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HomeMy WebLinkAbout01-08-1979MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA January 8, 1979 The meeting was called to order at 2:00 p.m. in the City Council Chambers, 22 Civic Center Plaza, by Mayor Vernon S. Evans. ROLL CALL PRESENT: ABSENT: OTHERS PRESENT: Brandt, Evans, Garthe, Ward, Yanmmoto Bricken (arrived at 2:15 p.m.); Ortiz (arrived at 7:30 p.m.) Acting City Manager/Attorney Keith Gow; Clerk of the Council Diedre Lingenfelter; members of the staff and press. INVOCATION PLEDGE OF ALLEGIANCE Following the pledge of allegiance to the flag, the invocation was given by Councilman Brandt. RECESS - SPECIAL MEETING/ At 2:03 p.m. Council recessed to con- C~ITY REDEVELOPMENT AGENCY; vene the special meeting of the Com- REGULAR MEETING/HOUSING AIFFHORITY munity Redevelopment Agency. At 2:05 p.m. the Council reconvened, and in~nediately recessed to convene the regular meeting of the Housing Author- ity. At 2:12 p.m. the Council reconvened with the same five Council mem- bers present. CONSENT CALENDAR ITEM REMOVED & DISSENTING VOTE Item 5 F was removed from the Consent Calendar by Mayor Evans. A dissenting vote was registered byE vans on S E. CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED ~3TION was made by Garthe, seconded by Ward, to approve the staff recon~nenda- tions on the following Consent Calendar items: AYES: NOES: ABSENT: Brandt, Evans, Garthe, None Bricken, Ortiz Ward, Yamamoto MINUTES Approved the Minutes of the regular meetings of December 18, 1978 and January 2, 1979. BID CALLS Approved plans and specifications, and authorized advertisement for bids on the following: SPEC 78-037 - One diesel-powered truck (replacement). SPEC 78-038 - One skid-mounted air compressor (replacement). CA 89 BID AWARDS Awarded the following bid on the basis of being the only responsible and responsive bidder: PROJECT 7226 - Pacific Electric bike trail improvements; awarded to Aka-Tani Landscape Company, Gardena, in the amount of $50,773.25. CA 89 CITY COJNCIL MINUTES 3 JANUARY 8, 1979 CONSENT CALENDAR STAFF REC(~ATIONS APPROVED - Continued Awarded the following bid on the basis of being the lowest respon- sible and responsive bidder: SPEC 78-031 - Installation of humidity control at Bowers Museum; awarded to Service Engineering Air Conditioning Company, Inc., Santa Ana, in the amount of $14,580.00. CR 89 ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Received and filed staff report of the following: SEVERSKY, Laura E. & POLSON, Lloyd V. - 1215 East Pomona Avenue, Suite A - Original Type "42" on-sale beer & wine (public promises). PROTEST - POLICE & PLANNING COSS, Ronald G. - 145 E. Columbine - Original Type "41" on-sale beer & wine (public eating place). PROTEST - PLANNING PERT, Glendon - 1521 North Fairview - Original Type "42" on-sale beer & wine (public premises). PROTEST - PLANNING BELVEAL, Wayland O. & Alma R. - 2100 South Bristol, #A - Original Type "42" on-sale beer & wine (public premises). PROTEST - PLANNING CA 146.1 SQt~FER, Leon & Thea - 1416 South Ritchey - Person-to-person transfer - Type "41" on-sale beer & wine (bona fide public eating place). CA 146 VARIANCES; CONDITIONAL USE Approved and filed Negative Declaration PERMIT; MINOR EXCEPTIONS or Notice of Exemption, as applicable, and Findings of Fact by Planning Com- mission or Zoning Administrator on the following: NEGATIVE DECLARATION& VA 78-56 - Filed by C. N. Products to allow a mon~unent sign within 300 feet of an existing pole sign in the same retail center at 2511 N. Grand Avenue in the C5 District. APPROVED. NEGATIVE DECLARATION & VA 78-57 - Filed by Lawrence J. Lechman to omit doors and to allow unenclosed vacuum stations in a pro- posed coin-operated, car wash at 117 N. Euclid Street in the C2 District. APPROVtD. CA 13 NEGATIVE DECLARATION & CUP 78-25 - Filed by Harlequin Playhouse to allow an off-premise advertising sign at 3503 South Harbor Boulevard in theM1 District. APPROVED. CA 13.1 NOTICE OF EXtiMPTION & EX 78-39 - Filed by Steak Corral, Inc. to allow on-sale beer and wine in an existing restaurant (Steak Corral) located within 300 feet of residences at 1801 East Seven- teenth in the C5 District. APPROVED. NOTICE OF ~X~MPTION & EX 78-40 - Filed by KamYee to allow on- sale liquor in a restaurant (The Grand Buffet) presently under construction within 300 feet of residences at 2421 N. Grand Avenue in the C5 District. APPROVED. A NO vote was registered by Mayor Evans. (Agenda Item 5 E). CA 13.2 DEED WITH CASH GRANTEE CITY with the purchase: Approved the following deed and authorized