HomeMy WebLinkAbout02-07-1972MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL
CITY OF SANTA ANA, CALIFORNIA
February 7, 1972
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: Wade
Herrin, J. Ogden Markel, Ray Villa, Harry K. Yarnamoto, and Mayor Lorin Griset.
Councilman Patterson arrived at 2:10 Po M. and Councilman Evans arrived at 2:20
P.M. Also present were City Manager Carl J. Thornton, City Attorney James A.
Withers, Director of Planning Herbert Wieland, Director of Public Works Ronald
Wolford, and Assistant Clerk of the Council Marjorie L. West.
MINUTES The Minutes of the Regular Meeting
of January%7, 1972 and the Special
Meeting of January 24, 1972, were
approved as submitted, on motion of Councilman Yamamoto, seconded by Councilman
Herrin and unanimously carried.
CONSENT CALENDAR
Yamamoto; items 3A, 3B, 3C, 3D,
The following Agenda items were
removed from the Consent Calendar:
Item 5, requested by Councilman
3G, 6E, 9A, and 9B, by Councilman Markel.
On motion of Councilman Villa, seconded by Councilman Yamamoto and unanimously
carried, Council affirmed the recommended action on the following Consent Calendar
items:
BID CALLS
Approved plans and specifications
and authorized advertisement for
bids on the following:
PROJECT 1326-B - Construct storm drain and street
improvements in MacArthur Boulevard from Bristol
Street to Plaza Drive and
PROJECT 1327-A - Construct east side of Bear 5~reet
from Sunflower Avenue to Wakeham Avenue.
SPEC. 641-274 - Vending Concession at the Santa Ana
Municipal Stadium.
BID AWARDS
Awarded contracts in accordance
with Summary of Bid reports
submitted on the following:
SPEC. 641-271 - Eight (8) Clothing Racks and 500 Bags
for Swimming Pools, awarded contract to Sun Aired Bag
Co. , Inc. , Sunland, Calif. , on the basis of only bidder.
CITY COUNCIL
-49 -
February 7, 1972
CONSENT CALENDAR - (Continued)
SPEC. 641~272 - 735 5-gallon trees for various new subdivisions,
awarded contract for items 1, 2,& 8 to Select Nurseries, Inc.,
Brea, Calif; items 3, 4, 5, 7 & 11 to Norman's Nursery, Pasadena,
Calif; items 6, 9, 13 & 14 to Oda Nursery, Westminster, Calif;
items 10 & 12 to Boething Treeland, Woodland Hills, Calif; on the
basis of low bids on these items; and rejected all other bidders.
AGREEMENTS Authorized execution of written
service agreements with First
American Title Company,
Title Insurance and Trust Company, Security Title; and any additional
title companies willing to enter into such agreements at rates below
their published rate schedules.
Approved the following Change Order:
PROJECT 6048 - Construction of Tennis Courts and All Purpose
Courts at Westwood Park; Change Order #1, increasing in the
amount of $138.00.
TRAFFIC
January 31, 1972,
inclusive.
Received and ordered filed
report of control devices removed
or installed January 1 through
SOLICITATION APPLICATIONS
Approved the following Solicitation
applications as submitted:
HEMOPHILIA FOUNDATION, 11752 Garden Grove Boulevard,
house-to-house, volunteer solicitation and placing canisters
in business areas; proceeds to be used to supply patient aid,
emergency care, public education and research; May 7 to
June 30, 1972.
ORANGE COUNTY HEART ASSOCIATION, 1043 Civic Center
Drive West, to raise funds to support heart research, community
service, and educational programs; February and March, 1972.
WINGS OF MERCY MISSIONS, INC. , 2460 Orange, Costa Mesa,
telephone solicitation and direct business contact to promote
Wings of Mercy Orphanage in B.C. Mexicali Valley; housing and
medical attention; for 60 days from date of approval.
HUMAN OUTREACH COUNSEL, 207 N. Broadway, Suite 100;
rummage and bake sales, plays and programs, contacting
unions, mailing; to refurbish space donated for a drug prevention
center and community meeting place; for 60 days from February
15, 1972.
CITY COUNCIL -50- February 7, 1972
CONSENT CALENDAR - Continued)
CHURCH OF GOD IN CHRIST, 3501 West 5th Street; door-
to-door and business establishment personal contact; for
support of the church; for 60 days from date of approval..
ORANGE COUNTY LIGHTHOUSE FOR THE BLIND, INC.,
600 W. 4th Street, Santa Ana; telephone solicitation with
truck pick-up for funds to assist all blind in Orange County;
from February 7 to April 7, 1972.
VARIANCES AND CONDITIONAL
USE PERMITS
Received and ordered filed
the following application:
CUP 71-39, SILAS H. & JANET J. BURNHAM - To
allow the construction of a nursery school in the R 2
District at 1630 E. Palm Street; APPROVED.
PUBLIC PROPERTY USE
Property:
Approved the following
Application for Special
License to Use Public
17TH OF MARCH COMMITTEE, 661 W. First Street,
Tustin; St. Patrick's Day Parade on Main Street, north from
2nd Street to 15th Street, between 2:00 P.M. and 3:30 P.M. on
Saturday~ March 18th, 1972.
DEEDS WITH CASH -
GRANTEE, CITY
the purchase:
Approved deeds and authorized
the Mayor to sign all necessary
documents in connection with
LAWRENCE, south side of First, west of Lyon, street purposes
CUNNINGHAM, north side of 17th, west of Broadway, street
purposes
WHEELER~ north side of 17th, west of Broadway, street purposes
MOODIE, south side of 17th, west of Broadway, street purposes
MOODIE, south side of 17th, west of Broadway, temporary easement.
DEEDS - NO CASH
GRANTOR, CITY
Approved deeds and authorized
their execution;.by thee Mayor and
C. lerk:
VARIOUS OWNERS OF RECORD, south side of MacArthur,
east of Bristol, vehicular access rights.
CALMONT WIRE & CABLE, INC., south of Alton, east of
Maple, surplus street right of way.
CITY COUNCIL -51- February 7, 1972
CONSENT CALENDAR - (Continued)
TENTATIVE PARCEL/TRACT MAPS Approved the following map,
subject to conditions contained in
Planning Director's report dated
February 1, 1972, and alley requirement was waived.
TENTATIVE TRACT MAP #7729 - Filed by William D.
Greschner Company creating twenty-five (25) M 1 lots
for industrial purposes, located generally on the west
side of Grand Avenue, 463 feet south of Edinger Avenue.
COMPLETION OF IMPROVEMENTS
Authorized release of performance,
monument, labor and material bonds
on the following:
TRACT #4951 - Flower Street and MacArthur Boulevard.
REIMBURSEMENTS
Authorized the following
reimbursement:
KAVANAUGH DEVELOPMENT INC., AND C.C. HUMPHRIES,
for street improvements on the northwest corner of Harbor
Boulevard and McFadden Avenue (905 lineal feet) in exchange
for ultimate dedication on both streets, in the amount of
$10,862.03.
