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HomeMy WebLinkAbout05-16-1994MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA MAY 16, 1994 CALLED TO ORDER CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA 6:10 P.M. ATTENDANCE COUNCILMEMBERS Present: DAN YOUNG, Mayor MIGUEL A. PULIDO, Mayor Pro Tern TOM LUTZ PATRICIA A. McGUIGAN LISA MILLS TED R MORENO ROBERT L. RICHARDSON Absent: NONE STAFF Present: DAVID N. REAM, City Manager EDWARD J. COOPER, City Attorney WILLIAM Z. NAVAJA, Asst. Clerk of the Council Absent: NONE PLEDGE OF ALLEGIANCE BOY SCOUT TROOP 22 Troop Leader Bill Suman PRESENTATIONS Proclamation commemorating the 50th Anniversary of "D-Day," the Allied landings in France on June 6, 1944, presented by MAYOR YOUNG to American Legion Post 131 Commander Howard Darter and James Loughran CITY COUNCIL MINUTES 111 MAY 16, 1994 Proclamation declaring May 15-21, 1994 as "National Public Works Week" presented by MAYOR YOUNG to Public Works Agency Executive Director James Ross Certificate of Recognition for receipt of Auto Theft Advisory Committee Officer of the Year Award presented by COUNCILMEMBER RICHARDSON to Police Officer Kevin De Deaux Proclamation declaring May 18, 1994 as "Peace Officers' Memorial Day" presented by COUNCILMEMBER RICHARDSON to Police Chief Paul Walters RECESSED TO COMMUNITY REDEVELOPMENT AGENCY - 6:21 P.M. PRESENTATIONS Exceptional Citizen Award presented by MAYOR YOUNG to Walkie Ray for outstanding community service on the Discovery Museum of Orange County and the Discovery Science Center RECONVENED - COUNCIL CHAMBERS - 6:30 P.M. - All Councilmembers present CONSENT CALENDAR The Mayor announced the removal of Item ll.B. for separate action and an abstention on Item 23.A. by Councilmember Moreno. Motion: Approve staff recommendations on the following Consent Calendar Items. MOTION: Pulido VOTE: AYES: NOES: ABSENT: None SECOND: McGuigan Lutz, Mills, McGuigan, Moreno, Pulido, Richardson, Young None CITY COUNCIL MINUTES 112 MAY 16, 1994 CONSENT CALENDAR MINUTES Motion: 10.A. 10.B. ADMINISTRATIVE MATTERS Approve Minutes. REGULAR MEETING OF APRIL 18, 1994 REGULAR MEETING OF MAY 2, 1994 ORDINANCES SECOND READING/IMPLEMENTATION RESOLUTIONS Votes in this category may differ from the vote on the Consent Calendar. The decision on these items was made at a previous Council meeting and the vote carried forward. However, if a Councilmember was absent from the previous meeting, but is present for this meeting and does not declare otherwise, his/her vote is recorded as affirmative. Absences from the current meeting are recorded as such. (Placed on first reading on April 18, 1994 by unanimous vote.) Legal notice published in O.C. Reporter on April 22, 1994 Motion: Place ordinances on second reading and adopt. ll.A. PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS) - PROVISION OF THIRD LEVEL SURVIVOR BENEFITS ORDINANCE NS-2220 - An ordinance of the City of Santa Ana authorizing an amendment to the contract between the City Council of the City of Santa Ana and the Board of Administration of the California Public Employees' Retirement System - Personnel Services FILE BK I1.B. AMENDMENT TO THE NO SMOKING ORDINANCE (MILLS) - Removed for separate action. (See Minutes page 123.) NOTICES OF PUBLIC HEARING 12.A. ABANDONMENT 89-A6 - CUBBON AND HESPERIAN Motion: 1. Adopt resolution setting Abandonment 89-A6 for public hearing on June 20, 1994. CITY COUNCIL MINUTES 113 MAY 16, 1994 CONSENT CALENDAR RESOLUTION 94-018 - A resolution of the City Council of the City of Santa Ana declaring its intention to vacate Cubbon Street between Graham Lane and Hesperian Street, Hesperian Street between Cubbon Street and a line 270 feet to the north thereof, and 450 feet of an alley parallel to and east of Hesperian Street, setting a public hearing thereon, and directing notice thereof to be posted and published - Public Works Agency FILE ABAN Authorize the City Attorney to prepare and Mayor and Clerk of the Council to execute agreement. LICENSE AGREEMENT TO ALLOW USE OF LAND FOR SCHOOL PURPOSES - With the Santa Ana Unified School District - Planning and Building Agency AGMT 94-043 BOARDS/COMMISSIONS/COMMITTEES 13.A. NOMINATIONS Motion: Set for consideration at next regular meeting. Cynthia A. Contreras, 1101 W. MacArthur Boulevard, //150, recommended by COUNCILMEMBER MORENO as the Ward 1 representative to the Cable Television