Mayor and Clerk to sign all necessary documents in connection DRAKE PROPERTIES - Northeast corner Seventeenth and English streets for street and vehicular access. CA 155 CITY COUNCIL MINUTES JANUARY 8, 1979 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued DEED NO CASH GRANTOR CITY Authorized execution of the following deed by~yor and Clerk: DOUKAS, Sam G. & John G. - Southwest corner Fairview Street and Warner Avenue for vehicular access. CA 155 COMPLETION OF IMPROVEMENTS Authorized release of performance, mont~nent, labor and material bonds on the following: TRACT 8939 - South side of First Street east of Euclid Street. CA 24 BOARDS & COMMISSIONS Appointed the following in accordance with the recommendations of the City Council Committee for Appointments to Boards and Commissions (Mayor Evans, Councilmen Brandt and Yamamoto): Roy Uno, Ward 7, Planning Commission, for a partial term expiring June 30, 1981, replacing Fred Siffermann. Douglas B. Edwards, Ward 3, Orange County Vector Control District, for a partial term expiring December 31, 1979, replacing Dennie Pimental. CA 80.9 LIABILITY CLAIMS Referred to Administration claims received from December 13, to December 31, 1978. CA 65.7b COUNCIL REFERRAL S~31ARY Received and filed status report of matters referred to staff by Council. CA 80.2 PROCLAMATIONS Received and filed report of proclama- tions issued by the 3~yor from Decem- ber 31, 1978. CA 46 * * * * * * * * * CONSENT C~LENDAR FINIS * :': * * * * * * * COUNCILMAN BRICKEN arrived at 2:15 p.m. during the discussion of the follow- ing item. NOTICE OF EXD~PTION & EX 78-43 MOTION was made by Ward, seconded by 1710 E. SEVENTEENTH ST. Yamamoto, to §et for public hearing SET FOR PUBLIC HEARING FEB. 5 on February 5, 1979, Negative Declara- tion and EX 78-43, filed by G. Christin Wood to allow on-sale beer and wine in a restaurant (Sunlite Soup Company) in a new shopping center located within 300 feet of residences at 1710 E. Seventeenth in the C5 District. (Agenda Item 5 F) AYES: NOES: ABSENT: Bricken, Evans, Garthe, Ward, Yamamoto Brandt Ortiz CA 13.2 ORDINANCE NO. NS-1468 GENERAL MUNICIPAL ELECTION 2ND READING; ADOPTED MOTION was made by Ward, seconded by Brandt, to place the following ordi- nance on second reading and adopt: ORDINANCE NO. NS-1468 - An ordinance of the City of Santa Aha provid- ing for the holding of a General Municipal Election in the City of Santa Ana, California, on the 3rd day of April, 1979, for the election of three members of the City Council, giving notice of said election, hours during which the polls shall be open, and authorizing appointment of election officers to ser~e at said election. CITY COUNCIL MINUTES JANUARY 8, 1979 AYES: NOES: ABSENT: Brandt, Bricken, Evans, Garthe, Ward, Yamamoto None Ortiz CA 68 RESOLUTION NO. 79-1 PARCEL NO. 1041 - CRODDY WAY WEST OF HARBOR - ADOPTED MOTION was made by Ward, seconded by Garthe, to adopt the following resolution: RESOLUTION NO. 79-1 - A resolution of the City Council of the City of Santa Ana extending the time at which Tentative Parcel Map No. 1041 shall expire. AYES: NOES: ABSENT: Brandt, Bricken, Evans, Garthe, Ward, Yamamoto None Orti z CA 25 RESOLUTION NO. 79-2 TRAINING PROGRAMS FOR SANTA ANA TRAFFIC OFFICERS - ADOPTED MOTION was made by Ward, seconded by Garthe, to adopt the following resolution: RESOLUTION NO. 79-2 - A resolution of the City Council of the City of Santa Ana authorizing the City Manager to enter into an agreement with the California Highway Patrol to provide motorcycle and accident investigation training for Santa Ana police traffic officers. AYES: NOES: ABSENT: Brandt, Bricken, Evans, Garthe, Ward, Yamamoto None Ortiz CA 47 RESOLUTION NO. 79-3 RENDER SPECIFIED SERVICES - GEN. MUNICIPAL ELECTION - ADOPTED MOTION was made by Garthe, seconded by Ward, to adopt the following resolution: RESOLUTION NO. 79-3 - A resolution of the City Council of the City of Santa Ana requesting the Board of S~pervisors of the County of Orange to permit the Registrar of Voters of said county to render specified services to said city relating to the conduct of a General ~2nicipal Election to be held in said city on April 3, 1979. AYES: NOES: ABSENT: Brandt, Bricken, Evans, Garthe, Ward, Yamamoto None Ortiz CA 68 RESOLUTION NO. 79-4 GENERAL bfONICIPAL ELECTION APRIL 3, 1979 - ADOPTED MOTION was made by Brandt, seconded by Ward, to adopt the following resolution: RESOLUTION NO. 79-4 - A resolution of the City Council of the City of Santa Ana ordering the canvass of the General Municipal Election to be held on the 3rd day of April, 1979 