HomeMy WebLinkAbout12-18-1972MINUTES OF THE ADJOURNED REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA
December 18, 1972
The meeting was called to order at 1:00 P.M. in the Council Chambers
of the City Hall Annex, 530 North Ross Street, with the~following
Councilmen present: Ray Villa, Vernon S. Evans, Wade Herrin, J.
Ogden Markel, Harry K. Yamamoto, and Mayor Lorin Griset. Councilman
Jerry M. Patterson arrived at 1:15 P.M. Also present were City
Manager Bruce C. Spragg, City Attorney James A. Withers, and Clerk
of the Council Florence I. Malone. Evidence of proper notice of
the adjourned meeting having been given was on file with the Clerk.
PUBLIC HEARINGS
CERTIFICATES OF PUBLIC
CONVENIENCE AND NECESSITY
BLUE-WHITE CAB CO. AND
QUICK CAB CO.
The public hearings to consider
the applications of Gordon P.
Wiggins dba "Blue-White Cab
Company" and Harvey S. Cole
dba "Quick Cab Company" to
operate 33 and 20 taxicab~
respectively, in the City were continued from the prior Council
meetings of December 12, December 7, December 4, November 20, and
November 6, 1972.
The Mayor announced that the hearings would continue to relate to
the consideration of the fitness, willingness and ability of each
of the applicants and summarized the previous proceedings.
Mr. Charles Schlegel, Attorney, 433 Civic Center Drive West, stated
that the police reports that had been presented to Council during
the hearings contained the same information that had been considered
by Council in February, 1972, when permits had been issued to Mr.
Wiggins; that Mr. Wiggins had gone to the Department of Motor
Vehicles Office in Santa Ana, and had received a letter from them
dated December 14, 1972, which clearly showed that no revocation
of driving privileges had ever become effective except for a
nine-day period in December, 1971; that Blue-White Cab Co. was
presently in operation in the County and had just been cleared
to operate 47 cabs and 42 drivers in Tustin; that there was no
reason for them to be outcasts in Santa Ana when they had qualified
elsewhere; that prior to February, 1972, Mr. Wiggins had met with
staff, as requested, to attempt to clear up certain items contained
in police reports and that each item had been thoroughly discussed.
Referring to the letter from DMV, Mr. Schlegel stated that all
items listed involved a single traffic accident; and that Mr. Wiggins
had never had his driver's license taken from him. Mr. Schlegel
reminded Council that the requirement of fitness is a specific aspect
of the Code; that Mr. Wiggins has been in business in Santa Ana;
that all cabs have been recently inspected to do business in Tustin,
and that he wants to do business in this community; that Blue-White
Cab Co. has not run the best operation in the City but there are
many businesses that have had trouble in growth and in organization;
that the problems of UTO had been fully revealed; that when Mr.
Wiggins had received the authority to do business in this community
he was the only one that had put in direct telephone lines; and that
Blue-White Cab Co. has operated in Tustin for six to seven years, in
Orange for 5~ years with six full-time permits and 20 occasional per-
mits, and in Garden Grove for four years with six permits.
CITY COUNCIL MINUTES
459
DECEMBER 18, 1972
Officer Brown, Santa Ana Police Department, stated that Officer
Lacy who had testified at the previous hearings was unable to be
present. He read to Council the Police Report dated December 7,
1972, prepared by Officer Lacy, which dealt mainly with Mr. Wiggins'
driver's license history.
The City Attorney presented three exhibits including a certified
copy of a conviction for operation of an unlicensed tax~ for an
arrest made on October 26, 1972 and its related police report;
and a copy of Referee's Certified Record of Proceedings in the
bankruptcy of Gordon P. Wiggins.
Mr. Barry Michaelson, Attorney, 2122 North Broadway, representing
Yellow Cab Company, requested of Mr. Schlegel that there be a
stipulation that all testimony given by Mr. Wiggins from the hearing
on November 6, 1972 to and including the present hearing would be
considered as given under oath. The City Attorney stated that there
was no requirement in the Code for testimony to be under oath;
however, Mr. Schlegel stated that his client would so stipulate.
Mr. Michaelson further stated that limited to the issue of fitness,
Council could not stamp its approval on the operation of Blue-
White Cab Co; and that comments brought in have been heresay,
offering facts upon which there was no proof.
HEARINGS CONTINUED The hearings were continued
to the Regular Meeting of the
City Council, 2:00 P.M.,
December 18, 1972, in the Council Chambers of the City Hall Annex,
on motion of Councilman Herrin, seconded by Councilman Yamamoto,
with Councilman Evans dissenting.
ADJOURNMENT At 2:00 P.M., the meeting
was adjourned on motion of
Councilman Herrin, seconded
by Councilman Yamamoto, with Councilman Evans dissenting.
Florence I. Malone
Clerk of the Council
CITY COUNCIL MINUTES
460
DECEMBER 18, 1972
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA
December 18, 1972
The meeting was called to order at 2:03 P.M., in the Council
Chambers of the City Hall Annex, 530 North Ross Street, with the
following Councilmen present: Ray Villa, Vernon S. Evans, Wade
Herrin, J. Ogden Markel, Jerry M. Patterson and Mayor Lorin Griset.
Also present were City Manager Bruce C. Spragg, City Attorney James
A. Withers, Director of Public Works Ronald Wolford, Acting Director
of Planning Charles C. Zimmerman and Clerk of the Council Florence
I. Malone.
RECESS
of the Housing Authority of
the City
At 2:04 P.M., the Council
recessed the meeting to
convene the Regular Meeting
of Santa Ana.
PUBLIC HEARINGS At 2:05 P.M., the Council
CERTIFICATE OF PUBLIC reconvened and the public
CONVENIENCE AND NECESSITY hearings to consider the
BLUE-WHITE AND QUICK CAB CO. applications of Gordon P.
Wiggins dba "Blue-White Cab
Company" and Harvey S. Cole dba "Quick Cab Company", to operate
33 and 20 taxicabs, respectively, in the City were continued
from the Adjourned Regular Meeting of December 18, 1972.
Mr. Michaelson continued his presentation, reminding Council that
it was not revoking permits previously issued to Blue & White Cab
Co.; that this was a new proceeding. He reviewed the series of
legal events that had transpired between Blue & White Cab. Co.
and Yellow Cab Co. over the previous months. He further stated
that the original granting of permits on February 7, 1972, which
was stayed by temporary restraining order on February 14, 1972,
should not be considered in Council's deliberations as to whether
or not Mr. Wiggins was fit for receipt of permits; that the Superior
Court had found that the February proceeding was null and void
because it did not meet the criteria of the ordinance; that at
the second hearing on August 21, after the Court had sent the
matter back to the City Council, Council voted 4-3 to deny grant-
ing permits to Mr. Wiggins dba "Blue-White Cab Co". He pointed
out that Mr. Wiggins has stated that he, personally, has cabs on
lease with UTO. He quoted Municipal Code Section 38-2 which
states that no person shall operate a taxicab owned or controlled
by him without first obtaining a Certificate of Public Convenience
and Necessity; that Mr. Wiggins has failed to operate within the
confines of the ordinance in that he has owned the UTO cabs since
mid-1970 and has had the opportunity to request permits but has
not done so; that the balance sheets in Mr. Wiggins'application did
not indicate whether or not they were prepared by a Public Accountant
or a Certified Public Accountant; that all of the information had been
provided in summary form and that it did not appear to be audited;
that one of the police reports indicated that the State Board of
Equalization had filed a Notice of Revocation of White Cab Company
and UTO, Inc., and there was no indication of reinstatement; that
all evidence indicates that Gordon Wiggins would not comply with
the ordinances in the City; that he has operated without a permit
throughout these hearings and illegally since August 21, 1972; and
that this shows an intent to operate outside the ordinance.
CITY COUNCIL MINUTES
461 DECEMBER 18, 1972
Mr. Michaelson offered into evidence a xerox copy of the Pacific
Telephone Co. Yellow Pages which indicated that Blue-White Cab
Co. is serving the City. He stated that the last date to accept
such an advertisement was September 13, 1972, at which time Blue-
White was not authorized to do business in the City.
