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HomeMy WebLinkAbout09-18-1972MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA September 18, 1972 The meeting was called to order at 2:Z0 P. M. , in the Council Chambers of the City Hall Annex, 530 North Ross Street, with the following Councilmen present: Wade Herrin, J. Ogden Markel, Jerry M. Patterson, Ray Villa, Harry K. Yamamoto, and Mayor Lorin Griset. Councilman Evans arrived at 2:25 P~M. Als'o present were Acting City Manager G. David Tayco, City Attorney James A. Withers, Acting Director of Planning Charles C. Zimmerman~ Director of Public Works Ron~ld Wolford, and Clerk of the Council Florence I. Malone. SPECIAL ORDER OF THE DAY A charcoal drawing entitled "Mother and Son", by prominent Mexican Painter- Muralist Arman~ Campero, was accepted by Mayor Griset on behalf of the City of Santa Ana,.~ The,~resentation was in conjunction with an art exhibit at Bunco del Pueblo. MINUTES The Minutes of the Adjourned Regular Meetings of August 26, 28, and 31, 1972, and the Minutes of the Regular Meeting of September 5, 1972, were approved as submitted on motion of Councilman Villa, seconded by Councilman Herrin and unanimously carried. SPECIAL RECOGNITION The Mayor gave speGial recognition to Sandi Mosley,-~Repnrter for The Re~ister, who will no longer be covering the Santa Aha City Council meetings. Mrs. Mosley stated that she has been assigned to the Orange County Board of Supervisors' rr~eetinge, and introduced her replacement, Mr. Con Bliss. HOUSING AUTHORITY all Councilmen present. EXECUTIVE SESSION At 2:23 P.M., Council recessed to convene the Housing Authority. The meeting reconvened at 2:30 P.M., with Council recessed ~ an Executive Session at Z:3~P. IV[o, to consider Personnel rnatters pertaining to appointments to the Human Relations Commission and the Planning Commission. The meeting reconvened at 3:45 P.M. , with all Councilmen present. CITY COUNCIL MINUTES -361- SEPTEMBER 18, 1972 CONSENT CALENDAR The following items were removed from the Consent Calendar: Items 3A, 3B and 3C requested by Councilman Herrin; Items 5A and 7D requested by Councilman Yamamoto; and Items 1D, 1E, 2A, 2B, 6B, 13A, 13B and 14 requested by Councilman Markel. On motion of Councilman Evans, seconded by Councilman Villa, and unanimously carried, Council affirmed the recommended action on the following Consent Calendar items: ,- ~ BID CALLS Approved plane and ~pecificatlons, and authorized advertisement for bids on the following: PROJECT 5012A - Install traffic signals and safety lighting at Flower Street and MacArthur Boulevard and modify traffic signals at Bristol Street and Memory Lane; opening date October 10, 197~-, at 2:00 P.M. PROJECT 6063 - Construct tennis court lighting system at Walnut Street Reservoir; opening date October 10, 197Z at Z:00 P.M. ~- PROJECT 6071 - Construct lighting system in Mabury Park; opening date October 10, 1972 at Z:00 PoM. SPEC. 72-012 - Five (5) each 4-door sedans with wheelbase; opening date October Z6, 197Z at 2:00 P.M. SPEC. 72-013 - One (1) 4-door sedan with 118" wheelbase; opening date October 26, '1972 at 2:00 P.M. SPEC. 72-014 - Fifteen (15) or more, 4-door Police sedans; 13 or more Patrol Units; 2 or more Plain Units; opening date October 26, 1972 at 2:00 P.M. SPEC° 72-015 - One (1) E1 Camino or Ranchero type pickup; opening date October 26, 1972 at 2:00 SPEC° 72-016 - Five (5) each half-ton (5000 GVW) pickups; 4 stepside models and 1 cab & chassis; opening e}ate October 26, 1972 at 2:00 P.M. SPEC. 72-017 - Five (5) each one ton (10, 000 GVW) Cab & Chassis, 4 with 159" wheelbase and 84" Cab to Axle and 1 with 135" wheelbase and 60" Cab to Axle; opening"date October 26, 1972 at 2:00 P.M. SPEC. 72-108 - One (1) two ton (20,000 GVW) Cab & Chassis; opening date October 26, 1972 at 2:00 P.M. CITY COUNCIL MINUTES -362- SEPTEMBER 18, 1972 CONSENT CALENDAR - (Continued) BID AWARDS Awarded contracts as follows on the basis of lowest, best and most responsible bid~e r: PRO3ECT 6066 - Construct tennis court, all-puTpose court and plaza sidewalk in Sandpointe Park; awarde~ to Goodman and Peloquin, La Habra. · ~ PROJECT 6067 - Construct fencing around tennis court in Sandpointe Park; awarded to Master-Bilt Chain Link Fence Co., Los Angeles. SPEC. 72-008 - 42, each, picnic tables; awar~d to R.G. Detmars & Associates, Inco, West Covina. ~, SPEC. 72-009 - One air compressor; awarded'to Hmtprin Supply Co., Los Angeles. ' AGREEMENTS Approved and aut2~erized the Mayor and Clerl~ to execute the following agreement, and approved the expenditure of funds from the 51-551 account in the al'nount of $8,906.17 for the relocation: SOUTHERN CALIFORNIA EDISON CO. - Agreement with the City for occupancy and use of Harbor Boulevard between Kent Avenue and South City limits. TRAFFIC September 18, 1972, inclusive. ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Received and ordered filed report of controLdevices removed or installed August ~1 through Received and ordered filed the following Alco~lolic Beverage License Application: TWO BROTHER'S MEAT MARKET, 3610 West First, #A, Off-Sale Beer & Wine, Person to Person. Transfer. SOLICITATION APPLICATIONS Approved the fol/~wing solicitation application: - - SANTA ANA-TUSTIikl COMMUNITY CHEST, Face-to-~face solicitation and mail; to raise funds in support of ~6 agencies; September 20 to November 20, 1972. VARIANCES, CONDITIONAL Received and ordered filed the USE PERMITS AND MINOR following applications: EXC EP TIONS VA 72-62~ GULF OIL COMPANY - To allow less than 4 acre parcels; mobile home and recreational vehicle sales, mobile home transporters, and vehicle storage in the C 4 District at 800 North Harbor Blvd.; APPROVED. CITY COUNCIL MINUTES -363- SEPTEMBER 18, 1972 CONSENT CALENDAR - (Continued) VA 7Z-63, RICHARD TIMBOE - To construct a 14 unit apartment house and to waive the required 10' rear set- back in the P District at 1009 N. Ross St.; APPROVED. VA 72-64, SILAS & JANET BURNHAlv[ - To waive required off-street parking for a proposed pre-school facility in the R 3 H District at 1501 N. Flower St.; DENIED. CUP 72-15, 3OHN E. OSTERKAIVIP - To construct a mobile home park in the A 1 and C 2 Districts at 4107 ~F. First St.; APPROVED° CUP 72-17, TRINITY LUTHERAN CHURCH - To establish accessory church offices in the R 2 District at 921 - 923 S. Birch Street; APPROVEI)o MINOR EXCEPTION 72-17, ROBERT & EMILIE R. BEARD - To reduce side yard from 4' to 3' 6" in the R 1 District at 2205 S. Laura Linda Lane; APPROVED. PUBLIC PROPERTY USE Approved the following Application for Special License to Use Public Property subject to conditions contained in Staff report dated Septerf%]~er 13, 1972: AMERICAN LEGION POST #131 - To use public preperty in various locations throughout the City from September 29 through October 10, 'I972, for dissemination of Flag display literature and patriotic pamphlets. DEEDS, NO CASH Received and ordered filed a GRANTEE, CITY report of No-Cash Deeds accepted by the City Manager, pursuant to Resolution #69-156, from August 31, 1972 through September 13, 1972, inclusive. TENTATIVE PARCEL/ Approved the following maps, TRACT MAPS subject to conditions contained in Planning Director' s report and waived the alley requirement for #762, #767, and #768: TENTATIVE PARCEL MAP #762 - Piled by Gulf Oil Corporation of California creating two (Z) C 4 parcels; Parcel 1 is to be used for existing service station, and Parcel Z is to be used for sale and storage of mobile homes and recreation vehicles. Both parcels are located generally on the southwest corner of Hazard Avenue and Harbor Boulevard. CITY COUNCIL MINUTES -364- SEPTEMBER 18, 1972 CONSENT CALENDAR - (Continued) TENTATIVE PARCEL MAP #763 - Filed by Grace Sellers creating two {Z) C 2 parcels, to be used for commercial purposes. Both parcels are located generally on the east side of Harbor Boulevard, 425 feet north of McFaztden Avenue. TENTATIVE PARCEL MAP #767 - Filed by Irvine Industrial Complex creating five (5) LM parcels, all of which are to be used for industrialpurposes. A11parcels are located generally north of Dyer Road, west of Redhi11 Av~aue. TENTATIVE PARCEL M.AP #768 - Filed by Synod of Southern California creating two (2) RI parcels, to be used for resldential purposes. Both parcels are located generally on the south side of Hazard Avenue, 27.1 feet west of Euclid Street. TENTATIVE TRACT MAP #7997 - Filed by Pacific Southwest Investment Company creating one (1) R 4lot to be used for airspace condominiums (Apartments are existing)° The lot is located generally on the ne~'h ~ide of Fifth Street; 1, 053 feet west of Harbor ]~ofilevard. FINAL TRACT MAP Approved the final map, accepted the dedications thereon, and the bonds, and authorized~xecution of the subdivision agreement by the Mayor and Clerk; on the following: MAP #7677 - East of Lincoln Avenue, north of~Seventeenth Street. MAP #7879 - South side of Santa Clara Avenue~ west-of Tustin Avenue. COMPLETION OF Authorized release of performance, IMPROVEMENTS monument, labor and material bonds on the following: TRACT 7089 ~ Columbine Avenue and Ross Street. TRACT 7538 - McFadden Avenue and Lyon Street. CONSENT CALENDAR FINIS BID CALLS On motion of Councilman Herr/n, seconded by Councilman Patterson, with Councilman Markel voting NO, Council approved plans and specifications and author ized advertisement for bids CITY COUNCIL MINUTES -365- SEPTEMBER 18, 1972 BID CALLS - (Continued) on the follo~ving: PROJECT 7013A - Construct audio, video and vote tally systems in Council Chambe'rs area of new City Hall; SPEC° 7Z-011 - Moving of all Departments into new City Hall; opening date October 1O, 1972 at 2:00 P.M. . BID AWARDS On motion of Councilman Patterson, seconded by Councilman Villa, with Councilman Markel voting NO, Council authorized a new bid call for Project 6056, Installation of Court Lighting in Flower Street Park, as a separate project; opening date, October 10, 1972, at 2:00 