AGREEMENTS
seconded by Councilman Villa:
Councilman Herrin' s motion to adopt
the following Resolution and to approve
the Purchase Agreements, was
RESOLUTION 72-18 AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH THE ROBERT H. GRANT CORPORATION FOR THE PURCHASE OF
CERTAIN PROPERTIES BY THE CITY OF SANTA ANA
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY between
the City and Robert H. Grant Corporation (South Park).
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY between
the City and Robert II. Grant Corporation (North Park).
The motion carried on the following roll call vote:
AYES: Herrin, Villa, Griset, Yamamoto, Markel
NOES: None
ABSENT: Evans, Patterson
Councilman Patterson arrived at 2:10 P. M.
CITY COUNCIL -52- February 7, 1972
AGREEMENTS - (Continued)
On motion of Councilman Herrin, seconded by Councilman Yamamoto, the following
agreement was approved:
AGREEMENT between the City and the Santa Ana Unified School
District for mutual use of "Water Works" Park for recreational
purposes.
Motion carried on the following roll call vote:
AYES: Herrin, Yamamoto, Villa, Griset~ Patterson
NOES: Markel
ABSENT: Evans
WARNER AVENUE - SOUTH
COMMUNITY PLAN STUDY
Sandpointe Home owne rs Association,
Mayor Griset stated he had
received a telephone call from
Bill Heying, President of the
requesting deferral of this item until evefling.
Mr. Tony Filicicchia, resident of the Warner Avenue-South Community, stated that
the residents of the area had been informed that the matter would be presented at the
evening session and many of these people had planned to attend.
Councilman Evans arrived at 2:20 P.M.
Councilman Patterson moved to consider the matter in the afternoon session for general
discussion, and then set the matter for a public hearing at the next regular ~Counbil
meeting. The motion was seconded by Councilman Yamamoto. The Mayor asked Mr.
Filicicchia if he could notify the residents so that they would not attend the evening
session for discussion of this item. Mr. ~ilicicchia assured the Mayor that he would
do so. The motion carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Yamamoto~ Villa, Evans, Herrin, Griset
Markel
None
AGREEMENTS On motion of Councilman Herrin,
seconded by Councilman Patterson,
and unanimously carried, the
following agreement was approved and its execution authorized by the Mayor and
Cle rk:
LEASE AGREEMENT between City and Mr. & Mrs~ FrankA.
Dusek, owners and managers of the Hotel Corday, for City use of
Twelve Parking Stalls located on northeast corner of 3rd and Bush
Streets
CITY COUNCIL -53- February 7, 1972
CHANGE ORDER
on a 6-1 vote, Councilman Markel dissenting:
On motion of Councilman Herrin,
seconded by Councilman Villa, the
following Change Order was approved
PROJECT 7013 - Construction of City Hall; Change Order #13
increasing in the amount of $1, 576.10.
ALCOHOLIC BEVERAGE Councilman Patterson moved to
LICENSE APPLICATIONS receive and file the Marie Callender Pie
Shop application without protest. Motion
was seconded by Councilman Herrin. After discussion by the Council, the motion was
withdrawn. On motion of Councilman Herrin, seconded by Councilman Villa, the following
applications were received and ordered filed:
FARWARD, MOHAMMED, 1414 W. Edinger, On Sale Beer & Wine,
Origins].;
FRIEDRICH~ JOHN, ET AL, 1430 S. Ritchey, On Sale General,
Original;
PAPA LUIGI'S SPAGHETTI DEN, 2610-B W. Edinger, On Sale Beer
& Wine, Person to Person;
SILVER DOLLAR, 2132 S. Main Street, On Sale Beer, Person to Person;
GOLDEN GREEK, 2513 W. Edinger, On Sale General, Person to Person;
LA GRAND MARKET, 303 N. Grand Avenue, Off Sale Beer, Person to
Person;
SAV-ON DRUGS, INC., 1501-A N. Tustin Avenue, Off Sale General,
Person to Person;
BUVINICH, MARY M. AND THOMAS, 2429 W. Edinger, Off Sale
General, Person to Person;
SMEDLEY, CARL W. AND MICHIKO, 2537 S. Main, On Sale Beer,
Person to Person.
and the City Attorney was instructed to file a protest with the Alcoholic Beverage
Control Board on the following applications:
CANTILLON, EDMUND, J. , 104' west of the northeast corner
of Alton Avenue & Main, On Sale General, Original; (Protest - within
300' of ~residential area)
JOHNSON, KENNETH Ro AND ILENE K., 5401W. First Street, On
Sale General, Original; (Protest ~ within 300' of residential area)
MARIE CALLENDER PIE SHOP #40, 1821 N. Grand Avenue, On Sale
Beer & Wine, Original; (Protest ~ within 300' of residential area)
SOLICITATION APPLICATION On motion of Councilman Herrin,
seconded by Councilman Yamamoto,
ankt carried on a 6-1 vote, ~ounc'ilman
Markel dissenling, +hd following Solicitation Application was approved as submitted:
CHRIST FOR INDIA DBA MISSIONS INTERNATIONAL, 408 W. Fourth
Street, door-to-door solicitation to carry on Christian work at home
and abroad; 60 days from date of approval.
CITY COUNCIL -54- February 7, 1972
DEEDS, NO CASH On motion of Councilman Evans,
GRANTEE, CITY seconded by Councilman Herrin,
Council approved the report of
No-Cash deeds accepted by the City Manager, pursuant to Resolution #69-156 from
January 12 through February 1, 1972, inclusive, on the following roll call vote:
AYES:
NOES:
ABSENT:
Evans, Herrin, Griset,
Markel
None
Yamamoto, Patterson, Villa
DEEDS WITH CASH On motion of Councilman Herrin,
GRANTEE, CITY seconded by Councilman Evans, Council
approved the following deed and
authorized the Mayor to sign all the necessary documents in connection with the
purchase:
ESTATE OF HUERTA, north side of First, east of Daisy, street
purpo se s.
The motion carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Villa, Patterson, Yamamoto, Griset
Markel
None
READING WAIVED On motion of Councilman Herrin,
seconded by Councilman Villa, and
unanimously carried, the full reading
of ordinances and resolutions, the titles of which appeared on the public Agenda, was
waived.
ORD. NS-1107 ORDINANCE NS-1107 AMENDING
SPEED LIMITS ARTICLE VII OF CHAPTER 36 OF
THE SANTA ANA MUNICIPAL CODE
RELATING TO PRIMA FACIE SPEED LIMITS FOR BRISTOL STREET was passed to
second reading, on motion of Councilman Herrin, seconded by Councilman Yamamoto
and unanimously carried.
RES. 72-16 RESOLUTION 72-16 GRANTING
APPEAL #286 APPEAL #286 AND APPROVING
G. L.A. DEVELOPMENT CO. VARIANCE APPLICATION 71 -52
FILED BY G.L.A. DEVELOPMENT
COMPANY, was adopted on motion of Councilman Herrin, seconded by Councilman
Evans~ and carried on a 6-1 vote, Councilman Yamamoto dissenting.
