HomeMy WebLinkAbout11-06-1972MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA
November 6, 197Z
The meeting was called to order at 2:06 P.M. in the Council Chambers of
the City Hall Annex, 530 North Ross Street, with the following Councilmen
present: Vernon S. Evans, Wade Herrin, J. Ogden Markel, Jerry M.
Patterson, Ray villa, Marry K. Yamamoto, and Mayor Lorin Griset. Also
present were City Manager Bruce C. Spragg, City Attorney James A.
Withers, Acting Director of Planning Charles C. Zimmerman, Director of
Public Works Ronald Wolford, and Clerk of the Council Florence I. Malone.
MINUTES The Minutes of the Regular Meeting
and the Adjourned Regular Meeting
of October 16, 1972 were approved
as submitted on motion of Councilman Yamamoto, seconded by Councilman Evans,
and unanimously carried.
EXECUTIVE SESSION
an appointment to the Library Board.
Council recessed to an Executive
Session at 2:10 P.M., to consider
Personnel matters pertaining to
The meeting reconvened at 2:45 P. M., with all Councilmen present.
APPOINTMENT TO
LIBRARY BOARD
Kohl was appointed to the Library Board.
On motion of Councilman Evans,
seconded by Councilman Patterson,
and unanimously carried, Robert
CONSENT CALENDAR The following Agenda items were
removed from the Consent Calendar:
Items 3A and 9B requested by
Councilman Herrin, and Items 5B and 7B requested by Councilman Markel.
On motion of Councilman Herrin, seconded by Councilman Evans, 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 6073 - Re-surface and re-stripe double
asphaltic concrete tennis court in Memorial Park;
opening date December 6, 1972 at 2:00 P.M.
SPEC. 72-024 - 36,000 feet of Fire Alarm Cable
of two twisted pairs of #16 gauge, solid AWG copper
conductors, and two single #12 solid AWG copper
conductors, and 6,000 feet of Fire Alarm Cable of
six twisted pairs of #16 gauge, solid AWG
conductors and three single #12 solid AWG copper
conductors.
CITY COUNCIL MINUTES
407
NOVEMBER 6, 1972
BID AWARDS
Awarded contracts as follows
on the basis of lowest, best
and mo st re sponsible bidder:
PROSECT 6062 - Construct ballfield lighting at Valley
High School; awarded contract to McCaln Construction
Co., Inc., Placentia.
PROJECT 6072 - Slurry sealing in Alona, Rostra, Jerome,
Madison, Adams and Prentice Parks; awarded contract
to Flex-Paving & Engineering, Inc., Tustin.
PROJECT 7013 A - Construct Audio, Video and Vote
Tally Systems in Council Chambers area of new City
Hall; awarded contract to L. A. King Company, Long
Beach, and the Singer Company, Westlake Village.
SPEC. 72-011 - l~Dving of all Departments into new City
Hall; awarded contract to Republic Van & Storage of
Orange County, Inc., Irvine.
SPEC. 72-012 - Five (5) each 4 door Sedans with 116"
wheelbase; awarded contract to Anaheim American,
Anaheim.
SPEC. 72-013 - One (1) 4 door Sedan with 118" wheelbase;
awarded contract to Anaheim American, Anaheim.
SPEC. 72-014 - Fifteen (15) or more, 4 door Police
Sedans; 13 or more Patrol Units; 2 or more Plain
Units; awarded contract to La Habra Dodge, Inc., La
Habra.
SPEC. 72-015 - One (1) E1 Camino or Ranchero type
(4500 GVW) Pickup; awarded contract to Guaranty
Chevrolet Motors, Inc., Santa Aha.
SPEC. 72-016 - Five (5) each half ton (5000 GVW)
Pickups; 4 stepside models; 1 cab and chassis; awarded
contract to Santa Aha Dodge, Inc., Santa Aha.
SPEC. 72-017 - Five (5) each one ton (10,000 GVW)
Cab and Chassis; 4 with 159" wheelbase and 84" Cab to
Axle; 1 with 135" wheelbase and 60" Cab to Axle;
awarded contract to Santa Aha Dodge, Inc., Santa Ana.
SPEC. 72-018 - One (1) two ton (20,000 GVW) Cab and
Chassis; awarded contract to Santa Aha Dodge, Inc.,
Santa Anao
SPEC. 723-104 - Annual Periodical Requirements for
Library; awarded contract to West Coast Organization
Plan, Inc. , San Bernardino.
CITY COUNCIL MINUTES
408
NOVEMBER 6, 1972
AGREEMENTS
Approved and authorized
the Mayor and Clerk to execute
the following agreements:
POPULATION ESTIMATE - Agreement between the
City and the Department of Finance of the State of
California, for Annual Population Estimate°
PRISONER TRANSPORTATION - Agreement between
the City and William L. Main, Inco, doing business as
Security Transport, for transportation of prisoners.
CHRISTMAS PARADE - Agreement between the City
and the Santa A_ua Junior Chamber of Commerce for
the annual Christmas Parade°
TRAFFIC Received and ordered filed
report of control devices
removed or installed
October 11, 1972 through October 30, 1972, inclusive.