P.M.; and awarded the following contract to Steen Construction Co., Tustin, as the best, lowest responsible bidder: PROSECT 6055 - Construct restroom and s~orage building in Flower Street Park, Second and Flower. On motion of Councilman Herrin, seconded by Councilman Yarnamoto, Council awarded the following contract to Designs In Iron, Fullerton, as the best, lowest responsible bidder: PROJECT 6065 - Construct swimming pool fence extension at Santa Anita Park; the motion carried unanimously. AGREEMENTS On motion of Councilman Herrin, seconded by Councilman Yamamoto, and unanimou~sty carried, Council approved and authorized the Mayor and Clerk to execute the following: JOINT POWERS AGREEMENT AIViENDMENT - Between City and members of the Santiago Library System for the cooperative regional library known as the Santiago Library System. On motion of Councilman Evans, seconded by Councilman Yarnamoto, and unanimously carried, Council approved and authorized the Mayor and Clerk to execute the following: SANTA ANA UNIFIED SCHOOL DISTRICT - Addend%urn to Agreement approved August 7, 1972, regarding seating and lighting at Valley High School Athletic Field, to provide for additional construction of restrooms and drinking fountains. CITY COUNCIL MINUTES -366- SEPTEMBER 18, 1972 AGREEMENTS - (Continued) On motion of Councilman Yamamoto, seconded by Councilman Patterson, and unanimously carried, Council approved and authorized the l~ayor and Clerk to execute the following: COMMUNITY CENTER LEASE ~ Between the City and Bristol Plaza, a Limited Partnership, for lease of property at 1gl2 South Bristol for Community Center facility. ~ ALCOHOLIC BEVERAGE On motion of Gouncilman Herrin, LICENSE APPLICATION seconded by Councilman Villa, vcith Councilman Yamamoto voting NO, Council received and ordered filed the following Alcoholic Beve~a§,e License Application: , CONNOR, Beatrice May ~ John, 2545 W. McFad~ten St., On-Sale Beer, Person to Person Transfer. SOLICITATION APPLICATION On motion of Council~man Herrin, seconded by Councilman Evans, and unanimously carried, Council approved the following solicitation application: CYIRIST FOR INDIA, door-to-door solicitation; to carry on Christian work at home and abroad in orphanage, printing press, Bibles; September 19 to November 19, 197Z. VARIANCE On motion of Councilman Herrin, seconded by Councilman Evans, with Councilman Yam~moto voting NO, Council received and ordered filed the following: VA 72-65 - ROY S. HEAD - To construct a 69 unit condominium in the R 1 District at 5250 W. First Street; APPROVED. REIMBURSEMENTS authorized the following reimbursement: On motion of Councilman Herrin, seconded by Councilman Yamamoto, and unanimously c,arried, Council MARTIN BUILDERS, INC. , for street improvements om south side of McFadden Avenue from the center llne of Lyon Street to 830 feet west in exchange for ultimate dedication on McFadden Avenue, Tract 7538, in the amount of $5,015.97. On motion of Councilman Yamamoto, seconded by Councilman -Patterson, and unanimously carried, Council authorized the following reimburs~'r~ent: GULF OIL COMPANY, for street improvements on traffic signal relocation on the northwest corner of Chestnut Avenue and Grand Avenue in the amount of Sm, Z53.50. CITY COUNCIL AiINUTES -367- SEPTEMBER 18, 1972 BUDGET TRANSFER the following budget transfer: On motion of Councilman Yamamoto, seconded by Councilman Serrln, and unanimously carried, Council approved Appropriation Adjustment No. 8 to transfer $8,400. 00 from Fund 51-231-631 to Fund 51-Z62-63i to cover base bid for restroom and storage facilities; lighting, and slab, to complete development of Second and Flower Street Park. READING WAIVED of ordinances and resolutions, waived. On motion of Councilman Herrin, seconded by Councilman Patterson, and unanimously carried, the full reading the titles of which appeared or~ ~he public Agenda, was ORD. NS-1137 ORDINANCE NS-113Z AMENDING CIVIL SERVICE REGULATIONS SECTIONS 9,135, 9-156, 9-163 AND 9-169 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO CIVIL SERVICE REGULATIONS, was passed to second reading on motion of Councilman Herrin, seconded by Councilman Evans, and unanimously carried. RES. 7Z-94 RESOLUTION OF TItlE CITY COUNCIL MINOR EXCEPTION 72-13 OF THE CITY. OF SANTA ANA OVER- RULING THE DENIAL OF THE ZONING ADMINISTRATOR AND GRANTING MINOR EXCEPTION APPLICATION 72-13 FILED BY GREAT WESTERN RECLAMATION INCORPORATED was adopted on motion of Councilman Herrin, seconded by CounCilman Evans and carried on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, .Villa, Yamamoto Griset, Patterson, Markel None RES. 72-95 RESOLUTIONO¥ HI-~E CITY COUNCIL VA 72-45 OF SANTA ANA UPHOLDING THE DECISION OF THE PLANNING COMMIS- SION AND GRANTING vARIANCE APPLICATION 72-45 FILED BY ARNOLD B. GASSER was adopted on motion of Councilman Herrin, secomded by Councilman Evans and carried on the following roll call vote: AYES: Herrin, Evans, Villa, Markel NOES: Griset, Yamamoto, Patterson ABSENT: None CITY COUNCIL MINUTES -368- SEPTEMBER 18, 1972 RES. 72-96 RESOLUTION OF THE CITY COUNCIL AMENDMENT TO THE GENERAL PLAN OF SANTA ANA AMENDING THE ARTERIAL STREETSqnORTION OF THE "LAND USE AND ARTERIAL STREETS" ELEMENT OF THE GENERAL PLAN IN THE EXTENSION OF BEAR STREET FROM ALTON AVENUE TO SEGERSTROM AVENUE AREA IN THE CITY OF SANTA ANA was adopted ~on the motion of Council- man Herrin, seconded by Councilman Patterson~ and unanimously carried. RES. 72-97 RESOLUTION OF THE CITY COUNCIL VA 72-46 OF SANTA ANA OVER/{ULING THE SUBURBIA, INC. DECISION OF THE PLANNING COMMISSION-AND GR~NTING APPEAL #306 AND APPROVING VARIANCE APPLICATION 72-46 FII~RD BY SUBURBIA, , INC., was adopted on motion of Councilman Herrin, seconded~l~y C. ouncilman Patterson, with Councilman Yamamoto voting NO. RES. 72-102 RESOLUTION AIITHORIZING THE SANTIAGO LIBRARY SYSTEM EXECUTION OF AN AMENDED JOINT POWERS AGRIg~MENT BETWEEN THE CITY OF SANTA ANA AND THE EXISTING MEMBERS OF THE SANTIAGO LIBRARY SYSTEM AND APPROVING AMENDMENTS TO THE RULES AND PROCEDURES AND PLAN OF SERVICE OF THE SANTIAGO LIBRARY SYSTEM was adopted on motion of Councilman Patterson, seconded ~ Councilman Evans, with Councilman Markel voting NO. SANTA ANA WATER SYSTEM - A letter dated July 25, 1972, from the FIRE SERVICE FOR SOUTH Costa Mesa Water District, requesting COAST PLAZA the Council's consideration of an automatically controlled and metered water service intertie on Sunflower Avenue to service the South Coast Plaza Shopping Center in the City of Costa Mesa, was presented along with a report and recommenda- tion dated August 8, 1972, from the Director of Public Works. The Director of Public %%'orks reported that the intertie would provide an alternate source of water for fire protection service to the shopping center and result in considerable sa~ihgs over construction of an on-site water supply which could cost us much as $100, 000 to $150, 000; and that he estimated hook-up to the City's service would be approximately $25,000. Mr. Wolford further stated that Section 39-35 of the Municipal Codec prohibits water service outside the'City limits; and that an amendment to the Gode would be required to grant the request° Mayor Griset stated that before he could support such a request he would require some assurance that it would be mutually beneficial to both cities. He requested that staff provide more definitive estimates of costs and benefits to the City. CITY COUNCIL MINUTES -369- SEPTEMBER 18, 1972 SANTA AlMA WATER SYSTEM - FIRE SERVICE FOR SOUTH COAST PLAZA - (Continued) Councilman Patterson agreed and stated that he believes in cooperating with other cities whenever possible; however, he pointed out that all revenues from the South Coast Plaza Shopping Center go to the City of Costa Mesa. Mr. Duane Lipske, an engineer consultant for the Water District, stated that the District and shopping center developers have been trying to work out a satisfactory solution to the fire-rating problem; that there are three emergency interconnections between Santa Aha and the Costa Mesa Water District on Sunflower Avenue; and that the fire underwriters recommend an automatic interconnection that would go into the Costa Mesa Water District system. The matter was referred to Staff for further information and report to Council on the unanimously carried motion of Councilman Evans, seconded by Councilm~n Herrin. ADVANCED HIRING OF TWO Council authorized the advance hiring of POSITIONS FOR CIVIC CENTER one Grounds Maintenahce Man I and one Pa MAINTENANCE Supervisor and approved the expenditure of the necessary funds for such purpose, on the unanimously approved motion of Councilman Herrin, seconded by Councilman Yamamoto. POLICEMEN'S ASSOCIATION The Staff report dated September 13, ATHLETIC LEAGUE PROGRAM 1972, regarding an oral presentation by Mrs. Juliet West, 2302 W. Brook, on July 31, 1972, requesting assignment of a police sergeant to administer the PAAL Program, was received and filed on the unanimously approved motion of Councilman Herrin, seconded by Councilman Evans. The report stated that the City Manager has recommended employment of a recreation specialist under the Public Employment Program to work under the direction of the Police Chief to coordinate the PA~L Program with the Police Benevolent Association. LEGAL COUNSEL In response to a request dated ASSESSMENT DISTRICT NO. 215 September 11, 1972, from the Director of Public Works, F. MacKenzie Brown, Los Angeles was designated as the City's legal counsel for Assessment District No. 215, on motion of Councilman Patterson, seconded by Councilman Yamamoto and carried on the following roll call vote: AYES: NOES: ABSENT: Patterson, Yamamoto, Villa, Markel Evans, Herrin, Griset None A prior motion by Councilman Herrin, seconded by Councilman Evans, to designate Rutan and Tucker law firm as legal counsel for the district, failed on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Griset