701, Nobel Avenue and Ross Street. Tract 6827, Greenville Street and Orion Avenue. Tract 6743, Stevens Avenue and Ross Street. STREET REIMBURSEMENT POLICY The City Council considered the report and recommendation from the Planning Commission on the street reimbursement policy, referred to the Commission by the Council on October 19 for a recommendation. The Planning Commission's recommendation to retain the current policy was accepted by Council, on motion of Councilman Herrin, seconded by Councilman Markel. Councilm~n Patterson and Villa voted "No". ROSS STREET PARKING Council ordered filed the staff report on the petition filed by Mrs. Wilma Potter on November 2, requesting retention of on,-street parking on Ross Street south of First Street; the report stated that a modification of the traffic sensing loops and the elimination of the left turn lane south of First Street will eliminate the necessity of removing curb-side parking in the area. WATER MAIN On motion of Councilman Herrin, REIMBURSEMENT seconded by Councilman Villa and unanimously carried, Council authorized reimbursement to Styleline Homes Incorporated for 741.91 feet of eight-inch water main in Tract 6855, in the amount of $2,225.73. S. P. S.A. NO. 39 On motion of Councilman Markel, SHERRY BOULEVARD seconded by Councilman Herrin and unanimously carried, Council approved Planning Commission' Resolution No. 5944 recommending adoption of Specific Plan for Street Alignment No. 39 and instructed the City Attorney to prepare the amending Ordinance, designating alignment of Sherry Boulevard from Fourth Street to Seventeenth Street, a distance of 4,512 feet, as shown in S.P.S.A. No. 39. CITY COUNCIL -344- November 16, 1970 SOLICITATION APPLICATION Council considered the Solicitation Application of Human Outreach Counsel, for solicitation of funds to purchase building for an expanded youth program, November 17 through December 31, 1970, filed too late to be placed on the printed Agenda. Mr. Robert Lloyd described the work of the organization and requested Council approval. It was moved by Councilman Patterson, seconded by Councilman Herrin and Unanimously carried to refer the application to staff for the regular investigation procedure, with the request that the report be submitted to the Council at its adjourned meeting on November 30. RESOLUTION HONORING Mayor Griset introduced Mr. PRESIDENT NIXON Joseph G. Rollo, caligrapher, who had been commissioned by the Mayor to prepare an illuminated scroll of the Council Resolution honoring President Nixon as Orange County's First Citizen of the Century. Mr. Rollo displayed and described his work. TRASH CONTAINERS Councilman Markel reported that he had received calls concerning the recent failure of the City's Refuse Company to pick up oil drums used for trash containers. The Director of Public Works advised that oil drums have been prohibited for many years because they are unsuitable for that purpose but that it was not until the adoption of the most recent ordinance on the subject that the contractor decided to discontinue their pick up and to request the use of another type of container. POLICE HELICOPTER Councilman Villa reported that the PATROL City of Newport Beach had accepted delivery today of two helicopters for law enforcement patrol service. Councilman Villa read aloud and asked that the following statement by B. James Gla~as, Chief of Police of Newport Beach, he included in the Minutes: "Crime in our cities is of considerable national concern, but to our law-abiding citizens, it becomes more personal. Attacks on persons and property have more than doubled in the last six years. And the statistics show no signs of levelling off. Increasing the size of police agencies is an unpopular answer to citizens in this day of an inflationary economy and ever-increasing tax burdens. A more acceptable solution is to ~rease the effectiveness of the available manpower. CITY COUNCIL -345- November 16, 1970 POLICE HELICOPTER PATROL - (Continued) The helicopter, with trained police officers as pilots and observers, has been demonstrably successful;in curbing crime. It provides a constantly moving observation platform undeterred by dead-end streets and other obstacles to surface travel. It provides the observing officer a field of vision seven times greater than the same officer would have in a patrol car. It shortens dramatically the response time to scenes of crime or emergency and keeps criminals under observation until other officers can arrive and take custody. Probably one of the least publicized benefits of the police helicopter is the sense of security it can give to the residents of a community. Because it can traverse a vast area in a few s_~conds, it can truly provide a policeman outside the door of any home or shop owner in mere seconds. The City of Newport Beach is proud to institute a program of helicopter police patrol on this sixteenth day of November, 1970." Councilman Villa requested the staff to give further study to the budget in an effort to determine if funds might be provided for leasing helicopters for police patrol work. RECESS At 5:30 P.M., the meeting was recessed to 7:30 P.M., at which time it was reconvened with all Council members present except Councilman Evans, who was absent. Follow- ing the Pledge of Allegiance to the Flag, the Invocation was delivered by the Reverend Charles Simon of the Church of Religious Science. PLANNING COMMISSION Mayor Griset introduced John APPOINTMENT Schilling, appointed to the Planning Commission at the afternoon meeting. Mr. Schilling came forward and was given the Oath of Office by the Clerk of the Council. FIRE RATING The City Manager announced the City's new Fire Rating of Class II, a very high rating on the State and National level, only 6 cities in California and 20 cities nationwide having this rating, these figures including Santa Aha, Mr. Thornton introduced three companies of the City's Fire Department, present in the audience, and Fire Chief Eugene Judd also spoke. CITY COUNCIL -346- November 16, 1970 RESOLUTION HONORING Mayor Griset introduced Joseph PRESIDENT NIXON G. Rollo, Caligrapher and Lymner, who is creating a replica, for presentation to President Nixon, of the Resolution adopted by the City Council on September 15, 1969, proclaiming Richard M. Nixon to be Orange County's First Citizen of the Century. Mr. Rollo displayed his work on the replica up to this point and described briefly how this artwork of beautiful