HomeMy WebLinkAbout10-18-1971MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA
October 18, 1971
The meeting was called to order at 2:10 P. M., in the Council Chambers of the
City Hall Annex, 530 North Ross Street, with the following Councilmen present:
Vernon S. Evans, J. Ogden Markel, Jerry M. Patterson, Ray Villa, Harry
K. Yamamoto, and Mayor Lorin Griset. Councilman Herrin was absent. Also
present were Assistant City Manager Bruce Spragg, City Attorney James
Withers, Director of Planning Herbert Wieland, Director of Public Works
Ronald Wolford, and Clerk of the Council Florence I. Malone.
On motion of Councilman Villa, seconded by Councilman Evans and unanimously
carried, Councilman Herrin was granted permission to be absent from Council for
the month of October.
EXECUTIVE SESSION At 2:15 P.M., the meeting was
adjourned to an Executive Session
to consider a Planning Commission
vacancy and any legal matters the City Attorney might wish to discuss. The
meeting reconvened at 3:20 P.M., with the same Councilmen present.
The Mayor announced that applications from 25 persons were considered to fill
the vacancy on the Planning Commission caused by the resignation of Mr. Jack
Hall, and at the next Council meeting, November 1, Council will interview Mr.
Elias (Alex) Acevedo, John Acosta, Ernestine Ransom, and Hugh Dunn~ and will
make their selection from one of these four persons.
MINUTES The Minutes of the Regular Meeting of
October 4, 1971 were approved as
submitted, on motion of Councilman
Yamamoto, seconded by Councilman Villa, and unanimously carried.
READING WAIVED On motion of Councilman Patterson,
seconded by Councilman Yamamoto, and
unanimously carried, the full reading of
ordinances and resolutions, the titles of which appeared on the public Agenda,
was waived.
ORD. NS-1085 ORDINANCE NS-1085 AMENDING THE
TRASH ABATEMENT SANTA ANA MUNICIPAL CODE BY
ADDING SECTION 16-7 PERTAINING TO
THE AUTHORITY OF PUBLIC OFFICERS OR EMPLOYEES TO ISSUE CITATIONS,
AND AMENDING SECTIONS 16-46, 16-47, 16-48, 16-49 AND 16-50 PERTAINING
TO GARBAGE, RUBBISH AND WEED ABATEMENT was adopted on motion of
Councilman Patterson, seconded by Councilman Yamamoto, and carried on the
CITY COUNCIL -339- October 18, 1971
ORD. NS-1085
TRASH ABATEMENT - (Continued)
following roll call vote:
AYES: Patterson,
NOES: None
ABSENT: Herrin
Yamamoto, Villa, Evans, Griset, Markel
ORD. NS-1094 Mr. Don Brothers, Secretary of the
CIVIL SERVICE REGULATIONS Santa Ana Firemen's Association,
stated there is a difference of opinion
on Section 9-163 pertaining to employees who have accumulated more than the
maximum sick leave; that this matter was presented to the Personnel Board
and the Association does not believe that the Board's opinion is reflected in this
ordinance.
In response to a question from the Mayor, the Assistant City Manager stated that
no one would automatically lose any accumulation over 160 days, but that they would
not be able to accumulate more than 160 days -in the future, and anyone who used
hours that have been accumulated over the maximum would not be able to earn
more until the number of da'y~accumulated fell below 160.
Consideration of the ordinance was continued to the next regular meeting on the
unanimously carried motion of Councilman Patterson, seconded by Councilman
Evans.
RES. 71-96 RESOLUTION 71-96 OVERRULING THE
CUP ~1~23 DECISION OF THE PLANNING
CHARLES AND MARGARET J. HUFF COMMISSION AND CONDITIONALLY
GRANTING CUP 71-23 FILED BY
CHARLES AND MARGARET J. HUFF was adopted on mcxtion of Councilman
Markel, seconded by Councilman Yamamoto, and carried unanimously.
