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HomeMy WebLinkAbout07-05-1988 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JULY 5, 1988 At 2:05 p.m., the Assistant Clerk of the Council called the regular meeting of the Santa Aha City Council to order in Room 423, City Hall, 20 Civic Center Plaza, Santa Aha. Since there were no Councilmembers present to respond to the call of the roll, the Assistant Clerk declared the meeting adjourned to 4:00 p.m. in Room 423. The meeting was called to order at 4:15 p.m. in Room 423, by Mayor Dan Young. Councilmembers present were John Acosta, Ron May, Patricia A. McGuigan, and Mayor Young. Also present were Acting City Manager Lori Howard, City Attorney Edward J. Cooper and Clerk of the Council Janice C. Guy. Councilmembers Daniel E. Griset, Miguel A. Pulido and Wilson B. Hart joined the meeting at 4:45 p.m., 4:50 p.m., and 7:32 p.m., respectively. COUNCIL STUDY SESSION SIGN ORDINANCE REVIEW Jeff Rice, Assistant Planner, explained to Councilmembers that the Sign Code adopted in 1984 and revised in 1986 provided the regulatory basis for sign installations throughout the City. Charles View, Assistant Planner, indicated that in addition to being regulated by the Sign Code, developments in the downtown area were governed by a Design and Development Standards policy. He reviewed several instances where staff had recommended the approval of variances from the Sign Code based on the unique architectural characteristics of the development. Both Planners indicated that improvements to the Sign Code were in process, including amendments which would address the historic characteristics of the downtown area. They also responded to Councilmembers' specific questions regarding Sign Ordinance applications. CONSENT CALENDAR REVIEW Councilmembers discussed concerns with respect to Consent Calendar items. Councilmember Acosta expressed his intent to register "NO" votes on Items 3.A., 3.C. and 3.G. due to response by only one firm to each bid request, resulting in lack of a competitive price. RECESSED - 4:46 P.M. CITY COUNCIL MINUTES 203 JULY 5, 1988 RECONVENED IN COUNCIL CHN4BERS - 4:52 P.M. - Al1 Councilmembers present except gouncilmember Hart. CONSENT CALENDAR The Mayor announced the following amendments to the Consent Calendar: MOTION: l) Abstention by Councilmember Acosta on Item 2.E. 2) Registration of "NO" votes by Councilmember Acosta on Items 3.A., 3.C. and 3.G. 3) Registration of a "NO" vote by Mayor Young on Item 13.A. 4) Amendment of the motion on Item 19.C. to include a letter from the Mayor expressing the City's appreciation for the donation. Approve Consent Calendar items: MOTION: Acosta SECOND: VOTE: AYES: NOES: ABSENT: McGuigan Acosta, Griset, May, McGuigan, Pulido, Young None Hart MINUTES MOT I ON: 1.A. Approve Minutes. Regular Meeting of June 20, 1988. BID CALLS/REQUESTS FOR PROPOSALS MOTION: Approve plans and specifications and authorize advertisement for bids. 2oAo LEASE OF TWO COPIER DUPLICATING SYSTEMS - Finance and Management Services Agency. SPEC 88-018 2oBo HAZARD ELIMINATION SAFETY PROJECT - TRAFFIC SIGNAL MODIFICATIONS - Public Works Agency. PROJ 1461 2oC, STREET RESURFACING OF MACARTHUR BOULEVARD - MAIN STREET TO THE EAST CITY LIMIT - Public Works Agency. PROJ 1492 MOTION: 2.D. Authorize request for proposals. EVALUATION AND PRIORITIZATION OF COMMERCIAL/RESIDENTIAL HISTORIC STRUCTURES - Planning and Building Agency. FILE 205 CITY COUNCIL MINUTES 204 JULY 5, 1988 MO? O : ~.E. ReJect a11 bids and authorize readvertisement for bids. CONSTRUCTION OF FIRE STAT[ON NO. 9 - Fire Department/Public Norks Agency. (COUNCILMEMBER ACOSTA ABSTAINEO) PROd 6146/7807 BID AWARDS MOTIO#: Award as recommended in Request for Council Action. 