Villa, Yamamoto, Patterson, Markel None CITY COUNCIL MINUTES -370- SEPTEMBER 18, 1972 RESIGNATION FROM PLANNING On motion of Councilman Herrin, COMMISSION seconded by Councilman Evans, and unanimously carried, the letter from Lavelle Sanders resigning from the Planning Commission, effective September 5, 1972, was received and filed. POSTING OF SPEED LIMIT On motion of Councilman Patterson, seconded by Councilman Evans, and unanimously carried, a petition received September 12, 197Z, from Paul Robles, 2518 West Stanford Street, requesting traffic controls in vicinity of King and Stanford and Stanford and Greenville Streets was referred to staff for investigation and report. LEAGUE OF CALIFORNIA CITIES On motion of Councilman Herrin, RESOLUTIONS COMMITTEE seconded by Councilman Evans, and unanimously carried, Council received and ordered filed a letter dated July 19, 1972, from the City of Torrance, soliciting Council's support of their resolution to the League of California Cities Resolution Committee pertaining to Southern California Edison Company's placement of utility towers on their streets. APPEAL SECONDHAND STORE EMPLOYMENT by Lewis E. Baker on September 15, 1972. Council considered the appeal from the Police Chief's denial of a permit to work in a used furniture store, filed Acting on the basis of the Staff report and recommendation dated September 15, 1972, the Council granted the appeal and instructed the Police Chief to issue the required permit, on the unanimously carried motion of Councilman Evans, seconded by Councilman Markel. ORAL COMMUNICATIONS Council went on record in support PROPOSITION 18 of the anti-obscenity bill, Proposition 18, which will be carried on the General Election Ballot of November 7, 1972, on motion of Councilman Yarnamoto, seconded by Councilman Herrin and carried on the following roll call vote: AYES: NOES: AB SENT: Yamamoto, Herrin, Evans, Griset, Markel Villa, Patterson None ORAL COMMUNICATIONS Councilman Evans reported that he PARKING CO. OF AMERICA had received numerous complaints regarding the operator's method of collecting and requesting payment of parking fees for automobiles u~ing the City's parking lot, at the southeast corner of Sixth Street between Bush and Spurgeon Streets, which is leased by the City to the Parking Company of America. The matter was referred to the City Attorney for investigation and report, on the unanimously carried motion of Councilman Evans, seconded by Councilman Patterson. CITY COUNCIL MINUTES -371- SEPTEMBER 18, 1972 ORAL COMMUNICATIONS STREET CLOSURE Mc FADD EN / FLOWER Councilman Evans asked for the status of a petition regarding the closing off of a street in the South par~ of town.' In response to this request, the Director of Public Works reported that his department was negotiating with the residents in the area to effect design of a cul de sac or modified cul de sac, and that an agreement had almost been reached not only on the design, but on the payment for the project. He stated that he anticipated the agreement would be finalized soon° ORAL COMMUNICATIONS UNOCCUPIED BUILDINGS the downtown area. Councilman Evans inquired whether there i was anything in the Code req~firing clean-I up and repair of unoccupied buildings in The City Attorney stated that the Building Code contained a number of stringent require- Councilman Patterson stated that he understood a Staff study was underway on this subjec and would be coming to Council within thirty days. Councilman Evans stated that the problem has existed since 1957 to his knowledge, and he referred specifically to the unoccupied building located at 6th and Main. He stated that there are many fine business establishments on the east side of the street that have put a lot of money and effort into keeping their establishments in the fine condition. On Mayor Griset's motion, seconded by Councilman Patterson, Council voted unanimous~ to refer the matter to staff for investigation and report. ORAL COMMUNICATIONS Councilman Markel stated that a decision! BRONZE PLAQUES AT CITY HALL should be reached regarding the dispositiC of the bronze plaques, located near the entrance to the Main Street City Hall, when the City Hall is vacated. He suggested that they might go to the Museum. On Councilman Markel's motion, seconded by Councilmanl Evans, and unanimously carried, Council referred the matter to staff. ORAL COMMUNICATIONS Councilman Markel asked for the status LIBRARY BOARD of a report regarding elimination of the Library Board that he had requested at the September 5 meeting. Mayor Griset stated that he had not yet received a report on that subject. Councilman reiterated his feeling that there was a lack of enthusiasm manifested by the Library Board. ORAL COMMUNICATIONS Councilman Markel requested information NEW FIRE ENGINE COLOR regarding the new canary yellow color of fire engines. He stated he felt the new color made the Santa Aha Fire Department resemble a Disneyland Brigade rather