RES. 72-17 RESOLUTION 72-17 UPHOLDING
CUP 71-34 DECISION OF THE PLANNING
ROBERT R. WASHER COMMISSION APPROVING
CONDITIONAL USE PERMIT NO.
71-34 FILED BY ROBERT R. WASHER was adopted on motion of Councilman Herrin,
seconded by Councilman Evans and carried on a 6-1 vote, Councilman Yamamoto
dissenting.
CITY COUNCIL -55- February 7, 1972
WARNER AVENUE - SOUTH Council requested additional information
COMMUNITY PLAN STUDY regarding the interim report dated
January 24, 1972, on the Warner Avenue -
South Community Plan Study. The Director of Planning stated thai the report was prepared
by staff and had been presented to the Planning Commission; thai it was received and filed
by the Commission and has been submitted to the Council for information only; that this is
the first in a series of reports programmed to a time schedule which the Planning
Commission has adopted; thai specific land use plans will be presented to the Planning
Commission at their next meeting; and that a final proposal will be due in approximately
45 days. He stated that amendments and new ordinances will then be prepared and
presented fo~ pul~lic h~arifigs, and suggested that the January 24th report should be
received and filed at this time.
In response to a question by Councilman Villa, Councilman Patterson stated he assumed
the Joint City/School Committee for Development Proposals would be dealing with some
of the facilities proposed for school districts; that the Committee will discuss needs
based on no development of the area, wide open development, and densities in between
these two.
Councilman Yamamoto asked if the Committee ~ould meet with staff and send a report
to the Council so that there would be better understanding of the situation at the time
of the public hearing. Councilman Pattersonagreed that this matter could be placed on
the next agenda of the Committee.
On motion of Councilman Evans, seconded by Councilman Villa, and unanimously carried,
the report was received and ordered filed, and Councilman Patterson was requested to
place the matter on the agenda of the Joint City/School Committee for Development
Proposals.
DRAINAGE ASSESSMENT FEES On motion of Councilman Herrin,
seconded by Councilman Patterson,
and unanimously carried, Council
approved the staff report regarding drainage assessment fees, and referred the matter
to the Planning Commission for public hearings.
CHINO HILLS AIRPORT Mr. Robert Bresnahan, Administrator,
Orange County Airport, stated that he
was present to answer any questions
the Council might have in connection with the City's adoption of a position on the matter
of the Chino Hills Airport.
Councilman Yamamoto stated he would like to have the staff prepare a study on this
matter; Mayor Griset stated that the FAA is having hearings on the matter and there
will be a report forthcoming in the near future, and that he believed the City should
await the results of those hearings.
Mr. Leo H. Leafy, Vice President, Community Relations, Chino Hills Airport
Complex, stated that they had requested a Resolution from the City in order to
indicate that the need for an airport is acknowledged. He stated that an airport of
this size means employment of over 20,000 people, and new revenues for the County;
CITY COUNCIL -56- February 7, 1972
CHINO HILLS AIRPORT - (Continued)
that this would be the largest single employer in the_history of the county. He requested
that a Resolution be adopted favoring the Chino Hills endeavor, provided it would meet
the requirements of the FAA and of the Department of Aeronautics, State of California.
Mr. Rick Norris, 5962 Brookmont, Yorba Linda, stated that at the FAA hearings
there were approximately 700 people and 30 were in favor of the airport; that at the
hearing in the City of Yorba Linda, approximately 300 persons were present, and
four were in favor of the airport. He stated that the Fullerton Airport and a school
will be in the flight pattern of the proposed airport; that as for employment, the
airlines will provide Air Traffic Controllers, mechanics, cargo handlers, etc., on a
seniority basis, not necessarily from this area.
Counc}lman Villa moved to endorse the proposed new airport provided the FAA report
is favorable. Councilman Markel seconded the motion, which failed onthe following
roll call vote:
AYES:
NOES:
ABSENT:
Villa, Markel
Evans, Herrin, Griset, Yamamoto, Patterson
None
Councilman Herrin's motion, seconded by Councilman Evans, to receive and file the
report of staff dated January 24, 1972, carried on a 6 - 1 vote, Councilman Villa dissent-
ing.
Mr. Reg Wood, a proponent of the airport, stated that on or before the 10th of October,
they sent out an invitation with an RSVP to all the Orange County Supervisors, and to
the Mayors and City Councils of Orange County; that out of all of these invitations only
one member was present; that this was a meeting toadgise of the intent of the airport;
that the FAA has promised to hear the matter within the next 30 days; that they can
assure the people of Orange County that the land will be developed only for the use of
the airport and will not have any housing projects; and that they are asking for support
from the Council.
RECESS
present.
At 3:25 P.M., a five minute recess
was declared and at 3:35 P.M. Council
reconvened with all Council members
COMMUNITY ACTION On motimn of Councilman Herrin,
COUNCIL, INC. seconded by Councilman Yamamoto,
and unanimously carried, Councilman
Villa was appointed to represent the City at the Community Action Council meetings
for the balance of the Fiscal Year 1971 - 72.
PARKING RESTRICTIONS On motion of Councilman Herrin,
seconded by Councilman Patterson,
the petition dated December 3, 1971,
requesting one hour parking restrictions near Santa Ana College was denied, on a
6 - 1 vote, Councilman Evans dissenting.
CITY COUNCIL -57- February 7, 1972
ORANGE COUNTY HOUSING On motion of Councilman Herrin,
AUTHORITY seconded by Councilman Evans and
unanimously carried, Council referred
to staff the letter from the First Presbyterian Church dated January 21, 1972, requesting
the City's cooperation with the County Housing Authority.
CIVIC CENTER DRIVE Council considered the Planning
EAST STREET ALIGNMENTS Commission letter dated February
2, 1972, requesting Council to
instruct the staff to provide the Commission with three proposed street alignments for
Civic Center Drive East, from its present easterly terminus to Seventeenth Street
(through the Logan area) for its consideration and recommendation.
The Reverend Galal Gough, 2112 N. Baker, provided Council with written copies of his
oral comments regarding the request. He stated that the Human Relations Commission
is unanimous in believing that the "people" problem should be solved before any more
consideration is given to the Civic Center Drive project, and had adopted a Resolution
on January 18, 1972 which included the following recommendations:
(1)
take action to establish a moratorium on plans to extend Civic Center Drive
through the Logan neighborhood until the "people problems" involved have
been honorably solved.
(2)
assign first rank priority in the Workable Program to the development of
a responsible plan for the future residential security of the people who live
in the Logan Community.
He requested Council adoption of the Human Relations Commission Resolution on
Residential Security for the citizens of the Logan Community.
In discussion, it was stated that no matter when the construction takes place there
will always be some hardships; that the Council is moving in the right direction because
there is a need to extend Civic Center Drive East.
