HomeMy WebLinkAbout11-20-1972MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA
November 20, 1972
The meeting was called to order at 2:05 P.M. in the Council Chambers of the
City Hall Annex, $30 North Ross Street, with the following Councilmen
present: Vernon S. Evans, Wade Herrin, J. Ogden Markel, Ray Villa,
Harry K. Yamamoto, and Mayor Lorin Grlset. Councilman Patterson
arrived at 2:15 P.M. Also present were City Manager Bruce C. Spragg,
City Attorney James A. Withers, Acting Director of Planning Charles C.
Zirnmerman, Director of Public Works Ronald Wolford, and Clerk of the
Council Florence I. Malone.
MINUTES The Minutes of the Regular Meeting
of November 6, 1972 were approved
as submitted on motion of
Councilman Yamamoto, seconded by Councilman Evans, and unanimously
carried.
HOUSING AUTHORITY
with ail Councilmen present.
At 2:10 P. M., Council recessed to
convene the Housing Authority. The
meeting reconvened at 2:55 P.M.
EXECUTIVE SESSION
Council recessed to an Executive
Session at 2:55 P.M., to consider
legal and personnel ruatters.
The meeting reconvened at 3:55 P. M., with all Councilmen present.
CONSENT CALENDA-K The following Agenda items were
removed from the Consent
Calendar: Items 5A, 5D and 5E
requested by Councilman Yamamoto, and Items 3A, 7A, 7C, 13B, 13C and 13D
requested by Councilman Markel.
On motion of Councilman Evans, seconded by Councilman Herrin, 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:
PRo/rECT 3025 - Construct sanitary sewer in
Valenda Street from Virginia Avenue to Memory
Lane; opening date December 11, 1972 at Z:00 P. M.
SPEC. 72-025 - Animal collection body, replacement
of body on Unit 31-77; opening date December 19, 1972
at 2:00P. M.
CITY COUNCIL MINUTES
425
NOVEMBER Z0, 1972
CONSENT CALENDA/{ - (Continued)
BID AWARDS
Awarded contracts as follows
on the basis of lowest, best
and most responsible bidder:
SPEC. 72-019 - Three (3) High Band Mobile Radios,
two additional units (one with digital decoder and one
without) and one replacement unit for City Property
~1793 that will be traded in as part payment; awarded
contract to Orange County Radiotelephone, Santa A-ua.
SPEC. 72-020 - Ten sets of aluminum bleachers for
three softball fields at Centennial Park; awarded con-
tract to Outdoor Products Co., Granada Hills.
SPEC. 72-022 - 2800 feet of 1½ inch fire hose; awarded
contract to Herb D. Porter, Huntington Beach.
SPEC. 72-023 - 1800 feet of 3 inch fire hose; awarded
contract to Wardlaw Fire Equipment, La Habra.
AGREEMENTS
Approved and authorized
the Mayor and Clerk to
execute the following:
Arterial Highway Financing Program - Between the
City and the County of Orange for the following:
PROJECT #668 - SEGERSTROM AYEAU3E - Santa
Ana River to Harbor Boulevard.
PROJECT #669 - SEVENTEENTH STREET - Santa
Aha River to Santiago Street.
ALCOHOLIC BEVERAGE
LICENSE APPLICATIONS
Received and ordered filed
the following Alcoholic
Beverage License Applications:
MAC DONALD, Alec F. and Evelyn, 2525 W. 17th
St., #G, Off Sale General, Person to Person
Transfer.
MONTANO, Felix, 902 W. Santa Ana Blvd., Off
Sale Beer & Wine, Person to Person Transfer.
SVENSON, David R., 1659 E. First St., Off
Sale General, Intercounty Transfer Premise to
Premise.
SOLICITATION APPLICATION
Approved the following
solicitation application:
HOPE ~L~kCE YOUTH INVOLVEMENT - CROSSROADS OF
RF% [VAL AN AFFILIATION OF UNITED EVANGELICAL
CHURCH, telephone solicitation, to maintain home for
troubled youths and a help line operated on a 24-hour basis
for rehabilitation of youths needing help; November 21, 1972
to January 29, 1973.