In rebuttal, Mr. Schlegel stated that Blue-White Cab had been
operating legally due to pending appeals in Court; that his client
had been very candid about the UTO operation; that Yellow Cab
Co. has 38 permits but only has 20 cabs in operation and it is
not fair to have the permits tied up in this manner; that Blue-
White customers have been complimentary; that the serious aspects
of Mr. Wiggins' arrest record have been expunged; and that the
Council should make the finding that his client is fit and then
discuss the issuance of permits.
In rebuttal, Mr. Michaelson stated there is an outstanding judgment
against Mr. Wiggins for court costs arising out of litigation
between the two cab companies; and that the City Council should
not in any way abdicate its duty by referring to anything another
city has done.
There were no other proponents or opponents, and the public hearing
on the application of Blue-White Cab Co. was closed on motion of
Councilman Herrin, seconded by Councilman Markel, and unanimously
carried.
RECESS At 2:45 P.M., a recess was
declared. The meeting
reconvened at 2:55 P.M.
'with all Councilmen present.
Councilman Herrin's motion that a Certificate of Public Convenience
and Necessity be granted to Gordon P. Wiggins, dba "Blue-White Cab
Company," to do business and to operate taxicabs within the City of
Santa Ana, upon a finding in accordance with the provisions of
Municipal Code Section 38-2 et seq. that applicant is fit, willing
and able to perform such public service and to conform to the provi-
sions of the Municipal Code and the rules and safety standards
established by the City, based on due consideration by the Council
of the applicant's character, experience and responsibility, was
seconded by Councilman Villa, and carried on the following roll
call vote:
AYES:
NOES:
ABSENT:
Herrin, Villa, Evans, Markel
Griset, Yamamoto, Patterson
None
Prior to voting, Councilman Herrin stated that he was resentful
of the fact that Council is given the responsibility of singling
out one particular type of business for determination as to whether
or not a particular person is fit to operate that business; that
he did not support many of the things brought to his attention during
the hearings, however; and that it should be the responsibility
of someone else to hold them accountable for any undesirable acts
and not the City Council.
Councilman Evans stated that he had felt from the start that the
ordinance itself was insufficient in that it was difficult to
enforce and difficult to interpret; that the'ordinance does not
define such words as "fitness", "willingness", and "ability",
and that he personally resented the fact that Blue-White operated
within the City at a time when they had no aurhority to do so.
CITY COUNCIL MINUTES
462
DECEMBER 18, 1972
Councilman Yamamoto stated that in his opinion the proprietor of
a business should set a good example for his employees, and expressed
concern over the status of Mr. Wiggins and UTO, Inc.
Mayor Griset stated that he would be unable to support the motion
in that the evidence was replete that Mr. Wiggins had not acted
responsibly in the City; and that Mr. Wiggins had not been careful
in matters related to the law.
Councilman Villa stated that he believed that all the adverse
statements made against Mr. Wiggins during the hearings were
irrelevant and immaterial; that the filing of a bankruptcy pro-
ceeding means a person is down but not out; that Mr. Wiggins
should be commended because he has made a comeback and is back
in business; that Mr. Wiggins' record of operating taxicabs in
Tustin, Orange and Garden Grove proves that he is responsible as
far as operating a taxicab business; that Blue-White Cab Co. has
a right to do business like anyone else; that a monopoly in any
business tends to deteriorate service rendered to the public;
that competition puts you on your toes; and that Council should
not be concerned with the personality of Mr. Wiggins, but the
service he is going to render to the people of Santa Ana.
Councilman Patterson stated that many things had been overlooked;
that Mr. Wiggins had not shown in any way that he was fit to
operate in the City; that the bankruptcy filed by Mr. Wiggins had
creditors for a total of $90,000.00, ten or twelve of which were
judgments, and that was not just the normal bankruptcy; that some
of the Blue-White Drivers had failed to appear after being cited;
that the applicant has failed to show that he is fit.
Councilman Herrin's motion to proceed with the application of
Quick Cab Co., relating to the applicant's fitness, was seconded
by Councilman Villa, and carried with Councilman Evans voting NO.
With the consent of Mr. Norman E. Rudolph, Attorney, 113 Granada,
San Clemente, representing Quick Cab Co., Mrs. Sal Flores, 1229
South Cathy Lane, spoke in opposition to the application prior to
any other evidence being heard. She stated that Quick Cab Company
was guilty of involvement with the prostitution in the house next
door to her; that there are cabs coming and going at different
hours of the night and that it was difficult to raise children
in that atmosphere.
In response to an inquiry by the Mayor, Mrs. Flores stated that she
had observed cabs from all the cab companies at one time or the
other engaged in this activity, but most recently it had been
Quick Cabs.
By unanimous informal consent, Council referred the investigation
of her complaint to staff.
Mr. Rudolph stated that the willingness of his client to operate
in the City did not need elaboration because that was obvious;
that as to fitness and ability, Quick Cab had operated from
February of 1972 until they ran afoul of the talents of Mr. Michael-
son, the attorney for Yellow Cab; that Yellow Cab had 38 permits
and were using only 19 or 20 of them; that this would leave about
18 or 19 permits which should perhaps be thrown open for application;
that since Yellow did not use them and Quick could, Council might
consider combining them with the 12 available permits; that if UTO Inc.
were defunct, there were 10 additional permits, bringing the total
available to 40 or 41; and that Council had felt that 60 permits
were a reasonable number to serve the City.
CITY COUNCIL MINUTES
463
DECEMBER 18, 1972
The Mayor asked Mr. Rudolph to confine his statements to the subject
of fitness of his client.
Mr. Herman Snyder, Manager of Quick Cab Co., 620 North Grand,
stated that Quick Cab Co. owns 18 vehicles; that they were completely
equipped with radios and met the City required standards; that all
drivers are licensed by the Santa Ana Police Department before they
go to work; that Mr. Cole had seven or eight years experience in the
taxi business and is licensed to operate in nine cities adjacent
to Santa Ana; that they employ a full-time mechanic to service
their vehicles; that all bills of Quick Cab are currently paid;
and that there were no corporate problems.
Officer Brown, Santa Ana Police Department, read the report prepared
by Officer Lacy dated October 25, 1972, regarding the applicant.
Mr. Rudolph stated that the arrest referred to in the report dated
October 19, 1972, had been dismissed.
Mr. Michaelson, Attorney for Yellow Cab Co., presented a certified
copy of the minutes of the Municipal Court regarding the complaint
filed on March 9, 1972 for assault with a deadly weapon and reckless
driving. He stated that the minutes indicated that after a complete
jury trial, the jury found Mr. Cole guilty as charged; that a
Police Report dated August 15, 1972 had indicated that 15 out of
24 of the drivers for Quick Cab lacked permits to operate a taxi-
cab; that Mr. Cole and his attorneys had not participated in the
court action following the August 21 meeting, therefore, there was
no question that he had operated illegally in the City since that
date; that he has an office on Sycamore and Third; that he had
indicated "nonsense", in answer to one of the questions on his
application instead of answering the question, which shows lack
of intent to comply with the ordinance or rules and regulations
of the City; that the financial statements he had submitted had
not been audited; that he had not listed a judgment owed to Yellow
Cab; that Mr. Cole had rammed his automobile into the side of
another automobile on the freeway and that this was a critical
point since it was directly related to driving; and that the deed
had been done with an intent to harm another individual.
In rebuttal, Mr. Rudolph stated that he had not represented Mr. Cole
on the charge of assault and battery, but that Mr. Cole had committed
the act because the other driver had cut him off on the freeway;
that it had resulted in a misdemeanor conviction; that Quick Cab
Co. and Mr. Cole were ready, fit, and able and wanted to perform
a service in the City; that most other cities in Orange County
were satellite communities to Santa Ana and that it was almost
impossible to operate a cab company in Orange County without
operating in Santa Ana; that he believed Mr. Cole should be in line
for something other than 12 permits.
Mr. Harvey S. Cole, owner of Quick Cab Co., stated that he was
never arrested on one of the charges contained in the Police report;
that he had listed all pertinent information on his application; and
that he has supplied all additional information requested by the
City Attorney.
There were no other proponents or opponents, and the public, hearing
on the application of Quick Cab Co. was closed on motion of Council-
man Herrin, seconded by Councilman Markel, and unanimously carried.