The City Manager stated that this particular street was not in the Master Plan of Streets
and Highways, but was originated in the Planning Commission; that a considerable amount
of money has been spent on 6th Street, which will alleviate the traffic problem into the
Civic Center; that a park was developed where the street location would be because it
was going to be a long period of time before the street would be needed. He stated that
the staff is prepared to obtain from the County properties to extend West Civic Center
Drive to Main Street.
John Martin, 2101 N. Towner, spoke against the street extension, stating that the
traffic problem in the area is well taken care of, and the people are very much
against splitting this community.
Councilman Yamamoto brought out the fact that Council had a moral responsibility
to these people of the Logan community; that he felt the Council was trying to do the
best possible to help these people; that there was also a moral obligation to the rest
of the people of Santa Aha; and that if the road is needed it should be permitted.
CITY COUNCIL
-58- February 7, 1972
CIVIC CENTER DRIVE EAST STREET
ALIGNMENTS - (Continued)
Councilman Villa moved to adopt the Human Relations Commission RESOLUTION
ON RESIDENTIAL SECURITY FOR THE CITIZENS OF THE LOGAN COMMUNITY,
and to place a moratorium on the Civic Center Drive project until a study is completed
on the future of the Logan Community. Motfdn was seconded by Councilman Patterson,
and carried on the following roll call vote:
AYES;
NOES:
ABSENT:
Villa, Patterson, Evans, Herrin, Griset, Yamamoto
Markel
None
CONSTRUCTION OF FEDERAL On motion of Councilman Villa,
BUILDING seconded by Councilman Evans, Council
authorized the expenditure or
encumbrance of funds not exceeding $15,000 for the retention of bond counsel and a
financial consultant in connection with construction of the Federal Building, as
requested in letter dated January 31, 1972 from the County Counsel, County of Orange
and a Resolution of the Civic Center Commission of the Orange County Civic Center
Authority, dated February 4, 1972. Motion carried on a 6-1 vote, Councilman Markel
dissenting.
COMMUNICATION FROM THE On motion of Councilman Evans,
OFFICE OF RALPH C. DILLS, seconded by Councilman Herrin, and
CALIFORNIA SENATOR unanimously carried, Council
received and filed the communication
from Senator Ralph C. Dills, dated December 15, 1971, relative to the City's safety
personnel employment practices.
MUNICIPAL LIBRARIES IN SCHOOLS Councilman Markel suggested that
Districts should supply space for
public libraries in schools and
requested that the matter be placed on the agenda for the Joint Use of Facilities
Committee. Councilman Patterson stated it could be taken up at the next meeting
of the Joint Use of Facilities Committee.
WAGE AND SALARY Councilman Markel stated that
NEGOTIATIONS during the League of Cities Conference
in San Diego he spoke with the
City Manager of Stockton a. nd that they were having problems in dealing with their Fire
Department on Wage and Salary matters; that it was agreed to accept a State counselor
at a very low cost, and all parties were eventually able to agree to a program. He
suggested that prior to negotiations for the next Fiscal Year, the City should investigate
the possibility of the State C~)nciliation program.
RECESS
present.
At 4:35 P.M., a five minute recess
was declared. The meeting reconvened
at 4:40 P.M. with all Councilmen
CITY COUNCIL
-59-
February 7, 1972
JEROME CENTER
lavatories are in poor repair.
Councilman Evans asked for a staff
report on Jerome Center. He has
received reports that the floors and
POLICE CHIEF Councilman Evans requested information
RETIREMENT regarding the retirement of the Police
Chief and requested that recruitment begin
as soon as possible so that the City will not be without a Police Chief for any length of
time. Staff stated that recruitment at this time would be premature.
NIGHT TIME , Councilman Herrin objected to solicita-
SOLICITATIONS tion for candy sales 'at night time, and
requested a report from the City Attorney
in connection with possible revision of the ordinance regulaling solicitations.
FEDERAL AID COORDINATOR Councilman Villa suggested that as
the City becomes more involved in
Federal funding, the Staff will not
be able to devote sufficient time to proper processing of applications and other paper
work; and suggested that a position of Federal Aid Coordinator should be considered.
LOW COST HOUSING Mr. Maurice Tubert, 6824 Melrose
Avenue, Los Angeles, stated that he
is a building contractor, specializing
in low-cost housing with individual, private financing; that he is one of the few builders
who can provide low-cost housing without Federal funding; that he had 30 contracts in
the City of Santa Aha and obtained the necessary permits from the Building and Planning
Departments but at that time he was not given complete information concerning
requirements of such development in Santa Ana; that later, after the contracts and financing
had been negotiated, the City informed him of additional improvements that would be
required; that the people he deals with are low-income families who cannot immediately
obtain funds for these additional improvements.
After considerable discussion, it was suggested that Mr. Tubert should negotiate further
with the Staff in an attempt to work out problems.
VARIANCE APPLICATION Mr. John Shields, 2317 W. Pomona,
stated that he had purchased property
in 1959; originally situated in County
territory; that he had obtained a variance from the County to conduct a business at the
location; that there is a grocery store next door that has been there for many years; that
his property contains a residence and a shop that was used for commercial purposes for
years until the tenants left Santa Ana; that since then he has attempted to rent the
property as a residence, but this is impossible as long as the grocery store remains on
the property next to his; that he was appealing directly to the Council because
approximately seven or eight years ago another party attempted to rezone the remainder
of the block and the Planning Commission rezoned it from R 2 to P, but no one will open
any kind of an office in that location; that the only possibility of renting the property to
responsible tenants lies in allowing them to use the front as a business.
CITY COUNCIL
-60 -
February 7, 1972
VARIANCE APPLICATION - (Continued)
After discussion, Mr. Shields was instructed to submit his application to the
Planning Department and ~follow the normal procedures for Variance Application,
and that if the application is denied by the Planning Commission he has the right
of appeal to the Council.
REALIGNMENT OF WARD Mrs. Janice Boer, 912 N. Lowell,
BOUNDARIES asked what action the City is taking
in connection with realignment of wards
conform to the new legislation. The City Manager stated that the wards must be
realigned according to population; that there are two alternatives -- (1) a special census
which would cost approximately $40, 000, or (2) to wait for the regular census of the
Federal Government and use their data,~ thai since the City does not have a local
election until next year, Staff had elected to await the information from the Federal
Government; that precincts must be conformed and cannot be split, and therefore,
block designations are needed. Councilman Patterson stated that he is in favor of
maximum compliance boundaries, which means major changes to make them equal;
and that he favors waiving the one-year ward residential requirement if the candidate
meets the two-year residency in the City.
RECESS At 5:30 P.M., the meeting was
recessed to 7:30 P.M., at which
time it was reconvened with all
Councilmen present. Following the Pledge of Allegiance to the Flag, the Invocation
was given by the Reverend James Stock of the First Christian Church.
The Mayor gave special recognition to the Civic CenterAuthority for their efforts on
behalf of the State Building, and presented Mr. Tom McMichael with a picture of the
groundbreaking. Mr~ McMichael paid tribute to all of the people involved in making
the State and Federal buildings a reality.