Advisory Board for a partial term expiring November 30, 1996. (Replacing Harvey) FILE BC 13.B. Motion: APPOINTMENTS Appoint. COUNCILMEMBER MCGUIGAN as representative and COUNCILMEMBER LUTZ as alternate to the E1 Toro Reuse Planning Authority Executive Council - Council Services FILE BC CLERK OF Motion: 15.A. 15.B. THE COUNCIL POSTING REPORT Instruct Clerk to enter notice of posting into the Minutes. The April 18, 1994 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 4:15 p.m. on April 13, 1994. The May 2, 1994 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza at 4:00 p.m. on April 27, 1994. CITY COUNCIL MINUTES 114 MAY 16, 1994 CONSENT CALENDAR CHAPTER 3 APPEALS 18.A. HEARING OFFICER'S REPORT - DANCE PERMIT - RANCHO DE MENDOZA RESTAURANT Motion: Adopt. Hearing Officer's report in its entirety which recommends that the application for a dance permit at 104 E. Fourth Street be denied FILE APSAM MISCELLANEOUS - ADMINISTRATION 19.A. PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) - TWO-YEAR SERVICE CREDIT Motion: Authorize the Clerk of the Council to enter the following into the public record. As provided under Section 7507 of the California Government Code, two-week notice is hereby given that the City of Santa Ana may offer approximately 3 employees a two-year retirement credit as part of the budget reduction process for FY 1994-95. The amount determined by the System Actuary is approximately $22,950.00 per applicant. 19.B. Motion: HOUSING REHABILITATION AND NEW CONSTRUCTION PROGRAM Authorize. Proposed modifications to the Substantial Rehabilitation and New Construction Program Executive Director of the Community Redevelopment Agency to implement the program and execute all required documents consistent with the approved program standards - Community Development Agency FILE BK 19.C. Motion: CABLE TELEVISION SUBSCRIBER PROTECTION Continue ordinance to June 20, 1994. CITY COUNCIL MINUTES 115 MAY 16, 1994 CONSENT CALENDAR BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20.A. APPROPRIATION ADJUSTMENT 94-199 - STREET LIGHT LOAN REFINANCING Motion: 1. Award. Four-year street light refinancing contract to Security Capital Corporation in the annual amount of $28,583.70 - Finance and Management Services AGMT 94-044 2. Approve. (Requires five affirmative votes) Receipt of lease obligation proceeds revenue in Fund 11 recognizing $99,305.00 and appropriating same for principal payments to defease old street light loan which has a 9.5% interest rate for a new lease obligation with a 6.49% obligation - Finance and Management Services FILE APAD 20.B. Motion: APPROPRIATION ADJUSTMENT 94-214 - HOUSING AUTHORITY STAFF TRAINING ON SECTION 8 PROGRAM Approve. (Requires five affim~ative votes) Receipt of unanticipated Housing Authority operating reserve revenue in Fund 136 recognizing $7,500.00 and appropriating same to provide training and certification for all Housing Authority staff - Finance and Management Services FILE APAD 20.C. Motion: APPROPRIATION ADJUSTMENT 94-210 - RAILROAD CROSSING CONSTRUCTION Authorize the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreement. CONSTRUCTION OF CONCRETE RAILROAD CROSSINGS AT VARIOUS LOCATIONS CITYWIDE - With Southern Pacific Lines for the City's estimated share for Phases I and II of $81,650.00 - Public Works Agency AGMT 94-057 CITY COUNCIL MINUTES 116 MAY 16, 1994 CONSENT CALENDAR 2. Approve. (Requires five affirmative votes9 Receipt of Gas Tax revenue in Fund 59 recognizing $150,000.00 and appropriating same to reimburse Southern Pacific Lines for materials to construct concrete railroad crossings at various intersections - Finance and Management Services FILE APAD GRANTS/APPLICATIONS 21.A. URBAN PARK AND RECREATION RECOVERY GRANT FOR PROJECT P.R.I.D.E. TEEN GANG PREVENTION PROGRAM Motion: Adopt resolution. RESOLUTION 94-019 - A resolution of the City Council of the City of Santa Ana authorizing filing of grant application under the Urban Park and Recreation Recovery Action of 1978 - Recreation and Community Services FILE BK SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Request ~br Council Action. 