HomeMy WebLinkAbout12-08-1975MINUTES OF THE JOINT ADJOURNED REGULAR MEETINGS
OF THE CITY COUNCIL
AND THE PLANNING COMMISSION OF THE
CITY OF SANTA ANA, CALIFORNIA
December 8, 1975
The Joint Adjourned Regular Meetings of the City Council and
the Planning Commission were called to order at 12:30 P.M. by
Mayor John Garthe, in Room 831, City Hall, 20 Civic Center
Plaza. Proper Notice and Posting of the meeting had been given
with affidavits on file in the office of the Clerk of the
Council, and in the office of the Planning Director. Follow-
ing the Pledge of Allegiance and the Invocation, roll call was
answered by:
City Council
Planning Commission
Gordon Bricken John Acosta
Harry K. Yamamoto Jean Ankrum
Vernon S. Evans Harold Gosse
David L, Brandt Daniel Griset
James E. Ward Jack O'Dell
Mayor John Garthe Everett Winters,
Chairman
Absent: Absent:
David F. Ortiz Sealy M. Yates*
~Commissioner Yates arrived at 1:00 P.M.
Staff Attendance
City Manager Bruce C. Spragg
City Attorney Keith L. Cow
Planning Director Charles Zimmerman
Senior Planner William Daugherty
Assistant City Manager Thomas J. Andrusky
Director of Public Works Ronald Wolford
Clerk of the Council Florence I. Malone
Lynn O'Dell of "The Register" was also present.
COUNCIL AGENDA REVIEW
COMMITTEE RECOMMENDATION
Report dated September 30, 1975,
The Council and the
Commission discussed
Item 6 of the Council
Agenda Review Committee
which is as follows:
6. Variances~ Conditional Use Permits & Minor
Exceptions Instruct the City Attorney to:
Amend the Municipal Code to provide that
the decision of the Planning Commission
and/or Zoning Administrator shall be final
for all variances, CUPs, and minor excep-
tion applications, unless an Appeal is
filed;
Be
Establish a separate 7-person board of
appeals to conduct appeal hearings and
render decisions; each Councilman to
appoint a resident from his Ward to the
board who shall be compensated and whose
term shall run concurrently with that of
the appointing Councilman;
CITY COUNCIL MINUTES 495 DECEMBER 8, 1975
Ce
Provide that the decision of the appeals
boacd shall be final; and
De
Reserve for Council the right to set any
variance, conditional use permit, or minor
exception for public hearing before the
appeals board when a majority of Council
determines that the matter is of signifi-
cant community interest and impact to
warrant such hearing. Council would con-
tinue to be the sole, final authority on
all matters of zone change and establish-
ment of primary land uses.
The consensus favored strengthening the role of the Planning
Commission so that its decisions regarding variances, condi-
tional use permits and minor exceptions would be final unless
an appeal were filed; the City Council would retain its right
of appeal, and continue to hear and render the final decision
on all appeals.
Staff was instructed to provide Council with a summary listing
of Planning Commission and Zoning Administrator action, as
well as the staff reports and Commission findings regularly
provided, in the Council agenda packet for December 15, in
order for Council to determine which method is preferable.
CA 75.5
ADJOURNMENT On the unanimously
approved motion of
Councilman Yamamoto,
seconded by Council-
man Bricken, the meeting was recessed at 1:55 P.M. to
reconvene in the Council Chambers.
FLORENCE I. MALONE
FLORENCE I. MALONE
CLERK OF THE COUNCIL
CITY COUNCIL MINUTES
496 DECEMBER 8, 1975
MINUTES OF THE ADJOURNED REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA
December 8, 1975
The meeting was called to order at 2:05 P.M. by Mayor John
Garthe in the City Council Chambers, 22 Civic Center Plaza,
with the following Council members present: Gordon Bricken,
Harry K. Yamamoto, Vernon S. Evans, David L. Brandt, James
E. Ward, and Mayor John Garthe. Councilman David F. Ortiz
was absent. Also present were City Manager Bruce C. Spragg,
City Attorney Keith L. Gow, Director of Public Works Ronald
Wolford, Director of Planning Charles C. Zimmerman, Police
Chief Raymond C. Davis, and Clerk of the Council Florence I.
Malone.
INVOCATION
PLEDGE OF ALLEGIANCE
Following the Pledge
of Allegiance, the
Invocation was given
by Councilman Bricken.
CONSENT CALENDAR There were no items
removed from the Con-
sent Calendar. Coun-
cilman Ward registered
a NO vote on item ? D; Councilman Evans registered NO's on
items ? D and 12 B; Councilman Bricken abstained from voting
on item 5 B because of a financial interest in one of the
owners of the Bristol General Hospital.
On the unanimously carried (6-0) motion of Councilman Evans,
seconded by Councilman Brandt, Council affirmed the recommended
action on the following Consent Calendar items:
MINUTES
Adjourned Regular Meeting
Regular Meeting
Regular Meeting
Approved the following
City Council Minutes:
- November 17, 1975
- November 17, 1975
- December 1, 1975
BID CALLS
ment for bids
on the following:
Approved plans and
specifications and
authorized advertise-
SPEC 75-035- BURGLARY INDEX COMPUTER SYSTEM
ENHANCEMENT - The enhancement equipment includes
an increase of core memory, one additional disk
drive plus controller, one additional printer
with controller and two additional input term-
inals, plus data communications electronics and
associated cabling.
