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HomeMy WebLinkAbout12-04-1972MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA December 4, 1972 The meeting was called to order at 2:05 P.M. in the Council Chambers of the City Hall Annex, 530 North Ross Street, with the following Councilmen present: Vernon S. Evans, Wade Herrin, J. Ogden Markel, Jerry M. Patterson, Harry K. Yamamoto, and Mayor Lorln Grlset. Councilman Villa arrived at 2:30 P.M. Also p,resent were Assistant to the City Manager G. David Tayc0, City Attorney James A. withers, Acting Director of Planning Charles C. Zim~nerman] Director of Public Works Ronald Wolford, and Clerk of the Council Florence I. Malone. DOWNTOWN REDEVELOPMENT The Mayor announced that Mr. Bill Croddy, President of Croddy Corporation, Z01 South Broadway, was in the audience to make a presentation to Council concerning downtown redevelopment. Mr. Croddy presented Council with a letter from him dated December 1, 1972, which stated that there is strong concern for the improvement of the downtown area among many private businessmen and property owners who want to participate and contribute with their talents to that prospect and requested that Council take immediate action to implement the California Community Redevelopment Law and to have a special development study conducted as soon as possible for the potential of improving the entire central area. The following ordinance and resolutions were considered by Council for adoption: AN ORDINANCE OF THE CITY COUNCIL OF SANTA ANA DECLARING THE NEED FOR A REDEVELOPMENT AGENCY TO FUNCTION IN THE CITY OF SANTA ANA; A RESOLUTION OF THE CITY COUNCIL OF SANTA ANA DESIGNATING A REDEVELOPMENT SURVEY AREA FOR STUDY PURPOSES; and A RESOLUTION OF THE CITY COUNCIL OF SANTA ANA DECLARING ITSELF TO BE THE REDEVELOPMENT AGENCY. The City Attorney stated that the State of California had created agencies for each locality; that statute requires an ordinance be adopted which creates the agency, but does not implement project; that the agency, through a number of public hearings, and through the Plauning Commission and the City Council, agrees on a program; that at that time the existing distribution of assessments within the project area are frozen but the assessments can increase and taxes from the increase go to the redevelopment agency. He further stated that he estimated it would take at least two or three months to accomplish all of the necessary steps; and that it would be wise to proceed ixrn-nediately because of pending developments including the Federal Building and other high-rise buildings near the Civic Center. CITY COUNCIL MINUTES 439 DECEMBER 4, 1972 DOWNTOWN REDEVELOPMENT - (Continued) Councilman Evans stated that he would like to read and familiarize himself with the material he had been given and with other other related material, and that he could not support the ordinance or resolutions at this time. Councilman Herrin concurred with Councilman Evans. Mayor Griset stated that a meeting of businessmen and downtown property owners, for further discussion of the proposed downtown redevelopment, was scheduled for Friday, December 8,' 1972; at 8:00 A.M., An the Board Room of the'U. S. National Bank, 17th and Louise Street, and suggested'that Councilmen plan to attend to learn more about the subject. Councilman Yamamoto stated that he was already quite familiar with the matter and believed some action should be taken right away to implement the project. Councilman Patterson stated that he too was very aware of what was being proposed having attended previous meetings for discussion of the subject; that time was important because of potential of the tax base increasing in the next two years and that the tax monies needed to be channeled and used for downtown redevelopment purposes. He further stated that he believed that it would not be in violation of the Brown Act if all sevencouncilmen wanted to attend meetings on the subject since no voting would take place. Councilman Markel stated that he had seen a previous attempt at downtown redevelopment backfire; that he felt the pro,ram Should be 'initiated only after careful consideration; and that ho'was glad a man like 'Mr. Croddy was working on the program. Mr. Joseph Gilmaker, 308 West'Fourth Strdet, ~;asked' what 'was' meant by freezing values. He stated that he had also seen mistakes made in the past and proposed that if the program were implemented, there be a limitation on condemnation; 'and that he believed it wrong to put one property owner against another. - Ma)or Griset stated that Council wOuld take under con~sidecation the request that Mr. Croddy had made, and would,ct upon that request as soon as :211 of the Councilmen had received the information the~y desir, edJ: : MINUTES The Minutes of the Regular Meeting of November 20, 1972 were approved as submitted, on motion of Council- man-Evans, seconded by Councilman Yamamoto, and unanimously carried. AGENDA ORDER The Mayor announced that Mr. ' Ross Crane was inthe audience : ~ ~ ~. - ' .