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HomeMy WebLinkAbout01-19-1988 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JANUARY 19, 1988 The meeting was called to order at 2:29 p.m. in Room 423, City Hall, 20 Civic Center Plaza, by Mayor Dan Young. Councilmembers present were John Acosta, Wilson B. Hart, 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 Daniel E. Griset and Ron May joined the meeting at 2:34 p.m. and 2:48 p.m., respectively. Councilmember Miguel A. Pulido joined the meeting during the dinner recess. COUNCIL STUDY SESSION PREGNANCY AND ALCOHOL CAUTIONARY LABELING Lori Howard, Council Services Manager, explained that at Councilmember Acosta's request, staff had arranged for a presentation on the impacts of alcohol consumption during pregnancy. She indicated staff recommended three actions with respect to increasing public awareness regarding alcohol- related birth defects; as follows: l) Direct staff to prepare a resolution of support for legislation currently under consideration at the State level in this area. 2) 3) Forward the resolution to the Governor, Health and Welfare Agency, Board of Supervisors and the Orange County League of Cities. Present a program regarding this subject at the Council's Evening Session on February l, 1988 for viewing by the Cable T.V. audience. John Stuart, a private consultant, showed a slide presentation demonstrating the affects of fetal alcohol syndrome. Jody Lennoecher, a Registered Nurse, discussed behaviors related to the syndrome, and Joyce Gregg, Mariposa Women's Center, provided the Council with sample ordinance language and an update regarding State activity on the issue. The City Attorney indicated that action may be taken on this item provided the Council made the proper findings. By the unanimous informal consent of the Council, such action was deferred to the Evening Session. (See minutes page 27. CITY COUNCIL MINUTES 14 JANUARY 19, 1988 BICEP: RISK POOLING PROPOSAL Alex Sanchez, Executive Director Human Resources Agency, reported to Council that the City was investigating the possibility of participating with 13 other large cities in a pooled excess liability insurance program, and indicated that staff reco~nded the City continue its involvement in the formation process of the Big Independent Cities Excess Pool (BIC£P) Committee) of the Independent Cities Risk Management Authority. Sanchez responded to Councilmembers specific questions regarding the proposal. CONSENT CALENDAR REVIEW Councilmembers discussed concerns with respect to Consent Calendar items. RECESSED - 3:40 P.M. RECONVENED IN COUNCIL CNAMBERS - 3:52 P.M. - All Councilmembers present except Counci)member Pulido. CONSENT CALENDAR MOTION: Approve staff recommendations on the following Consent Calendar items: MOTION: Acosta VOTE: AYES: NOES: ABSENT: SECOND: McGuigan Acosta, Griset, Hart, May, McGuigan, Young None Pulido MI NUTES MOTION: 1.A. Approve Minutes. Regular Meeting of January 4, 1988 CITY COUNCIL MINUTES 15 JANUARY 19, 1988 BID CALLS/REQUESTS FOR PROPOSALS MOTION: Approve plans and specifications and authorize advertisement for bids. 2.A. CONSTRUCTION OF 1989 SANTA ANA ROSE PARADE FLOAT ENTRY - Community Events Center. ~.FtLE glO 2.B. TOOLS AND EQUIPMENT FOR FIRE APPARATUS - Fire Department. SPEC 87-053 2.C. STREET IMPROVEMENTS ON HAZARD AVENUE FROM HARBOR BOULEVARD TO WEST CITY LIMITS - Public Works Agency. PROJ 2134B 2.D. SANITARY SEWER REPLACEMENT (PHASE II) - HARBOR BOULEVARD, WARNER AVENUE AND SUSAN STREET - Public Works Agency. PROJ 3056 MOTION: 2.E. Reject all bids and authorize readvertisement for bids. DESIGN AND PRODUCTION OF THE