PROJECTS 8105 & 8106 Install new traffic sig-
nals and lighting systems at the intersections
of Euclid Street and Fifth Street and at Mc
Fadden Avenue and Sullivan Street.
CA 89G
CA 89B
CITY COUNCIL MINUTES
497 DECEMBER 8, 1975
CONSENT CALENDAR - Continued
ALCOHOLIC BEVERAGE
LICENSE APPLICATIONS
Received and filed
Staff report on the
following:
FLORES, Carlos L. - 718 East Fourth Street
Original - Type "42" On Sale Beer and Wine
(Public Premises) PROTEST - Rolice.
For subsequent Council action on this item,
refer to Minutes page S01.
OBRADOVICH, Wanda Rosalene and PIANTONI, Mary
Audrey 1473 South Main Street - Original
Type "41" - On Sale Beer & Wine (Bona Fide
Public Eating Place),
CA 146
ALI, Ahmed A. - 122 North Euclid
Person to Person Transfer - Type
Off Sale Beer and Wine.
Street -
"20" -
CA 146
RAMIREZ, Frank J. Jr., Administrator of the
Estate of RAMIREZ, Frank J. Sr. - 903 East
Fourth Street - Person to Person Transfer -
Type "41" - On Sale Beer and Wine (Bona Fide
Public Eating Place).
CA 146
NATIONAL FAST FOODS, INC. - 1131 South Grand
Avenue Original - Type "20" Off Sale Beer
& Wine.
CA 146
VARIANCES
Planning Commission Findings
Approved and
.filed the Negative
Declarations and
of Fact on the following:
VA 75-59 ROBERT W. JOHNSON To remove an
existing service station and construct a
neighborhood market at 2626 North Bristol
in the RI District. APPROVED.
CA 13
VA 75-60 BRISTOL GENERAL HOSPITAL COMPANY -
To expand an existing hospital with a health
testing facility and delete a portion of the
existing excess parking for the hospital at
2701 South Bristol Street in the C2 and R3
Districts. APPROVED. (Councilman Bricken
abstained from voting on this item.)
CA 13
DEEDS, NO CASH Received and filed
GRANTEE, CITY report of no-cash
deeds accepted by
the City Manager, pursuant to Resolution #69-156,
from November 11 through December 2, 1975, inclusive.
CA 155
DEEDS WITH CASH & ESCROW Approved the follow-
GRANTEE, CITY ing deed and authorized
Mayor to sign all
necessary documents in connection with the purchase:
MILLER, Robert A. and Eda K. - North side of
Seventeenth east of Flower for street and
vehicular access.
CA 155
CITY COUNCIL MINUTES
498
DECEMBER 8, 1975
CONSENT CALENDAR - Continued
DEEDS, NO CASH
GRANTOR, CITY
Clerk'
Authorized execution
of the following
deed by Mayor and
W & D COMMERCIAL PROPERTIES, INC. Southeast
corner of Bristol and Warner for vehicular
access.
CA 155
TENTATIVE PARCEL MAPS Approved and filed
Negative Declarations
and approved the
following Maps subject to conditions contained in
Planning Director's Report:
MAP NO. 929 - Filed on August 12, 1975, by Case-
Swayne Co., Inc. creating two (2) Mi parcels;
all proposed parcels to be used for industrial
uses; generally located on the north side of
Sixth Street, 155 feet west of the centerline
of Eastwood Avenue.
CA 25
MAP NO. 940 - Filed on October 22, 1975, by
Shaw and Talbot creating two (2) Mi parcels;
all proposed parcels to be used for industrial
purposes; generally located on the south side
of Adams~Street, 315 feet east of Susan Street.
CA 25
MAP NO. 942 - Filed on November 5, 1975, by
Niles Gates creating four (4) M1 parcels; all
proposed parcels to be used for industrial
purposes; generally located southwest of New-
port Circle and Ritchey Street.
CA 25
MAP NO. 943 - Filed on November 14, 1975, by
Dexter Plumbing and Leo Rovin creating two (2)
Mi parcels; all proposed parcels to be used
for industrial purposes; generally located on
the north side of Columbine Avenue east of Maple
Street.
CA 25
Approved and filed Negative Declarations; approved
the Maps subject to conditions contained in Plan-
ning Director's Report; and waived alley require-
merits on the following:
MAP NO. 934 - Filed on September 16, 1975,
by Heinecke Enterprises creating two (2) A1
parcels; all proposed parcels are presently
being used for commercial purposes; generally
located on the southwest corner of Tustin
Avenue and Santa Clara Avenue.
MAP NO. 941 - Filed on November 14, 1975, by
Primark Products Company creating three (3)
Mi parcels; all proposed parcels to be used
for industrial purposes; generally located at
the northwest corner of Segerstrom Avenue and
Susan Street. (Councilmen Evans and Ward
regis.tered NO votes.)
CA 25
CITY COUNCIL MINUTES
499
DECEMBER 8, 1975
CONSENT CALENDAR ~ Continued
FINAL TRACT MAPS Approved the
following Map,
accepted the
dedications thereon, and the bonds, and authorized
execution of the subdivision agreement:
MAP NO. 900S Northeast corner of Fruit
Street and Cabrillo Park Drive (one lot).
