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HomeMy WebLinkAbout07-17-1978MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA July 17, 1978 The regular meeting of the City Council was called to order in the Council Chambers, 22 Civic Center Plaza, at 2:00 P.M. by the Assistant Clerk of the Council in the absence of the Mayor and Vice Mayor; she declared the meeting adjourned for lack of a quorum to 5:00 P.M. on July 17, 1978 in the Council Chambers. PAT. R~CIA E. RICE ~ ~ ASSISTANT CLERK OF THE COUNCIL CITY COUNCIL MINUTES 296 JULY 17, 1978 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA July 17, 1978 The meeting was called to order at 3:30 P.M. by Mayor Vernon S. Evans. The following members of Council were present: David F. Ortiz, Harry K. Yamamoto~ John Garthe, David L. Brandt, James E. Ward and Mayor Evans. Councilman Gordon Bricken arrived at 3:35 P.M. Also present were the following Staff members: City Manager Bruce C. Spragg, City Attorney Keith L. Gow, Director of Public Works John Eo Stevens, Planning Director Charles C. Zimmerman, Police Chief Raymond C. Davis, and Clerk of the Coun- cil Florence I. Malone. INVOCATION PLEDGE OF ALLEGIANCE Following the Pledge of Allegiance to the Flag, the Invocation was given by Councilman Brandt. CONSENT CALENDAR ITEM REMOVED Item 3 was removed from the Consent Calendar by Councilman Garthe. CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED the recommendations of Staff on the items: On the unanimously approved 6:0 motion of Councilman Ward, seconded by Council- man Garthe, Council approved following Consent Calendar MINUTES Approved the Minutes of the Adjourned Regular Meeting of June 20, 1978. BID CALLS Approved plans and specifications, and authorized advertisement for bids on the following: PROJECT 8305 A - Street resurfacing on Orange Avenue from Warner Avenue to Occidental Street; and PROJECT 8306 A - Sealcoating of residential streets in three areas. CA 89 DEEDS WITH CASH Approved the following deed GRANTEE CITY and authorized Mayor to sign all necessary documents in connection with the purchase: EPPERSON, Edwin W., Shirley M. and LAPIERS, Cliff A. - South side of Seventeenth Street west of Alona for street and vehicular access. CA 155 DEEDS NO CASH GRANTOR CITY Authorized execution of the following deeds by Mayor and Clerk: FAIRVIEW WARNER SHOPPING CENTER - Southeast corner Fairview and Warner for vehicular access. CITY COUNCIL MINUTES 297 JULY 17, 1978 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued JOHNSON CHAPEL, The African Methodist Episcopal Church - north side of First Street west of Bristol for vehicu- lar access. CA 155 COMPLETION OF IMPROVEMENTS Authorized release of performance monument, labor and material bonds on the following: TRACT 9535 - South side of McFadden Avenue west of Santa Ana River. CA 24 CHANGE ORDERS Approved the following: PROJECT 8505 - Construct Newhope Branch Library Change Order No. 10, increasing the contract by $262.47, to insulate additional refrigerant pipes. CA 89 LIABILITY CLAIMS Referred to administration Claims received from July 1, 1978 through July 10, 1978. CA 65.7b COUNCIL REFERRAL SUMMARY Received and filed status report of matters referred to Staff by Council. CA 80.2 PROCLAMATIONS July 12, 1978. Received and filed report of Proclamations issued by the Mayor from June 13, 1978 to CONSENT CALENDAR FINIS Councilman Bricken arrived at 3:35 P.M. BID AWARD - PROJECT 1373 All bids for the following CONSTRUCTION OF FLOWER STREET project were rejected, and STAFF RECOMMENDATION APPROVED Council authorized re-advertisement for bids in approximately 90 days, on the motion of Councilman Ortiz, seconded by Councilman Brandt, and carried 5:2, with Councilmen Ward and Bricken dissenting: PROJECT 1373 - Construct Flower Street from Civic Center Drive to Seventeenth Street. (Agenda Item 3) CA 89 Councilmen expressed their concern over the delay of the project, but the Director of Public Works recommended rejection and re-bidding at a later time in the interest of obtaining realistic, competitive bids when contractors are not so busy. RESOLUTION NO. 78-56 A RESOLUTION OF THE CITY FEES FOR SALES & SERVICES COUNCIL OF THE CITY OF ADOPTED SANTA ANA ESTABLISHING A UNIFORM SCHEDULE OF FEES AND REPEALING RESOLUTION NO. 78-53 was adopted on