~ · · ~ to speak on behalf of the Bowers Museum Foundation Board, and had requested that Agenda Item ~ 55 be considered first, if possible. The Councilmen informally agreed that Item # 55 would be taken out of order. CITY COUNCIL MINUTES 440 DECEMBER 4, 197Z EXPANSION OF Mr. Ross Crane reported that CHARLES W. BOWERS MUSEUM Dr. Hilsabeck had been unable to attend because of his surgery schedule, and that he had been asked to speak in his place. ' Me stated that the Bowers Museum Foundation Board had had a fund drive to raise money for an addition to the present 40-year old museum facilities; that Santa Ana is now four or five times as large as it was when the museum was originally built; that an amount of approximately $225,000. 00 has been raised for the addition which will be a gi~t to the City of Santa Ana and to its population; and that the estimated cost of the addition is $242,000. 00. He requested that the City call for bid~ as soon as specifications could be prepared for a more definite figure of the cost of the addition, and suggested that if the difference between the bids and the amount on hand was not unreasonable, the City could make up the difference from whatever source might be available. Mr. Frank Cullen, of the architectural firm of Grillias, Pirc, Rosier and Alves, 508 North Main, presented to Council the architectural drawings and renderings of the proposed addition. Councilman Patterson's motion to approve the architectural drawings and renderings and authorize staff to proceed to bid was seconded by Councilman Yamamoto and unanimously carried. Also present to speak on behalf of the Bowers 'Museum Foundation Board were: Mrs. Carl Pearlman Mrs. H. J. Howard~ 2404 French Street Mrs. Alexander Nalle, 2212 North Flower Irene Daniger, 902 Riviera Drive Hester Olewiler, 2472 North Riverside Helen Hooper, 12601 South Barrett Lane Mrs. William Hudspeth, 18301 Embury Drive COUNCIL PARKING Prior to consideration of the Consent Calendar, Councilman Villa stated for the record that it was a sad thing that the City Council is not given the courtesy'of a parking stall and even though the parking stalls are clearly marked "For Councilman Only", there is no authority to tow other vehicles away. coNsENT CALENDAlt The following Agenda items were removed from the Consent Calendar: Item 3 B requested by Councilman Herrin; Items 5 D, 7 A and 7 B requested by Councilman Yamamoto; and Item 3 A requested by Councilman Herrln. On motion of Councilman Evans, seconded by Councilman Herrin and unanimously carried, Council affirmed the recommended action on the following Consent Calendar items: BID AWARDS Awarded contracts as follows on the basis of lowest, best and most responsible bidder: SPEC. 72-021 - Ten Channel Communications Recording System. Awarded contract to Magnas]rnc/Moviola Corp., North Hollywood. CITY COUNCIL MINUTES 441 DECEMBER 4, 1972 CONSENT CA_LENDAi~ - (Continued) TOPICS PROJECT NO; T-3041 (148) -Installation of traffic signal and street lighting system at Bristol Street and the Garden Grove Freewa}' Eastbound Off-ramp, Modification of existing ' traffic signal systems at the Garden Grove Freewa}' Westbound On-off Ramp and Bristol Street and at the Santa Ana FreeWay Southbound Off-ramp and. Bristol Street. Awarded contract to Stein}, and Compan}', inc., Los Angeles. TRAFFIC Received and ordered filed report of control devices removed or installed November 9 through November 28, 1972, inclusive. ALCOHOLIC'BEVERAGE ' LICENSE APPLICATIONS Received and 'ordered filed the following Alcoholic Beverage License Applications: ANNY, Alice and Mike, 4622 W. Bolsa Avenue, Off Sale Beer & Wine, Person to Person Transfer. ANTHONY'S SPAGHETTI HOUSE, INC. , 605 South Harbor, On Sale General (Bona Fide Public Eating Place), Person to Person Transfer. ~ ~: ', STROUD, Doris Wayne and Doroth}' Grace, 601 Sout/~ Van Ness, Off Sale Beer & Wine, Person to Person Transfer. The Cit}' Attorney was instructed to file a protest with the Alcoholic Beverage Control Board on the following applications: MEKEEL, Arnold W., 403 West Fourth Street, On Sale Beer, Original; (Protest b}' Police Department and Protest - within 300 feet of residential area). SALMERON, Antonio P. , and Concha R., 1Z14 E. Pomona, On Sale Beer, Original. The location is within 300 feet of a-resldential zone and is therefore subject to the Minor Exception Permit Procedure. SOLICITATION APPLICATIONS Approved the following solicitation .... applications: VOICES IN VITAL AMERICA, AKA VIVA; VIVA POW-MIA Bracelet Distribution, to educate people to the tragic plight of American POW' s and MIA' s in Southeast Asia; for 60 days from date of approval. CITY COUNCIL MINUTES 442 DECEMBER 4, 1972 CONSENT CALENDAR - (Continued) CHRIST FOR INDIA, dba MISSIONS INTERNATIONAL, door-to-door solicitation, to carry on Christian work at home and abroad through orphanage, printing press, Bibles, etc; for 60 days from date of approval. THE SEVENTH DAY ADVENTIST CHURCH, door-to-door solicitation and Christmas caroling, and sollciting at the door of department stores, to raise funds for community services like the Five-Day Plan and the Dorcas Welfare Service and to help the needy; from December 5, 1972 to December 31, 1972. and ratified staff decision to allow caroling and solicitation on the following: SANTA ANA SEVENTH DAY ADVENTIST CHURCH, door-to-door solicitation and Christmas caroling, to raise funds for health, education and welfare; from November 25, 1972 to January 13, 1973 from 5:00 P.M. to 9:30 P.M. DEEDS, NO CASH Received and ordered filed a GRANTEE, CITY report of No-Cash Deeds accepted by the City Manager, pursuant to Resolution #69-156, from November 16, 1972 through November 29, 