CA 24
CHANGE ORDERS
Approved the
following
Change Order:
PROJECTS 8099 and 8100 Change Order #1
increasing in the amount of $1,677.38, to
install larger signal heads at-Main and Alton,
and larger foundations at Fairview:and
Segerstrom. ~
CA 89B
AGREEMENTS Approved the
following
Agreements and
authorized their execution by the Mayor and Clerk:
ORANGE COUNTY BURGLARY PREVENTION INDEX -
Between City and Anaheim, Brea, Buena Park,
Costa Mesa, Cypress, Fountain Valley, Fuller-
ton, Garden Grove, Huntington Beach, Irvine,
Laguna Beach, La Habra, La Palma, Los Alamitos,
Newport Beach,, Orange, Placentia, San Clemente,
Seal Beach, Stanton, Tustin, Westminster,.and
Yorba Linda, the member cities, for the Collec-
tion, analysis and distribution of burglary
information; the second year renewal.
REVISED JOINT POWERS - CENTENNIAL PARK
Between City and County of Orange for the
development and operation of Centennial Park.
(Councilman Evans registered a NO vote.)
TRAFFIC Received and filed
Report of control
devices removed
or installed November 11 through December 1, 1975,
inclusive.
A-75-91
A-74-56
A-75-92
CA 18.3a
COUNCIL REFERRAL SUMMARY Received and filed
status report from
Clerk of the Council
of items referred by Council to staff. CA 80.2
PROCLAMATIONS Received and filed
report of Proclama-
tions issued by the
Mayor from November 11 through December 2, 1975. CA 46
RESIGNATIONS FROM
BOARDS & COMMISSIONS
dated November 19, 1975,
Accepted with regret
the resignation con-
tained in letter
from William May, resigning
CITY COUNCIL MINUTES
500 DECEMBER 8, 1975
CONSENT CALENDAR - Continued
from the Personnel Board, and directed Staff to
prepare an acknowledgement of service.
CA 50.8
CONSENT CALENDAR FINIS
ALCOHOLIC BEVERAGE
LICENSE APPLICATION
CARLOS L. FLORES
by Councilman Ward, and carried
Yamamoto dissenting.
Councilman Evans'
motion to reconsider
Consent Calendar
Item 4 A was seconded
(5-1), with Councilman
Council received and filed the following ABC License
Application, and instructed the City Attorney tO prepare
a letter of protest in accordance with the Staff report
submitted, on the unanimously (6-0) carried motion of
Councilman Evans, seconded by Councilman Yamamoto:
FLORES, Carlos L. 718 East Fourth Street
Original - Type "42" On Sale Beer and Wine
Public Premises) PROTEST - Police.
Prior to the foregoing motion, Carlos L. Flores, 1246 Golden
West Drive, spoke in opposition to the protest. CA 146.1
READING WAIVED On the unanimously
approved (6-0) motion
of Councilman Evans
-seconded by Council-
man Brandt, Council waive, d full reading of all ordinances
and resolutions, the titles of which appeared on the public
Agenda, and considered by title only.
ORDINANCE-NS-1284 The following ordinance
AMENDMENT APPLICATION 733 was placed on second
HELEN A BARSUMIAN reading and adopted,
on the unanimously
carried (6-0) motion of Councilman Evans, seconded by Coun-
cilman Ward:
ORDINANCE NS-1284 - AN ORDINANCE OF THE CITY
OF SANTA ANA APPROVING AMENDMENT APPLICATION
NO. 733 FILED BY HELEN A BARSUMIAN TO REZONE
PROPERTY FROM THE A1 (GENERAL AGRICULTURAL)
DISTRICT TO THE RI (SINGLE FAMILY RESIDENCE)
DISTRICT, AND AMENDING SECTIONAL DISTRICT MAP
16-5-10. (South side of Kent between Harbor
Boulevard and~Elliott Place).
CA 10
ORDINANCE NS-1285 Council placed the
AMENDMENT APPLICATION 732 ~the following
E. G. WARMINGTON ordinance on second
reading and it was
unanimously adopted (6-0), on motion of Councilman Evans,
seconded by Councilman Ward:
CITY COUNCIL MINUTES
501
DECEMBER 8, 1975
ORDINANCE NS-1285 - AN ORDINANCE OF THE CITY
OF SANTA ANA APPROVING AMENDMENT APPLICATION
NO 732 FILED BY E. G. WARMINGTON, REZONING
PROPERTY FROM THE Ri, R4, AND LP DISTRICTS
TO THE R1-PRD AND R4-PRD (PLANNED RESIDENTIAL
DEVELOPMENT) DISTRICTS, AND AMENDING SECTIONAL
DISTRICT MAP 8-5-9. (Northeast corner of
Cabrillo Park Drive and Fruit Street).
CA 10
RESOLUTION NO. 75-170 The following
RESTRICTING PARKING ON resolution-was
RAITT ST. & WASHINGTON AVE. adopted (S-l),
on motion of Coun-
cilman Evans, seconded by Councilman Ward, and carried
with Councilman Yamamoto dissenting:
RESOLUTION NO. 75-170 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA RESTRICTING
PARKING ON CERTAIN AREAS OF RAITT STREET AND
WASHINGTON AVENUE; AND REPEALING RESOLUTION NO.
74-95. (Implements Council action of November
17, 1975.)