ALCOHOLIC BEVERAGE
LICENSE APPLICATIONS
Received and ordered filed
the following Alcoholic
Beverage License Applications:
KEARSTAN, INC. , 811 North Broadway, Person to
Person Transfer, On Sale General (Bona Fide Eating
Place).
SADDLEBACK INN, INC. , 1650 East First Street,
Premise to Premise Transfer, On Sale General.
SOLICITATION APPLICATION
Approved the following
solicitation application:
THE SALVATION ARMY, voluntary donations - street
kettles, to provide Christmas food, toys, small gifts
for needy families, shut-ins, and the elderly; from
November 24 to December 23, 1972.
MINOR EXCEPTIONS AND
VAi{IANCES
Received and ordered filed
the following application:
MINOR EXCEPTION 72-20, A. WOLFGANG SKOPNIK -
to allow an existing building addition which has a rear
setback of 8' at 1426 South Rita Way; APPROVED.
PUBLIC PROPERTY USE Approved the following Applica-
tion for Special License to Use
Public Property subject to
slight route change recommended in staff' s report dated October 27, 1972:
SANTA ANA COLLEGE HIGH PERFORMANCE CLUB,
parade procession along Bristol from 17th Street to
Civic Center Drive and east on Civic Center Drive to
the Santa Aha Bowl, to kick off the homecoming celebra-
tion and football game; on November il, 1972 between
6:00 and 7:00 P.M.
CITY COUNCIL MINUTES 409
NOVEMBER 6, 1972
PUBLIC PROPERTY USE - Continued
Approved the following Application for Special License to use
Public Property:
SANTA ANA 3UNIOR CHAMBER OF COMMERCE,
parade form,%ion on Civic Center Drive between
Bristol and Bzoadway, procession along Broadway
to Sixth, along Sixth to Main, along Main to
McFadden, Santa Aha Annual Frolic Christmas
Parade; on December 3, 1972 between 3:00 and
5:00 P.M.
DEEDS, NO CASH Received and ordered filed
GRANTEE, CITY a report of No-Cash Deeds
accepted by the City Manager,
pursuant to Resolution #69-156, from October 12, 1972 through
November 1, 1972, inclusive.
DEEDS, NO CASH
GRANTOR, CITY
Approved the following deeds
and authorized th~ r execution
by the Mayor and Clerk:
VARIOUS OWNEKS OF RECORD, west side of Newhope,
south of Westminster, vehicular access rights.
VARIOUS OWNERS OF RECORD, west side of Grand,
south of Pomona, vehicular access rights.
TENTATIVE PARCEL MAPS Approved the following maps,
subject to conditions contained
in the Planning Director's
report and waived the alley requirement for both:
TENTATIVE PARCEL MAP #773 - Filed by Santa Crown
Properties creating two (Z) Mlparcels. Proposed parcel
#1 is to be used for existing furniture store and parcel
#2 is to be used for industrial uses. Said parcels are
generally located on the northwest corner of Otis Street
and Warner Avenue.
TENTATIVE PAt~CEL MAP #774 - Filed by Mariners
Savings and Loan Association creating six (6) M1 parcels
to be used for industrial uses in conformance with M1
District, located generally on the west side of Grand
Avenue, 1218 feet south of Edinger Avenue.
FINAL TRACT MAP Approved the final map,
accepted the dedications
thereon, and the bonds, and
authorized execution of the sub~]i~ vision agreement, on the following:
MAP#7094 - South side of Hazard Avenue, West of
Euclid Street, twenty-two (22) lots.
CITY COUNCIL MINUTES 410 NOVEMBER 6, 1972
REIIViBURS EMENT Authorized the following
reimbursement:
RUSS ELL JAY, for improvements on North side of
First Street from 1391 feet to 1651 feet east of Euclid
Street in exchange for ultimate dedication, CUP 72-1,
in the amount of $2,812.00.
SURPLUS PROPERTY Set for public auction at
7:30 P. 1Vio, on December 4,
1972, in the City Hall
Annex, 530 No Ross Street, for the sale of the following property
with a minimum sales price of $15,100o 00:
Surplus Property Report #72-27, property located
on north side of Fifth Street, east side of Ross Street.
** * * * * * CONSENT CALENDAR FINIS * * * * * * *
AGREEMENT On motion of Councilman
Yamamoto, seconded by
Councilman Patterson, with
Councilman Herrin voting NO, Council approved and authorized the
Mayor and Clerk to execute the Lease Agreement between the City and
Delhi Organization for community center located at 542 E. Central Avenue.
ALCOHOLIC BEVERAGE On motion of Councilman
LICENSE APPLICATION Herrin, seconded by Councilman
Patterson, and unanimously
carried, Council received and ordered filed the following application:
JIMENEZ, Ricardo R., 304 East 4th Street, Intercounty
Transfer Fee, On Sale General (Bona Fide Public Eating
Place).
VA 72-71 Variance Application 72-71,
VELMA LEE GRANT filed by Velma Lee Grant,
to waive the required parking
for an existing rest home which accommodates 10 persons, at 435 South
Broadway, approved by the Planning Commission, was received and
ordered filed on motion of Councilman Yamamoto, seconded by Councilman
Patterson, with Councilmen Markel, Evans and Herrin voting NO.