1972, inclusive. TENTATIVE PARCEL/ Approved the following maps TRACT MAPS subject to conditions contained in the Planning Director's report and waived the alley requirement on Tentative Parcel Maps #775 and 778: TENTATIVE PARCEL MAP #775 - Filed by Harbor Industrial Properties creating four (4) M 1 parcels. Parcels 1 and 2 are to be used for industrial uses and 3 and 4 are to be used for Edison Company Transmission lines, located generally on the northeast corner of MacArthur Blvd. and Harbor Blvd. TENTATIVE PARCEL MAP #778 - Filed by Arthur B. Knight creating two (Z) M 1 parcels to be used for industrial uses, located generally on the south side of Chestnut Avenue, 496 feet east of Grand Avenue. TENTATIVE TRACT MAP #8131 - Filed by Mailon Corporation creating one (1) R 1 lot to be used for residential purposes (air space condominimms), located generally southwest of the intersection of Euclid Street and First Street. * ** * * * * * * *CONSENT CALENDAR FINIS * * * * * * * ** * CITY COUNCIL MINUTES 443 DECEMBER 4, 1972 AGREEMENT A motion by Councilman Herrln ~ to postpone consideration of the Agreement between the County, the Civic Center Authority and the City for cOnstruction of the third increment of the Civic Center Mall, to the City Council public hearing regarding Revenue Sharing on December 18, 1972, was seconded by Councilman Villa, who subsequently withdrew his second, and the motion failed for lack of a second. Councilman Patterson~ s motion to approve the agreement and authorize its execution by the Mayor and Clerk was seconded by Councilman Villa, and carried with Councilman Markel voting NO. AGREEMENT TOPICS PROGRAM RES. 72-117 following resolution: On motion of Councilman Yarnamoto, seconded by Councilman Villa, and carried with Councilman Herrin voting NO, Council adopted the . RESOLUTION NO. 72-117, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING SUPPLEMENTS NUMBERS 1 AND 2 TO THE PROGRAM OF LOCAL AGENCY TOPICS IMPROVEMENT PROJECTS ,IN THECITY OF SANTA ANA; and authorized the Mayor and Clerk to execute Supplement No. 1 to Agreement No. 10, Project EHS T-3041 (145), (146), and (147), and Supplement No. 2 to Agreement No. 10, Project T-3041 (148), EHS T-3041 (149) and (150). ALCOHOLIC BEVERAGE Councilman Herrin' s motion to LICENSE APPLICATION receive and file the following ABC application was seconded by Councilman Patterson, and carried with Councilman Yamamoto voting NO: LUNDIN, Darwin G. and Leore 3., 1117 West 17th Street, On Sale Beer, Person to Person Transfer. VA 72-76 Variance Application 72-76, filed FAn{HAVEN APARTMENT FUND, by Fairhaven Apartment Fund, Inc., INC. to construct 2 twenty square foot pole signs on the same parcel to identify an existin¢,apartTnent development at 2601 North Grand Avenue, approved by the Planning Commissinn,: was received and filed on motion of Councilman Patterson, seconded by Councilman Herrin, and carried with Councilman Yamamoto voting NO. VA 72-77 Variance Application 72-77, filed LTC OF CALIFORNIA, INC. by LTC of California, Inc., to construct 255 two-story townhouse condominium units within 150' of property zoned A i and R 1, at 2951 South Falrview Street, approved by the Planning Commission, was received and filed on motion of Councilman Herrin, seconded by Councilman Evans, and unanimously carried. CITY COUNCIL MINUTES 444 DECEMBER 4, 1972 READING WAIVED On motion of Councilm'an Herrin, seconded by Councilman Villa, and unanimously carried, the full reading of resolutions, the titles of which appeared on the public Agenda, was waived. RES. 72-113 RESOLUTION 72-113, A RESOLUTION APPEAL #310 OF THE CITY COUNCIL OF THE CITY OF SANTA ANA UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND GRANTING VARIANCE APPLICATION 72-74 FILED BY JAMES H. MIRANDA AND DENYING APPEAL ~310 FILED BY RONALD M. WA, RD was adopted on motion of Councilman Herrin, seconded by Councilman Evans, and darried with Councilman Yamamoto voting NO. RES. 72-116 WAGE RATES ON PUBLIC WORKS CONTRACTS RESOLUTION 72-116, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ASCERTAINING AND DETERMINING THE PREVAILING RATE OF WAGES TO BE PAID FOR EACH CRAFT, OR TYPE OF WORKMAN, OR MECHANIC NEEDED FOR PUBLIC WORKS CONTRACTS, IN THE CITY OF SANTA ANA was adopted on motion of Councilman Herrin, seconded by Council- man Patterson, and unanimously carried. RES. 72-119 RESOLUTION 72-119, A FEDERAL-AID URBAN RESOLUTION OF THE CITY STREET SYSTEM COUNCIL OF THE CIT:Y OF SANTA ANA APPROVING THE PROPOSED FEDERAL-AID URBAN STREET SYSTEM FOR THE CITY OF SANTA ANA URBANIZED AREA PORTION OF THE LOS ANGELES-LONG BEACH METROPOLITAN AREA was adopted on motion of Councilman Villa, seconded by Councilman Patterson, and carried with Councilman Herrin voting NO. FREEDOM NEWSPAPERS, 'INC. The letter and its enclosures, ANA/qEIM BULLETIN received November 27,~ 1972 from Anaheim Mayor Jack C. Dutton, relative to the Anaheim Bulletin policy favoring the open sale of heroin, was received and filed on the unanimously approved motion of Councilman Markel, seconded by Councilman Herrin. FINANCIAL STATEMENTS The Financial Statements with Report on Examination by Certified Public Accountants dated June 30, 1972, were received and ordered filed on motion of Council- man lqerrin, seconded by Councilman Evans, and unanimously carried. CITY COUNCIL MINUTES 445 DECEMBER 4, 1972 APARTMENT DUMPSTER The report