than a fire department, and inquired into the cost of the new color. CITY COUNCIL MINUTES -37Z- SEPTEMBER 18, 1972 ORAL COMMUNICATIONS NEW FIRE ENGINE COLOR - (Continued) Mayor Grlset stated that it was his understanding that research had shown that the new yellow color was the color most easily seen, and therefore, was the most appropriate color for fire engines. He added that as new engines are purchased, they would be of the yellow color, and as engines needed repainting, they would be repainted yellow, but that existing fire engines not needing paint would remain red until they are painted, and that the cost of painting a fire engLue yellow was the same as painting one red. RECESS At 4:50 P.M., the Council 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 H.S. Phillips, of the First Assembly of God Church. SPECIAL ORDER OF THE DAY The Mayor asked if Louis Chavez, Jr., were present to receive Certificate of Appreciation in recognition of his service to the City as a member of the Human Relations Commission° Mro Chavez not being~resent~ the Mayor announced that the certificate would be mailed to him. APPOINTMENTS TO On motion of Councilman Yarnamoto, HUMAN RELATIONS COMMISSION, seconded by Councilman Evans, and PLANNING COM/~ISSION unanimously carried, Zeke Hernandez was appointed to the Human Relations Commission, and Harold Gosse, Jr. , was appointed to the Planning Commission. Mr. Gosse was sworn in by the Clerk and the Council extended a warm welcome to him. AMENDMENT APPLICATION #713 The Mayor opened the public hearing DANIEL W. HEAD on Amendment Application #713 filed by Daniel W. Head, Authorized Agent for RoyS. Head andGladys M. Head, to rezone property located on the south side of First Street between Euclid and Cooper Streets, from the R 1 and C 1 Districts to the C 5 District. The ~,one change had been approved by Planning Commission Resolution 6012. The Clerk reported no written communications had been received. Mr. Delbert Boyer, of Raab & Boyer Engineering Co., Westminst&r, representing the applicant, , spoke in favor of the application. He stated the majority of the property is zoned C 1; that the applicant has requested a lot split which would split the commercial part from the R 1 portion, which will be used for residential development. He further stated that with the lot split, there is a requirement for dedication of 21 feet on Bolsa and 10 feet on Euclid which makes the C 1 property too small to improve. He stated that the existing service station on the corner is being used as a used car lot; that the applicant wishes to enlarge the commercial part of the property in order to use the parcel better, and is asking for C 5 zoning, which will give the City more control over architecture and final construction. CITY COUNCIL MINUTES -373- SEPTEMBER 18, 1972 AMENDMENT APPLICATION #713 DANIEL W. HEAD - (Continued) There were no opponents, and the public hearing was closed by the Mayor. On motion of Councilman Evans, seconded by Councilman Herrin, Council approved Amendment Application #713 and instructed the City Attorney to prepare an ordinance rezoning the property from the R 1 and C 1 Districts to the C 5 District, on the following roll call vote: AYES: NOES: AB SENT: Evans, Herrin, Villa, Griset, None None Yamamoto, Patterson, Markel PUBLIC HEARING The Mayor opened the public hearing ASSESSMENT DISTRICT NO. 225 on Assessment District No. 225. Councilman Markel immediately asked to be excused from the platform. The City Attorney stated that unless Councilman Markel had some conflict of interest, Section 2-105 of the Municipal Code provides that he shall vote and that strong convictions for or against an issue did not constitute a conflict. Councilman Markel stated that he would remain on the platform. The Clerk reported that there were twelve written communications received in the matter. The Clerk was then instructed to read into the record the name of each person who had written a communication and to summarize the nature of his communication, which she did as follows: Marian Drake, Assessment No. 239, stated that she felt the assessment had been unjustly imposed upon the residents since it represented only the will of government and not of the citizens. Lou Hislop, Jr., Assessment No. 112, questioned the amount of his 3. L.K. Hislop, Assessment No. 114, questioned the assessment cost per foot. t Alejandro Erquiaga, Assessment No. 113, questioned the amount of his assessment. Mae Mulvihill, Assessment Nos. 197, 198 and 219, protested the workman- ship of the project and the amount of her assessment. Jessee Vasquez, Assessment No. 164, protested the amount of his assess- ment based on the fact he is on a fixed income. 