RES. 71-97 RESOLUTION 71-97 OVERRULING THE
VA 71-46 DECISION OF THE PLANNING
F.E. AND FRANCES McCARTER COMMISSION AND CONDITIONALLY
GRANTING VA 71-46 FILED BY F. E.
AND FRANCES McCARTER was adopted on motion of Councilman Patterson,
seconded by Councilman Evans, and carried on the following roll call vote:
AYES: Patterson, Evans
NOES: Markel
ABSENT: Herrin
Villa, Griset, Yamamoto
CITY COUNCIL
-340-
October 18, 1971
RES. 71-99 RESOLUTION 71-99 APPROVING THE
HERSEY-SPARLING METER CO. SETTLEMENT OFFERED BY
HERSEY-SPARLING METER CO., AND
AUTHORIZING THE MAYOR TO EXECUTE THE RELEASE AND COVENANT
NOT TO SUE ON BEHALF OF THE CItY OF SANTA ANA was adopted on motion
of Councilman Evans, seconded by Councilman Patterson, and unanimously carried.
PORTOLA PARK Staff report regarding a complaint on
incidents in PortoLa Park was received
and ordered filed on motion of Council-
man VilLa, seconded by Councilman Evans, and unanimously carried.
BUDGET TRANSFER A budget transfer was requested to
provide funds for purchase of a street
sweeper (agenda item 36-E). In
response to questions from the Council, Staff members stated that the trade-in
allowed for the old sweeper was less than that allowed last year due to the
condition of the sweeper, the model, etc.; that with the purchase of the new
sweeper, the City will have a fleet of five 3-wheel Wayne sweepers; and that
there was only one bidder because of the City's specifications on the type of
elevator belt.
On motion of Councilman Evans, seconded by Councilman Villa, and unanimously
carried, Council approved transfer of funds in the amount of $2,350 from account
51-551-631 to account 51-531-641 to cover additional funds needed for replacement
of street sweeper No. 1953.
STREET CLOSURE POLICY Report from Staff regarding the $300
deposit required under the Street
Closure Policy for temporary functions
was received and ordered filed on motion of Councilman Evans, seconded by
Councilman Patterson, and unanimously carried.
MASS TRANSPORTATION CAPITAL RESOLUTION NO. 71-98 - A RESOLUTION
IMPROVEMENT GRANT OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AUTHORIZING THE
FILING OF AN APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION,
UNITED STATUES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS
TRANSPORTATION ACT OF 1964, AS AMENDED, was adopted on motion of
CounciLman Villa, seconded by Councilman Patterson, and carried on the following
roll call vote:
AYES:
NOES:
ABSENT:
Villa, Patterson, Griset,
Evans, Markel
Herrin
Yamamoto
CABLE TELEVISION SYSTEMS On motion of Councilman Yamamoto,
seconded by Councilman Evans, and
unanimously carried, Council received
and ordered filed letter from Rancho Santiago Community College District,
CITY COUNCIL -341- October 18, 1971
CABLE TELEVISION SYSTEMS - (Continued)
dated October 5, 1971, concerning-the potential of expanded cable television
systems in Orange County.
In further discussion, Councilman Patterson asked what positive action had
been taken to obtain Cable Television for the City of Santa Aha. The Assistant
City Manager stated that the City has a basic enabling ordinance which provides
for the right of the City Council to grant an exclusive franchise for a certain
number of years with the right to revoke the license if the system is not
developed; that over the past two or three years there have been inquiries that
have never progressed to the filing of an application; that the Staff is available
for ~fscussions but has not sought an aggressive, outward approach.
Councilman Patterson's motion, seconded by Councilman Villa, to instruct
the City Manager and staff to investigate the possibilities of a Cable Television
franchise for the City of Santa Ana and report back to the Council, was
unanimously carried.
THE PEOPLE'S CLINIC The Mayor stated that Mr. Ronatd
Lunceford, Director, The People's
Clinic, had provided a list of the
Board of Directors which included names of ten local persons. Council
unanimously endorsed The People's Clinic, 720 Sbuth Bristol, Santa Aha, a
non-profit organization offering free psychological service to the community,
on motion of Councilman Yamamoto, seconded by Councilman Villa.