3.Ao WEED ABATEMENT AND RUBBISH REMOVAL - To Edwin Webber, Inc. in the amount of $75,464.07 - Public Works Agency. (COUNCILMEMBER ACOSTA REGISTERED A "NO" VOTE) SPEC 88-009 3.8* ALLEY IMPROVEMENTS - EASTSIDE AND NORTH CENTRAL NEIGHBORHOODS - TO Nobest Inc. in the amount of $235,898.90 - Public Works Agency. PROJ 7805/7908/7910 3,C. CONTRACTUAL PARKWAY TREE PLANTING (PHASE IV) - FRENCH PARK AND WASHINGTON SQUARE NEIGHBORHOODS - To Landscape Constructors in the amount of $71,466.00 - Public Works Agency. (COUNCILMEMBER ACOSTA REGISTERED A "NO" VOTE) PROd 7854 SIDEWALK REPLACEMENT - HENINGER PARK NEIGHBORHOOD - To Sully-Miller Contracting Co. in the amount of $176,251.00 - Public Works Agency. PROJ 7857C/9142C CONTRACTUAL PARKWAY TREE REMOVAL (PHASE II) - BRISTOL MANOR NEIGHBORHOOD AND MAJOR ARTERIALS - To Edney Tree Service in the amount of $17,624.88 - Public Works Agency. PROd 7903 3°F, CONTRACTUAL TREE TRIMMING ON VARIOUS STREETS (PHASE I) - To V & E Tree Service in the amount of $37,647.00 - Public Works Agency. PROJ 7909 3 .Go CONTRACTUAL PARKWAY TREE PLANTING (PHASE III) - HENINGER PARK NEIGHBORHOOD - To Landscape Constructors in the amount of $167,442.00 - Public Works Agency. (COUNCILMEMBER ACOSTA REGISTERED A "NO" VOTE) PROd 7909 ALCOHOLIC BEVERAGE CONTROL APPLICATIONS MOTION: Receive and file. LA SALSA OPERATIONS, INC. - "La Salsa" - 2800 N. Main, #900, Original, type 41 On-sale beer and wine, public eating place. Police: No protest. Planning: No action required. NORDSTROM, INC. - "Cafe Nordstrom" - 2820 N. Main, Original, type 41 On-sale beer and wine, public eating place. Police: No protest. Planning: Land Use Certificate required. CITY COUNCIL MINUTES 205 JULY 5, 1988 5,6. 5.0, BULLOCK'S INC. - "Bullock's Santa Ana"- 2800 N. Main, Person-to-person transfer, type 20 Off-sale beer and wine. Police: No protest. Planning: No action required. ROBINSON, Doris and Jim - "J&D Jr. Market" - ll31 S. Grand, Person-to-person transfer, type 41 On-sale beer and wine, public eating place. Police: No protest. Planning: No action required. PHAM, Ly D. - "Pho Cuong Restaurant" - 2610 W. Edinger, #A, Person-to-person transfer, type 41 On-sale beer and wine, public eating place. Police: No protest. Planning: No action required. HUANG, Whei-Mei - "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. MUSCI, Antonio - "Adriano Ristorante Italiano" - 3314 S. Bristol, 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-GILRNTOR CITY MOTION: A~thorize execution of deed by Mayor and Clerk. 6.A. SOUTHERN CALIFORNIA EDISON COMPANY, Southwest Senior Center/NW McFadden g Center - Electrical Power Easement. DEED 7458 CONDITIONAL USE PEPMIT/VARIANCES/PARKING WAIVERS MOTION: Approve and file Notices of Exemption, Negative Declarations, and Findings of Fact. 8°A. CUP NO. 88-8 - Filed by The Gardner Group to convert a portion of an existing light industrial park into a retail space located at 1400 Village Way in the M1 District. Staff recommendation to the Planning Commission: APPROVAL. Planning Commtssio~ Action: APPROVAL. FILE 625.15 8,a° CUP NO. 88-10 - Filed by Btrtcher to permit the New Horizons Computer Learning Center to operate a computer training school located at 1231 E. Dyer Road