HomeMy WebLinkAbout11-05-1973MINUTES OF THE ADJOURNED REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA
November 5, 1973
An Adjourned Regular Meeting of the City Council of the City
of Santa Ana was convened at 12:20 P.M., by Mayor Jerry M.
Patterson, in Room 831 of City Hall, 20 Civic Center Plaza,
proper Notice and Posting having been accomplished, with
affidavits on file in the office of the Clerk of the Council.
The following Councilmen were present: John Garthe, Lorin
Griset, J. Ogden Markel, James E. Ward, Harry K. Yamamoto,
and Mayor Jerry M. Patterson. Vice Mayor Vernon S. Evans
arrived at 12:45 P.M.
The following members of staff were also present: City Manager
Bruce C. Spragg, City Attorney James A. Withers, Director of
Public Works Ronald Wolford, Assistant City Manager Thomas J.
Andrusky, Assistant to the City Manager G. David Tayco, Senior
Planner Edward Probyn James, Senior Planner Bill Daugherty,
and Clerk of the Council Florence I. Malone.
AGENDA ORDER
Area Study.
The Mayor suggested that
the meeting begin with
Agenda item 2 A - a
Presentation on the Logan
GREATER LOGAN Senior Planner Edward
AREA STUDY Probyn James summarized
the contents of his
report dated October 30,
1973, which set forth three alternative concepts for the Logan
Area arising from an in-depth study made by consultants Haworth/
Anderson/ Lafer, as well as input and reaction from the City
staff and from interested groups in the study area. The report
also stated that the land use plan and program were scheduled
to be presented to the Planning Commission on November 12, 1973.
Edward E. Haworth, of the consulting firm of Haworth/Anderson/
Lafer, 206 West Fourth Street, stated that they had attempted to
meet with all persons interested in the area and that they had
good ideas as to the general community reaction to the proposals
developed.
Ralph Castenada, a staff member of the firm, stated that they
were presenting three alternative concepts for the Logan Area:
Alternative I - Predominately residential with a
variety of industrial and commercial uses, excluding
Civic Center Drive East;
Alternative II - Combination of light and heavy
industrial uses and a variety of residential and
commercial uses, excluding Civic Center Drive East;
Alternative III - Similar to Alternative II, includ-
ing Civic Center Drive East.
CITY COUNCIL MINUTES 392 NOVEMBER 5, 1973
He related that questionnaires and interviews with 47 persons
indicated that
23 preferred Alternative I
7 preferred Alternative II
16 preferred Alternative III
Ten of the 47 who were residents preferred Alternative I.
Eleven of the 47 who were businessmen were divided in their
preference .
1 - Alternative I
4 - Alternative II
6 - Alternative III
Twenty-five of the 47 who were property owners expressed the
following preferences:
12 - Alternative I
3 - Alternative II
10 - Alternative III
There had been equal response (23) for and against the development
of Civic Center Drive East.
He also stated that meetings had been held with the Human
Relations Commission, the Planning Commission and the Industrial
Committee of the Chamber of Commerce and residents of the
area; that the residents preferred Alternative I, indicating that
complete relocation assistance and payments to the property owners,
as well as a buffer zone, would be required if Civic Center Drive
East were constructed.
He opined that basic policy decisions would have to be made,
together with the commitments necessary for their implementations,
to allow the people involved to begin to plan for their future.
Mr. Castenada stated that there were 16 acres in the area:
10 acres residential and 6 non-residential; that there are 137
residential units in the area with 130 occupied with a total
of approximately 500 persons; and that the present zoning is
M 2.
Councilman Evans arrived at 12:45 P.M.
Mr. Castenada continued, stating that approximately 27 house-
holds would be directly affected and would fall under relocation
assistance payments if Civic Center Drive East were developed;
and that, in his opinion, any program must be a gradual one,
slowly phasing out.the residential use over a period~of time
as units become vacant for various reasons.
Councilman Griset.stated that he felt input concerning the
redevelopment, activities needed to be brought into focus with
regard to the area.
Mr. castenada stated that they had a meeting scheduled with
the Community Redevelopment Commission.
Mr. Haworth stated that one of the major problems with a study
of the type they had been conducting was that things kept
happening during the study, and that Council could.make a land
use decision and wait until a more appropriate time.to decide
about the construction of Civic Center Drive East~
CITY COUNCIL MINUTES 393 NOVEMBER 5, 1973
Mr. Ray Villa, $09 S. Bristol, expressed concern about the
relocation of residents in the area, and stated that by
adopting Alternative I, the problem would only be perpetuated.
Alex Acevedo, 306 East Fourth Street, in response~to an inquiry
from Councilman Ward regarding property maintenance in the area,
asked why the City had not enforced the existing ordinances
with regard to the junk yard at 819 E. Washington.
The Mayor stated that the presentation had been~for Council's
information only, and that there was no need to take any action.
(CA 78.6)
AGENDA ORDER
Council informally
agreed to continue
with items under "New
Business" on the Agenda.
"SANTA ANA The Mayor stated that both
NEWS STORY" he and Councilman Markel
bad.requested that the
subject of the "Santa Ana
News Story" be discussed during the study session; that Council-
man Markel had wanted a letter addressed to him together with
his comments to go into a previous News Story, however, the
City Manager had felt that it should not go in because it did
not reflect the majority opinion of Council. The Mayor stated
that he had contacted some of the Council members regarding the
item as well as the City Manager. He suggested to Councilman
Markel that he could bring the item to the following Council
meeting and request approval for the item to go into the next
News Story.
Councilman Markel stated that his position was that the City
should not have the News Story, however, that since it did
exist, that minority opinions should be allowed.
Councilman Evans stated that he agreed that the letter requested
by Councilman Markel should not have gone in the News Story; that
he objected to all of the pictures of the Mayor in the publica-
tion as well as pictures of other Councilmen; and that there
should be more articles about the people of Santa Ana.
Councilman Ward stated that the News Story was for the City and
should be oriented toward the City; that he had had comments
from people all over town that they were being well informed.
Councilman Griset stated that he did not think that a minority
opinion should be expressed without the express direction of
Council, and that items of this nature should be brought to
Council for permission.
The Mayor expressed dissatisfaction with the blotchy appearance
of the most recent News Story and the fact that the pictures
had not been clear. He polled Council informally, and all
agreed that they preferred the white paper with the blue stripe
that had been used by the Gazette in their first publication
of the News Story.
The City Manager stated that there was eight times as much space
in the current News Story; that staff would be conscious of
striving for balance in the photographs; that any Councilman
wishing to write on a topical issue was welcome to do'so.
(CA 152.4)
CITY COUNCIL MINUTES 394 NOVEMBER 5, 1973
PRIORITIES OF GOALS The Mayor stated that he
OF BOARDS AND COMMISSIONS thought the subject of
priorities of goals of
boards and commissions
was a good one for Council to discuss, however, he felt they
should be taken individually.
By informal unanimous consent, Council agreed that each Board
and Commission should be asked to give to Council a summary of
its goals and objectives along with its priorities to be
considered at a later date. (CA 80.9)
ENFORCEMENT OF UNSAFE
BUILDINGS CODE (OLD
STRUCTURES)
buildings Code (old structures) be
that many old buildings within the
be torn down; that many businesses
Councilman Ward stated
that he had requested
that the subject of
enforcement of unsafe
put on the Agenda. He stated
City were hazards and should
located in older buildings
were being chased out of town when they were asked to bring
their buildings up to Code; that perhaps owners of older build-
ings could be given a moratorium if they would agree to tear
down their buildings at some definite future date; that they
should not be encouraged to put good money after bad in bringing
their buildings up to Code.
The City Manager stated that from a fire safety standpoint, all
commercial and industrial buildings in the City were inspected
annually by the Fire Department; that the Fire Department had
begun inspecting residences on a voluntary basis which was a
continuous basic upgrading, and that possibly that would be
an area where a program could be developed; that the present
program provided good control and was enforced to a high level.
The possibility of a moratorium as suggested by Councilman Ward
was referred to staff for report and recommendation to Council.
(CA 87)
POLICY MATTERS
of, such as travel expenses.