DEEDS WITH CASH Councilman Herrin disqualified
GRANTEE, CITY himself from participating in
the consideration of this item
due to a conflict of interest and absented himself from the platform. On
motion of Councilman Patterson, seconded by Councilman Yamamoto, and
carrying on a 6-0 vote, Council approved the following deeds and authorized
the Mayor to sign all necessary documents in connection with the purchase:
ATLANTIC RICHFIELD COMPANY, south side of
Seventeenth, west of Broadway, street purposes.
TOWNSEND, northwest corner of Fifth and Mortimer,
street purposes°
CITY COUNCIL MINUTES 411 NOVEMBER 6, 1972
READING WAIVED On motion of Councilman
Patterson, 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-1143 AN ORDINANCE OF THE
AMENDING MUNICIPAL CODE CITY COUNCIL OF THE
CITY OF SANTA ANA
AMENDING, ADDING TO. AND REPEALING PORTIONS OF CHAPTER 33,
SECTION 33-47 OF THE SANTA ANA MUNICIPAL CODE was passed to
second reading on motion of Councilman Evans, seconded by Councilman
Patterson, and unanimously carried.
ORD. NS-1145 AN ORDINANCE OF THE
A. Ao #713 CITY COUNCIL OF THE
DANIEL W. HEAD CITY OF SANTA ANA
APPROVING AlVIENDMENT
APPLICATION #713 FILED BY DANIEL W. HEAD TO REZONE PROPERTY
IN THE AREA GENERALLY DESCRIBED AS THAT AREA ON THE SOUTH
SIDE OF FIRST STREET BETWEEN EUCLID AND COOPER STREETS FROM
THE R 1 AND C 1 DISTRICTS TO THE C 5 DISTRICT AND AMENDING
SECTIONAL DISTRICT MAP 17-5-10 (EXHIBIT AoA. 713-B)was adopted
on motion of Councilman Evans, seconded by Councilman Yamamoto, and
carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Evans, Yamamoto, Villa, Herrin, Griset, Patterson,
Markel
None
None
ORD. NS-1146 AN ORDINANCE OF THE
AoA. #706 CITY COUNCIL OF THE
CITY OF SANTA ANA
APPROVING AlViENDMENT APPLICATION #706 was adopted on motion
of Councilman Evans, seconded by Councilman Yamamoto, and carried
on the following roll call vote:
AYES: Evans,
Markel
NOES: None
ABSENT: None
Yamamoto, Villa, Herrin, Griset, Patterson,
ORD. NS-1144 AN ORDINANCE OF THE
UNIFORM FIRE CODE CITY COUNCIL OF THE
CITY OF SANTA ANA
RENUMBERING, AMENDING AND ADDING TO, PORTIONS OF CHAPTER
14 OF THE SANTA ANA MUNICIPAL CODE FOR THE PURPOSE OF
ADOPTING A!~ENDMENTS TO THE 1971 EDITION OF THE UNIFORM
FIRE CODE was adopted on motion of Councilman Evans~ seconded by
Councilman Patterson, and carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Evans, Patterson, Villa, Herrin, Griset, Markel
Yamamoto
Hone
CITY COUNCIL MINUTES 41Z
NOVEMBER 6, 197Z
ORD. NS-1147 AN ORDINANCE OF THE CITY
BUILDING CODES COUNCIL OF THE CITY OF
SANTA ANA RENUMBERING,
AMENDING AND ADDING TO AND REPEALING PORTIONS OF CHAPTER 8
OF THE SANTA ANA MUNICIPAL CODE FOR THE PURPOSE OF ADOPTING
AMENDMENTS TO THE 197 0 EDITIONS OF THE UNIFORM BUILDI/~G CODE,
HOUSING CODE, UNiFORM MECHANICAL CODE, AND THE UNIFORM
PLUMBING CODE was adopted on motion of Councilman Evans, seconded by
Councilman Patterson, and carried on the following roil call vote:
AYES: Evans, Patterson, Villa, Herrin, Griset, Yarnamoto, Markel
NOES: None
ABSENT: None
ORD. NS-1148 AN ORDINANCE OF THE CITY
DANGEROUS BUILDINGS COUNCIL OF THE CITY OF
SANTA ANA ADDING TO
CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE BY ADOPTING VOLUME
IV OF THE UNIFORM BUILDING CODE, DANGEROUS BUILDINGS 1970 EDI-
TION was passed to second reading on motion of Councilman Evans, seconded
by Councilman Patterson~ with Councilman Markel voting NO.
RECESS At 3:15 P.M., a recess was
declared. The meeting
reconvened at 3:30 Po M. with the same Councilmen present.
CITY CENTER ASSOCIATION Billy Hill, representing the
BUILDING MAINTENANCE City Center Association,
requested that Council also
give some consideration to adoption of an ordinance that would ensure the
maintenance of the appearance of building.
Council, by unanimous informal agreement, requested staff to research the
methods of requiring property owners to maintain their buildings' appearance
in a manner similar to the weed abatement procedure and to report its findings.
WHEELCHAIR Mr. James M. Worth, Jr.,
BASKETBALL TEAM Team Representative of the
Santa Ana Raiders, a recently
formed wheelchair basketball team, spoke on behalf of the team and
requested financial support from the City to purchase equipment and for
transportation costs. He inquired as to whether the City had any budget
for "adaptive recreation" from which these funds might come.