STREET VACATION
WARNER AVENUE EAST
OF BRISTOL
The Mayor opened the public hearing
on the proposed vacation of an alley,
south of Warner Avenue and east of
Bristol Street.
The Director of Public Works stated that this vacation involves an existing ten foot
right-of-way running parallel with Central Avenue, east of Bristol, connecting to an
existing 20 foot alley running south from Central to Hemlock; that the connection at
this point is not needed for public use, and that their recommendation is for abandonment.
The Assistant Clerk reported no written communications had been received in the matter.
There were no proponents or opponents, and the Mayor closed the public hearing.
RESOLUTION 72-11 ORDERING THE VACATION OF ALLEY SOUTH OF WARNER
AVENUE AND EAST OF BRISTOL STREET RESERVING EASEMENT FOR SOUTHERN
CALIFORNIA GAS COMPANY AND SOUTHERN CALIFORNIA EDISON COMPANY was
adoptec~ 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 -61- February 7, 1972
STREET VACATION
GIRAND A VENUE NOIRTH
OF McFADDEN AVENUE
The Mayor opened the public hearing
on the proposed vacation of a portion
Of Grand Avenue north of McFadden
A venue.
The Director of Public Works stated that this is a narrow strip of right-of-way on the
east side of Grand Avenue north of McFadden known as frontage property; that an
exchange of right-of-way had previously been negotiated with the property owner; that
the owner had dedicated right-of-way from the north end of his property, and the City
is now following up with this abandonment.
There were no proponents or opponents in the matter and the .Assistant Clerk reported
no written communications had been received on the matter. The Mayor closed the
public hearing.
RESOLUTION 72 -12 ORDERING TH E VACATION OF A POIRTION OF GRAND AVENUE
NORTH OF McFADDEN AVENUE was adopted on motion of Councilman Herrin, seconded
by Councilman Patterson, and carried on the following roll call vote:
AYES: Herrin, Patterson,
NOES: None
ABSENT: None
Villa, Evans, Griset, Yamamoto, Markel
AMENDMENT APPLICATION 689 The Mayor stated that the applicant
MARVIN M. IROHRS had requested a continuance of this
item~to April 3, 1972, in order that
the development may be in compliance with the proposed ordinance on Planned
Residential Development.
Mr. Mickey Conroy, 2520 Linwood, objected to the delay, stating that the residents
in the area object to multi-residential development, and that they should not be
required to appear at Council meetings every few weeks.
Mr. Andy Palmer, 2505 N. Linwood, asked if Pacific Investments was prepared to show
the pictures they had promised to have for this meeting, and stated that he was not in
favor of a continuance.
Mr. Van Stevens of Pacific Investments, 1840 E. 17th Street, stated that the reason
for requesting continuance at the previous meeting, was so that development plans
could be completed; that the: drawings are completed as they comply with the present
ordinance, but that it was felt the matter should be continued until the Planned IResidential
ordinance was in effect in order that~urther revision of plans would not be necessary;
that the proposed PIRD zoning would allow densities slightly less than a typical iR 2
subdivision,
Mrs. Shigekawa, 1415 Joanna, and Mr. A1 Cardiff, Concord Street near Santa Clara
Avenue, also spoke in opposition to the postponement. The Mayor stated that the
Planned Residential ordinance is not ready for submission to the Council.
On motion of Councilman Villa, secnnded by Councilman Yamamoto, and unanimously
carried, Council continued the hearing on Amendment Application 689 filed by Marvin
M. IRohrs to April 3, 1972.
CITY COUNCIL -62- February 7, 1972
AMENDMENT APPLICATION 695 The Mayor opened the public hearing
C.B. KNICKERBOCKER on Amendment Application 695 filed
by C.B. Knickerbocker to rezone the
south side of an alley between Eleventh and Twelfth Streets, west of Bush Street, from
P District to C 2 District.
The Director of Public Works stated that when Amendment Application 694 filed by
Mr. Knickerbocker was recently approved, a small, single parcel was omitted; that
this necessitated filing a new application to include that parcel.
The applicantj C.B. Knickerbockerj was present and requested that this parcel be
rezoned the same as the balance of the property.
There were no further proponents or opponents, the Assistant Clerk reported no
written communications had been received on the matter and the Mayor closed the
public hearing.
ORDINANCE NS-1108 CHANGING ZONING CLASSIFICATION ON AMENDMENT
APPLICATION 695 FILED BY C. B. KNICKERBOCKER AND AMENDING SECTIONAL
DISTRICT MAP 7-5-9 (EXHIBIT 695-A) was passed to second reading on motion of
Councilman Patterson, seconded by Councilman Herrin, and carried on the follov~ing
roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Herrin, Villa, Evans, Griset, Yamamoto, Markel
None
None
PARKING RESTRICTIONS ON
FLOWER STREET
First Street and 17th Street.
The Mayor opened the public hearing
on a proposal to prohibit curbside
parking on Flower Street between
The Director of Public Works stated that the portion of Flower Street between
Santa ~na Boulevard and Civic Center Drive is widened and prohibited to parking at
all times; that there are no residences or businesses affected by this; that it is part
of the Civic Center development; that in the study of the portion of Flower Street between
Civic Center Drive and 17th Street, it was found that traffic volumes were not high
enough to require total prohibition of parking at all times; that curbside parking is
prohi~oited on this portion of Flower Street between 7:00 and 9:00 A.M. and between
4:00 and 6:00 P. M.; that the study indicated that eleven accidents, or approximately
19% of the accidents in this location during a three-year period, were directly related
to eurbside parking; that it might be premature to prohibit parking on this portion of
Flower Street prior to the time the street is widened.
The following persons ~poke in opposifion to the proposed parking restrictions:
Mrs. Romanello, 1320 N. Flower Street
Dr. Jerome Krueger, 1125 N. Flower Street
Elizabeth Ingraham, 1916 S. Orange
Mr. Bob Ownsley, 1021 N. Flower Street
Mrs. Patricia Launspach, 1012 N, Flower Street
CITY COUNCIL -63- February 7, 1972
PARKING RESTRICTIONS ON FLOWER
STREET - (Continued)
Opposition was based on the facts that some families own three cars, and if they are
not allowed to park in the street, they would have to park one car on the lawn; that
visitors to their homes would have no place to park except several blocks away; that
if the speed limit on Flower Street were enforced, there would be fewer accidents.
Mrs. Janice Boer, 912 N. Lowell, stated that she uses Flower Street frequently;
that the City is allowing parking in a driving zone, and driving in a parking zone; that
most of the accidents have occurred near to a corner; that an accident she had on the
street was caused by a car that was parked too close to a corner.
RECESS
At 8:40 P.M., a recess was declared.
The meeting reconvened at 8:45 P. M.
with all Council members present.
There were no further proponents or opponents in the matter, the Assistant Clerk
reported no written communications had been received on the matter, and the Mayor
closed the public hearing.
