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HomeMy WebLinkAbout2006-04-03MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SANTA ANA, CALIFORNIA CALLED TO ORDER ATTENDANCE: INVOCATION EMPLOYEE SERVICE AWARDS APRIL 3, 2006 COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTAANA, CALIFORNIA 6:07 P.M. Councilmembers present: MIGUEL PULIDO, Mayor LISA BIST, Mayor Pro Tern CLAUDIAALVAREZ CARLOS BUSTAMANTE ALBERTACHRISTY MIKE GARCIA JOSE SOLORIO (6:52 p.m) STAFF Present: DAVID N. REAM, City Manager, JOSEPH W. FLETCHER, City Attorney PATRICIA E. HEALY. Clerk of the Council Roger Aragon, Police Chaplain MAYOR PULIDO 20 YEARS OF SERVICE Maria Blanquet -Lopez Sr. Accounting Assistant, Finance & Management Services Victor M. Madrigal Community Preservation Inspector, Planning & Building Marilyn N. Palacol Accountant II, Finance & Management Services PRESENTATIONS Proclamation presented by MAYOR PULIDO proclaiming April as Donate Life Month Certificates of Recognition presented by MAYOR PULIDO to library story contest winners Elizabeth Arriaga and Nelson Flores Certificates of Recognition presented by COUNCILMEMER CHRISTY to Luis Ramos and Ronny Rios for their victory in boxing tournaments CITY COUNCIL MINUTES 93 APRIL 3, 2006 CONSENT CALENDAR OATHS OF OFFICE Administered by the Clerk of the Council to Robert MacLeod, Personnel Board and Liliana Palacios, Youth Commission Mayor Pulido announced the following modifications to the Consent Calendar: • Item 11.A. pulled for separate discussion (Speaker Card) • Items W.A. and 17.B. were removed from the Agenda • Mayor Pulido abstained on item 17.C. • Councilmember Alvarez pulled item 25.E. for separate discussion Motion: Approve staff recommendations on the following Consent Calendar Items. MOTION: Bist SECOND: Garcia VOTE: AYES: Alvarez, Bustamante, Pulido, Bist, Christy, Garcia (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Solorio (1) Items removed for separate action or modified are highlighted. Separate actions show the actual vote. items without votes are adopted as part of the consent motion. ADMINISTRATIVE MATTERS MINUTES Motion: Approve minutes. (Item 10.A. - 10.B.) 10.A. ADJOURNED REGULAR MEETING OF MARCH 20, 2006 10.B. REGULAR MEETING OF MARCH 20, 2006 ORDINANCES 11.A. ORDINANCE RELATED TO THE DEPICTION ON THE CITY SEAL CITY COUNCIL MINUTES 94 APRIL 3, 2006 CONSENT CALENDAR Julie Stroud asked the Council to continue this item so that the members of ComLink could review the matter at its next meeting. The City Attorney explained the difference between the City Seal and the City's new logo which was approved by resolution at the last Council meeting. Mayor Pro Tern Bist agreed to explain the new logo and mottos at the next meeting of ComLink. Motion: Place ordinance on second reading and adopt. ORDINANCE NS -2708 — Amending Section 2 -200 of the Santa Ana Municipal Code Related to the Depiction on The City Seal MOTION: Alvarez SECOND: Bist VOTE: AYES: Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Solorio (1) 13.A. VACANCY REPORT — MARCH 29, 2006 Motion: The Vacancy Report reflects only appointments made by the Council. BOARD /COMMISSION VACANCIES WARD Community Redevelopment / 2 Sr. Tenant & Housing Commission Tenant Environmental & Transportation 2 Santa Ana Committee Chamber & 5 Human Relations Commission 1 5 Youth Commission — Alternate 2 2, & 6 TOTAL 7 BOARD /COMMISSION EXPIRED WARD TERMS Community Redevelopment / 1 Mayor Housing Commission Personnel Board 1 Mayor Youth Commission — Alternate 1 3 TOTAL 3 CITY COUNCIL MINUTES 96 APRIL 3, 2006 CONSENT CALENDAR 13.13. APPOINTMENTS Motion: Appoint Samuel Granados to the Community Redevelopment & Housing Commission, as the Tenant representative for a full term. 13.C. APPOINTMENTS Motion: Appoint Osmel D. Motas Sr. to the Community Redevelopment & Housing Commission, as the Sr. Tenant representative for a full term. CLERK OF THE COUNCIL POSTING REPORT The following notices were posted pursuant to the Brown Act and the Maddy Act. Council Agendas and Board and Commission resignations are posted on the door of the Council Chambers at 22 Civic Center Plaza and Committee Agendas on the door of City Hall