Councilman Markel stated that he would vote against any financial support
for the team, however, suggested that support might be given in other areas
such as providing the team with a place to playo
Councilman Herrin stated that he felt it might be difficult to draw the line
on future requests if financial support were given to the team.
Mayor Griset stated that he didn't knowwhat the legal ramifications would be
if the City were to become involved in a sponsorship of the team, however,
that he was sure the Council wanted to do whatever they could to help, and
he requested staff to determine what pos slbilities existed for aiding the team.
CITY COUNCIL MINUTES 413
NOVEMBER 6, 1972
RES. 72-114 RESOLUTION 72-114
SALARY RANGE AMENDING SECTION 3 OF
ADJUSTMENT RESOLUTION NO. 58-281 TO
ADJUST THE SALARY RANGE
NUMBER FOR THE CLASS OF COMMUNICATIONS OPERATOR was
adopted on motion of Councilman Yamamoto, seconded by Councilman
Patterson, and unanimously carried.
LEAGUE OF Council considered the letter
CALIFORNIA CITIES dated October 18, 1972, from
Everett Winters, Planning
Conn~-nissioner, stating his opposition to partisan politics displayed at
the League of California Cities' 74th Annual Conference° Councilman
Villa's motion to forward a copy of the letter to the League of Cities with
the request that they advise speakers at future conferences to refrain
from partisan politics, was seconded by Councilman Markel and carried
with Councilman Evans voting NO.
ALCOHOLIC BEVERAGE CONTROL The City Attorney was
PROTEST WITHDRAWAL instructed to withdraw the
protest ordered on March 20,
1972 on the Alcoholic Beverage License Application of the Clubhouse Bar,
272Z F and 27Z2 G North Main Street, in accordance with a Police Depart-
ment recommendation, on motion of Councilman Herrin, seconded by
Councilman Markel and carried with Councilman Yamamoto voting NO.
CITY HALL Council considered the staff
BRONZE PLAQUES report dated October 26, 1972,
regarding the bronze plaques
located near the entrance to the Main Street City Hall. The plaques were
ordered given to Bowers Memorial Museum on motion of Councilman Evans,
seconded by Councilman Herrin and carried with Councilman Patterson
voting NO.
Prior to voting, Councilman Patterson stated that he would like to see the
plaques placed somewhere in the New City Hall.
FIRE SERVICE FOR Council considered the staff
SOUTH COAST PLAZA report dated November 1, 1972
regarding the Automatic Inter-
connection between Costa Mesa County Water District and Santa Aha Water
System, and the City Attorney was instructed to prepare agreements for
the interconnection on motion of Councilman Villa, seconded by Councilman
Herrin and unanimously carried.
SUMMARY OF COUNCIL The Summary of Council
REFERRALS Referrals dated Novemb er 6,
1972, containing a list of
pending action items referred to staff by Council was received and ordered
filed by informal unanimous approval.
ORAL COMMUNICATIONS
Euclid Streets.
Councilman Villa inquired
as to the status of the report
on the problems at 16th and
In response, the Director of Public Works stated that the report would be
available Within a few days.
CITY COUNCIL MINUTES 414
NOVEMBER 6, 1972
ORAL COMMUNICATIONS - Continued
Councilman Villa moved that a petition involving that intersection from
residents in the area be received and ordered filed; the motion was
seconded by Councilman Evans and unanimously carried.
Councilman Villa stated that he has heard many complaints concerning
the poor lighting at the intersection of 4th and Lacy; that a child had
been struck by an automobile a few days earlier and that a petition was
being circulated among residents and businessmen in the area for an
improvement of the situation.
Councilman Markel stated that he had noticed in the Newsletter ~7 that
the Fire Department would begin making inspections of yards and private
property and that he was opposed to these inspections in that he regarded
it as an invasion of privacy.
Councilman Yamamoto stated that if there were a fire hazard in his own
yard or a neighbor' s yard he would want to know about ito
Councilman Herrin stated that he believed the inspections would be on a
voluntary basis, and the staff confirmed that this was the case.
Councilman Markel inquired as to why Councilman Villa's name had not
been on the printed arguments for Propositions A, B and C for the
Special Municipal Election. It was explained that the names were listed
alphabetically and that where Councilman Villa's name had been omitted,
it was because of lack of space.
Councilman Yamamoto stated that when listing Councilmen's names
alphabetically, he felt it should be done backwards.
RECESS At 4:30 P.M., the meeting
was recessed to 7:30 P.M.
Immediately following the
announcement of recess, the Fire Department's film on fire prevention
was sho~n. The meeting was reconvened at 7:30 P.M. with all Council
members present. Following the Pledge of Allegiance to the Flag, the
Invocation was given by Councilman Yamarnoto.
SPECIAL ORDERS OF THE DAY The Mayor presented a
Certificate of Appreciation
to Harold Gosse, Jr., in
recognition of his service to the City as a member of the Personnel Board.
The Mayor presented a City Emblem Plaque to Hector Godinez, in
recognition of his service to the City as amember of the Library Board.