Councilman Herrin's motion that a Certificate of Public Convenience
and Necessity be granted to Harvey S. Cole, dba "Quick Cab Co." to do
CITY COUNCIL MINUTES
464
DECEMBER 18, 1972
business and to operate taxicabs within the City of Santa Ana,
upon a finding in accordance with the provisions of Municipal
Code Section 38-2 et seq. that applicant~is fit, willing and able
to perform such public service and to conform to the provisions
of the Municipal Code and the rules and safety standards established
by the City, based on due consideration by the Council of the
applicant's character, experience and responsibility, was seconded
by Councilman Villa, and failed to carry on the following roll call
vote:
AYES:
NOES:
ABSENT:
Herrin, Villa Evans
Griset, Yamamoto, Patterson, Markel
None
Prior to voting, Councilman Evans stated that he believed the
ordinance should be reviewed so that any taxicab company not
operating within the law could be shut down, and suggested that both
taxicab companies should exercise some discretion and judgment
in the hiring of their drivers and that staff should use everything
in its power to enforce laws pertaining to taxicabs.
Councilman Yamamoto stated that Mr. Cole had lost his temper in the
incident on the freeway and could have caused a fatality; and that
it would be impossible for him to set a good example for his drivers.
Councilman Patterson stated that he was amazed that Council, after
hearing the evidence, could consider motions to approve the applica-
tions.
Mayor Griset stated that in his opinion, Mr. Cole had exhibited
more responsibility than Mr. Wiggins, but on the basis of his
behavior on the freeway, could not let Mr. Cole have a permit to
operate public transportation in the City.
Councilman Herrin stated that whether or not the applicants were
fit to drive a taxi themselves was not the same as allowing them
to do business in the City.
Councilman Villa requested more details about the freeway incident,
and the City Attorney stated that as he understood the facts, a
woman had testified that her automobile had been struck by Mr.
Cole's automobile six times, and that Mr. Cole had then left the
freeway without communicating with her.
Councilman Herrin's motion to consider the matter of distribution
of permits at the next regular meeting, and to refer it to staff
for investigation and recommendation, was seconded by Councilman
Evans.
Councilman Patterson stated that he did not think staff could
possibly know what Council wanted after all of the hearings.
Councilman Villa stated that he was opposed to the motion; that
Council had already decided that 12 permits should be issued and
that those 12 should be issued to Blue-White Cab Co.
Councilman Evans withdrew his second to the motion on the floor,
and seconded Councilman Villa's motion that 12 permits be granted
to Blue-White Cab Co. The motion failed to carry on the following
roll call vote:
AYES:
NOES:
ABSENT:
Villa, Evans, Herrin
Griset, Yamamoto, Patterson, Markel
None
CITY COUNCIL MINUTES 465 DECEMBER 18, 1972
Prior to voting, Mayor Griset stated that he could not support the
motion until he knows what will happen to the 10 UTO, Inc. permits.
Councilman Markel stated that he opposed the motion and that staff
should bring back a recommendation.
Councilman Yamamoto stated that he could not support the motion
and that he also wanted a staff recommendation.
Mayor Griset announced that in the absence of any firm direction
from the Council, the matter of distribution of available permits
would be considered at the next regular Council meeting.
RECESS
reconvened with all members present.
At 4:05 P.M. a five-minute
recess was declared. At
4:15 P.M. the Council
RECESS FOR HOUSING
AUTHORITY MEETING
reconvened at 4:30 P.M.,
At 4:15 P.M. Council recessed
to continue the Housing
Authority Meeting and
with all Councilmen present.
MINUTES The Minutes of the Regular
Meeting of December 4, 1972
were approved as submitted,
on motion of Councilman Herrin, seconded by Councilman
Patterson, and unanimously carried.
CONSENT CALENDAR The following Agenda items
removed from the Consent
Calendar: Items 7C and 7D
requested by Councilman Evans; Item 5 D requested by Councilman
Yamamoto; and Item lA requested by Councilman Markel.
On motion of Councilman Herrin, seconded by Councilman Patterson,
and unanimously carried, Council affirmed the recommended action
on the following Consent Calendar items:
BID CALLS
for bids on the
following:
Approved plans and
specifications, and
authorized advertisement
PROJECT 7021 - Paint One Million Gallon Elevated
Tank; opening date January 16, 1973.
PROJECT 7027 - Construct Bowers Museum Building
Addition; opening date February 21, 1973, at
2:00 P.M.
CITY COUNCIL MINUTES
466
DECEMBER 18, 1972
CONSENT CALENDAR - (Continued)
BID AWARDS
responsible bidder:
Awarded contracts as
follows on the basis of
lowest, best and most
PROJECT 3025 - Construct sanitary sewer in
Valencia Street from Virginia Avenue to
Memory Lane. Awarded contract to Rogers &
Davies, Ontario.
PROJECT 6073 - Re-surface and re-stripe double
asphaltic concrete tennis court in Memorial Park.
Awarded contract to Moses Galluzzo, Santa Ana.
SPEC. 72-024 - 36,000 feet of Fire Alarm Cable
of two twisted pairs of #16 gauge, solid AWG
copper conductors, and two single $12 solid
AWG copper conductors, and 6,000 feet of Fire
Alarm Cable of six twisted pairs of #16 gauge,
solid AWG conductors and three single $12
solid AWG copper conductors. Awarded contract
to General Electric Supply Co., Anaheim.
AGREEMENTS
agreements:
Approved and authorized
the Mayor and Clerk to
execute the following
AGREEMENT FOR ARCHITECTURAL SERVICES -
Between City and Allen and Miller, Architects,
for development of plans and specifications
for Fire Station No. 6.
INDENTURE AND CONSTRUCTION AND MAINTENANCE
AGREEMENT - Between the City and the Southern
Pacific Transportation Company for the widen-
ing of Main Street north and south of the
Southern Pacific Railroad tracks in the
vicinity of Goetz Street.
TRAFFIC Received and ordered
filed report of control
devices removed or
installed December 1 through December 11, 1972, inclusive.
ALCOHOLIC BEVERAGE
LICENSE APPLICATIONS
Received and ordered filed
the following Alcoholic
Beverage License Applications:
PARK, Jin Bang, 421 E. McFadden Avenue, Person
to Person Transfer, Off Sale Beer & Wine.
CITY COUNCIL MINUTES
467 DECEMBER 18, 1972
CONSENT CALENDAR - (Continued)
MEHR, Donald E. 2225 S. Main, Person to Person
Transfer, Off Sale Beer & Wine.
SABA, Farah A. & Michael A., 2002 S. Flower St.,
Person to Person Transfer, Off Sale Beer & Wine.
KLUEWER, Francis X., 1561 E. St. Gertrude,
Original, Beer & Wine Importer.
CASE, Bethene N., 2601 W. Edinger, Person to
Person Transfer, On Sale General (Bona Fide
Public Eating Place).
GIRGIS, Nabil F., 2511 W. Sunflower, Original,
On Sale Beer & Wine (Bona Fide Public Eating
Place).
CIMINO, Salvatore A., 2612 Lighthouse Lane,
Original, Beer & Wine Importer.
and the City Attorney was instructed to file a protest
with the Alcoholic Beverage Control Board on the following
application because the location is within 300 feet of a
residential zone and is therefore subject to the Minor
Exception Permit procedure:
PETERSON, Kenneth, PURCELL, Robert L. &
TURNER, Joseph N., 70' North of 2533 S. Main
St., Person to Person Transfer, On Sale
General Public Premises.
SOLICITATION APPLICATIONS
Approved the following
solicitation applications:
THE ARTHRITIS FOUNDATION, ORANGE COUNTY BRANCH,
limited neighborhood door-to-door solicitation
by volunteers, to help finance grants for research,
treatment, rehabilitation, home care, arthritis
clinics and professional and lay education; from
February 1 to February 4, 1973.
ORANGE COUNTY HEART ASSOCIATION, door-to-door
solicitation, to raise funds to financially
support Heart Research, community service, and
educational programs; from February 1 to March 1,
1973.
MINOR EXCEPTIONS,
VARIANCES, AND
CONDITIONAL USE PERMITS
Received and ordered
filed the following
applications:
VA 72-78, SOMMERVILLE-CONZELMAN CO. &
ROLAND J. JENSEN - To allow office parking
to encroach 5 feet into the required 15-foot
front setback on Lyon Street, at 1665 E.
