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HomeMy WebLinkAbout06-05-1995MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JUNE 5, 1995 CALLED TO ORDER 6:11 P.M. CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA ATTENDANCE: COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor ROBERT L. RICHARDSON, Mayor Pro Tern TONY ESPINOZA TOM LUTZ PATRICIA A. McGUIGAN LISA MILLS TED R MORENO Absent: NONE STAFF Present: DAVID N. REAM, City Manager EDWARD J. COOPER, City Attorney WILLIAM J. NAVAJA, Asst. Clerk of the Council PLEDGE OF ALLEGIANCE MAYOR PULIDO ~VOCATION Chaplain Robert Barnett Police Department EMPLOYEE AWARDS MAYOR PULIDO 20 Years of Service Irma Vasquez Sergeant Police Department CITY COUNCIL MINUTES 141 JUNE 5, 1995 25 Years of Service David Redwine Sergeant Police Department 30 Years of Service Don Kennedy Captain Fire Department PRESENTATIONS Mayor's Exceptional Citizen Award for outstanding conservatorship of Santa Ana's history presented by MAYOR PULIDO and MAYOR PRO TEM RICHARDSON to Diann Marsh, author of Santa Ana: An Illustrated History, 125th Anniversary_ Edition Donation of $30,000 check from the Santa Ana Kiwanis Club for Thornton "Barrier Free" Park presented by Santa Ana Kiwanis Club President Armen Keuilian to MAYOR PRO TEM RICHARDSON and Certificate of Recognition presented by MAYOR PRO TEM RICHARDSON to Santa Ana Kiwanis Club President Armen Keuilian and various Club representatives Certificates of Recognition for outstanding contributions to the Federal Courthouse Mural Project presented by COUNCILMEMBERS MILLS and LUTZ to the following: CONTRIBUTING RESTAURANTS Boardwalk Cafe Burger King Donut Inn Los Panchos Restaurant Pop's Cafe Shetly's Courthouse Bistro Taco Bell Rick Ankrom Ann Anson CONTRIBUTING ARTISTS Daniel Arvizu President/Owner, ARTEGEO Allison Kendis David Kiddie CITY COUNCIL MINUTES 142 JUNE 5, 1995 Randy Au Taft Brand Cheryl Bookout Rene Mel Cardona Cage Chameleon Lynne Coenan Don Cribb Angela D'Agostino Sean De Wine Sandra Deeks Nilza Di Carlo Frank Dixon Joyelyn Dixon Ann Douglas Nina Fasoulidou Anna Friesen Jeffrey Frisch Diane Gamboa Jorge A. Gordillo Javier Guardado Jennifer Irani Mariko Ishshara Jean Fitch Jones Lynn Kubasek Nancy Lutz Leonard Maldonado Jules Margolis Gil Marrero Oscar Martinez Daniel Montano Myrella Moses Cornellius O'Leary Bob Pece Jennifer Plessinger Christopher Ramsey Dorfit Rawlins Meg Rowntree Ken Ruzic Grace Sanlin Connie Sasso Mike Sasso Duncan Simcoe Kathy Simcoe Pamela Simonton Dedra Trotter Kenneth John Verdugo Generous donations to the children and community of Santa Ana by Amar Ranch Market General Manager Bernard "Bernie" McKeehan recognized by COUNCILMEMBER ESPINOZA Certificate of Recognition for over 75 years of outstanding service to the community presented by COUNCILMEMBER MCGUIGAN to Helen Davis and Audrey Tewell, members of the Santa Ana American Legion Ladies Auxiliary Post 131 OATHS OF OFFICE Administered by Assistant Clerk of the Council William Z. Navaja to the following: Louisa P. Soils, Ward 4 representative to the Library Board CITY COUNCIL MINUTES 143 JUNE 5, 1995 CONSENT CALENDAR The Mayor announced the following modifications to the Consent Calendar: 1. Abstention by Councilmember Espinoza on Item 12.B. 2. Abstention by Councilmember Mills on Item 25.A 3. Removal of Item 25.F. for separate action. Approve staff recommendations on the following Consent Calendar Items. MOTION: Richardson VOTE: AYES: NOES: ABSENT: None SECOND: McGuigan Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None MINUTES Motion: 10.A 10.B. ADMINISTRATIVE MATTERS Approve Minutes. REGULAR MEETING OF MAY 1, 1995 REGULAR MEETING OF MAY 15, 1995 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, ifa 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. Motion: ll.A (Placed on first reading on May 1, 1995 by unanimous vote) Published in the O. C. Reporter on May 5, 1995 Place ordinances on second reading and adopt. REGULATION OF NEWSBOXES IN THE PUBLIC RIGHT OF WAY CITY COUNCIL MINUTES 144 JUNE 5, 1995 CONSENT CALENDAR