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HomeMy WebLinkAbout11-02-1987 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA NOVEMBER 2, 1987 The meeting was called to order at 2:22 p.m. in Room 423, City Hall, 20 Civic Center Plaza, by Mayor Dan Young. Councilmembers present were John Acosta, Daniel E. Griset, Patricia A. McGuigan, and Mayor Young. Also present were City Manager David N. Ream, City Attorney Edward J. Cooper and Clerk of the Council Janice C. Guy. Councilmembers Miguel A. Pulido, Wilson B. Hart and Ron May joined the meeting at 2:25 p.m., 2:33 p.m., and 2:43 p.m., respectively. Councilmemb~r Hart left the meeting at 2:42 p.m. COUNCIL STUDY SESSION Pushcart Regulations Executive Assistant to the City Manager Allison Hall reviewed the contents of a memo dated October 26, 1987 to the City Manager regarding Pushcart Regulations, and explained the City's ~imary. intent in regulating pushcarts was to maintain adequate health and s'afety standards. Councilmember Acosta indicat~.he had the matter placed on the Agenda in response to a request from a'vendor regarding the requirement that pushcart operators obtain permits. Following extended discussion by the Council of the various aspects of lunch vehicle and pushcart regulations, the Council determihed that the recent changes enacted by the Council with respect to business licensing of pushcarts obviated the need to make any changes in the current procedures for issuance of licenses and:permits for pushcart vending. ' Consent Calen~r Review Councilmember~'discussed concerns with respect to Consent Calendar items. Councilmember Pulido indicated he was concerned that the City was proceeding to solicit construction management services for the Bowers Museum without the requisite financing in place for the Museum expansion {Agenda Item 2.C.). In response to Councilmember Acosta's concern that t~e bid period was too short for the Neighborhood Tree Replacement Program (Agenda Item 2.D.), staff agreed to extend the date for return of bids by two weeks. At 3:12 p.m., the Council recessed, and reconvened in the Council Chambers at 3:33 p.m., with all Councilmembers present except Councilmember Hart. CITY COUNCIL MINUTES 299 NOVEMBER 2, 1987 CONSENT CALENDAR The Mayor noted that Councilmembers Acosta and Pulido had registered "NO" votes on Agenda Item 2.C. MOTION: Approve staff recommendations on the following Consent Calendar items: MOTION: Acosta VOTE: AYES: NOES: ABSENT: SECOND: McGuigan Acosta, Griset, May, McGuigan, Pulido, Young None Hart MINUTES MOTION: 1.A. Approve Minutes. Regular Meeting of October 19, 1987 BID CALLS/REQUESTS FOR PROPOSALS MOTION: Approve plans and specifications and authorize advertisement for bids or requests for proposals as appropriate. 2DAD ENGINEERING SERVICES FOR SITE WORK AT WELL NO. 36 LOCATED AT 2401 N. BRISTOL STREET - PHASE II- Public Works Agency. FILE 850.05 (PROJ 3115) HAZARD SAFETY PROJECT; TRAFFIC SIGNAL MODIFICATIONS AT FOUR LOCATIONS - Public Works Agency. PROJ 5094/8594 2.0. CONSTRUCTION MANAGEMENT SERVICES FOR BOWERS MUSEUM EXPANSION Public Works Agency/Community Development Agency. (Councilmembers Acosta and Pulido registered "NO" votes) FILE 215 (PROJ 7463) 2oD. NEIGHBORHOOD TREE REPLACEMENT PROGR~4 - PHASE I - EASTSIDE NEIGHBORHOOD - Public Works Agency. PROJ 7854 2oE. CONSTRUCTION OF PARKING CONTROLS AT THE REGIONAL TRANSPORTATION CENTER - Public Works Agency. PRDJ 8618A eoF, CABLE TELEVISION CONSULTANT SERVICES - Recreation and Community Services Agency. FILE 425.05 CITY COUNCIL MINUTES 300 NOVEMBER 2, 1987 ALCOHOLIC BEVERAGE CONTROL APPLICATIONS MOTION: Receive and file. GAUTHIER, Steven M. - "Wilbur's Wiener Works" - 3705 S. Bristol, Original, type 41 On-sale beer and wine, public eating place. Police: Yes, above average crime rate. Planning: Land Use Certificate required. TRAN, Lan Thi and TRUONG, Van Thi Thu - "Truong Tien Restaurant" - 4702 W. 1st St., ~F, Original, type 41 On-sale beer and wine, public eating place. Police: No protest. Planning: Land Use Certificate required. 