22.A. LOCAL AREA NETWORKS FOR RECREATION AND COMMUNITY SERVICES AND COMMUNITY DEVELOPMENT AGENCY - To Jaguar/Microage Computer Systems, Inc. in the amount of $88,670.12 - Finance and Management Services SPEC 94-009 22.B. POLICE AMMUNITION - For a one-year period with provision for two one-year extensions - Finance and Management Services SPEC 94-011 To Dooley Enterprises, Inc. in the estimated amount of $57,405.80 To Bumble Bee Wholesale, Inc. in the estimated amount of $14,777.48 To Adamson Industries in the estimated amount of $158.93 22.C. BREATHING APPARATUS BOTTLES - FIRE DEPARTMENT - To Safety Supply America in the amount of $36,505.70 - Finance and Management Services SPEC 94-014 CITY COUNCIL MINUTES 117 MAY 16, 1994 CONSENT CALENDAR 22.D. COMPUTER SUPPLIES, PRINTER AND TYPEWRITER RIBBONS - For a one-year period with provision for two one-year extensions - Finance and Management Services SPEC 94-015 To W.C. Cooper Corporation DBA Laser Image in the estimated amount of $30,333.00 To Eastman, Inc. in the estimated amount of $2,609.00 22.E. PANEL SYSTEM - PUBLIC WORKS AGENCY - To Haworth, Inc. c/o Kitsune Contract Office Furnishings in the amount of $9,998.66 - Finance and Management Services SPEC 94-113457 22.F. POWDER BLASTER FOR GRAFFITI REMOVAL - PUBLIC WORKS AGENCY - To Smith Industrial Supply Company in the amount of $5,926.24 - Finance and Management Services SPEC 94-113661 Motion: 22.G. Terminate contracts. LANDSCAPE MAINTENANCE OF CENTENNIAL PARK - With Artistic Maintenance - Recreation and Community Services SPEC 93-077 LANDSCAPE MAINTENANCE OF BIRCH PARK AND SEGERSTROM TRIANGLE - With Midori Gardens - Recreation and Community Services SPEC 93-025 PROJECTS - MAINTENANCE, REHABILITATION, IMPROVEMENT, CONSTRUCTION, OR CHANGE ORDERS FOR PUBLIC FACILITIES Motion: Award in accordance with Request for Council Action. 23.A. LOUISE STREET TRAFFIC BARRIER, MCFADDEN STREET IMPROVEMENTS AND VARIOUS SIDEWALK, CURB AND GUTTER REPAIRS - To Nobest, Inc. in the estimated amount of $620,195.15 with a total estimated construction cost of $757,000.00 - Public Works Agency (Councilmember Moreno abstained.) PROJ 1527A/7881 23.B. TREE TRIMMING - PARKWAYS ON VARIOUS STREETS - To West Coast Arborists, Inc. in the amount of $39,620.70 - Public Works Agency PROJ 2176-8 CITY COUNCIL MINUTES 118 MAY 16, 1994 CONSENT CALENDAR 23.C. 23.D. 23.E. 23.F. 23.G. TREE TRIMMING - VARIOUS STREETS - To Petersons Tree Works in the amount of $27,599.30 - Public Works Agency PROJ 2176-9 STREET LINE PAINTING THROUGHOUT THE CITY - To Paving Contractors, Inc. in an amount not to exceed $39,781.50 - Public Works Agency PROJ 2180 TREE REMOVAL - NORTHWEST NEIGHBORHOOD - To Petersons Tree Works in the amount of $13,160.00 - Public Works Agency PROJ 7077-3 TREE REMOVAL - FAIRVIEW, 17TH AND NEWHOPE STREETS - To V&E Tree Service in the amount of $18,805.50 - Public Works Agency PROJ 7083-5 TREE PLANTING - PARKWAYS ON 18TH, 21ST AND FLOWER STREETS - To Delta Landscape, Inc. in the amount of $26,418.56 - Public Works Agency PROJ 7322-2 AGREEMENTS Motion: Authorize the City Attorney to prepare and the Mayor and Cl~rk of the Council to execute agreements. 25.A. COMPREHENSIVE FINANCIAL AUDIT SERVICES - With KPMG Peat Marwick in an amount not to exceed $248,000.00 over five years - Finance and Management Services AGMT 94-045 25.B. APPRAISAL SERVICES FOR INTERSECTION OF FIRST AND BRISTOL - With Harry B. Holzhauer and Associates for 18 parcels in the amount of $26,715 - Community Development Agency AGMT 94-046 25.C. LEASE AMENDMENT - REGIONAL TRANSPORTATION CENTER - With Pacifica Work Evaluation Center to decrease the amount of office space leased by 570 square feet, decreasing the monthly rental amount by $655.50 - Community Development Agency AGMT 94-047 25.D. PROJECT STUDY FOR WIDENING MEMORY LANE OVER THE SANTA ANA RIVER - With Moffatt and Nichol Engineers in the maximum amount of $95,202.00 - Public Works Agency AGMT 94-048 25.E. SPECIFICATIONS FOR A MOTORIST INFORMATION SYSTEM ON ROAD CONDITIONS (INTEGRATED TRAVELER INFORMATION SHARING PROJECT - PROJ 1575) - With Rockwell International in the maximum amount of $75,930.00 - Public Works Agency AGMT 94-049 CITY COUNCiL MINUTES 119 MAY 16, 1994 CONSENT CALENDAR 25.F. SPECIFICATIONS FOR HARBOR BOULEVARD/FIRST STREET/FIFTH STREET TRAFFIC MANAGEMENT PROJECT (PROJ 2577) - With National Engineering Technology Corporation in an amount not to exceed $108,907.00 - Public Works Agency AGMT 94-050 25.G. AMENDMENT FOR DOMESTIC WATER QUALITY TESTING - With Truesdail Laboratories, Inc. increasing the fixed amount fee from $39,278.93 to $44,331.22 for additional testing to comply with new State requirements - Public Works Agency AGMT 94-051 25.H. PROJECT REPORT FOR THE ALTON OVERCROSSING AT STATE ROUTE 55 (PROJ 1706) - With Parsons, Brinckerhoff, Quade & Douglas, Inc. in the amount of $298,322.00 - Public Works Agency AGMT 94-052 25.I. RELOCATION SERVICES - With Del Richardson & Associates at the prevailing rate (currently $55 per hour) when services are rendered - Community Development Agency AGMT 94-053 25.J. SECOND IMPLEMENTATION AGREEMENT FOR HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) - With County of Orange in the amount of $250,000.00 - Community Development Agency AGMT 94-054 25.K. ASBESTOS REMOVAL AND DEMOLITION OF STRUCTURES ON BRISTOL, FIRST AND WESTMINSTER - With Environmental Control Systems, Inc. in the amount of $23,210.00 - Community Development Agency AGMT 94-058 Motion: 25.L. Direct the City Attorney to prepare and the City Manager and Clerk of the Council to execute agreement and other necessary documents. LOCAL GOVERNMENT RESPONSIBILITIES AGREEMENT - ENTERPRISE COMMUNITY (EC) PROGRAM - With the State of California to allow the City to meet program requirements - Community Development Agency AGMT 94-055 CITY COUNCIL MINUTES 120 MAY 16, 1994 CONSENT CALENDAR MISCELLANEOUS - BUDGET 29.A. BIG INDEPENDENT CITIES EXCESS POOL RENEWALS Motion: 1. Approve. City's continued membership in the Big Independent Cities Pool Joint Powers Authority for an additional three years beginning on July 1, 1994 at a cost not to exceed $1,020,675.00 for the first year - Personnel Services 2. Autho~ze. Risk Manager, with review and approval by the City Manager, to renew the insurance coverage and provide a report back to the City Council - Personnel Services 29.B. Motion: HOME TENANT-BASED RENTAL ASSISTANCE PROGRAM 1. Au~orize. Implementation of a tenant-based rental assistance program utilizing federal HOME funds Authorize the City Atwrney to prepare and the City Manager and Clerk of the Council to executive the agreement. RENTAL ASSISTANCE FUNDS FOR YOUTH EDUCATION AND SERVICES (YES) - Memorandum of Understanding with Santa Ana Housing Authority to provide approximately 12 families rental assistance for no more than 24 months with an average monthly subsidy of $665.00 through the YES Program - Community Development Agency AGMT 94-056 LAND USE MATTERS CONDITIONAL USE PERMITS/VARIANCES/PARKING WAIVERS Motion: Approve Notice of Exemption and file Findings of Fact. 31.A. CUP 93-012 - 2233 W. First Street - Filed by Everado Godoy to allow indoor entertainment at the Piccolo Club in the C2 district - Planning and Building Agency Planning Commission action: Approval FILE CUP CITY COUNCIL MINUTES 121 MAY 16, 1994 CONSENT CALENDAR MISCELLANEOUS - LAND USE 39.A. CIVIC CENTER BARRIO HOUSING CORPORATION - MYRTLE STREET ACQUISITIONS Motion: 1. Approve. Deferred payment loan from federal HOME program in the amount of $390,000.00 and a Community Housing Development Organization (CHDO) administration grant in the amount of $36,000.00 to the Civic Center Barrio Housing Corporation for the acquisition of three separate six-unit apartment buildings located on Myrtle Street within the Weed and Seed target area - Community Development Agency 2. Authorize. City Attorney to prepare and Executive Director of the Community Development Agency to execute a loan agreement and all documents necessary for issuance of the loan - Community Development Agency FILE BK 39.B. ACQUISITION AND REHABILITATION LOAN - 406 W. WASHINGTON Motion: 1. Approve. Deferred payment loan from the federal HOME program in the amount of $300,000.00 and a CHDO administration grant in the amount of $20,000.00 to American Lodging for the acquisition of an affordable apartment building located at 406 W. Washington - Community Development Agency 2. Authorize. City Attorney to prepare and Executive Director of the Community Development Agency to execute a loan agreement and all documents relating to the loan, administrative grant, and other requirements under the federal HOME program - Community Development Agency FILE BK PRESENTATIONS No Smoking pledges from the African-American community presented by Wilson Elementary School Principal DeVera H. Heard to MAYOR YOUNG * * * END OF CONSENT CALENDAR * * * CITY COUNCIL MINUTES 122 MAY 16, 1994 BUSINESS CALENDAR ORDINANCES SECOND READING Art Jacques spoke in opposition to the no smoking ordinance. 