RESOLUTION NO. 75-171 The following
VACATION - HELIOTROPE DRIVE resolution was
APPROVING MAP & DECLARING INTENTION adopted, and the
matter was set
for public hearing on January 5, 1976, on the unanimously
carried (6-0) motion of Councilman Evans, seconded by
Councilman Ward:
RESOLUTION NO. 75-171 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA APPROVING A MAP
AND DECLARING INTENTION TO VACATE A PORTION OF
HELIOTROPE DRIVE IN THE FLORAL PARK TRACT 748,
BOOK 30, PAGE 9 RECORDS OF ORANGE COUNTY, STATE
OF CALIFORNIA, IN THE CITY OF SANTA ANA BETWEEN
SEVENTEENTH STP. BET AND NINETEENTH STREET, SUB-
JECT TO THE RESERVATION AND EXCEPTION OF A
CERTAIN EASEMENT AND RIGHT OF WAY; DIRECTING
THE CLERK OF COUNCIL TO FILE SAID MAP IN HER
OFFICE; DESCRIBING SAID STREET AND THE EASEMENT
AND RIGHT OF WAY TO BE RESERVED AND EXCEPTED;
SETTING A PUBLIC HEARING THEREON; AND DIRECTING
NOTICE HEREOF TO BE POSTED. (Implements Council
Action of October 6, 1975.)
CA 18
CA 18.6
CA 14
RESOLUTION NO. 75-172
FLOOD CONTROL PLAN
SANTA ANA RIVER
on motion of Councilman Evans,
Brandt:
Council adopted
the following
resolution
unanimously (6-0),
seconded by Councilman
RESOLUTION~NO. 75-172 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA ANA STATING
ITS PREFERENCE FOR A FLOOD CONTROL PLAN FOR THE
SANTA ANA RIVER.
CA 53
CITY COUNCIL MINUTES
502 DECEMBER 8, 1975
UNITED NATIONS RESOLUTION In response to the
REGARDING ZIONISM request from the City
of Orange dated Nov-
ember 19, 1975, for
Resolutions from other Cities, on the motion of Councilman
Brandt, seconded by Councilman Bricken, and unanimously (6-0)
carried, Staff was directed to prepare a Resolution condemning
the pernicious Resolution of the United Nations falsely accusing
Zionism as being racist and urging that the United Nations re-
scind this Resolution, to be transmitted to the United States
Delegate to the United Nations, and to those Federal and State
legislators who represent the City of Santa Ana. CA 80.6
ORANGE COUNTY MOSQUITO ABATEMENT After an oral report
DISTRICT SANTA ANA REPRESENTATIVE given by Mr. W. D.
APPOINTMENT Obarr, the City's
representative to
the Orange County Mosquito Abatement District, concerning the
activities of the District, Mr. Obarr was reappointed for a
two-year term of office ending December 31, 1977, on the mo-
tion of Councilman Evans, seconded by Councilman Bricken and
carried (5-1) with Councilman Ward dissenting.
CA 54
TAX COLLECTOR SALE #1205 On the motion of
Councilman Evans,
seconded by Council-
man Brandt, carried
(6-0) unanimously, consent to the sale of tax-deeded property
on the south side of Eighth Street between Bristol and Baker
(Tax Collector Sale #1205, A.P. 8-011-55) was given.
CA 45.3
PRIORITY OF RECONSTRUCTION The request of the
OF THE MAIN/McFADDEN INTERSECTION South Main Improve-
ment Association
dated November 11,
1975, for reconsideration of the priority given to the recon-
struction of the Main/McFadden intersection, was referred to
Staff for investigation and report on the motion of Councilman
Evans, seconded by Councilman Ward and carried (6-0) unanimousl~
29.7
ENLARGEMENT OF THE SOUTH CENTRAL
COMMUNITY DEVELOPMENT STUDY AREA
asking that the South Main Corridor be
Development Study Area, and the Planning Director's letter dated
November 25, 1975, advising the Association that the South Main
Corridor is included in the Study Area, were received and filed
on the motion of Councilman Ward, seconded by Councilman Evans
and unanimously (6-0) carried. CA
The letter of request
from the South Main
Improvement Association
dated November 12, 1975,
included in the Community
140.20
PUBLIC HEARING OF VARIANCE On the recommendation
APPLICATION 75-46 of the City Attorney
dated December 4, 1975,
and at the request of
appellant, J. Ogden Markel, in his letter of November 22, 1975,
a public hearing of Variance Application 75-46 was set for Jan-
uary 5, 1976, at 7:30 p.m. on the motion of Councilman Evans,
seconded by Councilman Bricken and carried (4-2) with Council-
men Ward and Yamamoto dissenting. CA
13.3a
CITY COUNCIL MINUTES
503 DECEMBER 8, 1975
RECONSIDERATION OF UTILITY The letter dated
USERS' TAX MAXIMUM November 26, 1975,
from H. Rhoads Martin,
Jr., requesting recon-
sideration of establishing a maximum payment for utility users'
tax was referred to Staff for investigation and report on the
motion of Councilman Evans, seconded by Councilman Ward and
carried (6~0) unanimously. H. Rhoads Martin, Jr. orally re-
quested that a target date of January be set for a Staff status
report of revenues acquired during the first two months' oper-
ation and potential revenue estimates. The City Manager stated
that the Staff report would be available for the second meeting
in January 19, 1976. CA 65B
RECONSIDERATION OF DENIAL OF The request of Dennie
TAXICAB DRIVER'S PERMIT M. Sternin to recon-
DENNIE M. STERNIN sider the November 17
denial by Council of
his taxicab driver's permit was denied on the motion of Council-
man Yamamoto, seconded by Councilman Brandt and carried (6~0).
Mr. Sternin appeared before the Council to explain that he mis-
understood the question on the application regarding previous
traffic violations; that he had become a very good driver since
he had attended traffic school; and that he needed the job very
badly.