PLANNING COMMISSION Mr° Waldo Haug, Chairman
ANNUAL REPORT of the Planning Commission,
presented to Council the
1971-1972 Annual Report of the Planning Commission. Also present were
Planning Commissioners Jack O'Dell, Alex Acevedo, Jean Ankrum,
Everett Winters and Harold Gosse, Jr. Mr. Haug spoke briefly on certain
highlights of the report, and stated that the Planning Commission's goals
and objectives were broken down into four categories: 1) Annual,
CITY COUNCIL MINUTES 415
NOVEMBER 6, 197Z
PLANNING COMMISSION ANNUAL REPORT - Continued
2) Short-range, 3) Non-immediate, and 4) Continuing. He stated that they
have fully accepted the responsibilities of these goals; and that they would
welcome from Council or citizens anything that should be added to the pro-
gram. He pointed out that there has been significant development in the
past year with development of five major shopping centers, five housing
developments with major impact and several zoning ordinances that have
been adopted by Council°
The Annual Report of the Planning Commission was received and filed by
unanimous informal consent.
LIBRARY BOARD Robert C. Kohl was sworn in
as a member of the Library
Board by the Clerk of the
Council, and received congratulations from Council.
PUBLIC HEARING
LOCAL BUS ROUTES
the Orange County Transit District.
The Mayor opened the public
hearing on the changes in the
local bus routes proposed by
The City Manager stated that staff had reviewed the proposed changes from
a traffic/safety standpoint as well as from a service standpoint, and had
concluded that they represented an extension to, and improvement of, the
existing basic routes.
The Clerk reported no written communications had been received. Dr.
Peter Fielding, General Manager of Orange County Transit District,
stated that a great deal had taken place since they had joined with the
City of Santa Aha in developing a transportation system for Orange County;
that Orange County Transit District had taken over the South Coast
Transit Service, increased scheduling, brought in new equipment and
decreased fares; that they expect delivery of nine new buses in December;
and on the basis of this progress, seek Council approval°
Mr. Tom Albert, Bus Operations Analyst for Orange County Transit
District, showed slides and explained the realignment of routes. He
stated that several routes will operate via Third and Fifth Streets instead
of First and Second providing better access to the dov~ntown area; that
there will be no decrease in parking spaces from bus stops and that there
will be service to th~ Country Medical Center viaThe City; that they pro-
pose serving four corridors in the southerly section of the City instead
of three by providing another line going down Main Street to MacArthur.
There were no further proponents or opponents, and the Mayor closed the
public hearing.
Councilman Yarnamoto stated that he recalled a promise to improve the
area west of Harbor and had not seen any improvement in that area; that
there were many low-income families in that area that needed the ser-
vice. Councilman Patterson concurred°
Dro Fielding stated that they were aware of the City Council feeling on
that issue, and that the area mentioned had been included in their opera-
tion bus needs survey, and that as soon as they got their next increment
of buses, that intercommunity, county-wide routes would go into effect.
CITY COUNCIL MINUTES 416
NOVEMBER 6, 197Z
PUBLIC HEARING LOCAL BUS ROUTES - Continued
Councilman Herrin' s motion that Council adopt the proposed changes in
local bus routes as submitted was seconded by Councilman Patterson,
and carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Patterson, Villa, Evans, Griset, Yamarnoto,
Markel
None
None
Following the vote, Councilman Markel inquired about revenues, and
Dr. Fielding stated that he didn't have the exact figures with him, but
that patronage was up each month 30 to 40~o, and that passengers may
now have free transfer for any child under 12 accompanying a fare-paying
passenger, encouraging young mothers to go shopping with their children.
AGENDA ORDER Councilman Patterson re-
quested that items 73 and
75 be considered out of
order, and after polling the audience to determine the number interested
in each item, Agenda items 71 through 75 were considered in reverse
order.
PUBLIC HEARING
APPEAL #309
MINOR EXCEPTION 7Z-Z1
LEE HASENJAEGER AND
JOHN CONLEY
The Mayor opened the public
hearing on Appeal #309 filed
by Lee Hasenjaeger and John
Conley appealing Planning
condition #7, continuous
operation as a bona fide
eating establishment, on MINOR EXCEPTION 72-21 to allow a cocktail
lounge in an existing shopping center within 300' of an R 4 District, at
Z370 D North Tustin Avenue.
The Acting Planning Director stated that it has been standard administra-
tive procedure to impose the condition of a bona fide restaurant operation,
as . defined by the Alcohollc Beverage Control Act, when a Minor Excep-
tion (formerly Conditional Use Permit) is required due to the proximity
of the cocktail lounge to residential districts°
Councilman Patterson inquired as to the uses of adjacent buildings.
Mr. Conley stated that there was no building on either side of the proposed
location°
There were no other proponents or opponents and the Mayor closed the
public hearing°
Councilman Yamamoto stated that he felt the ordinance should be upheld;
that the proposed establishment would not be of any value to residents,
the shopping center, or the City of Santa Anao
Councilman Markel inquired as to how many people had been at the
Planning Commission hearing.