ll.B. ll.C. ll.D. ORDINANCE NS-2248 - An ordinance of the City of Santa Ana amending Article V of Chapter 33 of the Santa Ana Municipal Code, regulating newsboxes in the public right-of-way - Public Works Agency FILE BK NUMBER OF DOGS PER HOUSEHOLD ORDINANCE NS-2249 - An ordinance of the City of Santa Ana amending Section 5-50 of the Santa Ana Municipal Code, pertaining to the number of dogs which may be kept by persons in the City of Santa Ana - Police Department FILE BK PENALTIES FOR VIOLATION OF BUILDING CODE ORDINANCE NS-2250 - An ordinance of the City of Santa Ana repealing Section 8-91 of the Santa Ana Municipal Code, pertaining to penalties for violation of the Building Code - Planning and Building Agency FILE BK REGULATION OF VEHICLE FOOD VENDORS ORDINANCE NS-2251 - An ordinance of the City of Santa Ana amending Sections 36-700, 36-709 and 1-18.1 of the Santa Ana Municipal Code and repealing Sections 36-715 and 36-716, pertaining to the sale of food from vehicles - Police Department FILE BK NOTICES OF PUBLIC HEARING 12.A Motion: GENERAL PLAN AMENDMENT NO. 95-004 - CIRCULATION ELEMENT & RECLASSIFICATION OF MAPLE AND HALLADAY STREETS FILE GPA Continue indefinitely. 12.B. Motion: ABANDONMENT 95-A5 MORTIMER STREET BETWEEN 4TH AND 5TH STREETS Adopt resolution setting matter for public hearing on July 3, 1995. RESOLUTION 95-016 - A resolution of the City Council of the City of Santa Ana declaring its intention to vacate Mortimer Street between Fourth and Fifth Streets, setting a public hearing thereon, and directing notice thereof to be posted and published - Community Development Agency (Councilmember Espinoza abstained.) FILE CA CITY COUNCIL MINUTES 145 JUNE 5, 1995 CONSENT CALENDAR BOARDS/COMMISSIONS/COMMITTEES 13.A APPOINTMENTS Motion: Appoint. Richard Freeman, 2022 N. Olive, as the Santa Ana Chamber of Commerce Representative to the Environmental and Transportation Advisory Committee for a first full term expiring November 30, 1998 FILE BC Nadine Rodriguez, 2325 Riverside Drive as the Santa Aha Unified School District representative to the Board of Recreation and Parks for a second full term expiring November 30, 1998 FILE BC 13.B. Motion: BIANNUAL ATTENDANCE REPORT Receive and file report. Biannual Attendance Reports - October 1994 - March 1995 FILE BC CLERK OF THE COUNCIL POSTING REPORT Motion: Instruct Clerk to enter notice of posting into the Minutes. 15.A Margaret Harwood's resignation from the Human Relations Commission by letter effective May 1, 1995 was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 4:00 p.m. on April 28, 1995. 15.B. The May 1, 1995 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 3:45 a.m. on April 26,1995. 15.C. The May 15, 1995 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza at 11:00 a.m. on May 10,1995. 15.D. The Notice of Adjournment of the May 15, 1995 Council Meeting to June 1, 1995 was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 9:50 p.m onMay 15, 1995. 15.E. The June 1, 1995 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 11:00 a.m. on May 26, 1995. CITY COUNCIL MINUTES 146 JUNE 5, 1995 CONSENT CALENDAR 15.F. Richard B. Kirwan's resignation from the Library Board effective May 22, 1995 was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 3:00 p.m. on May 30, 1995. 20.A Motion: BUDGETARY MATTERS APPROPRIATION ADJUSTMENT 95-152 - TUSTIN AVENUE IMPROVEMENTS 1. Approve. TUST1N AVENUE IMPROVEMENTS - 17TH ST TO 300 FEET NORTH OF FRANZEN - Change Order 1; increasing in the amount of $128,438.00 - Public Works Agency PROJ 2575 2. Approve. (Requires five affirmative votes) Receipt of Local Drainage Area 2 funds in Fund 202 recognizing $89,465.00 and appropriating same for storm drain improvements in conjunction with the Tustin Avenue reconstruction project - Finance and Management Services FILE APAD SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award as recommended in Requests for Council Action. 