to be made by the Clerk of the Council of the City of Santa Ana. AYES: NOES: ABSENT: Brandt, Bricken, Evans, Garthe, Ward, Yamamoto None Ortiz CA 68 RESOLUTION NO. 79- S ANNEXATION - "TUSTIN AVE. - FIRST ST. NORTHWEST 7%REA" - ADOPTED MOTION was made by Garthe, seconded by Ward, to adopt the following resolution: RESOLUTION NO. 79-5 - A resolution of the City Council of the City of Santa Ana ordering the annexation of the "Tustin Avenue - First Street Northwest area". AYES: NO~S: ABSFJ~FF: Brandt, Bricken, Evans, Garthe, Ward, Yamamoto None Ortiz CA 94 CITY COUNCIL MINUTES 6 JANUARY 8, 1979 BUSINESS OPPORTUNITY DAY In response to a letter dated TRADE FAIR December 11, 1978, from L~:'I"f~R OF SUPPORT - AUTHORIZED Marshall E. Nettles, Chairman of the Steering Comnittee for the Orange County Minority Business Opportunity Day Trade Fair, requesting the City to co-sponsor the second mmual trade fair to be held April 17, 1979, at the Anaheim Convention Center, MOTION was made by Ward, seconded by Brandt, to authorize staff to provide a letter of support for the event. AYES: NOES: ABStNr: Brandt, Bricken, Evmm, Garthe, Ward, Yamamoto None Ortiz CA 151 PERSONNEL BOARD FINDINGS OF FACT MDTION was made by Garthe, SUSPENSION OF JEFFREY RASMUSSEN seconded by Brandt, to RECEIVED & FILED receive and file the findings of fact and conclusions of law in the matter of the suspension of Jeffrey Rasmussen, submitted by the Personnel Board following hearing at a special meeting held on December 13, 1978. AYES: NOES: ABSENT: Brandt, Bricken, Evans, Garthe, Ward, Yamamoto None Ortiz CA 50.8A ADDITIONAL ARCHITBCTURAL SERVICES MOTIONwas made by Ward, CONSTRUCTION REPRISE- FIRE STATION 4 seconded by Brandt, to PAY~ - AUTHORIZED authorize payment of $2,950 to architects Hippe and Randell, for additional services requested by the City under an agreement dated December 19, 1977, to perform architectural services for the construc- tion of Fire Station 4 (rephase of construction). AYES: NOES: ABSENT: Brandt, Bricken, Evans, Garthe, Ward, Yamamoto None Ortiz CA 64 VACANCIES IN FULL-TIME POSITIONS MOTION was made by Ward, MDNTHLY REPORT seconded by Brandt, to RECEIVED & FILED receive and file the monthly report dated January 1, 1979, prepared by the Personnel Department, listing vacancies in full-time posi- tions. AYES: NOES: ABSt~T: Brandt, Bricken, Evans, garthe, Ward, Yamamoto None Ortiz CA 5O EXTENSION OF LEASE MOTION was made by Garthe, 902 NORTH MAIN STREET - RATIFIED seconded by Brandt, to SPACE STUDY ' REQUESTED ratify an extension from April 1, 1979, through March 31, 1981, of the lease of the building located at 902 North Main Street used by the Manpower and Housing Divisions and the Police Department, at $1,980.00 monthly. AYES: NOES: ABSENT: Brandt, Evans, Garthe, Ward, Yamamoto Bricken Ortiz CA 89 MDTIONwas made by Ward, seconded by Brandt, to request staff to prepare a space study prior to any extension and prior to Council's consideration to renew the lease of the building at 902 North Main Street. AYES: NOES: ABSENT: Brandt, Bricken, Evans, Garthe, Ward, Yamamoto None Ortiz CA 77A CITY COUNCIL MINUTES 7 JANUARY 8, 1979 LEFT TURN PROHIBITIONS MOTION was made by Ward, SANTA ANA/FIFTH/ROSS INTERSECTION seconded by Garthe, based LEFT TURNS PROHIBITED upon the analysis and recom- mended action of staff in its report dated December 27, 1978, to prohibit left turns at all times from eastbound to northbound at the intersection of Santa Ana Boulevard, Fifth Street and Ross Street. AYES: NOES: ABSENT: 'Brandt, Bricken, Evans, Garthe, Ward, Yamamoto None Ortiz CA 18.3 MOTORCYCLE QUALIFIER EVENT MOTION was made by Ward, SANTA ANA STADIUM - DECENBER 29, 1978 seconded by Brandt, to CONTINUED TO JANUARY 15, 1979 receive and file the report dated January 3, 1979, and to authorize staff to negotiate an agreement with Louis G. Kossuth for a second season of motorcycle racing at Eddie West Field-Santa Aha Stadium for Council consideration February 5, 1979. MOTION FAILED on the following vote: AYES: NOES: ABSENT: Brandt, Evans, Garthe Bricken, Ward, Yamamoto Ortiz CA 52.8 MDTIONwas made by Bricken, seconded by Ward, to continue the matter to January 15, 1979, to allow staff to establish a process or appropriate procedure for settling out the first contract and for values associated with performance and non-performance to be used for negotiation of a new contract. AYES: NOES: ABSENT: Bricken, Evans, Garthe, Ward Brandt, Yamamoto Ortiz CA 52.8 The Director of Recreation and Parks informed Council that the sod removed from the field for the races had been