7e D. Marie Bridges, Assessment No. 028, protested the cement costs and incidental costs in that she felt they were not equal with regard to incidental Mrs. Bert M. Lynn, Assessment No. 073, protested the undemocratic way in which the assessment was hand_led and stated that she had received no written notice; and that the assessment seemed to be taxation without rep r e s entation. CITY COUNCIL MINUTES -374- SEPTEMBER 18, 1972 PUBLIC HEARING ASSESSMENT DISTRICT NO. 225 - (Continued) Mary E. Angler, Cousin of Eva A. Johnson, 2602 West Occidental Street, Assessment No. 25Z, protested on behalf of her cousin, stating that Mrs. Johnson is elderly and on fixed Social Security income, and would not be able to meet expenses° 10. /IohnParsons, 2329 Stanford Street, Assessment No. 079, objected to how his lot was charged (on adjusted front footage). 11. Ruth Brinkman, 9161 Arrington, Downey, Assessment Nos. 05 and 06, stated that there was water standing at Center and Pomona Streets since there was incomplete drainage. 12. J. Ogden Markel, No Assessment Number, stated that all properties were to be improved with sidewalks, curbs and street paving, and further stated that lot 4 does not have a sidewalk. He further protested Mayor Griset voting on the assessment district because Mayor Griset is the owner of two shares of voting stock in a water company that supplies water in the district. The Director of Public Works stated that a few days after the publication of the Notice of Assessment along with the date of hearing, a letter had been sent to each property owner advising that the City wanted to provide as much information as possible prior to the hearing so that the property owners would understand how the rate had been calculated. He stated that a number of phone calls were received and the necessary information was provided. He stated that in cases where there was a difference in the amount of the assessment between two lots side by side, one of the lots probably had an existing driveway and that person had been given credit for it; and that his neighbor's property had not been given that credit, which could make a difference of $100. tie indicated another factor was that driveway widths differed, lie stated that there were two assessments where there had actually been mistakes made in calculating the amount of the assessment; namely, Assessment No. 086 where credit was erroneously given for a curb which did not exist and that particular assessment would be increased from $451.19 to $507.91; and Assessment No. 188 where credit was not given for an existing curb, so the assessment would be reduced from $484.81 to $446.27. He stated that a number of protests that were filed involved philosophies of district taxes. He reminded Council that the hearing was being held for two reasons: 1) To determine whether assessments are correctly calculated; and 2) To determine whether the workmanship has met the standards of the City's plans and specifications. He further stated that with respect to Mr. Markel~s protest, the district did not include any improvements on Edinger Avenue, but only in areas as stated in the Resolution of Intention. Councilman Patterson asked if staff had reviewed the area, and if they had seen the improvements and were satisfied that they met City codes and standards, and the Director of Public Works responded that they had. CITY COUNCIL MINUTES -375- SEPTEMBER 18, 1972 PUBLIC HEARING ASSESSMENT DISTRICT NO. Z25 - (Continued) Councilman Evans asked the Director of Public Works if they had checked out Mrs. Mulvihill's complaint about workmanship, who replied that they had just received the complaint that day, but that it would most certainly be checked out. Mayor Griset stated that any inferior work or problems with drainage were guaranteed by the City to be corrected. The Director of Public Works confirmed this by stating that the work would be guaranteed by the City or Contractor, and then called upon the Contractor, who was in the audience, to confirm this fact and he did so. Mayor Griset stated that the City Council was not waiving legal requirement that objection must be in writing, and must have been filed prior to September 18, 1972, the date of this hearing, however, he was inviting oral testimony to add to any written protest, and called for those in the audience who wished to speak. Mr. 3ohn Shields, who owns property at 2317 West Pomona Street, Assessment No. 063, stated that in 1959 he put in curbs, gutters and sidewalks to City gradings and City specifications, and that in 1972 these w'ere tdrn up which is going to cost him to have to reset his chain link fence; that he would have to tear down his block wall because the sidewalk is below the foundation, and he would further have to regrade his property. The Director of Public Works stated that the existing improvements referred to were taken into consideration when computing Mr. Shield:s' assessment, and that Mr. Shields had not been charged for the removal of any existing improvements. Pie stated relative to Mr. Shields" having to regrade that it was impossible to put in a concrete form without some differences in elevation; however, he is sure that the difference at Mr. Shields' property is