in Specific Development Plan No. 21 District. Staff recommendation to the Planning Commission: APPROVAL. Planning Commission action: APPROVAL. FILE 625.15 CITY COUNCIL MINUTES 206 JULY 5, 1988 8oC, 8.Do CUP NO. 88-12 - Filed by Santa Fe Land Improvement Company to allow an evening extension campus of Azusa Pacific to belocated at 1801E. Edinger Avenue tn the M1 District. Staff recommendation to the Planning Commission: APPROVAL. Planning Commission action: APPROVAL. ~ FILE 625.15 VARIANCE NO. 88-8 - Filed by Metropolitan Outdoor Advertising to permit the construction of a 59-foot, two-faced billboard located at 2131 S. Standard Avenue in the M1 District. Staff recommendation to the Planning Commission: APPROVAL. Planning Commission action: APPROVAL. FILE 625.45 AGREEMENTS MOTION: Authorize the City Attorney to prepare and the Mayor and Clerk to execute agreements. 12.A. AGREEMENT NO. A-88-062 - BETWEEN THE CITY OF SANTA ANA AND THE CITY OF COSTA MESA - For police helicopter patrol services in an amount not to exceed $100,000.00 - Police Department. FILE 715 12.B. AGREEMENT NO. A-88-063 - BETWEEN THE CITY OF SANTA ANA AND AGENCY MEMBERS - For the admission of the City of Mission Viejo as a member of the San Joaquin Hills and Foothill/Eastern Transportation Corridor Agencies - Public Works Agency. FILE 1025 12.C. AGREEMENT NO. A-88-064 - BETWEEN THE CITY OF SANTA ANA AND THE FERGUSON COMPANY - For advocacy services in an amount not to exceed $35,000.00 - City Manager. FILE 445 12.D. AGREEMENT NO. A-88-065 - BETWEEN THE CITY OF SANTA ANA AND DORI OWEN - For management services in an amount not to exceed $20,000.00 - City Manager. FILE 130 12.E. AGREEMENT NO. A-88-066 - BETWEEN THE CITY OF SANTA ANA AND TO~4 BYSTRY - For cable television maintenance services in an amount not to exceed $34,000.00 paid at the rate of $25.00 per hour for 40 hrs. per week during July 1-September 30, 1988, and thereafter at $27.00 per hour for 20 hrs. per week - Recreation and Community Services Agency. FILE 425.05 BOAROS/COMMISSIONS/COMMITT£ES 13.A. NOMINATIONS MOTION: Set for consideration at next regular meeting. 13.A.1. Zeke Hernandez, 701E. Fifth St., #23, nominated by Councilmember Acosta as Ward 3 representative to the Housing Advisory Commission for a partial term expiring November 30, 1988. (Replacing Fields) (MAYOR YOUNG REGISTERED A "NO" VOTE) FILE llO.15 CITY COUNCIL MINUTES 207 JULY 5, 1988 UNINVESTIGATED LIABILITY CLAIMS MOTION: Refer to administration. 14.A. Claims received from June 13, 1988 to June 24, 1988. FILE 415 CLERK OF MOTION: 15.A.1.. 15.A.3. THE COUNCIL REPORT Instruct Clerk to enter into the Minutes. Pursuant to Government Code Section 54954.2, the June 20, 1988, City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 8:30 a.m. on June 16, 1988. Pursuant to Government Code Section 54955, the adjournment of the dune 20, 1988, City Council Meeting to 4:00 p.m. was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 2:05 p.m. on June 20, 1988. REPORTS TO FILE MOTION: Receive and file. 16.A. MONTHLY REPORT OF INVESTMENTS AS OF MAY 31, 1988 FILE 310.25 CONTINUE ITEMS MOTION: 17.A. Continue to July 18, 1988. APPEAL APPLICATION NO. 88-2 - CUP NO. 88-6 - TENTATIVE TRACT MAP NO. 13543 FILE 625.15 625.30 HEARINGS AND RELATED ACTZVITIES MOTION: 1) Authorize Clerk of the Council to appoint a hearing officer and fix the time and place for hearing the appeal. 2) Authorize payment of said hearing officer. 