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HomeMy WebLinkAbout12-02-1991MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA DECEMBER 2, 1991 CALLED TO ORDER CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA 6:08 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor Pro Tern JOHN ACOSTA DANIEL E. GRISET PATRICIA A. McGUIGAN RICK NORTON ROBERT L. RICHARDSON Absent: DAN YOUNG, Mayor STAFF Present: DAVID N. REAM, City Manager EDWARD J. COOPER, C/ty Attorney JANICE C. GUY, Clerk of the Council Absent: NONE PLEDGE OF ALLEGIANCE PRESENTATIONS Certificates of Recognition presented by COUNCILMEMBER RICHARDSON to the following Santa Aha residents who survived the December 7, 1941 attack on Pearl Harbor: William Anderson United States Navy CrI'Y COUNCIL MINUTES 356 DECEMBER 2, 1991 SPECIAL PRESENTATION Harold Badger United States Navy John Culler (Bradenton, Fl.) United States Navy Dawson Harris United States Marine Corps William Hill United States Navy Charles Kutterer United States Navy Miles Leach United States Marine Corps Merle Murphy United States Navy C. A. Murray United States Marine Corps Charles Popp United States Navy Wilbur Salmon United States Navy John Scott United States Navy Charles Silvey United States Navy Roy Teal United States Navy Informational slide presentation regarding the Discovery Science Center Project presented by Robert W. Howard, Chairman, Campaign Cabinet and Karen Johnson, Executive Director (introduced by COUNCILMEMBER PULIDO) CITY COUNCIL MINUTES 357 DECEMi~ER 2, 1991 CONSENT CALENDAR Mayor Pro Tern Pulido announced removal of the following items from the Consent Calendar for separate action: Motion: 1. Item 1.A. (Minutes of November 18, 1991). 2. Item 4.A. (Change Orders) 3. Item 18.A. (Appeal on Dance Permit - Mr. J's.) Approve staff recommendations on the following Consent Calendar Items. MOTION: McGuigan VOTE: AYES: NOES: ABSENT: Young SECOND: Pulido Acosta, Griset, McGuigan, Norton, Pulido, Richardson None MINUTES Motion: 1.A. Approve Minutes. REGULAR MEETING OF NOVEMBER 18, 1991 - Removed for separate action. (See Minutes page 362.) ADJOURNED REGULAR MEETING OF NOVEMBER 19, 1991 PROJECTS - MAINTENANCE, CONSTRUCTION OR IMPROVEMENT OF PUBLIC FACILITIES Motion: Award in accordance with Request for Council Action. TRAFFIC SIGNAL MODIFICATION - (7) - VARIOUS LOCATIONS - To F.J. Johnson, Inc., in the amount of $224,000.00 with total estimated construction costs of $276,700.00 - Public Works Agency PROJ 1519/1520 MAIN STREET BRIDGE WIDENING AT STATE ROUTE 22 - To Griffith Company in the amount of $740,264.50 with total estimated construction costs of $938,140.00 - Public Works Agency PROJ 2567 TELEMETRY AND CONTROL SYSTEM FOR CITY'S WATER PRODUCTION AND DISTRIBUTION - To JWP Controls, Inc. in the amount of $516,778.00 with total estimated construction costs of $606,228.00 - Public Works Agency PROJ 3147 CITY COUNCIL MINUri~S 358 DECEMBER 2, 1991 CHANGE ORDERS Motion: Removed for separate action. (See Minutes page 363.) 4.A. MAIN STREET SIDEWALKS - Change Orders 4 and 5; increasing in the amount of $12,880.00 - Public Works Agency PROJ 7404 ALCOHOLIC BEVERAGE CONTROL APPLICATIONS Motion: Receive and file. EVERHART CORP. - "Randell's" - 3 Hutton Centre Dr., Original, type 47 On-sale general, public eating place Police: No protest Planning: Conditional Use Permit required BUI, Tuong Van - "T2 Market & Liquor Store" - 2002 S. Flower, Person-to- person transfer, type 21 Off-sale general Police: No protest Planning: No action required FILE 405 AGREEMENTS Motion: Authorize City Attorney to prepare and Mayor and Clerk to execute agreements. 12.A. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND BOYLE ENGINEERING CORPORATION - For updating the City's master plan for drainage in an amount not to exceed $118,800.00 - Public Works Agency A-91-146 12.B. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND SOUTHERN CALIFORNIA EDISON - For undergrounding of street lighting system at the new Santa Ana Corporation Yard in the amount of $16,584.56 - Public Works Agency A-91 - 147 12.C. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND W.L. HARTMAN AND ASSOCIATES, INC. - For construction management services for Main Street Bridge Widening at State Route 22 in an amount not to exceed $92,000.00 - Public Works Agency A-91-148 12.D. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND PACIFIC BELL - For installation of telephone cable for underground facilities at the new Santa Aha Corporation Yard in the amount of $15,544.24 - Public Works Agency A-9 I- 149 CITY COUNCIL MINUTES 35~ DECEMBER 2, 12.E. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE CITY OF ORANGE - Amendment to the Joint Powers Agreement for the Transportation System Improvement Authority to change the "host city" provisions from a calendar year to fiscal year basis - City Attorney A-91-150 BOARDS/COMMISSIONS/COMMITTEES 13.A. APPOINTMENTS Motion: Appoint. Fortino Rivera, 1130 S. Van Ness Ave., recommended by COUNCILMEMBER RICHARDSON as the Ward 2 representative to the Board of Recreation and Parks for a partial term expiring November 30, 1994 (Replacing Alvarez) FILE 110.15 Steve N. Oliver, 1408 N. Flower St., recommended by COUNCILMEMBER GRISET as the Ward 5 representative to the Planning Commission for a partial term expiring November 30, 1992 (Replacing Spevacek) FILE 110.15 13.B. Motion: REAPPOINTMENTS Reappoint. William Boynton, 5314 W. Lucky Way, recommended by COUNCILMEMBER McGUIGAN as the City representative to the Orange County Vector Control District for a term expiring December 31, 1993 FILE 110.15 UNINVESTIGATED LIABILITY CLAIMS Motion: Refer to administration for processing. 14.A. CLAIMS RECEIVED FROM NOVEMBER 9, 1991 TO NOVEMBER 22, 1991 - Clerk of the Council FILE 415 CLERK OF THE COUNCIL POSTING REPORT Motion: Instruct Clerk to enter notice of posting into the Minutes. 15.A. The November 18, 1991 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 8:30 a.m. on November 14, 1991. crrY COUNCIL MINUTES 360 DECEMBI~ 2, L~I 15.B. 15.C. 15.D. 15.E. The November 19, 1991 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 11:30 a.m. on November 15, 1991. The Notice of Adjournment for the November 18, 1991 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 9:35 p.m. on November 18, 1991. The Notice of Adjournment for the November 19, 1991 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at p.m. on November 19, 1991. The November 26, 1991 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 5:50 p.m. on November 22, 1991. REPORTS Motion: 16.A. 16.B. 16.C. Receive and file report. PROPERTY INSURANCE RENEWAL REPORT - Personnel Services FILE 435.22 MONTHLY REPORT OF INVESTMENTS AS OF OCTOBER 31, 1991 - Finance and Management Services FILE 310.25 ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 1991 - Finance and Management Services FILE 310.25 HEARINGS AND RELATED MATTERS 18.A. APPEAL - DANCE PERMIT DENIAL - MR. J'S - Removed for separate action. (See Minutes page 363.) CITY COUIqCIL MINUTES 361 DECEMBER 2, 1991 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. Ifa Councilmember was absent at the previous meeting, but is present for this meeting and does not declare otherwise, his/her vote is recorded as affirmative. Absences at this meeting are recorded as such. 21.A. PARKING OF VEHICLES FOR SALE ON PUBLIC OR PRIVATE PROPERTY (Placed on first reading on November 18, 1991, by 7/0 vote.) Ordinance published in the O.C. Reporter on November 22, 1991 Motion: Place ordinance on second reading and adopt. ORDINANCE NS-2152 - An ordinance of the City of Santa Ana amending Section 1-20 of the Santa Ana Municipal Code to correct a code section reference - City Attorney FILE 1030 *** END OF CONSENT CALENDAR*** BUSINESS SESSION MINUTES Roy Littlejohn, 2314 N. Alona, was reassured by Mayor Pro Tem Pulido that approval of the Minutes did not constitute approval of the Northwest Traffic Plan. (Minutes page 346.) Motion: Approve Minutes. 1.A. REGULAR MEETING OF NOVEMBER 18, 1991 MOTION: McGuigan VOTE: AYES: NOES: ABSENT: Young SECOND: Richardson Acosta, Griset, McGuigan, Norton, Pulido, Richardson None CiTY COUNCIL MINU'I'I~ ~ DECEMBER 2, 1991 CHANGE ORDERS In response to Councilmember Norton's inquiry, the City Attorney explained that approval of Change Orders 4 and 5 for Project 7404 did not constitute a violation of the City's Charter. Motion: Approve. 