Councilman Garthe stated
that he believed there
were some Council policies
that he was not aware
The Mayor stated that Council policy in the past had been to
provide first-class air fare if the trip were over a minimum
number of miles, and if it were fewer miles, Councilmen were
paid mileage, at 9¢ per mile.
The City Manager stated that guidelines for staff travel expenses
had been developed about five years before, and that he would be
happy to distribute them to Council, although they probably would
not answer all of the questions.
Councilman Ward inquired as to when excursions were allowed or
encouraged.
The Mayor responded that it had generally been left up to the
individual Council member; that with regard to boards and
commissions, he felt the members should make application through
their Chairman so that it could come to Council and be pre-
approved; that he knew of no instance where a member had been
unable to justify his or her excursion.
CITY COUNCIL MINUTES 395 NOVEMBER 5, 1973
Mr. Ray Villa, Mayor's Manpower Representative, 309 S. Bristol,
stated that he had asked the City Attorney to give him an opinion
through the City Clerk as to whether or not the Mayor's Manpower
Representative should be reimbursed for conference expenses, and
inquired as to the policy of the Council, and whether or not it
would be up to the Mayor to give the okay.
The Mayor responded that he had had Councilman Ward go to a
meeting in Washington, D.C. in his place; that he was under the
impression that historically, the Mayor had the authority, but
that nothing written had come to Council.
Councilman Griset stated that he had obtained permission of
Council to have Tom McMichael go to Washington, and that everyone
on the Council had been in favor of it; that the Manpower funding
was completely separate from the City; that there was nothing
in the City budget with regard to Manpower; that if the Mayor
wanted Mr. Villa to attend-a, conference, it should be up to the
Mayor only, although Council should be informed.
The Mayor stated that he would like to have Council's direction
on the policy of his sending Councilmen in his place to con-
ferences; that he would not have sent Councilman Ward if he had
been aware that Council had not wanted him to - that he had felt
it was an important meeting that someone needed to.attend.
Zeke Hernandez, Chairman of the Human Relations Commission,
stated that the Commission was-concerned about expenses in
that there was no stated policy. The Mayor replied that guide-
lines would be developed.
By informal unanimous consent, Council agreed to further consider
policy matters at the next study session. (CA 80)
SANTA ANA
SPHERE OF INFLUENCE
This item was continued
to the next Study Session
by unanimous informal
agreement. (CA 78.4)
ORAL COMMUNICATION Ray Villa, 309 S. Bristol,
AFFIRMATIVE ACTION stated that he wished his
PROGRAM group could have met with
the City Manager prior to
the meeting regarding the Affirmative Action Program. He intro-
duced the following persons wishing to speak on the matter:
Mario Torres, Chairman of the Mexican-American FEPC
Advisory Committee;
Alex Acevedo, Mexican-American Manpower Advisory Committee;
Zeke Hernandez, Chairman of the Human Relations Commission.
Mr. Hernandez stated that they were concerned about affirmative
action; that the City Council had passed an Affirmative Action
Program on a 7 0 vote, however, the program was not being
implemented; that the Human Relations Commission wanted to see
a status report of what would be done in the very near future
to implement the program, including class orientation for
applicants, cultural awareness programs and workshops for
Department Heads; that through Manpower, possibly an Affirmative
Action Coordinator could be hired and paid with Manpower funds;
that in his opinion the Personnel Department did not have time
to devote to the program.
CITY COUNCIL MINUTES
396 NOVEMBER 5, 1973
The Mayor reminded those present that they had to adjourn the
meeting so that the Regular Council meeting could be convened
in the Council Chambers at 2:00 P.M., and he invited those
present who wished to speak on the Affirmative Action Program
to attend that meeting to continue with their presentation.
(CAS0.4)!
ADJOURNMENT
Council adjourned at
2:00 P.M., by informal
unanimous consent.
Clerk of the Council
CITY COUNCIL MINUTES 397 NOVEMBER $, 1973
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA
November 5, 1973
The meeting was called to order at 2:09 P.M. in the Council
Chambers of the City Hall, 22 Civic Center Plaza, with the
following Councilmen present: John Garthe, Lorin Griset,
Vernon S. Evans, J. Ogden Markel, James E. Ward, Harry K.
Yamamoto, and Mayor Jerry M. Patterson. Also present were
City Manager Bruce C. Spragg, City Attorney James A. Withers,
Senior Planner William Daugherty, Director of Public Works
Ronald Wolford, and Clerk of the Council Florence I. Malone.
MINUTES The Minutes of the
Regular Meeting of
October 15, 1973 and
the Adjourned Regular
Meeting of October 15, 1973 were approved as submitted, on
motion of Councilman Yamamoto, seconded by Councilman Ward,
unanimously carried, subject to the following correction
requested by Mayor Patterson:
and
Omit the word "entire" from the paragraphs on page 388 entitled
"Community Redevelopment Commission - Compensation" and "Human
Relations Commission - Compensation". (CA 131.2; CA 82.1)
ORAL COMMUNICATION The Mayor acknowledged
AFFIRMATIVE ACTION PROGRAM that there were persons
in the audience wishing
to present an oral
communication to Council who had not had the opportunity to
do so during the Adjourned Regular Meeting immediately preced-
ing the Council Meeting.
Ray Villa, Mayor's Manpower Representative, 317 South Bristol,
stated that the three gentlemen (Mario Torres, Alex Acevedo
and Zeke Hernandez) who wished to speak regarding the City's
Affirmative Action Program wanted to defer their presentation
until after they had met with the City Manager, and thereafter
would prefer to speak at a Council Study Session.
The Mayor suggested that the subject of Manpower/Affirmative
Action Program be placed on the next Study Session agenda.
(CA 50.4)
COMMUNITY REDEVELOPMENT
AGENCY
reconvened at 2:20 P.M.
At 2:16 P.M., Council
recessed to convene the
Community Redevelopment
Agency. The meeting
with all Councilmen present.
CONSENT CALENDAR
Councilman Markel; Items 5 A, 5 B, 5
by Councilman Yamamoto; and Item 1 B
The following Agenda items
were removed from the
Consent Calendar: Items
2 D and 3 A requested by
C, 5 F, and 5 G, requested
requested by Councilman Ward.
CITY COUNCIL MINUTES
398
NOVEMBER 5, 1973
On motion of Councilman Yamamoto, seconded by Councilman Garthe,
and unanimously carried, Council affirmed the recommended action
on the following Consent Calendar items:
BID CALLS
ment for bids
on the following:
Approved plans and
specifications, and
authorized advertise-
PROJECT 6079 - Asphalt Work at Prentice,
Figueroa, Memorial, Windsor and Heritage
Parks. (CA 89)
BID AWARDS
responsible bidder:
Awarded contracts as
follows on the basis of
lowest, best and most
SPEC. 73-022 - 40 12 gauge shotguns;
awarded to F. Morton Pitt, San Gabriel.
SPEC. 73-026 - 1900 feet of 1-1/2" Fire Hose;
awarded to Halprin Supply Co., Los Angeles;
- 1600 feet of 2-1/2" Fire Hose and
-1200 feet of 3" Fire Hose;
awarded to Wardlaw Fire Equipment Co., La Habra.
PROJECT 6076 Install ballfield lighting at
Cabrillo, Rosita and Adams Parks; awarded to
A & B Electric, Orange. (CA 89)
AGREEMENTS
agreements:
Approved and authorized
the Mayor and Clerk to
execute the following
SOUTHERN PACIFIC TRANSPORTATION CO. Agree-
ment for water main crossing in Raitt Street
at Alton Avenue. (A-73-62)
TRAFFIC Received and ordered
filed report of control
devices removed or
installed October 11, 1973 through October 31, 1973,
inclusive. (CA 18.3a)
ALCOHOLIC BEVERAGE
LICENSE APPLICATIONS
License Applications:
Received and ordered
filed the following
Alcoholic Beverage
THE KROGER CO., 910 West 17th Street, Off Sale
General, Person to Person Transfer.
THE KROGER CO., 2311 S. Bristol, Off Sale
General, Person to Person Transfer.
