HomeMy WebLinkAbout08-21-1972MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA
August 21, 1972
The meeting was called to order at 2:00 P. M. , in the Council Chambers,
City Hall Annex, 530 North Ross Street, with the following Councilmen
present: Vernon S. Evans, J. Ogden Markel, Ray Villa, Harry K.
Yamamoto and Mayor Lorin Griset. Councilman Patterson arrived during
the executive session at 2:30 P.M. Councilman Wade Herrin was absent
for the afternoon session. Also present were City Attorney James A.
Withers, Acting City Manager Bruce Spragg, Director of Planning Herbert
Wieland and Director of Public Works Ronald Wolford.
MINUTES Minutes of the Adjourned Regular
Meeting of July 31, 1972 and Adjourned
Regular Meeting and Regular Meetings
of August 7, 1972 were approved on the unanimously carried motion of
Councilman Yamamoto and seconded by Councilman Villa.
HOUSING AUTHORITY
At 2:10 P.M., Council recessed to
convene the Housing Authority. The
meeting reconvened at 2:12 P.M.
EXECUTIVE SESSION Council recessed to an Executive
Session at 2:15 P.M., to consider
Personnel matters regarding
employee organization salary and fringe benefit requests and appointment
to fill the vacancy on the Human Relations Commission.
Councilman Patterson arrived at 2:30 P.M.
The meeting reconvened at 3:45 P.M., with all Councilmen present except
Councilman Herrin.
On motion of Councilman Villa, seconded by Councilman Evans and
unanimously carried, James Cavallo was appointed to the Human Relations
Commission to fill the unexpired term (ending June 30, 1976) of Harlan
Anderson.
CONSENT CALENDAR The following items were removed
from the Consent Calendar: Item 5 B
by the Mayor who also announced that
Item 3B, the agreement with Southern California Water Company, for
installation of water main on Jackson Street from Fifth Street to Hazard
Avenue, would be deleted from the Age~da. The agreement will be presented
to Council at its next regular meeting, Items 5 A and 7C at the request of
Councilman Yamamoto and Items 3A, 4, 9B, 10C, and 10E at the request of
Councilman Markel.
CITY COUNCIL MINUTES -322- AUGUST 21, 1972
CONSENT CALENDAR - (Continued)
On motion of Councilman Villa, seconded by Councilman Patterson and
uma~_'rmous!y ~rrie~l, the following Consent Calendar items were affirmed
as recommended:
BID CALLS
following:
Approved plans and speci-
fications,, and authorized
advertisement for bids on the
PROJECT 6055 - Construct Restroom and Storage Building
in Flower Street Park; opening date September 12, 1972 at
2:00 P.M.;
PROJECT 6056 - Install Court Lighting in Plower Street
Park; opening date September 12, 1972 at 2:00 P.M.;
PROJECT 6065 - Construct Swimming Pool Fence Extension
at Santa Anita Park; opening date September 11, 1972 at
2:00 P.M.;
SPEC. 72-009 - One (1) Air Compressor; replacement for
1963 Tornado high pressure compressor, City Property
#3807, to be traded in as part payment; opening date
September 11, 1972 at 2:00 P.M.
ALCOHOLIC BEVERAGE
LICENSE APPLICATIONS
Received and ordered filed
the following ABC applications:
LEONE, Paul and Diana, 1400 W. McFadden, #5, Off-
Sale Beer & Wine, Person to Person.
SUPERMARKETS INTERSTATE, INC., 3900 S. Bristol,
Off-Sale Beer & Wine, Original.
Council instructed the City Attorney to file a protest with the ABC Board
on the following application on the basis that building does not satisfy Code
requirements, and its location is subject to the Minor Exception Permit
procedure:
HAGEN, Barbara and Jack, 2509 S. Main, On-Sale
Beer, Original.
SOLICITATION APPLICATIONS
Approved the following
Solicitation Applications:
LEUKEMIA SOCIETY OF AMERICA, INC., Door~to-Door,
to support National research program and to maintain local
patient-aid and educational program; September 1, 1972 to
September 15, 1972.
CEDU FOUNDATION, INC., Sale of Dinner and Door Prize
Tickets, to further the (exempt) purpose of the foundation in
aiding young people involved in varying degrees of drug abuse
and other anti-social problems; August 22, 1972 to September
20, 1972.
VARIANCES, CONDITIONAL Received and ordered filed the
USE PERMITS AND MINOR following applications:
EXCEPTIONS
VA 72-52, LOREN E. AND HELEN A. SEEBER - To
allow enclosed storage of campers and trailers at 3110
W. Fifth Street in the R 2'Rd C 2 Districts; APPROVED.
VA 72-56, ANGLE RADOS - To waive requirement of
providing parking on one-third of a parcel at 2041 E.
Wilshire Avenue in the M 1 District; APPROVED.
EX 72-12, J. EUGENE ROHRS - To waive the 20' front
setback and 10' rear setback requirement in the proposed
Tract 7677 and allow setbacks of 16' and 9'6" respectively; APPROVED
CITY COUNCIL MINUTES -323- AUGUST 21, 1972
CONSENT CALENDAR - (Continued)'
PUBLIC PROPERTY USE
-~Approved the following application
to use public property:
SANTA ANA FIRE DEPARTMENT - Use of Municipal
Stadium froml0:00 A.M. to 2:00 P.M., and parade
from Civic Center Drive West at
Broadway; west on Fourth Street
Street into stadium, to celebrate
on October 14, 1972.
Broadway; south on
and north on Flower
Fire Prevention Week
DEEDS Received and ordered filed
the report of No Cash Deeds
accepted by the City Manager,
pursuant to Resolution #69-156, from August 2, 1972 through August
16, 1972, inclusive.
TENTATIVE PARCEL/ Approved the following maps,
TRACT MAPS subject to the conditions
contained in the Planning
Director's report, and waived the alley requirement on Parcel Map
#764:
TENTATIVE TRACT MAP #5457 - Filed by Environ-
mental Housing, Inc., creating one (1) R 4 lot for
residential use, located generally on the southeast corner
of Chestnut and Lyon Street.
TENTATIVE PARCEL MAP #764 - Filed by Sequoia
Pacific Realco creating ten (10) M 1 parcels to be used
for industrial purposes located generally on Garnsey
Street, south of Warner Avenue; waiver of alley requirement.