stored at Centennial Park, awaiting the Council approval to negotiate a contract for a second season of motor- cycle racing at the stadium; and that under the existing contract for the December 29, 1978 world qualifier event, Mr. Kossuth has until January 29, 1979 to replace the sod that was removed for the race. NEEDS ASSESS~ff~T PROJECT CONSULTANT Following a review of the ARCE & ASSOCIATES - SELECTED report dated December 18, 1978, prepared by the Comity Relations Director, listing the three firms chosen by the Human Relations Comnission for recom- mendation to the City Council to provide the City with a needs assessment for the Social Element of the General Plan, MOTION was made by Ward, seconded by Evans, to select the Santa Ana firm of Arce & Associates. AYES: NOES: ABSENT: Brandt, Bricken, Evans, Garthe, Ward, Yamamoto None Ortiz CA 78.31 HERITAGE DEVELOPMENT REQUEST Following review of a memoran- OPENINGS ON LOT LINES dtnn dated January 4, 1979, REPORT - RECEIVED & FILED from the Acting Director of Building Safety and Housing, concerning a request by Heritage Development, Inc. to allow the construction of openings in exterior walls lying congruent to the property line of recorded Tract No. 10251, a planned residential development, MOTION was made by Garthe, seconded by Ward, to receive and file the report. AYES: NOES: ABSENT: Brandt, Bricken, Garthe, Ward, Yemamoto Evans Ortiz CA 87 (Additional action was taken by Council following the evening printed agenda.) CITY COUNCIL MINUTES 8 JANUARY 8, 1979 ORAL CO~JNICATION G. Christin Wood, applicant EX 78-43 - 1710 E. 17TH STREET for Minor Exception 78-43 CLARIFICATION OF ACTION to allow on-sale beer and wine in a restaurant (Sun- lite Soup Company) in a new shopping center located at 1710 East Seventeenth Street, requested clarification of Council's action to set the matter for hearing on February 5, 1979. Staff was requested to answer any questions the applicant might have regarding the matter. CA 13.5A ORAL COB~4UNICATION Councilman Brandt advised WITHDRAWAL OF COUNTY FROM Council that the Orange CALTRANS DISTRICT #7 - STAFF DIRECTED County Transportation Commis- sion had taken action on a resolution advocating the separation of Orange County from Los Angeles and Ventura CoLmties in Caltrans District #7; and that the formation of a separate district for Orange County would increase the nt~nber of dollars available to the County for highway improvements by $29.8 million. He further pointed out that Orange County is almost equal in size to all the other CALTRANS districts combined, excluding San Francisco and San Diego. MOTION was made by Brandt, seconded by Ward, to direct staff to prepare a letter to the Orange County Transportation Commission, to the Orange County delegation, and to other parties interested in supporting a separate State transit district for Orange County. AYES: NOES: ABSM~T: Brandt, Bricken, Evans, Garthe, Ward, Yamamoto None Ortiz CA 113.5 RESOLUTION SUPPORTING MOTION was made by Brandt, GEOGRAPHICAL INSURANCE RATES seconded by Garthe, to 'direct STAFF DIRECTED staff to prepare a resolu- tion supporting geographical insurance rates. Councilman Brandt emphasized that Orange County insurance agencies have estimated an increase in insurance premit~ns of from 13% to 22% if the geographical method of calculating insurance is abandoned. AYES: NOES: ABSENT: Brandt, Evans, Garthe, Ward, Yamamoto Bricken Ortiz CA 57 RECESS At 2:50 p.m. Mayor Evans EXECUTIVE SESSION recessed the meeting for PENDING LITIGATION an executive session to discuss pending litigation; the meeting was reconvened at 3:25 p.m. and immediately recessed for dinner at the Black Angus restaurant. MEETING RECONVENED At 7:30 p.m. the meeting was INVOCATION reconvened with all Council PLEDGE OF ALLEGIANCE members present, including Councilman Ortiz. Following the pledge of allegiance to the flag, the invocation was given by Nosrat Solhjoo, member of the Bahai faith. OATHS OF OFFICE ROBERT W. LUX~URGER ROSALIND SHIGEMURA Shigemura, who were welcomed by the Council as tion Advisory Committee. Clerk of the Council Diedre Lingenfelter administered the oaths of office to Robert W. Luxembourger and Rosalind new members of the Transporta- CA 80.9 PUBLIC HEARING USE OF CD FUNDS - HISTORIC BUILDING SURVEY - AUTHORIZED Building Survey. The Mayor opened the public hearing to consider the use of block grant contingency funds for the Historic CITY COUNCIL MINUTES 9 JANUARY 8, 1979 There were no oral additions to the staff report dated November 15, 1978, prepared by Redevelopment Executive Director Richard