POOL TABLE APPLICATION Request from Ronald Lee and Darlene
Rae Stark for permit to operate pool
tables at The Love Inn beer bar
located at 2317 West First Street, was granted on motion of Councilman Patterson,
seconded by Councilman Villa, and carried on a 5 - 1 vote, Councilman
Yamamoto voting NO.
STREET SIGNS On motion of Councilman Evans,
seconded by Councilman Villa, and
unanimously carried, Council
referred to Staff a petition requesting street signs on West Elder Avenue
between Raitt and Center Streets.
TRAFFIC CONTROL On motion of Councilman Villa,
seconded by Councilman Patterson,
and unanimously carried, Council
referred to Staff a letter dated October 4, 1971, from Mrs. Richard L. Bratt
concerning traffic control on Fairview between Edinger and Warner Avenues.
CITY COUNCIL -342- October 18, 1971
LOW AND MODERATE INCOME On motion of Councilman Evans,
HOUSING seconded by Councilman Villa, and
unanimously carried, Council received
and ordered filed letter dated September 16, 1971, from Orange Section, Cai
Chapter, American Institute of Planners, concerning adequate and safe housing
for all income levels.
RESIGNATION FROM PLANNING On motion of Councilman Patterson,
COMMISSION seconded by Councilman Villa, and
unanimously carried, letter from
Jack N. Hall resigning from the Planning Commission effective October 12,
1971, was received and ordered filed, and Council requested that a letter be
sent to Mr. Hall acknowledging the great contribution he has made to the City
of Santa Ana.
CHRISTMAS PARADE Contribution in the amount of $2, 500
to the Santa Ana Jr. Chamber of
Commerce for financial aid for the
Christmas Parade, December 4, 1971, was authorized on motion of Councilman
Villa, seconded by Councilman Evans, and carried on the following roll call
vote:
AYES: Villa, Evans, Griset, Yamamoto, Patterson
NOES: Markel
ABSENT: Herrin
CONSENT CALENDAR The following Agenda items were
removed from the Consent Calendar:
Item 39, requested by Councilman
Yamamoto; Items 36-E, 41-A, 43-B and 50, requested by Councilman Markel;
and Item 44-C, requested by Councilman Patterson.
On motion of Councilman Yamamoto, seconded by Councilman Patterson, and
unanimously carried, Council affirmed the recommended action on the following
Consent Calendar items:
BID CALLS
Approved plans and specifications and
authorized advertisement for bids on
the following:
SPEC. 641-254 - 12 Fire Alarm Boxes (additional equipment);
opening date November 5, 1971.
CITY COUNCIL -343- October 18, 1971
CONSENT CALENDAR - (Continued)
BID AWARDS
Awarded contracts as follows:
PROJECT 2012 - Construct Dyer Road from Flower Street to
Main Street, and PROJECT 1322 - Construct Flower Street
from Sunflower Avenue to MacArthur Boulevard; awarded
contract to E.L. White Co., Orange, on basis of low bidder;
and rejected all other bids.
PROJECT 6045 - Install lighting at two ball fields in Centennial
Park; awarded contract to A G R Electric, Inc., Anaheim, on
basis of low bidder; and rejected all other bids.
PROJECT 6047 - Place emulsion - aggregate slurry seal on
parking lots at Jerome, Windsor, Heritage and Rostra Parks
and on all-purpose court at Windsor Park; awarded bid to
Asphalt Coating Co., Fullerton, on basis of low bid; and rejected
all other bids.
SPEC. 641-245 - 20 park benches; 43 picnic tables; awarded item
#1 (benches) to R.G. Detmers& Assoc., West Covina, as lowest
bidder meeting specifications in the amount of $882.00; and
awarded item #2 (tables) to Belson Mfg. Co., North Aurora,
Illinois, as lowest bidder meeting specifications, in the amount
of $3,225 plus tax in the amount of $161.25 to be paid direct to
the State because Belson is out of State and cannot collect
California tax; and rejected all other bids.
TRAFFIC
October
1971, inclusive.