22.A TYPEWRITER MAINTENANCE - With Total Concept Services for a final one- year renewal period in the estimated amount of $10,800.00 - Finance and Management Services SPEC 91-026 22.B. REAGENT DRUG TEST KITS - POLICE DEPARTMENT - To Adamson Industries for a final one-year renewal period in the estimated amount of $52,230.00 - Finance and Management Services SPEC 93-011 22.C. MiCRO COMPUTER HARDWARE AND PRINTERS - To the following for a one-year renewal period - Finance and Management Services SPEC 93-021 Forbes Computer Group in the estimated amount of $75,000.00 Micro Express in the estimated amount of $75,000.00 Valcom Computer Center in the estimated amount of $40,000.00 CITY COUNCIL MINUTES 147 JUNE 5, 1995 CONSENT CALENDAR 22.D. KODAK MICROGRAPHICS EQUIPMENT MAINTENANCE - POLICE DEPARTMENT - To Eastman Kodak Company as the sole source provider for one year in the amount of $12,991.00 - Finance and Management Services SPEC 93-069 22.E. TRAFFIC AND CURB PAINT - To the following for a one-year renewal period - Finance and Management Services SPEC 93-630 Morton International Coatings in the estimated amount of $59,106.00 Pervo Paint in the estimated amount of $3,649.00 22.F. REPROGRAPHIC SERVICES - To Consolidated Reprographics for the first one- year renewal period in the estimated amount of $84,000.00 - Finance and Management Services SPEC 94-002 22.G. CUSTODIAL SERVICES - VARIOUS LOCATIONS - To Metro Building Maintenance Company for a one-year renewal period in the estimated annual amount of $51,504.00 - Finance and Management Services SPEC 94-024 22.H. PARAMEDIC BILLING - To Wittman Enterprises for a one-year renewal period ending June 30, 1996 in the per patient account cost of $10.40 - Finance and Management Services/FireDepartment SPEC 94-038 22.I. SPANISH LANGUAGE CHILDREN'S BOOKS - To Fondo Cultural Latino- Americano for a 12-month renewal period in the estimated annual amount of $20,000.00 - Finance and Management Services SPEC 94-042 22.J. BODY ARMOR (BULLET-PROOF VESTS) - To Topline USA under the County of Orange contract for a 12-month renewal period in the estimated annual amount of $90,000.00 - Finance and Management Services SPEC 94-089 22.K TRANSMISSION SERVICE - FLEET MAINTENANCE - To Motra Transmission Center for a 12-month period with provision for two 12-month renewals in the estimated annual amount of $20,000.00 - Finance and Management Services SPEC 95-010 22.L. POLICE MOTORCYCLES (7) - To VIP Motorcycles, Inc. in the amount of $59,343.18 - Finance and Management Services SPEC 95-012 22.M. FACSIMILE MACHINE MAINTENANCE - To Newport Office Equipment for a three-year period in the estimated annual amount of $7,080.00 - Finance and Management Services SPEC 95-014 CITY COUNCIL MINUTES 148 JUNE 5, 1995 CONSENT CALENDAR 22.N. 22.0. PAGING SERVICES - VARIOUS CITY PERSONNEL - To MobileMedia Communications Inc. for a 36-month period with provision for two 12-month renewal in the estimated annual amount of $20,100.00 - Finance and Management Services SPEC 95-015 REMOVAL AND REPLACEMENT OF HEATING AND AIR CONDITIONING UNIT - FIRE STATION 4 - To Adelphia, Inc. DBA Chandler's Air Conditioning and Refrigeration in the amount of $3,868.00 - Finance and Management Services SPEC 95-118641 PROJECTS - MAINTENANCE, REHABILITATION, IMPROVEMENT, CONSTRUCTION, OR CHANGE ORDERS FOR PUBLIC FACILITIES Motion: Award as recommended in Requests for Council Action. 23.A FAIRVIEW STREET REHABILITATION - ANAHURST PLACE TO EDINGER - Golden Meadows Construction for Bid Alternate II in the estimated amount of $465,259.25 with total estimated construction cost of $606,000.00 - Public Works Agency PROJ 1552 23.B. SLURRY SEAL PROGRAM - To California Pavement Maintenance Company, Inc. for Base Bid plus Alternate 1 in the estimated amount of $578,845.27 with total estimated construction cost of $700,600.00 - Public Works Agency PROJ 2179 23.C. RED CURB PAINTING - VARIOUS STREETS - To Merzi Painting and Construction in the amount of $65,435.00 - Public Works Agency PROJ 2183 23.D. WROUGHT IRON FENCING - REGIONAL TRANSPORTATION CENTER - To Hondo Company in the estimated amount of $17,745.00 with total estimated construction cost ot'$25,800.00 - Public Works Agency PROJ 2936 23 .E. STREET IMPROVEMENTS - SHELTON, CIVIC CENTER DRIVE & SIXTH STREET - To Kennedy Pipeline Company in the estimated amount of $1,013,776.00 with total estimated construction cost of $1,273,500.00 - Public Works Agency PROJ 7583 CITY COUNCIL MINUTES 149 JUNE 5, 1995 CONSENT CALENDAR 23.F. Reject all bids. MADISON PARK RENOVATION - Public Works Agency PROJ 6272/6305 AGREEMENTS Motion: Authorize the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreement. 