Goblirsch. The Clerk of the Council reported there were no written commnications. In response the Mayor's invitation to proponents, Harold Thomas, 206 West Fourth Street, Executive Director of the Environmental Coalition, spoke in favor of the project, exq)hasizing the professional and comprehensive aspects of the proposed survey. There were no other speakers in favor of and no speakers in opposition to the proposal. The Mayor closed the public hearing. MOTION was made by Bricken, seconded by Garthe, to authorize a historical building survey by the Environmental Coalition of Orange County, to be funded with $6,000 of Community Development Block Grant contingency funds ($15,000 in state funds and $9,000 in-kind match), if the survey qualifies ~nder Housing and Urban Development (HUD) requirements for the funds, with the following stipulations recommended by the Co~mmnity Development Commission: 1) z) 3) that the study of historical sites be made by qualified professionals; that the Santa Ana Preservation Task Force be requested to withdraw the application for a Courthouse Historic District until the comple- tion of a citywide historic building survey and/or request of the state that a decision be deferred pending completion of the building survey; and that a letter be sent to the state by the city stating its recon~nenda- tion that action on the application for the courthouse study be deferred until completion of the citywide survey. AYES: NOES: Brandt, Bricken, Evans, Garthe, Ortiz, Ward, Yamamoto None MOTION was made by Garthe, seconded by Brandt, to authorize staff to prepare the necessary related agreement. AYBS: NOES: Brandt, Bricken, Evans, Garthe, Ortiz, Ward, Yamamoto None CA 140.20 CA 85.1G PUBLIC HEARING The Mayor opened the public USE OF CD FUNDS - BOOKMOBILE hearing to consider the use RENOVATION , AIFFHORIZED of fourth year Conmmmity Development Block Grant contingency funds for renovation of the old bookmobile for use as a public information vehicle. There were no oral additions to the staff report dated December 11, 1978, prepared by Police Lt. W. T. Weatherly, Jr. The Clerk of the Council reported there were no written commmications. There were no speakers for or against the proposal, and the Mayor closed the public hearing. MOTION was made by Brandt, seconded by Garthe, that $6,400 of fourth year Cormmnity Development Block Grant contingency funds be authorized for the renovation of the old bookmobile for use as a public information vehicle by the Police Department. AYES: NOES: Brandt, Evans, Garthe, Ortiz, Yamamoto Bricken, Ward CA 140.20 CA 47 CITY COUNCIL MINUTES 10 JANUARY 8, 1979 PUBLIC HEARING - PROPOSED BUDGET 5TH YEAR ~ITY DEVELOPM~qT FUNDS REVISED & APPROVED in the amount of $2,695,000. The Mayor opened the public hearing to consider the proposed budget for fifth year Co~m~unity Development Block Grant funds Assistant City Manager Daniel E. Stone sumnarized the information contained in the report dated December 18, 1978, prepared by Co~mnunity Development Coordinator Alice McCullough, stating that the joint fifth year budget proposal is before the Council for policy determination; that public hearings have been held and results evaluated by the joint Co~m~mity Development committee; that the reco~nendations are in line with the CD Block Grant goals; that they were approved by the City boards and co~nissions, with the exception of a request by the Human Relations Commission that funds be allocated for engineer, ing design for Newhope Street; that the proposal maintains a reasonable balance between housing, public works and commercial activities; and that it reflects the priorities of iow and moderate income citizens of Santa Ana, who are the primary beneficiaries of the program. Mr. Stone especially thanked the board and commission m~nbers and the citizens who participated in the process. The Clerk of the Council reported that a letter was received from the Santa Aha Unified School District dated January 5, 1979 signed by Sara J. Baker, Chairperson, Environmental Learning Center, and a memorandum from Councilman Ward dated January 5, 1979, regarding the Santa Arm Unified School District's request for CD funds for an Environmental Learning Center ('Heritage House"), both of which had been distributed to Council members. The Mayor invited speakers in favor of the proposal to address the Council. William Spurgeon IV, 2200 South Fairview, spoke in favor of the proposed bUdget and in favor of the SAUSD request. The following persons spoke in favor of the proposed budget and requested reallocation