at 20 Civic Center Plaza. Motion: Instruct Clerk to enter postings into the Minutes. (Items 15.A. through 15.C.) Council Meeting Agendas Meeting Date Posted Time 15.A. City Council Agenda 03/20/06 03/15/06 1:45 p.m. 15.13. Revised City Council 03/20/06 03/17/06 5:00 p.m. 15.C. City Council— Adjourned Regular Meeting Agenda and Ribbon - Cutting Ceremony 16.D. National Latina Business Women Association - 03/20/06 03/17/06 5:00 p.m. MAYORAL PROCLAMATIONS / CERTIFICATES Motion: Declare and instruct clerk to enter proclamations /certificates into the Minutes. (Items 16.A. through 16.G.) Date 3/16/06 3/18/06 3/18/06 3/23/06 3/25/06 3/26/06 3/26/06 CITY COUNCIL MINUTES 96 APRIL 3, 2006 Honoree 16.A. Cole Margery- Recognition for 50 years of philanthropic work 16. B. Coffield Monsignor John V. - 6'h Annual Latino Hero Awardee 16.C. Jafra Cosmetics International -Grand Opening and Ribbon - Cutting Ceremony 16.D. National Latina Business Women Association - Grand Opening and Ribbon - Cutting Ceremony 16.E. Sikh Center of Orange County -'7th Annual Punjabi Heritage: A Musical and Cultural Evening" 16. F. Doby Carrie -96th Birthday Celebration 16.G. NLPOA Scholarship recipients: Francisco Bravo and Sandra Valencia Date 3/16/06 3/18/06 3/18/06 3/23/06 3/25/06 3/26/06 3/26/06 CITY COUNCIL MINUTES 96 APRIL 3, 2006 CONSENT CALENDAR MISCELLANEOUS ADMINISTRATION FINAL MAP NOTIFICATIONS Pursuant to Section 34 -183 of the Santa Ana Municipal Code, the City Engineer has received this Final Map and is in the process of reviewing the map for final approval. The City Engineer shall approve or disapprove this map within 10 days of the City Council Meeting. 17.A. FINAL PARCEL MAP NO. 2002 -248 — 325 WEST PINE STREET Item was removed from agenda. 17.B. FINAL TRACT MAP NO. 16622 — 9 EAST HUTTON CENTRE DRIVE Item was removed from agenda. 17.C. FINAL TRACT MAP NO. 16905 — 2800 N. FARMERS DRIVE Mayor Pulido abstained on this item due to recent receipt of a campaign contribution Motion: Receive and file. 19.A. CLOSED SESSION REPORT— None 19.B. EXCUSED ABSENCES — None BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20.A. APPROPRIATION ADJUSTMENT ACCEPTING THE OFFICE OF TRAFFIC SAFETY GRANT Motion: 1. Adopt a resolution. RESOLUTION NO. 2006 -016 - A Resolution of the City Council of the City of Santa Ana authorizing the City Manager and the Chief of Police to execute a grant award agreement with the California Office of Traffic Safety 2. Approve appropriation adjustment. (Requires five affirmative votes.) CITY COUNCIL MINUTES 97 APRIL 3, 2006 CONSENT CALENDAR APPROPRIATION ADJUSTMENT NO. 06 -110 - Accepting the California Office of Traffic Safety, California Seat Belt Compliance Campaign FY 06 Grant in the amount of $89,618 into the revenue account and appropriate same into the California Seat Belt Compliance Campaign FY 06 overtime expenditure account. 20.B. APPROPRIATION ADJUSTMENT RECOGNIZING RECREATION SPECIAL FEES AND DONATIONS Motion: Approve an appropriation adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. 06 -111 - Recognizing $95,099 in Recreation Special Fees and Donations revenue accounts and appropriate same to the Recreation Special Fees and Donations expenditure accounts. 20.C. APPROPRIATION ADJUSTMENT - FIRE FACILITY FUND (FUND 120) Motion: Approve an appropriation adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. 06 -112 — Approve an Appropriation Adjustment in the amount of $596,665 in the Fire Facility Fund, Improvement Fee revenue account and appropriating the same into the Fire Facility Fund expenditure account 20.D. ALLOCATION OF FY 2006 -2007 AND REALLOCATION OF FY 2003- 2004, FY 2004 -2005 AND FY 2005 -2006 EMERGENCY SHELTER GRANTFUNDS Recommended action approved by the Community Redevelopment and Housing Commission on March 21, 2006 by a vote of 7 -0 Motion: 1. Allocate $304,247 in FY 2006 -2007 Emergency Shelter Grant funds as recommended. 1. Reallocate $411 in FY 2003 -2004, $15,945 in FY 2004 -2005 and $5,000 in FY 2005 -2006 Emergency Shelter Grant funds as recommended. 2. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute agreements with non- profit agencies awarded funds. CITY COUNCIL MINUTES 98 APRIL 3, 2006 CONSENT CALENDAR AGMT NOS. 2006 -058, 059, 060, 061, 062, 063, 064, 065, 066, 067, 068 - Execute agreements with the following non - profit agencies awarded funds: Council of Orange County — Saint Vincent de Paul Friendship Shelter Human Options Laura's House Legal Aid Society Mercy House — Center Mercy House — Joseph /Regina House Orange County Association for Mental Health Southwest Minority Economic Development Association WisePlace Women's Transitional Living Center 20.E. CALHOME REHABILITATION AND REPLACEMENT PROGRAM Motion: 1. Approve an Appropriation Adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 06 -116 - Recognizing $500,000 in CalHome Program funds and appropriating same 2. Adopt the CalHome Rehabilitation and Replacement Program. SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Requests for Council Action. (Items 22.A. through 22.0.) 22.A. SPEC NO. 03 -026 - MISCELLANEOUS AUTOMOTIVE PARTS - Renew the contracts for a one -year period in the following annual amounts not to exceed: Vendor: Location: Amount: Orange County Auto Parts Santa Ana $30,000 Factory Motor Parts Anaheim $15,000 Adamson Industries Costa Mesa $30,000 Power Chevrolet Irvine Irvine $10,000 The Truck Lighthouse Santa Fe Springs $20,000 Truck & Auto Supply Inc. Anaheim $10,000 d /b /a TrucParCo CITY COUNCIL MINUTES 99 APRIL 3, 2006 CONSENT CALENDAR 22.13. SPEC. NO. 03 -105 - PRINTER MAINTENANCE - Renew the contract with Varitek, Inc. for a one -year period in the annual amount not to exceed $20,000 - Finance and Management Services Agency 22.C. SPEC. NO. 04 -023 - LAMPS, BALLASTS, AND ACCESSORIES - Renew the contracts for a one -year period in the following annual amounts not to exceed: Vendor: Location: Amount: West -Lite Supply Co. Cerritos $18,878 Rayvern Lighting Supply Paramount $15,090 AAA Electrical Supply, Inc Montebello $10,153 One Source Distributors Irvine $ 5,153 I. E.S.11.L.S. Santa Ana $ 5,126 22.D. SPEC. NO. 04 -039 - PLASTIC TRASH CAN LINERS - Renew the contract with S &G Diversified Products, formerly Spectrum Packing for a 12 -month period in an annual amount not to exceed $38,000 — Finance and Management Services Agency 22.E. SPEC. NO. 04 -043 - TRAFFIC FLARES, DRUG TEST KITS, AND MISCELLANEOUS POLICE SUPPLIES - POLICE DEPARTMENT - Renew the contract with Adamson Police Products under the Cooperative Purchase Provision of the County of Orange, for a one -year period in an amount to not exceed $15,541; and increase the aggregate limit for drug test kits and miscellaneous police supplies for a one -year period in the amount not to exceed $25,000 - Finance and Management Services Agency 22.F. SPEC NO. 05 -033 - RECREATION PROGRAM BROCHURE - Renew the contract with Rodgers & McDonald Publishers, Inc. for a one -year period in the annual amount not to exceed $23,000 - Finance and Management Services Agency 22.G. SPEC. NO. 06 -003 - FIREARMS — POLICE DEPARTMENT - Award a contract to LC Action Police Supply in the amount of $11,261.03 — Finance and Management Services Agency 22.H. SPEC. NO. 06 -018 - NETMOTION WIRELESS SOFTWARE MAINTENANCE SUPPORT - Award a contact to CDCE, Incorporated for a 3 -year period in an amount not to exceed $31,500 - Finance and Management Services Agency 22.1. SPEC. NO. 06 -022 - TRUCK MOUNTED ARTICULATING CRANE - Award a contract to the Morgan Company in the amount of $43,141.20 and increase the aggregate limit in an amount not to exceed $20,000 annually - Finance and Management Services Agency CITY COUNCIL MINUTES 100 APRIL 3, 2006 CONSENT CALENDAR 22.J. SPEC. NO. 06 -023 - FLAT BED TRUCK - Award a contract to West Covina Motors, Inc. in the amount of $43,958.77 - Finance and Management Services Agency 22. K. SPEC. NOS. 06 -031, 06 -026, 06 -030 AND AGREEMENT AMENDMENT - COUNCIL CHAMBERS AND CONTROL ROOM UPGRADES — PARKS, RECREATION & COMMUNITY SERVICES AGENCY Motion: 1. Award contracts to VMI, Inc. and TV Magic, Inc. for video production equipment in a total aggregate amount not to exceed $190,000 2. Award a contract to Troxell Communications for language translation equipment in the amount not to exceed $15,000 3. Award a contract to California Stage & Lighting, Inc. for Council Chambers lighting improvements in the amount not to exceed $20,000 4. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement. AGMT NO. 2006 -069 - With Adelphia Cablevision of Santa Ana to install fiber optic run to City Hall, in an amount not to exceed $21,180 - Parks, Recreation & Community Services Agency 22. L. SPEC. NO. 06 -033 - FIRE HOSE — FIRE DEPARTMENT - Award a contract to L. N. Curtis & Sons for a one -year period in the annual amount not to exceed $30,000 - Finance and Management Services Agency 22.M. SPEC. NO. 06 -049 - MISCELLANEOUS SUPPLIES - Award a contract to Grainger based upon the Western State's Contracting Alliance (WSCA) contract for a two -year period with provision for three one -year renewals, in the annual amount not to exceed $30,000 - Finance and Management Services Agency 22.N. SPEC. NO. 06 -050 - FIRING RANGE UPGRADE AND MAINTENANCE — POLICE DEPARTMENT - Award a contract to Meggitt Defense Systems (MDS) Caswell in the amount of $44,500 - Finance and Management Services Agency 22.0. SPEC. NO. 97 -015 - BLOOD AND BREATH TECHNICIAN SERVICES — POLICE DEPARTMENT - Renew the contract with California Forensic Phlebotomy, Inc. for a one -year period in an annual amount not to exceed $75,000 - Finance and Management Services Agency CITY COUNCIL MINUTES 101 APRIL 3, 2006 CONSENT CALENDAR PROJECTS 23.A. CONTRACT AWARD FOR LIGHTING IMPROVEMENTS ON BRISTOL STREET / LA VETA AVENUE BRIDGE OVER THE 1 -5 FREEWAY (PROJECT NO. 2609) Motion: 1. Award a contract to Moore Electrical Contracting, Inc., the lowest responsible bidder, in accordance with a lump sum price in the amount of $223,121 for construction of lighting improvements. 2. Approve a Funding Analysis with a total estimated construction cost of $279,000. 3. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement. AGMT NO. 2006 -070 - Execute a cooperative agreement with the City of Orange for Construction and Maintenance of lighting improvements. 23.B. CONTRACT AWARD FOR CIVIC CENTER DRIVE SANITARY SEWER IMPROVEMENTS (PROJECT NO. 06 -3511) Motion: 1. Award a contract to Dominguez Engineering General Contractor, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $775,625. 2. Approve a Funding Analysis with a total estimated construction cost of $969,900. Motion: Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements. (Items 25.A. through 25A.) 25.A. AGMT NO. 2006 -071 - REFUSE COLLECTION AND RECYCLING SOLID WASTE — Execute an amended agreement with Waste Management, Inc. — Public Works Agency Continued from the March 20, 2006 City Council Meeting by a vote of 5 -1 vote (Alvarez, No; Bustamante absent) 25.B. AGMT NOS. 2006 -072 & 2006 -073 - 2005 & 2006 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANTS CITY COUNCIL MINUTES 102 APRIL 3, 2006 CONSENT CALENDAR Motion: 1. Authorize the City Manager, Chief of Police, and the Clerk of the Council to execute an agreement with the County of Orange, Sheriffs Department to transfer funds for the 2005 Edward Byrne Memorial Justice Assistance Grant Program. 2. Authorize the City Manager, Chief of Police and the Clerk of the Council to execute a memorandum of understanding with the County of Orange, Sheriffs Department to submit a joint application for the 2006 Edward Byrne Memorial Justice Assistance Grant. 25.C. AGMT NO. 2006 -074 - JANITORIAL SERVICES - Renew the agreement with Able Building Maintenance Company, in an amount not to exceed $400,000 — Police Department 25.D. AGMT NO. 2006 -075 - CONSULTING SERVICES - Execute an amendment to the agreement with Large Screen Displays in an additional amount of $8,500, for a total aggregate amount not to exceed $15,000 — Police Department 25.E. CONSTRUCTION AND DEMOLITION DEBRIS Execute amendments to the following agreements, extending them through June 2018: Councilmember Alvarez asked that the questions be divided so that she could vote separately on each contract 1. AGMT NO. 2006 -076 — Execute an amendment to the current agreement with Waste Management for the collection and recycling of construction and demolition debris - Public Works Agency MOTION: Alvarez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Garcia