Fourth; APPROVED.
CITY COUNCIL MINUTES
468
DECEMBER 18, 1972
CONSENT CALENDAR - (Continued)
VA 72-79, WILLIAM DEAN HANSON - To allow an
existing room addition to remain, which has
created a 2' side yard, at 2418 Riverside
Drive; APPROVED.
CUP 72-21, BRIAN G. ~LARTMAN - To expand an
existing wrecking yard by adding a two story
office building at 665 Santa Fe Street;
APPROVED.
DEEDS, NO CASH Received and ordered
GRANTEE, CITY filed a report of No-Cash
Deeds accepted by the
City Manager, pursuant to Resolution #69-156, from
November 30, 1972 through December 13, 1972, inclusive.
DEEDS WITH CASH Approved the following
GRANTEE, CITY deed and authorized the
Mayor to sign all neces-
sary documents in connection with the purchase:
SWANSON, West side of French, south side of
Eighth Street, street purposes.
TENTATIVE PARCEL/ Approved the following
TRACT MAPS map subject to conditions
contained in the Planning
Director's report and waived the alley requirement:
TENTATIVE PARCEL MAP #779 - Filed by Income
Property Services creating three (3) C 1
parcels to be used for commercial uses,
located generally on the northwest corner
of Lincoln Avenue and 17th Street.
COMPLETION OF
IMPROVEMENTS
on the following:
Authorized release of
performance, monument,
labor and material bonds
TRACT #6311, north side of McFadden Avenue,
west of Harbor Boulevard.
CHANGE ORDERS
Approved the following
Change Order:
PROJECT 6066, CONSTRUCT TENNIS COURT - Ail
purpose Court and Plaza Sidewalk in Sandpointe
Park; requires additional concrete; Change
Order #1, increasing in the amount of $449.90.
CITY COUNCIL MINUTES
469
DECEMBER 18, 1972
CONSENT CALENDAR - (Continued)
SURPLUS PROPERTY
Declared surplus and
authorized the demolition
of the following property:
SURPLUS PROPERTY REPORT #72-28 for building
only located at 819 West 3rd Street and 305
North Flower Street, acquired in connection
with Project 1349 - Flower Street from Pine
to Santa Ana Blvd.
SURPLUS PROPERTY REPORT #72-29 for building
only located at 413-415 East 5th Street,
acquired in connection with Project 1350 -
East Interconnection at Mortimer Street from
Santa Ana Boulevard to 4th Street.
* * * * * * * * CONSENT CALENDAR FINIS * * * * * * * *
BID CALL On motion of Councilman
Yamamoto, seconded by
Councilman Patterson, and
unanimously carried, Council approved plans and specifications,
and authorized advertiseme~ for bids on PROJECT 7020 - Repair One
Million Gallon Elevated Tank; opening date January 16, 1973.
ALCOHOLIC BEVERAGE Councilman Evans' motion
LICENSE APPLICATION to receive and file the
following ABC application
was seconded by Councilman Patterson, and carried with Councilman
Yamamoto voting NO:
SELF, Barry C. & Joan B., 2037 S. Main St.,
Person to Person Transfer, On Sale Beer.
VA 72-80 Variance Application 72-80,
TOWNER MANUFACTURING filed by Towner Manufactur-
COMPANY ing Company, to construct
2 new industrial buildings
and to remove and remodel several existing industrial structures
on property in the R 1 District, at 2111 West 17th Street,
approved by the Planning Commission, was received and filed on
motion of Councilman Herrin, seconded by Councilman Yamamoto,
and carried with Councilmen Evans and Patterson voting NO.
VA 72-81 Variance Application 72-81,
CALIFORNIA TERRAIN filed by California Terrain
CORP. Corp., to construct a
nonprofit residential hous-
ing facility for the elderly, waiving required parking, private
open space, and height setback, at 1321-1405 North Flower Street
and at 1326-1416 North Garnsey Street, approved by the Planning
Commission, was received and filed on motion of Councilman Patter-
son, seconded by Councilman Herrin, and carried with Councilman
Evans voting NO and Mayor Griset abstainisg~,j~
CITY COUNCIL MINUTES
470 DECEMBER 18, 1972
Prior to voting the Mayor announced that he served on the Board
of Directors of Wycliffe, the sponsor of the development, however
that he could not gain monetarily from the transaction, and he
asked Council to determine if a conflict of interest existed.
Councilman Patterson's motion that the Mayor be excused from voting
on the matter was seconded by Councilman Villa, and unanimously
carried, and the Mayor absented himself from the Council Chamber.
Mrs. Janice Boer, 912 North Lowell, reminded Council of the fires
which have occurred recently across the country in projects
similar to the one being considered, and that she could not see
how Council could allow elderly persons to be put into high-rise
buildings.
The City Manager stated that the County of Orange had adopted for
the County new requirements which would be printed about mid-year
1973 as revisions of the 1973 Uniform Building Code, but that the
present code did not recommend that there be additional fire
safety precautions. He stated that the building would be 13
stories and that none of the residents would be under the age of
62. He further stated that one of the specific recommendations
the Fire Chief would require would be that the building have
sprinklers throughout. He concurred that in view of the life risks
and hazards involved, something additional should be done.
AGENDA ORDER
audience interested in those items.
Agenda Items 47 and 56 were
taken out of order to accom-
modate persons in the
READING WAIVED On motion of Councilman
Herrin, seconded by Council-
man Patterson, and unanimously
carried, the full reading of ordinances and resolutions, the titles
of which appeared on the public Agenda, was waived.
DOG KENNELS The letter dated December 11,
1972, from H. Lawson Mead of
the law firm of Miller,
Nisson and Kogler, on behalf of their clients, James and Mary
Henry, owners of Flomar Kennels, 921 South Lyon, was referred to
staff on motion of Councilman Evans, seconded by Councilman
Villa and unanimously carried.
RES. 72-129 RESOLUTION NO. 72-129
SELECT STREET CONSTRUCTION REQUESTING THE COUNTY
PROGRAM 1973-74 OF ORANGE TO INCLUDE WITHIN
THE ARTERIAL HIGHWAY FINANC-
ING PROGRAM THE DEVELOPMENT OF CERTAIN STREETS WITHIN THE CITY OF
SANTA ANA was adopted on motion of Councilman Patterson, seconded
by Councilman villa, and unanimously carried.
Prior to voting, Mr. Martin Scott, 2515 N. Main, representing
the Chamber of Commerce, urged Council to do everything possible
to complete the construction on the North Broadway overpass.
CITY COUNCIL MINUTES 471 DECEMBER 18, 1972
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ELECTRON
PRECINCTS
01
CERTIFIED ABSTRACT
of
STATEMENT OF THE VOTE
of the
County of Orange
State of (~aliforn a
cast at the
GENERAL ELECTION
held
NOVEMBER ?, 19'/2
State of California ~.
$$,
County of Orange
I, DAVID G. HITCHCOCK, Registrar of Voters of Orange County, do
hereby certify that the within is a true and correct Statement of the result of
the Votes cast in this county at the General Election, as determined by the
official canvass of the returns of the said election.
WITNESS my hand and Official Seal
THIS 22nd, DAY OF November . ~s,-t2
David G. Hitchcock REGISTRAR OF VOTERS
I
RECESS
with all Councilmen present.
At 4:55 P.M., a recess
was declared. The meeting
reconvened at 5:00 P.M.
RES. 72-124 RESOLUTION 72-124 OF THE
CROSSWALK- ROSS ST. CITY COUNCIL OF SANTA ANA
ESTABLISHING A MID-BLOCK
CROSSWALK ON ROSS STREET BE-
TWEEN SANTA ANA BOULEVARD AND CIVIC CENTER DRIVE WEST was adopted on
the unanimously approved motion of Councilman Herrin, seconded
by Councilman Patterson.
RES. 72-130
SPECIAL BOND ELECTION
NOVEMBER 7, 1972
IN SAID CITY ON NOVEMBER 7,
approved motion of Councilman Herrin,
Patterson.