of contingency funds for improvements to Birch Park: Mark Vogel, 1803 Cypress, past President of Senior Citizens Club Jeanne H. Hookum, 401 West First Street, Apt. 905 David H. Williams, 1602 West Pine, representing Santa Ana City Center Association Alexander Nalle, 1926 Village Grove, member of the ad hoc C~m,Lunity Development Committee David Zdunich, 709 South Cypress, downtown businessman Mr. Zdunich also advocated expansion of Birch Park and said that he and other businessmenhad been attracted to the downtown area by theconcept of the Second Street mall (pedestrian overpass). In response to the Mayor's invitation to speakers in opposition to the proposed budget, the following persons addressed Council: Ruby Epps, 626 N. Jackson Street, said that the Santa Ana Neighborhood Organiza- tions (SANO) were in favor of the proposed budget overall, but recommended that $80,000 be taken from contingency funds for completion of the bike trail in the southeast neighborhood and stated that she would support Birch Park improvements, but would not support use of CD funds for a downtown pedestrian overpass. Anita Carranza, 2051 S. Rouselle (across from the bike trail), representing South East and Eastside Neighbors, also spoke in favor of allocation of funds for the bike trail. Mr. Zdunich and Mr. Williams stated they would support the SANO request for completion of the bike trail. Mr. Nalle pointed out, in rebuttal, that no CD funds have been budgeted for a downtown pedestrianoverpass. There were no other speakers for or against the proposed budget. The Mayor closed the public hearing. CITY COUNCIL MINUTES 11 JANUARY 8, 1979 Recreation and Parks Director Robert Gresham, in response to a question from Councilman Ward, stated that a federal grant of $203,000 will be matched by City's local share of acquisition and development moneys and presently exist- ing Redevelopment Agency funds, for a $400,000 improvement in the existing 2-acre Birch Park; that no estimates have been prepared for improvements for the redevelopment areas to the east of the park; that the $400,000 will be used to provide automatic irrigation, security and decorative lighting, a band shell, renovation of shuffle board area, introduction of a water element and other improvements to Birch Park. Following Council discussion, MOTION was made by Bricken, seconded by Ward, that the program proposed by the ad hoc co~nittee mhd the Community Develop- merit management team be approved with the following modifications: 1) 2) 3) reduce the Rehabilitation Loan Program to $200,000 and the contingency fund to $30,000; allocate $150,000 for construction of improvements to Newhope Street; approve the $90,000 requested by the Santa Ana Unified School District for the Hnvironmental Learning Center~ subject to agreement by the SAUSD to the following stipulations: a) SAUSD to join with the City and the County in a joint powers agreement for the operation of Centennial Park; b) SAUSD to contribute that portion of their land that represents the Environmental Learning Center to that program; and c) SAUSD to coordinate the development of the Center with the City and the Orange County Harbors, Beaches and Parks District development of Centennial Park, to insure nonduplication, design compatibility and public use during nonschool hours. AYES: NOES: Brandt, Bricken, Evans, Garthe, Ortiz, Ward, Yamamoto None CA 140.20 PUBLIC HEARING - ORDINANCE NO. NS-1470 The Mayor opened the public YARD AREA PARKING hearing to consider the REVISED & CONTINUED TO JANUARY 15 Initial Study No. 78-255, Negative Declaration and proposed ordinance to specify the yard areas which may not be used for off-street parking or storage of personal property. The Clerk of the Council reported there were no written conmmmications. No one responded to the Mayor's invitation to speak in favor of the proposed ordinance. Corrine B. Adams, Attorney, 615 Civic Center Drive West, Suite 220, Santa Ana, spoke in opposition to the ordinance on behalf of her client, Harold Salderini, 2313 Cottonwood, stating that Pdr. Salderini is not opposed to the ordinance, but wished to suggest to Council that the line in Section 41-607 (e) (iii) reading ". . may be used for the temporary parking of operable vehicles incidental to such use" be modified to read: "... may be used for the parking of operable vehicles, including recreational vehicles, as long as the sidewalk access is not blocked and the vehicle is not used for a dwelling". There were no other speakers, and the Mayor closed the public hearing. Following discussion by the Council, MOTION