of the Director REQUIREMENT of Public Works dated November 29, 1972, regarding the requirement of a dumpster for trash pick-up at the apartment building located at 2618 West McFadden Avenue, was received and ordered filed on mo,{on of Councilman 1~err~n. seconded By unanimously carried. REVENUE SHARING Council considered the report FUNDS from the City Manager dated · November Z9, 1972, setting forth a tentative program for the use of city revenue sharing funds in the fiscal year 1972-75, including the following recon~endations: I) That Council Set a public hearing on December 18 for consideration of proposals for use of federal revenue sharing funds, and 2) That Council approve a tentative program for the use of these funds and authorize the City Clerk to send a copy of it and the notice for public hearing to all interested parties. Councilman Evans suggested that Council consider the two recormrnendations separately. Councilman Herrin's motion that the matter be set for public hearing December 18 was seconded by Councilman Evans, and unanimously carried. Councilman Patterson's motion that Council approve the tentative program for use of funds and authorize the Clerk to send a copy with notice of hearing to all interested parties, was seconded by Councilman Villa, and carried on' the following roll call vote: '' '.. AYES: Patterson, l~illa, Griset, Yamamoto NOES: Evans, Herrin, Markel ABSENT: None CROSSWALK · The report of the Director of EUCLID & 16TH Public Works dated November 29, 1972, regarding an existing crosswalk cro~ssing Euclid Street at Sixteenth Street was considered by Council, ahd the follO,,,ving recommendations suggested~ in,the report were approved on motion of Councilman Evans, seconded, by Councilman. Yamamoto, and. unanimously carried. ::.' : :' .~. - 1) The existing crosswalk on the north leg of the intersection of Euclid Street and Sixteenth: Street h'e reinstalled by using.reflectors to' delineate the transverae'.crosswalk lines; 2) A work authorization be sent:to Southern CalMornia~Ec~is.en Company to change the two existing 11, 000 lumen street lights on the west side of Euclid' Street to Z0, 000 lumen and to install a new 20, 000 lumen street light on a temporary wooden pole on the east side of Euclid Street at Sixteenth Street; and 3) The intersection of Euclid and Progresso Streets be channelized to create a right turn lane for north- bound to eastbound traffic; and 4) A study be undertaken to explore costs and methods of widening the east side of Euclid Street at this location. CITY CQUNCIL MINUTES 446 DECEMBER 4, 1972 CITY MANAGER' S ABSENCE The City Manager' s absence from the Council Meeting was afithorized in accordance with Charter Section 503 on motion of Councilman Herrln, Seconded by Councilman EvanS;' and unanimously approved. ~ ORAL COMMUNICATIONS Councilman Evans referred to VIOLENCE AT SANTA ANA BOWL an article in The Register : the previous Sunday ~ntitled "Young Toughs Giving Bowl Bad Name". He stated that several people have told him about one boy who had ended up with a skull fracture and other injuries, .and that there was insufficient police protection at the Santa Aha Bowlrin connection · with athletic events~ that he would like a complete report by the staff as to circumstances surrounding various incidents that have taken place at the bowl; that the incidents make the city look Bad; that the police are not given the proper direction or they are not putting enough policemen at the~ area; and that if something is not done about it, all athletic events will have to be held during the daytime. Councilman Yamamoto suggested that parents should be interested enough in the problem to do something about it and that the city cannot afford additional policemen in that area; ORAL COMMUNICATIONS Councilman villa referred to BUILDING CODES the public hearing to be held , . that evening on Agenda Item 72 concerning the adoption of an ordinance regarding dangerOUs buildings and pointed out that which states Beverly Hills has an ordinance made up of one sentence only in effect that no building shall be neglected or allowed to deteriorate to the detriment or the downgrading of the value of surround- ing property. The City Attorney responded that he would hesitate to recommend the adoption of such a brief ordinance in that it gives too much discretion to whomever is r'esponsible for enforcement of the ordinance; that the ordinance before the Council for adoption consists of twenty-four pages which give specific definitions and excludes discretion by,the enfo'rcement agency; that vague ambiguities do not stand up against constitutional attack; that the City Manager had instructed one of his staff to review ordinances of other cities for purposes of finding one which could be recommended for adoption. ORAL COMMUNICATIONS Councilman Herrin stated ARTICLE RE TAXATION that he had requested the Clerk to distribute to Council copies of an article entitled "The Power to Tax is the Power to Destroy" written by E. F. W. Wildermuth, a member of the New York Bar and asked that Council read and discuss it with him at their convenience. CITY COUNCIL MINUTES 447 DECEMBER 4, 1972 ORAL COMMUNICATIONS In response to CoUn'eilms/n COUNTY SANITATION FEES Patterson's inquiry regarding .... the status of-flie ordinance increasing County Sa~lita~ion Districts fees, Councilman Herrin stated that a public .hearing on. the ordinance ,would probably be held sometime in January at which time the.fees and annexation charges ~vill be established. ORAL COMMUNICATIONS Councilman Patterson INTERGOVERNMENTAL COUNCIL reported that the Intergovern- mental Council of Orange County Committee did not adopt the City Council' s suggestion (minutes of November 2, 1972) for a proportional voting system based upon relative population, but held to the method of one city-one vote with a maximum membership fee~ o£ lZ per cent of the city total budget. WA~tD~RE'ALIGNI~ENT : ,. :. Councilman Patterson referred , ,,- ,. to:.