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HomeMy WebLinkAbout2010-07-06 RegularMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JULY 6, 2010 CLOSED SESSION MEETING CALLED TO ORDER ATTENDANCE PUBLIC COMMENTS — None CLOSED SESSION ITEMS CITY HALL 20 CIVIC CENTER PLAZA, 8T" FLOOR SANTA ANA, CA 5:40 P.M. COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor P.M.) P. DAVID BENAVIDES MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO ABSENT: CARLOS BUSTAMANTE Pro Tern (5:46 STAFF Present: CYNTHIA J. NELSON, Deputy City Manager for Development Services JOSEPH FLETCHER, City Attorney MARIA D. HUIZAR, Clerk of the Council 1A CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Kathie Gonzalez Employee Organizations: Service Employees International Union (SEIU) Santa Ana Management Association Santa Ana Firemen's Benevolent Association CITY COUNCIL MINUTES 1 JULY 6, 2010 Santa Ana Police Officer's Association Santa Ana Police Management Association Santa Ana Fire Management Association Confidential Association of Santa Ana ADJOURNED 5:48 P.M. CITY COUNCIL MINUTES 2 JULY 6, 2010 REGULAR CITY COUNCIL MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:57 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS ABSENT: CARLOS BUSTAMANTE STAFF Present: CYNTHIA J. NELSON, Deputy City Manager for Development Services JOSEPH FLETCHER, City Attorney MARIA D. HUIZAR, Clerk of the Council Mayor Pulido Melissa Rusler, Police Chaplain EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to Bradley B. Sadler, Police Sergeant, Police Department for 20 Years of Service CITY TILE presented by MAYOR PULIDO to Larry Means for his service on the Personnel Board CERTIFICATES OF RECOGNITION presented by COUNCIL MEMBER BENAVIDES to Connect -to -Council members: Connie Hamilton, Ruby Woo, Allan Woo, Peter Katz, Joanne Peterson -McCall, Terry McCall, Eric Scandrett, Mayra Mejia, Arthur Sandoval, Illiana Welty and Adela Montanez for organizing the Urban Leadership Forum held on May 1, 2010. CITY COUNCIL MINUTES 3 JULY 6, 2010 CERTIFICATES OF RECOGNITION presented by COUNCIL MEMBER SARMIENTO to the following committee members: Erika Sepulveda, Irving Alaniz, Steve McGuigan, Francine Harris, Betty Witted, Carmela Sandoval, Sandra Leon, Grace Oropeza, Nedra Hector, and Jennifer Patalsky, Relay Manager for coordinating the American Cancer Society Relay for Life event in Santa Ana held on May 22, 2010. PROCLAMATION presented by COUNCIL MEMBER SARMIENTO recognizing June 15th as "Janitors for Justice Day" *Councilmember Benavides left the meeting at 7:28 p.m. and did not return. EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to James P. Larsen, Firefighter, Fire Department for 25 Years of Service CLOSED SESSION REPORT — None PUBLIC COMMENT • Albert Castillo — reiterated comments made at the June 7th Council meeting; Steve McGuigan — commented on recent American Independence Day celebration; provided update on Santa Ana Zoo matters: Case Reporter did publicity that has helped the Zoo, hosting a concert on July 18th, Zoofari event in August, and partnered with Discovery Science Center to provide summer camps; and Grant Adler — received letter on weed abatement (commented on Public Hearing Item 75B. Staff instructed to work with Ms. Adler in identifying her concerns). CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations with the following modifications on the Consent Calendar Items 10A through 25M: • Mayor Pro Tern Alvarez voted "No" on Item 19C. • Excused Councilmember Bustamante from City Council, Community Redevelopment Agency, and Housing Authority Agency meetings. • Councilmember Sarmiento pulled Item 19D for separate discussion. • Mayor Pulido pulled Item 25M for separate discussion. • Mayor Pulido abstained on Item 25J due to a campaign contribution. MOTION: Martinez SECOND: Alvarez VOTE: AYES: Alvarez, Martinez, Pulido, Sarmiento, Tinajero (5) NOES: None (0) CITY COUNCIL MINUTES 4 JULY 6, 2010 ABSTAIN: None (0) ABSENT: Benavides, Bustamante (2) ADMINISTRATIVE MATTERS MINUTES 10A MINUTES OF THE CLOSED AND REGULAR MEETING OF JUNE 21, 2010 - Clerk of the Council Office MOTION: Approve Minutes. 