CITY COUNCIL MINUTES 426 NOVEMBER 20, 1972
CONSENT CALENDAi{ - (Continued)
MINOR EXCEPTIONS AND
VARIANCES
Received and ordered filed
the following application:
VA 72-73, 3AMES L. WHITAKER - To allow a metal
recycling (salvage) business in the M 1 zone at 1618 E.
Wilshire Avenue; APPROVED.
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 November Z, 1972 through
November 15, 1972, ~nclusive.
TENTATIVE PARCEL MAPS Approved the following map
subject to conditions contained
in the Planning Director's
report and waived the alley requirement:
TENTATIVE PARCEL MAP #777 - Filed by Cabot,
Cabot and Forbes creating four (4) M 1 parcels to
be used for industrial purposes. Sa~d parcels are
located generally on the southeast corner of Harbor
Boulevard and Segerstrom Avenue.
COMPLETION OF IMPROVEMENTS
on the following:
Authorized release of
performance, monument,
labor and material bonds
TRACT #7644 - Segerstrom Avenue and Raitt Street.
CHANGE ORDERS
Approved the following
Change Order:
PROJECT T-149, WESTMINSTER AVENUE AND
HARBOR BOULEVARD - Traffic signal modification;
Change Order #1, increasing in the amount of $135.00.
*** * ******CONSENT CALENDAR FINIS **********
AGREEMENT On motion of Councilman Patterson,
seconded by Councilman Herrin, and
unardmously carried, Council
approved and authorized the Mayor and Clerk to execute the agreement between
the City and the County of Orange for the Arterial Highway Financing Program
on PROJECT #644 - CIVIC CENTER DRIVE - Birch Street to Minter Street.
ALCOHOLIC BEVERAGE On motion of Councilman Herrin
LICENSE APPLICATIONS seconded by Councilman Evans,
v,4*h C~,l'tncilman Yamamoto voting
NO, Council received and ordered flied the following al?Hcations:
MORENO, Juan M. and ROBLES, Arthur S., 105 N.
Broadway, On Sale Beer, Person to Person Transfer.
CITY COUNCIL MINUTES
427
NOVEMBER 20, 1972
ALCOHOLIC BEVERAGE LICENSE APPLICATIONS - (Continued)
KINDEL, Robert C. and POTTS, Thomas L.,
1438½ South Main, On Sale Beer, Person to Person
Transfer.
MOORE, Berrie L. and James T., 1Zll E. First
St., On Sale Beer, Person Transfer.
MINOR EXCEPTION 72~22 MINOR EXCEPTION 72-22,
TITLE INSURANCE COMPANY filed by Title Insurance Company,
to reduce the required offstreet
parkIng by 20~0 for a manufacturing plant at Z001 E. Dyer Road, approved
by the Planning Commission, was received and ordered filed on motion of
Councilman Herrin, seconded by Councilman Patterson, and unanimously
carried.
VA 72-75 Variance Application 72-75, filed
JAMES H. MIRANDA by James H. Miranda, to allow
construction of a single family
residence in the M 1 District at 1820 W. 4th Street, approved by the Pl~uuing
Commission, was received and filed on motion of Councilman Herrin,
seconded by Councilman Yamamoto, and unanimously carried.
Prior to voting, Councilman Markel stated that in his opinion the area was
more suited to residential than M 1 development, and asked staff to determine
the possibility of changing this area to R 1 zoning.
CHANGE ORDERS On motion of Councilman Patterson,
seconded by Councilman Yamamoto,
with Councilman Markel voting NO,
Council approved the following Change Orders:
PROJECT 7013, CITY HALL - Change Order #23,
increasing in the amount of $4, 938.41.
PROJECT 7013, CITY HALL - Change Order #24,
increasing in the amount of $3,930.13.
PROJECT 7013, CITY HALL - Change Order #25,
increasing in the amount of $3,179.40.