writing and illumination is done. PUBLIC HEARING ASSESSMENT DISTRICT NO. FOURTH STREET MALL Assessment District No. 236. Hearing was opened on the 236 confirmation of work and costs for street improvements on Fourth Street from Ross to Spurgeon, The Clerk reported the Notice of Hearing posted, published and mailed as required by law, with evidence on file, and that one written protest of cost had been received from A. Sandy Steiner and two written protests on the work from Mrs. Arthur A. Bissell and Joseph L. Gilmaker had been received. The Clerk read the letters aloud. On motion of Councilman Herrin, seconded by Councilman Markel and unanimously carried, the communications were ordered filed. The Public Works Director reviewed the project. There being no oral protests,~ the hearing was closed. RESOLUTION 70-111 CONFIRMING ASSESSMENT, ASSESSMENT DISTRICT NO. 236, SANTA ANA, CALIFORNIA was adopted, on motion of Councilman Patterson, seconded by Councilman Villa, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Patterson, Villa, Yamamoto, Griset Markel E vans Joseph Gilmaker, 308 West Fourth Street, described some of the conditions of the work which he felt were faulty and requested that the contractor correct them. PUBLIC HEARING Hearing was opened on the appeal PUBLIC DANCING PLACE filed by Cornelius Pasee on the Police Chief's refusal to issue a permit to him to operate a public dancing place at 1214 1/2 West First Street, pursuant to Section 11-5 of the Municipal Code. Cornelius Pasee, the appellant, was present and explained to Council why he thought the permit should be granted to him. No one else desiring to speak, the hearing was closed. RECESS members present. At 8:50 P.M., a five minute recess was declared. The Council reconvened at 9:00 P.M. with the same Council CITY COUNCIL -347- November 16, 1970 Public Dancing Place Hearing (continued) After discussion, on motion of Councilman Patterson, seconded by Councilman Herrin, the appeal was denied, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Markel, Patterson, Villa, Yamamoto, Griset None Evans SIDEWALK INSTALLATION Council considered the request REQUEST of the Human Relations Commission that Council initiate investigation into the possibility of installing sidewalks at the earliest possible date in the Valley High School area. Harlan Anderson, representing the Human Relations Commission, explained to Council that sidewalks were badly needed in the Valley High School area and that the lack of sidewalks had been a contributing factor to a recent incident in the area. Council discussed the matter of assessment district proceedings, whereby Council could initiate an assessment district under the 1911 Act which would require a three-quarters vote of the Council, or whereby the property owners could initiate the district by having more than 50 per cent of the affected property owners sign a peti$ion requesting. It was explained that the Council historically had never initiated an assessment district and the matter of an assessment district for this particular area had come before the Council on past occasions and that it had not gone through because of failure to get more than 50 per cent of property owners signatures on the petition and Council initiated action could not be taken because of failure to get the required affirmative vote of the Council. A motion was made by Councilman Herrin, seconded by Councilman Patterson, to refer the request of the Human Relations Commission to staff for recommendations regarding the alternatives available in creating an assessment district, Council initiated or property owner initiatec~ and the proposed boundaries and construction; and to further instruct staff to work with representatives of the Human Relations Commission regarding recommendations for the boundaries and construction. The motion was adopted on the following roll call vote: AYES: NOES: ABSENT: Herrin, Patterson~ Villa, Yamamoto, Griset Markel Evans CITY MANAGER ABSENCE On motion of Councilman Patterson, seconded by Councilman Yamamoto and unanimously carried, the City Manager was granted permission to be absent from the City for a portion of the months of November and December. CITY COUNCIL -348- November 16, 1970 LEAGUE OF CITIES On motion of Councilman Patterson, CONFERENCE seconded by Councilman Villa, the Mayor and all members of the City Council who could were authorized to attend the National League of Cities Conference in Atlanta, Georgia, December 7 through December ll, at City expense. The motion passed on the following roll call vote: AYES: Markel, Patterson, NOES: Herrin ABSENT: Evans Villa, Yamamoto, Griset Preceding the vote on the motion, Councilman Herrin stated thai he did not think it appropriate that all members be allowed to go at City expense; and that Council could send one or two members as delegates. COMPLAINT George Dunn, 1001 S. Lyon, presented a letter to Couneil, signed by five property owners in the area, complaining about the usage of the property at 941 S. Lyon Street. Mr. Dunn explained to Council that two underground fuel storage tanks had been installed on the property and expressed the opinion that the property, which is in an A 1 zone, is being readied for a construction yard and that lumber is being stored there at the present time. He showed pictures to the Council of the present conditions on the property. Mrs. Lillian Munger and Mrs. Mary Henry also complained that the property was going to be u~ed for heavy trucks and equipment storage and they did not think this should be allowed in an A 1 zone. The administrative staff explained that no permit was required for the under- ground fuel storage tanks in an A 1 District and that the property owner is applying for a variance from the Planning Commission for a storage yard for storage of equipment. It was suggested that the complainants express their opinion to the Planning Commission when the variance application is heard by the Commission. Council directed that the matter of the storage tanks be referred to staff for study and recommendation. ADJOURNMENT At 10:20 P.M', there being no further business to come before the City Council, on motion of Councilman Patterson, seconded by Councilman Villa and unanimously carried, the meeting was adjourned to Monday, November 30, 1970, at 4:00 P.M., in the Mayor's office, City Hall, 217 North Main Street, Santa Ana, California. Florence I. Malone Clerk of .the Council CITY COUNCIL -349- November 16, 1970