was made by Yamamoto, seconded by Ward, to request the City Attorney to modify the wording of the ordinance to define temporary parking under Section 41-607 (e) (iii) as not more than 48 hours, and to continue consideration of the ordinance to January 15, 1979. AYES: NOES: Brandt, Bricken, Evans, Garthe, Ortiz, Ward, Yamamoto None CA 78 CITY COUNCIL MINUTES 12 JANUARY 8, 1979 ORDINANCE NO. NS-1466 ANIMAL CONTROL REVISED & CONTINUED TO JANUARY 1S address the Council. The Mayor invited anyone in favor of or in opposition to proposed Ordinance No. NS-1466, relating to animal control, to Marc C. Johnson, 5413 West Silver Drive, spoke in opposition to Section 5-19, stating that he raises animals for food; the slaughter of his animals is performed in his back yard and not in public view; and he proposed rephrasing the section to allow slaughtering of animals in enclosed areas. Judy Stricker, 3001 Royal Palm Drive, Costa Mesa, expressed objections to the provisions of Section 5-6. She stated that in her opinion the keeping of barnyard animals or livestock should not be permitted at all in residential areas; and that the provision allowing the keeping of 25 small animals without a permit would encourage people to raise animals for slaughter. Mrs. Stricker also appealed to Council for a strong educational program regarding animal problems in the City. Hazel Mortensen, 8921 Blackheath Circle, Westminster, Chairman of United Humanitarians, presented Council with educational materials which she stated would encourage neutering and h~nane treatment of animals and spoke briefly on the subject. MOTION was made by Ward, seconded by Bricken, to 1) review and place the pro- posed animal control ordinance on first reading; and 2) authorize the City Attorney to prepare a resolution to amend the Uniform Schedule of Fees, Resolution No. 78-56, to include a non-refundable $50.000 application fee for a wild animal permit. A substitute MOTION was made by Bricken, seconded by Garthe, to instruct the City Attorney to revise the ordinance to 1) permit slaughtering of animals of five pounds or less in enclosed areas; and 2) change the number of animals permitted under Section 5-6A from 25 to 15; and to continue first reading to January 15, 1979. AYES: Brandt, Bricken, Garthe, Ward NOES: Evans, Ortiz, Yamamoto CA95 MAC ARTHURPARK MOTION was made by Garthe, MAINTENANCE & RECREATION PROBLEMS seconded by Brandt, to REPORT FILED receive and file the report dated January 2, 1979, prepared by the Director of Recreation and Parks, entitled '~4acArthur Park Maintenance and Recreation Program Problems". AYES: NOES: Brandt, Bricken, Evans, Garthe, Ortiz, Ward, Yamamoto None Dr. Victor Twaddell, 3734 South Towner, expressed appreciation to Councilman Brandt and staff members for their assistance in improving conditions at Mac_Arthur Park, but said that a long term final solution is still needed to resolve the soccer problem.' The Mayor thanked Dr. Twaddell for his con~nents. CA 52 HERITAGE DEVELOPMENT REQUEST On the request of Joe Barber, WINDOWS ON PROPERTY LINES 1442 Irvine Blvd., Suite 115, WAIVER GRANTED Tustin, representing Heritage Development, Inc., MOTION was made by Yamamoto, seconded by Evans, to reconsider the Heritage Develop- ment request that window openings be permitted in exterior walls which are located on property lines in Tract 10251 on the south side of Hazard Street, west of Rosita. AYES: Brandt, Evans, Ortiz, Yamamoto NOES: Garthe, Ward ABSTAINED: Bricken CITY COUNCIL MINUTES 13 JANUARY 8, 1979 Mr. Barbot stated that the windows are required for aesthetic reasons in the end units; that the tract has "postage stamp" lots and open space lots; that he feels that the conditions, covenants and restrictions (CC&R's) and the existence of special district zoning will control what will happen in the open space area; that he does not believe anyone can build on an adjacent lot without the permission of Council; that the tract map has been recorded; that moving the property lines, the solution suggested in the memorandom to Council dated January 4, 1979, from the Acting Director of Building Safety and Housing, would cause a delay of several months; that the developer was not previously aware of the problem; and that he believed the windows would be permitted in other jurisdictions. Following the City Attorney's statement that Council is the appellate body in the matter, MOTION was made by Yamamoto, seconded by Ward, that the City Cotmcil, acting as the Building Code Appeals Board in accordance with Section 204 of the Uniform Building Code, 