Police Chief Davis reported that Mr. Sternin had been convicted
of six moving violations within 17 months of his application and
could not be issued a taxi driver's permit under Municipal Code
Section 38-22(6). CA 26.3
AMENDED REFUSE COLLECTION SERVICE The letter dated
CONTRACT - GREAT WESTERN RECLAMA- November 25, 1975,
TION, INC. from Thomas L. Blackman,
President of Great
Western Reclamation, requesting certain amendments to the Refuse
Collection Service Contract, was referred to Staff for investiga-
tion and report, including a recommendation for an accounting
process, on the motion of Councilman Ward, seconded by Council-
man Evans and carried (6-0) unanimously. CA 11.1
CHARTER REVISION COMMITTEE The Mayor was auth-
orized to appoint a
Charter Revision Com-
mittee made up of nine
Santa Ana citizens subject to approval of the Council on the
motion of Councilman Evans, seconded by Councilman Brandt and
carried (6-0). Although specific subjects for review contained
in the December 1, 1975 memorandum from the Council to the Mayor,
were discussed, Mayor Garthe recommended that the Committee
take a look at the whole Charter and that proposed amendments
be submitted to the electorate at the November, 1976 General
Election. CA 129
ACQUISITION OF 24 ACRES FOR The recommendation of
CENTENNIAL PARK the Planning Commission
taken December 1, 1975,
to find the acquisition
of 24 acres of federally owned property for the development of
Centennial Park to be in conformance to the adopted General Plan
CITY COUNCIL MINUTES
504 DECEMBER 8, 1975
of the City, was recieved and filed on the motion of Council-
man Evans, seconded by Councilman Ward and carried (6-0). CA 52
BOARD OF BUILDING, MECHANICAL, After reviewing the
HOUSING, AND PLUMBING APPEALS - City Manager's Staff
Council Referral Item #184 report dated November
17, 1975, Staff was
directed to take no further action to implement the establish-
ment of a Board of Appeals for construction permits; Council
received and filed the Staff report and deleted Council Re-
ferral Item #184 from the Summary on the motion of Councilman
Evans, seconded by Councilman Ward and carried (6-0) unani-
mously. CA 87
REDEVELOPMENT AGENCY In accordance with
PARKING AND TRAFFIC STUDY the recommendation
contained in the
report dated December
1, 1975, from the Executive Director of the Redevelopment
Agency, Council approved a $15,000 contribution from the Civic
Center Commission Paring Revenue Fund to the Redevelopment
Agency's Parking and Traffic Study, on motion of Councilman
Ward, seconded by Councilman Bricken and carried (4-2) with
Councilmen Evans and Brandt dissenting. CA 82.8
BICENTENNIAL
PAGEANT
The recommendation
of the Public Informa-
tion Officer to approve
the concept of a Bi-
centemnial Pageant at the Santa Ana Stadium, May 21, 22 and
23, 1976, was approved and the Staff was directed to provide
a report of the program's administration, budget and format
for the January 5, 1976 Council meeting, on the motion of
Councilman Evans, seconded by Councilma~ Brandt and carried
(6-0).
CA 42.5
APPROPRIATION ADJUSTMENT #57 - Appropriation Adjust-
POLICE PARAPROFESSIONAL EMERGENCY merit #57 to provide
RESPONSE TEAM a budget for the Para-
professional Emergency
Response Team was approved after consideration of the Police
Department report dated December 2, 1975 on the motion of
Councilman Ward, seconded by Councilman Bricken and carried CA 140.19
(6-0) unanimously. CA 65.3
APPROPRIATION ADJUSTMENT #62 - Appropriation Adjust-
1975 SUMMER YOUTH PROGRAM ment #62 to adjust the
City's budget to reflect
the additional $244,505
provided by the Orange County Manpower Commission for expansion
of the 1975 Summer Youth Program, was approved after consider-
ing the City Manager's report dated November 26, 1975, on the
motion of Councilman Evans, seconded by Councilman Ward and CA 140.3
carried (6-0) unanimously. CA 65.3
CITY COUNCIL MINUTES
505 DECEMBER 8, 1975
APPROPRIATION ADJUSTMENT #63 -
FREEDOM TRAIN TICKETS
Appropriation Adjust-
ment #63 transferring
$2,000 for purchase of
1,000 Freedom Train
tickets to be resold as a convenience to Santa Ana citizens,
was approved on the motion of Councilman Evans, seconded by
Councilman Yamamoto and carried (6-0) unanimously. City Man-
ager Spragg announced that a distribution plan will be sub- CA
mitted to Council for approval. CA
42.5
65.3
AGENDA ORDER - SECOND
AFfENDMENT TO OLD CITY
HALL SALES AGREEMENT
it would be heard at that time.
The Mayor announced
that Item #62 was
set for a time certain,
3:45 p.m. and that
CA 133
STATUS REPORT - PROGRAMS The reports of the
REGARDING OBSCENITY City Attorney dated
December 3, 1975,
regarding Massage
Parlor Regulations and Regulation of Pornographic Materials
were received and filed on the motion of Councilman Brandt,
seconded by Councilman Evans and carried (6-0) unanimously.
On the motion of Councilman Ward, seconded by Councilman Evans,
carried (6-0) unanimously, the City Manager was directed to
initiate a study of the cost of enforcing applicable regula-
tions with regard to "Adult Theaters".