4.A. MAIN STREET SIDEWALKS - Change Orders 4 and 5; increasing in the amount of $12,880.00 - Public Works Agency PROJ 7404 MOTION: McGuigan VOTE: AYES: NOES: ABSENT: Young SECOND: Richardson Griset, McGuigan, Pulido, Richardson Acosta, Norton PROJ 7404 HEARINGS AND RELATED MATTERS In response to Councilmember Richardson's inquiry, the Police Chief reviewed the statistics regarding Police Department calls to Mr. J's and indicated that the Police Department's original recommendation had been to disallow after-hours dancing at Mr. J's. Councilmember Richardson pointed out that the previous Council had ignored the advice of professional staff and urged that in the future such advice be followed. 18.A. APPEAL - DANCE PERMIT DENIAL - MR. J'S Motion: 1. Authorize the Clerk of the Council to appoint a hearing officer and to fix the time and place for hearing. Appeal regarding denial of dance permit for Mr. J's Restaurant at 2101 E. Edinger 2. Authorize. Payment of said hearing officer - Clerk of the Council MOTION: Richardson VOTE: AYES: NOES: ABSENT: Young SECOND: McGuigan Acosta, Griset, McGuigan, Norton, Pulido, Richardson None FILE 135.05 CITY COUNCIL MINUTES 3~3 DECEMBER 2, 1991 RESOLUTIONS 35.A. DESTRUCTION OF RECORDS - FIRE DEPARTMENT Motion: Adopt resolution. RESOLUTION 91-110 - A resolution of the City Council of the City of Santa Aha approving the destruction of certain records in the Fire Department - Fire Department MOTION: McGuigan VOTE: AYES: NOES: ABSENT: Young SECOND: Griset Acosta, Griset, McGuigan, Norton, Pulido, Richardson None FILE 710 35.B. Motion: APPLICATION - LAND AND WATER CONSERVATION FUNDS - SANTA ANA ZOO IMPROVEMENTS Adopt resolution. RESOLUTION 91-111 - A resolution of the City Council of the City of Santa Ana approving the application for Land and Water Conservation Funds for Santa Ana Zoo Improvements - Recreation and Community Services Agency MOTION: Griset VOTE: AYES: NOES: ABSENT: Young SECOND: McGuigan Acosta, Griset, McGuigan, Norton, Pulido, Richardson None FILE 925 35.C. Motion: ENVIRONMENTAL AND TRANSPORTATION ADVISORY COMMITTEE Adopt resolution. RESOLUTION 91-112 - A resolution of the City Council of the City of Santa Ana renaming the Transportation Advisory Committee as the Environmental and Transportation Advisory Committee and expanding its authority to include environmental issues as well as transportation issues - Public Works Agency MOTION: Griset SECOND: Richardson CITY COUNCIL MINUTES ~4 DECEMBER 2, 1991 VOTE: AYES: Acosta, Griset, McGuigan, Norton, Pulido, Richardson NOES: None 35.D. Motion: 35.E. Motion: 35.F. Motion: ABSENT: Young FILE 110.15 APPLICATION - ROSITA PARK IMPROVEMENTS Adopt resolution. RESOLUTION 91-113 - A resolution of the City Council of the City of Santa Ana amending Resolution No. 88-75 to approve a grant application for Rosita Park Improvements - Recreation and Community Services Agency MOTION: McGuigan VOTE: AYES: NOES: ABSENT: Young SECOND: Acosta Acosta, Griset, McGuigan, Norton, Pulido, Richardson None FILE 915 SURVEY AREA - EDUCATIONAL FACILITIES IMPROVEMENT PROJECT Adopt resolution. RESOLUTION 91-114 - A resolution of the City Council of the City of Santa Ana designating Development Survey Area No. 7 for study purposes - Community Development Agency MOTION: Richardson SECOND: Acosta VOTE: AYES: Acosta, Griset, McGuigan, Norton, Pulido, Richardson NOES: None ABSENT: Young FILE 600 MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF SANTA ANA Adopt resolution. RESOLUTION 91-115- A resolution of the City Council of the City of Santa Ana approving an agreement for maintenance of state highways in the City of Santa Ana- Public Works Agency A-91-151 CITY COUNCIL MINDTES 365 DECEMBER 2, 1991 MOTION: McGuigan VOTE: AYES: NOES: ABSENT: Young SECOND: Richardson Acosta, Griset, McGuigan, Norton, Pulido, Richardson None RECESSED - 7:06 P.M. RECONVENED - 7:25 P.M. - All Councilmembers present except Mayor Young. COUNCIL AGENDA ITEMS 85.A. FLORAL PARK NEIGHBORHOOD TRAFFIC PROTECTION PLAN (ACOSTA) The following persons expressed support for Council's approval of the proposed schedule of actions for the Floral Park Neighborhood Traffic Protection Plan: Julie Humphreys, 2114 Ross