The Acting Planning Director stated that no one had appeared at the hear-
lng although four property owners had been notified°
CITY COUNCIL MINUTES 417
NOVEMBER 6, 197Z
PUBLIC HEARING APPEAL #309 - Continued
Councilman Patterson expressed concern about the fact that only the
registered property owners had been notified of the hearings in that he
felt that the actual residents (renters) within 300' should be notified
and given a chance to register their opinions.
Councilman Yarnamotu's motion to deny the appeal was seconded by
Mayor Grlset, and failed to carry on the following roll call vote:
AYES: Yamamoto, Griset, Patterson
NOES: Villa, Evans, Herrin, Markel
ABSENT: None
Councilman Herrin' s motion to grant the appeal and instruct the City
Attorney to prepare a Resolution approving MINOR EXCEPTION #72-21
with the following modifications: Delete Planning Condition #7,
continuous operation as a bona fide eating establishment, was seconded
by Councilman Villa; and carried on the following roll call vote:
AYES: Herrin, Villa, Evans, Markel
NOES: Griset, Yamamoto, Patterson
ABSENT: None
Prior to voting, Councilman Villa stated that he was against the motion
and that the ordinance involved had been adopted to discourage topless
and hottornless bars.
Councilman Yamamoto stated that many of the beer bars that opened
as plain beer bars are now topless and bottomless; that there was no
way of knowing how this particular establishment would be operated in
the future or how the residents feel about the establishments.
Councilman Herrin stated he could not support the motion in that a
person cannot be denied the opportunity to operate a business legally
within the rules set by the Alcoholic Beverage Control Board except
where it is related to topless and bottomless activity.
Mr. Conley stated that the proposed establishment would be only a
cockta/1 lounge and that toppless-bottornless activity would not be
toleratedo
Councilman Patterson stated that he felt that many people are concerned
not just about topless-bottomless activity, but the fact that an establish-
ment providing only alcoholic beverages will sO2aetimes have customers
leaving at closing time, making ~ lot of noise and disturbing residents
who live nearby; and that those persons involved had not received actual
notice of the hearings°
APPLICATION TO OPERATE The Mayor opened the public
A TAXICAB - WILLIAM DAWES hearing on the appeal filed
by William Dawes from the
Police Chief's revocation of his permit to operate a taxicab in the City.
The Clerk reported no written communications had been received.
CITY COUNCIL MINUTES 418 NOVEMBER 6, 1972
APPLICATION TO OPERATE A TAD(ICAB - Continued
Mr. William Dawes, 500 West Third, stated that taxicab driving was
his present means of livelihood and that one of the violations on his
record would be over two years old the following month which would
leave five until the following year.
Councilman Evans stated that he would, support a motion to re-issue
the driver's permit, however, he expressed concern over repeated
failure of applicants to list all of their violations on their applications
for permit to operate a taxicab. Pie suggested that perhaps the appli-
cation form needed revision to impress upon the applicant the importance
of proper completion.
Councilman Villa stated that he believed that it was common for people
to forget violations they had received during the previous three-year
period; and that a person who makes his living as a driver is exposed
to more opportunity for citation.
Councilman Yamamoto stated that he could not go along with a person
forgetting what citations he had received.
Councilman Patterson stated that he felt that all violations should be
listed by the applicant.
Mayor Griset stated that he would not want to stake his reputation on
remembering the exact number of citations he had received in the
last two years.
Comuc~lman Patterson' s motion to overrule the action of the Police Chief
and instruct him to re-issue to William Dawes his permit to operate a
taxicab, subject to revocation if additional moving violations are incurred
within a subsequent two-year period, was seconded by Councilman Markel
and carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Markel, Villa, Evans, Herrin, Griset
Y arnamoto
None
RECESS
all Councilmen present.
At 8:55 P.M., a recess
was declared. The Council
reconvened at 9:05 P.M. with
PUBLIC HEARING
AMENDMENT TO RESOLUTION
#71-53, CUP #71-12
MT. SADDLEBACK ACADEMY
The Mayor opened the public
hearing on the proposed amend-
ment to Resolution #71-53
adopted by Council on June 7,
1971 which implemented CUP
#71-12, to delete therefrom the provision restricting students' exercise or
recreational activities to the interior of the building, at Mount Saddleback
Academy, a private school, located at 502 South Ross Street°
The Acting Planning Director stated that the application for a Conditional
Use Permit had been considered on April 26, 1971, and had been denied in
a close vote by the Planning Commission, that Council had approved the
Permit on appeal with the indoor recreation restriction.
CITY COUNCIL MINUTES 419
NOVEMBER 6, 1972
PUBLIC HEARING AMENDMENT TO RESOLUTION #71-53 - Continued
The Clerk reported no written communications had been received.