10B MINUTES OF THE SPECIAL CLOSED MEETING OF JUNE 23, 2010 - Clerk of the Council Office MOTION: Approve Minutes. MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT — Nothing to report. 19B EXCUSED ABSENCES MOTION: Excuse Councilmember Bustamante. MOTION: Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2006-045. Mayor Pro Tern Alvarez voted "No" on item 19C. •In A : • . . . , , . , . CITY COUNCIL MINUTES 5 JULY 6, 2010 MOTION: Pursuant to Charter Section 908(a) direct the Board of Recreation and Parks to undertake a continuing effort to expand the City's cultural partnership with the Vietnamese -American Community in Santa Ana and Southern California, and request Commissioner Ken Nguyen, in his role as a Board Member, to head that effort as Ambassador to the Vietnamese -American Community on behalf of the Board and the City. MOTION: Tinajero SECOND: Sarmiento VOTE: AYES: Alvarez, Martinez, Pulido Sarmiento, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Benavides, Bustamante (2) BUDGETARY MATTERS SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES MOTION: Award in accordance with Request for Council Action. (Items 22A through 22H) 22A SPEC. NO. 10-022 - HP SERVERS & STORAGE - Finance & Management Services 1. Award a contract to GST, Inc., for the purchase of servers in an amount not exceed $37,100. 2. Award a contract to Nth Generation Computing, Inc., for the purchase of storage in an amount not exceed $40,100. 22B SPEC. NO. 10-025 - A MICRO -WAVE BASED NETWORK SYSTEM - Award a contract to Pacific Services in an amount not to exceed $40,200 - Finance & Management Services 22C SPEC. NO. 07-064 - TRAFFIC SIGNS AND RELATED HARDWARE - Renew a contract with Zumar Industries, Inc. for a one-year period in an annual amount not to exceed $65,000 (Public Works Agency) - Finance & Management Services CITY COUNCIL MINUTES 6 JULY 6, 2010 22D SPEC. NO. 07-071 - WATERWORKS FITTINGS AND MISCELLANEOUS SUPPLIES - Renew a contract with Ferguson Waterworks for a one-year period in an amount not to exceed $65,000 (Public Works Agency) - Finance & Management Services 22E SPEC. NO. 08-008 - WATER TREATMENT SALT - Renew a contract with Gallade Chemical Inc. for a one-year period in an annual amount not to exceed $45,000 (Public Works Agency) - Finance & Management Services 22F SPEC. NO 08-014 - JANITORIAL SUPPLIES - Renew contracts for a one- year period in a total annual aggregate amount not to exceed $85,000 with: Vendor Location Gales Supply Co. Los Angeles Kathco Products Commerce Waxie Sanitary Supply Santa Ana 22G SPEC. NOS. 09-001 & 09-035 - COLD WATER METERS - Renew a contract with Badger Meter, Inc. for a one-year period in an amount not to exceed $95,000 (Public Works Agency) - Finance & Management Services 22H SPEC. NO. 09-029 - ASPHALT CONCRETE MATERIALS - Renew a contract with Vulcan Materials Co. for a one-year period in an annual amount not to exceed $45,000 (Public Works Agency) - Finance & Management Services AGREEMENTS MOTION; Authorize the City Manager and Clerk of the Council to execute the following agreements, subject to non -substantive changes approved by the City Manager and City Attorney. (Item 25A through 25L) 25A AGMT NO. 2010-108 - GOVERNMENT LIAISON SERVICES - Execute an amendment with Townsend Public Affairs in an amount not to exceed $50,000 - City Manager's Office 25B AGMT NO. 2010-109 - PREVENTIVE MAINTENANCE AND REPAIRS OF MECHANICAL AND HVAC SYSTEMS - Execute an amendment with ACCO Engineered Systems in an annual amount not to exceed $165,000 (Police Department) - Finance & Management Services CITY COUNCIL MINUTES 7 JULY 6, 2010 25C AGMT NO. 2010-110 - FIRE ALARM SYSTEMS MAINTENANCE AND TIME CLOCK SUPPLIES - Execute an amendment with Simplex Grinnell in an annual amount not to exceed $65,000 - Finance & Management Services 25D AGMT NO. 2010-111 - INSTALL FIBER OPTIC CABLE IN AUTO MALL DRIVE - Execute a Right of Entry and License Agreement with Santa Ana Properties, LLC, to grant a revocable encroachment permit - Public Works Agency 25E AGMT NO. 2010-112 - SEWER VIDEO INSPECTION SERVICES - Execute an amendment with Houston Harris PCS Inc., in an amount not to exceed $300,000 - Public Works Agency 25F ACQUISITION OF RIGHT- OF- WAY FOR THE AT -GRADE RAIL SAFETY ENHANCEMENT PROJECT (PROJECT 09-1745) - 1101 E. CHESTNUT AVENUE — Public Works Agency ■ AGMT NO. 2010-113 - COOPERATIVE AGREEMENT (C-8-0862) - Execute a Second Amendment with Orange County Transportation Authority (OCTA) - Public Works Agency ■ AGMT NO. 2010-114 — PURCHASE AGREEMENT — With Mark and Cindy Evans for the purchase of the property located at 1101 E. Chestnut Avenue in the amount of $1,405,550 — Public Works Agency 25G AGMT NO. 2010-115 - JOB TRAINING AT THE SANTA ANA WORK CENTER - Execute an amendment with Hispanic Business Consultants in the amount of $60,000 for a total agreement amount not to exceed $117,675 - Community Development Agency 25H AGMT NO. 2010-116 - DEVELOP COMMUNICATIONS PLANS AND TRAINING AND EXERCISE PLAN FOR SOUTHERN PLANNING AREA - Execute an agreement with GTSI Corporation in an amount not to exceed $2,134,762 (FY2009 IECGP Grant funds) - Police Department 251 AGMT NO. 2010-117 - ANIMAL LICENSE FEE COLLECTION PROGRAM - Execute a Third Amendment to the agreement with Civic Collections, Inc. in an amount not to exceed $100,000 - Police Department CITY COUNCIL MINUTES 8 JULY 6, 2010 *Mayor Pulido abstained on Item 25J due to a campaign contribution. 25K YOUTH PROGRAM OPERATOR AGREEMENTS PROGRAM YEAR 2010- 11 - Community Development Agency 1. Authorize the City Manager and Clerk of the Council to execute agreements with the following Youth Program Operators for Program Year 2010-11 for a total of $1,080,025 for the period of July 1, 2010 through June 30, 2011, subject to non -substantive changes approved by the City Manager and City Attorney: a. AGMT NO. 2010-119 - Orange County Conservation Corps to provide tutoring, alternate secondary school services, work experience, occupational skills training, leadership development, supportive services, mentoring, job preparation, and placement assistance for twenty-three Out -of -School Youth in the amount of $285,124; b. AGMT NO. 2010-120 - Orange County Youth Commission to provide tutoring, work experience, mentoring, supportive services, and job preparation for ten In -School Youth and ten Out -of -School Youth in the amount of $141,828; c. AGMT NO. 2010-121 - Taller San Jose to provide work experience, occupational skills training, supportive services, counseling, job preparation, and placement to twenty Out -of -School Youth in the amount of $168,759; d. AGMT NO. 2010-122 - Orange County Children's Therapeutic Arts Center to provide tutoring, work experience, occupational skills training, leadership development, supportive services, mentoring, counseling, and job preparation for twenty-three Out -of -School Youth in the amount of $180,000; e. AGMT NO. 2010-123 - Orangewood Children's Foundation to provide tutoring, mentoring, and job preparation for twenty Out -of - School