SAFEWAY STORES, INCORPORATED, 3861 South
Bristol, Off Sale General, Person to Person
Transfer.
LEONE, Giovanni N., et al., 140 South Grand,
On Sale Beer & Wine (BONA FIDE PUBLIC
EATING PLACE), Original. (CA 146)
CITY COUNCIL MINUTES 399 NOVEMBER 5, 1973
CONSENT CALENDAR - Continued
SOLICITATION APPLICATIONS
Approved the following
Solicitation Applications:
THE SALVATION ARMY, voluntary donations (street
kettles), to provide Christmas food, toys, small
gifts for needy families, shut-ins, and the
elderly; from November 23, 1973 to December 24,
1973, inclusive.
MUSCULAR DYSTROPHY ASSOCIATIONS OF AMERICA, INC.,
Door-to-door soliciting by volunteers, for patient
care and research; from November 6, 1973 to
December 31, 1973, inclusive. (CA 91)
VARIANCES, AND
CONDITIONAL USE PERMITS
and Findings of Fact:
Received and ordered
filed the following
Negative Declarations
VA 73-45, ROMAN CATHOLIC ARCHBISHOP OF LOS ANGELES
To maintain a church parking lot and basketball
court, on property non-contiguous to the main church
facility in the R 2 zone at 1315-1317 East Third
Street; APPROVED. (CA 13)
DEEDS, NO CASH Received and ordered
GRANTEE, CITY filed a report of
No-Cash Deeds accepted
by the City Manager, pursuant to Resolution #69-1S6,
from October 11 through October 31, 1973. (CA 155)
DEEDS NO CASH
GRANTOR, CITY
the Mayor and Clerk:
Approved the following
deeds and authorized
their execution by
VARIOUS OWNERS OF RECORD, west side Bristol,
north side of Santiago Creek, vehicular
access rights.
VARIOUS OWNERS OF RECORD, Yale, south of
Segerstrom; Carriage, east of Harbor;
Garry, east of Harbor, street purposes.
SOUTHERN CALIFORNIA EDISON COMPANY, north-
west corner of Ross & Santa Ana Boulevard,
electrical utility.
(CA 155)
TENTATIVE PARCEL/ Approved the following
TRACT MAPS maps subject to condi-
tions contained in the
Planning Director's report and waived the alley require-
ment on Maps 840, 841, 842, 8473, and 8450; received and
filed the Negative Declaration Forms:
TENTATIVE PARCEL MAP 831 Filed by Donald
W. Shaw creating two (2) M 1 parcels to be
used for industrial buildings, located
generally on the east side of Susan Street,
457 feet north of Segerstrom Avenue. (CA 25)
CITY COUNCIL MINUTES 400 NOVEMBER 5, 1973
CONSENT
CALENDAR - Continued
TENTATIVE PARCEL MAP 840 Filed by Kitay
Properties, creating two (2) C 2 parcels,
parcel #1 to be used for an automobile
repair garage and parcel #2 to be used for
commercial uses; located generally on the
south side of Westminster Avenue 1,867 feet
east of Harbor Boulevard; waiver of alley
requirement. (CA 25)
TENTATIVE PARCEL MAP 841 Filed by Southside
Investment Company creating two (2) M 1
parcels to be used for ingress and egress
for vehicular and pedestrian traffic, located
generally on the west side of Grand Avenue
920 feet south of Edinger Avenue; waiver
of alley requirement. (CA 25)
TENTATIVE PARCEL MAP 842 Filed by Irvine
Industrial Complex creating two (2) LM
parcels, parcel #1 to be used for a hotel,
restaurant and office building and parcel
#2 to be used for permanent landscaping
and Edison power lines; located generally
on the northwest corner of Dyer Road and Pull-
man Street; waiver of alley requirement. (CA 25)
TENTATIVE TRACT MAP 8473 Filed by Richard
Hunsaker creating eleven (11) M 1 lots to
be used for industrial uses, located generally
on the northeast corner of Alton Avenue and
Main Street; waiver of alley requirement. (CA 24)
TENTATIVE TRACT MAP 8450 Filed by the Earl
Development Co. creating fifteen (15) LP lots,
to be used for limited professional uses,
located generally on the southwest corner of
Fruit Street and Tustin Avenue; waiver of alley
requirement. (CA 24)
CHANGE ORDERS
Approved the following
Change Orders:
PROJECT 7027 Construct Charles W. Bowers
Museum Addition; increasing in the amount of
$1,619.66; Change Order No. 5. (CA 89)
PROCLAMATIONS
as follows:
Received and filed
the report of Proclama-
tions issued by the Mayor,
Fire Prevention Week - October 7 through October 13
Fish Week
October 14 to October 20
United States Day
United States Week
October 23, 1973
October 23 through October 29
Commending SER
October 16, 1973
International Toast-
mistress Month October, 1973 (CA 46)
* * * * * * * * CONSENT CALENDAR FINIS * * * * * * * *
CITY COUNCIL MINUI3ES 401 NOVEMBER 5, 1973
BID CALL PROJECT 7026 On motion of Councilman
FIRE STATION NO. 6 Ward, seconded by Council-
man Yamamoto, and unani-
mously carried, Council
approved the plans and specifications and authorized advertisement
for bids on PROJECT 7026, Fire Station No. 6.
Prior to the motion, a presentation was made by Ralph Allen,
Allen and Miller, Architects, describing the proposed fire
station facility. (CA 89)
BID AWARD On motion of Councilman
PROJECT 7027A Griset, seconded by Council-
man Yamamoto, and unanimous]~
carried, Council rejected
the bids on the following and authorized re-advertisement for
new bids:
PROJECT 7027A - Construct water and sewer services,
parking lot paving and planter irrigation system
at Bowers Museum. (CA 89)
AGREEMENT On motion of Councilman
MUTUAL FIRE RESPONSE Griset, seconded by
Councilman Yamamoto, and
unanimously carried,
Council approved the following agreement and authorized its
execution by the Mayor and Clerk:
MUTUAL RESPONSE - Agreement between the City and
the City of Fountain Valley for mutual response
between the Fire Departments of each city.
(A-73-61) (CA 64)
ALCOHOLIC BEVERAGE On motion of Councilman
LICENSE APPLICATIONS Garthe, seconded by
Councilman Evans, with
Councilman Yamamoto
dissenting, Council received and filed the following Alcoholic
Beverage License Applications:
VORPAGEL, Bari B., et al.,
Standard, On Sale General
Person to Person Transfer.
1638 South
(Public Premises)
WILLIAMS, Donald B., 2534 W. Westminster St.,
On Sale Beer (Supplemental to replace Original
dated 9-16-73), Original.
BEZARD, Amber A., et al., 316 North Harbor,
On Sale Beer (Supplemental to replace Original
dated 10-2-73), Person to Person Transfer.
CALLAHAN, James M., et al., 3601 West First
Street; On Sale Beer, Person to Person Transfer.
PHILLIPS, Dorine D., et al., 1521 N. Fairview,
On Sale Beer, Original.
(CA 146)
CITY COUNCIL MINUTES 402 NOVEMBER 5, 1973
READING WAIVED The full reading of
ordinances and resolu-
tions, the titles of
which appeared on the
public Agenda, was waived on the unanimously approved motion
of Councilman Griset, seconded by Councilman Yamamoto.