11.B. AMENDMENT TO THE NO SMOKING ORDINANCE (MILLS) ORDINANCE NS-2221 - An ordinance of the City of Santa Ana amending Article II of Chapter 18 of the Santa Ana Municipal Code pertaining to the regulation of smoking - Council Services FILE BK MOTION: Mills VOTE: AYES: NOES: ABSENT: None SECOND: Moreno Lutz, Mills, McGuigan, Moreno, Pulido, Richardson, Young None ORDINANCES/FIRST READING 50.A. MODIFICATIONS TO GARAGE SALE REGULATIONS Art Jacques spoke in opposition to the garage sale regulations. David Lopez and Joe Vielma spoke in favor of the garage sale regulations. Miles Leach suggested the City include real estate for sale signs in said regulations. Motion: Place ordinance on first reading and authorize publication of title. ORDINANCE 2218 - An ordinance of the City of Santa Ana amending Sections 41-65.5 and 41-193 of the Santa Ana Municipal Code to revise the City's garage sale regulations - Planning and Building Agency MOTION: Moreno VOTE: AYES: NOES: ABSENT: None SECOND: Lutz Lutz, Mills, McGuigan, Moreno, Pulido, Richardson, Young None FILE BK Mayor Young acknowledged Margaret Farris' support of the no smoking ordinance. CITY COUNCIL MINUTES 123 MAY 16, 1994 BUSINESS CALENDAR COUNCIL AGENDA ITEMS 85.A. ALARM USER PERMIT FEE (MILLS) (Taken out of Agenda order) Moa'on: Continue consideration of Alarm User Permit Fee to June 6, 1994 meeting. MOTION: Mills VOTE: AYES: NOES: ABSENT: None SECOND: Moreno Lutz, Mills, McGuigan, Moreno, Pulido, Richardson, Young None FILE BK REPORTS 65.A. MCFADDEN AVENUE REALIGNMENT AND WIDENING Rudolph Meo, representing the Church of Jesus Christ, spoke in support of the project. Mayor Pro Tern Pulido urged staff to work closely with the community in the implementation of this project. Motion: 1. Approve. McFadden Avenue Realignment Plan 2. Adopt resolution. RESOLUTION 94-020 - A resolution of the City Council of the City of Santa Ana certifying a final environmental impact report for the McFadden Avenue Realignment Project, making certain finding with regard to the environmental effects of that project, and adopting a mitigation monitoring program for that project - Public Works Agency 3. Approve. Three recommended implementation strategies for the Realignment Plan: a) Set aside $100,000 from the Project Fund to cover mitigation measures resulting from the Wilshire Square Neighborhood traffic protection plan; b) Establish a permit parking district for streets in the vicinity of Lathrop Intermediate to mitigate the project's traffic impact on residents; and CITY COUNCIL MINUTES 124 MAY 16, 1994 BUSINESS CALENDAR c) Develop a streetscape plan for the south Main Street Corridor and provide financial incentives to encourage property owners to invest in the improvement of their properties. MOTION: Richardson SECOND: Lutz VOTE: A YES: NOES: Lutz, Mills, McGuigan, Moreno, Pulido, Richardson, Young None ABSENT: None FILE RPT PUBLIC HEARINGS 75.B. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - FY 94-95 (Taken out of Agenda order) Consideration of the use of $6,675,000.00 in Community Development Block Grant funds for maintaining and upgrading the City's affordable housing stock through rehabilitation loans, grants and rebates; improving low- and moderate-income neighborhoods through public improvements and public facilities; and providing social services which benefit low- and moderate-income persons Legal Notice published in the Register on April 8, 1994 The Mayor opened the public hearing regarding the proposed Community Development Block Grant Program for fiscal year 1993-94 at 7:04 p.m. Presentation of staff report and staff comments by Community Development Agency Executive Director Cindy Nelson and CDBG Advisory Committee Chair James Walker Presentation of written comments by Asst. Clerk of the Council William Z. Navaja: None The following written comments were received by the Clerk of the Council Office prior to the Council meeting and distributed to the Council: Jan Ostashay, Administrative Director Discovery Museum of Orange County dated April 14, 1994 John R. Simon, Chairman and President S.P.I.N. dated April 15, 1994 CITY COUNCIL MINUTES 125 MAY 16, 1994 PUBLIC HEARINGS Mary Ann Salamida Neighborhood Service Center dated April 18, 1994 James T. Walker, Commissioner Santa Ana Human Relations Commission Carol Geisbauer, Executive Director Camp Fire Boys and Girls dated April 19, 1994 Electra Adams, Child Development Coordinator