The Director of Public Works stated that in the basic Master Plan of Streets and
Highways, there is no provision for curbside parking on any streets; that this would
require an additional 60 - 80 feet of right-of-way on any street; that when Flower
Street is widened, the Public Works Department will recommend that there will be
no parking permitted; that at the present time, better visibility is needed at
intersections, and that consideration should be given to red curbs at approaches to
major intersections.
Councilman Patterson stated that he believes the street is dangerous as it is; that
there should be parking permitted all the time with only two lanes of traffic, or keep
four lanes for driving and prohibit parking.
Councilman Yamamoto moved to leave the parking situation as it is on Flower Street
between Civic Center Drive and 17th Street, and requested a study each year until the
street is Widened. Councilman Herrin seconded, requesting that the motion include
a red zone at major intersections. Councilman Yamamoto, concurred, and the motion
carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Yamamoto, Herrin, Griset, Markel
Villa, Evans, Patterson
None
CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY
within the City of Santa Ana.
The Mayor opened the public hearing
on an application filed by C & S Tours,
Inc., to operate fifteen (15) taxicabs
Mr. Harvey Cole, 1522 Bush Street, President of C & S Tours, Incl, stated that he
believes there is a need for another cab company in the City; that lhe insignia for his
cabs has been changed since the application was submitted; that the cabs are now green
and white, and that a 7!' X 17" insignia on the doors will indicate Quick Cab Company.
CITY COUNCIL -64- February 7, 1972
CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY - (Continued)
Mr. Tom Bristol, owner and operator of the Greyhound Bus Depot at 201 N. Sycamore
stated that he was very much opposed to the granting of these additional permits; that
at the present, three cab companies operate in and around his depot, parking in and
across the driveways, and that it is necessary for him to call their dispatchers several
times a day requesting them to move the cabs; and that the drivers solicit business
for the cabs within the bus depot.
Mr. Milford Dahl, Jr., attorney representing Mr. Gordon Wiggins, stated they do
not oppose this application on the basis of public necessity and convenience; that they
feel the City definitely needs more cabs and that free competition should prevail; but
that Mr. Wiggins is also applying for the same type of Certificate and they would oppose
this applicatinn if it would in any way jeopardize their application. He stated that
Mr. Cole originally was with Tustin Cab Company and was a part of a group of people
who tried to take over that company; as a result, Mr. Wiggins was required to file legal
action, and obtained a Superior Court judgment against Mr. Cole and others, requiring
them to give the company back to Mr. Wiggins; that Mr. Cole then went to work for the
Garden Grove Quick Yellow Cab Company, left there after a short time and returned to
UTO; and that now he is starting his own company and has no experience as operator
or owner; that he only owns two or three cabs and is seeking permits for other owners;
that he would question Mr. Cole's corporate status and whether he carries sufficient
in su rance.
Mr. Larry Ogden, President of UTO, Inc. , stated that he believed these applications
were filed because of the feeling that UTO, Inc., was a dead corporation; that they
intend to grow and he hoped that Council would consider that along with these
applications.
Mr. Barry Michaelson, attorney representing the Yellow Cab Company, requested
that Agenda Items 76 and 77 be considered together in order that all comments on
both applications could be heard at one time.
The City Attorney stated that there are certain areas common to both applications
and Council could consider the matter of Public Convenience and Necessity at one
time, and evidence in support of the separate applications would then be presented,
permitting rebuttal evidence to both, once affirmative evidence had been presented.
Council agreed to first establish public need and then consider the individual
applications.
In response to a question from Councilman Villa, the City Attorney stated that the
people involved in this matter band together, break up, re-divide, and then form
new groups, creating an almost insolvable legal position. He further stated that the
applicant had not complied with SAMC Section 38-3(4) which requires the application
to state the facts which will establish public convenience and necessity; that no such
facts are contained in Mr. Cole's application~
Mr. Cole replied that need and necessity was proven when the City Council granted
ten permits to UTO; that UTO does not own any taxicabs; that they have one cab with
a valid permit which belongs to one of their creditors~
CITY COUNCIL -65- February 7, 1972
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY - (Continued)
There were no further proponents or opponents in the matter, the Assistant Clerk
reported no written communications had been received, and the Mayor closed the
public hearing.
In response to questions from Council, David Tayco, Assistant to the City Manager,
stated that several months ago Larry Ogden, President of UTO, informed him that
the Tustin Cab Company was operating vehicles which had the exact identity and
markings as UTO--a white vehicle which contained the letters UTO-Tustin Cab Company.
He stated that Mr. Ogden presented a fictitious firm name filed with the Orange County
Recorder's Office; that the Santa Ana Code does not specify that a taxi must operate with
a particular identity and he had informed Mr. Ogden he could operate, using the White
Cab Company name; and that they are still UTO dba White Cab Company, which is not
in violation of the Code. He stated that UTO did not meet the insurance requirements
of the Code; thai the validity of UTO's corporate status was in question; that UTO was
doing business without the approval of the Federal Communications Commission; that
later, he was informed that they had a temporary license but it had expired; that in
December of 1971 he wrote a letter to Larry Ogden informing him that in addition to the
violations previously mentioned, he was operating more than ten taxicabs, which was
the total number permitted by Council several years, ago, and that it was Mr. Ogden's
contention that Council had given him permission to operate ten cabs at any given time--
ten for one eight-hour period, another ten for the next eight-hour period, and another
ten for the third eight-hour period--or a total of 30 vehicles in 24 hours. Mr. Tayco
further stated that permits issued by the City were encased in plastic by UTO, Inc.,
and were affixed to the rear trunk lid of the cabs, and that they were switched at will
from one cab to another; that as a result of a court order obtained by Gordon Wiggins,
the Marshal's office took possession of the UTO cabs and delivered them to the Tustin
Cab Company; that he went to the location where they were stored and counted 22 cabs
that had evidence of a license having been affixed to the rear bumper; that he later
determined that some of the permits fixed to the vehicles were originally Sold to
cigarette machines or gum ball machines. He stated that at that time he requested
proof that UTO was actually a corporation; that the records showing the existence of
UTO were presented to the City Attorney's office and the stipulation was made that UTO
was a legal corporation; that he issued 1972 permits for ten vehicles and had them
affixed to the rear windows of ten taxicabs; that approximately two weeks ago, Larry
Ogden and Gordon Wiggins informed him they were no longer in disagreement with
each other and wished to operate from the same location, 1001 N. Logan, which has been
the continuous location of the Tustin Cab Company; that part of the reason for changing
to the ne%v location was so thai UTO cars could avail themselves of the insurance that
was written for Tustin Cab Company. He stated that he had in his possession driver's
manifests indicating that during a 5-1/2 month period, cabs were dispatched in the City
of Santa Ana by the Tustin Cab Company; that in the last two months the Police Depart-
ment has issued citations against the vehicles operated by Tustin Cab Company,
charging them with operating without a license, operating without a Certificate of
Public Convenience and Necessity~ soliciting passengers in the City of Santa Aha; and
operating without proper insurance coverage.