the motion of Councilman Garthe, seconded by Councilman Brandt, and carried 5:2, with Councilman Ward and Mayor Evans dissenting. CA 65 CITY COUNCIL MINUTES 298 JULY 17, 1978 RESOLUTION NO. 78-93 A RESOLUTION OF THE CITY INTENT TO VACATE COUNCIL OF THE CITY OF ADOPTED SANTA.ANA DECLARING ITS INTENTION TO VACATE SECOND STREET AND ALL EAST-WEST ALLEYS BETWEEN FORMER VAN NESS AVENUE AND FLOWER STREET AND GARNSEY AND PARTON STREETS BETWEEN FIRST STREET AND THIRD STREET, APPROVING A MAP THEREOF, SETTING A PUBLIC HEARING THEREON, AND DIRECTING NOTICE THEREOF TO BE POSTED AND PUBLISHED was adopted on the unanimously carried 7:0 motion of Councilman Garthe, seconded by Councilman Brandt. The public hearing on the matter was scheduled for August 21, 1978 at 7:30 P.M. CA 14 RESOLUTION NO. 78-94 A RESOLUTION OF THE CITY PROCLAIMING "DOUGLAS CORRIGAN DAY" COUNCIL OF THE CITY OF ADOPTED SANTA ANA PROCLAIMING JULY 17, 1978 AS "DOUGLAS CORRIGAN DAY" IN THE CITY OF SANTA ANA was adopted on the unanimously carried 7:0 motion of Councilman Garthe, seconded by Councilman Brandt. CA 73B CUP NO. 78-9 2760 S. HARBOR Councilman Yamamoto left REQUEST FOR RECONSIDERATION the Council Chambers, APPROVED WITH CONDITIONS declaring that his employer is the owner of the property in this matter. Bill Towfigh, owner of Crown Floor Covering, thanked Council for the opportunity to reconsider his application for Conditional Use Permit 78-9. He stated that he would be willing to accept whatever conditions Council determined to be appropriate for his business; that less than 10% of his business is retail; that there is no foot traffic generated by his business; and that he has lived in Santa Ana for seven years and wishes to conduct his business near his home. Councilman Ortiz' application 78-9, unanimously. motion to reconsider Conditional Use Permit seconded by Councilman Brandt, carried 6:0 The first motion to approve and file the Negative Declaration, and direct the City Attorney to prepare a resolution granting Conditional Use Permit 78-9 and affirming the decision of the Planning Commission made by Councilman Ortiz, seconded by Councilman Brandt, was superseded by a substitute motion made by Councilman Ward, seconded by Mayor Evans, carried 4:2, with Councilman Bricken and Mayor Evans dissenting, which also approved and filed the Negative Declaration and directed the City Attorney to prepare a resolution granting Conditional Use Permit 78-9 and affirming the decision of the Planning Commis- sion with conditions as follows: 1) No outside advertising except business identification; 2) No outside on-site sales or displays; and Annual verification to the Planning Department that on-site retail sales are less than 10% of annual sales volume. CA 13.4 Councilman Yamamoto returned to the meeting. CITY COUNCIL MINUTES 299 JULY 17, 1978 BIKE TRAIL FUNDING Staff was authorized to SENATE BILL 821 - ANNUAL ALLOCATION submit an application to AUTHORIZED APPLICATION the Orange County Trans- portation Commission requesting reservation of $56,452 from the City's annual funding from Senate Bill 821 for Pedestrian Bicycle Facilities, on the motion of Councilman Ward, seconded by Councilman Ortiz, carried 7:0 unanimously. The report dated July 10, 1978, prepared by Joe E. Foust, Transportation and Traffic Engineer, stated that the deposit of $56,452 will bring the account to $131,494, sufficient for the completion of the last bike trail segment along the alignment of the Southern Pacific Railroad tracks between Bristol and Warner, estimated at $126,000. CA 18.6 PROPOSED STADIUM FEE In accordance with Council REVISION SCHEDULE policy to adjust existing APPROVED; RESOLUTION REQUESTED rates for clients to provide for a break-even operation for local schools and a profit-making operation for commercial clients, the Board of Recreation and Parks unanimously recommended a fee schedule revision for the rental of Eddie West Field - Santa Ana Stadium; on the motion of Councilman Garthe, seconded by Councilman Ward, carried 7:0 unanimously, the pro- posed revised fee schedule was approved and Staff directed to prepare the appropriate resolution for adoption. CA 65; CA 52.8 The schedule is as follows: Commercial Tenants $595 per day, or any part thereof, against 10% of gross ticket sales from whatever