Mrs. Lee Ogorek, 2202 North Pacific, Chairman, Citizens Op-
posing Pornography, stated that her organization favored the
passage of the proposed Ordinance NS-1287 and she complimented
the Council for taking steps to curb pornographic theaters in
Santa Ana. Action on the proposed Ordinance NS-1287 was post-
poned until after the Executive Session. CA
153.7
CITY'S LIABILITY INSURANCE The letter of the
EXPERIENCE SINCE 1969 City Attorney dated
December 3, 1975
to the Assembly
Committee on Finance, Insurance, and Commerce documenting
the City's liability insurance experience since 1969 was re-
ceived and filed on the motion of Councilman Evans, seconded
by Councilman Ward and carried (6-0) unanimously. CA 88.50
EXECUTIVE SESSION
RECESS
Session to discuss legal
reconvened at 3:55 p.m.
matters;
Mayor Garthe recessed
the City Council
meeting at 3:32 p.m.
to hold an Executive
the City Council Meeting was
REGULATION OF PORNOGRAPHIC After consideration
MOVIES - ORDINANCE NS-1287 of the City Attorney's
report dated December
3, 1975, Ordinance
NS-1287, as follows, was placed on first reading on the motion
CITY COUNCIL MINUTES
506 DECEMBER 8, 1975
of Councilman Yamamoto, seconded by Councilman Evans and carried
(6-0) unanimously:
ORDINANCE NS-1287 - JuN ORDINANCE OF THE CITY
OF SANTA ANA ADDING SECTIONS 12-100 THROUGH
12-105 TO THE SANTA ANA MUNICIPAL CODE DE-
CLARING THE COMMERCIAL EXPLOITATION OF PATENTLY
OFFENSIVE SEXUAL CONDUCT IN LEWD FILMS AND
THEATERS EXHIBITING THE SAME TO BE A PUBLIC
NUISANCE AND ORDERING THEIR ABATEMENT..
CA 149
CA 153.7
SECOND AMENDMENT TO OLD Consideration of the
CITY HALL SALES AGREEMENT second amendment to
the Old City Hall
Sales Agreement was
continued to the next Council meeting, December 15, 1975, and
the Mayor was instructed to convene a meeting of the "Old City
Hall" Committee to review the amendment and to provide Council
with its recommendations, on the motion of Councilman Evans,
seconded by Councilman Ward and carried (6-0) unanimously.
Mr. Ben Ramirez, one of the partners of the Del Pueblo Manage-
ment Company, appeared to discuss the amendments to the agree-
ment. CA 133
APPEAL OF PROTEST OF ABC APPLICATION Mayor Garthe announced
JORGE ANDRADE, BULMARO ARTEAGA AND that this was the time
HELIODORO FERNANDEZ - 3622 W. 5TH ST. and place for the
public hearing of the
appeal of the City's protest of ABC application by Jorge Andrade,
Bulmaro Arteaga and Heliodoro Fernandez at 3622 West Fifth
Street for on-sale beer.
Police Chief Raymond Davis reported that the location at 3622
West Fifth Street and known as the Flamingo Inn is in a high
police incidence area and that one of the applicants has an
arrest record which indicates a potential for violence; that
because of these facts a protest was filed with the ABC to the
issuance of a license for on-sale beer.
!~illiam S. Anagnostou, 1616 North Broadway, represented the
applicants and stated that his records indicated that Mr.
Arteaga was not convicted of carrying a concealed weapon; that
the applicants are operating the establishment on a temporary
license and have had no trouble with the Police Department;
that each of the three has had a number of years experience
in management of such establishments; and that their right to
run a business is being infringed upon.
As there were no further speakers, the Mayor closed the public
hearing.
The protest filed by the City Attorney with the ABC Board of
the application of Jorge AnSrade, Bulmaro Arteaga and Helio-
doro Fernandez at 3622 West Fifth Street for on-sale beer was
ratified on the motion of Councilman Yamamoto, seconded by
Councilman Brandt and carried (6-0). CA 146.1
CITY COUNCIL MINUTES
507 DECEMBER 8, 1975
ORAL COMMUNICATION Billy C. Hall,
TRASH PICKUPS Executive Director
of the City Center
Association, sug-
gested that residential trash pickups be made at every other
house by asking two property owners to set their trash out
at one place.
CA 11.1
ORAL COMMUNICATION On the recommendation
MAYOR'S PRAYER BREAKFAST of Mayor Garthe, the
Mayor's Prayer Break-
fast Committee will
be asked to proceed to secure the services of Bob Richards as
the speaker for the Annual Breakfast, on the unanimously approved
motion of Councilman Evans, seconded by Councilman Ward. CA 80.16
EXECUTIVE SESSION
RECESS
Session to discuss personnel matters;
vened at 4:55 p.m.
At 4:43 p.m. Mayor
Garthe recessed the
Council meeting to
hold an Executive
the meeting was recon-
BOARD & COMMISSION On the motion of
APPOINTMENTS Councilman Evans,
seconded by Council-
man Brandt, unani-
mously (6-0) carried, The Mayor was authorized to recommend
the appointment of Kenneth Case as the City's representative
to the Board of Directors of the Chino Hills Airport Complex,
Inc. and the following appointments were made:
Bob Wilder - Project Area Committee, for a term
ending June 30, 1976; and
CA
CA
Clarence Jackson - Personnel Board, for a term
ending June 30, 1977
82.3
50.8
RECESS
was reconvened at
7:30 p.m.