Alvarez, Bustamante, Pulido, Bist, Christy, Garcia (6) None (0) None (0) Solorio (1) 2. AGMT NO. 2006 -077 - Execute an amendment to the current agreement with Ware Disposal for the collection and recycling of construction and demolition debris - Public Works Agency CITY COUNCIL MINUTES 103 APRIL 3, 2006 CONSENT CALENDAR MOTION: Garcia SECOND: Christy VOTE: AYES: Bustamante, Pulido, Bist, Christy, Garcia (5) NOES: Alvarez (1) ABSTAIN: None (0) ABSENT: Solorio (1) 3. AGMT NO. 2006 -078 - Execute an amendment to the agreement with Madison Materials for sorting, processing, and recycling of construction debris - Public Works Agency MOTION: Bustamante SECOND: Garcia VOTE: AYES: Bustamante, Pulido, Bist, Christy, Garcia (5) NOES: Alvarez (1) ABSTAIN: None (0) ABSENT: Solorio (1) 25.F. AGMT NO. 2006 -079 - VETERINARY SERVICES - Execute an agreement amendment with Dr. Lorrie Boldrick, DBA Quillie Acres, for a period of one year, in an additional amount not to exceed $33,000 for a total aggregate amount not to exceed $68,000 - Parks, Recreation and Community Services Agency 25.G. AGMT NO. 2006 -080 - MOTHER'S DAY CELEBRATION ENTERTAINMENT - Execute an agreement with Ivan Entertainment in an amount not to exceed $16,000 - Parks, Recreation and Community Services Agency 25.1-1. AGMT NO. 2006 -081 - CONSULTING SERVICES - Amend agreement A- 2005 -295 with Management Partners Inc., in an additional amount not to exceed $45,000 for a total aggregate amount not to exceed $74,500 — Fire Department 25.1. AGMT NO. 2006 -082 - CONSULTING SERVICES - Execute an agreement with General Learning Climates, Inc. in an amount not to exceed $15,000 — Public Works Agency 25.J. AGMT NO. 2006 -083 - LEASE OF MODULAR CLASSROOMS - Execute a lease agreement with William Scotsman, Inc., in an amount not to exceed $632,860 — Fire Department * ** END OF CONSENT CALENDAR * ** CITY COUNCIL MINUTES 104 APRIL 3, 2006 55.A. Motion REPORTS 65.A. lM BUSINESS CALENDAR ABSENCE WITH PAY FOR APPROVED CITY EMPLOYEES WHO VOLUNTEER TO STAFF POLLING LOCATIONS ELECTION DAY Adopt a Resolution. RESOLUTION NO. 2006 -017 - A resolution of the City Council of the City of Santa Ana authorizing absence with pay for approved City employees who volunteer to staff polling locations for the County on Election Day MOTION: Bist SECOND: Christy VOTE: AYES: Alvarez, Bustamante, Pulido, Bist, Christy, Garcia (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Solorio (1) 4TH DISTRICT COURT OF APPEAL STATUS REPORT - CITY MANAGER The City Manager provided an update on developments related to the Fourth District Court of Appeal. MEASURE M UPDATE (MAYOR PRO TEM BIST AND ORANGE COUNTY TRANSPORTATION AUTHORITY) The presentation was made by Mayor Pro Tern Bist, Art Leahy, Chief Executive Officer of OCTA, and, Monty Ward, Director of Strategic Affairs of OCTA Councilmember Solorio arrived at the meeting at 6:52 p.m. Mayor Pro Tem Bist explained that she sits on a super committee formed by the Orange County chapter of the League of California Cities and comprised of one elected member from each Orange County city as well as City Manager and Public Works Director from each city. She further explained that this committee is working on a plan for extending Measure M which is scheduled to expire in 2011. This matter will be back before the Council in May or June to take a vote on whether the city will support Measure M on the November, 2006 ballot. CITY COUNCIL MINUTES 105 APRIL 3, 2006 75.A. BUSINESS CALENDAR Art Leahy explained that on April 13, 2006 the Orange Council League of Cities will review the Measure M plan and on April 24 the OCTA will review the plan. The majority of the cities with the majority of population must approve placing the measure on the ballot. The OCTA Board must approve, by a two- thirds vote, placing the measure on the ballot. Mr. Leahy further noted that without renewal of Measure M the OCTA will not be able to go forward with many transportation plans for the County. Lisann Martinez recited sections in the State's vehicle code related to bicycle trails PUBLIC HEARINGS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FISCAL YEAR 2006 -2007 Public hearing closed on March 6, 2006 