READING WAIVED
reading of ordinances and resolutions, the
Agenda, was waived.
On motion of Councilman Herrin,
seconded by Councilman Yamamoto,
and unanimously carried, the full
titles of which appeared on the public
ORD. NS-1143 AN ORDINANCE OF THE CITY
AMENDING MUNICIPAL CODE 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 adopted on motion of Councilman Patterson, seconded
by Councilman Yamamoto, and carried on the following roll call vote:
AYES:
NOES:
ABSENT:
CITY COUNCIL MINUTES
Patterson, Yamamoto, Villa, Evans, Herrin, Griset, Markel
None
None
428 NOVEMBER 20, 1972
ORD. NS-1148 Prior to consideration of this
DANGEROUS BUILDINGS ordinance, Mr. Billy Hall,
of the City Center Association,
stated that some of their members had become fearful of the ordinance
and because they felt there was a lack of information on the proposed
ordinance, they were requesting a two-week delay and possibly a public
hearing.
Com~cilman Herrin' s motion to set the consideration of the ordinance for
public hearing on December 4, 1972, was seconded by Councilman Markel,
and unanimously carried.
Prior to voting, Mr. Joseph Gllmacher, 308 W. 4th St., stated that if the
ordinance were adopted, it would affect 90~0 of the property owners; that
the citizens should know what the ordinance will do to them before it is
adopted; and that he is against adoption of the ordinance.
The Director of Building Safety and Housing stated that if a building was
not safe under the old code, then it would not be safe under the new code; and
that an unsafe building has become unsafe due to deterioration, obsoleteness, or
lack of maintenance.
Councilman Evans stated that he would like to have a survey made of the downtown
area and a report as to which buildings the ordinance would be applied.
AGENDA Oi~DER Items 35- 46, 48 and 56 - 60
were deferred to the evening
session and Items 47, 55 and
61 were considered nex~ on the unanimously carried motion of Councilman
I-Ierrin, seconded by Councilman Patterson.
BUILDING CODE VIOLATION Council considered the report
2005 NORTH FLOWER STREET from the Director of Building
Safety dated November 15, 1972,
as requested at its November 6 meeting, regarding a carport structure at
Z005 North Flower Street in violation of the Uniform Building Code.
Mr. John McDonald, Attorney, 1212 North Broadway, representing Mr. and
Mrs. Rufus R. Kirby, owners of the property at 2005 North Flower Street,
stated that the Kirbys have been requested by the City to do certain things to
their property that are improper and probably unconstitutional; that the
approved 1951 Building Permit record indicates the purpose was to "add a
garage"; that the City cannot prove whether or not the carport was approved
at that time.
The City Manager stated that there are only two things a citizen can do in a
situation of this kind; he can ask the Council to change the Code provision
which applies or he can take the matter to court to see if the City' s interpreta-
tlon is legally correct, but there is no appeal provision to the Council.
The City Attorney suggested that Council consider the adoption of an ordinance
that would provide for a uniform appeals board to handle situations where the
applicant is dissatisfied with the staff decision.
The applicant was referred to staff to find out what he should do and the staff
was referred to the applicant to properly advise him, on the unanimously
approved motion of Councilman Patterson, seconded by Councilman Herrin.
CITY COUNCIL MINUTES
429
NOVEMBEt{ Z0, 1972
GREENBELT ORGANIZATION Messrs. Novel James and
COMMITTEE Everett Parks and Mrs. Jean
Ankrur~, Santa Aha representa-
tives to the Orange County Greenbelt Organization Committee, along with
Mr. Rod Sackett, County Greenbelt CoorcHnator, presented an oral progress
report with slides and requested Council Resolution endorsement of the
implementation program of the Greenbelt Plan which was approved March 21,
1972 by the County Board of Supervisors. They recommended that the City
participate in a proposed joint powers agreen~ent, along with other cities in
the Santa Aha River area, that will be presented for Council consideration
within the next thirty days.