CITY'S QUARTERLY RECREATION BROCHURE - Recreation and Community Services. SPEC 87-015 MOTION: 2.F. Reject all bids, instruct staff to prepare new specifications, and authorize readvertisement for bids. PARAMEDIC AMBULANCES - Fi re Department. SPEC 87- 024 BID AWARDS MOTION: Award in accordance with bid summary reports. ELECTRONIC HAND-HELD METER READING RECORDING SYSTEM AND FIVE HAND-HELD UNITS - To Datamatic, Inc., in the total amount of $28,870.00 which includes a one-year maintenance agreement - Finance and Management Services Agency. SPEC 87-036 ONE REPLACEMENT 12-PASSENGER VAN - To Guaranty Chevrolet Motors in the amount of $15,116.35 - Recreation and Community Services Agency. SPEC 87-043 CONTRACTUAL PARKWAY TREE PLANTING VARIOUS STREETS (PHASE I) - To Landscape Constructors in the amount of $59,785.00 - Public Works Agency. PROJ 2146 CONTRACTUAL PARKWAY TREE REMOVAL (PHASE I) - EASTSIDE NEIGHBORHOOD - To Golden West Landscape, Inc., in the amount of $43,080.00 - Public Works Agency. PROJ 7854 CITY COUNCIL MINUTES 16 JANUARY 19, 1988 ALCOHOLIC BEVERAGE CONTROL APPLICATIONS MOTION: Receive and file. EL METATE, INC. - "El Metate" - 838 E. 1st Street, Original, type 41 On-sale beer and wine, public eating place. Police: Yes, above average crime rate. Planning: Land Use Certificate required. THE BOYS MARKET, INC. - "Boys Market" - 2015 W. 1st Street, Original, type 21 Off-sale general. Police: Yes, above average crime rate. Planning: Land Use Certificate and/or Conditional Use Permit required. CHAKRABARTI, Kajal and Shyamal and KAKKAR, Kris - "Straw Hat Pizza" - 515 S. Main, Original, type 41 On-sale beer and wine, public eating place. Police: Yes, above average crime rate. Planning: Land Use Certificate required. 5oD. CHUNG, Sinh V. - "Quang Dong Restaurant" - 2610 W. Edinger, #A, Original, type 41 On-sale beer and wine, public eating place. Police: Yes, above average crime rate. Planning: No action required. THE H. BROTHERS, INC. - "Caroll's" - 702 W. 17th, Original, type 41 On-sale beer and wine, public eating place. Police: Yes, above average crime rate. Planning: Land Use Certificate required. 5oFo MEIKA LOS ANGELES, INC. - "Cafe Kato" - 1714 E. McFadden, #'s F&G, Original, type 41 On-sale beer and wine, public eating place. Police: No protest. Planning: Land Use Certificate required. 5oG, PARADISE BAKERY, INC.- "Paradise Bakery" - 2800 N. Main, #192, Original, type 41 On-sale beer and wine, public eating place. Police: No protest. Planning: Land Use Certificate required. 5,Ho THE COAST RESTAURANT DEVELOPMENT CORP. - "C.A. Chickens" - 901 W. Civic Center Drive, Original, type 47 On-sale general, public eating place. Police: No protest. Planning: No action required. CITY COUNCIL MINUTES 17 JANUARY 19, 1988 5,Mo 5o0o THE VONS COMPANIES, INC. - "Vons" - 2725 N. Bristol, Stock Transfer, type 2l Off-sale general. Police: No protest. Planning: Conditional Use Permit required. PARK, Yong and Myung - "J & N Market" - 731 S. Flower, Person-to-person transfer, type 20 Off-sale beer and wine. Police: No protest. Planning: No action required. KHATIB, Mohamed F. - "Circle T Market" - 1002 E. 17th Street, #E, Person-to-person transfer, type 20 Off-sale beer and wine. Police: No protest. Planning: No action required. 