Councilman Villa stated that he did not believe in monopolies; that competition pro-
vides better service to the City. Mayor Griset stated he is infavor of competition, but
does not believe the public convenience and necessity was established by C & S Tours.
Councilman Patterson stated that in discussions of monopolies and free enterprise,
cabs, buses and ambulances tend to fall into the same category as telephone and
electric light companies; that competition tends to bring down rates and prices; how-
ever, with bus and cab companies, cutting of costs downgrades the level of service.
CITY COUNCIL -66- February 7, 1972
CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY - (Continued)
Councilman Patterson's motion, seconded by Councilman Markel, to deny the
application of C & S Tours, Inc., for a Certificate of Public Convenience and
Necessity failed on the following roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Markel, Griset
Villa, Evans, Herrin, Yamamoto
None
Councilman Herrin's motion, seconded by Councilman Villa, to grant a
Certificate of Public Convenience and Necessity to C & S Tours, Inc., to do
business and to operate fifteen (15) taxicabs within the City of Santa Ana, carried,
on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Villa, Evans, Yamamoto
Griset, Patterson, Markel
None
CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY
(30) taxicabs within the City of Santa Ana.
The Mayor opened the public
hearing on the application filed by
Tustin Cab Company to operate thirty
Mr. Milford Dahl, Jr., Rutan and Tucker, representing the applicant, Gordon
Wiggins, stated that the Tustin Cab Company was originally formed by Mr. George
Brazier in 1966 or 1967; that in 1969, Mr. Brazier decided he would like to legally
pick up passengers in the City of Santa Ana, but had to obtain a Certificate of Public
Convenience and Necessity; that due to certain background problems, Mr. Brazier
did not l'eel he could obtain that Certificate, so he and his drivers formed UTO, Inc.;
thai his sole purpose was to obtain permits to operate in the City of Santa Ana and distrib~
profits among the drivers to encourage them to be good cab drivers. He stated that the
organization was incorporated; that there were public hearings to determine public
necessity, and ten permits were approved. He stated that at that time there were 20
people; that eventually a number of them became disillusioned and the number was
reduced to 13, among them Mr. Brazier and my client; that in June, 1970, Mr. Wiggins
purchased the Tustin Cab Company from Mr. Brazier; that at that time he paid,
roughly, $50,000 and~here were approximately 15 cabs in good operating condition on
the road every day; that after the Certificates were given to UTO, they did not really
operate as a separate corporation; they had the same insurance, same books, same
personnel, and same stock. He further stated thai in Mar~ch, 1971, a dispute arose
between Mr. Brazier and Mr. Wiggins; that while Mr. Wiggins was out of town,
Messrs. Brazier, Cole, and Welchtook possession of the business without any Court
proceedings; that Mr. Wiggins filed a suit for fraud in the Orange County Superior
Court and obtained a judgment agiinst all of these genfrerr~nlinAugust 1971; that the
gentlemen were ordered to return all equipment to Mr. Wiggins; that they were also
required to make payments on the cabs owned by Tustin Cab Company. He stated that
they defaulted on the payments, purchased new cabs, and when the Orange County
Marshal returned the cabs to Mr. Wiggins, the other group moved the new cabs to
Birch Street and started operating as a separate corporation; that the Marshal also got
those cabs, since they were owned by the Tustin Cab Company, financed by them and
CITY COUNCIL
February 7, 1972
RECESS
present.
At 10:40 P.M., a recess was
declared. The meeting reconvened
at 10:45 P. M., with all Councilmen
CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY
(Continued)
unanimously carried.
Councilman Herrin's motion, seconded
by Councilman Yamamoto, to receive
and file the communications presented
to the Council by Mr. Michaelson, was
Mr. Bob Dunlap, stated that he is a mechanic and has dealt with Gordon Wiggins, Geor=e
Brazier, Larry Ogden, Mr. Welch, and Harvey Cole, as well as most of the drivers;
that at the present time he has a law suit filed against the Tustin Cab Company; that at
one time he had a garage but was bilked into moving it to their facilities with the promi
of more work and a guarantee of a certain amount of money per week, which came to
as soon as he had given up all his other accounts; that the men associated with this
company have a history of bilking people, cheating them; that he has not had as many
personal dealings with Gordon Wiggins as with the members of his organization and that
he thinks as a person he is allright, but as a businessman he could use a lot of experience;
b.e stated that UTO and Tustin Cab Company are not two separate companies; that if you
call a Tustin Cab you will get UTO, and vice versa.
Mr. George Brazier of the Tustin Cab Company stated he believed the Council should
consider servicing the customers of Santa Ana; that the service is needed; that the
people of Santa Ana want service.
There were no further proponents or opponents in the matter, the Assistant Clerk
reported no written communicatians had been received on the matter, and the Mayor
closed the public hearing.
The Mayor stated that in his opinion, UTO and all the people associated with UTO
have dealt irresponsibly; that they have operated in their own interests and not the
best interests of the City; that he could not vote to grant the application for taxicab
operation by any of the people who have been operating together; that it has been a
fraudulent operation, an operation that has been a blight on the City.
Councilman Patterson pointed out discrepancies in the statistics in Mr. Wiggins
report and stated that the need for this service has not been shown.
Councilman Herrin stated that a great amount has been said about fraudulent activities
of the people involved; that he does not believe the Council has jurisdiction to make
a determination of right or wrong in these matters; that he felt these matters are not
too relevant; and he asked if the ten permits already granted to UTO would remain in
effect in addition to any new permits granted at this hearing.
The City Attorney stated that would depend upon whether or not Council revokes that
permit; that UTO is a corporation; that the business certificate they use is the same
kind of decal that goes on cigarette machines and peep shows, and there is a lot of
evidence to indicate that these have been lifted off and put on cabs; that they have been
playing musical chairs with these decals. In response to Councilman Herrin's
question, he stated that if five more permits are issued, they will have a total of 15.
CITY COUNCIL -69- February 7, 1972
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY - (Continued)
insured by them; that after that, various disputes continued and we worked out some
settlements whereby most of the employees returned to Tustin Cab Company; that Mr.
Code stayed with UTO; that he tried to compete, but got very far in debt; that they need
centralized management, FCC approval, etc., so they moved back into the premises at
Tustin Cab Company; that UTO is located there now with the exception of two or three
drivers who remained with Mr. Cole. He stated that UTO and Tustin Cab Company are
operating as two separate companies; they have two sets of books; that Tustin Cab
Company has 29 taxicabs operating at this time and approximately 60 employees, in-
cluding part time; that they are authorized to serve Garden Grove, Orange and Tustin,
but cannot pick up passengers in Santa Ana. He further stated that at the time the cars
were repossessed, the permits were removed; that he knows there is an unfavorable
report from the Santa Ana Police Department, but that it is due to a lack of corporate
understanding. Regarding the financial situation of Tustin Cab Company, Mr. Dahl
stated that Mr, Wiggins is not an officer or director of UTO; that there have been bad
periods, but hopefully they are over; that there was a bad check charge in 1967; that
there were other arrests but no convictions; that none of these charges have been in
connection with the taxicab business, and all were dismissed; and that restitution has
been made on the bad check charge. Mr. Dahl mentioned the many traffic tickets,
stating that Mr. Wiggins is not asking for a permit for himself to drive a taxi; that the
tickets were not obtained in connection with the taxicab business; that the report shows
a subsequent arrest which is false; that Mr. Wiggins was convicted of the check charge
in Los Angeles County but since he was a resident of Orange County, the probation was
transferred here.
