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