616 CLUB, INC. - "616 Club" - 616 E. 4th, Stock transfer, On-sale general, public premises. Police: No protest. Planning: No action required. type 48 MILLER, Myron - "Miller's Tavern" - 5127 W. Edinger, Premises-to-premises transfer, type 41 On-sale beer and wine, public eating place. Police: No protest. Planning: No action required. CHIU, Bik Wan - "Chang Sbu Restaurant" - 2302 S. Broadway, Person-to-person transfer, type 41 On-sale beer and wine, public eating place. Police: No protest. Planning: No action required. THE SOUTHLAND CORP. and GREWAL, Pavinder - "7-Eleven" - 818 W. 17th, Person-to-person transfer, type 20 Off-sale beer and wine. Police: No protest. Planning: No action required. FILE 405 DEEDS - NO CASH - GRANTOR CITY MOTION: Authorize execution of deeds by Mayor and Clerk. 6.A. SOUTHERN CALIFORNIA EDISON COMPANY - W/Santa Aha River, S/Fifth Street; electrical power. DEED 7424 6.B. SANTA ANA VENTURE - W/Main Street, N/Owens Drive; various abandoned sewer and water lines. DEED 7427 CITY COUNCIL MINUTES 18 JANUARY 19, 1988 TENTATIVE PARCEL MAP MOTION: Approve and file Notice of Exemption; find that the proposed subdivisions and the provisions for design and improvements are consistent with the General Plan; and approve subject to conditions in Planning Director's report. 9.Ao NOTICE OF EXEMPTION AND PARCEL MAP 87-277 - Filed by Rudy Valdivia to permit the subdivision of a .628 acre lot into four (4) single-family lots at 701 S. Halladay. FILE 625.25 FINAL PARCEL AND TRACT MAPS MOTION: Approve final maps; accept the dedications thereon, as appropriate. lO.A. PARCEL MAP NO. 87-104 - 2115 N. Broadway - To consolidate ten existing parcels and a portion of an eleventh into one parcel for the purpose of developing administrative offices and parking. FILE 625.25 IO.B. PARCEL MAP NO. 87-368 - 3401 Greenville Street - To consolidate five acres of land into one parcel for the future development of a church. FILE 625.25 lO.C. TRACT MAP NO. 12416 - Block bounded by Santa Ana Boulevard, 5th Street, Spurgeon Street and French Street - To create a one-lot subdivision to be used for the development of an 84-unit residential condominium project. FILE 625.30 AGREEMENTS MOTION: Authorize the City Attorney to prepare and the Mayor and Clerk to execute agreements. 12.A. AGREEMENT NO. A-88-003 - BETWEEN THE CITY OF SANTA ANA AND NEC OF AMERICA - For the purchase and installation of telephone equipment at 500 West Santa Aha Boulevard in an amount not to exceed $40,000.00 - Community Development Agency. FILE 610 310 12.B. AGREEMENT NO. A-88-004 - BETWEEN THE CITY OF SANTA ANA AND KINKLE, RODIGER AND SPRIGGS - Amendment to increase the hourly rate for legal services to $80.00 - City Attorney's Office. FILE 410 12.C. AGREEMENT NO. A-88-005 - BETWEEN THE CITY OF SANTA ANA AND SILVAS AND EATON - Amendment to increase the hourly rate for legal services to $80.00 - City Attorney's Office. FILE 410 CITY COUNCIL MINUTES 19 JANUARY 19, 1988 BOARDS/COMMISSIONS COMMITTEES 13.A. APPOINTMENT MOTION: Appoint. 13.A.1. Dr. George Osborne, Dean of Occupational Education, Rancho Santiago Community College, as the District representative to the Private Industry Council for a four-year term expiring January 31, 1992. {Replacing Dr. Robert Jensen) FILE llO.15 510.05 13.B. REAPPOINTMENTS MOTION: Reappoint. 13.B.1. Don Crevier, Owner, Crevier BMW, to the Private Industry Council for a four-year term expiring January 31, 1992. 13.B.2. Nancy Kulzer, Personnel Director, First Data Resource, to the Private Industry Council for a four-year term expiring January 31, 1992. 13.B.3. Larry Leaman, Director, Orange County Social Services Agency, to the Private Industry Council for a four-year term expiring January 31, 1992. 13.B.4. Mary Yunt, Executive Secretary/Treasurer, Orange County Labor Council, to the Private Industry Council for a four-year term expiring January 31, 1992. FILE llO.15 510.05 UNINVESTIGATED LIABILITY CLAIMS MOTION: Refer to administration. 14.A. Claims received from December 28, 1987 to January 8, 1988. 