25.A MASTER FUNDiNG AGREEMENT FOR TRANSPORTATION PROJECTS FUNDED BY MEASURE M AND THE BICYCLE AND PEDESTRIAN FACILITIES PROGRAM - With Orange County Transportation Authority - Public Works Agency (Councilmember Mills abstained.) AGMT 95-026 25.B TEMPORARY CONSTRUCTION ENGINEERING SERVICES - With Electronic Engineering Associates in an amount not-to-exceed $100,000.00 - Public Works Agency AGMT 95-027 25.C. MAINTENANCE AND REPAIR OF RADIO COMMUNICATION SYSTEMS - RENEWAL - With Westnet Systems, Inc in the estimated annual amount of $40,000.00 - Fire Department AGMT 95-028 25.D ELECTRONIC INFORMATION SYSTEMS STRATEGIC PLAN FOR CITYWIDE AUTOMATION - With the Warner Group in an amount not to exceed $71,250.00 - Finance and Management Services AGMT 95-029 25.E. LEASE TERMiNATION - NORTHEAST CORNER OF CIVIC CENTER DRIVE AND SYCAMORE STREET - With Title Insurance and Trust Company - Community Development Agency AGMT 95-030 25.F. DELHI PARK IMPROVEMENTS - Removed for separate action. (See Minutes page 153.) 25.G. JO1NT POWERS AUTHORITY - 800 MHZ COMMUNICATIONS SYSTEMS & DESIGNATION OF BOARD REPRESENTATIVE Mo6on: Direct the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreement. COUNTY 800 MHZ COMMUNICATIONS SYSTEM JOINT POWERS AUTHORITY - With the County of Orange - Finance and Management Services AGMT 95-032 CITY COUNCIL MINUTES 150 JUNE 5, 1995 CONSENT CALENDAR 2. Designate. Executive Director of Finance and Management Services as the City's representative to the Joint Powers Authority Executive Board MISCELLANEOUS - BUDGET 29.A AMERICAN LODGING - ACQUISITION OF 1025 N. SPURGEON Motion: 1. Approve. Deferred payment loan in the maximum amount of $220,000.00 and a Community Housing Development Organization administrative grant of $2,000.00 per unit for a total of $8,000.00 to American Lodging for the acquisition and rehabilitation of four units located at 1025 N. Spurgeon - Community Development Agency 2. Direct. City Attorney to prepare and the Executive Director of the Community Development Agency to execute an amended loan agreement and all other required documents as necessary - Community Development Agency FILE BK 29.B. OFFER TO PURCHASE VARIOUS COUNTY-OWNED PROPERTY Motion: Authorize City Manager to submit an offer to purchase. County-owned properties (Phoenix House site, Fruit Street complex, Santa Ana Boulevard remnant, Forrest Paul site, Orange County Housing Authority building and parking lot) for the full amount of value as determined by the County for a total amount of $8,839,000.00 with the stipulation that the value of the properties be credited against the amount owed by County to City - Community Development Agency FILE BK LAND USE MATTERS CONDITIONAL USE PERMITS/VARIANCES/PARKING WAIVERS Motion: Receive and file staff reports and adopt findings as submitted by staff. 31.A CUP 95-004 - 1110 E. 17th - Filed by AirTouch Cellular to allow the modification and enhancement of an existing 60-foot cellular monopole in the General Commercial (C-2) zoning district - Planning and Building Agency Planning Commission Action: Approval FILE CLIP CITY COUNCIL MINUTES 151 JUNE 5, 1995 CONSENT CALENDAR CLIP 95-005 - 2701 W. 5th - Filed by AirTouch Cellular to allow the installation of a new 60-foot high cellular monopole located at the Spurgeon Intermediate School in the Open Space (O) zoning district - Planning and Building Agency Planning Commission Action: Approval FILE CLIP CLIP 95-006 - 2210 S. Ritchey - Filed by AirTouch Cellular to allow the installation of a new 60-foot high cellular monopole in the Light Industrial (M1) zoning district - Planning and Building Agency Planning Commission Action: Approval FILE CLIP TENTATIVE PARCEL/TRACT MAPS Moffon: Approve tentative parcel map as conditioned by staff and adopt the findings as submitted by staff. 