St. Robert Ricker, 1815 N. Flower Steve Luko, 2128 N. Ross St. William Druitt, 516 W. Santa Clara Paul Lenaburg, 2453 Riverside Drive The following persons requested the City Council not approve the proposed schedule of actions regarding the Floral Park Neighborhood Traffic Protection Plan: Tom Stewart, 1322 W. 21st St. Richard Moser, 1923 W. 17th St. Kathie Jo Brunning, 2414 N. Spruce John Raya, 415 W. 19th St. Andra Villa-Borowitz, 2305 N. Flower St. (Strongly opposed Plan) Councilmembers discussed various aspects of the Plan and other traffic issues at length. Motion: Direct staff to assist the neighborhood in implementing the proposed schedule of actions for the Floral Park Traffic Protection Plan subject to the following: I. City staff is to conduct balloting or survey activities. 2. A separate survey will be conducted for residents west of Bristol Street. 3. Surveys will measure each traffic element in each of the four sub-areas in the Northwest Neighborhood. CITY COUNCIL MINDTES 366 DECEMBER 2, 1~91 4. City Staff will participate in all scheduled meetings and will conduct any meeting if requested to do so. 5. A separate meeting will be scheduled to discuss traffic problems in the area west of Bristol Street. MOTION: Richardson SECOND: Acosta VOTE: AYES: Acosta, Griset, McGuigan, Norton, Pulido, Richardson NOES: None ABSENT: Young FILE 1030 RECESSED - ROOM 147 - 8:49 P.M. RECONVENED AND RECESSED TO HOUSING AUTHORITY - COUNCIL CHAMBERS - 9:01 P.M. RECONVENED - COUNCIL CHAMBERS - 9:02 P.M. - All Councilmembers present except Mayor Young. COMMENTS 90.A. PUBLIC COMMENTS Tom Stewart, 1322 W. 21st Street, stated for the record that the following individuals had additional comments concerning the Floral Park Traffic Protection Plan: Jeff Borowitz, 2305 N. Flower Larry Nemelko, 2317 N. Towner Suszan Ales, 2138 N. Candace Richard Moser, 1923 W. 17th Street Kathi Jo Brunning, 2414 N. Spruce Andra Villa-Borowitz, 2305 N. Flower Mary Moore, 2309 N. Flower John Raya, 415 W. 19th Street John Nellessen 2410 N. Pacific Christine Francis, 2406 N. Pacific Juan Cema, 2326 N. Pacific Doris Cema, 2326 N. Pacific Joan Rambo, 2310 N. Alona Pauline Clark, 1923 N. Greenleaf Miles Leach 2025 W. 10th Street CITY COUNCIL MINlYI'ES 367 DECEMBER 2, 1991 E Florence Leach, 2025 W. 10th Street Louis Anderson, 2114 N. Tamy Lane William Druitt, 516 W. Santa Clara George Firman, 2201 N. Poplar Bruer Nicholson, 2116 N. Ross Roy Littlejohn, 2314 N. Alona Mason Gregg, 1006 W. Santa Clara Judi Anderson, 2114 N. Tamy Lane Marjorie Fluor-Moore, 1920 Heliotrope, expressed the opinion that the City Council had not been sufficiently pro-active in solving traffic problems and that this had led to the current dissension among the Northwest Neighborhood residents. Louis Anderson, 2114 N. Tamy Lane, complained that City staff had not returned his telephone calls concerning the Floral Park Traffic Protection Plan and that Councilmembers were unavailable. John Raya, 415 W. 19th Street, urged the Council to reassess priorities in view of the City's homicide record, the unresolved homeless issue in the Civic Center, and crime in areas around schools. Jeff Borowitz, 2305 N. Flower Street, suggested the City undertake interim measures during the Floral Park Traffic Protection Plan Study to achieve better flow on arterials by synchronizing traffic lights, enforcing stop sign and gridlock laws, and extending the timing signal for east-bound traffic at the intersection of Broadway and Santa Clara Streets. The City Manager reported that the City has been working on such measures, citing as an example the completed modification of signal timing at Broadway and Santa Clara. Larry Nemelko, 2137 N. Towner, thanked the City Council for its efforts to date with the Floral Park Traffic Protection Plan. Florence Leach, 2025 W. Tenth Street, thanked the Council for recognizing Pearl Harbor Survivors and requested the City ask CalTrans to complete the reconstruction of the Bristol- LaVeta overcrossing before closing the Main Street bridge. The City Manager responded that the City had already made such an arrangement with Caitrans. Christine Francis, 2406 N. Pacific, inquired as to the status of