source, whichever is the greater figure. Ail concession revenues to City. Local School Tenants (SAUSD) $588 per game, with no percentage of gate receipts, and including all costs of security. Ail concession revenues to City. Local School Tenants (Private & College) - $395 per game, with no percentage of gate receipts, plus all costs of security required (usual minimum of $200). Ail conces- sion revenues to City. William J. Palethorpe, Leisure Services Manager, in his report dated July 11, 1978, estimated that the $20,000 operating deficit for calendar year 1977 should show substantial reduc- tion under the new fee schedule. CA 52.8 HIRING FREEZE - EXTENDED After studying the recom- BUDGET POLICY mendations of City Manager TASK FORCE CREATED Bruce Spragg in his report of July 12, 1978, on the motion of Councilman Brandt, seconded by Councilman Bricken, carried 6:1, with Councilman Ward dissenting, the hiring freeze was extended with no stated limit. Mr. Spragg's recommendation to impose a general moratorium for six months on the use of Federal General Revenue Sharing funds was denied on the motion of Councilman Bricken, seconded by Councilman Brandt, and carried 7:0 unanimously. Staff was requested to report to Council on the feasibility of making significant cost savings in future retirement costs by reducing benefits for new hires, on the unanimously carried 7:0 motion of Councilman Bricken, seconded by Councilman Brandt. CITY COUNCIL MINUTES 300 JULY 17, 1978 On the motion of Councilman Bricken, seconded by Councilman Yamamoto, carried 6:1, with Councilman Garthe dissenting, Council created an independent citizens task force to review City services and to meet in study sessions to consider cost reductions. Council further instructed the City Manager to provide the task force with an evaluation of how to maintain the essential ser- vices of the City in view of the financial constraints that have been imposed. On the further motion of Councilman Brandt, seconded by Council- man Bricken and carried unanimously 7:0, each Councilman was authorized to appoint two members to the task force and the Mayor was authorized to designate a member of the City Council as a non-voting representative, except in case of a tie, to serve as Chairman. The motion also provided that each Council- man be prepared to name his appointees on August 21. Mayor Evans designated Councilman Bricken as the temporary Chairman of the task force, and the Councilman accepted. Councilman Ward suggested that within 30 days Council should consider recommendations for the formulation of charge of duties and responsibilities for the task force. CA 50 CA 65B HIRING FREEZE EXEMPTION REQUEST Fire Chief B. J. Thomp- EMERGENCY SERVICES DISPATCHERS son in his report dated APPROVED July 7, 1978 recommended that lifting the hiring freeze for the filling of two replacement Emergency Services Dispatchers for the Fire Department would have a positive effect on the Fire Department budget by reducing overtime pay. The hiring freeze was lifted and hiring of two replacement Fire Department Emergency Services Dispatchers authorized, on the motion of Councilman Ward, seconded by Councilman Garthe, carried 7:0 unanimously. CA 50 HIRING FREEZE EXEMPTION REQUEST The hiring freeze was NEWHOPE BRANCH LIBRARY lifted to hire a Librarian APPROVED II, a Library Clerk I and a Library Page for the Newhope Branch Library, on the motion of Councilman Ward, seconded by Councilman Brandt, carried 6:1, with Mayor Evans dissenting. The request was made by Howard Samuelson, Library Director, by written report dated July 11, 1978, at the sugges- tion of Council during the July 1, 1978 budget review session when $50,000 was restored to the Library budget to operate McFadden and Newhope Branch Libraries on a full 6-day week schedule. CA 50 ANNUAL GRAPHIC REPORT A graphic report submitted FIRE DEPARTMENT ACTIVITIES by the Santa Ana Fire FILED Department summarizing the emergency activities of the Department during the past year, was received and filed on the motion of Councilman Garthe, seconded by Councilman Ward, carried 7:0 unanimously. CA 64 ORAL STATUS REPORT City Manager Bruce Spragg NEW TRASH RATES announced that the Con- tractor, Great Western Reclamation, had not, as yet supplied the City with the proposed new trash rates; that