~ recent, le.tter-~frora Senator ,- : :: Mervyn Dymally regar;ding-the method:.~f: realigning .the City Ward boundaries, r The City ,Attorney explained that the law now requires that the population of each War, al.be '.equal based on the 1970 Census data. NATIOI~/AL LEAGUE OF CITIES -, , MAYOR'S' CONFERENCE NOVEMBER 26-30, 1972 Councilman ,Markel reported on his attendance at the National League of-Cities Conference. EXECUTIVE SESSION At 4:10 P.M. the Mayor ' announced that the Counci! · ,, wcafld adjourn to an Executive See sion foe a report from the City Attorney,rega, rding pending legal .matter s. RECESS At 4:30 P.M.-.~ the meeting - - was .recessed to 7:30 ~.M., at whieh time .it was reconvened with all Councilmen present. Following the Pledge of Allegiance to the Flag, the Invocation was given by The Reverend Clarence Johnson of the First United Methodist Church. PUBLIC AUCTION The.~i_ayor announced the sale SALE OF CITY OWNED of real property located on the REAL PROPERTY north side of Fifth Street, · ~ east ~side of Ross Street (Surplus,,Property Repoet 7Z~2.?),~ and.a~ked~ the Clerk if-she had received any sealed bi<ts. ~he Cler. k stated that she had received too,sealed bids~ however, a bad in the. anmount of $15,100.00, the mirdrn~-n, sale p.rice, had been received from John Neil Stanley, 512 First Western Bank Building. The Ma~or called for additional' bids, and stated that they must exceed the previ6us'61d b~ on? per C~n~. Mr. Albert Nel~6'n, 41:3 West 5th street; bid $15,' 500~ 00. CITY COUNCIL MINUTES 448 DECEMBER 4, 1972 PUBLIC AUCTION - (Continued) The bidding continued alternately between Mr. Stanley and Mr. Nelson, each increasing by one per cent. Mr. Staniey's ~final bid, in the amount of $21,116.D0 was accepted when Mr. Nelson stated that $20~ 906.00 represented his final bid and there was no response to the Mayor's three calls for additional bids. The Mayor declared the. property sold to Mr. Stanley and instructed him to deposit 10 per cent of the total bid, in the ·form of a cashier' s check ~r cash, with the Clerk of the Council. The Clerk then issued a receipt to Mr. Stanley. ,. PUBLIC HEAI~ING The Mayor opened the public- SPECIFIC PLAN STREET hearing concerning the ALIGNMENT #45 proposed re-alignment of · Ritchey Street and Wil~hire Avenue in that area of the City bounded on the west by Lyon Street, on the north by McFadden Avenue, on the east by the Newport Freeway, and on the south by Edinger Avenue, and requested staff to present their r ecommendation s. - ~ John Stevens, the Assistant Director of Public Works, stated that the Division of Highways is proposing the upgrading of the Santa Ana/Newport Freeways interchange.which, will provide a long on-off ramp; that the expansion of the interchange would so align the ramps that they will no longer.bM close enough to the center to get from one freev~y to the other and still make the next off-ramp and that some off-ramps will be deleted including the off-ramp from the Santa Aha Freeway to the Newport Free- way and the McFadden off-ramp, which will be extended all the way to Edinger;' that traffic desiring:to leave the freeway before will get off at 4th Street; that there is a development of multi-dwelling units along Warfner, .McFadden,' and in the Tustin area; that there is a considerable need for north-south streets to take care Of traffic that will get off at 4th or that will continue to Edinger; that the proposal is to re-align Ritchey at the northerly point so that it comes into alignment with Williams; that three alternate.proposals were heard by the Planning Commission and they recmmrnended~Alternate C which is the proposed alignment; that the pro- posed alignment has beenendorsed by the City of Tustin which plans to expand and Widen Williams Street; that much of the ~rea involved is not developed and that it is advantageOus for developers to be informed well in advance of their plans of p~oposed stree~ alignments; and that no time schedule for construction of the roadway has been proposed. The Clerk reported ~io written corn-munications had been received. There were no proponents in the matter. Mr. Thomas McKnew, Attorney, representing Santa Fe Land Improve- ment Company, spoke in opposition to the street alignment, stating that the company he represented was the second largest owner of Property within S~nta Ana; that -in 1973,. it was- their intention to develop the property bordered-by McFadden, wilshire,. Ritchey and.Lyon; that-they Were facing interference with over 13 acres of their prop~rtF if the proposed alignment were adopted~ t hat they h~ye been in communication with the Division of Highways and have been advised that the proposed improvement to the CITY CO.U'NC'IL MINUTES 449 · DECEMBEI{ 4, 1972 PUBLIC HEARING - (Continued) McFadden off-ramp would not take place within the next ten years. 