Received and ordered filed report
of control devices removed or
installed September 17 through
SOLICITATION A PPLICA TIONS
Approved the following applications:
GIRL SCOUT COUNCIL OF ORANGE COUNTY, 1320 E.
Chestnut, calendar sale to raise funds for improvement
and maintenance of camps, certain operating expenses
concerned with camp program, and to keep camp fees at~ a
minimum, month of November, 1971.
MUSCULAR DYSTROPHY ASSOCIATION, 1503-J Tustin Avenue
canister distribution and door-to-door march to support world-
wide research program, and to hold monthly clinic at Childrens
Hospital, months of November and December, 1971~
CAMP FIRE GIRLS, ORANGE COUNTY COUNCIL, INC., candy
sale to supplement funds received from the Santa Ana-Tustin
Community Chest to balance the budget for the council's operating
expenses, January 20 to February 7, 1972.
CITY COUNCIL -344- October 18, 1971
CONSENT CALENDAR - (Continued)
JEWISH WAR VETERANS OF~AMERICA, ORANGE COUNTY
POST #760 AND AUXILLIARY, poppy sale, to raise funds
for Long Beach Veterans Hospital, ~J. S.O. Fairview Street
Hospital, and needy veterans' families, from October 20 to
October 26, 1971.
CHRIST FOR INDIA-MISSIONS INTERNATIONAL, 408 West
Fourth Street, collect discarded items and sell them to carry on
Christian work at home and abroad, for 60 days from date of
approval.
CHURCH OF JESUS CHRIST AND THE PROPHETS - LIFE
MISSION, 921 W. St. Andrew Place, direct business contact
door-to-door solicitation, to raise funds for welfare of
children for the Holidays, for 60 days from date of approval,
There will be no telephone solicitation.
VARIANCES AND
CONDITIONAL USE PERMITS
Received and ordered filed the
the following application:
VA 71-50, PACIFIC SOUTHWEST REALTY COMPANY - To
permit a temporary bank structure and temporary street
improvements and signs for a period of two years on property
in the CR District and waive the requirement that 1/3 of the
lot be parking, at 3730 S. Bristol Street; APPROVED.
DEEDS Received and ordered filed report
of No-Cash Deeds accepted by the
City Manager, pursuant to
Resolution #69-156, from September 29 through October 13, 1971, inclusive.
Authorized execution of the following deeds by Mayor and Clerk:
VARIOUS OWNERS OF RECORD, west side of Main Street,
Columbine to Dyer, vehicular access rights.
TENTATIVE PARCEL MAPS
requirement on the following:
Approved, subject to conditions
contained in Planning Director's
report, and waived the:alley
TENTATIVE PARCEL MAP #713 - Filed by R.H. Grant
Company, creating two (2) R 1 parcels for residential developments,
and one (1) CR parcel for church site, located generally
between Main Street and Flower on the south side of Dyer Road.
CITY COUNCIL
-345-
October 18, 1971
CONSENT CALENDAR - (Continued)
TENTATIVE PARCEL MAP #715 - Filed by Dunn Properties
creating nine (9) M 1 parcels~,: seven for industrial use, one
(1) for restaurant, and one (1) for a service station, located
on the northeast corner of McFadden Avenue and Grand Avenue.
CLAIM FOR PERSONAL INJURIES
Permission to present a late
claim on behalf of minor chil'd,,
Ronald Allan Allen, was granted.
BID AWARD
was awarded as follows:
On motion of Councilman Villa,
seconded by Councilman Patterson,
and unanimously carried, contract
SPEC. 641-246 - Street sweeper (replacement for City unit #
1953); awarded contract to Dearth Machinery Company, Baldwin
Park, as the only bidder, at $18,527.25 less trade-in of a 1966
Mobil Sweeper for $1, 989.00 for a total net cost to the City of
$16, 538.25.