ORAL COMMUNICATION Mr. Robert Gottshall, 2904 W.
APARTMENT DUMPSTER Elder, stated that he and his
REQUIREMENT wife own a four-unit apartment
at 2618 West McFadden; that
recently they had been advised by the Department of Public Works that four
units or more must use a dumpster if space is available and that the Public
Works inspector had declared that space was available on their property.
Mr. Gottshall stated that he was appealing the inspector's decision on the
basis that it is discriminatory in cost and in space availability; that a dumpster
monthly rental charge is four times what he has been paying for six regular
trash containers and the dumpster will never be paid for; and that the space
proposed for the dumpster would decrease the required off-street parking.
The Ma)or referred the matter to the Director of Public Works for resolu-
tion.
RECESS At 5:40 P. M., the meeting
was recessed to 7:30 P. M., at
which time it was reconvened
with all Council members present. Following the Pledge of ALlegiance to
the Flag, the Invocation was given by the Reverend Donald E. Reiter of
the First Baptist Church.
SPECIAL ORDER OF THE DAY The Mayor introduced Mr. william
Obarr, the City's representative to
the Orange County Mosquito Abate~
ment District, and commended the District on the fine job being done.
PUBLIC HEARING The Ma~or opened the public hear-
APPEAL # 310 - VA 7Z-74 ing on Appeal # 310 filed by Ronald
RONALD M. WARD M. Ward appealing the Planning
Commission's approval of Variance
Application 72-74 to allow construction of a single family residence in the M 1
District at 1824 W. 4th Street.
The Acting Planning Director presented a detailed land use map indicating
the predominance of residential land use in the general area which is a
multi-use corridor; that there were many public facilities in the immediate
vicinity including four churches and service establishments which complemented
and added to a viable residential community; that the Planning Department
recommended denial of the appeal; and that a precise land use study of the
general area be conducted.
CITY COUNCIL MINUTES
430
NOVEMBER Z0, 1972
PUBLIC HEARING APPEAL ~;310 - VA 72-74 - (Continued)
The Clerk reported no written communications had been received.
The following persons spoke /n favor of the appeal:
Mr. Ronald M~ Ward, 4329 Via Notre, Cypress
Mr. Tony Rivas, 14901 Dusk
Mr. Ward stated that the area is properly zone d M 1; that it is a blighted
area needing close guidance and direction in its future growth.
Mr. Rivas spoke on beha~ of his father, D. C. Rivas, owner of Rivas Foods,
a tortilla factory, located at 1924 Fourth Street, and on behalf of the owner
of three lots on the corner of Fourth and Raitt. He stated that the building
of residences in the area was a hardship on the business already situated there
because of noise abatement; that his father had relied upon the lvi 1 zoning long
ago and would not have built his factory at that location had he known zoning
might change; and that Iow-income residential development would not enhance
the value of his property.
Mr. Jim Miranda, 1917 Westwood, spoke in opposition to the appeal, stating'
that there was an extreme need for low-income housing in the city; that the
proposed residences are good pre-fab houses that have been approved at the
State level and by FHA; that Mr. Ward had been present when the Variance
Application had been approved; that the church adjacent to the property had
offered the property for sale because of vandalism on the property; that no
further industry would go into that area because it is not designed for industry.
Councilman Patterson asked if Fourth Street would eventuaily go up to Fifth
Street.
The Director of Public Works responded that there were plans for the extension
of Fourth west of llaitt up to 17th Street, however, it was unknown if the rail-
road would relinquish their property for this purpose and that in any event the
extension would not be for five to ten years.
The Mayor closed the public hearing. Councilman Herrln's motion to uphold
the decision of the Planning Commission was seconded by Councilman Markel,
and carried on the following roll call vote:
AYES:
NOES:
ABSENT:
I-terrin, Markel, Villa, Evans, Griset, Paterson.
Yamamoto
None
AGENDA (~RDEI~ Councilman Patterson~ s motion to
finish the afternoon agenda items
was seconded by Councilman Evans
and %man/mously carried. Items 35, 56, 45, 46, 47, 48, 56, 57, 58, 59 and
60 were considered as the next order of business.