'Mr. McKnew distributed to Council a letter froni the Division of Highways dated November 30 tO Santa Fe Land Improvement Company, and showed Council pictures of an industrial complex in La Mirada, and indicated that the company planned a similar development some time in 1973, which would improve the industrial community of the City. He stated that to tie up their property for over ten years would preclude any investment on the property facing Ritchey bounded by williams, l{itchey and Lyons, and would ImPede any development of the area where the proposed street would intercept the property. Mr. 3ames W. Dickson, speaking on behalf of his father-in-law, Mr. I-Ioffman, spoke in opposition to the street alignment, stating that Mr. Hoffrnan strenuously objected to the plan in that it would cut his property into two odd shapes and severely damage the value of the p~operty both from the ~tandpoint of development and sale; and that Mr. Hoffman had owned and paid taxes on the property since 1912. The Director of Public Works stated 'that the proposed re-alignment provided an opportunity to do some transportation planning before it was too late; that when the surrounding areas started to develop, there would be a tremendous traffic problem at McFadden and Ritchey; that Santa Fe Land Improvement Company would not end up with a little parcel; that they would have a corner parcel a~ Ritdhey and Williams as they now had; that it Was trUe that Mr; Hoffman's property would be cut into, however, he would have more frontage and greater capacity for development. There were no further proponents or opponents, and the Mayor closed the public hearing. ' Councilman .He~-ri~'s maoti~m to receive and fH~ the Plauming Commission resolution recommending the alignment was seconded by Councilman VHla~ and,carried on the.*£ollowiug ~otl calt ,~cee: - ..- :: . ~. . AYES: Herrin, ¥illa, Yamamoto, Markel NOES: :,' : Evans'~ Griset, Patterson ABSENT:~ None . .: , : Prior to voting, Councilman yamarnoto stated that he could not go' along with cutting into a property owner's land as would be the case with Mr. Hoffman' s land. Mayor Griset stated that he believed that Mr. Hoffman's land could very well increase 'in value 4n that he would have frontage on both sides.,.',,' Councilman Markel state~ ~t he could not ~support the alignment at that time because there was no assurance that it would be needed. Counc/lman Vina~$tated~that the' Citer should sUpport dewelopment tha~ brings industry'/md employment into 'the City. Councilm~,~ Herrin. s~ated that, i/.the proposal wer. e fozt an arterial' street that would be very vital in bringing traffic off the freeway_, he :would. think it worthy of consideration but this was not the case. CITY COUNCIL MINUTES 450 DECEMBER 4, 1972 PUBLIC HEA-~ING - (Continued) Councilman Patterson, after inquiring about the possibility of realigning north of McFadden and receiving a negative response from the Director of Public Works, stated that he could see no alternative other than to adopt the proposed alignment, and that he Believed the added tra£flc to the area would increase business activity. RECESS all Councilmen present. At 8:30 P.M., a recess was declared. The meeting reconvened at 8:45 P.M. with PUBLIC HEARING The Mayor opened the public ORD. NS-il48 hearing for t.he consideration DANGEROUS BUILDINGS of ORDINANCE NS-1148, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING TO CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE BY ADOPTING VOLUME IV OF THE UNI- FORM BUILDING CODE, DANGEROUS BUILDINGS 1970 EDITION, which was ready for adoption, and requested staff to make recommendations. The City Attorney stated that there were about 17 specific designations to describe an unsafe:building in the proposed ordinance; and that in his opinion, and ha the opinion of the Director of Building, the definitions, while more explicit, were not more effective than the present building code, and provide land owners with precise definitions which eliminate confusion. He further stated that once the building official determines that a particular building is substandard according to precise code, then if the land owner does not agree, he can appeal to a five-man board which, ideally, would be composed of people in the building industry who are not employees of the citY; and that he recommended the adoption of the ordinance. Billy C. Hall, Executive Director of the Santa Ana City Center Association, stated that there had been much misunderstanding and lack of knowledge about the proposed ordinance; that to educate their people, a comparison between the old ordinance and the proposed ordinance had been made and forwarded to their Board of Directors; that the Board was satisfied with the proposed ordinance and withdrew any request for further extension of its consideration. Mayor Griset inquired of the City Attorney if the decisions of the five-man board would be subject to appeal to the City Council. The City Attorney responded that appeal to City Council would be from repair costs and demolltion costs only; for example, if the board would sustain the order of the Building Department that certain repairs be made and the owner refused to make the repairs, the Director of Public Works would have the right to have the work