32.A Parcel Map 94-189 - 1322 E. Warner - Filed by Fuscoe Engineering for the Southern California Edison Company to subdivide an existing lot into two parcels - Planning and Building Agency Zoning Administrator Action: Approval F1LE PMAP FINAL PARCEL/TRACT MAPS Motion: Approve final parcel map and accept dedications thereon. 33.A Parcel Map 95-122 - 855-1005 S. Bristol - Consolidates nine lots and one parcel consisting of 1.55 acres of land into one parcel o Public Works Agency FILE PMAP * * * END OF CONSENT CALENDAR * * * CITY COUNCIL MINUTES 152 JUNE 5, 1995 BUSINESS CALENDAR AGREEMENTS 25.F. DELHI PARK IMPROVEMENTS Recreation and Community Services Executive Director Allen Doby and McLarend/Vasquez Inc. Principal Architect Ernie Vasquez, the Project Design Consultant, gave a slide presentation on the Delhi Park Project. The following individuals spoke in support of the Delhi Park Project. Bob Silva, Monroe Elementary School Principal Nicolas Mufioz, Orange County Congregation Community Organization (OCCCO) Olivia Quintana, OCCCO Catalina Mufioz, OCCCO Al Chavez, Delhi Center Irene Martinez, Delhi Center Beatriz Vasquez In response to inquiries from the above speakers, City Manager David Ream announced that Mayor Pulido and City staffwould be attending a scheduled June 15, 1995 community meeting to discuss the implementation of the Delhi Park Project. Ream then related the project's funding and construction timeline, and reaffirmed the City's commitment to complete the 31,000-square foot project estimated to cost some $4 million on a timely basis. Councilmember Moreno commended staff on the City's innovative plan to contract out the Community Center's operations to a non-profit organization that has been working in the neighborhood for decades. Motion: 1. Approve. Conceptual plans for Delhi Park Expansion and Delhi Recreation & Community Center Direct the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreement. OPERATION OF DELHI RECREATION AND COMMUNITY CENTER - With Delhi Center - Recreation and Community Services Agency AGMT 95-031 3. Direct. Release of Request for Proposals to retain a consultant for the preparation of design development plans on Delhi Park Expansion and Delhi Recreation & Community Center CITY COUNCIL MINUTES 153 JUNE 5, 1995 BUSINESS CALENDAR MOTION: Moreno VOTE: AYES: NOES: ABSENT: None ABSTAINED: Pulido SECOND: Lutz Espinoza, Lutz, McGuigan, Mills, Moreno, Richardson None ORDINANCES/FIRST READING 50.A GARAGE SALE REGULATIONS - INCLEMENT WEATHER Motion: Place ordinance on first reading and authorize publication of title. ORDINANCE NS-2252 - An ordinance of the City of Santa Ana amending Section 41-193 o£the Santa Ana Municipal Code to allow for additional weekends for garage sales in the event of inclement weather - Planning and Building Agency MOTION: McGuigan VOTE: AYES: NOES: ABSENT: None SECOND: Richardson Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None FILE BK RESOLUTIONS 55.A APPROPRIATION LIMIT OF THE CITY OF SANTA ANA FOR FY 95-96 Motion: Adopt resolution. RESOLUTION 95-017 - A resolution of the City Council of the City of Santa Ana establishing the appropriations limit of the City of Santa Ana for Fiscal Year 1995- 96 - Finance and Management Services AB SENT: CITY COUNCIL MINUTES MOTION: McGuigan VOTE: AYES: NOES: None: SECOND: Richardson Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None FILE BK 154 JUNE 5, 1995 RECESSED - 7:32 P.M. RECONVENED - COUNCIL CHAMBERS - 7:58 P.M. - All Councilmembers present PUBLIC HEARINGS 75.A CUP 95-002 - DRIVE-THRU WINDOW - 2300 S. MAIN - MCDONALD'S CUP 95-002 to allow a drive-thru window in conjunction with a fast food establishment in the General Commercial (C-2) zoning district Recommended for approval by the Planning Commission on April 10, 1995 by a 6/0 vote with Doughty absent Legal Notice mailed on May 