18.A. INDUSTRIAL DISABILITY RETIREMENT APPE)~L' - BURRELL WILSON FILE 135.05 CITY COUNCIL MINUTES 208 JULY 5, 1988 M%SCELLANEOUS 19.A. DENSITY BONUS PROGRAM MOTION: Approve program and authorize Executive Director of the Community Development Agency to execute. Density Bonus Program and Affordable Development Agreements. FILE 621 lg.B. MOTION: DEFERRED COMPENSATION PLAN Approve. Deferred Compensation P)an of the City of Santa Aha as amended. FILE 500 19.C. MOTION: TOBISHIMA DEVELOPMENT COMPANY DONATION Approve and authorize a letter be sent from the Mayor expressing City's appreciation for donation. Acceptance of donation of $30,000.00 from Tobishima Development Company to be used for the Southwest Senior Center and the 1989 Rose Parade Float. FILE 917 glo LEGISLATIVE ACTIONS/FEDERAL AND STATE 20.A. ASSEMBLY BILL NO. 1732 (ISENBERG) - PRESCRIPTION PRICES MOTION: Declare support for and direct staff tJ notify the appropriate legislators of the Council's action. Proposed legislation which would limit the prescription price charged to a prescriber to cost plus five percent. FILE 450 20.B. MOTION: ASSEMBLY BILL NO. 2771 (CHACON) - SMALL BUSINESS DEVELOPMENT Declare support for and direct staff to notify the appropriate legislators of the Council's action. Proposed legislation which would require urban development corporations to give high priority in the issuance of loans to business incubators and to businesses which lease space in incubators. FILE 450 CITY COUNCIL MINUTES 209 JULY 5, 1988 20.C. MOTION: ASSEMBLY BILL NO. 4099 (HAUSER) - BUILDING RESTRICTIONS Declare opposition to and direct staff to notify the appropriate legislators of the Council's action. Proposed legislation which would impose more stringent State regulations regarding building permits or buildable lots. FILE 450 20.D. MOTXON: SENATE BILL NO. 2072 (BERGESON) - HOUSING ELEMENT Declare opposition to and direct staff to notify the appropriate legislators of the Council's action. Proposed legislation which would direct Housing and Community Development to adopt its Housing Element guidelines as regulations, thereby transforming advisory provisions into mandates by January l, lg90. FILE 450 ORDINANCES SECOND READING VOTES IN THIS CATEGORY WILL SHOW AS RECORDED AT FIRST READING. ABSENCES AT FIRST READING WILL BECOME A~FIRMATIVE VOTES UNLESS OTHERWISE INDICATED. ABSENCE AT SECOND READING WILL BE RECORDED AS SUCH. ITENS WITH INSUFFICIENT "AYE" VOTES FOR APPROVAL WILL BE AUTOMATICALLY CARRIED FORWARD TO THE NEXT REGULAR COUNCIL AGENDA. MOTION: Place ordinances on second reading and adopt. 21.A. FISCAL YEAR 1988-89 BUDGET (Placed on first reading on June 20, 1988, by unanimous vote.) ORDINANCE NO. Ns-)g64 - An Ordinance of the City of Santa Ama Appropriating Monies to the Several Offices, Agencies and Departments of the City for the Fiscal Year Commencing July l, 1988. FILE 310.10 21 .B. AMENDMENT APPLICATION NO. 1006 - PARCEL MAP 88-15g (Placed on first reading on June 20, 1988, by unanimous vote.) ORDINANCE NO. NS-1965 - An Ordinance of the City of Santa Aha Rezoning Certain Property Located at 3210 West Fifth Street from the SD (Specific Development) and C2 (General Commercial) Districts to the R2 (Two-Family Residential) Distr~ct. FILE 625.05 625.25 **WW*END OF CONSENT CALENDAR**~*** CITY COUNCIL MINUTES 210 JULY 5, 1988 SESSION ORDINANCE/FIRST READING 25.A. PERMITS FOR POOL/BILLIARD HALLS MOTION: Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS-1966 - An Ordinance of the City of Santa