Council defered the decision on the following mapq)ending the outcome
of the evening hearing on Variance Application 7Z-45:
TENTATIVE PARCEL MAP #761 - Filed by Trans Columbia
Investments creating Two (2) C 1 parcels; Parcel 1 is to be
used for residential purposes, and Parcel 2 is to be used
for commercial purposes. Both parcels are located generally
on the west side of Sullivan Street, 347 feet north of Edinger
Avenue; waiver of alley requirement.
~I~I~ILETION OF IMPROVE-
MENTS
bonds on the following:
Authorized release of
performance, monument,
and labor and materl als
TRACT 6703 - Juniper Avenue and Woodland Place.
* * ;',~' * * * * * * * * * CONSENT CALENDAR FINIS * * * * * * * * * * * *
AGREEMENTS On motion of Councilman Villa,
seconded by Councilman Yamamoto,
with Councilman Markel voting
NO, Council approved the mutual aid agreement between the City and the
City of Costa Mesa providing for closest fire company to respond in areas
along City's southern boundary and Costa Mesa's northern boundary and
authorized execution by the Mayor and Clerk.
CITY COUNCIL lv~INUTES -3Z4- AUGUST 21, 1972
TRAFFIC On motion of Councilman Evans,
seconded by Councilman Villa
and unanimously carried, Council
received and ordered filed the report of control devices removed or installed
July 10 through August 15, 197Z, inclusive.
ALCOHOLIC BEVERAGE On motion of Councilman Patterson,
LICENSE APPLICATIONS seconded by Councilman Markel,
w~ Councilman Yamamoto voting
NO, Council received and ordered filed the following ABC application:
MR. DEEDS, 220 E. 4th Street, On-Sale General, Exchange
47 to 48.
3ohn Morrow, Morgan Ambulance Company, 21Z W. Second Street, and
Mr. Luth, 116 N. Sycamore, requested that Council protest the, following
application for on-sale beer and wine license, on the basis of proximity
to residential units and an over abundance of similar businesses in the area:
CASEBEER, 207 Second Street, On-Sale Beer ~ Wine,
Original.
Councilman Yamamoto moved that the City Attorney be directed to file a
protest with the ABC Board and Councilman Evans seconded the motion.
The motion failed to carry on the following roll call vote:
AYES:
NOES:
ABSENT:
Evans, Griset, Yamamoto
Villa, Patterson, Markel
Herrin
VARIANCE 72-57 On motion of Councilman Villa,
MOBIL OIL CORP. seconded by Councilman Evans,
and unanimously carried,
Council received and ordered filed the following variance application:
VA 72-57, MOBIL OIL CORPORATION - To install a
double faced pole sign, 45 feet to the top, at 938 N. Grand
Avenue in the R Z District; APPROVED.
DEEDS WITH CASH On motion of Councilman villa,
GRANTEE CITY seconded by Councilman Patterson,
and unanimously carried, Council
approved the following deed and authorized the Mayor to sign all necessary
documents in connection with the purchase:
ZIIVIPELMAN, MARGARET - For street purposes on the
north side of Seventeenth Street, west of Ross Street.
TENTATIVE ~i~!~C~I~AP The Clerk reported that the
#5457 applicant had filed a second
request dated August 16, for a
continuance to the next Council meeting. (The matter had been continued
from the previous meeting as requested by the applicant) and advised that
if Council desired to grant the request, a motion to reconsider the matter
was in order because the Map had been conditionally approved as a Consent
Calendar item.
Councilman Patterson stated that if no action is taken within a certain time
period, the Map is deemed approved by default. There was no motion to
re-consider and the request to continue was deemed denied.
CITY COUNCIL MINUTES -325- AUGUST 21, 1972
TENTATIVE PARCEL/TRACT MAPS - (Continued)
On Councilman Evans' motion, seconded by Councilman Villa and unanimously
carried, the following map was approved subject to conditions contained in
Planning Director's report and alley requirement was waived:
TENTATIVE PARCEL MAP #760 - Filed by Roscoe H. Cook,
creating five (5) M 1 parcels to be used for industrial use,
located generally on the west side of Ritchey Street, north of
Eding er Avenue.
On motion of Councilman Evans, seconded by Councilman Villa and unanimously
carried, the following map was approved subject to conditions contained in
Planning Director's report and alley requirement was waived:
TENTATIVE PARCEL MAP #765 - Filed by H & J Mabury
creating One (1) LP, one (1) LP and C 5 and two (2) C 5
parcels. All parcels to be used for office and commercial.
Said parcels are located generally on the north side of First
Street, 976 feet west of Tustin Avenue.
WAIVE READING On motion of Councilman Evans,
seconded by Councilman Patterson,
and unanimously carried, the
full reading of ordinances and resolutions, the titles of which appeared on
the public agenda, was waived.