Staff had been trying to reach the Contractor's attorney who is on vacation; and that a potential problem may exist. CA 11.4 CITY COUNCIL MINUTES 301 JULY 17, 1978 ORAL REPORT Councilman Brandt announced TRANSPORTATION COMMITTEE MEETING that he attended the National NATIONAL LEAGUE OF CITIES League of Cities Transporta- tion Committee Meeting Friday and Saturday; that one of the major items discussed was the 504 regulations which provide that public transportation systems must be totally available to all handicapped persons; and that if the regulations are approved as presented it would be extremely expensive to meet the required provisions, and, if met, would result in significantly increased bus fares, with a significant decrease in service. CA 148; CA 84 ZOO OPERATION SUGGESTIONS Two letters dated July 6, FRIENDS OF CHILDREN'S ZOO 1978, signed by Mildred REFERRED TO BOARD OF REC. & PARKS Cobb, President of Friends of the Children's Zoo, making suggestions and recommendations for the administration and operation of the Prentice Park Zoo, were referred to the Board of Recreation and Parks, on the unanimously carried 7:0 motion of Councilman Garthe, seconded by Councilman Brandt. CA 52.3 POLICE CHIEF ATTENDANCE The Chief of Police, AT POLICE EXECUTIVE INSTITUTE Raymond Davis, was granted AUTHORIZED leave for two weeks, October 18 through November 1, 1978, to attend a Police Executive Institute in Europe; the expenditure of $700 for tuition was also authorized, on the unanimously carried 7:0 motion of Councilman Garthe, seconded by Councilman Ortiz. CA 47 RECESS Following a recess from EXECUTIVE SESSION 4:35 P.M. to 4:40 P.M. the meeting was again recessed to hold an Executive Session to discuss labor negotiations; the meeting was reconvened at 5:45 P.M. and immediately recessed for dinner; the meeting was reconvened for the evening Agenda at 7:30 P.M. with all Council members present. PLEDGE OF ALLEGIANCE INVOCATION Christian and Missionary Alliance Following the Pledge of Allegiance, the Invocation was given by Reverend Thomas Bailey of the Church. CA 80.17 PUBLIC HEARING PROPOSED ANNUAL BUDGET 1978-79 ORDINANCE NO. NS-1434 - 1ST READING Budget for the fiscal year 1978-79. Mayor Evans announced that this was the time and place for the public hearing of the proposed Annual City Manager Bruce Spragg summarized the report dated July 12, 1978 prepared by Dennis Yata, Management Analyst, announcing that a Revised Summary of the Budget information had been pre- pared; that the Summary contains the changes made by Council during the budget study sessions; that the tofal budget is now $64,308,235, which is a 5% reduction of 3.3 million from the 67 million dollar budget of last year; that also provided is a list of the capital projects over $5,000 cut from the budget, with projects smaller than $5,000 being lumped together for a total capital outlay reduction of $761,000; that the summary contains a list of the 51 positions that are proposed to be CITY COUNCIL MINUTES 302 JULY 17, 1978 eliminated, 35 of which are now vacant; that the operating budget is decreased by approximately 2.4 million dollars, or about 6½%; that the State surplus anticipated to be $2,632,500, based on latest information, will be $2,261,000, or a decrease of some $371,500; and that the figures are now complete with the final carry-over figure of $5,450,000 rather than the $4,700,000 previously estimated, which fortunately will offset the decrease in State surplus funds. Comments on the proposed budget were made by: Ruby Epps, 626 North JaCkson, Santa Ana Neighborhood Organi- zations A. J. Holman, 517 S. Shelley St., United Southwest Neighbors Helen Snyder, 634 S. Rosewood, South Central Neighbors Sam Romero, 2034 S. Spruce, Logan Neighborhood David Zdunich, 709 S. Cypress, East Side Neighbors Joe Gomez, 2210 W. 7th St., Artesia-Pilar Neighbors Gary Green, 2070 S. Halladay, Southeast Neighbors Fernando Barona, 705 N. Gunther, Santa Nita Neighbors Francisco Meza, 808 W. 3rd St., Civic Center Barrio Beverly Higley, 1114 N. Bewley, SANO Housing Committee Rudy Francis, Human Relations Commission Ben Alvillar, 1323 S. King, LULAC Anita Del Rio, 529 S. Van Ness, LULAC Steve Baca, 529 S. Van Ness, Co-Founder of Hispanic Coalition of Orange County & President of Santa Aha LULAC Irma