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HomeMy WebLinkAbout11-16-1987 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA NOVEMBER 16, 1987 The meeting was called to order at 2:20 p.m., by Mayor Dan Young, in Room 423, City Hall, 20 Civic Center Plaza. Councilmembers present were John Acosta, Daniel E. Griset, Patricia A. McGuigan, and Mayor Dan Young. Also present were City Manager David N. Ream, City Attorney Edward J. Cooper and Clerk of the Council Janice C. Guy. Councilmembers Wilson B. Hart, Ron May and Miguel A. Pulido joined the meeting at 2:35 p.m., 2:40 p.m., and 3:02 p.m., respectively. COUNCIL STUDY SESSION Proposed Jail Initiative Council Services Manager Lori Howard-Griffin reviewed the actions taken by the Orange County Board of Supervisors with respect to the development of additional jail facilities within the County, and showed the Council a relief map indicating the site proposed for construction of a new 6,000-bed facility in Gypsum Canyon. She also reported that a citizens' group was currently circulating a petition intended to locate all future jails in Santa Aha. Councilmembers discussed possible actions which might be taken by the Council to prevent the location of additional jail facilities in Santa Ana. The City Attorney indicated tnat no public funds might be spent on supporting or opposing the proposed ballot measure, but indicated the Council might provide education concerning the issue. The Mayor expressed his intention to proceed with a community meeting for the purpose of educating the public concerning the proposed ballot measure, and encouraged the Councilmembers to sign a letter which would be sent to all local newspapers concerning Santa Ana's support of the Board of Supervisors decision. Dr. Tony Dalessi of ,the Santa Ana Unified School District reported the District intended to adopt a resolution similar to the City's in support of the Orange County Board of Supervisors' decision to locate the correctional facility in Gypsum Canyon. Consent Calendar Review Councilmembers expressed no concerns with respect to Consent Calendar items. CITY COUNCIL MINUTES 309 NOVEMBER 16, 1987 At 2:48 p.m., the Council recessed, and reconvened in the Council Chambers at 3:02 p.m., with all Councilmembers present except Councilmember Acosta. CONSENT CALENDAR NOTION: Approve staff recommendations on the following Consent Calendar items: MOTION: McGuigan SECOND: Pulido VOTE: AYES: Griset, Hart, May, McGuigan, Pulido, Young NOES: None ABSENT: Acosta MINUTES MOTION: 1.A. Approve Minutes. Regular Meeting of November 2, 1987 BID CALLS/REQUESTS FOR PROPOSALS MOTION: Approve plans and specifications and authorize advertisement for bids or requests for proposals as appropriate. 2.A. CONTRACTUAL PARKWAY TREE PLANTING ON VARIOUS STREETS - PHASE I - Public Works Agency. PROJ 2146 2.B. FIRST STREET MEDIAN IMPROVEMENTS FROM STANDARD AVENUE TO SANTA ANA FREEWAY (I-5) - Public Works Agency. PROJ 2538 BID AWARDS MOTION: Award in accordance with bid summary reports. ONE (1) REPLACEMENT 28,000 LB. GVWR TRUCK WITH 40-FOOT AERIAL LIFT - To DeAnza Chevrolet in the net amount of $61,920.74 including a trade-in of $4,700.00 - Public Works Agency. SPEC 87-020 ONE (1) REPLACEMENT 4 CUBIC YARD SWEEPER - To Nixon-Egli Equipment Co. in the net amount of $87,186.24 including a trade-in of $7,000.00 - Public Works Agency. SPEC 87-021 3,0. CENTENNIAL REGIONAL PARK TWO YEAR LANDSCAPE MAINTENANCE CONTRACT - To Country Mill Landscape Co. in the amount of $194,592.00 with option for two (2) consecutive one (1) year extensions - Recreation and Community Services Agency. SPEC 87-034 CITY COUNCIL MINUTES 310 NOVEMBER 16, 1987 3oEo CONTRACTUAL TREE TRIMMING ON VARIOUS STREETS - PHASE III - To V & E Tree Service in the amount of $98,554.98 - Public Works Agency. PROJ 2145 ALLEY IMPROVEMENT - WILLARD NEIGHBORHOOD - To Ruiz Engineering in the amount of $41,537.50 - Public Works Agency. PROJ 7805 CONTRACTUAL TREE PLANTING AS PART OF THE INFRASTRUCTURE IMPROVEMENT PROGRAM - PHASE I - To Landscape Constructors in the amount of $103,740.00 - Public Works Agency. PROJ 7903 McFADDEN SIDEWALK IMPROVEMENTS FROM JACKSON STREET TO MOHAWK DRIVE - To Hondo Construction Company in the amount of $116,995.00 - Public Works Agency. PR[k) 8111 ALCOHOLIC BEVERAGE CONTROL APPLICATIONS MOTION: Receive and file. B.A. MACIEL, Nicolas F., Ladislao, Jr., and Ladislao Salas - "La Guadalupana Restaurant" - 2223 W. 5th St., Original, type 41 On-sale beer and wine, public eating place. Police: Yes, above average crime rate. Planning: Land Use Certificate required. BoB. CHRISTIAN'S FARMERS MARKET, SANTA ANA, INC., and CHRISTIAN, Michael David and Susan - "Christfan's Farmers Market" - 2800 N. Main, #280, Original, type 41 On-sale beer and wine, public eating place. Police: No protest. Planning: No action required. SELEVOS, Leon and Constantine - "Malone's" - 604 E. Person-to-person transfer, type 47 On-sale general, place Police: No protest. Planning: Ho action required. Dyer Road, public eating 5°Eo CHIU, Feng-Chi - "Super Lunch" - 3917 W. Segerstrom, Person-to-person transfer, type 41 On-sale beer and wine, public eating place. Police: No protest. Planning: No action required. NGUYEN, Mirth Van and Bach Luu Thi - "New China Restaurant" - 1106 S. Bristol, Person-to-person transfer, type 41 On-sale beer and wine, public eating place. Police: No protest. Planning: No action required. CITY COUNCIL MINUTES 311 NOVEMBER 16, lg87 5.Fo 5.Ho AFGHANI, Ali and Behdokht - "Broadway Arco" - 302 W. First Street, Person-to-person transfer, type 20 Off-sale beer and wine. Police: No protest. Planning: No action required. THE SOUTHLAND CORPORATION and NGUYEN, Tri M. and Trang Huyen Vu - "7-Eleven Store" - 1220 N. Bristol, Person-to-person transfer, type 20 Off-sale beer and wine. Police: No protest. Planning: No action required. LAL, Hari S. - "Shaunasee's Broadway Bar & Grill" - 811 N. Broadway, Person-to-person transfer, type 47 On-sale general, public eating place. Police: No protest. Planning: No action required. FILE 405 AGREEMENT MOTION: Authorize the City Attorney to prepare and the Mayor and Clerk to execute agreement. 12.A. AGREEMENT NO. A-87-086 - BETWEEN THE CITY OF SANTA ANA AND DONNY OSMOND ENTERTAINMENT CORPORATION - For Toys on Parade telecast production in the amount of 540,000. FILE 910 UNINVESTIGATED LIABILITY CLAIMS MOTION: Refer to administration. 14.A. Claims received from October 26, 1987 to November 6, 1987. FILE 415 CLERK OF THE COUNCIL REPORT MOTION: Instruct Clerk to enter into the Minutes. 15.A.1. Pursuant to Government Code Section 54954.2, the November 2, 1987, City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 2:45 p.m. on October 28, 1987. REPORTS TO FIL£ MOTION: Receive and file. 16.A. 1986-87 CABLE ADVISORY BOARD ANNUAL REPORT FILE 425.05 CITY COUNCIL MINUTES 312 NOVEMBER 16, 1987 ORDINANCES SECOND READING/IMPLEMENTATION RESOLUTIONS 21.A. ZONING ORDINANCE AMENDMENT 87-12 - CUP - RETAIL/COMMERCIAL ESTABLISHMENTS IN INDUSTRIAL DISTRICTS (Placed on first reading on October 19, 1987, by unanimous vote with Hart absent.) MOTION: Place ordinance on second reading and adopt. 