ALCOHOLIC BEVERAGE It was moved by Councilman
LICENSE APPLICATIONS Patterson, seconded by Council-
man Villa, to receive and file
the following Alcoholic Beverage License applications:
FROLIC INN, 1902 S. Standard, On Sale Beer, Person to
Person;
SUGAR SHACK, 3610-B W. Bolsa, On Sale Beer, Person to
Person;
HIGDAY, DONALD J. & DANNIEMARIE, 1117 W. 17th Street,
On Sale Beer, Person to Person;
VALLEY CENTER LIQUOR, 5125 W. Edinger, Off Sale
General, Premise to Premise;
and to instruct the City Attorney to file a protest with the Alcoholic Beverage
Contrb~ Board on the following applications:
LOYAL ORDER OF MOOSE, 717 S. Lyon, Club License,~
Premise to Premise; within 300' of residential;
PELLEY'S CHOW BELL, 1208 E. McFadden, On Sale
Beer & Wine, Original; within 300' of residential;
HOSPER, PAUL, 1520 S. Flower, On Sale Beer, Original;
within 300' of residential.
Motion carried on a 4 - 2 vote, Councilmen Yamamoto and Evans dissenting.
CITY COUNCIL -346- October 18, 1971
VARIANCE APPLICATION VA 71-49, HARLAN C. ERICKSON-
BRISTOL PROPERTIES - To
construct an industrial building in
the A 1District at 2941 Hesperian; APPROVED, was received and ordered
filed on motion of Councilman Evans, seconded by Councilman Villa, and
carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Evans, Villa, Griset, Yamamoto,
Markel
Herrin
Patterson
DEED On motion of Councilman Patterson,
seconded by Councilman Yamamoto,
Council approved the following deed and
authorized the Mayor to sign all necessary documents in connection with the
purchase:
FERREL, north side of First Street, west of Pacific, for
street purposes.
Motion carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Yamamoto, Villa, Evans, Griset
Markel
Herrin
TENTATIVE TRACT MAP Councilman Patterson expressed
concern that apartment developments
are being permitted in the south area,
and requested a report from Staff on the reasons for their recommendation for
approval. Planning Director Wieland stated that this property is being
divided into three separate parcels for condominiums; that there had been
several hearings before the Planning Commission; that there have been a number
of problems involving the Public Works Department, such as a frontage of
only 60' on Lyon and on McFadden, difficult access, and the fact that two of
the boundaries would be a flood control channel and a railroad. He stated it
would be very doubtful if the property could be developed for R 1 because of
the lack of frontage, lack of street access, and the peculiarly shaped parcel;
that most of Lyon Street is in multi-family development; that Tract Map #7492
provides for well over 100 units of housing, with density of approxir~ately 16
units per acre. In response to a question from Mayor Griset concerning industrial
development of the property, the Planning Director stated that this would also
be very difficult because of access problems; that both Lyon and McFadden begin
just immediately in front of the railroad tracks, and that in the proposed
development any possibility of through traffic has been eliminated; and that there
is the additional problem of frontage for industrial development, with the only
possibility being acquisition of single-family homes now fronting on Lyon, which
has been attempted in the past without success.
CITY COUNCIL -347- October 18, 1971
TENTATIVE PARCEL MAP - (Continued)
Councilman Villa stated he was in ,favor of the condominium development
because of the problems involved in industrial or single-family development;
that the City needs this type of construction, and that the City Council is
lending to the depression by stopping such construction.
Councilman Markel agreed with Councilman Villa, stating that no one would
want to build a single-family residence next to a railroad track, and that he
felt this development would be in harmony with other construction already in
the area.
Councilman Markel's motion, seconded by Councilman Villa, to approve
Tentative Tract Map #7492, subject to conditions contained in Planning
Director's report, failed to carry on the following roll call vote:
AYES:
NOES:
ABSENT:
Markel, Villa, Evans
Griset, Yamamoto, Patterson
He rrin
SURPLUS PROPERTY Councilman Yamamoto's motion,
REPORT NO. 71-11 seconded by Councilman Patterson,
to declare surplus and authorize
the demolition of the building at 1729, 1731 West First Street, carried on the
following roll call vote:
A YES:
NOES:
ABSENT:
Yamamoto, Patterson, Villa, Griset
Evans, Markel
He rrin
RECESS
At 4:30 P.M., a recess was declared.