ORD. NS-1132 ORDINANCE NS-1132 ORDERING,
SPECIAL ELECTION CALLING PROVIDING FOR AND
GIVING NOTICE OF A SPECIAL
ELECTION TO BE HELD IN SAID CITY ON NOVEMBER 7, 1972, FOR THE
PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY
PROPOSITIONS TO INCUR BONDED INDEBTEDNESS BY SAID CITY FOR
CERTAIN MUNICIPAL IMPROVEMENTS, AND CONSOLIDATING SAID
ELECTION WITH THE GENERAL ELECTION TO BE HELD ON SAID DATE
was adopted on motion of Councilman Patterson, seconded by Councilman
Yamamoto and carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Yamamoto, Markel, Villa,
None
Herrin
Evans, Grlset
ORD. NS-1133 ORDINANCE NS-1133 FIXING
TAX RATE THE AMOUNT OF MONEY
ASCERTAINED TO FINANCE
OPERATING AND CAPITAL EXPENDITURE ~i~'THE VARIOUS
DEPARTMENTS OF THE CITY, AND TO PAY THE BONDED INDEBTEDNESS
FALLING DUE FOR THE CURRENT FISCAL YEAR 1972-73 FIXING THE
RATE OF TAXATION FOR SAID CURRENT FISCAL YEAR, AND DESIGN-
ATING THE NUMBER OF CENTS OF TAX ON EACH $100.00 OF ASSESSED
VALUE FON~HE VARIOUS FUNDS OF SAID CITY HEREBY LEVIED ON
THE WHOLE OF THE TAXABLE PROPERTY IN SAID CITY was adopted on
motion of Councilman Patterson, seconded by Councilman Yamamoto and
carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Ya~amoto, Markel, Villa,
None
Herrin
Evans, Griset
CITY COUNCIL MINUTES -326- AUGUST 21, 1972
ORDLNANCES - (Continued)
ORD. NS-1134 ORDINANCE NS-1134 ADOPTING
POOL ROOMS SECTION Z9-11 OF THE SANTA
ANA MUNICIPAL CODE REGULATING
HOURS OF OPERATION OF POOL ROOMS was adopted on motion of Councilman
Patterson, seconded by Councilman Villa and carried on the following roll call
vote:
AYES:
NOES:
ABSENT:
Patterson, Villa, Evans, Griset, Yamamoto, Markel
None
Herrin
ORD. NS-1135 ORDINANCE NS-1135 APPROVING
A.A. #712 AMENDMENT APPLICATION #712
PLANNING COMMISSION FILED BY THE SANTA ANA PLANNING
COMMISSION TO REZONE PROPERTY
SITUATED NORTH OF SEGERSTROM AVENUE BETWEEN RAITT STREET AND
THE ORANGE COUNTY FLOOD CONTROL CHANNEL, FROM THE A 1 DISTRICT
TO THE R 1 DISTRICT AND AMENDING SECTIONAL DISTRICT MAP 26-5-10
(EXHIBIT A.A. 712-A), was adopted on motion of Councilman Patterson, seconded
by Councilman Villa, and carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Villa, Evans, Griset, Yamamoto, Markel
None
Herrin
ORD. NS-1124 ORDINANCE NS-1124 - AN ORDINANCE
SUBDIVISIONS OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING CHAPTER
34 PERTAINING TO SUBDIVISIONS AND ADDING A SECTION TO CHAPTER 41
PERTAINING TO PLANNED RESIDENTIAL DEVELOPMENT was adopted on
motion of Councilman Patterson, seconded by Councilman E~zans and carried on
the following roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Evans, Griset, Yamamoto, Markel, Villa
None
Herrin
RES. 72-84 RESOLUTION 7Z-84 - RESOLUTION OF
NO STOPPING ZONES THE CITY COUNCIL OF SANTA ANA
ESTABLISHING NO STOPPING ZONES
ON SEVENTEENTH STREET BETWEEN MAIN STREET AND PENN WAY was
adopted on motion of Councilman Patterson, seconded by Councilman Villa and
carried with Councilman Evans dissenting.
RES. 7Z-85 RESOLUTION 7Z-85 - RESOLUTION OF
VA 72-42 THE CITY COUNCIL OF THE CITY OF
SANTA ANA UPHOLDING THE DECISION
OF THE PLANNING COMMISSION GRANTING VARIANCE APPLICATION 7Z-4Z
FILED BY MARTIN TREVINO was adopted on motion of Councilman villa, seconded
by Councilman Evans, and carried unanimously.
RES. 72-86 RESOLUTION 72-86 - RESOLUTION OF
WARNER AVENUE-SOUTH THE CITY COUNCIL OF SANTA ANA
AMENDING THE "LAND USE" PORTION
OF THE "LAND USE AND ARTERIAL STREET" ELEMENT OF THE GENERAL
PLAN IN THE "WARNER AVENUE-SOUTH" AREA OF THE CITY OF SANTA ANA
was adopted on motion of Councilman Patterson, seconded by Councilman Villa and
unanimously carried.
CITY COUNCIL MINUTES -327- AUGUST Z1, 197Z
RESOLUTIONS- (Continued)
RES. 72-87 RESOLUTION 72-87- AMENDING
CUSTODIAL FOREMAN SECTION 3 OF RESOLUTION NO.
58-281 TO ADD CLASS TITLE OF
CUSTODIAL FOREMAN was adopted on motion of Councilman Patterson,
seconded by Councilman Yamamoto and carried with Councilman Evans
dis s enting.
RES. 72-88 RESOLUTION 72-88 - RESOLUT~DN
WAIVING SIDEWALK REQUIREMENT OF THE CITY COUNCIL OF SANTA
ANA WAIVING OTHERWISE
REQUIRED SIDEWALKS AT FAY CIRCLE EAST OF WEST STREET PURSUANT
TO SANTA ANA MUNICIPAL CODE SECTION 33-47 (g) was adopted on motion
of Councilman Patterson, seconded by Councilman Yamamoto and carried ~h
8~uncilman Evans dissenting.
RES. 72-89 RESOLUTION 72-89 - RESOLUTION
PLEASURE HOUSE INDUSTRIES OF THE CITY COUNCIL OF SANTA
ANA SUSTAINING THE DENIAL OF
ISSUANCE OF PERMITS TO PLEASURE HOUSE INDUSTRIES, INC., FOR
OPERATION OF A THEATRE AND PEEP SHOW ESTABLISHMENT AND UP-
HOLDING THE DECISION OF THE HEARING OFFICER DENYING SAID
PERMITS was adopted on motion of Councilman Markel, seconded by Council-
man Yamamoto and carried with Councilmen Villa and Patterson dissenting.
RES. 72-90 RESOLUTION 72-90- RESOLUTION
WITCO CHEMICAL CORP. OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AUTHORIZING
THE MAYOR TO EXECUTE RELEASE IN FAVOR OF WITCO CHEMICAL
CORP., AND ROBERT L. FELDMAN FOR $100, 000 IN ACTION ENTITLED
"THE STATE OF CALIFORNIATM VS. STANDARD OIL COMPANY OF
CALIFORNIA" CIVIL ACTION #51107 UNITED STATES r~TRICT COURT
NORTHERN DISTRICT OF CALIFORNIA was adopted on motion of Councilman
Patterson, seconded by Councilman Villa and unanimously carried.