ORD. NS-1188 After discussion,
DISPOSITION OF ORDINANCE NS-1188
UNCLAIMED PROPERTY AMENDING ARTICLE V
CHAPTER 2, PART 2,
OF THE SANTA ANA MUNICIPAL CODE BY REPEALING AND RE-ENACTING
SECTION 2-?05 TO PROVIDE FOR APPROPRIATE DISPOSITION OF
UNCLAIMED PROPERTY, was tabled pending additional information
from staff, on motion of Councilman Markel, seconded by Council-
man Ward, and unanimously carried. (CA 4?; CA ?4)
ORD. NS-1189 AN ORDINANCE OF THE
CHARITABLE AND CITY COUNCIL OF THE
RELIGIOUS SOLICITATIONS CITY OF SANTA ANA PER-
TAINING TO THE REGULA-
TION OF SOLICITATIONS FOR CHARITABLE AND RELIGIOUS PURPOSES,
REPEALING AND RE-ENACTING ARTICLE II OF CHAPTER 26 OF THE
SANTA ANA MUNICIPAL CODE was passed to second reading on
motion of Councilman Griset, seconded by Councilman Yamamoto,
and unanimously carried. (CA 91; CA ?4)
ORD. NS-11?6 AN ORDINANCE OF THE
EXEMPTION FROM BUSINESS CITY COUNCIL OF THE
LICENSE TAO( CITY OF SANTA ANA PER-
TAINING TO EXEMPTION
OF CERTAIN NON-PROFIT ORGANIZATIONS FROM THE PAYMENT OF A
BUSINESS LICENSE TM, REPEALING AND RE-ENACTING SECTIONS 21-24
AND 21-25 AND AMENDING SECTION 21-40 OF THE SANTA ANA MUNICIPAL
CODE was passed to second reading on motion of Councilman Griset,
seconded by Councilman Markel,
(CA 65.6; CA 74)
ORD. NS-1190
PLANNING COMMISSION
COMPENSATION
and unanimously carried.
SANTA ANA MUNICIPAL CODE
OF THE PLANNING COMMISSION was passed to second reading on
motion of Councilman Griset, seconded by Councilman Evans,
unanimously carried. (CA 78.1; CA 74)
AN ORDINANCE. OF THE
CITY COUNCIL OF THE
CITY OF SANTA ANA AMENDING
SECTION 2-352 OF THE
INCREASING COMPENSATION TO THE MEMBERS
and
RES. 73-125 A RESOLUTION OF THE
VACATION CITY COUNCIL OF THE
PORTION OF ST. GERTRUDE PL. CITY OF SANTA ANA APPROVING
MAP AND DECLARING INTENTION
TO VACATE A PORTION OF THE SOUTH 5.00 FEET OF ST. GERTRUDE
PLACE (?0.00 FEET WIDE) EAST OF THE INTERSECTION OF STANDARD
AVENUE AND ST. GERTRUDE PLACE was adopted on motion of Council-
man Evans, seconded by Councilman Griset, and carried on the
following vote:
AYES: Evans, Griset, Markel, Garthe, Yamamoto,
Patterson, Ward
NOES: None
ABSENT: None
(CA 14)
CITY COUNCIL MINUTES 403 NOVEMBER 5, 1973
RES. 73-126 A RESOLUTION OF THE
VACATION - CITY COUNCIL OF THE
PORTION OF CHESTNUT AVE. CITY OF SANTA ANA
APPROVING MAP AND
DECLARING INTENTION TO VACATE A PORTION OF THE NORTH SIDE OF
CHESTNUT AVENUE FROM A POINT APPROXIMATELY 244 FEET TO 487
FEET WEST OF THE CENTER LINE OF GRAND AVENUE was adopted
on motion of Councilman Griset, seconded by Councilman Evans,
and carried on the following vote:
AYES:
Griset, Evans, Markel, Garthe, Yamamoto,
Patterson, Ward
NOES: None
ABSENT: None (CA 14)
RES. 73-127 A RESOLUTION OF THE
APPEAL NO. 323 CITY COUNCIL OF THE
HARLEQUIN DINNER PLAYHOUSE CITY OF SANTA ANA
OVERRULING THE DECISION
OF THE PLANNING CO~MISSION AND GRANTING APPEAL NO. 323 ON
CONDITIONAL USE PERMIT NO. 73-13 FILED BY THE HARLEQUIN DINNER
PLAYHOUSE was adopted on motion of Councilman Evans, seconded
by Councilman Yamamoto, and carried on the following vote:
AYES: Evans, Yamamoto, Garthe, Patterson, Ward
NOES: Markel, Griset
ABSENT: None (CA 13.4)
RES. 73-128 A RESOLUTION OF THE
SOUTHERN PACIFIC CITY COUNCIL OF THE
TRANSPORTATION COMPANY CITY OF SANTA ANA
GRANTING TO SOUTHERN
PACIFIC TRANSPORTATION COMPANY, A CORPORATION, ITS SUCCESSORS
AND ASSIGNS, A PERMIT TO CONSTRUCT, MAINTAIN AND OPERATE A
DRILL TRACK ACROSS YALE STREET SOUTH OF SEGERSTROM AVENUE IN
THE CITY OF SANTA ANA was adopted on motion of Councilman Evans,
s~conded by Councilman Griset, and carried on the following vote:
AYES:
Evans, Griset, Markel, Garthe, Yamamoto,
.Patterson, Ward
NOES: None
ABSENT: None (A-?~3-62; CA 29.12)
RES. 73-124 A RESOLUTION OF THE
ABANDONED VEHICLES CITY COUNCIL OF THE
CITY OF SANTA ANA
APPROVING PARTICIPATION
OF THE SANTA ANA POLICE DEPARTMENT IN THE DEPARTMENT OF
CALIFORNIA HIGHWAY PATROL'S ABANDONED VEHICLE ABATEMENT PROGRAM
was adopted on motion of Councilman Yamamoto, seconded by
Councilman Evans, and carried on the following vote:
AYES:
Yamamoto, Evans, Markel, Garthe, Patterson,
Ward, Griset
NOES: None
ABSENT: None
CITY COUNCIL MINUTES
404
(CA 47)
NOVEMBER 5, 1973
RES. 73-130 A RESOLUTION OF THE
PLANNING AND CITY COUNCIL OF THE
ZONING FEES CITY OF SANTA ANA
ADOPTING CERTAIN FEES
FOR SERVICES RENDERED IN CONNECTION WITH PLANNING AND ZONING
MATTERS was adopted on motion of Councilman Ward, seconded
by Councilman Yamamoto, and carried on the following vote:
AYES: Ward, Yamamoto, Garthe, Patterson, Griset
NOES: Markel, Evans
ABSENT: None (CA 65; CA 78)
RES. 73-131 A RESOLUTION OF THE
COMPENSATION FOR MEMBERS CITY COUNCIL OF THE
OF BOARDS AND COMMISSIONS CITY OF SANTA ANA
IL~TIFYING THE ESTABLISH-
MBNT AND SETTING THE RATE OF COMPENSATION FOR MEMBERS OF THE
BOARDS AND COMMISSIONS OF THE CITY - COMMUNITY REDEVELOPMENT
COMMISSION, HUMAN RELATIONS COMMISSION, PERSONNEL BOARD, AND
RECREATION AND PARKS BOARD was adopted on motion of Councilman
Griset, seconded by Councilman Ward, and carried on the follow-
ing vote:
AYES:
NOES:
ABSENT:
Griset, Ward, Garthe, Yamamoto, Patterson
Markel, Evans
None
RES. 73-129
SANTIAGO LIBRARY SYSTEM
(CA82.1;131.1;50.8;52.2;65)
A RESOLUTION OF THE
CITY COUNCIL OF THE
CITY OF SANTA ANA
AUTHORIZING THE EXECU-
TION OF AN AMENDED JOINT POWERS AGREEMENT BETWEEN THE CITY
OF SANTA ANA AND THE EXISTING MEMBERS OF THE SANTIAGO LIBRARY
SYSTEM AND ADDING THE ORANGE PUBLIC LIBRARY SYSTEM AS A
MEMBER OF THE SANTIAGO LIBRARY SYSTEM was adopted on motion of
Councilman Evans, seconded by Councilman Yamamoto, and carried
on the following vote:
AYES: Evans, Yamamoto, Markel, Garthe, Patterson,
Ward, Griset
NOES: None
ABSENT: None
(A-73-62;CA 56)
FLOWER VENDING PERMITS Council referred to staff
for a recommendation and
report at its next meeting
the letter from Jessee
B. Gibbs, Flower Shack, 908 South Harbor Boulevard, dated Octo-
ber 10, 1973, requesting specific public right-of-way sites to
be considered as possible floral vending sites, on motion of
Councilman Griset, seconded by Councilman Garthe, and unanimously
carried.
Prior to voting, Mr. Gibbs spoke on behalf of his request.