The meeting reconvened at 4:45 P.M.,
with the ~e Councilmen present.
Councilman Patterson introdtlced Rick Norris, a student at Cal State Fullerton,
who is working with him under the Political Science Internship Program. He
explained that the interns assist Councilmen in gathering data and in doing
"leg work" for them. Mr. Norris is a four-year veteran of the Marines, married,
and lives in Yorba Linda.
CULTURAL HERITAGE BOARD Councilman Evans introduced a letter
from Mrs. Weston Walker of L. I. S.A.
requesting foi~matioi~ of a Cultural
Heritage Board to work for preservation of City landmarks.
Council voted unanimously to refer the material to Staff for review and report
at a later meeting in regard to formation of a Cultural Heritage Board, on
motion of Councilman Evans, seconded by Councilman Markel.
CITY COUNCIL -348- October 18, 1971
TRAFFIC SIGNAL Councilman Villa reported that a
FIRST AND JACKSON child was injured at the intersection
of First and Jackson recently, and
requested that a traffic signal be installed there. He stated he had requested a
year ago that a study be made of this intersection, and that he was concerned as
to what the Staff had found and why no action had been taken.
In response to a question from the Mayor, the Public Works Director stated a
count was made since school started for a determination that the intersection
warrants a traffic signal; that there is a school crossing guard assigned there.
Councilman Villa's motion, seconded by Councilman Yamamoto, that a traffic
signal be installed at the intersection of First Street and Jackson Avenue, failed
to carry on the following roll call vote:
AYES: Villa, Yamamoto
NOES: Evans, Griset, Patterson, Markel
ABSENT: I-Ie r rin
Councilman Evans stated that in the near future there will be a request from
citizens for a signal at Sullivan and Willits.
RES. 71-100 RESOLUTION 71-100 APPROVING
STREET VACATION MAP AND DECLARING INTENTION
CIVIC CENTER DRIVE TO VACATE ALLEY ON NORTH
SIDETM OF CIVIC CENTER DRIVE
BETWEEN ROSS STREET AND VAN NESS AVENUE; RESERVING AN EASEMENT
THEREIN FOR PACIFIC TELEPHONE COMPANY AND GIVING NOTICE OF
HEARING THEREON was adopted on the unanimously approved motion of Council-
man Yamamoto, seconded by Councilman Evans. Prior to its adoption, full
reading of the Resolution was waived and it was read by title only, on the
unanimously carried motion of Councilman Evans, seconded by Councilman
Yamamoto.
RECESS At 5:05 P.M., the meeting was
recessed to 7:30 P.M., at which tirre
it was reconvened with all Council
members present. Following the Pledge of Allegiance to the Flag, the Invocation
was given by Mayor Griset.
PUBLIC HEARING The Mayor announced that the Robert
APPEAL # 279 - VA 71-48 H. Grant Co., had submitted a letter
ROBERT II. GRANT CO. requesting continuance of this matter
to the regular Council meeting of
December 6, 1971. Councilman Villa's motion, seconded by Councilman Evans~
to continue Appeal #279 to December 6, 1971, carried on a 5 - 1 vote, Councilman
Patterson dissenting.
CITY COUNCIL
-349-
October 18, 1971
FURNITURE/ANTIQUE
BUYER PERMIT
to work as a furniture/antique buyer.
The Mayor opened the public hearing
on an appeal filed by Michael D. Hally
from Police Chief's denial of a Permit
The Mayor requested Staff comments, and Assistant City Manager Spragg stated
that the Police Department had no discretion in denying this Permit because of
the way the Code is written; that the Council does have that discretion, and under
the circumstances, Staff recommended that the appeal be granted.
Mr. Michael D. Hally stated that he has been unable to find ~vork in Data Processing,
for which he is trained, but has found work in antique buying, and requested that
permission be granted for him to work in this field.