done and assess the owner for the charges. He further stated that the five-man board would be appointed by the City Council; that there was no provision in the code for appealing the board's decision to Council; and that people improperly treated by the board would have some recourse to Council through the process of Council Oral Communications. CITY COUNCIL MINUTES 451 DECEMBER 4, 1972 PUBLIC HEAi~ING - (Continued) Mr. Joe Gilmaker, 308 'West Fourth street, spoke in opp0siti~on tO the adoption of the ordinance, stating he commended the City on attempting to upgrade its buildings, however, he believed that an ordinance denying a prOperty 6wn~er or citizen right to appeal to the City Council before the removal of his building was not goo~; that he thought there were a.lqt of differences in 'the new ordinance--that the old ordinance consists of approximately three pages and the new one twenty-~0ur'pages;~ t~t it Was considerably expanded; and that sometimes p,eople were unable to corn, ply with the code for financial or other reasons. The Mayor closed the public hearing. ORDINANCE NS-1148'-ADDING T© CHAPTER'8 OF THE SANTA ANA MUNiCiPAL'cODE By ADOPTING vOLUME:IV OF 'TH~ UNIFORM BUILDING COI~E, DANG~,i~OUS BUIlDinGS 1970'EDITION was kdopted on motion of Councilman l~tterson, seconded by Co~nc¢lman Yarnamoto, and carried on the follOWing r011' call:vote: AYES: Patterson, Yamamoto, Villa, Griset NOES: Evans, Herrln, Markel ABSENT: None Prior to Voting~ d'°Uncilman Evins sia[ed tha~ he C°ul~d'n~)t SUpport'the proposed: ordinance Without'pr6vi~ions fbr appe~!ing tli~'b6ard's deC{sion to C dunciL ' PUBLIC ~{EARING BUS STOPS · The Mayor ripened ~he public hearing to consider any objec- tions to the bus stops recqm- mended by the Orange'County Trarrsit 'District; and requested 'a staff report 'and r~ecorn~endation. The clerk reporte.d that Council had received copies of ail Written corm~unicatlon~ recelve~ m-the matteT; The Director of Public Works stated on ~uly 24, 1972, an agreement had been approved by the City and the Orange County Transit District which p~vided in part that the City would provide necessary bus stops and maintain them; and that his department had been working with the Transit District to establish these stops; that on November 6, 1972, Council had a~proved the expansion of a number of bus routes and the re-alignment of some existing routes' and ~that'~De6~mber il; '-1972', was 'the proposec~ ,date for the initiation of the new service; that 321 bu~ s'tOps would Be es'tallish,ed, 21~6 of which were new stops; that a letter had been prepared and sent out to every business ~r home that would Be affected~by the bus stops pointing' out the 'need for servicing the cit'i~ens of the City 5y reducing %raffic congestion and air po lluti0,n, and urging the People to go along, with the stops, for the benefit of the community; He fur[her stated~that Out of 216 locations, ~)nlY 36 objections had been received; that those Objecting had been personally .contacted and in many cases adjustments were made leaving only24 locations where the'appr0v~l of'the property owne~ tenant had not been received; that no consideration-had'been gi~ren to m,.erety moving a particular stop 100 feet away in the hope of finding someone who would not object, since every effort had been made to place bus stops at locations that would provide a minimum of disturbance; that 16 of the 24 CItY COUNCI~'MINUTES 452 DEcEMBEi{ 4, 1972 PUBLIC HEARING - (Continued) objecti~n~ble~tQps.~we~e on arteria~ streats; that ~7 were on. residential streets; that the.matter must be considered in light of the overall benefit to ~h~entire community; tkat some curb parking must be sacrificed; and that,~f the City w_e~e going to have a bus.~systern, ~here must.be bus stops. The 'f011~wing .p~sons ~spoke in nppositien to the~.proposec~bus.~tops~ each objecting to a particular stop: A. E. Croteau, 423 S. Flower ...... ..... . ..... Louise L. Lewis, 130 N. Lyon Calvin F. Gates, 1600 N. Broadway Helen Seeber, 1406 S. Flower C. L. Hamilton, Camco Insurance, 716 S. Bristol, also speaking ~on behal~ ef t~alph M, endez, 712 S. Bristol. Ellen l~udey, Select Secretarial Service, 806 S. Bristol T.Wiens, Attorney at Law,. 2126 N. ~Towner St. ,. - . on behalf of Ann ~ohnson,~ 8D9 N.. Broadway :,... Cora Balch, 606 E. 1st B. G. Byrd, D.D~S.;,.-1326-S.. Bristol Florence Farry, 401 W. Sunflower Ave.. Daniel Engle, 2001 S. Van Ness Frank Farry, 401 W. Sunflower Ave. Those. objecting stated, that alternate locations were available that would interfere with no one; *l~a.t.there was insuf, flcient space for a bus to stop where proposed; that traffic flow would be impeded in some inst~nCes~ that the number of parking spaces would be reduced~ interfering with business in several instances; that bus stops encourage loitering; that tenants had threatened to move~ and that buses were noisy and their fumes were dist~st~fui Mr. Gene Donovan, the District Manager for the Orange County Transit District, stated that they had worked very closely, with_the City staff to establish convenient and safe bus stops; that where there had been a choice of putting a stop next to a front yard or a side yard, they had selected the side yard where pos sible; that they. had tried to avoid.moving .problems from one corner to another; and that when it had been a choice of a far-side stop or .a near-side stop, the lat.