Youth and four In -School Youth in the amount of $130,814; f. AGMT NO. 2010-124 - Santa Ana Unified School District/ROP to provide mentoring, work experience, and job preparation for thirty- five In -School Youth in the amount of $173,500; and 2. AGMT NO. 2010-125 - Authorize the City Manager and Clerk of the Council to execute the Memorandum of Understanding with the CITY COUNCIL MINUTES 9 JULY 6, 2010 25L Santa Ana W/O/R/K Center for the Youth Service Provider Navigator service to June 30, 2011, and increase the funding by $328,495. SUMMER YOUTH PROGRAM — Community Development Agency 1. AGMT NO. 2010-126 - Execute an agreement with the Community Action Partnership of Orange County in the amount of $200,000. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2010-168 - recognizing $200,000 Grant from Community Action Partnership of Orange County and appropriating the same to fund a summer youth program for 2010. MOTION: Authorize the City Manager and Clerk of the Council to execute the following agreements, subject to non -substantive changes approved by the City Manager and City Attorney. AGMT NO. 2010-127 — With Consensus Inc. in an amount not to exceed $150,000 — Public Works Agency MOTION: Martinez SECOND: Alvarez VOTE: AYES: Alvarez, Martinez, Pulido Sarmiento, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Benavides, Bustamante (2) **END OF CONSENT CALENDAR** CITY COUNCIL MINUTES 10 JULY 6, 2010 RESOLUTIONS 55A 55B BUSINESS CALENDAR WORKFORCE INVESTMENT ACT TITLE I SUB -GRANT FOR PROGRAM YEAR 2010-2011 - Community Development Agency MOTION: Adopt a resolution. RESOLUTION NO. 2010-034 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS FOR THE WORKFORCE INVESTMENT ACT SUB -GRANT WITH THE STATE OF CALIFORNIA, WORKFORCE INVESTMENT DIVISION MOTION: Alvarez SECOND: Martinez VOTE: AYES: Alvarez, Martinez, Pulido Sarmiento, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Benavides, Bustamante (2) ESTABLISHING THE APPROPRIATION LIMIT OF THE CITY OF SANTA ANA FOR FY 2010-11 - Finance & Management Services MOTION. Adopt a resolution. RESOLUTION NO. 2010-035 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING THE APPROPRIATION LIMIT OF THE CITY OF SANTA ANA FOR FISCAL YEAR 2010-2011 MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Alvarez Alvarez, Martinez, Pulido Sarmiento, Tinajero (5) None (0) None (0) Benavides, Bustamante (2) CITY COUNCIL MINUTES 11 JULY 6, 2010 PUBLIC HEARINGS 75A PUBLIC HEARING - RECOVERY OF UNCOLLECTED COSTS FOR ABATEMENT OF DANGEROUS AND ABANDONED BUILDINGS - Planning and Building Agency Legal notice published in the O.C. Reporter on June 25, 2010 and notices mailed on June 24, 2010. Staff report presentation given by Jay Trevino, Executive Director of the Planning and Building Agency. The Mayor opened the Public Hearing; there were no written communication received or speakers on this matter. The Mayor closed the Hearing. MOTION; Adopt a resolution. RESOLUTION NO. 2010-036 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING OBJECTIONS TO AND CONFIRMING THE COSTS OF SECURING AND DEMOLITION OF VARIOUS STRUCTURES DECLARED TO BE PUBLIC NUISANCES; MAKING, CONFIRMING AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDERING SUCH COSTS TO BE RECORDED WITH THE ORANGE COUNTY RECORDER MOTION: Alvarez SECOND: Martinez VOTE: AYES: Alvarez, Martinez, Pulido Sarmiento, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Benavides, Bustamante (2) 75B PUBLIC HEARING - WEED ABATEMENT PUBLIC NUISANCE REPORT FISCAL YEAR 2009-2010 - Public Works Agency Legal notice published in the O.C. Reporter on June 25, 2010 and notices mailed on June 24, 2010. Staff report presentation given by George Alvarez, Engineering Services Manager. CITY COUNCIL MINUTES 