RES. 72-91 RESOLUTION 72-91 - OF THE
EDINGTON OIL CO. CITY COUNCIL OF THE CITY OF
SANTA ANA AUTHORIZING THE
MAYOR TO EXECUTE RELEASE IN FAVOR OF EDINGTON OIL CO. FOR
$100,000 IN ACTION ENTITLED "THE STATE OF CALIFORNIA VS. STANDARD
OIL COMPANY OF CALIFORNIA" ~I¥IL ACTION #51107 UNITED STATES
DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA was adopted on
motion of Councilman Patterson, seconded by Councilman Villa and
unanimously carried.
RES. 72-92 RESOLUTION 7Z-9Z OF THE CITY
CLEAN-UP PROGRAM COUNCIL OF THE CITY OF SANTA
ANA PROCLAIMING ITS INTENT TO
PARTICIPATE IN A COORDINATED CLEAN-UP PROGRAM DURING THE
MONTH OF MAY 1973 was adopted on motion of Councilman Patterson, seconded
by Councilman Yamamoto and unanimously carried.
Councilman Markel requested that the staff investigate the unsightly condition
of the property at the northeast corner of Baker and First Street and correct it.
CITY COUNCIL MINUTES -328- AUGUST gl, 197~
CLASS SPECIFICATIONS On motion of Councilman ~Patterson,
seconded by Councilman Yamamoto
with Councilman Evans dissenting,
specifications for Maintenance and Construction Man, Maintenance Leadrnan
and Custodial Foreman were approved.
POOL TABLE APPLICATION Request from Noel C. Robison for
permit to operate one pool table
at "Dillies Tavern", 2100-A South
Bristol Street, was approved on motion of Councilman Patterson, seconded by
Councilman Villa with Councilman Yamamoto dissenting.
SERVICE STATION
ENFORCEMENT P RO[~RAIVi
lng the arrival of Councilman Herrin.
The showing of the Service Station
Enforcement Program was post-
poned to the evening meeting pend-
LEAGUE OF CALIFORNIA The Mayor was named the voting
CITIES representative and Councilman
Patterson was named as alternate
to the annual conference df the League of California Cities to be held in Anaheim,
October 15-18, 1972, on motion of Councilman Markel, seconded by Councilman
Yamamoto and unanimously carried.
ORAL COMMUNICATIONS
BID CALL The Director of Public Works
FOURTH STREET SIDEWALKS stated that bids would be opened
for the re-surfacing of Fourth
Street Sidewalks (Assessment District No. Z36) on August 25, 197Z, in
response to an inquiry from Councilman Markel.
NEIGHBORHOOD COMMUNITY The Acting City Manager reported
CENTERS that one lease for a neighborhood
center had been approved and that
two others are pending; that the employees for the Centers have been selected
and will report to work on September 5 for a week's training program.
Councilman Evans expressed his concern regarding accountability procedures
for operation of the centers regarding the type of in-put, the duties of the
staff at the centers, the questions that are asked and the answers given;
and he ~ recommended maintenance of a record of the daily activities of the
Centers that would be reported to Coundil; and that such a report would
influence his decision on future neighborhood center recommendations.
Mr. Spragg stated that Mr. Caleb Taylor of the Community Relations office
would be presenting a report to the Human Relations Commission, at its
meeting of September 5, regarding the operation of the Neighborhood Centers.
SURPLUS PROPERTY A public auction for the sale of
REPORTS 7Z-Z0 AND City-owned property
7Z-Z1 described in Surplus Property
Reports 7Z-Z0 and 7Z-Z1 was
ordered to be held on September 5, 1972, at 7:30 P.M., in the Council Chamber
of the City Hall Annex, 530 North Ross Street, on the unanimously approved
n~otion of Councilman Patterson, seconded by Councilman Villa.
CITY COUNCIL MINUTES -329- AUGUST 21, 1972
RECESS At 4:45 P.M., the meeting
recessed to convene the Housing
Authority and reconvened at
4:50 P.M. The Council meeting was recessed to 7:30 P.M., at which time
the meeting reconvened with all Councilmen present. Following the Pledge
of Allegiance to the Flag, the Invocation was given by Councilman I. Ogden
Markel.
REAL PROPERTY AUCT~N
SURPLUS PROPERTY REPORT
NO. 72-Z3
Section 2-706 of the Municipal Code.
The Mayor announced the auction
sale of the property described as
Tentative Tract No. 7655 (A.P.
#140-303-11) in accordance with
He stated that Tentative Tract No.
7655 consisted of 13.75 acres of land generally situated north of Segerstrom
Avenu~eastof Raitt; and that sealed bids were not required. The Mayor
then called for an opening bid of Sz00, 000. No bid was offered and following
two more requests for a $200,000 opening bid, the Mayor announced that
the City would maintain its ownership of the property.
PUBLIC HEARING The Mayor announced that the
VARIANCE APPLICATION Applicant's, representatives,
72-45 - ARNOLD B. GASSER Hall & Foreman, Inc., had
submitted a written request,
dated August 18, for a continuance of the hearing on VA 72-45 to the
Council's next regular meeting, September 5.
The hearing was continued as requested on the unanimously carried motion
of Councilman Evans, seconded by Councilman Yamamoto.
TENTATIVE PARCEL MAP Tentative Parcel Map #761,
#761 filed by Trans Columbia
Investment was also continued
to the next regular Council meeting, September 5, on the unanimously
carried motion of Councilman Evans, seconded by Councilman Yamamoto,
inasmuch as its approval is dependent upon Council decision relative to
Variance Application 72-45.
PUBLIC HEAR~G
CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY
B~UE-WHITE CAB CO.
The Mayor opened the public
hearings to consider the
Applications filed by Blue-White
Cab Company for a Certificate
of Public Convenience and
Necessity to operate 33 taxicabs amcl~c~b Cab Co, ,*~.m.-ml~er;hl~eta2~i~at~iqabs,
in the City.
Mayor Griset explained that the hearing had been ordered by Writ of Mandate
issued by the Superior Court subsequent to challenge, by Yellow Cab Company,
of the Council action on February 7, 1972, to grant Certificates of Conx~enience
and Necessity to Blue-White Cab Co. and Quick Cab Co. to operate 15 taxicabs,
each, in the City.
The City Attorney advised Council to hear evidence, to consider the pertinent
documentation contained in the application and any other evidence presented
in support of the need and necessity for the requested Certificates.