not excessive -- not more than two inches. Mr. LeJune speaking on behalf of Mrs. Mae Mulvihili, 1714 S. Greenville Street, Assessment Nos. 198 and 219, objected to the quality of the work. Mr. l{ay Moreno, of 1637 S. Greenville, Assessment Nos. 068 and 069 stated that he already had had curbs and gutters, however, he was very satisfied with the work done on sidewalks, curbs and gutters. Mr. Fred Brinkman, Assessment No. 06 & 05, stated that the distance between the two driveways in front of his house was about four feet, and that the sidewalk slopes {vithin~ttra%~f6u~ feet at~'l~ast six inches, and was dangerous. Pie added that he could not conceive of anyone approving such work. Pie reminded Council of the drainage problem which had been mentioned in his wife's written protest saying that the area fills up with about one and one-half inches of water, and that this area was right across the street from an elementary school. The Director of Public Works responded that he had just received a copy of Mrs. Brinkman's protest that afternoon and had not yet seen the problem, but that it would be looked into the first thing the next morning. CITY COUNCIL MINUTES -376 - SEPTEMBER 18, 1972 PUBLIC HEARING ASSESSMENT DISTRICT NO. 225 - (Continued) Mayor Griset asked if there were any other protests, and receiving none, closed the public hearing. Attorney Ganahl instructed Council to act on all protests, both oral and written, and to act on Assessment Nos. 86 and 188. RESOLUTION NO. 72-93 OF THE CITY COUNCIL OF SANTA ANA CONFIRMING ASSESSMENT FOR ASSESSMENT DISTRICT 225, amended to reflect the changes in amounts reported for Assessment Nos. 086 and 188, as $507.91 and $446.27, respectively, was adopted and all protests, both oral and written, were denied on motion of Councilman Herrin, seconded by Councilman Villa, and carried on the following roll call vote: AYES: NOES: ABSENT: Herrin, Villa, Evans, Griset, Yamamoto, Patterson Markel None RECESS At 8:50 P.M., a recess was declared° The meeting reconvened at 9:00 P~Mo , with all Councilmen present. ORAL COMMUNICATIONS Mr. Sorenson, the Vice Principal of SANTA ANA HIGH SCHOOL Santa Aha High School, stated that they had developed the McKinley site across the street from the high school, and had about 600 students crossing the street every 55 minutes. He requested that they be allowed to block off 'Walnut Street from Flower to Parton, between 8:00 A.M. and 3:00 P.M. each school day for the current school year. He explained that the McKinley site will have to be used the current school year while the construction of a three-story building is underway; that there will be ten classrooms in bungalows on that site, with 30 students per classroom; and that every 55 minutes, there will be approximately 300 students passing each way across the street. He indicated that the plan would call for the school custodial staff to put up the barricades at 8:00 A.M. and to remove them at 3:00 P.M. He stated that by taking these precautions, he believed that the safety of the students in crossing the street could be insured. The Director of Public Works stated that he believed that all problems relative to the request had been worked out. Councilman Evans asked who would bear the cost of the barricading and if there would be any insurance problems. Mr. Sorenson said that the school would accept the responsibility of putting up the barricades and removing them, and that they would use their security personnel to make sure students cross within enclosed area. Mayor Griset stated that he believed all costs should be handled within the school budget. CITY COUNCIL MINUTES -377- SEPTEMBER 18, 1972 ORAL COMMUNICATIONS SANTA ANA HIGH SCHOOL - (Continued) Councilman Patterson stated that insofar as insurance problems, he felt liability to the City would be reduced by the barricading, however, if the City Attorney found any increased risk on behalf of the City, that the School District should bear that burden. The Director of Public Works stated that there were no costs to the City of which he was aware. Councilman Herrin stated that he felt there should be a public hearing on this matter before a determination is made to give people who are accustomed to using that street an opportunity to express their opinion. He stated that he could not approve the matter, even on a temporary basis, without a public hearing. On motion of Councilman Patterson, seconded by Councilman Villa, and carried with Councilmen Herrin and Markel voting NO, Council granted a temporary closure of v~ralnut Street from Flower Street to Parton to accommodate student crossing at Santa Ana High School during the school year, subject to the advice of the City Attorney regarding necessity for a public hearing. ADJOURNMENT seconded by Councilman Evans. The meeting was adjourned at 9:20 P. M., on the unanimously carried motion of Councilman Herrin, Florence I. Malone Clerk of the Council CITY COUNCIL MINUTES -378- SEPTEMBER 18, 1972