RES. 72-111 RESOLUTION 7z-lll CLAP, IFYING
CLARIFICATION OF RESOLUTION 71-53 REGARDING
RES. 71-53 STUDENT RECREATIONAL
ACTIVITIES was adopted on
motion of Councilman I-Ierrin, seconded by Councilman Yamamoto and carried with
Councilman Evans voting NO.
CITY COUNCIL MINUTES
431
NOVEMBER 20, 1972
RES. 72-115 RESOLUTION 7Z-115 GRANTING
APPEAL NO. 309 APPEAL NO. 30 9 APPROVING
MINOR EXCEPTION NO. 77--21
was adopted on motion of Councilman Herrin, Seconded by Councilman- Evans,
and carried with Councilman yarnarnoto voting NO.
MUSEUM EXPANSION The let{er dated November 14, 197Z,
from Waldo R. Haug, Chairman of
the Planning Commission, setting
forth the action taken by the Plarming Commission on the proposed expansion of
the Charles W. Bowers Museum was received and ordered filed on the unani-
mously approved motion of Councilman Herrin, seconded.by Councilman
Yamarnoto.
The Mayor announced that Dr. Hilsabeck of the Bowers Museum Foundation
Board plans to make a presentation of the anticipated development to the Council
at its meeting of December 4, 1972.
TENNIS COURTS Council approved the expenditure
of $9, 051.00 for the partial lighting
of the two tennis courts at the
Waterworks Park Site, First and Flower Streets, and authorized preparation
of an agreement between the City and the school district to implement the
general intent, on the motion of Councilman Evans, seconde.d by Councilman
Patterson, and carried with Councilman Herrin voting NO.
Prior to voting, Councilman Herrln expressed his desire that the tennis
courts be maintained on a self-sustaining basis by means of a coin apparatus
on the site.
The City Manager stated that some consideration had been given to that
possibility, including lighting on a controlled device, and that he would
request staff to give a report on future possibilities.
COUNTY REVENUE SHARING Council considered the letter
FUNDS dated November 6, 1972, from
Robert F. Finneil, President
of the Orange County League of California Cities, setting forth their proposal
regarding the use of the approximately $9, 000, 000 in federal revenue sharing
funds to be received by the County of Orange.
Councilman Patterson, who had been appointed to an ad hoc committee of
the League consisting of five elected officials and five city managers from
various different Orange County cities, stated that the commi~ee had met
and had agreed on a plan known as "The Orange County Revenue Sharing
Plan", which plan proposes that 50 per cent of the County's revenue sharing
funds be used at the discretion of the Board of Supervisors for solely County
determined priorities and that the remaining 50 per cent, or approximately
$4, 900, 000, be set aside and allocated under a formula based on assessed
valuation and population, to be used for priority items determined by the
individual Orange County city and approved by the Orange County Board of
Supervisors, within the approved federal guidelines, on a matching fund
basis; and further that the Chief Administrative Officer be instructed to
develop a system for disbursement of these funds, consistent with the spirit
of the federal approach to revenue sharing, including a time frame for
utilization of the funds. Councilman Patterson also stated that based on
CITY COUNCIL MINUTES
432
NOVEMBER Z0, 1972
COUNTY REVENUE SHARING FUNDS - (Continued)
population, Santa Ana's percentage of the total available funds would be
10 or 11 per cent; and that the Board of Supervisors' would conduct a public
hearing on the matter on December 6, 1972.
Councilman Villa's motion to adopt "The Orange County Revenue Sharing
Plan" as presented was seconded by Councilman Yamamoto, and carried
with Counc~.*nan Herrin voting NO.
Mr. Billy Hall, representing the City Center Association, stated that the
Association supports the Council action to approve the County Revenue
Sharing Plan, and Mayor Griset suggested that he express that viewpoint
to the Board of Supervisors at the Public Hearing.