CITY COUNCIL MINUTES -330- AUGUST 21, 1972
CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY - (Continued)
The following persons spoke in favor of the application filed by Blue-White
Cab Company:
Mr. John Murphy, Attorney representing Mr. Gordon P. Wiggins,
owner of the Company, and a member o£ the firm of Rutan and
Tucker, 401 Civic Center Drive West;
Mr. Jerry Van Houk, Santa Ana;
Ms. Gloria Sellers, employee of Blue-White Cab Co.;
Mr. Gordon Wiggins, 1001 North Logan;
Mr. Larry Ogden, employee of Blue-White Cab Co.;
Mr. Jack Shroeder;
Mr. Lawrence Reece, employee of Blue-White Cab Co.
The proponents stated that the application contains a population to cab ratio
of cities across the country which indicates that the cab service in Santa Ama
is somewhat deficient; that cocktail lounges, restaurants, hotels and motels,
all of which have a peculiar need for taxicab service, have substantially increased
in the City since 1969; that five individual letters, 27 form letters and petitions
signed by over 90 residents of the City plus 123 additional declarations signed
by Santa Ana residents who regularly use Blue-White Cab service make the
point that the Company is doing an adequate job and that their convenience
and neceszity, as a portion of the general public using taxi service, has
been served by Blue-White Cab Co. In addition, statements were made
complimenting the company's service and drivers; and that the number of
daily calls averaged 300-450.
The following persons spoke in favor of the application filed by Quick Cab
Company:
Mr. Richard Grant, employee of C and S Guided Tours,
20Z West 3rd Street;
Mr. Harvey Cole, owner of Quick Cab Co.;
Mr. Albert Caracausa, employee of Quick Cab Co.
The proponents stated that the number of daily calls received, over Z00,
prove the necessity and public convenience of the Quick Cab Company service
and submitted as proof calendar sheets for the months of May, June and
July, 1972 indicating the number of day and night shift calls received; and
that the application contained endorsements of the company's service.
The following persons spoke in opposition to both applications:
Mr. Barry Michaelson, Attorney representing Mr. Glen Gaines
owner of Yellow Cab Company;
Mr. Glen Gaines, 511 East Third Street;
Mr. Larry Gaines, 511 East Third Street;
Mr. John Morrow, 212 W. Second Street.
The opponents stated that the Judge of the Superior Court had found no
grounds on which to grant the Certificates authorized by Council at its
February 7, 197Z meeting and reference was made to Section 38-5 of the
Municipal Code; that using the City's population figure of 165, Z00 and the
fact that 48 cabs were authorizpd to operate, exclusive of Blue-Whlte
and Quick Cab Companies, that there is a ratio of population to cabs of
3441: 1. A letter from the International Taxicab Association, dated May
1Z, 1972, was presented as evidence in support of an opinion that population
CITY COUNCIL MINUTES -331- AUGUST Z1, 1972
CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY - (Continued)
cab ratio was meaningless without a study of other factors involved in the
issuance of taxicab permits. It was also stated that since the issuance of
the 30 permits in February, Yellow Cab Company has incurred losses for
the first time; that the number of Yellow taxicabs in daily operation has been
reduced from 26 or 27 to 16 per day so that in effect there has been no
increase in cab service; and that lease-cab operators loose their protection
as an employee. Petitions were filed endorsing Yellow Cab service.
In its rebuttal, the proponents stated that the population of Santa Aha including
the unincorporated area is 175, 000; that it was conceded that the population
to cab ratio is not a proven measure; that they had submitted documentation
in support of their proposition that the service offered has not been adequate
and that those factors would argue in favor of more rather than fewer cabs.
The public hearing was closed by the Mayor. The Council discussed the
content of the applications, the additional documentation presented and the
testimony given.
Mayor Griset stated that in his opinion the eizidence presented was not
conclusive in establishing the public need for additional taxicab's over and
above the 48 already authorized.
Councilman Villa stated that it is di~icult to measure necessity and convenience
because there are no criteria set forth in the ordinance.
Councilman Yamamoto stated that in his opinion the population of the City
had a definite bearing on need and convenience.
Councilman Patterson stated that in his opinion there is an advantage to
having a franchised taxi service; that competitive taxi service does not
insure good service; and that if 33 more permits are granted, the population
cab ratio would be one-half the rate of Anaheim.
Councilman I-{errin stated that he would challenge the entire procedure; that
it is not possible to ascertain the accuracy of much of the information presented;
and that he had heard nothing which has changed the situation or his decision
following the hearings in February.
The City Attorney stated that there had been no direct evidence presented that
the existing service was not adequate; and that the burden of proof is on the
applicant.
Councilman Evans stated that the fact that Yellow Cab Company was suffering
financial loss might indicate that Yellow Cab service was inadequate; and that
it would be impossible to decide whether 38 or 48 was the right number of
taxicabs.
Councilman Herrin's motion that the present service of 48 taxicabs is in-
adequate and that public convenience and necessity require additional cabs,
failed for lack of a second.
Councilman Iv[arkel's motion, seconded by Councilman Patterson, that the 48
taxicabs presently authorized represent adequate service to meet the public
need and convenience carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Markel, Patterson, Griset, Yamamoto
villa, Evans, Herrin
None
CITY COUNCIL MINUTES -332- AUGUST Z1, 1972
R EC ESS
all Councilmen present.
Council called a 5-minute
recess at 9:30 P.M. and
reconvened at 9:35 P.M., with
Councilman Markel moved that the Minutes indicate that the action taken by
the Council on the preceding Agenda item applies equally to the applications
of C and S Tours, Inc. and Gordon P. Wiggins; i. e., that there was no
proof of public need and convenience.
Mr. John Murphy, proponent in the preceding Agenda item, suggested that
in view of the difficulty in determining need and convenience, an amendment
to the Municipal Code deleting that requirement would be in order. Mayor
Griset referred tvir. Murphy to the City Attorney for further discussion of
his suggestion.
SANTA ANA POLICE The Mayor opened the public
BENEVOLENT ASSOCIATION hearing to consider the request
by the Santa Aha Police Benevolent
Association to convert to a four-day work week (10 hours per day) and to
adopt an incentive rotation plan for the Police Deparinment as part of last
year's (1971~72) salary and fringe benefit agreement.