Santa Ana Unified School District dated April 19, 1994 Helen L. Walley Orange County Council of Camp Fire Girls dated April 27, 1994 The following individuals spoke regarding their respective CDBG requests: Louis Spisto, Pacific Symphony Ada Hernandez, Camp Fire Boys and Girls Club Rifka Hirsch, The Cambodian Family Bill Mitchell, Career Beginnings Michael Boyd, Inner Vision Youth Mary Douglas, YWCA Louie Olivos, Jr., Actores de Santa Ana Electra Adams, Santa Ana Unified School District Jay Wandalowski, Share Our Selves Free Medical Clinic Janet Hart, Serving People In Need Sal Sarmiento, Relampago Del Cielo Eric Halasz, Orange County Crazies William Brown, California Council on Self-esteem Sister Kathy Stein, Thomas House Shelter For Families Ellen Harvey, Orange County Transportation Authority Barbara Hanes, County of Orange Area Agency on Aging Luz Quilizapa, Pride Development Inc. Dr. Dorothy L. Davis, Pride Development Inc. Karen Ruan, Orange County Bar Foundation - Shortstop Sandi Burns, St. Vincent De Paul Rick Travis, California Elwyn Thomas Harman, Huntington Youth Center Karen Johnson, Discovery Museum Lisa Mastropietro, Mercy House Transitional Living Center Tim Shaw, Orange County Homeless Issues Task Force Melinda Everhart, Women's Transitional Living Center B.J. McLean, St. Vincent De Paul/Victim Offender Reconciliation Program Sam Ho, Vietnamese Community of Orange County, Inc. Helen Brown, Laotian-American Chamber of Commerce Chongge S. Varig, Laotian-American Chamber of Commerce CITY COUNCIL MINUTES 126 MAY 16, 1994 PUBLIC HEARINGS The Mayor closed the public hearing at 8:16 p.m.. Motion: Continue consideration of the proposed Community Development Block Grant Program for fiscal year 93-94 to June 20, 1994. MOTION: Young VOTE: AYES: NOES: SECOND: Mills Lutz, Mills, McGuigan, Moreno, Pulido, Richardson, Young None ABSENT: None 75.A. GENERAL PLAN AMENDMENT 92-007 - S I' 2 - AMENDMENT APPLICATION 1061 - EIR 90-006 - NORTH HARBOR GPA 92-007 proposes to re. designate land uses along Harbor Boulevard. S I? 2 proposes to replace the existing zoning regulations on Harbor Boulevard from 17th Street south to the city limits one block north of Edinger Avenue. AMENDMENT APPLICATION 1061 proposes to rezone all property on Harbor Boulevard from 17th Street south to one block north of Edinger Avenue to S I' 2. Recommended for approval by the Planning Commission on April 11, 1994 by a 6/0 vote with Mondo absent Legal Notice published in the Register on May 6, 1994 RECESS - 8:17 P.M. RECONVENED - COUNCIL CHAMBERS - 8:29 P.M. - All Councilmembers present The Mayor opened the public hearing regarding the proposed North Harbor Boulevard Specific Plan at 8:29 p.m. Presentation of staff report and staff comments by Planning and Building Agency Executive Director Robyn Uptegraff Presentation of written comments by Asst. Clerk of the Council William Z. Navaja: None CITY COUNCIL MINUTES 127 MAY 16, 1994 PUBLIC HEARINGS The following individuals spoke in support of the North Harbor Plan: Gerrie Thomas Dave Lopez Joe Vielma Ray Bicknell Antonio Martinez requested consideration of the North Harbor Plan be continued. Dan Coryell expressed opposition to the North Harbor Plan. The Mayor closed the public hearing at 8:42 p.m. Motion: Adopt resolutions and place ordinance on first reading and authorize publication of title. RESOLUTION 94-021 - A resolution of the City Council of the City of Santa Ana certifying a final environmental impact report for the North Harbor Specific Plan, making certain finding with regard to the environmental effects of that project and adopting a mitigation monitoring program for that property - Planning and Building Agency RESOLUTION 94-022 - A resolution of the City Council of the City of Santa Ana amending the Land Use Element of the General Plan to change certain land use designations in the area of North Harbor Boulevard (GPA 92-7) - Planning and Building Agency ORDINANCE NS-2222 - An ordinance of the City of Santa Ana rezoning certain property in the area of North Harbor Boulevard to the Specific Plan (SP) District and adopting Specific Plan No. 2 for said area - Planning and Building Agency MOTION: McGuigan VOTE: AYES: NOES: ABSENT: None SECOND: Richardson Lutz, Mills, McGuigan, Moreno, Pulido, Richardson, Young None FILE: AMAP CITY COUNCIL MINUTES 128 MAY 16, 1994 PUBLIC HEARINGS MOTION: Mills VOTE: AYES: NOES: ABSENT: None SECOND: Pulido Lutz, Mills, McGuigan, Moreno, Pulido, Richardson, Young None RECESSED TO HOUSING AUTHORITY - 10:16 P.M. RECONVENED - COUNCIL CHAMBERS - 10:17 P.M. - All Councilmembers present COMMENTS 90.A. PUBLIC COMMENTS The following persons spoke in favor of the Santa Ana Unified School District's (SAUSD) space-saver school project proposed for the Bristol Marketplace, expressed concern that the Council was divided on this issue, and urged the Council to support the proposal: Audrey Yamagata-Noji Paul Rosenau Tom Stewart Cyndi Thornley Kathi Jo Brunning Sara Lundquist Michelle Morrisey Wendy Tobiska Mark Perew Meg Waldram Maggie Miller Paulina W. Shubin Jeff Morrison Peter Shubin Michelle Morrisey spoke in defense of Councilmember Mills' decision to represent her constituents' opposition to the space-saver school and asked the Council to form a consensus on an official Council position on the issue. 90.B. CITY COUNCIL COMMENTS Councilmember McGuigan opined that it would be inappropriate for her to take a position on the space-saver school issue since the impacted district was not in her jurisdiction. CITY COUNCIL MINUTES 131 MAY 16, 1994 COMMENTS Councilmember Moreno spoke in favor of the space-saver school project, defended Councilmember Mill's prerogative to oppose the project in response to her constituents' concerns, and reported on his efforts to lobby the State Allocation Board in support of the project. Councilmember Richardson noted the School Board was the duly elected body in charge of school policy, related the practical and financial difficulties of constructing new schools in a built-out city like Santa Ana, expressed concern about forfeiting scarce school funding, and indicated support for the space-saver school. Councilmember Lutz acknowledged the need for the space-saver school project but expressed reservations about the proposed project site. Mayor Young cautioned that the space-saver school funding was being jeopardized by divisive messages from the project's opposing factions, reiterated Santa Ana's dire ne2.d for more schools, and urged the Council to unite by endorsing his letter to the State Allocation Board in support of the space-saver school. RECESSED TO CLOSED SESSION - ROOM 147 - 10:17 P.M. CLOSED SESSION ITEMS The Brown Act permits the City Council to discuss certain matters without members of the public present provided the items to be discussed are publicly posted 72 hours prior to the City Council meeting. Following are the items for the May 16, 1994 Closed Session. 95.A. CONFERENCE WITH LABOR NEGOTIATOR (G.C. Section 54957.6) Agency Negotiator: Swadesh Chopra Employee Organization: Fire Benevolent Association; Police Management Association; Santa Ana City Employee Union Part-Time Employees 95.B. 95.B.1 95.B.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (G.C. Section 54956.9) Name of Case: Manuel Rubio, Workers' Compensation File No. 91140322 Name of Case: Simon v. Ehart, et al. Federal Case No. CV 91-5910 RMT (K) CITY COUNCIL MINUTES 132 MAY 16, 1994 PUBLIC HEARINGS 75.C. VESTING TENTATIVE PARCEL MAP 93-198 - ME 93-002 - VA 94-004 - 2000-2260 E. 17TH STREET - GATEWAY CENTER PROJECT FILED BY THE HAWS COMPANIES VESTING TENTATIVE PARCEL MAP 93-198 to create six parcels and permit a restricted building yard agreement between two parcels for a proposed commercial center in the C1 District ME 93-002 to allow a reduction of 77 required parking spaces for a proposed commercial center VA 94-004a to allow two existing nonconforming monument signs to remain at a proposed commercial center VA 94-004b to allow secondary wall subsignage for larger tenants at a proposed commercial center Vesting Tentative Parcel Map 93-198, ME 93-002 and VA 94-004 were recommended for approval by the Planning Commission on May 9, 1994 by a 7/0 vote; VA 94-004b was recommended for denial by a 4/3 vote Legal Notice mailed on May 6, 1994 The Mayor opened the public hearing regarding the proposed Gateway Center Project at 8:53 p.m. Presentation of staff report and staff comments by Planning and Building Agency Executive Director Robyn Uptegraff Presentation of written comments by Asst. Clerk of the Council William Z. Navaja: One Corin L, Kahn, Attorney at Law Barry Luboviski expressed concerns regarding the Gateway Project. The following spoke in support of the Gateway Project: Jay Washerman, Shady Lane Homeowners