(CA 45.1; CA 65.6)
CITY COUNCIL MINUTES 405 NOVEMBER 5, 1973
HUMAN RELATIONS COMMISSION Council accepted with
regret the resignation
of James H. Miranda from
the Human Relations
Commission contained in his letter dated October 12, 1973,
on motion of Councilman Evans, seconded by Councilman Garthe,
and unanimously carried. (CA 131.2)
GREENBELT COMMITTEE Council accepted the
resignation of Theresa
A. Peterson from the
Greenbelt Committee
contained in her letter dated October 19, 1973, on motion of
Councilman Griset, seconded by Councilman Ward, and unanimously
carried. (CA 145.1)
ALCOHOLIC BEVERAGE Council agreed to reconside~
LICENSE APPLICATION the Alcoholic Beverage
PETITE AUBERGE, INC. License Application of
PETITE AUBERGE, INC.,
3800 South Plaza Drive; Person to Person Transfer (To corpora-
tion - Entire Stock of corporation owned by applicant), On Sale
General (Bona Fide Public Eating Place); on motion of Councilman
Evans, seconded by Councilman Ward, and unanimously carried.
On October 15, 1973, Council had instructed the City Attorney to
file a protest with the Alcoholic Beverage Control Board.
Following discussion, Councilman Evans' motion to receive and
file the Alcoholic Beverage License Application, and to instruct
the City Attorney to withdraw the protest, was seconded by
Councilman Ward, and carried with Councilman Yamamoto dissenting.
Prior to voting, Dennis Lloyd Geiler, Attorney at Law, 2172
DuPont Drive, Newport Beach, spoke in favor of the motion, on
behalf of Richard M. Geiler, owner of Petite Auberge. (CA 146)
RECESS
reconvened at 3:45 P.M. with all
discussion of the item continued.
During the discussion of
the foregoing item, a
recess was declared at
3:35 P.M. The meeting
Council members present, and
CERTIFICATES OF The Mayor announced that
CONVENIENCE AND NECESSITY it was the time and place
TAXICABS for the City Council to
consider the Report and
Proposed Decision of the Hearing Officer dated October 3, 1973,
on the applications for Public Convenience and Necessity to
operate taxicabs in the City filed by Gordon Wiggins dba
Blue-White Cab Company, and C & S Tours, Inc., dba Quick Cab
Company, and to further consider the written exceptions which
had been filed with the Clerk of the Council pursuant to Section
38-7 c of the Santa Ana Municipal Code, as follows:
Filed on November 1, 1973 and November 2, 1973,
respectively, by Pizer & Michaelson, Attorneys at
Law, on behalf of Glen Gaines, dba Yellow Cab
Co. (dated October 31, 1973 and November 2, 1973);
CITY COUNCIL MINUTES 406 NOVEMBER 5, 1973
Filed on November 2, 1973, by Schlegel, Friedemann
& Menke, Attorneys at Law, on behalf of Gordon P.
Wiggins dba Blue and White Cab Company (dated
October 30, 1973); and
Filed on November 2, 1973, by Ronald Steelman,
Attorney at Law, on behalf of C ~ S Tours, Inc.
The Mayor stated that Council would hear from all interested
parties who had filed written exceptions, and requested that
the remarks from each be limited to five minutes.
The City Attorney stated that his office had reviewed the Hearing
Officer's report and had found that it conformed with the
Municipal Code and complied with all of the procedures required
by the Code; that there was evidence to support the findings,
however, it was within Council's discretion to arrive at different
conclusions; that he would suggest that the excepting parties
direct their remarks to either the fact that no further taxis
were required or if required, why they qualify and the ones
that are in competion with them do not; that the remarks should
also be limited to additional items which could not have been
brought to the Hearing Officer, or that had occurred since the
hearing, or evidence that would encourage Council to come to a
conclusion other than that of the Hearing Officer; that there
should be a stipulation of all parties that C & S Tours is not
currently under franchise with the Orange County Airport to
provide transportation at that facility as had been erroneously
indicated in the Hearing Officer's report.
The Mayor stated that Council had reviewed the Hearing Officer's
Report and was ready to hear from the interested parties as to
any exceptions they took with the report, and inquired of the
Hearing Officer, Robert J. Polis, as to whether or not the
fact that C & S Tours was not currently servicing Orange County
Airport would have changed his decision.
Mr. Potis responded that it was correct that he had made an error
in hearing the evidence and had erroneously stated in his
report that C & S Tours was under franchise to the airport;
that while the issue was of some relevance~ that alone'would
not have changed any of his conclusions that were before Council.
The Mayor announced that Council would hear from representatives
of Yellow Cab Co., Blue-White Cab Co., and Quick Cab Co. in
that order.
Glen Gaines, owner of Yellow Cab Co., stated that his attorney,
Barry S. Michaelson, had not yet arrived for the hearing, and
the Mayor then invited testimony from Blue-White Cab Co.
Dennis V. Menke of the Law Firm of Schlegel, Friedemann & Menke,
One City Boulevard West, Orange, representing Gordon P. Wiggins
dba Blue and White Cab Co., stated that he did not make any
specific objections to any factual findings in the report, but
did object to'some of the conclusions; that Quick Cab Co. was
not operating under any permits in the City of Santa Ana, but
was operating illegally, not only in violation of the City
ordinance, but in violation of an order of the Orange County
Superior Court; that the claim by Quick Cab Co. that they held
permits in eight other cities was not correct; that before
Council allowed a third taxicab company to operate in the City,
it should first consider whether or not the existing operators
are willing to meet the need for taxicabs; that Blue and White
Cab Co. could, desired to, and was capable of meeting that
need, and there was no need and necessity for adding a third
operator within the City.
CITY COUNCIL MINUTES 407 - NOVEMBER 5, 1973
In response to a question from the Mayor, Mr. Menke stipulated
to the fact that C & S Tours, Inc. was not under franchise to
the Orange County Airport.
Norman E. Rudolph, President of C & S Tours, Inc. dba Quick Cab
Co., 133 Avenida Granada, San Clemente, stated that he had no
objection to any of the Findings of Fact; that C & S Tours had
been interested prior to October 1S in bidding on the Orange
County Airport Franchise, but had not done so; that their only
objection was to the ultimate findings of the Hearing Officer;
that they had no objection to a taxicab company not using all
of its permits in that there was almost always a time when a
cab would be out of service; that it would be difficult to
operate in the City with only eight permits as proposed; that
he had acquired the company on October 1, 1973 and had changed
the management; that Quick Cab Company had been operating for
three years, had permits in eight other cities, and had no
outstanding indebtedness; that Blue and White Cab Co. had filed
bankruptcy only four years before, had filed false financial
statements, and had bad check charges; that it was important
for his company to operate within the City of Santa Aha in that
the surrounding cities did not have sufficient population to
support a full-scale operation; that they desired twenty-two
permits, but could get by with 20 or IS, and had suggested
splitting the available permits with 13 for Quick Cab Co. and
2 for Blue and White Cab Co; that very good service could be
furnished with 13 permits.
In rebuttal, Mr. Menke stated that he would like Mr. Rudolph
to make a representation as to the eight cities where they were
licensed to operate; that they could not find even two cities
that said they had issued permits to C & S Tours, Inc. or to
Quick Cab Co.
Mr. Polis stated that he had found Quick Cab Co. to be fit and
able to perform according to the law; that he had reviewed the
Superior Court records with regard to the Court Order referred
to by Mr. Menke and had not found the applicant in violation of
that order; and that he had not been empowered with the authority
to seek independent evidence, and had taken into consideration
as fact the testimony given that Quick Cab Co. was licensed to
operate in eight other cities. (CA 26.5a; 26.7a; 26.1)
RECESS
present.
At 4:26 P.M., a recess
was declared. Council
reconvened at 4:32 P.M.
with all Council members
CERTIFICATES OF
CONVENIENCE AND NECESSITY
TAXICABS (CONTINUED)
Barry S. Michaelson, of the Law Firm of Pizer & Michaelson,
2122 North Boardway, representing Glen Gaines, dba Yellow Cab
Co., stated in response to a question from the Mayor, that he
would stipulate to the fact that C & S Tours, Inc. was not under
franchise to the Orange County Airport, and stated that Yellow
Cab Co. held that particular franchise.