5oCo LAM & MA CO. INC. - "Rod's Liquor Store" - 2710 W. Edinger, #H, Person-to-person transfer, type 21 Off-sale general. Police: No protest. Planning: No action required. 5oD. HART, Nancy O'Grady and KEANE, Mary Patricia - "Snack Shop" - 1800 W. 22nd St., Person-to-person transfer, type 40 On-sale beer. Police: No protest. Planning: No action required. SUH, Duk Soon - "Chinese Buffet" - 314 W. 4th St., Person-to-person transfer, type 41 On-sale beer and wine, public eating place. Police: No protest. Planning: No action required. FILE 405 DEED - NO CASH - GRANTOR - CITY MOTION: Authorize execution of deed by Mayor and Clerk. 6.A. McDONNELL DOUGLAS REALTY COMPANY - ES/Lyon at St. Andrews; Redundant Right-of-Way. DEED 7402 CONDITIONAL USE PERMIT/VARIANCE MOTION: Approve and file Negative Declaration, Notice of Exemption and Findings of Fact. NOTICE OF EXEMPTION AND CUP 87-15 - Filed by Anthony C. Rodrigo to allow the establishment of a day school at an existing church faci}ity located at 1600 West Myrtle Street in the R1 District. Staff recommendation to Planning Commission: APPROVAL. Planning Commission Action: APPROVED. FILE 625.15 8.8. NEGATIVE DECLARATION AND VA 87-9 - Filed by Michael M. Hanafi to allow the construction of an auto repair facility on a lot in the C2 District which does not conform to the Code requirement for street frontage located at 1706 W. First Street. Staff recommendation to Planning Commission: APPROVAL. Planning Commission Action: APPROVED. FILE 625.45 CITY COUNCIL MINUTES 301 NOVEMBER 2, }987 NOTICE OF COMPLETION MOTION: Authorize release of performance, monument, labor and material bonds. lO.A. TRACT MAP NO. 12470 - South side of Segerstrom Avenue at Griset Place. FILE 625.30 AGREEMENTS MOTION: Authorize the City Attorney to prepare and the Mayor and Clerk to execute agreements. 12.A. AGREEMENT NO. A-87-084 - BETWEEN THE CITY OF SANTA ANA AND SANTA ANA VENTURE - For perimeter road landscaping, irrigation and maintenance in the amount of $1,500 per year. FILE 615.05 12.B. AGREEMENT NO. A-87-085 - BETWEEN THE CITY OF SANTA ANA AND PRIDE DEYELDPMENT DAY CARE, INC. - Amendment to agreement to increase allocation by $8,500.00 of the 1987-88 Co)~nunity Development Block Grant funds to provide for improved child care facilities and services. FILE 610.05 BOARDS/COMMISSIONS/COMMII-FEES 13.A. REAPPOINTMENT MOTION: Reappoint. 13.A.1. COUNCILMEMBER MAY as the City's representative to tne Inter-County Airport Authority for a first full term expiring October 24, 1991. FILE llO.15 UNINVESTIGATED LIABILITY CLAIMS MOTION: Refer to administration. 14.A. Claims received from October 12, 1987 to October 23, 1987. FILE 415 CLERK OF THE COUNCIL REPORT MOTION: 15.A.l'. Instruct Clerk to enter into the Minutes. Pursuant to Government Code Section 54954.2, the October 19, 1987, City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 8:30 a.m. on October 15, 1987. CITY COUNCIL MINUTES 302 NOVEMBER 2, 1987 REPORTS TO FILE MOTION: Receive and file. 16,A. MONTHLY REPORT OF INVESTMENTS AS OF SEPTEMBER 30, 16.B. BRISTOL CORRIDOR REDEVELOPMENT PROJECT - 1987 FILE 310.25 SECTION 33327 NOTICE FILE 615.30 CONTINUE ITEM 17.A. MOTION: HOTEL REGISTRATION RECORDS (Continued by Council on October 19, 1987 by unanimous vote.) Postpone consideration pending further staff analysis. ORDINANCE NO. NS-1933 - An Ordinance of the City of Santa Ana Amending Section 35-135 of the Santa Aha Municipal Code to Establish Specifications for Hotel Registration Records. FILE 315 *****END OF CONSENT CALENDAR***** BUSINESS SESSION ORDINANCES 25.A. ZONING ORDINANCE AMENDMENT 87-12 - CUP - RETAIL/COMMERCIAL ESTABLISHMENTS IN INDUSTRIAL DISTRICTS MOTION: Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS-1934 - An Ordinance of the City of Santa Ana Amending Sections 41-472 and 41-472.5 of the