Rodriguez, Chair, Orange County Human Relations Commission Charles Mosley, 1133 South Spruce Speakers expressed concern regarding the cut-back of certain services, such as street sweeping, park and recreation activities; the need for further improvements, such as street lights, side- walk repairs, with concrete, not blacktop, improvement of E1 Salvador Park, Santa Nita Park, Jackson Street Park, and the West Community Center; for greater police patrol of the E1 Monterey Bar; the development of more middle class housing units, and for the provision of rehabilitation loans to improve the homes of the poor. Others spoke to the reduction of the budget of the Personnel Department, specifically the decision to eliminate the position of Affirmative Action Coordinator, and their concern for how issues of affirmative action will be addressed without that posi- tion in the Department. They stated that Santa Ana has made progress in affirmative action, but that the job is still not complete and could best be accomplished by retaining the Coordina- tor. Charles Mosley, who submitted the petition requesting additional animal control effort on the part of the City in the Southwest area, asked that the request be considered at a subsequent Council meeting. Mayor Evans closed the public hearing when all comments had been received. Personnel Director Donald Bott advised Council that the functions of the Affirmative Action Coordinator could be divided among the existing personnel and somewhat decentralized to involve all department heads in the continuing effort toward the objectives of affirmative action in the City work force. On the motion of Councilman Bricken, seconded by Councilman Ortiz, carried 7:0 unanimously, the budget of the Personnel Department was revised to retain the position of Affirmative Action Coord- inator within the budget amount previously established by Council at the budget study session. CITY COUNCIL MINUTES 303 JULY 17, 1978 The necessary excess revenue adjustments to bring the budget into balance were appropriated to the unfunded capital projects account and any subsequent adjustments necessary were authorized for appropriation to the same account, on the motion of Councilman Bricken, seconded by Councilman Ortiz, carried 6:1, with Coun- cilman Yamamoto dissenting. The proposed City Budget for the fiscal year 1978-79 was approved as heretofore amended, on the motion of Councilman Ortiz, seconded by Councilman Bricken and carried 6:1, with Councilman Yamamoto dissenting. On the motion of Councilman Ortiz, seconded by Councilman Garthe, carried 6:1, with Councilman Yamamoto dissenting, the following ordinance was placed on first reading, agd publication of title was authorized: ORDINANCE NO. NS-1434 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROPRIATING MONEYS TO THE SEVERAL OFFICES, AGENCIES AND DEPARTMENTS OF THE CITY FOR THE FISCAL YEAR COMMENCING JULY 1, 1978. CA 65B RECESS with all Council members present. At 9:05 P.M. Mayor Evans recessed the meeting; at 9:15 P.M. the meeting was reconvened PUBLIC HEARING -REVENUE SHARING Mayor Evans announced that PROJECTS APPROVED this was the time and BUDGET HEARING SET place for the public hearing of the proposed use of $2,700,000 Federal General Revenue Sharing Funds available for the period July 1, 1978 to June 30, 1979. City Manager Bruce Spragg announced that this is the first of two public hearings required to be held; that the report dated July 12, 1978, prepared by David N. Ream lists 24 projects pro- posed, the last of which was the Senior Transportation to Lunch Program added by Council action of July 11, 1978; that the proposal allows for a 3.6% contingency fund of $92,540 to allow for adjustments for actual cost of projects when they are bid. There were no speakers pro or con, and no comments from the audience, and the hearing was closed by the Mayor. On the motion of Councilman Brandt, seconded by Councilman Garthe, carried 7:0 unanimously, selected projects were approved for funding as recommended, and a budget hearing was set for July 25, 1978, at 5:00 P.M., for the purpose of adopting a General Revenue Sharing Budget for fiscal year 1978-79. CA l12A CA 65B NORTH SANTA ANA TRAFFIC PLAN Mayor Evans announced STOP SIGNS RETAINED that a public hearing STAFF INSTRUCTED had been set by