At 5:00 p.m. Mayor
Garthe recessed the
Council meeting for
dinner; the meeting
INVOCATION The Pledge of Alle-
PLEDGE OF ALLEGIANCE giance to the Flag
led by Girl Scout
Troop #930, Sally
Gillespie, Leader, was followed by the Invocation given by
Councilman Brandt. CA
80.17
PROCLAMATION The Mayor's Proclama-
"LUNG AWARENESS WEEK" tion of "Lung Awareness
Week" was presented
by Councilman Yamamoto
who said that this City is served and protected by the County-
wide efforts of the Lung Association. Mr. Tim Goddes received
CITY COUNCIL MINUTES
508 DECEMBER 8, 1975
the proclamation who stated that the Lung Association, in
existence since 1909, is charged with preventing and control-
ling lung disorders; that this action by the City of Santa Ana
demonstrates the City's support of its activities as it will
take everyone's effort to assure respiratory health to the
citizens. CA 46
PUBLIC HEARING - APPEAL OF Mayor Garthe declared
GORDON P. WIGGINS FOR SEVEN that this was the time
ADDITIONAL TAXICAB PERMITS and place for the
public hearing of the
appeal by Gordon P. Wiggins, dba Blue-White Cab Co., of the
decision of the Hearing Officer to deny his application for
permits to operate an additional seven taxicabs in thc City.
Thomas Drosman of the City Attorney's staff stated that the
hearing was held on October 3, 1975, before Mr. Robert J. Polis
in the Council Chambers; that evidence was presented by Mr.
Wiggins and his attorney; that the City Council had previously
determined that 50 certificates of convenience and necessity
to operate taxicabs would adequately serve the citizens of
Santa Ana; that Yellow Cab has 36 permits, Checker Cab has 2
and Blue-White has 12; that there was no independent showing
that public convenience and necessity would be served by the
issuance of additional permits; and that the application was
denied.
Mr. Gordon Wiggins of Blue-White Cab Co. asked if there is a
limitation in the current ordinance to 50 cabs; the response
of the City Attorney was that there was no such. limitation.
Mr. Wiggins continued by saying that at the time of his ori-
ginal application he had 14 contracts with City firms for taxi
service and that he now has 20 contracts; that Mr. Gaines of
Yellow Cab only uses 28 of his 36 permits. Mr. Wiggins sub-
mitted 34 letters from companies, 32 letters from passengers,
and a statement signed by 72 individual customers of Blue-White
Cab Company endorsing additional permits for Blue-White Cab
Company.
Others speaking in favor of the appeal of Mr. Wiggins were:
George Brazier, former manager of Blue-White Cab Company
Adrian Taylor, 1233 South Rosewood
David Pate, E1 Toro
Kathy Jo Patrick, 2056 S. Halladay
Ed Morosky, Vivanos Bar
June Dyer, Dispatcher for Blue-White Cab Company
Ellie Councilman, 2330 West Chapman, Orange
Lauren Duvatl, 1606 So. Park Drive
Those in favor of the appeal stated that the seven additional
permits were needed to provide a high level of service to the
Company's customers; to eliminate deadheading and thus conserve
fuel; to reduce customers' excessive waiting time; to eliminate
CITY COUNCIL MINUTES 509 DECEMBER 8, 1975
loss of income for drivers who cannot pick up fares in Santa
Ana because they lack a permit; and that the letters and state-
ments prove that there is a need and necessity for more taxi-
cabs in the City.
The following person spoke in opposition to the appeal:
Barry Michaelson, 2122 N. Broadway
Mr. Michaelson stated that he represented Yellow Cab Co.; he
stated that all of the evidence had been submitted to the
hearing officer; that the City's ordinance establishes the
criteria and Blue-White Cab Co., has not met the criteria for
the seven additional permits.
Mr. Gordon Wiggins spoke in rebuttal to the opposition stating
that convenience and necessity are not defined in the ordinance,
which in effect, "leaves the hearing officer's decision up in
the air."
There were no further speakers, so the Mayor closed the public
hearing.
Because' the Hearing Officer's report indicated that the2e~as
not sufficient evidence to grant additional certificates of
convenience and necessity, Councilman Ward asked if there was
a procedure to review the proportion of certificates held by
each company. The City Attorney's response was that there is
a provision that would allow the Police Chief or the City
Manager to suspend or revoke a certificate of convenience if
the holder allows the number of vehicles to fall below the num-
ber of permits issued; that to establish another:procedure
would require an ordinance change.
On the motion of Councilman Yamamoto, seconded by Councilman
Evans, the report of the hearing officer was received and filed,
his decision Upheld, and the appeal of Gordon Wiggins of Blue-
White Cab Company denied on a 5-1 vote with Councilman Bricken
dissenting.
Councilman Bricken stated for the record that the issue is not
one of unbridled competition; that the issue of free enter-
prise is involved and each Councilman must determine where to
draw the line; that he favors granting the permits because they
can be withdrawn if necessary; that the relationship between
supply and demand cannot be precisely determined which would
make it difficult to reapportion the number of permits; that
the Blue-White Cab Co. request is reasonable and they have pre-
sented as much evidence as is possible on the broad issue of
supply and demand; and that they should have an opportunity
to test the free enterprise system.