Mr. Michaelson further stated that his client was in a different
position from the two applicants in that he had valid permits;
that all recent taxicab operations within the City fell into
two categories - A) Illegal operations by both of the applicant
CITY COUNCIL MINUTES 408 NOVEMBER 5, 1973
companies; and B) Legal and illegal operations by Blue and
White and legal operations by Yellow Cab Co; that there was
no necessity for additional taxicab permits to be granted; that
it was to the point where the operating companies were unable to
offer reasonable benefits, salaries or income to individuals
operating the taxicabs; that the reason his client had not been
using all of his permits was the fact that the other companies
were operating and picking up some of his client's potential
customers; that he felt there were some major weaknesses in the
Hearing Officer's report, even though the Hearing Officer had
done an excellent job in accepting the evidence and administrat-
ing the hearing; that C & S Tours, Inc. did not have a proven
ability to operate a taxicab company; that it was his under-
standing that the Court injunction against them was presently in
existence and that a contempt hearing had been scheduled; that
there were some technical problems with regard to the C & S
application - the major one being that the person upon whom they
rely is the same person who had been operating the company without
permits; that with regard to the Hearing Officer's statement in
his report that neither applicant had had sufficient time for
an audit of the financial record, in both cases, the financial
statements offered had not shown sufficient information to ascer-
tain financial status; that Quick Cab did not have approval to
operate in eight cities as they had stated, but rather only in
two cities which had just recently been obtained; that the
reference to cab-population ratios on page 9 of the Hearing
Officer's report was inaccurate in that the information had been
incorporated by reference from an out-dated application; that a
valid comparison could not be made with the City of Anaheim
because of the additional need for taxi service related to
Disneyland; that with three taxicab companies operating within
the City, service would be reduced because each company would
be using less cabs and spreading itself more thinly.
In rebuttal, Mr. Rudolph stated that his company had just
recently been granted permission from the City of Garden Grove
to operate in that city pending receipt of the necessary
insurance policy and license fees which had just been delivered
to the City of Garden Grove; that the other cities where they
held permits were Cypress, Brea, Yorba Linda, Placentia, Seal
Beach, La Palma and Orange; that C & S Tours, Inc. had filed
an application with the City of Santa Ana in January 1973 and
for various reasons it had not been heard; that an additional
application had been required, and filed in September 1973;
and that there had been no time to obtain an audit from a C.P.A.;
that a tremendous effort had been made in the previous two
months to spruce up their cabs; that they had a full-time body
and fender man; and that they were not responsible if Yellow
Cab could not compete with them.
Councilman Griset's motion, seconded by Councilman Garthe,
to find that the public convenience and necessity does not
require additional taxi cab service of~,the type proposed in
the applications of Gordon Wiggins dba Blue-White Cab Company
and C & S Tours, Inc., dba Quick Cab Company; to find that fifty
permits are all that the public convenience and necessity require;
and to deny both applications, carried on the following vote:
AYES:
Griset, Garthe, Markel, Yamamoto~
Patterson, Evans~ Ward
NOES: None
ABSENT: None
CITY COUNCIL MINUTES 409 NOVEMBER 5, 1973
A subsequent motion by Councilman Yamamoto, seconded by
Councilman Evans, to adopt the Hearing Officer's Findings
Fact not inconsistent with the previous motion of Council,
and to amend all others, unanimously carried.
Prior to voting, the Council consensus brought out during
discussion was that there was no need for more than fifty
taxicabs within the City.
of
During the discussion, Mr. Polis stated that Council had the
discretion of either diminishing or increasing the total
number of taxicabs recommended in his Proposed Decision.
(CA 26.5a; 26.7a; 26.1)
AGENDA ORDER
all other afternoon Agenda items over
Council informally agreed
to consider Agenda item 49
(Orange County.Telephone
Directory), and to carry
to the evening meeting.
ORANGE COUNTY Council received and filed
TELEPHONE DIRECTORY the letter from the City
of Costa Mesa dated
October 16, 1973, enclos-
ing a copy of their resolution opposing application of Pacific
Telephone to the Public Utilities Commission for authority to
split the Orange County Telephone Directory into two separate
directories; on motion of Councilman Ward, seconded by Council-
man Griset, and carried with Mayor Patterson dissenting.
Prior to the motion, James L. McMahon, Jr., District Manager,
Pacific Telephone & Telegraph, 1015 North Main Street, spoke
in favor of the directory split.
Billy C. Hall, Executive Director of the City Center Association,
215 West Fourth Street, spoke in opposition to the directory
split. (CA 43.6)
RECESS
members present.
At 5:32 P.M., the meeting
was recessed to 7:35 P.M.,
at which time it was
reconvened with all Council
The invocation given by Mayor Jerry M. Patterson followed the
Pledge of Allegiance conducted by members of Junior Girl Scout
Troop #364. (CA 80.17; CA 9.10)
COMMUNITY SPOTLIGHT
SANTA ANA JAYCEES
The Mayor acknowledged
the Santa Ana Jaycees who
had been invited to give
a presentation.
Larry Quinn, President, introduced the other officers of the
Jaycees, and his wife, Nan Quinn, President of the Jaycees Wives.
He named a few of the well-known former members of the Jaycees,
and enumerated the many projects and activities of their
organization, and stated that they would appreciate any comments
or suggestions that Council might have as to how they might
work more closely together, and thanked Council for what they
had done for them in the past. (CA 9.3)
CITY COUNCIL MINUTES 410 NOVEMBER 5, 1973
WILLOWICK GOLF COURSE Council considered the
report of the Assistant
to the City Manager
dated October 19, 1973,
recommending the deannexation of Willowick Golf Course from
the City of Santa Aha so that it may be subsequently annexed
by the City of Garden Grove.
The Mayor stated that the matter had not
hearing; however, Council was willing to
in the community who were interested.
required a public
hear from all. those
Douglas B. Clark, 1S10 North Mar-Les Driv~,.stated that several
previous City Councils had turned down requgsts for deannexation
of the property; that the proposed agreement was not worth the
paper it was written on; that there was a copy of a letter in
the packet materials indicating that Mayor Patterson had been
appointed to the Board of Directors of the Garden Grove
Willowick Corporation and that the appointment constituted a
conflict of interest and he would expect that the Mayor not vote
on the matter; that the leasing of land from Garden Grove for
a Santa Ana park was not a good arrangement; that parceling off
land to neighboring cities was not acting in the best interest
of the people of Santa Aha.
William Heim, 4602 E1 Don Place, stated that he was against the
deannexation; that there had been an election years before in
which the majority of the people living in the area voted to be
in Santa Ana rather than Garden Grove; that had he known then
that the City was going to give away the property, he would not
have gotten out and rung door bells for the success of that
election.
Wade Herrin, 1505 North Baker, stated that he was in agreement
with Mr. Clark as to the technical problems that existed with
the proposed agreement; that when parcels were taken off the
tax rolls, the revenue must be made up by the private sector.
Ray Villa, 317 S. Bristol, stated that when he was on the
Council, he had been reluctant to vote in favor, of the deannexa-
tion;.however, if he were sitting on the Council tonight he would
be voting for it; that the people in the area had waited a long
time fora park and had set their hopes on the proposed transac-
tion; that the City of Santa Ana hoped that the Willowick Golf
Course would remain a golf course; and that he felt the City
of Santa Ana was getting the best of the transaction.
Janice Boer, 912 N. Lowell, stated that it was inconsistent to
give away the City's open space and carry bond issues on the
election ballot for park expansion; that there was an election
scheduled approximately six and one-half months away, and that
there were those among Council who would need votes in Garden
Grove; that the members of Council were elected to represent
the citizens and voters of the City of Santa Aha and not the City
of Garden Grove. She inquired of the Mayor as to whether or
not, as a member of the Board of the Willowick Corporation, he
had asked that thi~ matter be brought before the Santa Aha City
Council.
The Mayor responded that on April 2, 1973, Council had voted
to enter into the agreement for deannexation, and that his
appointment to the Board of Directors of the Willowick Corpora-
tion had been a subsequent gesture to insure Santa Aha partici-
pation, and that any decision he had made or would make would
be as a Councilman.