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 January 4, 1988, City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 2:30 p.m. on December 30, 1987. CITY COUNCIL MINUTES 20 JANUARY 19, 1988 ORDINANCES SECOND READING VOTES IN THIS CATEGORY WILL SHOW AS RECORDED AT FIRST READING. ABSENCES AT FIRST READING WILL BECOME AFFIRMATIVE VOTES UNLESS OTHERWISE INDICATED. ABSENCE AT SECOND READING WILL BE RECORDED AS SUCH. ITEMS WITH INSUFFICIENT "AYE" VOTES FOR APPROVAL WILL BE AUTOMATICALLY CARRIED FORWARD TO THE NEXT REGULAR COUNCIL AGENDA. 21 .A. MOTION: 21 .B. MOTION: ZONING ORDINANCE AMENDMENT 87-2 - PROCESS AND DEVELOPMENT STANDARDS FOR RECYCLING CENTERS, COLLECTION UNITS, PROCESSORS, REVERSE VENDING MACHINES AND MOBILE RECYCLING UNITS. (Placed on first reading on January 4, 1988, by unanimous vote with Pulido absent.) Place ordinance on second reading and adopt. ORDINANCE NO. NS-lg46 - An Ordinance of the City of Santa Ana Adding Article XIV to Chapter 41 of the Santa Ana Municipal Code to Regulate Recycling Facilities. FILE 625.55 HAZARDOUS SUBSTANCE COST RECOVERY (Placed on first reading on January 4, 1988, by unanimous vote with Pulido absent.) Place ordinance on second reading and adopt. ORDINANCE NO. NS-1947 - An Ordinance of the City of Santa Aha Adding Section 18-3 to the Santa Aha Municipal Code, Pertaining to the Recovery of Costs Incurred by the City in the Prevention, Abatement, Mitigation or Confinement of Spills or Releases of Hazardous Substances. FILE 710 *****END OF CONSENT CALENDAR***** CITY COUNCIL MINUTES 21 JANUARY 19, 1988 BUSINESS SESSION RESOLUTIONS 35.A. MOTION: ANNUAL ARTERIAL HIGHWAY FINANCING PROGRAM, FISCAL YEAR 1988-89 Adopt resolution. RESOLUTION NO. 88-2 - A Resolution of the City Council of the City of Santa Aha Requesting the County of Orange to Include within the Arterial Highway Financing Program the Repair and Resurfacing of Certain Streets within the City of Santa Aha. MOTION: Acosta SECOND: Hart VOTE: AYES: NOES: ABSENT: Acosta, Griset, Hart, May, McGuigan, Young None Pulido FILE 1025 35.B. MOTION: BICEP - POOLED EXCESS LIABILITY INSURANCE PROGRAM Adopt resolution. RESOLUTION NO. 88-3 - A Resolution of the City Council of the City of Santa Ana Authorizing the Development of a Pooled Excess Liability Insurance Program. MOTION: McGuigan SECOND: Acosta VOTE: AYES: Acosta, Griset, Hart, May, McGuigan, Young NOES: None ABSENT: Pulido FILE 435.20 MISCELLANEOUS 60.A. DONATION FOR THE SANTA ANA ZOO AND SENIOR CITIZENS CENTER - APPROPRIATION ADJUSTMENT NO. 076 MOTION: l) Accept. Donation in the amount of ~lO0,O00.O0 from Mr. and Mrs. Peter Muth to be used for capital improvements to the Santa Aha Zoo and the Senior Citizens Center. CITY COUNCIL MINUTES 22 JANUARY 19, 1988 21 Approve. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. 076 - Transferring $100,000.00 from account 301-898-A & D Gifts & Donations to 301-232-631A & D Improve~nts Other Than Buildings. 3) Instruct staff to send a resolution and letter of appreciation to the Muths'. MOTION: McGuigan SECOND: Acosta VOTE: AYES: NOES: ABSENT: Acosta, Griset, Hart, May, McGuigan, Young None Pulido FILE 310.05 917 925 RECESSED TO HOUSING AUTHORITY - 3:56 P.M, RECONVENED - 3:58 P.M. - All Councilmembers present except Councilmember Pulido. RECESSED TO CLOSED SESSION - 3:58 P.M. - ROOM 147 CLOSED SESSION - ROOM 147 The Clerk of the Council announced the Council was recessing to Closed Session pursuant to Government Code Section 54956.g(b)(1) to confer with the City Attorney relative to pending litigation with significant exposure, and pursuant to Government Code Section 54956.g(c) regarding a decision to initiate litigation. RECONVENED IN COUNCIL CHAMBERS - 4:40 P.M. - All Councilmembers present except Councilmembers Hart and Pulido. CITY COUNCIL MINUTES 23 JANUARY 19, 1988 CLOSED SESSION REPORT - COUNCIL CHAMBERS MOTION: 1. Authorize the settlement of Claim No. 87-81 in the amount of $15,000.00. 