OLD CITY HALL The Council considered the
BUILDING letter from Mr. Willis_rn G.
Kelley, 207 North Broadway,
offering to purchase the Old City Hall Building and adjoining parking lot
for a combination office and charitable use for $43,000.
Council also received a letter from the Chamber of Commerce dated
November 17, 197Z, relative to the same subject, recommending retention
of the Old City Hall facility and adjacent parking areas until.the results of
a special study of the entire central business area are available for considera-
tion.
Both communications were referred to staff for report and recommendation,
on the unanimously approved motion of Councilman Herrin, seconded by
Council----an Evans.
SURPLUS PROPERTY AD3ACENT Council considered the
TO THORNTON PARK memorandum dated November 15,
TRACT NO. 7655 197Z, from the Director of
Public Works and the Park
Superintendent recommending that the City discontinue its efforts to sell
the surplus property (13.75 acres), lying northerly and adjacent to Thornton
Park, and retain it for recreational use; and that the Parks and Recreation
staff work with the residents of the area in developing a plan for'the ultimate
use of the entire 34 acres.
The recommendations were approved on the unanimously carried motion of
Councilman Evans, seconded by Councilman villa.
CROSSWALK AT A status report from the Director
EUCLID AND SIXTEENTH of Public Works regarding the
STREET November 6, 1972 petition for
improving traffic safety at the
Euclid and Sixteenth Street pedestrian crosswalk advising of communication
and a proposed meeting with concerned community members, was received
and filed on the unanimously approved motion of Councilman Herrin, seconded
by Councilman Evans.
cITY COUNCIL MINUTES
433
NOVEMBER ZO, 1972
STREET LIGHTING ON A report from the Director of
EAST FOURTH STREET Public Works dated November 15,
1972 regarding poor street lighting
on East Fourth Street between Spurgeon and French Streets and at the inter-
section of Lacy Street, was received and filed on the unani~nously carried
motion of Councilman Herrin seconded by Councilman Market
The Director reported that plans for new street lighting will probably be
presented to Council on December 4; and that immediate stops were being
taken to up-grade at the northwest and southeast corners of Fourth and
Lacy Streets.
CLASSIFICATION Council considered the report of
SPECIFICATION REVISION the Director of Personnel dated
November 1, 1972, recommending
certain changes in the classification specification for the position of Parking
Control Officer, The proposed revised classification specification was approved
on motion of Councilman Herrin, seconded by Councilman Yamamoto, and
carried with Councilman Evans voting NO..
GENERAL MUNICIPAL ELECTION Council considered the report of
APRIL 3, 1972 the Clerk of the Council dated
November 16, 1972, setting forth
advantages and disadvantages of a punch card ballot versus ~ paper ballot for
use in the General Municipal Election on April 3, 1973, and requesting
Council to determine the method of election as required by Charter Section
1200 and to accept the quotation from Martin and Chapman for election ser-
vices for the selected method and to authorize their employl~ent on that
basis. On motion of Councilman Patterson, seconded by Councilman I-terrin,
and unanimously carried, Council determined the method of election as
required by Charter Section 1200 to be by use of a punch card ballot, and
the quotation from Martin and Chapman in the amount of $8,814. 75 to provide
election services using the punch card ballot was accepted and their employ-
ment authorized on that basis.
RECESS
present.
At 8:40 P.M., a recess was
declared. The meeting reconvened
at 8:53 with the same Councilmen
PUBLIC HEARING
CERTIFICATES OF
CONVENIENCE AND NECESSITY
TO OPERATE TAXICABS
The Mayor announced that the
public hearing on the applications
for Certificates of Convenience and
Necessity filed by Gordon P.
Wiggins dba Blue-White Cab Company
and Harvey S. Cole dba Quick Cab Company, had been continued from Novem-
ber 6 meeting and briefly summarized what had taken place at that meeting.
The Mayor reminded all those present that Council did not wish to hear
testimony which was repetitive.