RESOLUTION 72-130 OF THE
CITY COUNCIL OF SANTA ANA
DECLARING THE RESULT OF THE
CANVASS OF ELECTION RETURNS OF
SPECIAL BOND ELECTION HELD
1972, was adopted on the unanimously
seconded by Councilman
POOL TABLE APPLICATION Request from Donald Zinda
and Carl Giaconelli for
permit to operate a pool
table at the Elbow Room, located at 321 East 17th Street, was
granted on motion of Councilman Herrin, seconded by Councilman
Patterson, and carried, with Councilman Yamamoto voting NO.
AIR POLLUTION The Resolution of the Board
CONTROL of Supervisors of Orange
County dated November 14,
1972, soliciting the cooperation of all cities in the County in
improving air quality by means of strict enforcement by City
police was referred to staff for implementation on motion of
Councilman Herrin, seconded by Councilman Patterson, and unanimously
carried.
RES. 72-125 RESOLUTION NO. 72-125,
ASSESSMENT DISTRICT NO. 215 RESOLUTION OF THE CITY
(MAPLE/COLUMBINE) COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA,
MAKING FINDINGS ON PETITION AND WAIVER FOR ASSESSMENT DISTRICT
NO. 215 (MAPLE/COLUMBINE) was adopted on the unanimously approved
motion of Councilman Villa, seconded by Councilman Patterson.
RES. 72-126 RESOLUTION NO. 72-126,
ASSESSMENT DISTRICT NO. 215 RESOLUTION OF THE CITY
(MAPLE/COLUMBINE) COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA,
ADOPTING PLANS, SPECIFICATIONS, COST ESTIMATE, AND MAP OF THE
ASSESSMENT DISTRICT FORTHE CONSTRUCTION OF CERTAIN IMPROVEMENTS
IN ASSESSMENT DISTRICT NO. 215 (MAPLE/COLUMBINE) was adopted on
the unanimously approved motion of Mayor Griset, seconded by
Councilman Patterson.
CITY COUNCIL MINUTES 472 DECEMBER 18, 1972
RES. 72-127 RESOLUTION NO. 72-127,
ASSESSMENT DISTRICT NO. 215 RESOLUTION OF THE CITY
(MAPLE/COLUMBINE) COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA,
DECLARING ITS INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN
IMPROVEMENTS, TOGETHER WITH APPURTENANCES AND APPURTENANT WORK
IN CONNECTION THEREWITH, IN ASSESSMENT DISTRICT NO. 215 (MAPLE/
COLUMBINE); DECLARING THE WORK OR IMPROVEMENT TO BE OF MORE THAN
ORDINARY OR LOCAL PUBLIC BENEFIT, DESCRIBING THE DISTRICT TO BE
ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; DETERMINING THAT
BONDS SHALL BE ISSUED TO REPRESENT SAID COSTS AND EXPENSES;
FIXING A TIME AND PLACE OF HEARING OBJECTIONS TO SAID WORK AND
IMPROVEMENT OR TO THE EXTENT OF THE DISTRICT, OR TO THE PROPOSED
GRADES, AND GIVING NOTICE THEREOF was adopted on the unanimously
approved motion of Councilman Villa, seconded by Councilman
Patterson.
RES. 72-128 RESOLUTION NO. 72-128,
ASSESSMENT DISTRICT NO. 215 RESOLUTION OF THE CITY
(MAPLE/COLUMBINE) COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA,
DIRECTING THE CITY CLERK OF SAID CITY TO POST AND PUBLISH THE
NOTICE INVITING BIDS FOR PUBLIC IMPROVEMENT CONSTRUCTION WORK
AND DECLARING THAT THE PROPOSALS ARE TO BE OPENED AT A PUBLIC
MEETING AND REPORTED TO THE LEGISLATIVE BODY AT THE NEXT REGULAR
MEETING OF THE CITY COUNCIL AND APPROVING CONDITIONS OF BID was
adopted on the unanimously approved motion of Councilman Villa,
seconded by Councilman Patterson.
PROPOSED CHARTER REVISION Council considered the
COUNCIL CANDIDATE City attorney's report dated
RESIDENCE REQUIREMENTS December 14, 1972 regarding
the City and Ward residency
requirements for Council candidates, and determined that the
required residency for Council candidates shall be one year in
the City and six months in the Ward and instructed the City Attorney
to draft a Charter Amendment to that effect on motion of Councilman
Patterson, seconded by Councilman Villa, and carried on the follow-
ing roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Villa, Herrin, Yamamoto
Evans, Griset, Markel
None
Prior to voting, Mrs. Janice Boer, 912 North Lowell, stated that
the portion of the Charter which relates to a ward line splitting
up a precinct was redundant in that the State never sets up a
precinct that goes through a ward boundary line. She suggested that
this language be removed from the Charter.
CANDIDATES STATEMENTS Council considered the report
OF QUALIFICATION of the Clerk of the Council
APRIL 3, 1973 ELECTION dated December 13, 1972
recommending that Council
establish by minute order a policy relative to Statements of Qualifi-
cations costs to be incurred in the April 3, 1973 Election. Council~
man Patterson's motion to require a deposit of $100.00 from each
candidate choosing to have his Statement of Qualification printed
in English only or in English and Spanish, with the City assuming
responsibility for the balance of the costs, was seconded by Council-
man Villa, and carried with Councilmen Evans, Herrin, and Markel
dissenting.
CITY COUNCIL MINUTES 473 DECEMBER 18, 1972
Prior to voting, Councilman Herrin stated that he believed that all
candidates should bear the entire cost of their own Statement of
Qualifications.
ALCOHOLIC BEVERAGE Council instructed the City
LICENSE APPLICATIONS Attorney to file a letter
with the Alcoholic Beverage
Control Board withdrawing the protest ordered filed on December 4,
1972, on the following application because the location of the
premises is not subject to the Minor Exception Permit:
SALMERON, Antonio P. and Concha R., 1214 E.
Pomona, On Sale Beer, Original.
The motion was made by Councilman Herrin, seconded by Councilman
Villa and carried with Councilman Yamamoto dissenting.
ENCROACHMENT AGREEMENTS The Encroachment Agreement
between the City Western
Mobile Homes Resales, Inc.,
and Guy Bennett, to construct a sign at 1213 North Harbor Boulevard,
encroaching into the future public right of way was approved and
authorized to be signed by the Mayor and Clerk, on motion of Council-
man Patterson, seconded by Councilman Markel, and unanimously
carried.
The Encroachment Agreement between the City and Bank of America,
N.T. & S.A., to construct a sign at the corner of Bristol and
McFadden, encroaching into the future public right of way was
approved and authorized to be signed by the Mayor and Clerk, on
motion of Councilman Markel, seconded by Councilman Patterson,
and unanimously carried.
ORAL COMMUNICATIONS Councilman Evans inquiredof
the City Attorney as to the
status of his departmental
Time and Motion Study requested by Council on November 2, 1972.
The City Attorney stated that his office had been so busy that
they had not yet completed the study, however, that they would do
so in January.
Councilman Herrin then asked the City Attorney about the information
on downtown redevelopment that he had requested. The City Attorney
stated that they had available the table of contents of the code,
but planned to provide Council with a complete breakdown of the
various chapters of the redevelopment law, which contains over
100 pages, before the second reading of the ordinance at the next
Council meeting.
Councilman Villa commented on the need for a general clean-up of
the City, and suggested that various community organizations, spear-
headed by Let's Improve Santa Ana (LISA), and assisted by Great
Western Reclamation, could be very effective in cleaning up Santa
Ana. After some discussion, the matter was referred to staff for study.
AGENDA ORDER Councilman Patterson stated
that he would be late for the
evening session and requested
that Agenda Items 70 and 71 be considered last on the evening agenda.
CITY COUNCIL MINUTES
474
DECEMBER 18, 1972
Pursuant to Councilman Patterson's request, Councilman Villa's
motion to defer Agenda Items 70 and 71 for consideration as the
final evening agenda items was seconded by Councilman Yamamoto,
and carried with Councilmen Evans and Markel voting NO.
RECESS At 5:17 P.M., the meeting
was recessed to 7:30 P.M.,
at which time it was reconvened
with all Councilmen present except Councilman Patterson, who arrived
at 9:10 P.M. Following the Pledge of Allegiance to the Flag, the
Invocation was given by The Reverend Leslie Zimmerman, of Goodwill
Industries.