CITY COUNCIL MINUTES 411 NOVEMBER 5, 1973
Mrs. Boer stated that once the property was deannexed, the
City would have no control over its zoning; suggested that the
City of Garden Grove might sell it to developers; and urged
Council to keep the property within the City of Santa Ana.
The City Attorney stated that he saw no basis for a conflict
of interest with the Mayor serving on the Board of Directors
of the Willowick Corporation in that it was a non-profit corpora-
tion dealing with the City of Garden Grove; that the duties
of the office were practically non-existent, and that Council
and Board meetings did not coincide with one another.
The Mayor stated that he had never attended a meeting of the
Board of Directors of the Willowick Corporation, however, since
there was doubt as to conflict of interest, he would resign
from that position.
After discussion, Councilman Griset's motion, seconded by
Councilman Yamamoto, to ratify the action Of Council of April
2, 1973; approve the agreement and all supporting documents
with the City of Garden Grove subject to the conditions that they
comply with the bondholders requirements and to adopt RESOLUTION
75-2 CONSENTING TO THE DETACHMENT OF. UNINHABITED-TERRITORY
FROM THE CITY OF SANTA ANA FOR THE PURPOSE OF PERMITTING THE
SAME TO BE ANNEXED TO THE CITY OF GARDEN GROVE, failed to carry
on the following vote:
AYES:. Griset, Yamamoto, Patterson
NOES: Markel, Garthe, Evans, Ward
ABSENT: None
The consensus of the opposing Councilmen was that the City of
Santa Aha would have no control over the land once it was
deannexed; that the proposed contract was ambiguous in certain
areas; and that the transaction was not in the best interest
of the City of Santa Ana.
The consensus of those Councilmen in favor of the motion was
that a conditional commitment had been made by the Council to
deannex; that all conditions had been satisfied; that the
proposed transaction was in the best interest of~the City of
Santa Aha in that it would resolve a number of problems that
had existed in the area for a long time, such as street and
storm drain improvements, and would make available property
for the completion of a proposed park at Fifth and Harper,
and would insure its use as open space for fifty years.
Prior to the motion, Mayor Patterson requested that the follow-
ing wording from the report dated October 19, 1973, be included
in the record to indicate his opinion that it was a breach of
the former City Council's integrity for the present Council to
change its mind:
On April 2, 1973 the Willowick Golf Course matter was
extensively discussed by the members of the City Council.
A motion was made and carried to approve the agreement
with the City of Garden Grove pertaining to easement,
lease, street improvements and storm drain improvement
and authorized its execution and execution of related
documents by the Mayor and Clerk, and directed the
Clerk to record the documents, subject to the City of
Garden Grove's obtaining the consent of the bondholders;
and in the event that they are unable to obtain such
CITY COUNCIL MINUTES 412 NOVEMBER 5, 1973
consent, the City Attorney is directed to engage special
Counsel for an opinion on whether or not the agreement
is one of the most acceptable methods of accomplishing
the transaction. This motion was carried by a five to
two vote with Councilman Herrin and Councilman Markel
voting no. The consent on bondholders has been obtained
and is shown as an attachment beginning on page 46 and
continuing through page 65. Therefore, the City Council
has previously granted conditional approval to these
negotiations and the conditions have now been met;
therefore, the entire matter is now brought before the
City Council at this time for their final approval.
Councilman Ward's motion to instruct staff to continue the
spirit of cooperation with Garden Grove and all the projects
contained in the contract, excluding the deannexation, was
seconded by Councilman Garthe and unanimously carried.
Councilman Woodrow Butterfield of Garden Grove pledged the
complete cooperation of the City of Garden Grove in all the
tasks that had been set out; and apologized to Mayor Patterson
for the appointment to the Willowick Board of Directors,
explaining that the intent had been to appoint the Mayor of
Santa Ana, whoever he might be. (CA 52.6~ CA 92)
CONTROL OF CONDOMINIUM The report of the City
DEVELOPMENT Attorney dated October 25,
1973, relative to the
control of condominium
development was continued pending further review of the proposal
by the Planning and Building Departmental staffs, on the
unanimously approved motion of Councilman Evans seconded by
Councilman Yamamoto. (CA 78; CA 87)
REVENUE SHARING The quarterly report on
FUNDS revenue sharing funds
for the period ending
September 30, 1973,
dated October 26, 1973, prepared by the Director of Finance,
was received and filed on the unanimously approved motion of
Councilman Evans, seconded by Councilman Yamamoto. (CA 65;CA 57.2)
CIVIC CENTER PARKING Council approved in
REGULATIONS principle the City's
enforcement of Civic
Center parking regula-
tions, in accordance with the recommendation in the report
dated October 2S, 1973 from the Director of Public Works,
subject to staff submittal of another report to Council for
final approval of costs and administration, on the unanimously
approved motion of Councilman Garthe, seconded by Councilman
Evans.
Councilman Griset's motion to go on record in favor of delegat-
ing the authority for the full operation of the Civic Center,
including parking, to the Civic Center Commission and to
encourage the Board of Supervisors to do likewise, was seconded
by Councilman Garthe and unanimously carried. {CA 77.5)
CITY COUNCIL MINUTES 413 NOVEMBER 5, 1973
MAINTENANCE OF The report from the City
CITY SIDEWALKS Attorney dated October 30,
1973, pertaining to the
liability of the City and
abutting property owners for maintenance of City sidewalks was
received and filed on the unanimously carried motion of
Councilman Evans, seconded by Councilman Yamamoto.
The Mayor stated that a recommendation from the Director of
Public Works recommending a sidewalk improvement policy would
probably be presented to Council at its second meeting in
December. (CA 29.14)
PROPOSED ANNEXATION OF Staff was instructed to
FAIRHAVEN MEMORIAL continue negotiations to
PARK CEMETERY effect the annexation of
Fairhaven Memorial Park
Cemetery and to report its progress to Council at an appropriate
meeting, on motion of Mayor Patterson, seconded by Councilman
Ward and unanimously carried.
Prior to the motion Council reviewed and discussed the report
from the City Attorney on the subject dated October 30, 1973.
(CA 94)
MAYOR'S FREEWAY Council approved the
COMMITTEE RESTRUCTURING recommended restructuring
of the Mayor's Freeway
Committee, set forth in
the report from the Director of Public Works, dated October 31,
1973, on the unanimously approved motion of Councilman Ward and
Councilman Garthe. The motion further instructed the City
Attorney to prepare the related legal documents for presentation
to Council in the near future. (CA 29.10a)
PRELIMINARY BIKE ROUTE The presentation of the
PLAN Preliminary Bike Route
Plan by the Planning
staff was continued to
the Adjourned Meeting of November 9, 1973, on the unanimously
approved motion of Councilman Griset, seconded by Councilman
Markel. (CA 18.6)
OPEN SPACE ELEMENT - The presentation of the
GENERAL PLAN Open Space Element by the
Planning Staff was continued
to the Adjourned Meeting
of November 9, 1973, on the unanimously approved motion of
Councilman Griset, seconded by Councilman Markel. (CA 78.3d)
PRIORITIES AND GOALS The report from the
OF THE PLANNING Planning staff dated
COMMISSION October 31, 1973, outlin-
ing the priorities and
goals of the Planning Commission was continued to ~he Adjourned
Meeting of November 9, 1973, on the unanimously approved motion
of Councilman Griset, seconded by Councilman Markel. (CA 78.1)
CITY COUNCIL MINUTES 414 NOVEMBER 5, 1973
PROPERTY MAINTENANCE Council received and
REGULATIONS filed the status report
from the Director of
Building Safety, dated
October 50, 1975, pertaining to property maintenance regula-
tions, on the unanimously approved motion of Councilman Yamamoto
seconded by Councilman Garthe. (CA 8?)