9,1995 The Mayor opened the public heating regarding Conditional Use Permit 95-002 at 7:59 p.m. Presentation of staff report and staff comments by Planning and Building Agency Planning Manager Ken Adams Presentation of written communications by Assistant Clerk of the Council William Z. Navaja: None The following individuals spoke on the matter. Howard Bums, representing McDonald's Corporate Office, spoke in support of the item and expressed concern regarding periodic reviews on operating hours conditioned by staff Marjorie Le Gaye, representing property owners of the project site leased by the applicant, spoke in support of the item and stated that an impending proposal for alley abandonment would create a drainage problem for the applicant. The Mayor closed the public hearing at 8:12 p.m. In response to Councilmember Mills' inquiry, Police Chief Walters clarified that staff review of the project's operating hours would be done only on an as-needed basis. After extensive Council discussion on the alley abandonment and drainage, Mayor Pro Tem Richardson noted that the matter was not on the Agenda and requested staff prepare an analysis of the issues for Council consideration. CITY COUNCIL MINUTES 155 JUNE 5, 1995 PUBLIC HEARINGS Direct the City Attorney to prepare a resolution approv#~g CUP 95-002 as conditioned by staff and adopt the findings as submitted by staff. MOTION: Mills VOTE: AYES: NOES: ABSENT: None SECOND: McGuigan Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None FILE CLIP Mayor Pulido congratulated the applicant on the project's approval and indicated City Manager David Ream would be working on the alley issue raised during the public hearing. 75 B. FY 95-96 CITY BUDGET AND ANNUAL FEES Public hearing to consider the City's Fiscal Year 95-96 Budget and related matters Legal Notice published in the Register on May 26 and June 2, 1995 The Mayor opened the public hearing regarding the FY 95-96 City Budget and Annual Fees at 8:32 p.m. Mark Rosen, representing the Santa Ana Police Towing Association, requested a continuance of the following item to enable the Association to meet with staff and discuss Association concerns regarding the ordinance's franchise and fee proposals. 75.B.7. ROTATIONAL TOW FRANCHISE ORDINANCE (Taken out of Agenda order) Motion: Continue consideration of item to June 19, 1995. ORDINANCE NS-2255 - An ordinance of the City of Santa Ana amending the Santa Ana Municipal Code by adding an article entitled Vehicle Towing and Recovery Services to Chapter 15 of the Santa Ana Municipal Code - Police Department MOTION: Moreno VOTE: AYES: NOES: ABSENT: None ABSTAINED: Pulido FILE BK SECOND: Richardson Espinoza, Lutz, McGuigan, Mills, Moreno, Richardson None CITY COUNCIL MINUTES 156 JUNE 5, 1995 PUBLIC HEARINGS Presentation of staff report and staff comments by Executive Assistant to the City Manager Francisco Gutierrez and Finance and Management Services Budget Officer Gina Schuchard Presentation of written communications by Assistant Clerk of the Council William Z. Navaja: None The following persons spoke regarding the FY 95-96 Budget and Annual Fees: Kathi Jo Brunning, the City's representative to the Santiago Library System Advisory Board, spoke on the proposed Non-Resident Library Card Fee (under Miscellaneous Fees) and stated she wanted the Council to understand that a vote for this Fee would require the City to withdraw from the Santiago Library System Advisory Board. Florence Leach spoke on the budget's proposed fee and rate adjustments on various City services and Measure R, an initiative to increase the sales tax by a half cent in the wake of the Orange County bankruptcy. The Mayor closed the public hearing at 8:57 p.m. 75.B. 1. 