2. Authorize the settlement of Claim Nos. 87-49, 50 and 51 in the amount of $16,150.00. MOTION: May VOTE: AYES: NOES: ABSENT: SECOND: McGuigan Acosta, Griset, May, McGuigan, Pulido None Hart, Pulido FILE 410.10 RECESSED - 4:42 P.M. DINNER RECESS - ROOM 831 RECONVENED IN COUNCIL CHAMBERS - 7:30 P.M. - All Councilmembers present. PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS "I Have a Dream" by Dr. Martin Luther King, Jr. - The Reverend John McReynolds Certificate of Recognition presented by VICE MAYOR MCGUIGAN to Ms. Helen Shipp, the Rev. Thomas Shipp, Carolyn Jimerson, and the Rev. Samuel Barnes for the Orange County Black Historical Commission's commitment to the Black community. Certificate of Recognition presented by COUNCILMEMBER GRISET to Ms. Roselie Vasquez for her participation in the 1987 U.S. - Soviet Summit. Proclamation declaring January 18-24, 1988 as "Soccer Week," presented by COUNCILMEMBER PULIDO to Bob Elvis of the International College Soccer Association, and recognition of International College Soccer Association team members. Service Pin presented by COUNCILMEMBER ACOSTA to Captain Bob Stebbins of the Santa Ana Police Department for 30 years service to the City. FILE 120.35 CITY COUNCIL MINUTES 24 JANUARY 19, 1988 PUBLIC HEARINGS 75.A. GENERAL PLAN AMENDMENT 86-9 - EDUCATION ELEMENT Proposal to add an Education Element to the General Plan in order to address issues relating to long-term planning for school facilities in the context of the growing urban environment of Santa Ana, i.e., population growth, housing, and development trends. Recommended for approval by the Planning Commission on June 8, 1987, by the following vote: AYES: Godinez, Casteix, Sizemore, Miller NOES: None ABSENT: Spevacek, Uno, Chavez-Gomez Legal Notice published in the Register on January 8, 1988. Mayor Young opened the public hearing on General Plan Amendment 86-9 at 8:00 p.m. Presentation of Staff report, Planning Commission recommendation and staff comments by: Linda Hale, Senior Planner Presentation of written communications by the Clerk of the Council: None The following persons spoke in favor of General Plan Amendment 86-9: Rob Richardson, President, Santa Aha Unified School District Board Dr. Tony Dalessi, Santa Ana Unified School District John Raya, 4618 W. Hollyline There were no other speakers on the matter. The Mayor closed the public hearing at 8:10 p.m. MOTION: Adopt resolution. RESOLUTION NO. 88-4 - A Resolution of the City Council of the City of Santa Aha Adding an Education Element to the General Plan of the City of Santa Aha. MOTION: McGuigan SECOND: Griset VOTE: AYES: Acosta, Griset, Hart, May, McGuigan, Pulido, Young NOES: None ABSENT: None FILE 625.20 CITY COUNCIL MINUTES 25 JANUARY 19, 1988 75.8. APPEAL APPLICATION NO. 550 - VA 87-13 Filed by Kwang Y. Cho for relief from Section 41-428 of the Santa Ana Municipal Code to allow a driveway within 150 feet of the intersection corner radius at First Street and Newhope Avenue. Recommended for approval on one driveway on Newhope Avenue and denial of one driveway on First Street by the Planning Commission on December 14, 1987, by the following vote: AYES: Godinez, Casteix, Uno, Spevacek, Sizemore, Miller NOES: None ABSENT: Chavez-Gomez Legal Notice mailed January 8, 1988. Mayor Young opened the public hearing on Appeal Application 