Mr. Stephen Silver, Attorney representing the Santa Ama Police Benevolent
Association, stated that the issues had not been resolved during the 1971-72
fiscal year; and that the matters were being submitted to the Council for its
determination because no agreement has been reached with the Administrative
Staff. He stated further that the "4/10 Plan" was requested as a compensation
benefit for the patrol officers of the department and should be considered on
that premise and not necessarily on the basis of benefit to the City although
in his opinion the Plan would provide resulting benefit for the City in
improved morale and a more rested, fresh police officer upon his return to
work; and that it would provide equivalent added protection through the
implementation of a new fourth shift.
In reference to the Acting City Manager's report to Council dated August
14, 1972, Mr. Silver stated that the 4/10 Plan would not require any more
vehicles than presently used or it would be very minor in comparison with
the budget; that the cost would be outweighed by the morale factor; that
increased court time would not result; and that there would be no increase
or decrease in productivity or crime.
Mr. Silver stated that the proposed incentive-rotation plan, attached to his
letter to the City Council dated August 16, would resolve the inequitable
treatment concerning assignment pay; that the proposed plan would provide
more inducement to acquire more education; that the rotation plan would
place more experienced personnel in the patrol division and the bonus pay-
ment and creation of a new position would provide the incentive to return
to patrol duty.
The public hearing was closed by the Mayor.
Councilman Herrin moved to deny the requests to grant the "4/10 Plan" and
to approve an expanded incentive-rotation plan as part of last year's salary
and wage benefits. The motion was seconded by Councilman Patterson.
CITY COUNCIL MINUTES -333- AUGUST 21, 1972
SANTA ANA POLICE
BENEVOLENT ASSOCIATION - (Continued)
Councilman Evans stated that he thinks the morale factor is important;
that his chief concern is crime reduction and other factors that would benefit
the City, but that he will keep an open-mind for future discussion of the
subject.
Councilman Patterson stated that he was not opposed to the "4/10 Plan" but
that he would prefer postponing any decision until the new Police Chief and
City Manager have been appointed; and that the incentive plan deserves to
be reviewed.
Councilman Villa moved to amend the motion to add that denial was without
prejudice for future consideration by staff as requests for subsequent fiscal
years. Councilman Yamamoto seconded the motion to amend and it carried
on the following roll call vote:
AYES: Villa, Yamamoto,
NOES: None
ABSENT: None
Evans, Herrin, Griset, Patterson, Markel
Mr. Silver requested that the record indicate that in his opinion he had not
had enough time to present the Association's position.
Mr. Larry Nemelka, President of the Police Benevolent AssoCiation also
spoke in favor of the "4/10 Plan" and explained that the delay in presenting
the request had been due to procedural problems and the necessity for a
survey of the men's preference; that the Management had promis~ed a 4-day
work week would be implemented for patrol officers as part of last year's
meet and confer negotiations; and that many officers, relying on that promise,
had transferred back to patrol.
Mr. Silver asked that the Council continue the hearing and postpone its
decision until they are adequately informed on the matter.
Councilman Herrin's motion, seconded by Councilman Patterson to deny the
requests of the Police Benevolent Association, to grant the "4/10 Plan" and
to approve an expanded incentive-rotation plan as part of last year's salary
and wage benefits without prejudice for future consideration by staff as
requests for subsequent fiscal years, carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Patterson, Villa, Evans, Griset,
None
None
Yamamoto, Markel
PUBLIC HEARING The Mayor opened the public hearing
APPEAL NO. 308 to consider Appeal No. 308 filed by
MINOR EXCEPTION 72-13 Great Western Reclamation Co. , Inc.,
from the Zoning Administrator's
denial of Minor Exception Application 72-13, to waive required solid fence or
wall in conjunction with outdoor storage for a refuse collection business at
1800 South Grand Avenue in the M 1 District.
The Planning Direetor stated that the solid fence or wall is required as part
of the operating standards in the M 1 District; and that the applicant is proposing
to use a chain llnk fence with privacy
CITY COUNCIL MINUTES -334- AUGUST Zl, 1972
GREAT WESTERN
RECLAMA~IflN ~ ]~C, - (Continued)
Mr. Larry Gere of Floyd Weaver Engineers, representing the applicant,
spoke in favor of the Minor Exception and displayed exhibits of the office
building which will occupy the same property. He stated that the area which
will be used for vehicle parking is over 250 feet back on the property; that the
trucks to be parked there will leave early in the morning and return late in
the afternoon; and that the cost of building a block fence would be prohibitive.
Opponent Mr. William Holmes stated that he owns the property to the south
of the subject property and that he represents other property owners directly
south; and that the block fence is necessary in order to maintain the quality
and integrity of the area and to obstruct the view of any unsightly use.
A letter dated August 4, 1972 from the Santa Fe Land Improvement Company
opposed the Minor Exception on the basis that the proposed use of the property
is not its highest and best use.
The City Attorney was instructed to prepare a resolution approving Minor
Exception 72-13, subject to conditions contained in the Zoning Administrator's
report dated August 8, 1972, on motion of Councilman Herrin, seconded by
Councilman Evans and carried on the following roll call vote:
AYES: Herrin, Evans, Villa, Yamamoto
NOES: Griset, Patterson, Markel
ABSENT: None
PUBLIC HEARINGS
AMENDMENT APPLICATION
NOS. 705, 706, 707, 708, 709,
710, and 711
The Mayor stated that the public
hearings on Amendment Application
Nos. 705 through 711, inclusive
would be combined into one hearing;
that all of the Amendment Applications
had been initiated by the Planning Commission to implement Plan A of the
Warner-South Community Study.
The Planning Director reported the following:
Planning Commission Resolution No. 6004 recommended approval of Exhibit
A.A. 705-A reclassifying from the A 1 and R 1 Districts that property generally
described as that area bounded on the north by Warner Avenue; on the east by
Raitt and Wood Streets; on the south by the westerly prolongation of Segerstrom
Avenue; and on the west by Greenville Street.
Planning Commission Resolution No. 6005 recommended approval of Exhibit
A.A. 706-A, reclassifying from the A 1 District to the R 1-PRD District, that
property generally described as that area bounded on the north by Adams
Street; on the east by the Orange County Flood Control Channel; on the south
by Segerstrom Avenue; and on the west by Raitt Street.