regarding the proposed Community Development Block Grant (CDBG) Program and Budget for Fiscal Year 2006 -2007 Legal Notice published in the Orange County Register, La Opinion, and Nguoi Viet on February 17, 2006 and Tri- County Bulletin on February 16, 2006 Continued from the March 6, 2006 City Council Meeting by a vote of 5 -0 vote (Pulido and Bist absent) Mayor Pro Tern Bist noted that there were recommendations for cutting major programs and for funding new programs not financed before, and she requested a two week continuance so that these significant changes could be further reviewed Motion: Continue item for two weeks. MOTION: Bist SECOND: Alvarez VOTE: AYES: Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 106 APRIL 3, 2006 PUBLIC HEARINGS 75.6. EMERGENCY ORDINANCE EXTENDING THE TEMPORARY PROHIBITION ON CONSTRUCTION OR ESTABLISHMENT OF HOOKAH PARLORS Motion: Adopt an emergency ordinance. (Six Votes Required) ORDINANCE NO. NS -2709 - An emergency ordinance of the City of Santa Ana extending the temporary prohibition on the construction or establishment of any new hookah parlor No written communication. No public speakers; public hearing closed. MOTION: Bist SECOND: Solorio VOTE: AYES: Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 75.C. CONDEMNATION OF WONG/WENG PROPERTIES LOCATED AT 1300 WEST WALNUT STREET AND 202 SOUTH BRISTOL STREET (PROJECT 1819) To consider acquisition of property to accommodate the Bristol Street Project and acquire a temporary construction easement for properties located at 1300 West Walnut Street and 202 South Bristol Street Legal Notice mailed to property owners on March 14, 2006 Amended Legal Notice mailed to property owners on March 23, 2006 Written communication from Ronald M. Cole of the law offices of Palmieri, Tyler, Wiener, Wilhelm and Waldron LLP. In opposition to the proposed resolution of necessity. No public speakers; public hearing closed. Motion: Adopt a Resolution of Necessity (Five Votes Required). RESOLUTION NO. 2006 -018 - A resolution of the City Council of the City of Santa Ana finding and determining that the public interest, convenience and necessity require the acquisition of certain real property located within the City of Santa Ana located at 1300 West Walnut and 202 S. Bristol Street (APN 007 - 212 -28 & 29) CITY COUNCIL MINUTES 107 APRIL 3, 2006 75.D. Motion PUBLIC HEARINGS MOTION: Bist SECOND: Garcia VOTE: AYES: Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CONDEMNATION OF WONGIWENG PROPERTIES LOCATED AT 218 AND 222 SOUTH BRISTOL STREET (PROJECT 1819) To consider acquisition of property to accommodate the Bristol Street Project and acquire a temporary construction easement for properties located at 218 and 222 South Bristol Street Legal Notice mailed to property owners on March 14, 2006 Amended Legal Notice mailed to property owners on March 23, 2006 Written communication from Ronald M. Cole of the law offices of Palmieri, Tyler, Wiener, Wilhelm and Waldron LLP. In opposition to the proposed resolution of necessity No public speakers; public hearing closed. Adopt a Resolution of Necessity (Five Votes Required) RESOLUTION NO. 2006 -019 — A resolution of the City Council of the City of Santa Ana finding and determining that the public interest, convenience and necessity require the acquisition of certain real property located within the City of Santa Ana located at 218 -222 S. Bristol Street (APN 007 - 212 -26, & 27) MOTION: Bustamante VOTE: AYES: CITY COUNCIL MINUTES SECOND: Solorio Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 108 APRIL 3, 2006 COUNCIL AGENDA ITEMS Pursuant to Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. 