Ana Amending Section 29-1 of the Santa Aha Municipal Code and Adding Sections 29-1.1 and 29-1.2 Thereto to Provide for Annual Permits for Pool and Billiards Establishments and to Provide for a Fee for Such Permit Applications. MOTION: Acosta SECOND: McGuigan VOTE: AYES: NOES: ABSENT: Acosta, Griset, May, McGuigan, Pulido, Young None Hart FILE 310.30 RESOLUTIONS 35.A. CANDIDATE STATEMENT CHARGES - 1988 ELECTION MOTION: Adopt resolution. RESOLUTION NO. 88-47 - A Resolution of the City Council of the City of Santa Aha Establishing a Charge for Candidates' Statements to be Submitted to the Electorate in the 1988 General Municipal Election. MOTION: Acosta SECOND: May VOTE: AYES: NOES: ABSENT: Acosta, Griset, May, McGuigan, Pulido, Young No ne Hart FILE 145 35.B. MOTION: INITIATIVE PETITION FILING FEES Adopt resolution. RESOLUTION NO. 88-48 - A Resolution of the City Council of the City of Santa Ana Adopting a Fee for the Filing of Initiatives. MOTION: Acosta VOTE: AYES: NOES: ABSENT: SECOND: McGuigan Acosta, Griset, May, McGuigan, Pulido, Young None Hart FILE 310.30 CITY COUNCIL MINUTES 211 JULY 5, lg88 35.C. MO?IO#~ DRAINAGE AND SEWER CONNECTION FEES Adopt resolutions. RESOLUTION NO. 88-49 - A Resolution of the City Council City of Santa Ana Setting Drainage Area Fees. RESOLUTION NO. 88-50 - A Resolution of the City Council City of Santa Ana Setting Sewer Connection Fees. MOTION: May VOTE: AYES: NOES: ABSENT: of the of the SECOND: Griset Acosta, Griset, May, McGuigan, Pulido, Young None Hart FILE 310.30 35.D. MOTION: A.RTERIAL HIGHWAY FINANCING PROGP~a~4- FISCAL YEAR 1988-89 Adopt resolution. RESOLUTION NO. 88-51 - A Resolution of the City Council of the City of Santa Aha to Provide Annual Requalification for Participation in the Arterial Highway Financing Program for Fiscal Year 1988-89. MOTION: McGuigan SECOND: Pulido VOTE: AYES: NOES: ABSENT: Acosta, Griset, May, McGuigan, Pulido, Young None Hart FILE 1025 35.E. MOTION: TRAINING FOR SANTA ANA POLICE TRAFFIC OFFICERS THROUGH THE CALIFORNIA HIGHWAY PATROL Adopt resolution. RESOLUTION NO. 88-52 - A Resolution of the City Council of the City of Santa Ana Authorizing Execution of Training Program Participation Agreements with the California Highway Patrol. MOTION: McGuigan SECOND: Acosta VOTE: AYES: Acosta, Griset, May, ~Guigan, Pulido, Young NOES: None ABSENT: Hart FILE 715 CITY COUNCIL MINUTES 212 JULY 5, 1988 APPROPRIATION ADdUSTHENTS/COHBINED ZTENS NOTION: Continue the following to duly 18, 1988. 60.A. TRANSPORTATION SYSTEM IHPROVEMENT PROGRAH AREA FEES l) ORDINANCE NO. NS-1967 - An Ordinance of the City of Santa Ana Amending Section 8-44 of the Santa Ana Municipal Code to Provide for the Setting of Transportation System Improvement Program Area Fees by Resolution of the City Council. (25.B.) FILE 310.30 2) RESOLUTION NO. 88-53 - A Resolution of the City Council of the City of Santa Ana Setting Development Fees for Transportation System Improvement Program Areas B through F. (35.F.) FILE 3i0.30 60.B. RESIDENTIAL DEVELOPMENT FEES - PARK ACQUISITION AND DEVELOPMENT l) 2) ORDINANCE NO. 1968 - An Ordinance of the City of Santa Ana Amending Sections 35-11- and 35-111 of the Santa Aha Municipal Code to Provide for the Setting of Park Acquisition and Development Fees by Resolution of the City Council. (25.C.) FILE 310.30 RESOLUTION NO. 88-54 - A Resolution of the City Council of the City of Santa Aha Setting Park Acquisition and Development Fees. (35.G.) FILE 310.30 MOTION: Acosta