PUBLIC HEARING The Mayor opened the public
APPEAL $311 - CUP 72-22 hearing on Appeal #311 filed
S. V. HUNSAKER, JR. by S. V. Hunsaker, Jr. appeal-
ing the Planning Commission's
denial of CUP 72-22 to allow a motorcycle dealership in the M 1,
light industrial zone at 2110 E. McFadden Avenue.
The Acting Planning Director stated that the Planning Commission
had denied the application on a 4:3 vote and he reviewed the
Commission's Findings of Fact dated November 27, 1972.
The Clerk reported no written communications had been received.
Charles G. Schlegel, Attorney at Law, 433 Civic Center Drive West,
representing the appellant, stated that he also represented the
potential lessees of the premises who were potential Yamaha Motor-
cycle franchise holders; that he had spoken directly to two of the
Planning Commissioners who had voted NO on the application and that
they had indicated that if additional facts had been presented they
would not have voted NO; that Mr. Hunsaker was very conscious of
tenants of multi-uses in an area due to his family's activity in
building.
S. V. Hunsaker, Jr., 23492 Seaward Isle, Laguna Niguel, stated that
he had built several industrial buildings in the past few years;
one of which had been sold to Standard Oil for commercial use;
that the building that would house the proposed motorcycle dealer-
ship would have good colors, landscaping, and that Yamaha would be
a good tenant.
Mr. Schlegel stated that Mr. Hunsaker would not allow any use which
would be a detriment to his property; that they propose making a
room which is insulated and sound-proof for using a dynomometer
engine testing device so that there would be no disturbance to
surrounding neighbors; that variances had been granted in that
particular zone of Santa Ana; that there were light manufacturers
and other commercial activity both on Edinger and McFadden, including
Lorenzo's restaurant and service stations; that Yamaha had given area
requirements to his client in establishing a franchise; and that
it was virtually impossible to find a 7,000 square foot facility
to serve as a showroom and equipment room; that the requested use
falls into uses allowed by a Conditional Use Permit; that Xerox
has put in substantial requirements relative to appearance of the
building; that they had approved the plans and signing; and that if
the presentation he was then making had been presented to the Plan-
ning Commission an appeal would not be necessary.
There were no opponents to the appeal, and the Mayor closed the
public hearing.
CITY COUNCIL MINUTES
475 DECEMBER 18, 1972
Councilman Evans motion to grant the appeal and instruct the City
Attorney to prepare a resolution approving Conditional Use Permit
72-22 subject to conditions of approval contained in the Commission
report, was seconded by Councilman villa, and carried on the follow-
ing roll call vote:
AYES:
NOES:
ABSENT:
Evans, Villa, Herrin, Griset
Yamamoto, Markel
Patterson
Prior to voting, Councilman Villa inquired as to the amount of total
area involved and the amount of parking area.
In response, Mr. Hunsaker stated that the parking was laid out in
the M 1 use, and that there would be 20 parking spaces.
Councilman Yamamoto expressed concern about the noise created by
the motorcycle dealership in view of the existing apartments across
the street from the proposed location.
Councilman Markel stated thousands of dollars had been spent to
come up with zoning and a general plan and that trouble was being
experienced in Other areas of the City where the plan had been
varied; that the proposed business should be located downtown in
the M 1 area and should not be in an industrial area; and that the
area was one of the best industrial areas in the world.
PUBLIC HEARING The Mayor opened the public
APPEAL #312 - CUP 72-20 hearing on Appeal #312 filed by
RICHARD C. BRUCE Richard C. Bruce, appealing
the Planning Commission's
denial of CUP 72-20 to allow an auto wrecking yard, to include sale
of auto parts and usable metals, at 920 East Sixth Street.
The Acting Planning Director handed to Council for its review
the Planning Commission file and stated that the appellant~ was
not meeting requirements of the original Conditional Use Permit,
.and had filed this one seeking relief from some of them; that there
had been a strong denial based on the fact that there had been no
previous performance in terms of screening or making the facility
a better looking operation; and that he recommended Council uphold
the denial.
Richard C. Bruce, 19742 Verona, Yorba Linda, stated that he had been
in business at the location for approximately three years; that he
had not been able to replace a fence in a year's time because the
Building Department would not issue a permit until the land dedica-
tion and sidewalk construction conditions had been satisfied; that
there had been talk about abandoning Poinsettia; that he had been
told to wait; that he had talked with the Public Works Department
and that they had informed him that they might be making Poinsettia
Street a~50' wide street; that in his appeal he was only asking for
an extension of time to get started on his fence and the curb and
gutter along Poinsettia Street but postpone the sidewalk construction
for three years; and that he not be held down by three-year CUP.
Speaking in opposition to the appeal was Dr. Walter Flaherty, 1915
North Flower, who stated that he knew Poinsettia Street very well
in that he passed it once or twice every day on his way to the
Community Hospital; that Poinsettia is a very congested street,
accident prone, and littered with scrap paper.
There being no further proponents or opponents,
public hearing.
CITY COUNCIL MINUTES
476
the Mayor closed the
DECEMBER 18, 1972
Councilman Markel's motion to uphold the decision of the Planning
Commission and instruct the City Attorney to prepare a resolution
denying the appeal'was seconded by Councilman Yamamoto.
Councilman Herrin inquired as to the fate of the appellant's business
if the appeal were denied.
The Acting Planning Director stated that Mr. Bruce did have a valid
permit which had been granted in December of 1971; that he would
not have to leave the site, but would have to improve the fence and
debate the other issues; that in discussions with the Director of
Public Works, it was his suggestion that perhaps something could
be worked out, possibly posting a bond or cash in hand, and at the
end of the three years he could apply for a new variance.
The Director of Public Works stated that in his opinion, the Poinset-
tia improvements should go in immediately.
The Acting Planning Director stated that he did not believe that
Mr. Bruce had a business license; that he would first have to put
a fence around the parcel; that the Planning Commission had been
very distressed at the unsightliness of the site; that a year has
gone by; that they don't want to be the junk capital of Orange
County; that businesses have a tendency to point to the worst site
and say that they don't have to do better than that.
Councilman Evans stated that he was opposed to the motion, however,
he did not like to see the three-year period waived and that he
believed replacement of the fence to be an absolute necessity.
Mr. Bruce stated that he would have put a fence up, but that he had
not been able to obtain a building permit until he had put in a
sidewalk.
Mayor Griset asked staff if Mr. Bruce would be required to put up a
bond or some deposit to guarantee that the requirements would be met
within the three-year period.
In response, the Acting Planning Director stated that with respect
to Poinsettia, they could reduce the size of the street to 50' instead
of the required 60'
The Director of Public Works stated that he had been referring to
the present CUP, and that some of the conditions of the prior CUP
were involved.
Councilman Villa repeated what he believed the facts to be by
stating that Mr. Bruce was being compelled to construct a fence,
but conditional upon his constructing a sidewalk, since he would
not be issued a building permit without first constructing the sidewalk.
The Acting Planning Director asked if it would be possible to send
the matter back to the Planning Commission for an in-depth study
for sidewalk requirements so that the Commission could be
made aware of the definite time limit; when the street would be
improved; and when the work would be required.
Councilman Villa's motion to table the motion to deny the appeal so
that the Planning Commission could make an in-depth study of the
entire situation was seconded by Councilman Evans, and unanimously
carried.
CITY COUNCIL MINUTES
477 DECEMBER 18, 1972
WARD BOUNDARY
REALIGNMENT
ORD. NS-1151
The Mayor opened the public
hearing on ward boundary
realignment and requested
a staff report.
Assistant to the City Manager G. David Tayco stated that a recent
amendment to the Government Code required that chartered cities
that elect Council members by wards must apportion councilmanic
wards on the basis of equal population according to the 1970
Federal Census rather than equal numbers of registered voters;
that Ward 3 had approximately 15,000 population and Ward 7
approximately 28,000, a variation of 85%; that in order to
conform to State law, the boundaries must be realigned to
achieve nearly equal population in each ward no later than
January 31, 1973; that specific new ward boundaries incorporating
as few changes as possible and which maintained each Councilman
within his ward were proposed; that no ward boundary divided
a precinct; that natural boundaries and street lines had been
followed wherever possible; that the difference in population
between the largest and smallest ward was only 5.3%.
