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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