SECOND: Pulido VOTE: AYES: NOES: ABSENT: Acosta, Griset, M~y, McGuigan, Pulido, Young None Hart RECESSED TO THE HOUSING AUTHORITY - 4:58 P.M. RECONVENEU - 4:59 P.M. - All Councilmembers present except Councilmember Hart. RECESSED TO CLOSED,SESSION- ROON147 - 4:59 P.N. The Clerk of the Council announced the Council was recessingto Closed Session pursuant to Government Code Section 54956.9(a) to confer with the City Attorney regarding pending litigation which had been initiated formally, and to which the City was a party, to wit, Weina vs. City of Santa Ana (Worker's Compensation), and McMahon vs. City of Santa Ana (Worker's Compensation); and pursuant to Government Code Section 54956.9(b)(1) regarding pending litigation of significant exposure. CITY COUNCIL MINUTES 213 JULY 5, 1988 RECONYENED IN COUNCIL CHAMBERS - 5:15 P.#. - All Counctlmemberspresent excep: Councllmemoer Grlset and Hart. CLOSED SESSION REPORT -~OUNCIL CHAMBERS MOTXON: Authorize settlement of the following cases: 1) Weina vs. City of Santa Ana (Worker's Compensation) in a stipulation in the amount of $47,460.00. 2) DeMarco, et al vs. City of Santa Ana in the amount of $33,500.00. MOTION: McGuigan SECOND: Pulido VOTE: AYES: Acosta, May, McGuigan, Pulido, Young NOES: None ABSENT: Griset, Hart FILE 410.10 RECESSED TO DINNER - ROOM 831 - 5:14 P.M. RECONVENED INCOUNCIL CHAMBERS - 7:32 P.M. - All Councilmembers present except Councilmember May and Councilmember Pulido. PLEDGE OF ALLEGIANCE INVOCATION The Reverend C)ement Shoemaker St. Peter Lutheran Church 1510 N. Parton PRESENTATIONS Certificates of Recognition presented by MAYOR YOUNG to June Catalano, Executive Director of Planning and Buildi-ng Agency, and Linda Hale, Associate Planner, Planning Department, for the attainment of Honorable Mention for an outstanding Education Element in the American Planning Association competition. 7:36 P.M. - Councilmembers May and Pulido rejoined the meeting. CITY COUNCIL MINUTES 214 JULY 5, lg88 Certificates of Recognition oresented by MAYOR YOUNG to Public Works Agency's sta,ff members David Grosse, Executive Director, George Alvarez, City Traffic Engineer, Pam Lucado, Transportation Development Engineer, Joyce Amerson, Project Coordinator, Kfm Shultz, Project Coordinator, for the award winning submittal of Orange County Transpor- tation:'Meeting the Challenge Head On" to the American Planning Association. Proclamation presented by VICE MAYOR McGUIGAN to Maryela Martinez recognizing her appointment by Governor Deukmejian as State Board of Education student member for 1988-89. SPECIAL OLYMPICS - COUNCILMEMBER GRISET Jimmie Borquez Two-Time Gold Medal Winner in the 50-Meter Track Event Certificate of Recognition and City Pin Mitchell School Basketball "A" Team Members and Coach Keith Bridgeman. City Pins PUBLIC H~RXNG$ 75.A. VARIANCE NO. 88-6 Filed by Signtech for Metropolitan Theatres to allow additional wall signs for Teatro Fiesta, located in the Fiesta Marketplace at 305 E. Fourth Street in the C2 District. Staff recommendation to the Planning Commission: Denial. Approved by the Planning Commission on May 23, 1988, by the following vote: AYES: Chavez-Gomez, Uno, Miller, Sizemore NOES: Casteix, Godinez ABSENT: Spevacek Legal notice mailed June 24, 1988. The Mayor opened the public hearing regarding Variance No. 88-6 at 7:52 p.m. CITY COUNCIL MINUTES 215 JULY 6, 1988 Presentation of Staff report and staff comments by: Charles View, Assistant Planner Presentation of written