1995-96 BUDGET Motion: 1. Place ordinance on first reading and authorize publication of title. ORDINANCE NS-2253 - An ordinance of the City of Santa Ana appropriating monies to the several offices, agencies and departments of the City for Fiscal Year commencing July 1, 1995 - Finance and Management Services FILE BDGT 75.B.2 DRAINAGE AREA FEES 2. Place ordinance on first on first reading and authorize publication of title. ORDINANCE NS-2254 - An ordinance of the City of Santa Ana amending Section 34-191, 34-193 and 34-194 of the Santa Ana Municipal Code repealing Section 34- 195, pertaining to drainage area fees- Public Works Agency FILE BK 3. Adopt resolution. RESOLUTION 95-019 - A resolution of the City Council of the City of Santa Ana setting drainage area fees - Public Works Agency FILE BK CITY COUNCIL MINUTES 157 JUNE 5, 1995 PUBLIC HEARINGS 75.B.3. 75.B.4. 75.B.5. 75.B.6. 75.B.7. 75.B.8. REFUSE COLLECTION 4. Adopt resolution. RESOLUTION 95- 020 - A resolution of the City Council of the City of Santa Ana to revise the City's curbside refuse collection rate effective July 1, 1995 - Public Works Agency (Councilmember Moreno voted "NO".) SEWER CONNECTION FEES 5. Adopt resolution. FILE BK RESOLUTION 95-021 - A resolution of the City Council of the City of Santa Ana establishing sewer connection fees - Public Works Agency FILE BK MISCELLANEOUS FEES 6. Adopt resolution. RESOLUTION 95-022 - A resolution of the City Council of the City of Santa Ana establishing a Uniform Schedule of Fees and repealing Resolution Number 94-036 - Finance and Management Services FILE BK WATER RATES 7. Adopt resolution. RESOLUTION 95-023 - A resolution of the City Council of the City of Santa Ana revising the water rates of the City of Santa Ana- Public Works Agency FILE BK ROTATIONAL TOW FRANCHISE (See Minutes page 156.) REFUSE FRANCHISE FEE 9. Authorize the City Attorney to prepare and the Mayor and Clerk to execute agreement. REVISING REFUSE FRANCHISE FEE FROM 5 TO 6 PERCENT - With Great Western Reclamation - Public Works Agency AGMT 95-032 CITY COUNCIL MINUTES 158 JUNE 5, 1995 PUBLIC HEARINGS MOTION: Mills SECOND: Lutz VOTE: AYES: NOES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None ABSENT: None Mayor Pro Tem Richardson responded to Brunning's concern on the proposed non-resident Library Card Fee, explaining the Council was aware of the proposal's various ramifications, and expressed the Council's support of the item. Mayor Pulido noted the City faced a very difficult budget process in light of the Orange County bankruptcy and commended City Manager Ream and stafffor doing an excellent job on the budget preparation and presentation. RECESSED TO HOUSING AUTHORITY - 8:54 P.M. RECONVENED - COUNCIL CHAMBERS - 8:56 P.M. - All Councilmembers present COMMENTS 90.A. PUBLIC COMMENTS Sean Mill praised Mayor Pulido's conference style in running the Council meetings, thanked Mayor Pro Tem Richardson and Councilmember McGuigan for their personal responses to his recent requests for assistance, and urged the Council to take a position on Measure R. Joe Buscaino presented a report on alleged unlawful towing activities and requested a meeting with a Councilmember and Police Chief Paul Walters to discuss bis findings. On Mayor Pulido's request, Councilmember Espinoza agreed to meet with Buscaino and Walters. 90.B. CITY COUNCIL COMMENTS Councilmember Espinoza complimented the Police Department for its successful Bristol anti- cruising enforcement program, expressed the residents' satisfaction with the program, and thanked the City Council and the City Manager for their continued support of anti-cruising. Espinoza also reported on his attendance of the inauguration of a STOP sign requested by the Cad Harvey Elementary School staffto enhance traffic safety. CITY COUNCIL MINUTES 159 JUNE 5, 1995 Councilmember Lutz commended Mayor Pulido for initiating the "Exceptional Citizen Award" to recognize individuals such as Diann Marsh (see Minutes page 142) for outstanding contributions to the community. Lutz also announced that the 2nd Annual French Park Jazz Festival was scheduled for Saturday, June 17, 1995 from 10:30 a.m. to 6:00 p.m. Councilmember Mills requested staff to improve aesthetic standards for cellular monopoles (see Agenda item 31 .A on Minutes page 151) for inclusion in the City Master Plan, and prepare recommendations on the Logan zoning issues for Council consideration