The following persons spoke in favor of the amendment:
Dr. Heal de Gaston, Director of Mt. Saddleback Academy
Samuel H. Sherry, Moderator of the Church of the Brethren,
502 S. Ross Street
Phyllis Barrett, 10571Meads~ Orange
W. A. Simmons, 1209 South Huron Drive
Vivian Solomon, 2000 Rolling Hills Drive, Fullerton
Phyllis Martin, 1605 South Hickory
Joyce Davis, 8Z1 South Ross Street
Elaine Whitsitt, 1610 West 9th Street
Dr. de Gaston presented a map of the premises and stated that the school
would like to make use of the parking lots for outdoor recreation for the
students; that outdoor recreation, sunshine, exercise and fresh air, and
a'break frbl~ the routines of the day werehighly desirab~le to Mt. Saddle-
back Academy as part of their entire program; that Santa Aha High School's
athletic field lies immediately to the North of their school which consists
of an outdoor play area for some 2,000 students, and that the Santa Aha High
School Band marches along Camile; that the opposition has had a running
feud with the church for a number of years; that there have been times when
non-Mt. Saddleback Academy students have dumped trash on neighbors'
yards; at times neighborhood children play in the school yard; that they do
not want to be blamed for the activities of unsupervised children; that if
amendment is granted, the church will provide fencing; that they require
highest standards of behavior from their students; that outdoor recreation
will make the school attractive to more people; that they pay taxes on the
building; that every student in their school is a burden removed from
property taxes; that they presently have 35 students consisting of 9 in
kindergarten, 10 in grades 1 through 3, and balance in grades 4 through 8,
but they hope to utilize the full 100 spaces available; and that approximately
20 of the 35 students reside within Santa Aha.
Mr. Sherry stated that the Harrison School which had originally applied for
the Conditional Use Permit had a different method of education and it was
for this reason that Mr~ Harrison had agreed to the restriction regarding
outdoor recreation; that Mt. Saddleback Academy pays rent to the church
for the premises.
The other proponents stated that the community where Mt. Saddleback
Academy is located is a school-oriented area and generally concurred
with Dr. de Gaston.
The following persons sopke in opposition to the amendment:
Mrs. Jesse Backer, 512 S. Van Ness, stated that the Planning Commission
had found that there was no suitable place for a play area at the school;
that the property was not zoned for a school; that she had previously cir-
culated a petition opposing outdoor recreation; that it was no place for a
school of any kind because children were in danger there; that since
October 9, children have been in and out of the back door before 9:00 A.M.
running and yelling and in the alley between parked cars in the parking lot
while the teachers have remained inside; that the neighborhood has always been
CITY COUNCIL MINUTES 420
NOVEMBER 6, 197Z
PUBLIC HEARING A~ENDMENT TO RESOLUTION #71-53 - Continued
an area of older people--many retired; that there is a boarding home for
elderly ladies at 517 S. Ross; that her mother has paid taxes in that neigh-
borhood for 43 years; that she owns 3 houses and a duplex and her tenants
are middleaged and some retired, who have rented for Z, 3, 5½ and 6 years;
and that she will not be able to keep tenants if the amendment is granted.
Mrs. Smith, 512 W. Camile, stated that she was not against school or
children; that when she was approached to sign a petition favoring the amend-
ment she was asked if she was opposed to putting a fence up there, and she
was not opposed~o that; that her fence has been repaired many times from
damage by children; that children run through breezeway and parking area
within 15 feet of her kitchen door; and that she would not consider moving
from her residence°
Mr. John Crok, 514 So Ross, stated that he was the closest resident to the
church; that he did not object to the outdoor recreation, however, he did not
feel there was room for 100 children.
Mr. Sherry stated that the rent that the church receives from the school
only covers the cost of lights, gas and other utilities. In rebuttal to the
charges of the building being unsafe, he stated that the building had had all
necessary inspections by the City and had been approved.
Mrs. Backer stated that she had not questioned the safety of the interior
of the building; that the school was a nuisance in the neighborhood for older
people; that everyone loved the band, but the sound of 35 or more children
screaming at your backdoor was different; and that it wasn't fair to older
people who have lived in peace and quiet.
Dr. de Gaston stated that he was shocked at some of the testimony that
had been given; that it had not been their students making the noise in
the majority of cases; that their students were not allowed to run around
along Camile Street; and that recesses are 10 minutes two times a day and
lunch is Z5 minutes.
There were no additional proponents or opponents and the hearing was closed
by the Mayor.
Councilman Herrin's motion to grant the amendment to Resolution No. 71-53
to allow outdoor recreation with the proviso that recess period be limited
to 30 minutes per day, excluding lunch, seconded by Councilman Villa,
failed on the following roll call vote:
AYES: Herrin, Villa, Griset
NOES: Evans, Yamamoto, Patterson, Markel
ABSENT: None
Councilman Yamamoto's motion to grant the amendment to Resolution No.
71-53 to allow outdoor recreation subject to a 30-minute recess per day,
excluding lunch, with a maximum of 50 students on recess at one time,
seconded by Mayor Griset, carried on the following roll call vote:
AYES: Yamamoto, Griset, Villa, Herrin, Patterson
NOES: Evans, Markel
ABSENT: None
CITY COUNCIL MINUTES 4Zl
NOVEMBER 6, 197Z
RECESS
10:25 P.M.,
with all Councilmen present.
At 10:15 P.M. a recess
was declared by the Mayor.
Council reconvened at
PUBLIC HEARING
CERTIFICATES OF
CONVENIENCE AND NECESSITY
TO OPERATE TAXICABS
The Mayor announced that
applications for Certificates
of Convenience to operate 33
taxicabs and Z0 taxicabs in
the City had been filed by
Gordon P. Wiggins dba Blue-White Cab Company and Harvey S. Cole dba
Quick Cab Company, respectively, and that this was the time and place for
the public hearings to consider the applications. The Mayor summarized
the events preceding the filing of the applications under consideration.