No one spoke in favor of the matter.
Dr. Walter Flaherty, 1915 N. Flower, stated that it would be
better for Council to defer action until after the proposed
ward boundaries had been published in the newspaper and asked
why Fifth Street had been made a boundary instead of Sixth or
Seventh.
In response, Mr. Tayco stated that block groups containing
approximately 1,000 people each had been used to determine popula-
tion and that Fifth Street happened to be the boundary of one of
the block groups.
Mrs. Janice Boer, 912 North Lowell Street, stated that she was
neither in favor of nor opposed to the realignment, but believed
that the proposed ward boundaries should have been published in
the newspaper, placed on the bulletin boards, and in other ways
made available to citizens in advance of the hearing and that
some people might be unable to run for Council if the realignment
had put them into a ward where there was no opening.
Councilman Herrin concurred with Mrs. Boer regarding the publica-
tion of the new ward boundaries before the hearing.
There being no further proponents or opponents the Mayor closed
the public hearing.
ORDINANCE NS-1151 CHANGING AND ESTABLISHING THE BOUNDARY LINES OF
THE WARDS OF THE CITY OF SANTA ANA passed to second reading on
motion of Councilman Evans, seconded by Councilman Villa,
and carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Evans, Yamamoto, Villa, Griset, Markel
Herrin
Patterson
PUBLIC HEARING
DOWNTOWN REDEVELOPMENT
ORD. NS-1149
RES. NO. 72-120
because of a request from Mr.
The Mayor announced that the
matter of the proposed down-
town redevelopment was not
a legal public hearing but
would be treated as such
Bill Croddy, 201 S. Broadway, con-
tained in his letter dated December 14, 1972, asking that Council
adopt an ordinance and resolution to create a redevelopment agency.
CITY COUNCIL MINUTES
478
DECEMBER 18, 1972
Mrs. Janice Boer, 912 North Lowell, requested that Mayor Griset
not participate in the hearing because she believed he had a con-
flict of interest as a~ landowner in the area.
The City Attorney stated that there was absolutely no conflict of
interest applicable since Council was considering the formation of
a redevelopment agency and not the adoption of any certain area
to be redeveloped.
Mr. Croddy stated that Santa Ana was a dying town where negative
thinking had prevailed; that boundaries and other details could be
worked out as the program proceeded; that he was not in favor of
a Federal Urban Renewal Program; that no one has come forth with
a better idea; and that there is a great deal of enthusiasm among
the downtown property owners for this proposal.
James Miranda, 1917 North Westwood, spoke in favor of the Redevelop-
ment Program, stating that the time had come to act and not simply
talk, and urging Council to take the necessary steps to start the
program.
Billy C. Hall, Executive Director of the Santa Ana City Center
Association, read a letter from the association in support of the
program and stated that he believed everyone was going to have to
get out and push for downtown redevelopment; and urged Council to
consider appointment to the commission of those individuals most
concerned with the City, the property owners.
Harold Gosse, Jr., Planning Commissioner, representing the Commission,
made reference to the Planning Commission's resolutions adopted
December 11, 1972, supporting the formation of a redevelopment agency.
Reverend Galal Gough, 2112 North Baker, of the Santa Ana Community
Congress, stated that he wanted to commend Mr. Croddy on the interest
he had taken; that it was exciting when a person from the business
community stepped forward in the manner Mr. Croddy had; that he
had visited a redevelopment area in San Bernardino where 100
businessmen had formed a committee to get redevelopment going;
and that he had seen a similar project in Tulsa, Oklahoma.
Ted Jessee, 1013 South Main Street, stated that he had resided in
Santa Ana for 38 years; that he believed the Civic Center represented
a tremendous asset that would act as a magnet to attract many types
of new businesses; that if the City failed to take advantage of
the program being proposed, the Council would not be able to look
themselves in the mirror; that he was certain Mr. Croddy was
interested out of plain love of Santa Ana; that there have been
many downtown problems created by trusteeship, elderly people,
absentee ownership, and tax write-offs; that some condemnation
was unavoidable; that a 50' lot would do a person no good; and
that good leadership was now available to do something about downtown.
Councilman Patterson arrived at 9:10 P.M.
Joseph Farber, of 2429 French Street, stated that he had lived in
Santa Ana since 1942; that he had given Anaheim advice not to
spend any money for downtown, and that mainly through his efforts
they had been fortunate enough to listen to him; that he believed
it would be a mistake to attempt the proposed program; that he had
as much interest in Santa Aha as any citizen; that he loved Santa
Ana; that he had come from New York where he had been the General
Manager of the third largest department store with 1,200 employees;
that the only way that success could be made in retailing today was
in a major department store where millions of dollars a year are
CITY COUNCIL MINUTES 479 DECEMBER 18, 1972
spent in advertising to bring people into the shopping center;
that there was no decent department store downtown; and that Santa
Ana must have major department stores to bring customers into down-
town.
Dr. Walter Flaherty, 1915 N. Flower, stated that there had been no
mention of federal funding; that it seemed like a grandiose plan;
and he questioned how much the program would cost and how it would
be funded.
Mayor Griset explained that the California Redevelopment Law made
it possible to freeze the assessments in a project area and that
when any increased assessments were made, the money would go to
the Redevelopment Agency and to the rejuvenation of the area which
is included in the project.
Joe Gilmaker, 308 W. 4th, read to Council excerpts from the California
Health and Safety Code, and stated that the free enterprise system
should accomplish redevelopment without government interference;
that the proposed ordinance was an open door to urban renewal;
that if the present Council did not start it, the succeeding one may;
that it meant condemnation of property and one private interest
over another; that it might be possible for taxpayers to become
responsible for the debts of the agency; that he felt Mrs. Boer's
statement about the Mayor's conflict of interest was well taken;
and that it was private enterprise that had made the City and County
great and that private enterprise should be given some encouragement.
Gertrude Rowland, 316 N. Van Ness, stated she and other residents
of the downtown area had worked hard to keep their property; that they
had fixed up their houses and paid their taxes; that she agreed
with Mr. Farber that when there were no major department stores
downtown, people will go elsewhere; that people risk getting a
parking ticket when they park downtown but could park all day in a
shopping center; and that she was very much against condemnation
and eminent domain.
Mrs. Boer stated that those opposing the redevelopment agency did
not have a chance at the meeting, but that they would take their
objections to Sacramento; that the implementing legislation was
never intended for application in Santa Ana; that a public hearing
should have been held in a large hall; that both sides should have
been presented; that a panic button was being pushed before the new
Council comes in; that the matter had been set just before Christmas
for the purpose of discouraging public interest; that many people
live in the City under the constant threat of condemnation; that
the commission to be established would end up owning the lease on
every piece of property in the area; that there had been no
petition signed by 20% of the affected owners; no certified mail to
people in the district;~that the ordinance would not be subject
to referendum if adopted; and that no member of the proposed agency
could be an elected official.
Councilman Patterson left the Council Chambers at 10:00 P.M. and
returned at 10:03 P.M.
Councilman Patterson's motion to close the public hearing was seconded
by Councilman Villa and failed on the following roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Villa, Yamamoto
Evans Herrin, Griset, Markel
None
Prior to the vote, Councilman Herrin stated that he was opposed to
the motion and that he believed it was Council's responsibility to
hear any information that is available.
CITY COUNCIL MINUTES
480 DECEMBER 18, 1972
Councilman Patterson stated that he was willing to hear what people had
to say, however, he did not care to hear people castigating either
the law or the Council.
Councilman Yamamoto stated that he believed Council had heard at
least once from each person who had something to say.
Councilman Evans stated that he was against the motion.
The Mayor announced that the hearing would continue.
Dr. Flaherty referred to the proposed Resolution 72-120, and inquired
about the boundaries referred to therein.
In response, Mayor Griset stated that the area referred to was the
survey area which would not necessarily become the project area;
that the project area could be a smaller area.