85.A. DISCUSSION OF POTENTIAL ORDINANCE /LOCAL REGULATIONS TO PROTECT CHILDREN FROM SEXUAL PREDATORS (ALVAREZ) Councilmember Alvarez discussed the importance of protecting children in the City from sexual predators. She asked the Police Chief to cite statistics related to the number of children residing in Santa Ana that have been reportedly sexually abused in the last three years and also the number of registered sex offenders residing in the City. Additionally the City Attorney conducted preliminary research on Child Safety Zone ordinances that have been adopted in the State and nation. He also went over pending initiative measures and pending state legislation. Motion: Instruct City Attorney to draft an ordinance to be presented to the City Council in 30 days. MOTION: Alvarez SECOND: Bustamante VOTE: AYES: Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY MEETING FOLLOWED BY THE HOUSING AUTHORITY MEETING AT 7:42 P.M. COUNCIL RECONVENED AT 7:46 P.M. WITH SAME MEMBERS PRESENT. WORK STUDY SESSION W.S.A. REVIEW OF PROPOSED CITY CHARTER AMENDMENTS — ADMINISTRATIVE CHANGES (SECTIONS 400, 402, 413, 421, 422 AND 1200) — Clerk of the Council Continued from the March 20, 2006 City Council meeting by a vote of 6 -0 ( Bustamante, absent) The staff presentation was made by Pat Healy, Clerk of the Council and Joe Fletcher, City Attorney. Highlights of the presentation are as follows: CITY COUNCIL MINUTES 109 APRIL 3, 2006 WORK STUDY SESSION • Ad Hoc Committee on Charter review created by the City Council on May 2, 2005 • Ad Hoc Committee reviewed the current Charter • Recommended creation of a Charter Amendment Citizens Task Force • Task Force created by City Council on September 19 2005 comprised of 14 members • Task Force reviewed recommended changes and approved /amended the Ad Hoc Committee's recommendations • Ad Hoc Committee made final recommendation and recommended that ballot measures be placed on November, 2006 ballot • On March 6, 2006, the City Council asked staff to schedule a series of work study sessions to review recommended changes to Charter • Amendments divided into three categories: Administrative, Boards and Commissions, and Council /Mayor terms • Charter Section 400 relates to start of Council terms • Currently terms begin at first regular meeting following certification of election results • Proposal = term of each member begins at 6:00 p.m. on the second Tuesday of December following certification of election results • Council normally convenes special meeting to swear in new members • County certifies election between 20 to 28 days • New date ensures compliance with legal timeline; eliminates confusion • Charter 402 relates to Councilmembers salaries • Current provision sets compensation in the amount of $125 per month; Mayor receives an additional $75 per month • Proposal — each member would receive a monthly salary established by ordinance in an amount up to that established by state Law for General Law cities • Provision effective following 2008 election • State law sets salaries for general law cities of over 250,000 at $1,000 per month • Charter Section 413 related to ordinances • Currently, if ordinance altered after introduction, it is not finally adopted except at a regular meeting, not less than 6 days after alteration • No order for payment of money made at other than regular meeting • Proposal = ordinance may be amended or modified between time of introduction and final passage as long as general scope and original purpose retained • Order for payment of money can be made in declared state of emergency or emergency meeting • Broadens Council discretion to make changes in ordinance language between introduction and adoption • Charter Section 421 contains provisions relative to non - public works and public works contracts and purchases • Section 422 relates to competitive bidding CITY COUNCIL MINUTES 110 APRIL 3, 2006 WORK STUDY SESSION • Proposal — clearer distinction between public works and non public works contracts • Elimination of the specific dollar amount of $10,000 for approval authority for the City Manager • Authority for City Manager to bind City established by ordinance • City Manager to provide council with quarterly reports on contracts • City Council to establish rules and procedures for competitive bidding for non - public works contracts and rules for public works contracts • Ability to utilize alternate project delivery systems • Deletion of playgrounds from the definition of public works projects • Charter Section 1200 relates to municipal elections • Current Charter requires an ordinance for calling a municipal election • Proposal = allows elections to be called by resolution