1976 Edition, hereby grants a waiver to Heritage Development, Inc., to permit said developer to construct window openings on certain exterior property lines, which lines are protected by conditions of the CC&R's of Tract 10251. AYES: Brandt, Evans, Ward, Yamamoto NOES: Garthe, Ortiz ABSTAINED: Bricken CA 87 ORAL ~ICATION JUDY STRICKlt ANIMAL ORDINANCE relating to the slaughtering of animals. Judy Stricker spoke regarding a letter she said she had received from the City Manager's office (no date was given), CA95 ORAL ~ICATION MOTION was made by Yamamoto, REQUEST FOR PROCLAMATION seconded by Ward, to request MARTIN LUTHER KING, JR. DAY - APPROVt~) the Mayor issue a proclama- tion proclaiming January 15, 1979, as Martin Luther King, Jr. Day, as requested by Sadie Reid, 1202 West First Street. AYES: NOES: Brandt, Bricken, Evans, Garthe, Ortiz, Ward, Yamamoto None CA 46 ORAL COMMUNICATION - RESOLUTION NO. 79-8 Councilman Brandt proposed a MEISTER CO., INC. resolution expressing appre- INTRODUCED & ADOPTED ciation to the Meister Company, Inc. for the development of the Alta Vista Homes tract, bringingabout improvement in the living conditions of the residential and dentral area of the City, and read the proposed resolution in its entirety. MOTION was made by Brandt, and duly seconded, to adopt the following resolution: RESOLUTION NO. 79-8 - A resolution of the City Council of the City of Santa Anaexpressing appreciation to the Meister Company, Inc. AYES: NOES: Brandt, Bricken, Evans, Garthe, Ortiz, Ward, Yamamoto None CA 73B ORAL COB~4UNICATION - SISTER CITY Acting on the suggestion of TECATE, MEXICO PROPOSED Councilman Ortiz, MOTION was REFERRED TO STAFF made bM Garthe, seconded by Ward, to request staff to draw up a resolution approving Tecate, Mexico, as Sister City to the City of Santa Ana, and to accept a similar resolution from Tecate. AYES: NOES: Brandt, Bricken, Evans, Garthe, Ortiz, Ward, Yamamoto None CA 67 CITY COUNCIL MINUTES 14 JANUARY 8, 1979 ORAL COM~JNI CATION ORTIZ NONCANDIDACY be hindered in his service to the City and its candidate for reelection in April, 1979. Councilman Ortiz announced that due to business pressures and for personal reasons, which would cause him to citizens, he will not be a CA 8O ORAL CONIV~JNICATION At the request of Councilman GARTHE RESIGNATION FROM OFFICE Garthe, the Clerk of the ORDINANCE NO. NS-1471 Council read his memorandt~n SPECIAL ELECTION - ADOPTED to Council, dated January 5, 1979, regretfully submitting his resignation from office for necessary health reasons; urging Council to call a special n~nicipal election for April 3, 1979, to fill the unexpired portion of his term of office; and expressing his willingness to continue to serve on the boards of the Metropolitan Water District and the Orange County Water District. CA 80 MDTION was made by Yamamoto, seconded by Bricken, to introduce and adopt the following ordinance: ORDINANCE NO. NS-1471 - An ordinance of the City of Santa Ana declaring a vacancy in the office of Councilman in Ward Five and providing for the holding of. a special municipal election in the City of Santa Ana, California, on the third day of April, 1979, for the election of one member of the City Council, giving notice of said election, hours during which the polls shall be open, authorizing appointment of election officers to serve at said election; and ordering said special n~micipal election to be consolidated with the general nmmicipal election to be held on said date. Brandt, Bricken, Evans, Garthe, Ortiz, Ward, Yamamoto None CA 68 ORAL COM~JNICATION Acting City Manager/City D~WDLITION OF PROPERTY Attorney Keith Gow presented WEATHERFIELD HOMES - AUTHORIZED an offer from W. E. Mitchell, Executive Vice President, Weatherfield Homes, dated January 8, 1979, which would authorize the City Fire Department to demolish or destroy by fire property located at 14951 and 14931 TustinAvenue, for training purposes. MOTION was made by Brandt, seconded by Yamamoto, to accept the offer of Weatherfield Homes; to request the City Attorney to prepare an agreement; and to authorize execution of the agreement by Mayor and Clerk. Brandt, Bricken, Evans, Garthe, Ortiz, Ward, Yamamoto None CA 64 ORAL CObidUNICATIONS Councilmen Yamamoto and NONCANDIDACY ~ RESIGNATION Ward expressed respect and admiration for retiring Councilmen Ortiz and Garthe, and for Mayor Evans, who is ineligible for reelection. ADJO~NT At 10:07 p.m. the meeting was adjourned by unanimous informal consent of the Council. Diedre D. Lingenfelte~7 U Clerk of the Council CITY COUNCIL MINUTES 15 J~Y 8, 1979