Councilman Villa's motion to find that there existed a need for additional
taxicabs in the City of Santa Ana was seconded by Councilman Herrin.
The City Attorney stated that Council sho~dd first hear the remainder of the
evidence regarding convenience and. necessity from the applicants and that
those persons opposed to additional taxicabs be given an cpportunit¥ to be
heard before any finding is made.
CITY COUNCIL MINUTES
434
NOVEMBER 20, 1972
PUBLIC HEARING CERTIFICATES OF CONVENIENCE AND
NECESSITY - (Continued)
The following persons spoke in favor of granting the Certificate to Blue-White
Cab Company:
Charles $chlegel, Attorney, 433 Civic Center Drive West,
representing the applicant, Gordon P. Wiggins
Sane Chamberlain, 1713 South Clareview
Oscar Parkers, 2056 South Ha]laday
Mason Cruz, 1361 Laguna, Tustin
Wayne Rutherford, 13432 lviart¥ Lane
The proponents stated that the applicant should be allowed to operate taxicabs
in the city; that they have an efficient dispatching system which is not partial
to certain drivers; that the cabs are cleaner and safer and the drivers more
courteous than those of Ye]low Cab Company; that lack of competition has
lead to inadequate cab service in the city; and that the Council is judging
convenience and necessity predicated upon the fact that 30 more taxicabs
were in operation for several months until the court intervened.
The followlng persons spoke in favor of granting the Certificate to Quick
Cab Company:
Ronald Steelman, Attorney, 113 Avenue Granada, San Clemente,
representing the applicant, Harvey S. Cole
Earl Cox, 1107 West Myrtle
Sgt. Clinton Oswald, 1412 Nison, Tustin
Blanca Lopez, 903 South Karen
Fred J. Vermilo, 320 West Second
Martin Lopez, 2530 South Baker
Amalia Ramirez, 423 East Pine
Harvey Cole, applicant
Herman Snyder, 620 North Grand
The proponents stated that Quick Cab service was prompt; that the charges
were fair and reasonable and discount cards are available to regular patrons;
that Spanish is spoken by many of the Company's dispatchers; that the Company
operates on a lease plan and most of the drivers are self-employ~d; that the
operation in Orange County would not be possible if the Council does not
approve the issuance of a Certificate; that on a good day 400 calls are processed
and 15 or 20 cabs would be the maximum operated in the City.
Mr. S~eelman stated that the need for additional cabs has definitely been
established; that there is practica]ly no public transportation in Santa Aha
and thousands of people must rely on taxicabs; that good cab service is good
for downtown business; that monopoly leads to higher prices, poor service
and greater regulation.
Mr. Steelman further stated that, in his opinion, Councilman Patterson
should disqualify himself because he is in the same office as Attorney
Barry l~4ichaelson, the attorney representing Ye]low Cab Company.
CITY COUNCIL IV~NUTES
435
NOVEMBER 20, 1972
PUBLIC }{EARING CERTIFICATES OF CONVENIENCE AND
NECESSITY - (Continued)
Councilman Patterson stated [hat the Charter prohibits a Councilman from
abstaining unless he has a conflict of interest. He asked that the record
indicate that he is in the same suite of offices ~vith Attorney/viichaelson
and they share the rent; that they have never shared clients, fees or any
other matters ~-uter-related thereto; and that he would abstain if the City
Attorney ruled that there was a conflict.
The City Attorney stated that in his opinion that where no clearly disqualify-
ing condition exists and once it has been revealed, if the rest of the Council
wishes to disqualify the members, that is the procedure to follow.
The following persons spoke in opposition to the issuance of Certificates
of Convenience and Nec. essity to Blue-White Cab Company and to Quick
Cab Company:
Barry Michaelson, Attorney, 2122 North Broadway
Charles Chopp, 17102 Kenyon Drive, Tustin
Wanda W. l{ousu, 1117 South Spruce
Eugene Iqoupt, 135 Orangewood Lane, Tustin
Glen Gaines, owner of Yellow Cab Company,
511 East Third Street
T. N. Bristow, 201 North Sycamore
The opponents stated the applicant-companies are not reliable; that their
drivers are discourteous; that Spanish is also spoken by Yellow Cab dispatchers;
that the applicant-companies employ drivers who do not hold valid permits
to drive issued by the City; that Yellow Cabs are cleaned and maintained on
a regular schedule and provide prompt service.