or ordinance • Shortens time by eliminating the need to wait two weeks for second reading Following the presentation, Council discussion ensued. Councilmembers and the Mayor raised several questions about the proposals and asked for additional information including a comparison of the City's charter to that of other large cities in the state. Members noted that they were not prepared to approve the measures without additional information. Motion: Continue matter for two weeks, and instruct staff to provide additional information. W.S.B. MOTION: Bist VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Solorio Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, Solorio (7) None (0) None (0) None (0) UPDATE ON SR -22 LANDSCAPING — Jim Ross, Director of the Public Works Agency Staff presentation by Jim Ross, Executive Director of Public Works, Rick Grebner, Program Manager of OCTA, and David Tatsumi, Tastumi & Associates. Mr Grebner and Mr. Tatsumi updated the Council on the progress of the landscaping project on the SR -22. Alma Ramirez addressed the Council relative to complaints about OCTA buses. CITY COUNCIL MINUTES 111 APRIL 3, 2006 COMMENTS 90.A. PUBLIC COMMENTS Alma Ramirez and James Robert Reade addressed the Council with concerns not generally related to the City; Ms. Ramirez was declared out of order by the Chair after repeated warnings. Lisann Martinez addressed the Council relative to Charter review and stated that she felt the City Manager had too much power Duane Roberts and Naui Huitzilopochtl raised concerns about police activities on May 27,2006 90.13. CITY COUNCIL COMMENTS Councilmember Garcia • Offered condolences to Lorin Griset's family. Mr. Griset, a former Santa Ana Councilman and Mayor passed away. • Announced that on Saturday, April 8, 2006, playground equipment will be installed at Windsor Park; he further noted that the event starts at 8:00 a.m. • Announced that on April 13, 2006, a child obesity forum would be held at California State University, Fullerton from 1:00 P.M. to 3:30 P.M. Councilmember Solorio • Offered condolences to the Griset family • Asked Chief Walters to provide an update on the immigration rallies on March 27, 2006 Councilmember Christy • Thanked the Police Chief for his Department's efforts during the events on March 27, 2006; further thanked the Public Works Department for their quick response to requests for graffiti removal • Noted that the passing of Lorin Griset was a tremendous loss for the City and further noted that the Grisets were a pioneering family in this City. Mayor Pro Tem Bist • Commented that the Main Street improvements are really looking good and the traffic flow has already improved; did ask staff to coordinate with the contractors relative to the left turn signals that are still operating even though the left turn lane is not available • Noted that in the Library Board minutes for their last meeting it was mentioned that the elimination of the Bookmobile was being considered; she asked the City Manager to look elsewhere for budget savings • Offered condolences to the Griset family CITY COUNCIL MINUTES 112 APRIL 3, 2006 COMMENTS Councilmember Alvarez • Offered her condolences to the Griset family • Asked the Council to adjourn in memory of Marco Antonio Firebaugh • Thanked the Police Chief for his efforts in bringing community leaders together to work on a plan to convince kids to stay in school • Thanked the Council for supporting her in directing staff to draft an ordinance aimed at protecting children from sexual predators Councilmember Bustamante • Offered condolences to the Griset family • Thanked Chief Walters for his Department's efforts during the protests on March 27, 2006 Mayor Pulido • Noted that Marco Firebaugh was a tireless worker and that his loss is mourned • Noted that Lorin Griset was a friend and mentor to him and asked the Council to adjourn in his memory ADJOURNMENT- 9:58 P.M. — To April 17, 2006 - 5:15 p.m. - Police Chiefs Conference Room, 4th Floor, 60 Civic Center Plaza, Santa Ana, California Patricia E. Healy Clerk of the Council Adjourned in Memory of Lorin Griset Marco Antonio Firebaugh CITY COUNCIL MINUTES 113 APRIL 3, 2006