Planning Commission Resolution No. 6006 recommended approval of Exhibit
A.A. 707-A, reclassifying from the A1 and R 1 Districts to the R 1-PRD
District that property described as that area bounded on the north by Alton
Avenue; on the east by the northerly prolongation of Bear Street; on the south
by the MacArthur Blvd. westerly prolongation; and on the west by Greenville
Street.
CITY COUNCIL MINUTES -335- AUGUST 21, 1972
AMENDMENT APPLICATION NOS.
705-711 - (Continued)
Planning Commission Resolution No. 6007, recommended approval in
accordance with Exhibit A.A. 708-A, reclassifying from the A 1 and R 1
Districts to the RI-PRD District, that property described as that area
bou~nded on the north by MacArthur Blvd.; on the east by a line parallel to
and a distance of 1282.1 feet west of the northerly prolongation of Bear Street;
on the south by the City boundary and a llne parallel to and a distance of 7Z0
feet north of the City boundary; and on the west by Greenville Street and a
line parallel to and a distance of 1Z13 feet east of Greenville Street.
Planning Commission Resolution No. 6008, recominended approval in
accordance with Exhibit A.A. 709-A, reclassifying from the A 1 and M 1
Districts to the R2-PRD District, that property described as that area
bounded on the north by Alton Avenue; on the east by Greenville Street; on
the south by the MacArthur Blvd. westerly prolongation; and on the west by
Fairview Road.
Planning Commission Resolution No. 6009, recommended approval in
accordance with Exhibit A.A. 710-A, reclassif.¥ing from the A 1 and R 1
Districts to the RZ-PRD District, that property described as that area
bounded on the north by Alton Avenue; on the east by the Orange County Flood
Control Channel; on the south by the westerly prolongation of MacArthur
Blvd.; and on the west by the northerly prolongation of Bear Street.
Planning Commission Resolution 6010, recommended approval in accordance
with Exhibit A.A. 711-A, reclassifying from the A 1 and R 1 Districts to the
C 4 District that property described as that area bounded on the north by
Alton Avenue; on the east by Bristol Street; on the south by MacArthur Blvd.
and on the west by the Orange County Flood Control Channel.
Mr. Henry Kleinbarg, 15971 Ventura, Encino, stated that his comments would
be directed to the entire area and its soil composition, which has a high peat
content. He filed a report from Jennings, Halderman and Hood, Santa Aha,
Civil Engineers, which indicated that the improvement cost per lot would be
approximately $10, 000. Mr. Kleinbarg suggested that there should be some
consideration in the development program of this general area; and that a
density of 10-12 units per acre would allow for dev,elopment Of the prope~ys
rather than the 6r2 5 d~vellimg~ii~its yielded under Ri-PRD zoning.
The report from Jennings, Halderman and Hood was received and filed on the
unanimously approved motion of Councilman Herrin, seconded by Councilman
Markel.
There were no further proponents or opponents and the public hearings were
closed by the Mayor.
ORDINANCE NS-1136 AN ORDINANCE OF THE CITY
A.A. #705 COUNCIL OF THE CITY OF SANTA
AIWA APPROVING AMENDMENT
APPLICATION #705 FILED BY SANTA ANA PLANNING COMMISSION TO
REZONE PROPERTY IN THE AREA BOUND BY WARNER AVENUE, RAITT
STREET, SEGERSTROM AND GREENVILLE STREETS, FROM THE A 1
A_ND R 1 DISTRICTS TO THE R 1-PRD DISTRICT AND AMENDING SECTIONAL
DISTRICT MAP 26-5-10, (EXHIBIT A.A. 705-A), was passed to second reading
on the unanimously approved motion of Councilman Herrin, seconded by
Councilman Patterson.
CITY COUNCIL MINUTES -336- AUGUST Z1, 1972
AMENDMENT APPLICATION NOS.
705-711 - (Continued)
ORDINANCE NS-1137 Councilman Herrin' s motion,
A.A. NO. 706 seconded by Councilman Yamamoto,
to pass the following Ordinance to
second reading was withdrawn with the consent of the second:
ORDINANCE NS-1137 AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION #706 FILED
BY SANTA ANA PLANNING COMMISSION TO REZONE PROPERTY DESCRIBED
AS THAT AREA BOUNDED ON THE NORTH BY ADAMS STREET; ON THE
EAST BY THE ORANGE COUNTY FLOOD CONTROL CHANNEL; ON THE
SOUTH BY SEGERSTROM AVENUE; AND ON THE WEST BY RAITT STREET,
FROM THE A 1 TO THE R 1-PRD DISTRICT AzNI~ AM_ENDING SECTIONAL DISTRICT
MAP Z6-5~10 (EXHIBIT A.A. 706-A)
It was moved by Councilman Herrin, seconded by Councilman Evans and
unanimously carried to continue the matter following Councilman Patterson' s
suggestion that the property should properly be re-zoned to the "O" (public
owned land) District, in accordance with the recommendation of the
Planning Department.
Mayor Griset stated that the property described in Amendment Application
No. 711 is owned by the estate of a member of his family and that he has no
interest, financial or otherwise, in it.
ORDINANCE NS-1138 AN ORDINANCE OF THE CITY
A.A. NO. 707 COUNCIL OF THE CITY OF SANTA
ANA APPROVING AMENDMENT
APPLICATION #707 FILED BY SANTA ANA PLANNING COMMISSION TO
REZONE PROPERTY GENERALLY DESCRIBED AS THAT AREA BOUNDED
ON THE NORTH BY ALTON AVENUE; ON THE EAST BY THE NORTHERLY
PROLONGATION OF BEAR STREET; ON THE sOUTH BY THE MAC ARTHUR
BOULEVARD WESTERLY PROLONGATION; AND ON THE WEST BY
GREENVILLE STREET FROM THE A 1 AND R 1 DISTRICTS TO THE RF-~PRD
DISTRICT AND AMENDING SECTIONAL DISTRICT MAPS 26-5-10, 27-5-10,
34-5-10 AND 35-5-10 (EXHIBIT A.A. 707-A), was passed to second reading
on the unanimously approved motion of Councilman Herrin, seconded by
Councilman Patterson.