Council on July 11, 1978 to present and discuss an evaluation of the effectiveness of traffic management measures recently implemented on Santiago Street. Director of Public Works John Stevens summarized the report dated June 29, 1978 prepared by Tom Brohard, Traffic Engineer- ing Supervisor, outlining the background of the traffic situa- tion, analyzing the three-month trial project, including the tabulated results of 400 responses to 1,000 questionnaires CITY cOUNCIL MINUTES 304 JULY 17, 1978 distributed to obtain public opinion on the plan, and recom- mending the retention of the two stop signs installed on San- tiago Street at 20th and at Bdgewood Streets. Mr. Stevens said that 74% of the area residents favored the removal of the left turn prohibitions on Santiago and on Memory Lane, while 75% of the Santiago Street residents favor retention. Council had received petitions on June 7 and 27 containing 104 and 3S signa- tures, respectively, requesting removal of the no-left turn signs at Santiago Street and Memory Lane. Speakers on the subject were: Margaret Wattles, 406 Virginia Avenue Ruth Righter, 2339 N. Valencia William Mock, 2328 Santiago David Cornfeld, 2308 Santiago Mickey Madden, 2319 North Rosewood Paul Olsen, 2317 Santiago William H. May, 2401 N. Santiago Audrey Manning, 701 East Santa Clara Zeke Hernandez, 1238 W. Chestnut, speaking for a resident at 2020 Santiago Speakers expressed the opinion that the residents east of the Santa Ana Freeway and north of Seventeenth Street are absolutely blocked with no through streets to freeways; that the left turn prohibitions are a great inconvenience to residents; that Santiago Street should be closed at the Park; that the present controls should be kept and others added along with good enforcement in the area; that Lincoln Avenue be made a through street; and that the removal of signals at 17th Street and Santiago would discourage traffic on Santiago. Mayor Evans closed the public hearing when there were no further speakers. Following Council discussion, on the motion of Councilman Ward, seconded by Councilman Yamamoto, the Staff recommendation to retain the stop signs on Santiago at 20th Street and Edgewood Street, was unanimously 7:0 approved. Councilman Brandt's motion, seconded by Councilman Ward, unanimously 7:0 carried, retained the idea of traffic control of sorts at Santiago and Memory Lane, and instructed Staff to investigate the various alternatives, whether that be total closure or improvements in the existing left-turn restriction, or whatever; and that Staff further investigate the possibility of rearranging the sequence of the signals at Santiago and 17th Street for north-south traffic and east-to-north and to report back to Council as soon as it can reasonably be done. CA 18.9 TOWN & COUNTRY RESIDENTIAL TOWERS Planning Director Charles ORAL STATUS REPORT Zimmerman reported that last Friday a member of his staff had inquired about the progress of the Town and Country Residential Towers in the City of Orange, and learned that building permits had been issued for 488 dwelling units valued at $24,000,000; that there will be four buildings nineteen stories each; that indications are that all the proposed units have been sold and that it appears that construction will begin shortly. CA 78.11 CITY COUNCIL MINUTES 305 JULY 17, 1978 APPROPRIATION ADJUSTMENT NO. 1 Director of Public Works SANTIAGO CREEK REPAIRS John Stevens stated that APPROVED Staff recommended the repair of the parking lot, repair of the bank erosion of the creek with additional slope protection with chain link fencing, and the closure of Valencia Street north of the Santiago Creek; that the matter was contin- ued from July 11, 1978, to allow discussion along with the Santiago traffic management plan; that 67% of the respondents to the traffic management questionnaire favored the closure of Valencia Street; and the proposed action was endorsed by the Transportation Advisory Committee. Mr. Stevens continued that the project qualifies for Federal Disaster Assistance funds and can be done for $16,212. Speakers in favor of the Valencia Street Barbara May, 2401 Santiago Floyd Oleson, 701 East Avalon Helen Cornfield, 2308 Santiago closure were: Mr. William Mock, 2328 Santiago, opposed the closure. On the motion of Councilman