Mr. Dahl stated that the company has grown from 15 to 29 cabs, 60 employees,
$1, 000,000 worth of insurance, licensed with FCC, and that Mr. Wiggins shows stability
in running his company; that there are no criminal charges against him arising out of
this company, other than traffic tickets and tickets of his drivers; that in 1969 this
Council determined there was a public necessity, and the City has grown since that
time.
Mr. Mason Kruse, 1361Laguna, Tustin, stated that he was a Director for UTO but
had just resigned, and he was protesting the application of Mr. Wiggins because of
lack of moral integrity and business ethics; that at the time Mr. Wiggins bought the
company from Mr. Brazier, they were operating the Tustin Cabs on the 10 permits
that were issued to UTO; that no stockholder ever received a financial statement or
dividend; that in 1970 there was only one set of books for the two companies, and all
of the money went into Tustin Cab Company.
Mr. Barry Michaelson, Attorney for Yellow Cab Company, stated that the Yellow
Cab Company apparently has met the needs of the residents of Santa Aha who des ire
to use cab service; that they are not against free enterprise, but they feel there has
been no evidence presented to the Council with regard to the need for more permits;
that there is an ad in the Yellow Pages listing both UTO and Tustin Cab Company in the
same ad as serving the Santa Ana area; that there was also an ad in the Southeast
Santa Ana Penny Saver offering a 10% discount from UTO and Tustin Cab Company,
a copy of which was provided for the Council.
He stated that in this case there is definitive evidence against the character of
Mr. Wiggins; that if these 30 permits are granted, it will be extremely difficult
to maintain good service.
CITY COUNCIL
-6 8- February 7, 1972
CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY - (Continued)
Mr. David Tayco, Assistant to the City Manager, stated that on January 12, 1972,
ten permits were issued to UTO dba While Cab Company; that on this date he
received back all except two, because the drivers refused to drive for UTO or
Tustin Cab Company; that at the present time there are only two permits, and one
is on a car that has been totaled out.
The Mayor stated he had seen a dozen White Cabs circling around the Greyhound
Bus Depot. Mr. Tayco replied thai the way the Code is written, a cab may pick
up a fare and transport thai fare into the City legally; that a citation cannot be
issued unless they pick up in Santa Arm.
Councilman Villa stated that the greatest determination or common denominator
of necessity is supply and demand; that he believes the Tustin Cab Company has
the same right to do business as the Yellow Cab and C & S Tours.
Councilman Yamamoto's motion, seconded by Councilman Patterson to deny the
application of Tustin Cab Company for a Certificate of Public Convenience and
Necesgity failed on the following roll call vote:
AYES:
NOES:
ABSENT:
Yamamoto, Patterson, Griset
Villa, Evans, Herrin, Markel
None
Councilman Evans' motion, seconded by Councilman Villa, to grant a Certificate
of Public Convenience and Necessity to Tustin Cab Company to do business and to
operate fifteen (15) taxicabs within the City of Santa Ana, carried on the following
roll call vote:
AYES:
NOE S:
ABSENT:
Evans, Villa, Herrin, Markel
Griset, Yamamoto, Patterson
None
Councilman Patterson moved to instruct the City Attorney to draft an ordinance
removing all provisions from the Santa Ana Municipal Code dealing with taxicabs
operating in the City of Santa Ana. The motion died for lack of a second.
Councilman Patterson's motion, seconded by Councilman Yamamoto, to instruct
the City Manager and Cily Attorney to draft a more comprehensive ordinance
setting up standards and regulations in connection with the operation of taxicabs
in the City of Santa Ana, carried on a 5 - 2 vote, Councilmen Evans and Herrin
dissenting.
Councilman Patterson's motion to revoke the permits issued to UTO to operate
ten taxicabs in the City of Santa Ana on the basis of their failure to live by the rules
of the permit, was seconded by Councilman Yamamoto.
The City Attorney stated that SAMC Section 38-14 gives the Police Department the
power to suspend or revoke; that it requires a hearing and thereafter if the
Certificate holder is dissatisfied with the action, he may appeal it to the Council.
CITY COUNCIL -70- February 7, 1972
CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY - (Continued)
With the concurrence of Councilman Yamamoto, Councilman Patterson amended
his motion, requesting that staff be instructed to investigate the operations of UTO,
Inc., and report back to Council. Motion carried on a 6 - 1 vote, Councilman Herri. n
voting NO~
RECESS
At 1'_,.:20 P. M., a recess was declared.
The meeting reconvened at 11:30
P.M. with all Councilmen present.
PLANNED RESIDENTIAL Councilman Patterson moved to
DEVELOPMENT instruct the City At torney to re-draft
the Planned Residential Development
ordinance, incorporating the following Staff recommendations:
(1)
That a minimum 12-acre parcel, for which an application will
be accepted for a planned residential development, be established;
(2)
That the suggested Private Street Standards be added to the
Subdivision Ordinance, Chapter 34;
(3)
That the Planning Commission proposed w~iver provision of the
entire Subdivision Ordinance be limited only to lot size rather than
to all the standards, regulations, and requirements of the subject
chapter;
and that the matter be referred back to the Planning Commission for public hearings
Motion was seconded by Councilman Villa and carried unanimously.
ESTABLISHMENT OF SENIOR On motion of Councilman Herrin,
PERSONNEL ANALYST CLASS seconded by Councilman Evans, and
unanimously carried, Council approved
Class Specification for Senior Personnel Analyst and adopted I~ESOLUTION 72-6
AMENDING SECTION 3 OF RESOLUTION NO. 58-281BY DELETING THE CLASS OF
SAFETY TRAINING COORDINATOR AND ADDING THE CLASS OF SENIOR PERSONNEI~
A NA LYST.
COUNTY SANITATION DISTRICTS Councilman Herrin called attention to
DIRECTORS' FEES SCHEDULE recommendations for changes in the
present Directors' Fees Schedule of lhe .q
Joint Sanitation Districts, stating he would be attending a meeting of the Joint Boards on
Wednesday, February 9. He requested each Councilman to telephone him prior to the
scheduled meeting with their instructions for voting.
ADJOURNMENT On motion of Councilman Herrin,
seconded by Councilman Evans, and
unanimously carried, the meeting was
adjourned at 11:45 P. M.
Florence I~ Malone
Clerk of the Council
CITY COUNCIL -71- February 7, 1922