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. FILE 625.55 21 .B. ZONING ORDINANCE AMENDMENT NO. 87-10 - R2 STANDARDS - CARETAKER FACILITIES - DRIVE-THROUGH FACILITIES (Placed ordinances on first reading on October 19, 1987, by unanimous vote.) MOTION: Place ordinances on second reading and adopt. ORDINANCE NO. NS-19J5 - 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 Ana 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 Ana Municipal Code to Require a Conditional Use Permit for Drive-Through Eating Establishments in the Colmnercial Zones. FILE 625.55 21.C. APPEAL APPLICATION NO. 547 - VA 87-5 {Confirms Council action of November 2, 1987, with Acosta dissenting.) MOTION: Adopt resolution. RESOLUTION NO. 87-85 - A Resolution of the City Council of the City of Santa Aha Denying Variance Application No. 87-5 to Allow an Off-Premise Advertising Sign on Property Located at 2019 South Ritchey Street. FILE 625.45 CITY COUNCIL MINUTES 313 NOVEMBER 16, 1987 *****END OF CONSENT CALENDAR***** BUSINESS SESSION RESOLUTIONS 35.A. EXTENSION OF CUP 85-42 MOTION: Adopt resolution. RESOLUTION NO. 87-86 - A Resolution of the City Council of the City of Santa Aha Extending the Time when Conditional Use Permit No. 85-42, Granted for Property Located at 227 South Harbor Boulevard, Shall Expire. MOTION: McGuigan SECOND: Pulido VOTE: AYES: Griset, Hart, May, McGuigan, Pulido, Young NOES: None ABSENT: Acosta FILE 625.15 MISCELLANEOUS 60.A. CIVIC CENTER PARKING EXPANSION MOTION: 1. Adopt resolution. RESOLUTION NO. 87-88 - A Resolution of the City Council of the City of Santa Ana Approving a Site Lease by and between the City of Santa Aha and the Orange County Public Facilities Corporation and Authorizing Certain Actions in Connection Therewith. (A-87-O86A~ 2. Authorize the City Attorney to prepare and the Mayor and Clerk to execute agreement. AGREEMENT NO. A-87-087 - BETWEEN THE CITY OF SANTA ANA AND THE COUNTY OF ORANGE - For a development agreement regarding Phase I of the e~pansion of the Civic Center parking facilities. MOTION: May SECOND: McGuigan VOTE: AYES: NOES: ABSENT: Griset, Hart, May, McGuigan, Pulido, Young None Acosta FILE 140 CITY COUNCIL MINUTES 314 NOVEMBER 16, 1987 60.B. MOTION: HOMELESS ASSISTANCE PLAN - EMERGENCY SHELTER GRANT APPLICATION 1. Adopt resolution. RESOLUTION NO. 87-89 - A Resolution of the City Council of the City of Santa Aha Approving the Comprehensive Homeless Assistance Plan and Authorizing its Submission to the U.S. Department of Housing and Urban Development. Authorize the application to the U.S. Department of Housing and Urban Development for $66,000.00 allocated to the City under the McKinney Act Title IV based on a request by the YWCA (A-87-O88A). MOTION: McGuigan SECOND: Pulido VOTE: AYES: NOES: ABSENT: Griset, Hart, May, McGuigan, Pulido, Young None Acosta FILE 621 Councilmember Acosta rejoined the meeting at 3:05 p.m. 60.C. MOT I ON: FEDERAL AID URBAN {FAU) PROJECTS l. Adopt resolution. RESOLUTION NO. 87-87 - A Resolution of the City Council of the City of Santa Ana Authorizing the Mayor and the City Clerk to Execute an Amendment to Supplement No. 32 to Local Agency/State Agreement No. 07-5063; Federal Aid Urban (FAU) Systems Projects to fund Arterial Street Reconstruction of Projects with Available FAU funds. 2. Authorize the City Attorney to prepare and the Mayor and Clerk to execute agreement. AGREEMENT NO. A-87-088 - BETWEEN THE CITY OF SANTA ANA AND THE STATE OF CALIFORNIA - For an amendment to Supplement No. 32 to Local Agency Agreement No. 07-5063 to provide Federal Aid Urban System monies for the completion of arterial street reconstruction projects in the City. MOTION: Gmiset SECOND: McGuiuan VOTE: AYES: NOES: ABSENT: Acosta, Griset, Hart, May, ~.