environmental review for the Discovery Science Center and expressed concern that the Center would generate additional traffic, particularly on Santa Clara. The City Manager explained that the Discovery Science Center was part of a proposed Museum District which has already been subjected to environmental review. He also reassured Ms. Francis the Center's project design would not adversely impact traffic on Santa Clara. CITY COUNCIL MINO-r~.,~ 368 DECEMBER 2, 1991 Roy Littlejohn, 2314 N. Alona, criticized the traffic plan proposed by the Floral Park Neighborhood as detrimental to the majority of California drivers, requested that impediments to traffic such as neighborhood markers be removed, and suggested that Memory Lane and Flower be opened to traffic. Kathi Jo Brunning, 2414 N. Spruce, suggested the Northwest Neighborhood be surveyed prior to holding neighborhood meetings regarding the Traffic Protection Plan. Miles Leach, 2025 W. Tenth Street, expressed the opinion that neighborhood diverters were a traffic barrier, not an enhancement, and that traffic loads should be more evenly distributed by opening more streets to improve traffic flow. Jay Wasserman, 2139 Barkley Court, expressed concern that the "gun buy-back" plan proposed by Councilmember Griset at a previous Council meeting conflicted with the City's program of selling confiscated firearms and suggested that any monies for gun buy-back be spent on law enforcement. T. J. Johnston, 862 Granite Circle, Anaheim, showed Councilmembers a number of informational materials on firearms safety published by the National Rifle Association. 90.C. CITY COUNCIL COMMENTS Councilmember Norton requested staff provide him with a copy of the contract and change order detail for Project 7404 and an explanation from the City Attorney regarding the Charter limitations to contract changes. He also apologized to Julie Humphreys for any misunderstanding which might have occurred concerning his recommendation to assign responsibility for the Floral Park Traffic Study to the City, explaining his intent was to eliminate suspicion of wrong doing between the various factions of the neighborhood by assigning the task to a neutral body. In response to Councilmember Acosta, the City Manager indicated he would provide information as to when the crossing light recently installed by the County on Civic Center Drive would be operational. Councilmember McGuigan urged the listening audience to attend the "Times Holiday Christmas Parade" scheduled for 10:30 a.m. on December 7, 1991 traversing Broadway and Main Streets, and called for volunteers to assist in decorating the floats for the Parade. She also noted she would be absent at the next Council meeting due to her attendance at the National I~ague of Cities Conference, wished one and all a "Happy Holiday," and urged everyone to drive safely. Councilmember Richardson suggested residents put out their flags on Saturday, December 7, 1991 in celebration of the Pearl Harbor commemoration and noted that Comcast Cable Corporation had not responded to his month-old request for information regarding the impact of unscrambled cable signals on air traffic safety. CITY COUNCIL MINUTES 369 DECEMBER 2, 1991 Mayor Pro Tem Pulido requested that staff provide him with an update on the City's Graffiti Program. RECESS TO CLOSED SESSION - ROOM 147 - 10:07 P.M. The Clerk of the Council announced the City Council was recessing to Closed Session pursuant to: Government Code Section 54956.9(a) to confer with the City Attorney regarding pending litigation which had been initiated formally to which the City was a party, to wit: Rico et al vs. City of Santa Ana City of Santa Ana vs. Day's Inn et al RECONVENED - COUNCIL CHAMBERS - 10:17 P.M. - All Councilmembers present except Mayor Young. 70.A. Motion: CLOSED SESSION REPORT Authorize settlement as follows: 1. Acceptance of $10,000.00 from GFI as settlement in part of City of Santa Ana vs. Day's Inn et al. MOTION: Richardson VOTE: AYES: NOES: ABSENT: Young SECOND: McGuigan Acosta, Griset, McGuigan, Norton, Pulido, Richardson None ADJOURNMENT - 10:18 P.M. ~-~' -Guy ~' ~ Janice C. Clerk of the Council CITY COUNC2L WI]N'UTF..S 370 DECEMBFAi 2, {991