ORDINANCE NS-1139 AN ORDINANCE OF THE CITY
A.A. #708 COUNCIL OF THE CITY OF SANTA
ANA APPROVING AMENDMENT
APPLICATION #708 FILED BY SANTA ANA PLANNING COMMISSION TO
REZONE PROPERTY GENERALLY DESCRIBED AS THAT AREA BOUNDED
ON THE NORTH BY MAC ARTHUR BLVD.; ON THE EAST BY A LINE
PARALLEL TO AND A DISTANCE OF 128Z. 1 FEET WEST OF THE NORTHERLY
PROLONGATION OF BEAR STREET; ON THE SOUTH BY THE CITY BOUNDARY
AND A LINE PARALLEL TO AND A DISTANCE OF 720 FEET NORTH OF THE
CITY BOUNDARY; AND ON THE WEST BY GREENVILLE STREET AND A
LINE PARALLEL TO AND A DISTANCE OF 1213 FEET EAST OF GREENVILLE
STREET FROM THE A 1 AND R 1 DISTRICT TO THE R1-PRD DISTRICT AND
AMENDING SECTIONAL DISTRICT MAPS 34-5-10 AND 35-5-10 (EXHIBIT
A.A. 708-A) was passed to second reading on the unanimously approved
motion of Councilman Herrin, seconded by Councilman Patterson.
CITY COUNCIL MINUTES -337- AUGUST 21, 1971
AMENDMENT APPLICATION NOS.
705-211 - (Continued)
ORDINANCE NS-1140 AN ORDINANCE OF THE CITY
A.A. #709 COUNCIL OF THE CITY OF SANTA
ANA APPROVING AMENDMENT
APPLICATION #709 FILED BY SANTA ANA PLANNING COMMISSION TO
REZONE PROPERTY DESCRIBED AS THAT AREA BOUNDED ON THE NORTH
BY ALTON AVENUE; ON THE EAST BY GREENVILLE STREET; ON THE
SOUTH BY THE MAC ARTHUR BLVD. WESTERLY PROLONGATION; AND
ON THE WEST BY FAIRVIEW ROAD FROM THE A 1 AND M 1 DISTRICTS TO
THE R 2-PRD DISTRICT AND AMENDING SECTIONAL DISTRICT MAPS
27-5-10 AND 34-5-10 (EXHIBIT A.A. 709-A) was passed to second reading
on the approved motion of Councilman Herrin, seconded by Councilman
Yamamoto with Councilman Evans dissenting.
ORDINANCE NS-1141 AN ORDINANCE OF THE CITY
A.A. #710 COUNCIL OF THE CITY OF SANTA
ANA APPROVING A_k4ENDMENT
APPLICATION #710 FILED BY SANTA ANA PLANNING COMMISSION TO
REZONE PROPERTY DESCRIBED AS THAT AREA BOUNDED ON THE NORTH
BY ALTON AVENUE; ON THE EAST BY THE ORANGE COUNTY FLOOD
CONTROL CHANNEL; ON THE SOUTH BY THE WESTERLY PROLONGATION
OF MAC ARTHUR BLVD.; AND ON THE WEST BY THE NORTHERLY
PROLONGATION OF BEAR STREET FROM THE A 1 AND R 1 DISTRICTS TO
THE R 2-PRD DISTRICT AND AMENDING SECTIONAL MAPS 26-5-10 AND
35-5-10 (EXHIBIT A.A. 710-A) was passed to second reading on the unanimously
approved motion of Councilman Herrin, seconded by Councilman Patterson.
ORDINANCE NS-1142 AN ORDINANCE OF THE CITY
A.A. #711 COUNCIL OF THE CITY OF SANTA
ANA APPROVING AMENDMENT
APPLICATION #711 FILED BY SANTA ANA PLANNING COMMISSION TO
REZONE PROPERTY IN THE AREA GENERALLY DESCRIBED AS THAT
AREA BOUNDED ON THE NORTH BY ALTON AVENUE; ON THE EAST BY
BRISTOL STREET; ON THE SOUTH BY lVL~C ARTHUR BOULEVARD; AND
ON THE WEST BY THE ORANGE COUNTY FLOOD CONTROL DISTRICT
CHANNEL FROM THE A 1 AND R 1 DISTRICTS TO THE C 4 DISTRICT AND
AMENDING SECTIONAL DISTRICT MAPS 26-5-10 AND 35-5-10 (EXHIBIT
A.A. 711-A) was passed to second reading on the unanimously approved
motion of Councilman Herrin, seconded by Councilman Evans.
FLOWER STREET PARK The Acting City Manager's
report dated August 17, 1972,
regarding the petition presented by
Councilman Villa at the August 7 meeting, signed by 42 residents, pertaining to
the development of the park site at Second and Flower Streets, was received
and filed on the unanimously approved motion of Councilman Patterson, seconded
by Councilman Herrin.
PROJECT 6044 Change Order #1 for Project 6044,
CHANGE ORDER #1 Construct Improvements at I~1~ ~
and Mabury Streets Adjacent to
Mabury Park, increasing in the amount of $1, 385.00, was unanimously
approved on Councilman Villa's motion, seconded by Councilman Evans.
CITY COUNCIL MINUTES -338- AUGUST 21, 1972
POLICE ATHLETIC ASSOCIATION Mrs. Juliet West, 2302 W.
LEAGUE Brook Street, stated that the
ultimate goal of the Police
Athletic Association League is to prevent crime before it starts and is for
the community youth. She requested that Council authoMize the assignment
of one police sergeant as the coordinator for this program who would
coordinate the activities of other volunteer police officers who participate
in it.
The request was referred to the Staff for report and recommendation on the
unanimously carried motion of Councilman Patterson, seconded by
Councilman Herrin.
ADJOURNMENT At ll:Z0 P.M., the meeting was
adjourned to August 26, 1972, at
9:00 A.M., in the Santa Ana
Public Library Conference Room, 502 Civic Center Drive West, primarily
for the purpose of convening an Executive Session to interview the candidates
for the City Manager position.
Florence I. Malone
Clerk of the Council
CITY COUNCIL MINUTES -339- AUGUST Zl, 1972