~Guigan, Pulido, Young None None FILE 1040 CITY COUNCIL MINUTES 315 NOVEMBER 16, 1987 At 3:06 p.m., the Council recessed to Closed Session. CLOSED SESSION The Clerk of the Council announced the Council was recessing to Closed Session to meet with the City Attorney pursuant to Government Code Section 94956.9(a) regarding pending litigation which has been initiated fon~ally, and to which the City is a party, Collins et al vs. City of Santa Aha; and pursuant to Government Code Section 54956.9(c) regarding a decision to initiate litigation. At 3:26 p.m., the Council reconvened with all Councilmembers present. CLOSED SESSION REPORT MOTION: Authorize the City Attorney to notify Group W Cable and Comcast Cablevision Corporation that they are in violation of the franchise, and to impose a penalty against Group W and Comcast, effective December l, 1987 if they have not complied with the conditions of their franchise by that date. MOTION: McGuigan SECOND: Hart VOTE: AYES: NOES: ABSENT: Acosta, Griset, Hart, May, McGuigan, Pulido, Young None None FILE 425.05 MOTION: Authorize dismissal of the appeal of Collins et al vs. City of Santa Aha. MOTION: McGuigan SECOND: Hart VOTE: AYES: NOES: ABSENT: Acosta, Griset, Hart, May, McGuigan, Pulido, Young None None FILE 135.05 At 3:28 p.m., the Council recessed to dinner. DXNNER RECESS - ROOM 831 CITY COUNCIL MINUTES 316 NOVEMBER 16, 1987 RECONVENED - 7:32 p.m. City Councilmembers ACOSTA, GRISET, HART, MAY McGUIGAN, PULIDO, YOUNG PLEDGE OF ALLEGIANCE XNVOCATION Dick Bridgeman, Member Christian Businessmen's Association OATH OF OFFICE Administered by the Clerk of the Council to John Lusk, Ward 4 representative to the Human Relations Con~nission. PRESENTATIONS City Seal Tile presented by COUNCILMEMBER HART to Dick Bridgeman, Chairman of the Christian Businessmen's Committee, in recognition of CBMC's service at City Council meetings. Proclamation honoring the Best Local Cable Newscast Awardee presented by COUNCILMEMBER GRISET to Chuck McKeon, Producer; Denise Salazar, Director; and Julia Van Tiem, Co-anchor of "Around and About Orange County." Certificates of Recognition presented by COUNCILMEMBER PULIDO to 14 handicapped Santa Aha Unified School District students who represented the City in the Special Olympics and their coaches, Keith Brigman and Greg Sommer. FILE 120.35 CITY COUNCIL MINUTES 317 NOVEMBER 16, 1987 RESOLUTION 35.B. RESOLUTION SUPPORTING ORANGE COUNTY PLACEMENT OF JAIL The City Manager presented the staff report relative to Resolution No. 8/-90. Scott Taylor, Administrative Assistant to Assemblyman Richard Longshore, clarified the Assemb)yman's opposition to location of additional jail facilities in Santa Ana, and to the initiative currently being circulated regarding location of all future jails in Santa Aha. Doctor Howard Garber, Citizens Anti-Crime Task Force, cited the failure of State government to "master-plan" jail sites, and recommended such planning encompass two types of facilities: l) sites in close proximity to the ajudicatory process and 2) regional facilities for longer-term incarcerations. Patricia Mill, 617 S. Starboard, spoke in support of the Santa Ana Council's position with respect to the placement of a detention and correctional facility in Gypsum Canyon. MOTION: Adopt resolution. RESOLUTION NO. 87-90 - A Resolution of the City Council of the City of Santa Aha to Support the Orange County Board of Supervisors' Decision to Locate a Detention and Correctional Facility in Gypsum Canyon. MOTION: McGuigan SECOND: Pulido VOTE: AYES: NOES: ABSENT: Acosta, Griset, Hart, May, McGuigan, Pulido, Young None None FILE 440 CITY COUNCIL MINUTES 318 NOVEMBER 16, 1987 PUBLIC HEARING 75.A. AMENDMENT APPLICATION NO. 995 Filed by Nick Bailey to rezone property located at 2406 South Main Street from the C2 (General Commercial) to the CM (Commercial Manufacturing) District to permit the operation of a building supply yard. Recommended for approval by the Plannin9 Commission on November 9, 1987, by