Mr. Croddy stated that Mr. Gilmaker had been at the first informal
meeting more than six weeks before; that he, Mr. Croddy, was only
asking Council to pass the resolution, get the commission formed,
and start the commission going; that he had never seen a condemnation
case where the owner had not gotten a fair price for his property;
that if assessments are to be frozen, it should be immediately since
assessments were going down every day.
T he Clerk read a letter dated December 18, 1972, from C. J. Segerstrom
and Sons and a letter dated December 15, 1972 from the Santa Ana
Chaml)er of Commerce, both in support of the formation of a redevelop-
ment agency.
There being no other proponents or opponents, the Mayor closed the
public hearing.
Councilman Herrin stated that he challenged the appropriateness
his being asked to make a decision on the matter without having
been provided with all the material.
of
RECESS
all Council members present.
At 10:30 P.M., a recess was
declared. The meeting re-
convened at 10:37 P.M. with
Mayor Griset stated that the problem of deterioration in downtown
Santa Ana had been going on for 20 years; that the plan which had
been presented under the California Redevelopment Law did not add
to the taxes, but used taxes already paid for redevelopment; that
property owners must be brought together to provide large enough
parcels of land to attract a large retail organization; and that
there was tremendous potential of improving property values in
downtown Santa Aha.
Councilman Evans asked if any consideration had been given to Mr.
Herrin's request.
Mr. Withers stated that Mr. Herrin had asked for a digest of the
entire code which was a difficult and time-consuming job.
Councilman Evans stated that he had received a copy of the 100-page
California law at a meeting.
Mayor Griset pointed out that the questions and answers which had
been received by all councilmen were a digest of the code and had
answered his critical questions.
CITY COUNCIL MINUTES 481 DECEMBER 18, 1972
ORDINANCE NS-1149, AN ORDINANCE OF THE CITY COUNCIL OF SANTA ANA
DECLARING THE NEED FOR A REDEVELOPMENT AGENCY TO FUNCTION IN THE
CITY OF SANTA ANA CONTAINING A DECLARATION OF THE CITY COUNCIL OF
SANTA ANA DECLARING ITSELF TO BE THE REDEVELOPMENT AGENCY was
passed to second reading on motion of Councilman Patterson, seconded
by Councilman Villa, and carried on the following roll call vote:
AYES: Patterson, Villa,
NOES: Herrin, Markel
ABSENT: None
Griset,
Yamamoto, Evans
Prior to voting, Councilman Patterson stated that the criticism had
been in a couple of areas; namely, 1) that it meant Federal Govern-
ment Urban Renewal; that it did not mean that; that it could, but
doesn't; and 2) that shopping centers downtown won't be successful
without a major department store; that available land was needed
so that there would be a large enough area to put in a major
department store.
Councilman Markel stated that $60,000.00 had gone down the drain
six years earlier in trying to solve the parking problems in the
downtown area.
Councilman Herrin asked if he could abstain from voting and the
Attorney advised that based on Section 105 of the Charter, he
could not abstain.
Mrs. Boer stated that she did not believe Councilman Patterson could
vote because he had not heard all of the evidence.
Councilman Evans stated that he would support the motion not because
he thought it was the answer to all of the problems, but he had
not heard anyone other than Mr. Croddy say anything positive;
that doing nothing is worse than trying something; that he hoped
that the members of the commission would be carefully picked; and
that private money would not be able to accomplish anything alone.
Councilman Herrin stated that he was sure there were many people who
had residences in the proposed area who did not want to move and
that there was no way he could justify the use of eminent domain to
force someone to leave their home no matter how much money they
received.
Councilman Villa stated that some attempt had to be made to bring the
downtown area back to life.
RESOLUTION NO. 72-120, A RESOLUTION OF~!~HE CITY COUNCIL OF SANTA ANA
DESIGNATING A REDEVELOPMENT SURVEY AREA FOR STUDY PURPOSES was
adopted on motion of Councilman Patterson, seconded by Councilman
Villa, and carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Villa,
Herrin, Markel
None
Evans, Griset, Yamamoto
PUBLIC HEARING The Mayor opened the public
CITY REVENUE SHARING FUNDS hearing to consider the City
FISCAL YEAR 1972-1973 Manager's proposed use of
City Revenue Sharing Funds
for the fiscal year 1972-73, presented in his memorandum to Council
dated November 29, 1972. The recommendation listed twenty-three
capital improvement items, totaling an estimated cost of $1,979,200.00
CITY COUNCIL MINUTES
482
DECEMBER 18, 1972
The City Manager stated that the total amount of Revenue Sharing
Funds to the City for the first full calendar year would be slightly
under one and one-half million dollars; that the guidelines for the
use of the funds are very broad; and that the City Council has wide
discretion in determining how the funds will be used.
Mr. Joseph Gilmaker, President of the Santiago Republican Assembly,
suggested that the Council implement a function to give some of
the money back to the taxpayers.
Mr. Harold Gosse, Jr., Planning Commissioner, representing the
Santa Ana Planning Commission, stated that the Commission generally
agreed with the proposed program, but urged diversion of the funds
for items 14, 15, 18 and 19 to the improvement and future develop-
ment of Birch Park, to improve lighting and to utilize land owned
by the City to extend the park to the south.
Mr. Ross Crane, 2336 Fairmont, stated that most of the staff recom-
mendations will add a great deal to the City; that he was happy to
see that a tennis center, a new branch library, and an addition to
Bowers Museum were included in the proposed allocations.
Mr. Jerry Peebler, representing the South Main Improvement Associa-
tion, suggested that the realignment of McFadden should be included
on the priority listing.
Others who spoke included:
Ron McDaniel, representing the Santa Ana Tennis Club and
the Santa Aha Racquet Club;
Carl Swartz, representing the Santa Ana Community Congress
and the Mabury Homeowners Association; and
Billy C. Hall, representing the City Center Association.
They recommended additional allocations for tennis court construction;
more parks and open space; and endorsed the Planning Commission's
plan for Birch Park; and a bicycle and pedestrian parkway parallel
to the old railroad track on Maple Street.
The Mayor closed the public hearing.
Following discussion of the various suggestions, the staff recom-
mendations set forth in the City Manager's memorandum to Council,
dated November 29, 1972, were approved, on motion of Councilman
Patterson, seconded by Councilman Villa.
The main motion was amended to delete recommended item numbers 6,
7, 10 and 13, on motion of Councilman Patterson, seconded by Council-
man Evans, and carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Evans, Villa, Markel
Herrin, Griset, Yamamoto
None
Councilman Evans requested that staff present further recommendations'
relative to use of the unallocated funds amounting to $333,000
(total amount of deleted items 6, 7, 10 and 13), including sugges-
tions for improvement of Birch Park and tennis center development.
Mayor Griset moved to reinstate item 13 (construction of parking
lot south of the new City Hall). The motion was seconded by
Councilman Patterson and carried on the following roll call vote:
CITY COUNCIL MINUTES
483
DECEMBER 18, 1972
AYES: Griset, Patterson, Herrin,
NOES: Villa, Evans, Markel
ABSENT: None
Yamamoto
Councilman Herrin moved to reinstate items 6 and 7 (sewer in Grand
Avenue between Santa Clara and Grovemont Street and sewer in
Fairview Street between Warner Avenue and St. Gertrude Place).
The motion was seconded by Mayor Griset and carried on the following
roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Griset, Yamamoto, Patterson, Markel
Villa, Evans
None
Councilman Villa moved to reinstate item 10 (Lawson Way construction
from Memory Lane to north City limits). The motion was seconded
by Mayor Griset and carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Villa, Griset, Herrin, Patterson, Markel
Evans, Yamamoto
None
LEAGUE OF CALIFORNIA CITIES Councilman Ray Villa was
ORANGE COUNTY DIVISION appointed to represent the
MEETING, DECEMBER 28, 1972 Mayor and the City at the
League of California Cities,
Orange County Division, Mayors' Selection Committee Meeting scheduled
for noon, December 28, 1972, at Friedemann Hall in the City' of
Orange, on the unanimously approved motion of Councilman Evans,
seconded by Councilman Patterson.
ADJOURNMENT
of Councilman Villa,
The meeting was adjourned
at 12:20 P.M., on the
unanimously approved motion
seconded by Councilman Evans.
Florence I. Malone
Clerk of the Council.
CITY COUNCIL MINUTES
484
DECEMBER 18, 1972