Councilman Patterson's motion to combine the two hearings with regard to
the question of public convenience and necessity was seconded by Councilman
Herrin and unanimously carried.
The Mayor opened the public hearings on the matter of public convenience
and necessity for consideration of the applications filed by both companies.
The following persons spoke in favor of granting the Certificate to Blue-
White Cab Company:
Charles Schlegel, Attorney, 433 Civic Center Drive West,
representing the applicant, Gordon P. Wiggins
Jim Gniste, 1409 W. Walnut, Apartment Z
Mrs. A. C. Conway, 817 North Par/on, Apt. 6
Carl Giaconelli, 3Z1 E. 17th Street
Haydee Reichenshammer, 727 S. Lyon St., Apt. ZZ8
Roddy McCaslin, no address given
Rose Powell, 2601 N. Grand, Apt. 115
Janet Morse, 710 S. Townsend, Apt. 5
Kathe Io Hatrick, 2054 S. Halladay
Terry Sander, Marine Corps Helicopter Station
George Brazier, Manager, Blue-White Cab Company
Gordon Wiggins, Owner, Blue-Whlte Cab Company
The proponents of the application, in response to questions submitted to
them by Mr. Schlegel, Attorney for the applicant, stated that the applicant
should be allowed to operate taxicabs in the City; that the drivers are
cooperative, courteous and helpful; that competition stimulates better
service; that the rates are lower than Yellow Cab Company; that Blue-
White Cab Company has installed direct service lines for customer con-
venience in various locations throughout the City; that the service is good
and fast; that the Company has established a good rapport with the public;
that more taxicabs are needed to serve the public due to increase in num-
ber of calls for service.
Mr. Schlegel also filed for Council consideration (1) 'evidence from pr'evious
hearings conducted by Council on February 7 and August Zl; (Z) 115 declara-
tions of residents stating their preference for Blue-White Cab service; (3)
a petition containing 96 signatures; (4) Z7 letters from bar owners; and
(5) statistical data presented at previous hearings°
CITY COUNCIL MINUTES 4ZZ
NOVEMBER 6, 1972
PUBLIC HEARING CERTIFICATES OF CONVENIENCE AND NECESSITY
Continued
Mr. Wiggins presented a tabulation indicating that based on total certification of
38 Yellow Cabs, 33 Blue-White Cabs, 15 Quick Cabs and 10 White Cabs, the
following would be in actual operation on a daily basis in Santa Aha: 17 Blue-
White, 15 Yellow, 2 White and 3 Quick Cab.
In his presentation to Council on behalf of his client, Mr. Schlegel stated that
Council should have sufficient facts and wisdom to justify its findings, that he
would present evidence that the best interest of the public warrants and there
is justification for the operation of more than 48 taxicabs in Santa Aha; that
48 permits would not necessarily assure operation of 48 cabs in the City con-
sidering the area serviced by the Company and out-of-service taxicabs; that
the Council's action in February to grant the Certificates of Convenience and
Necessity was correct and the testimony and evidence presented would sub-
stantiate that conclusion.
Mr. George Brazier, Manager of Blue-White Cab Company stated that Blue-
White Cab fares are 50¢ per mile and yellow Cab charges 60¢ per mile; that
the companies' equipment and radio are comparable; that Yellow Cab pays its
drivers on a commission basis; that competition has improved the cab service
and equipment in the City; that Blue-White has 42 direct service lines to
businesses in the area for customer convenience and to his knowledge Yellow
has two; that in his opinion even 53 more cabs added to serve the City would
not be sufficient; that Blue-White averages 350 day calls and ~.50 night-shift
calls for all areas, including Santa Aha.
Due to the lateness of the hour, the hearing was continued to the next regular
Council Meeting, November Z0, 1972 at 7:30 Po M., in the Council Chamber
of the City PIall Annex, on motion of Councilman PIerrin, seconded by Council-
man Evans and carried on the following roll call vote:
AYES: Herrin, Evans, Griset, Yamamoto, Markel
NOES: Villa, Patterson
ABSENT: None
ORAL COMMUNICATIONS Councilman Herrin referred
BUILDING CODE VIOLATION to a letter to Council, dated
RUFUS KIRBY October 27, 1972, from Mr.
Rufus Kirby, 2005 N. Flower
Street, regarding a carport located on his residence property in violation
of existing building Codes and suggested that Council personally inspect the
premises as he had done. Pie stated that he was not convinced that the struc-
ture was a safety hazard to anyone and could see no reason why it should be
torn down.
The Mayor stated that it was his understanding that a report on the matter
was being prepared by the Director of Building Safety and Piousing.
Council referred the matter to staff and requested a report as soon as
possible by unanimous informal agreement.
CITY COUNCIL MINUTES 4Z3 NOVEMBER 6, 1972
ADJOURNMENT At 1Z:Z0 A.M., the meeting
was adjourned on the
unanimously approved motion
of Councilman Herrin, seconded by Councilman Evans.
Florence I. Malone
Clerk of the Council
CITY COUNCIL MINUTES 4Z4 NOVEMBER 6, 1972