PROPOSED WELL Council authorized
ORDINANCE continued administration
of City Code requirements
for regulation of well
drilling and abandonment, and declined participation in the
program proposed by the Orange County Health Department on the
unanimously approved motion of Councilman Garthe, seconded by
Councilman Ward, as recommended in the report from the Director
of Public Works, dated October 29, 1975. (CA 12)
GREAT WESTERN RECLAMATION, INC. Council approved in
REFUSE CONTRACT principle the written
request dated October 8,
1973, from H. Rodger
Howell, on behalf of Great Western Reclamation, Inc., to Council-
man Lorin Griset, to consent to the exchange of Great Western
Reclamation stock for that of SCA Services, Inc., on motion
of Councilman Griset, seconded by Councilman Ward and carried on
the following roll call vote:
AYES.: Griset, Ward, Patterson, Yamamoto
NOES: Markel, Garthe, Evans
ABSENT: None
The motion approval was subject to the following conditions:
1)
Execution of an employment contract between
Great Western Reclamation, Inc., the Blackman
family and Tilghman Taylor.to assure~their
continued relationship in a management capacity.
z)
Agreement by Great Western Reclamation, Inc.
to maintain locally the Blackman family and
Tighlman Taylor as "Manager" who will continue
to be authorized to make all necessary deci-
sions for the day-to-day operation and to
respond to any contacts made by,the authorized
representatives of the City.
Amendment of the present contract with the City
so as to provide that payment would be made
quarterly by Great Western Reclam&tion, Inc.
to the General Fund of the City as follows:
First Year
$30,000
Each succeeding year - an incremental
increase of $2,000 per year; i.e.:
Second Year $52,000
Third Year $54,000, etc.
CITY COUNCIL MINUTES 415 NOVEMBER 5, 1975
Should the City enact some form of
utility taxes and it is determined
that it applies to Great Western
Reclamation activities, there be
no further obligation to pay this
amount.
The motion further included instruction to the City Attorney to
prepare the necessary documentation to implement the Council's
action.
Council consensus was that any future rate increase request
from Great Western, other than those provided in the present
contract related to the cost-of-living index, would result
in a new bid call by the City for trash collection service.
Councilman Yamamoto stated that there was a possibility he had
a conflict of interest because he had received a commission
(approximately $45) as a result of a life insurance policy sale
to an employee of Great Western two or three years ago. He
indicated approval of the stock transfer could result in can-
cellation of the insurance policy.
The City Attorney opined that it did not constitute a legal
conflict of interest.
A motion by Councilman Griset, seconded by Councilman Garthe
to make a finding that Councilman Yamamoto had a conflict of
interest, and should therefore be disqualified from participa-
tion in the Council decision, was seconded by Councilman Garthe.
The motion failed to carry on the following roll call vote:
AYES: Griset, Garthe, Markel
NOES: Ward, Patterson
ABSTAINED: Evans, Yamamoto
ABSENT: None
The City Attorney ruled that Councilman Evans could not abstain
from voting and that his abstention should be counted as a "No"
vote. (The tie vote, in effect, determined that Councilman
Yamamoto did not have a conflict of interest and must therefore
vote on the matter.)
A motion to conduct a public hearing on the request for approval
of the stock transfer at the next regular Council meeting,
November 19, made by Councilman Evans, seconded by Councilman
Garthe, failed to carry on the following roll call vote:
AYES: Evans, Garthe, Markel
NOES: Griset, Ward, Patterson, Yamamoto
ABSENT: None
The following persons spoke in favor of the request:
Warren Sikora, Attorney, 888 North Main Street,
representing the Blackman Family and Great
Western Reclamation;
Roger Howell, Attorney, 401 Civic Center Drive
West, representing SCA Services;
CITY COUNCIL MINUTES 4:16 NOVEMBER 5, 1973
Jack McFarland, 1200 East Fairhaven;
Ray Villa, 309 South Bristol.
The proponents stated that the transfer of all the outstanding
shares of Great Western stock to SCA Services would assure
constant access to increased experience with all aspects of
refuse collection and disposal; that technically there is no
legal requirement for Council approval of the stock transfer
because it does not involve an assignment of the contract;
that Great Western will maintain its corporate entity and the
contractor remains the same; that the City has significant
control of the operation on a daily basis; that the merger would
afford greater opportunity to explore methods of recycling
refuse; and that the contractor would be required to perform
the services in accordance with the terms of the contract or
face its probable~cancellation by the City.
The following persons spoke in opposition to the request:
Robert H. Stopher, representing the Apartment
Association of Orange County, 840 North Birch
Street;
Janice Boer, 912 North Lowell;
Arturo Jacques, 1525 Portola Avenue;
Wade Herrin, 1505 North Baker;
RObert J. Moore, representing the Apartment
Hous~,~wners Association, 1905 West 15th Street.
The opponents stated that the bid for the service was awarded
several years ago largely prediqated on local ownership and con-
trol; that the ownership and responsibility for the company are
major concerns; that the $30,000 offered as an incentive for
Council approval "smacked of a kick-back or bribe"; that the
City should have the right to inspect profit and loss records;
that the possibility for monopoly of trash collection services
in the County is very real with SCA's acquisition of other
refuse service companies; that very possibly Councilman Yama-
moro and others on the Council did have a conflict of interest;
that probably Council would pass some form of utility tax that
would relieve Great Western from its obligation to return
moneys to the General Fund as proposed; that amendments to the
contract allowing rate increases had been a breach of public
trust; that the payment back to the City be used to reduce the
rate because it rightfully belongs to the people of Santa Ana.
Further arguments presented expressed the opinion that matters
of this nature should involve notice to all organizations and
associations and be scheduled for full public hearing to insure
the maximum public participation; and that just prior to the most
recent increase granted to Great Western they had denied any
intention to sell; however, Council received a sale of stock
request within the three or four months following the approval
of the rate increase and the extension of the contract date;
and that if Great Western did not wish to continue its service,
a new bid call was in order.
RECESS
present.
At 11:55 P.M. a recess
was declared, Council
reconvened at 12:07 A.M.
with all Council members
CITY COUNCIL MINUTES 417 NOVEMBER 5, 1973
Following the Recess, Council continued its discussions of the
issues raised at some length prior to the motion. (A-9-8-70)
ORAL COMMUNICATION
PRIDE IN CITY
PUBLIC PROPERTY USE
and the Plaza of the Sun for erection
for a festival sponsored by the Santa
to promote Pride In City programs for the month of April,
The festival would commence at 10:00 A.M. and conclude at
P.M. on Saturday and Sunday, April 6 and 7, 1974.-
Billy C. Hall, represent-
ing Pride in City, requested
use of the Municipal parking
lot, the Plaza of the Flags
of booths and accessories
Aha Jaycees as a "kick-off"
1974.
10:00
The request was referred to staff for report and recommendation
at its next Council meeting, November 19, on the unanimously
approved motion of Councilman Griset, seconded by Councilman
Ward. (CA 45.1; CA 9.11)
ORAL COMMUNICATION A request from Mrs. Janice
CENTRAL CITY PARK Boer, 912 North Lowell,
for development of a park
in the area of her home
to provide needed recreational activity for neighborhood teen-
agers, was referred to staff for report and recommendation,
by unanimous informal agreement. (CA 52)
ORAL COMMUNICATION Councilman Griset requested
ORANGE FREEWAY Council action to seek
(ROUTE 57) the cooperation of staff
and the Mayor's Transpor-
tation Advisory Committee to bring about the construction of the
Orange Freeway (Route 57), in that he believed it to be very
vital from the standpoint of a western access to the City. His
motion to refer the matter to the Mayor's Transportation Advisory
Committee with the suggestion that they consider it as a priority
item, was seconded by Councilman Ward, and carried with Council-
man Markel dissenting. (CA 29.10)
ORAL COMMUNICATION
FIRE STATION 6
for Project 6079 approved earlier in
and not necessary· (CA 89)
Councilman Markel stated
that he felt the air
conditioning proposed for
Fire Station 6 (Bid Call
the meeting) was a luxury
ADJOURNMENT The meeting was adjourned
at 1:12 A.M. to November 9,
1973, at 12:00 P.M. in
Room 831 of City Hall,
on motion of Councilman Evans, seconded by Councilman Markel,
and unanimously carried.
· Malone
Clerk of the Council
CITY COUNCIL MINUTES
418 NOVEMBER 5, 1973