the following vote: AYES: Godinez, Casteix, Uno, Chavez-Gomez, Miller NOES: None ABSENT: Spevacek, Sizemore Legal Notice published in the Register and mailed November 6, 1987. The Mayor opened the public hearing at 8:04 p.m. regarding Amendment Application No. 995. Charles View, Assistant Planner, presented the staff report, Planning Commission recommendation and staff comments. The Clerk of the Council reported no written communications. There were no speakers on the matter. The Mayor closed the public hearin§ at 8:08 p.m. MOTION: Approve and file Notice of Exemption and place the following ordinance on first readin9 and authorize publication of title: ORDINANCE NO. NS-1938 - An Ordinance of the City of Santa Ana Rezonin§ Certain Property Located at 2406 South Main Street from the C2 (General Commercial) District to the CM (Commercial Manufacturing) District. MOTION: McGuigan SECOND: Hart VOTE: AYES: NOES: ABSENT: Acosta, Griset, Hart, May, McGuigan, Pulido, Young None None FILE 625.05 CITY COUNCIL MINUTES 319 NOVEMBER 16, 1987 COMMENTS 90.A. PUBLIC COMMENTS A1Amezcua, 1030 W. Glenwood, urged the creation of an ad hoc commission and a multi-faceted approach to solving the problem of gang violence among juveniles in the City. Miles Leach, 2025 W. Tenth Street, expressed concern with the proposed widening of Bristol Street, indicating the planning seemed to create a street of bifurcated purpose, a "half-freeway," "half-shopping" street. Marcus Lynch, 12191 Arroyo Street, and Merle Wiseman, Safeguard Investments, 3611 S. Harbor, addressed Council requesting assistance from the Council with the issuance of a demolition permit for the property at 717 N. Lacy Street. The matter was referred to staff by the Mayor for investigation and report to Council by December 7, 1987. Tom Bay, representing the Santa Ana Chamber of Commerce, reported to Council on the recent and planned activities of the Chamber with respect to the Chamber's role of support to the community, citing such programs as Santa Aha Proud, The Chairman's Circle Spectacular, and Leadership Santa Ana as examples of the Chamber's efforts. John Raya, 4618 Hollyline, expressed concern to the Council regarding the negative press coverage resulting from the closure of the recent Public Safety meeting on gang violence to the press and the public. He also queried the Council regarding possible sewage contamination as the result of a Riverside spill, and was referred to staff for information. Sean Mill, 617 S. Starboard, addressed Council and expressed his willingness to participate in any problem solving attempts by the City with respect to gang violence among juveniles. Zeke Hernandez, representing Santa Ana LULAC, 509 N. Main Street, expressed the willingness of his organization to work in opposition to the Jail Initiative and to assist in solving gang problems; and also expressed the embarrassment suffered by his organization as a result of the absence of several Councilmembers from the Golden City Days Parade. 90.C. CITY COUNCIL COMMENTS Councilmember Pulido noted that he had received numerous communications from community members expressing a willingness to participate in solving gang violence problems. Mayor Young requested the City Manager meet with A1Amezcua for a discussion of his ideas relative to solving gang violence activities, and to report to the Council on December 7, 1987. Vice Mayor McGuigan urged caution to those driving the Thanksgiving holiday weekend and reminded the viewing audience to watch the upcoming "Toys on Parade" December 5, 1987. CITY COUNCIL MINUTES 320 NOVEMBER 16, 1987 AD~O,URNMENT At 9:06 p.m., the meeting was adjourned. ~eir~e o~' t~eUYcounc i 1 CITY COUNCIL MINUTES 321 NOVEMBER 16, 1987