Mr. Gaines, owner of Yellow Cab Company, stated that he had never applied
for a taxicab permit in any city where another cab company was operating;
that he had paid $50,000 to the former owner for the right to pick up his
city permit; that there is no city of Santa Ana's size that has given a license
to operate a new taxi business in the past Z0 years except Tustin, Orange
and Garden Grove; that the Company owns its own equipment; that the City' s
previous issuance of permits to these companies has meant less money for
his drivers and has made it difficult to keep qualified drivers; that the other
companies employees have no benefits such as unemployment insurance,
tax withholding and records of earnings.
Mr. Alex Acevedo stated that more and better cabs are needed in the City to
accommodate the demand.
Mr. Michaelson stated there was no definitive evidence that would permit the
Council to find that the 48 permits authorized and issued are not sufficient.
Mr. Schlegel presented his rebuttal and filed his exhibits 1 ~ 7 with the City
Attorney. He stated that there is ample evidence to justify convenience and
necessity.
The public hearing on public convenience and necessity was closed by the
Mayor.
CITY COUNCIL MINUTES
436
NOVEMBER Z0, 1972
PUBLIC HEARING CERTIFICATES OF CONVENIENCE AND
NECESSITY - (Continued)
Councilman Yamamoto moved that the Council find'that there is public
necessity and convenience for more taxicabs in Santa Aha. Councilman
ViUa seconded the motion and it carried on the following roll call vote:
AYES: Yamamoto, Villa, Evans, Herrin, Patterson, Markel /~
NOES: Griset
ABSENT: None
Councilman Patterson moved that public convenience and ~ecessity require
the additional number of permits to be twelve (1Z) at this time., The motion
was seconded by Councilman Yamamoto and carried on the following roll
call vote:
AYES:
NOES:
ABSENT:
Patterson, Yamarnoto, Villa, Evans, Herrin, Markel
Grlset
None
The Mayor announced that, in compliance wi th the Municipal Code, the
next issue to be resolved is fit, willing and able, and how the twelve permits
v~ll be distributed.
RECESS
present.
At 10:45 P.M. a five-minute recess
was declared. Council reconvened
at 10:50 P. M., with all Councilmen
The public hearing to consider fitness, willingness and ability was opened by
the Mayor.
The hearing was continued, with the consent of the applicants, to the evening
Council meeting of December 4, 1972, to be carried as the final public hear-
ing on the Council agenda, on motion of Councilman Evans, seconded by
Councilman Herrin and carried with Councilman Villa dissenting.
ORAL COMMUNICATIONS Councilman Yamamoto stated that
HORSES ON PUBLIC STREETS he had read in the newspaper that
a horse had thrown its rider and
had run down Harbor Boulevard. He asked if horseback riding could be
eliminated on public streets. The City Attorney replied that there %vas no
law forbidding such riding to his knowledge.
HOUSE MOVING Councilman Markel stated that
a house had been moved onto a
lot in the 700 block on Sycamore
Street over 90 days ago that was still on supports. He requested that action
be taken to correct the situation.
MINI PARK Councilman Villa requested that
Council give some thought to
maintaining a mini park in the
proposed Civic Center parking lot where the County Board of Education is
presently situated; and that he had been advised that a petition was being
circulated to request such a park.
CITY COUNCIL MINUTES
437
NOVEMBER 20, 1972
ADJOURNMENT
Evans, seconded by Councilman Herrm.
At 11:05 P.M., the meeting was
adjourned on the unanimously
approve.d motion of Councilman
Florence I. Malone
Clerk of the Council
CITY COUNCIL MINUTES
438
NOVEMBER Z0, 197Z