There were no further proponents or opponents in this matter, and the Clerk
reported no written communications had been received. The Mayor closed the
public hearing,
Councilman Patterson's motion, seconded by Councilman Yamamoto, to grant the
appeal and instruct the Police Chief to issue a Permit to Mr. Michael D. Hally
to work as a furniture/antique buyer, carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Yamamoto, Villa, Evans~ Griset~ Markel
None
Herrin
HARBOR DISTRIBUTING The Mayor requested a statement from
COMPANY the City Attorney regarding the appeal
filed by Norman R. Atkins on behalf
of the applicant appealing the decision of the Hearing Officer on application for
permit for peep show establishments located at 225 N. Harbor Boulevard and
1510 N. Harbor Boulevard.
The Attorney stated that the Council's obligation was to determine if substantial
evidence was presented before the Administrative Board and to either uphold or
overrule its Hearing Officer's decision; that the applicant should be granted the
opportunity to present additional evidence, but not cumulative evidence; that if it
is a legal appeal to challenge the Code, the Staff may accede to the applicant's
position or require a court hearing to establish the truth of his position.
The Mayor stated that if the applicant does not have new evidence, it was not the
intent of the Council to rule on whether or not this in violation of the law or
whether the City ordinance is unconstitutional.
The Attorney stated that it would be well beyond the scope of the Council's
responsibility to rule on the constitutionality of an ordinance that they had enacted.
The Mayor opened the public hearing.
CITY COUNCIL -350- October 18, 1971
HARBOR DISTRIBUTING COMPANY - (Continued)
Mr. Norman R. Atkins~ attorney representing the applicant, stated that he
does not agree with the City Attorney's opinion; that his client had spent
$9, 000 in attempting to comply with the ordinance, and that they have met
all health and safety requirements; that the only item which has not been
resolved is the matter of a misdemeanor conviction of a limited partner,
who was convicted of selling obscene materials; and that the California
Supreme Court decided in the case of James Perrine, East Los Angeles
Court, Los Angeles County, that convictions of this character cannot supply
a reason for denying a license. He stated his client should not be required
to file a law suit.
Councilman Patterson asked how the facts of the Perrine case would apply;to
the matter under consideration. The City Attorney stated that the Perrine
case, involving a book store, is substantially different from an arcade with
peep shows; that the Police Department has reported that the eroticism of the
film has given rise to~ audience participation and that employees who are hired
by these stores to maintain order who have been convicted of lewd acts them-
selves would not seem to be the kind of policing agents the City would want; that
the ordinance was drafted in good faith in an attempt to regulate certain activities
in these stores, but not to regulate the content of the material shown nor to act
as censors; and that the Council is now being asked to come to a legal decision
which should be left to the Courts.
Mr. Atkins stated that in his opinion the Perrine case is the controlling issue,
and that the Council should not disregard the decision of the California Supreme
Court.
There were no further proponents or opponents in the matter, and the Mayor
closed the public hearing,
There was further discussion concerning the Perrtne case and the conviction of
Phillip Manville Andrews, a limited partner, for sale of obscene material;
Councilman Patterson stated that he is not necessarily in favor ofp~ep shows,
but strongly supports free speech and free expression and that any form of censor-
ship is appalling. Councilman Villa stated there must be respect for individual
liberties and constitutional rights; that whether or not the Perrine case applies
should be the decision of the Court; that when a citizen comes in to request a
permit, he should be told in the beginning that it is not going to be issued, before
he spends a great deal of money in trying to comply with the ordinance,
Councilman Evans' motion, seconded by Councilman Yamamoto, to uphold the
Hearing Officer's denial of a Permit for Peep Show Establishments located at
225 N. Harobr Boulevard and 1510 N. Harbor Boulevard, carried on the following
roll call vote:
AYES:
NOES:
ABSENT:
Evans, Yamamoto; Griset,
Villa, Patterson
Herrin
Markel
CITY COUNCIL -351- October 18, 1971
ADJOURNMENT The Mayor declared the meeting
adjourned at 8:30 P.M.
Florence I. Malone
Clerk of the Council
CITY COUNCIL -352- October 18, 1971