Bricken, seconded by Councilman Garthe, carried 6:1, with Councilman Yamamoto dissenting, Appropriation Adjustment No. 1 establishing accounts to receive $16,212 Federal Disaster Assistance Funds and a construction project consisting of replacement of the eroded parking lot at Valencia and Santiago Creek were approved, and Staff was author- ized to implement the project, including the permanent closure of Valencia Street on the north side of Santiago Creek. CA 65.3 CA 18.9; CA 52 RECESS with all members of Council present. At 10:13 P.M. Mayor Evans recessed the meeting and at 10:21 P.M. it was reconvened PUBLIC HEARING A.D. 242 Mayor Evans announced LA BONITA/ROSITA that this was the time and RES. 78-89, 78-90, 78-91, 78-92 place for the public hear- ADOPTED ing of protests or objec- tions to the proposed construction of certain street improvements, together with appurtenances and appurtenant work, and all matters relating to Assessment District No. 242 (La Bonita/Rosita); that further, it is the time and place for the hearing to determine wh~ther or not said proceedings should proceed without the provisions of Division 4 of the Street and Highways Code of the State of California; and that it is a combined hearing. Clerk of the Council Florence I. Malone announced that the Resolution of Intention was regularly published and that all required notices were duly given in the manner and form as pro- vided by law; and that affidavits are on file in the office of the Clerk of the Council as follows: Affidavit of Publication; Certificate of Posting Streets; Certificate of Mailing Notice; and Certificate of Filing Boundary Map. CITY COUNCIL MINUTES 306 JULY 17, 1978 Director of Public Works John Stevens announced that at the June 5, 1978 Council meeting the City Council adopted a resolu- tion declaring its intention to establish an Assessment Dfstrict in two different areas: La Bonita and Rosita, joined for economic reasons to spread the assessment to more parcels and reduce the cost to each property owner; that 64.88% of the property owners petitioned for the formation of the District; that although the lone bid received was 11% over the estimated cost, it is still within the range of 15% allowed by the State Code; and that the Staff recommends awarding the contract to the lone bidder, Sully-Miller Contracting Co., in the amount of $273,324.95. The Director filed a revised cost estimate indicating that the total cost is now estimated at $363,265.80 because the bid price is higher than previously estimated. Mr. Stevens described the Assessment District as an area bounded by Westminster Avenue, Progresso Street, Euclid Avenue and La Bonita Street for the La Bonita portion; and by Hazard Avenue, Fifth Street, Euclid Avenue and Rosita Street for the Rosita portion. Clerk of the Council Florence I. Malone announced that a written protest had been received signed by ten owners of property in the proposed district who oppose the planned assessments for improvements on Progresso Street because certain of those improve- ments were already made and paid for by the protestants. That letter of protest was signed by the following property owners: L. Pinon, 5117 Progresso Street Albert Escato, 5027 W. Progresso Ray Ramirez, 5023 W. Progresso Theodore Terrones, 5011 W. Progresso Mr. & Mrs. Joe Maciel, 5005 W. Progresso Mr. T. Borrego, 4929 W. Progresso Mary Perez, 4921 W. Progresso C. Pinon, Jr., 5109 W. Progresso Felix J. Pinon, 5113 W. Progresso Blandina Bryant, 1425 N. Euclid Mrs. Malone said that a letter of protest had been filed by Harley and Evelyn Wilder, 4825 West Fifth Street, who object to the assessments because their property has sidewalk, curb and gutter appurtenant to the parcel, and they would receive no benefit. They recommended that the exterior boundaries of the Assessment District be modified to exclude their property. Oral objections were made at the meeting by: Harley Wilder, 4825 West Fifth Street Blandina Bryant, 1425 North Euclid Street Tony Pinon, 5117 Progresso Street Joe Maciel, 5005 West Progresso Mrs. Tony Borrego, 4929 West Progresso Elizabeth Melman, 4917 West Sixth Street Anastacia Quintana The majority of the speakers already had certain improvements on their properties and objected to further assessment. Mr. Stevens explained that those