550 - VA 87-13 at 8:15 p.m. Presentation of Staff report, Planning Commission recommendation and staff comments by: Jeff Rice, Associate Planner Presentation of written communications by the Clerk of the Council: None The following persons spoke in favor of Appeal Application No. 550: Raymond C~oy, 451 S. Mountain Glen, Anaheim Jason Lee, Project Designer Patricia Mill, 617 S. Starboard, expressed concern regarding traffic impacts of the project proposed under the Variance. The Mayor closed the public hearing at 8:32 p.m. MOTION: Continue Appeal Application No. 550 to February 16, 1988. MOTION: Pulido VOTE: AYES: NOES: ABSENT: SECOND: McGuigan Acosta, Griset, Hart, May, McGuigan, Pulido, Young None None FILE 625.45. CITY COUNCIL MINUTES 26 JANUARY 19, 1988 COD~MENTS 90.A. PUBLIC COMMENTS Patrtcia Mill, 617 S. Starboard, spoke in favor of the City's position with regard to enforcement of the conditions of the Comcast Cable contract. John Raya, 4618 W. Hollyline, expressed concern that the Council had not been sufficiently aggressive concerning the initiative petition to locate all future jail facilities in Santa Ana. James McGuigan, 5642 Keelson, spoke in favor of Santa Ana's action with regard to the jail initiative, and provided historical background infomation concerning the City's cable franchise. 90.C. CITY COUNCIL COMMENTS Councilmember Griset expressed his appreciation to Mr. McGuigan for his clarifying comments with respect to the cable franchise. RESOLUTION 99.A. PREGNANCY AND ALCOHOL CAUTIONARY LABELING MOTION: l) Find the need to take action with respect to Resolution 88-5 arose subsequent to the preparation of the January 19, 1988 agenda. MOTION: Acosta VOTE: AYES: NOES: ABSENT: SECOND: McGuigan Acosta, Griset, Hart, May, McGuigan, Pulido, Young None None 2) Adopt resolution. RESOLUTION NO. 88-5 - A Resolution of the City Council of the City of Santa Aha to Encourage Container Labeling of Alcoholic Beverages and Point-of-Purchase Warning Signs. MOTION: Acosta VOTE: AYES: NOES: ABSENT: SECOND: McGuigan Acosta, Griset, Hart, May, McGuigan, Pulido, Young None None FILE q40 CITY COUNCIL MINUTES 27 JANUARY 19, 1988 gO.C. CITY COUNCIL COMMENTS Councilmember Acosta requested that staff schedule a presentation regarding the impacts of alcohol consumption during pregnancy for the February 1, 1988 Council meeting. He inquired as to whether staff had completed its investigation with respect to Anaheim's Contract Traffic Enforcement Program. The City Manager indicated the information would be provided to the Council in the next few days. Councilmember Acosta suggested that the City Attorney to be instructed to draft language for possible placement on the June ballot of a ballot measure prohibiting the placement of additional jails in Santa Ana. Councilmember Acosta inquired as to why only two Councilmembers had been named in the letter to the Santa Aha Unified School District concerning the name of John Garthe as a possible name for a new elementary school. Councilmember May indicated that the Santa Ana City Council was aware of the initiative proposing to locate all future jail facilities in Santa Aha, and ready to take appropriate action. Mayor Young directed staff to work with Councilmember Acosta in sending the appropriate letter to the Santa Aha Unified School District regarding the name of John Garthe as a possible name for a new elementary school. He also indicated that the jail initiative was being closely monitored by the Santa Ana City Council. ADJOURNMENT - IN HONOR OF DR. MARTIN LUTHER KING, JR. - 9:22 P.M. Janice C. Guy Clerk of the Council CITY COUNCIL MINUTES 28 JANUARY 19, 1988