Staff was directed to recommend a procedure whereby the pro-
portion of Certificates of Convenience and Necessity outstanding
can be reviewed on the motion of Councilman Ward, seconded by
Councilman Brandt and unanimously (6-0) carried. CA 26.7
PUBLIC HEARING - APPEAL FROM Mayor Garthe announced
DENIAL OF TAXICAB OPERATOR'S that this was the time
PERMIT - ALFRED C. HICKIN and place for the
hearing of the appeal
of Alfred C. Hick&n of the Police Chief's denial of renewal
of his taxicab operator's permit.
CITY COUNCIL MINUTES 510 DECEMBER 8, 1975
Chief Raymond Davis stated that appellant applied for renewal
of his operator's permit on August 29, 1975 and listed four
moving traffic violations in the past two years; that investi-
gation revealed that he had had seven moving violations in the
last 18 months; and that in compliance with Municipal Code
Section 38-22(5) and 38-22(6) Mr. Hickin's permit renewal was
denied.
Mr. Alfred C. Hickin, 1960 Lark Ellen, Fullerton, spoke in his
own behalf by stating that when he applied for the renewal that
he did not remember all the violations he had had; that he is
51 years old and it is difficult to change occupations; that
he supports his mother, his wife and three children; that he
felt that some of the tickets he received were because of
police harassment of taxi drivers; and that he needs the job.
Others speaking in Mr. Hickin's behalf were:
George Brazier, former manager of Blue-White Cab
Kathy Jo Patrick, 2056 S. Nalladay
Lauren Duvall, 1606 South Park Drive
Oscar Parkhurst, 511 East Washington, Apartment 102
William Dawes, 1110 North Parton
The proponents stated that the applicant deserves another
chance; that the citations were for minor infractions; that
he has been employed by the same company for three years; and
that it would be fairer to place him on a year's probation to
enable him to continue to support his family.
Tliere were no other proponents or opponents and the hearing
was closed by the Mayor.
On the motion of Councilman Brandt, seconded by Councilman
Yamamoto, the decision of the Police Chief was upheld and the
appeal of Alfred C. Hickin for renewal of his taxicab operator's
permit was denied on a unanimous vote of 6-0. CA 26.3
RECESS
reconvened with the same
At 9:15 p.m. Mayor
Garthe declared a
recess; at 9:23 p.m.
the meeting was
Councilmen present.
PUBLIC HEARING - VACATION
OF A PORTION OF,SIXTH STREET
BETWEEN ROSS & SANTA ANA BLVD.
vacation of a portion of Sixth
Santa Ana Boulevard.
Mayor Garthe announced
that this was the time
and place for the
public hearing of the
Street between Ross Street and
The Planning Director Charles Zimmerman stated that the aban-
donment was approved by the Planning Commission on October 14,
1975.
CITY COUNCIL MINUTES 511 DECEMBER 8, 1975
There were no proponents or opponents and the Mayor closed
the public hearing.
The Negative Declaration was approved and filed and Resolution
No. 75-173 adopted as follows on the motion of Councilman Evans~
seconded by Councilman Yamamoto and carried (6-0) unanimously:
RESOLUTION NO. 75-173 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA ANA ORDERING
THE VACATION OF A PORTION OF SIXTH STREET IN
THE HICKEYS, ANDREWS, CRANES ADDITION TO SANTA
ANA BETWEEN ROSS STREET AND SANTA ANA BOULEVARD,
SUBJECT TO THE RESERVATION AND EXCEPTION OF A
CERTAIN EASEMENT AND RIGHT OF WAY.
CA 14
REQUEST BY DELHI ORGANIZATION
TO PURCHASE A PARCEL OF CITY
PROPERTY
1975, and the comments of Mary A.
tion and one of the volunteers at
After consideration
of the report of the
Public Works Director
dated November 11,
Shubin of the Delhi Organiza-
the Center, the 3,102.7 square
foot parcel declared surplus on July 19, 1965, (SPR NO. 39-65)
was offered for purchase by the Delhi Organization for the sum
of $100, on the motion of Councilman Brandt,'seconded by Council-
man Evans and carried (5-1) with Councilman Yamamoto dissenting.
Prior to the motion, Mrs. Shubin of 1228 South Halladay stated
that the activities of the Delhi Organization benefit the City
of Santa Ana; that their organization is supported by the New-
port League and the Volunteer Action Council and that the
Center is staffed by 75-100 volunteers; that .they do not have the
$1,000 recommended by Staff to purchase the land.
The activities of the Delhi Organization include caring for
25-30 children and according to Carmen Cornejo of 412 East
Adams, they do a wonderful job.
CA 131.6a
CA 45
ORAL COb~UNICATION Mr. Lauren Duvall,
LAUREN DUVALL 1606 South Park
Boulevard, stated
that the Council
should actively lobby for state legislation to control the
proliferation of pornographic movies, magazines and newspapers
in the City and imp.lement the laws presently in effect to eli-
minate existing pornographic operations.
Councilman Brandt replied that the City Council is pursuing
that kind of policy and referred to Ordinance NS-1287 which
had been placed on first reading.
CA 153.7
ADJOURNMENT At 9:40 P.M. Mayor
Garthe adjourned the
meeting to 12:00 Noon
December 15, 1975
at Santiago Park Clubhouse for a luncheon with the Lawn Bowl-
ing Club on the motion of Councilman Brandt, seconded by
Councilman Yamamoto and carried (6-0) unanimously.
J~J,ORENCE I. MALONE
FLOUNCE I. MALONE
CLERK OF THE COUNCIL
CITY COUNCIL MINUTES
512 DECEMBER 8, 1975