communication by the Clerk of the Council: There were no speakers on the matter. The Mayor closed the public hearing at 7:57 p.m. Irv Chase, developer of the Fiesta Marketplace Project, responded to Councilmembers' questions. MOTION: Instruct the City Attorney to prepare a resolution: l) Approve Variance No. 88-6, affirming the action of the Planning Commission. MOTION: Pulido VOTE: AYES: NOES: ABSENT: None SECOND: Griset Acosta, Griset, Hart, May, McGuigan, Pulido, Young None None FILE 625.45 75.8. VARIANCE NO. 88-7 Filed by Chase Development: (1) to construct cabinet signs, (2) to allow wall or canopy signs on the second floor of the buildings, and (3) to use more than three sign colors throughout Fiesta Marketplace project located at Third Street to Fifth Street and Bush Street to French Street in the C3 District. Staff recommendation to the Planning Commission: Denial. Approved by the Planning Commission on May 23, 1~88, by the following vote: AYES: NOES: ABSENT: Casteix, Chavez-Gomez, Uno, Miller, Godinez, Sizemore None Spevacek Legal notice mailed June 24, 1988. The Mayor opened the public hearing regarding Variance No. 88-7 at 8:16 p.m. Presentation of Staff report and staff comments by: Alan Loving, Associate Planner Presentation of written communication by the Clerk of the Council: None There were no speakers on the matter. The Mayor closed the public hearing at 8:19 p.m. Irv Chase, developer of the Fiesta Marketplace Project, and Roger Kooi, Downtown Development Manager, responded to Councilmembers' questions. CITY COUNCIL MINUTES 216 JULY 5, 1988 OTIO#: Instruct the City Attorney to prepare a resolution: l) Approve Variance No. 88-7, affirming the action of the Planning Commission. MOTION: McGuigan SECOND: Hart VOTE: AYES: Acosta, Griset, Hart, May, McGuigan, Pulido, Young NDES: None ABSENT: None FILE 625.45 75.C. AMENDMENT APPLICATION NO. 1002 - PARCEL MAP NO. 88-100 - CUP NO. 88-1 Filed by Nathan Ogints, Goldye Iker and Barney Svardloff, Trustees, to rezone property located at 1251 W. 17th Street from the R2 (Limited Multiple Family Residential) District to the R2-B District to allow for the parking of vehicles but not the construction of a conmnerctal structure. Parcel Map No. 88-100 would allow the applicant to consolidate 1.28 acres into one lot to be used for a new retail and restaurant development, and CUP NO. 88-1 would allow a drive-through service window at a new fast-food restaurant. Recommended for approval by the Planning Commission on dune 13, lg88, by the following vote: AYES: NOES: ABSENT: Godinez, Casteix, Uno, Miller, Sizemore, Spevacek None Chavez-Gomez Legal Notice published in the Re~ister and mailed June 24, 1988. The Mayor opened the public hearing regarding Amendment Application No. 1002, Parcel Map No. 88-100 and CUP No. 88-1 at ~:28 p.m. Presentation of Staff report, Planning Commission recommendation and staff comments by: Charles View, Assistant Planner Presentation of written communications by the Clerk of the Council: None There were no speakers on the matter. The Mayor closed the public hearing at 8:33 p.m. AMENDMENT APPLICATION NO. 1002 MOTION: 1) Approve and file Negative Declaration and place the following ordinance on first reading and authorize publication of title: ORDINANCE NO. NS-1969 - An Ordinance of the City of Santa Ana Rezoning Certain Property Located at 1251 West 17th Street from the R2 (Two Family Residence) District to the R2-B (Two-Family Residence - B Suffix (Parking