Santa Aha Municipal Code to Require a Conditional Use Permit for Most Types of Commercial Uses in the M1 (Light Industrial) Use District. MOTION: McGuigan SECOND: Pulido VOTE: AYES: NOES: ABSENT: Acosta, Griset, May, McGuigan, Pulido, Young None Hart FILE 625.55 CITY COUNCIL MINUTES 303 NOVEMBER 2, 1987 Councilmember Hart rejoined the meeting at 3:36 p.m. 25.B. ZONING ORDINANCE AMENDMENT NO. 87-10 - R2 STANDARDS - CARETAKER FACILITIES - DRIVE-THROUGH FACILITIES MOTION: Place ordinances on first reading and authorize publication of titles. ORDINANCE NO. NS-1935 - An Ordinance of the City of Santa Ana Amending Sections 41-247, 41-247.5, 41-250, 41-251 and 41-252 of the Santa Ana Municipal Code and Adding Sections 41-255 and 41-256 Thereto, to Revise the Zoning Regulations for the R2 Use District. ORDINANCE NO. NS-1936 - An Ordinance of the City of Santa Aha Adding Section 41-479 to the Santa Ana Municipal Code and Amending Section 41-489 to Allow Caretaker Quarters in the M1 Use District. ORDINANCE NO. NS-1937 - An Ordinance of the City of Santa Ana Amending Sections 41-365, 41-365.5, and 41-412.5 of the Santa Aha Municipal Code to Require a Conditional Use Permit for Drive-Through Eating Establishments in the Commercial Zones. MOTION: Griset SECOND: May VOTE: AYES: Acosta, NOES: None ABSENT: None Griset, Hart, May, McGuigan, Pulido, Young FILE 625.55 RESOLUTION 35.A. OFFICIAL CITY DEPOSITORY DESIGNATION MOTION: Adopt resolution. RESOLUTION NO. 87-83 - A Resolution of the City Council of the City of Santa Ana Designating Security Pacific Bank as the Depository for City of Santa Ana Funds effective January l, 1988, and Designating Signatures Authorized for the Purpose of Withdrawal of said Funds. MOTION: Acosta SECOND: May VOTE: AYES: NOES: ABSENT: Acosta, Griset, Hart, May, McGuigan, Pulido, Young None None FILE 310 CITY COUNCIL MINUTES 304 NOVEMBER 2, 1987 MISCELLANEOUS 60.A. 1987-88 CIVIC CENTER SPECIAL MAINTENANCE PROJECTS BUDGET - APPROPRIATION ADJUSTMENT NO. 043 MOTION: 1) Approve revised FY 1987-88 Civic Center Special Maintenance (Capital Project) budget of ~1,873,000.00 authorizing expenditures for City-supervised ($690,000.00) and County-supervised ($1,183,000.00) projects. FILE 140 2) Approve. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. 043 - Transferring $149,000.00 from account 74-243-Civic Center Capital Projects to 74-623-Civic Center Project Charge. MOTION: Acosta SECOND: Griset VOTE: AYES: NOES: ABSENT: Acosta, Griset, Hart, May, McGuigan, Pulido, Young None None FILE 310.05 140 60.B. ANNUAL REFUSE COLLECTION RATE ADJUSTMENT - APPROPRIATION ADJUSTMENT NO. 058 Florence Leach, 2025 W. Tenth Street, addressed Council requesting that Item 60.B. be deferred to the Evening Session. Following staff's assurance to Mrs. Leach that residents would be informed of the new fees for refuse collection services through the water billing process, the Council acted on the matter. MOTION: l) Adopt resolution. RESOLUTION NO. 87-84 - A Resolution of the City Council of the City of Santa Ana Establishing a New Schedule of Service Charges for Refuse Collection Services. FILE 843 2) Approve. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. 058 - Transferring 53,265.00 from account 069-OlO-Refuse Collection to 069-521-291. MOTION: Acosta SECOND: Hart VOTE: AYES: NOES: ABSENT: Acosta, Griset, Hart, May, McGuigan, Pulido, Young None None FILE 310.05 843 CITY COUNCIL MINUTES 305 NOVEMBER 2, 1987 HOUSING AUTHORITY At 3:49 p.m., the Council recessed to the Housing Authority, reconvening at 3:51 p.m., with the same Councilmembers present and tn~ediately recessed to dinner. DINNER RECESS - ROOM 831 RECONVENED: 7:32 p.m. City Councilmembers ACOSTA, GRISET, HART, MAY, McGUIGAN, PULIDO, YOUNG PLEDGE OF ALLEGIANCE ]NVOCATION John Kulisich, Member Christian Businessmen's Association PRESENTATIONS Proclamation declaring November 1987, as "POW-MIA Month," presented by COUNCILMEMBER ACOSTA