assessments would be adjusted to reflect just a portion of the administration costs of the project rather than an assessment for curb, gutter and sidewalk. Mrs. Quintana objected to the assessment on behalf of her sister-in-law who is dependent upon a fixed income and unable to pay. Mr. Stevens stated that within the Community Development Program, a 12-year loan program has been established for low- income property owners to allow repayment of a loan for the assess- ment upon the sale of the property, or renewal of the loan until such time as the property is sold. CITY COUNCIL MINUTES 307 JULY 17, 1978 Frank Palomino, 4826 West Seventh Street, asked whether or not there would be a street between Hazard and Seventh Street. He was advised by the Director of Public Works that there is no plan for a street; that the developer of the property may wish to design the development for a cul-de-sac. Anita Sanchez, 4926 West Sixth Street, asked when the improve- ments would be made. Mr. Stevens said the tentative schedule calls for starting the project around the end of October to finish around the end of February. As there were no further protests, Mr. Stevens announced that the number of protests by property owners within the District totaled 4.2% of the total number of property owners, although many of the protestors were not opposed to the District, but opposed to the assessment. In answer to Council questions, Mr. Stevens estimated the average assessment at $1,050 while approximately $200 will be assessed for the properties with previously installed curb, gutter and sidewalk because of the overall benefit and upgrading of the area. An additional $200 will be paid by Community Development funds for a total assessment of $400. There being no further discussion, Mayor Evans declared the hear- ing closed. On the motion of Councilman Yamamoto, Garthe, carried 7:0 unanimously, the adopted: seconded by Councilman following resolution was RESOLUTION NO. 78-89 - A RESOLUTION OF THE CITY COUNCIL OVERRULING AND DENYING PROTESTS (ASSESSMENT DISTRICT NO. 242) Resolution No. 78-90 as follows was adopted on the unanimously carried 7:0 motion of Councilman Yamamoto, seconded by Council- man Ortiz: RESOLUTION NO. 78-90 - A RESOLUTION OF THE CITY COUNCIL FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE CERTAIN PUBLIC IMPROVEMENTS IN A SPECIAL ASSESSMENT DISTRICT AND FURTHER STATING THAT THE "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931" DOES NOT APPLY (ASSESSMENT DISTRICT NO. 242). On the unanimously carried 7:0 motion of Councilman Yamamoto, seconded by Councilman Garthe, the following resolution was adopted: RESOLUTION NO. 78-91 - A RESOLUTION OF THE CITY COUNCIL ORDERING THE WORK AND IMPROVEMENTS, TOGETHER WITH APPURTENANCES, IN A SPECIAL ASSESSMENT DISTRICT (ASSESS- MENT DISTRICT NO. 242). The motion of Councilman Yamamoto to adopt the following resolu- tion was seconded by Councilman Ortiz, and carried 7:0 unanimously: RESOLUTION NO. 78-92 A RESOLUTION OF THE CITY COUNCIL AWARDING CONTRACT FOR CONSTRUCTION OF CERTAIN PUBLIC WORKS OF IMPROVEMENT TOGETHER WITH APPURTENANCES IN SPECIAL ASSESSMENT DISTRICT (ASSESSMENT DISTRICT NO. 242). CITY COUNCIL MINUTES 308 JULY 17, 1978 A further motion by Councilman Brandt, seconded by Councilman Bricken, carried 7:0 unanimously, directed Staff to find an alternative solution to assisting low-income property owners with the improvement assessments in light of the inadequacy of a 12-year loan program now available under Community Develop- ment Grant provisions. CA 90 ORAL COMMUNICATION City Manager Bruce Spragg RESIGNATION OF CITY MANAGER announced that he will resign his position as City Manager of the City of Santa Aha effective August 4, 1978. His letter of resigna- tion was received and filed on the unanimously carried 7:0 motion of Councilman Bricken, seconded by Councilman Garthe. CA 79 HUMAN RELATIONS COMMISSION/ On the motion of Council- HOUSING ADVISORY COMMISSION man Ortiz, seconded by ERNEST NORTON APPOINTED Councilman Brandt, car- ried unanimously 7:0, Ernest Norton was reappointed to the Human Relations Commission/ Housing Advisory Commission for a term ending August 1, 1982. CA 80.9 ADJOURNMENT At 11:30 P.M. the meeting was adjourned by unanimous informal consent. CITY COUNCIL MINUTES 309 JULY 17, 1978