Association President Wade Williams, Smith Foods & Drugs Councilmember McGuigan requested that written communications previously received from Wilde Management Group and from Corin L. Kahn of Narvid, Glickman, Harrison & Scott law office be entered into the public record. The Mayor closed the public hearing at 9:07 p.m. CITY COUNCIL MINUTES 129 MAY 16, 1994 PUBLIC HEARINGS Motion: i. Adopt resolution. RESOLUTION 94-023 - A resolution of the City Council of the City of Santa Ana certifying a final environmental impact report for the Gateway Center Project, making certain findings with regard to the environmental effects of that project, and adopting a mitigation monitoring program for that project - Planning and Building Agency Approve based on Findings of Fact and subject to conditions in Staff's report. TENTATIVE PARCEL MAP 93-148 - 2000-2260 E. 17th Street - Filed by The Haws Companies to create six parcels and permit a restricted building yard agreement between two parcels for a proposed commercial center in the C1 District - Planning and Building Agency Planning Commission Action: Approval FILE t~VIAP ME 93-002 - 2000-2260 E. 17th Street - Filed by The Haws Companies to allow a reduction of 77 required parking spaces for a proposed commercial center - Planning and Building Agency Planning Commission Action: Approval FILE ME VA 94-004a - 2000-2260 E. 17th Street - Filed by The Haws Companies to allow two existing nonconforming monument signs to remain at a proposed commercial center - Planning and Building Agency Planning Commission Action: Approval FILE VA 3. File Findings of Fact. VA 94-004b - 2000-2260 E. 17th Street - Filed by The Haws Companies to allow secondary wall subsignage for large tenants at a proposed commercial center - Planning and Building Agency Planning Commission Action: Denial FILE VA Authorize the City Attorney to prepare and the Executive Director of the Planning and BuiMing Agency to execute agreement. BUILDING RESTRICTION AGREEMENT TO PRESERVE OPEN SPACE BETWEEN BUILDINGS AT 17TH & WILLIAMS STREET (GATEWAY CENTER PROJECT) - With Smith's Food and Drug Centers, Inc. - Planning and Building Agency FILE AGMT CITY COUNCIL MINUTES 130 MAY 16, 1994 CLOSED SESSION 95.C. 95.C. 1 LIABILITY CLAIMS (G.C. Section 54956.95) Claimant: MacArthur Village Homeowners Association Claim No. 94-071 Agency Claimed Against: City of Santa Ana 95.D. MEMORANDUM OF UNDERSTANDING - SANTA ANA CITY EMPLOYEES UNION - PART TIME EMPLOYEES FOR JULY 1, 1993 THROUGH JUNE 30, 1995 RECONVENED - COUNCIL CHAMBERS - 10:34 P.M. - All Councilmembers present CLOSED SESSION REPORT Motion: Authorize execution or settlements as appropriate: 95.A. CONFERENCE WITH LABOR NEGOTIATOR (G.C. Section 54957.6) Agency Negotiator: Swadesh Chopra Employee Organization: Fire Benevolent Association; Police Management Association; Santa Ana City Employee Union Part-Time Employees NO ACTION REPORTED 95.B. 95.B. 1 95.B.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (G.C. Section 54956.9) Name of Case: Manuel Rubio, Workers' Compensation File No. 91140322 Compromise and release: $40,000.00 Name of Case: Simon v. Ehart, et al. Federal Case No. CV 91-5910 RMT (K) NO ACTION REPORTED 95.C. 95.C.1 LIABILITY CLAIMS (G.C. Section 54956.95) Claimant: MacArthur Village Homeowners Association Claim No. 94-071 Agency Claimed Against: City of Santa Aha Settlement: $4,591.22 CITY COUNCIL MINUTES 133 MAY 16, 1994 CLOSED SESSION 95.D. MEMORANDUM OF UNDERSTANDING - Santa Ana City Employees Union - Part Time Employees for July 1, 1993 through June 30, 1995 AGMT 94-059 MOTION: McGuigan SECOND: Pulido VOTE: A YES: NOES: Lutz, Mills, McGuigan, Moreno, Pulido, Richardson, Young None ABSENT: None COMMENTS 90.B. CITY COUNCIL COMMENTS (Continued) Councilmember McGuigan asked staff to investigate reported illegal commercial signs on the south-end of town and to consider the City of Concord's regulations to control sign blight for possible application in Santa Ana. Councilmember Richardson and Mayor Pro Tem Pulido thanked staff for providing excellent technical and administrative support to their legislative efforts on residential occupancy. Councilmember Lutz requested staff to investigate an alleged public nuisance caused by a "soup kitchen" for transients on 1602 W. Second Street. ADJOURNMEN~/~0:37 P.M. r..---/ 7 5w/ ,, ~m~?61~;v~fathe Council CITY COUNCIL MINUTES 134 MAY 16, 1994