to Barbara Robertson, Margaret Finch, Angel Quinones, and John Pagel, representatives of POW-MIA Wives. Certificate of Recognition presented by MAYOR YOUNG to Janice C. Guy, Clerk of the Council, for her recent election to President, Clerks' Department, League of California Cities. Proclamation declaring the week of November 7-14, 1987, as "Hazardous Waste Awareness Week," presented by VICE MAYOR McGUIGAN to Judy Lloyd, Public Information Officer, University of California, Irvine. Proclamation declaring the month of November 1987, as "United Way Month," presented by COUNCILMEMBER MAY to Sister Barbara Klem, Executive Loan Officer of United Way. CITY COUNCIL MINUTES 306 NOVEMBER 2, 1987 PUBLIC HEARING 75.A. APPEAL APPLICATION NO. 547 - VA 87-5 Filed by Gannett Outdoor Advertising Co., Inc. of Southern California to permit the construction of a 54-foot high billboard sign located at 2019 S. Ritchey Street within 750 feet of a freeway right-of-way in the M1 District. Recommended for denial by the Planning Commission on July 30, 1987, by the following vote: AYES: Godinez, NOES: Miller ABSENT: None Spevacek, Casteix, Uno, Chavez-Gomez, Sizemore Legal Notice mailed October 26, 1987. The public hearing was opened at 8:01 p.m. by Mayor Young on Appeal Application No. 547 - VA 87-5. The staff report, Planning Commission recommendations and staff comments were presented by Larry Yenglin, Assistant Planner. The Clerk of the Council indicated no written communications had been filed with regard to the appeal. The following persons spoke in favor of Appeal Application No. 547: Lydia Sul'livan, Gannett Outdoor Advertising A1 Ryness, 141 The Masters Circle, Costa Mesa The following persons spoke in opposition to the Appeal Application No. 547: Dan O'Neil, 2061 S. Ritchey Jay Palchikoff, Pettis, Tester, Kruse & Krinsky, Counsel for McDonnell Douglas Realty Co. There were no other speakers on the matter. The Mayor closed the public hearing. At 8:25 p.m., the Council recessed and reconvened at 8:30 p.m. with all Councilmembers present. MOTION: Approve and file Negative Declaration and instruct the City Attorney to prepare a resolution denying Appeal Application #547, denying VA 87-5 and affirming the decision of the Planning Commission. MOTION: Griset SECOND: Hart VOTE: AYES: NOES: ABSENT: Griset, Hart, May, McGuigan, Pulido, Young Acosta None FILE 625.45 CITY COUNCIL MINUTES 307 NOVEMBER 2, 1987 COMMENTS 90.A. PUBLIC COMMENTS J. R. Powell, 109 N. Wright, addressed Council expressing concern that Santa Aha was not in compliance with the terms of the grant of Prentice Park to the City. John Raya, 4618 W. Hollyline, addressed Council expressing concern regarding gang violence, and urged the Council to instruct the Public Safety Committee to investigate means of mitigating gang activity. Ron Heike, lOlO W. Santa Clara, invited Councilmembers to attend "Casino Night," a fund raiser for Santa Ana's 1988 Rose Parade Float, scheduled for November 21 at the Regional Transportation Center from 7:00 p.m. to 12:00 a.m., and distributed complimentary tickets to the Council. 90.C. CITY COUNCIL COMMENTS Councilmember Griset urged the listening audience and public to vote on November 3, 1987. Councilmembers Acosta, May and Pulido echoed Mr. Raya's concerns with respect to gang violence, and indicated the City would be developing a program to reduce such activity. Vice Mayor McGuigan noted that several cities made use of an arbitrator for traffic problems, and suggested the City Attorney investigate possible use of an arbitrator for Code Enforcement. Mayor Young requested staff investigate the City's current procedures with respect to written communications regarding late payment of water bills, and report to the Council at a future date. Councilmember May recognized Councilmember Hart's birthday. ADJOURNMENT At 9:ll p.m., the meeting was adjourned. /~ler~ of theYcouncil CITY COUNCIL MINUTES 308 NOVEMBER 2, 1987