in July or August. In response to Mayor Pro Tem Richardson's query, Public Works Agency Executive Director Jim Ross provided an update on the Bike Trail Master Plan and explained the City's role in preparing and implementing the Plan. Richardson suggested staff address residents' concerns regarding the location of bike trail projects. Richardson then asked staff to provide Council with a report on the infrastructure needs of the Logan neighborhood and its surrounding redevelopment areas. Councilmember McGuigan asked Ross to provide her with a staff memo on the construction schedule of the enhanced intersection project at Bristol and Sunflower; reported that Beverly Ravelli, an active civic-minded resident from the Riverview-West neighborhood, was relocating to Arizona and thanked Ravelli for her many contributions to the community; noted that "Keep America Beautiful" volunteers meet on the second Wednesday of each month and encouraged those interested in joining to call her or Claudia Riewaldt at 564-0875. Councilmember Moreno asked staff to respond to a constituent request for a pedestrian crosswalk on 5th Street and Sullivan; suggested that completing curb-gutter-sidewalk improvements ahead of street reconstruction would lower project costs; asked the Youth Task Force to recommend training youth to plant trees under the City's urban forestry program; and requested Police Chief Walters circulate a follow-up memo on the City's 18-month old "loud music" ordinance to guide Police Officers in taking action against loud parties. Mayor Pulido requested City Manager Ream to assist Templo Calvario officials in their efforts to obtain additional parking space for their church; announced the re-opening of the Main Street bridge was scheduled for June 14, 1995 at 9:30 a.m. and the official ground-breaking ceremonies for the Ronald Reagan Federal Courthouse for June 29, 1995. CLOSED SESSION - ROOM 147 - 9:26 P.M. The Brown Act permits the City Council to discuss certain matters without members of the public present, provided the items to be discussed are posted 72 hours prior to the City Council meeting. The following items were received for the June 5, 1995 Closed Session. 95.A CONFERENCE WITH LABOR NEGOTIATOR (G.C. Section 54957.6) Agency Negotiators: Kermit Francis, Swadesh Chopra Employee Organization: SACEA/SEIU Employee Organization: Police Officers Association CITY COUNCIL MINUTES 160 JUNE 5, 1995 95.B. LIABILITY CLAIMS (G.C. Section 54956.95) Claimant: Dung Quang Le Agency Claimed Against: City of Santa Ana Claimant: Gary Sterzer, Police Sgt. III Agency Claimed Against: City of Santa Ana, Workers' Compensation 95~C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (G.C. Section 54956.9) Name of Case: MacArthur Village v. City of Santa Ana, Orange County Superior Court Case NO. 73-58-78 95.D PUBLIC EMPLOYEE APPOINTMENT (G.C. Section 54957) Title: Fire Chief CLOSED SESSION REPORT - COUNCIL CHAMBERS - 10:01 P.M. Motion: 95.B. 95.C. 95.D. Authorize settlements/actions as follows: LIABILITY CLAIMS (G.C. Section 54956.95) Claimant: Dung Quang Le Agency Claimed Against: City of Santa Ana, compromise and release in the amount of $7,750.00. Claimant: Gary Sterzer, Police Sgt. III Agency Claimed Against: City of Santa Ana, Workers' Compensation, stipulation in the amount of $35,742.00. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (G.C. Section 54956.9) Name of Case: MacArthur Village v. City of Santa Ana, Orange County Superior Court Case No. 73-58-78, settlement in the amount of $24,180.07. PUBLIC EMPLOYEE APPOINTMENT (G.C. 54957) Confirmation of the appointment of Marc C. Martin as the City's new Fire Chief. (Replacing Allen R. "Bud" Carter) CITY COUNCIL MINUTES 161 JUNE 5, 1995 MOTION: Moreno VOTE: AYE S: NOES: ABSENT: None SECOND: McGuigan Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None ADJOURNMENT - 10:03 P.M. - In memory of Human Relations Commissioner Vincent Sarmiento's father, Vicente Sarmiento, who unexpectedly passed away. Assistant Clerk of the Council qEITY COUNCIL MINUTES 162 JUNE 5, 1995