-side stop. had been chosen because .it was There-wer~ no further proponents or..opponents, .and the~Mayor closed the public hearing. . _ ,, - . ..... At ~0:,00 P.M., a.recess was declaredl, and. Coun~i/reconvened at 10~.10 . P.M. with att Councilmen present. Councilman V. illa' s mot~n to approve the establishment of bus_ stops in accordance with the rec°mmended..schedule, v~th the;exception of ,the 24 bus stops-being: objected to, so that. those otxjectin~ may have the benefit of further study on the particular ,bus stop to which ~ey object, was seconded, by Councilman Herrin, and car~ried on $~he following roll call vote: AYES: villa~,He~rin. Griset, Patterson, Markel NOES: Evans, Y, amarnoto ABSENT: None ........ CITY ,COUNCIL MINUTES 453 , I ,DECEMBEi{ 4, ~197Z PUBLIC HEARINGS CERTIFICATES OF PUBLIC CONYENt~NCE!AND t~EG.ESSI,~,y BLUE-WHITE CAB CO. AND QUICK CAB CO'. The Publi& hearings 'to consider the applications of Gordon P. Wiggins 'dba "Blue;White Cab Company~' and HarveF S. Cole dba "Quick Cab Company'" to ~operate ,33 and 20t~xicabs, respectively, in the City was continued fram the,prior Council meetings of November 20 and November 6, 1972; . The May~r announced that'the hearings would now relate to the consideration of the fitness, willingness :and ability of each of,the applicants; and that a separate consideration would involve the assignment of the 12 permits determined .by Council at its November 20 meeting to be the additional number of cabs required to satisfy public convenience and necessity in the City. He further stated that the hearings would not be combined and that it had been suggested that the hearings be continued to the following day at 6:00 P.M. Following discussion of the continuance, Councilman Herrin moved.tO proceed,with the hearings until 12:00 Midnight and if all the evidence had not been presented by that time, to establish a time and date later in the week.to continue the hearings when all the members of Council could be present. -Thc-motion was seconded by Councilman Yarnamoto and carried with Councilman Evans and Councilman Villa dissenting. Mr. Barry Michaelson, Attorney, 2122 North Broadway, representing Yellow Cab Company, requested that the police reports relative to both applications be made available to bi rn for review at this time. Mr. Scblegel and Mr. SteeL-nan, attorneys, representing Mr. Wiggins and Mr. Cole, respectively, consented to release of the reports and Mr. Michaelson stipulated that he would waive his right to object to proceeding with the hearing insofar 'as earlier availab41ity of the reports was concerned. Mr. Schlegel presented a resume of the proceedings and evidence previously presented. He stated that the confusion regarding the operation of the UTO Cab Company should be explained by Mr. Wiggins and as a preface to that he advised that Mr. Wiggins'dollars, cabs, dispatchers and equipment make up the UTO Cab Co., which has a permit to operate 10 cabs in the City. Mr. Schlegel also reminded Council that the police report now under consideration is the same report they had when the permits were granted to Blue-White Cab in February, 1972; and that the Company has operated generally in a very satisfactory manner since that time. He stated that the police reports, with very little exception, are total hearsay, opinion and conclusions and do not contain grounds for denial of fitness. He further stated that Mr. Wiggins has served the County well as evidenced by the letter from the Administrator of Orange County Hospital; that he had that day received a permit to operate taxicabs in the City of Tustin; and that he has the cabs, equipment, drivers, location, experience, financial ability, and desire to do business in the City. Mr. Wiggins related in detail his assodiation with Tustin Cab Company and UTO Cab Co. and their present status. Mr. George Brazier also described his relationship to Tustin, UTO and Blue-White Cab Companies. Mr. Paul Sheridan, a salesman and serviceman for radio equipment, described his satisfactory business relationship with Blue-White Cab C~mpany. ' CITY COUNCIL MINUTES 454 DECEMBER ~:, 1972 PUBLIC HEAi{ING - (Continued) · . Officer.t~obert A. Lacy, San~a Aha Police Deparhnent, summarized the content: of his background investigation report dated August 15, 1972, relative to the applicant, Gordon Wiggins. He stated that his report had failed ~o include four or five driving lic~mse suspensions, and that a supplemental, written report would Be provided to Council. Officer Lacy pointed out that the financial statement submitted by Me. Wiggins dated Nevember 23, 1971 was substantially the same as the one submitted 3uly 21, 1972, the only changes being the accounts payable and taxes; and that court ~ecords:indicate Mr. Wiggins' filed' bankruptcy on 3anuary 2-6; 1970. Offic'er.'Laey concluded hi//report by.revieWing the arrest record of Mr. Wiggins and evidence of drivers operating Blue;.White Cabs with0~t City drivers' 'permits .aS required by the Municipal Code. AD3OU'I%N~ENT . ' At 12:05 A.M. the meeting · . was adjourned to Thursday, ~ .' December 7, at 4:00 P.M., in the COuncil Chambers of tl%e City Hall Annex, on motion of Councilman PIerrin, seconded by Councilman Evans and carried with Councilman villa dissenting. Florence I. Malone Clerk of the Council CITY COUNCIL MINUTES 455 DECEMBER 4, 1972