Modification)) District. (25.B.) FILE 625.05 CITY COUNCIL MINUTES 217 dULY 5, 1988 i TENTATIVE PARCEL MAP NO. 88- I~ 2) Approve and file Negative Declaration; find that the proposed subdivision and the provisions for design and improvements are consistent with the General Plan; and approve subject to conditions in Planning Director's report. PARCEL MAP NO. 88-100 - Filed by Nathan Ogints, Goldye Iker and Barney Svardloff, Trustees, to consolidate three lots comprising 1.28 acres of land into one parcel at 1251W. 17th Street to be used for a new retail and restaurant development. (9.A.) FILE 625.25 CONDITIONAL USE PERMIT NO. 88-1 3) Approve and file Negative Declaration and Findings of Fact. CUP NO. 88-1 - Filed by Nathan Ogints, Golc~ve Iker and Barney Svardloff to allow a drive-through service window at a new fast-food restaurant located at 1251W. 17th Street. Staff recommendation to the Planning Commission: Approval. Planning Commission decision: APPROVED. (8.E.) FILE 625.15 MOTION: McGuigan SECOND: Acosta VOTE: AYES: Acosta, Griset, Hart, May, McGuigan, Pulido, Young NOES: None ABSENT: None COI~ENTS 90.A. PUBLIC COMMENTS Bob Reed, Chairman of the Community Cable Citizens Board, provided an update to the Council regarding the Board's activities, and reported that the Board had received a number of complaints regarding the recent surcharge levied by Comcast Cable, but very little public support for renegotiation of the cable agreement between the City and Comcast. Coween Dickerson, 3941 S. Bristol, #BSO, urged Council to continue to require Comcast to meet its current obligations to the City, and cited. many instances in which Comcast had provided inadequate documentation to support its claims of losing money on the Santa Ana cable contract. Donna G. Cockrell, 416 S. Birch, #15, expressed concerns regarding the City's efforts to arrive at a satisfactory contract with the Santa Aha Police Benevolent Association. The Mayor indicated no contract would be possible until an agreement had been reached between the two parties, and expressed his willingness to meet with her further on the matter. CITY COUNCIL MINUTES 218 JULY 5, 1988 Betty Pfetffer, 2236 W. Second St.; Patrtcla Green, 2222 W. Second St.; and Karol W. VanZant, 2201 W, First St.; addressed Council expressing concerns regarding the lack of safety created by transients, vagrants, "Junkies," and clients of the Orange County Rescue Mission, and urged the Council to institute stronger preventive law enforcement measures to correct the situation in their area. Nell Riekse, 2681 Halladay, expressed concern regarding the lack of police protection for Santa Ana businesses. 90.C. CITY COUNCIL CO~IENTS Councilmember Pulido requested that if possible, the new sign ordinance be brought to Council for consideration within 60 days. Councilmember Hart expressed concern regarding a recent article in the Los Angeles Daily Journal in which a Councilmember was quoted as criticizing the City Attorney's competence. Hart strenuously objected to the way the criticism was rendered, and expressed his support for the City Attorney and respect for his professional aoility. Vice Mayor McGuigan noted that a number of technical amendments were required to bring Charter Sections relative to Elections into consistency, and requested staff agendize the matter for the next Council Study Session. AO~IOURNMENT - 9:50 P.M. ~<)anice c. ~uy (~// - Clerk of the Council CITY COUNCIL MINUTES 219 JULY 5, 1988