12 JULY 6, 2010 The Mayor opened the Public Hearing; there were no written communication received; Grant Adler addressed the Council under Public Comments on this item. The Mayor closed the Hearing. MOTION: Adopt resolution as amended to remove APN 398-282-04 from the list of uncollected charges sent to the County of Orange Office of Auditor -Controller (if warranted by staff after review). RESOLUTION NO. 2010-037 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONFIRMING THE COSTS OF WEED, RUBBISH AND GARBAGE ABATEMENT: MAKING, CONFIRMING AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDERING A COPY THEREOF TO BE FILED WITH THE COUNTY AUDITOR, ASSESSOR AND TAX COLLECTOR MOTION: Alvarez SECOND: Martinez VOTE: AYES: Alvarez, Martinez, Pulido Sarmiento, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Benavides, Bustamante (2) 75C PUBLIC HEARING - REPORT ON WATER QUALITY RELATIVE TO PUBLIC HEALTH GOALS - Public Works Agency Legal notice published in the O.C. Reporter on June 25, 2010. Staff report presentation given by Ray Burk. Interim Water Resources Manager The Mayor opened the Public Hearing; there were no written communication received or speakers on this matter. The Mayor closed the Hearing. MOTION: Accept the report on Water Quality relative to Public Health Goals. MOTION: Martinez VOTE: AYES: NOES: SECOND: Alvarez Alvarez, Martinez, Pulido Sarmiento, Tinajero (5) None (0) CITY COUNCIL MINUTES 13 JULY 6, 2010 ABSTAIN: None (0) ABSENT: Benavides, Bustamante (2) COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY AT 7:07 P.M. FOLLOWED BY THE HOUSING AUTHORITY MEETING AT 7:08 P.M. COUNCIL RECONVENED AT 7:08 P.M. WITH SAME MEMBERS PRESENT COMMENTS 90A CITY MANAGER'S COMMENTS Deputy City Manager for Development Services Cynthia J. Nelson asked Interim Fire Chief Dave Thomas for a recap on 4th of July activity. Chief Thomas reported that holiday was fairly uneventful and only a few minor injuries reported. 90B CITY COUNCILMEMBER COMMENTS Councilmember Sarmiento: • Asked City Attorney for clarification on issues raised by Grand Jury. City Attorney Fletcher responded that Santa Ana Municipal Code requires a competitive bidding process for most contracts except for qualitative projects, in which case lowest bidder should not be only means of awarding contract; City Council has ultimate decision to award contract. City preparing Response Report to Grand Jury in which issues raised will be clarified. Opined that Grand Jury process flawed and reform should be recommended to Presiding Judge of the Superior Court. Councilmember Martinez: • Echoed Councilmember Sarmiento's sentiments on the Grand Jury Report; • Invited all to attend the Pacific Electric Bike Ride and Festival on Saturday, July 24th from 10 a.m. to 2 p.m.; • Congratulated Class of 2010 high school and college graduates, especially Alex Flores whom she mentored; • Commended achievements by Vietnamese community including tonight's recognition of Ken Nguyen and the annual Tet Festival; CITY COUNCIL MINUTES 14 JULY 6, 2010 Thanked Mayor Pro Tern Alvarez and Mayor Pulido for efforts in making Make -A -Wish dream of Michael Gallo a reality; and Wished all a great summer. Councilmember Tinajero: • 4t" of July holiday just celebrated, hope all enjoyed the holiday and grateful that fewer incidents reported; Fireworks sale is great opportunity to raise funds for the many organizations throughout our community; • Thanked Matt Leinart and Foundation for support of Pop Warner; and • Letter received from Country Villa regarding Hemlock Way wish to discuss with Planning and Building Agency Director Trevino. Mayor Pro Tern Alvarez: • Encouraged residents to review the City's Press Release issued shortly after the Grand Jury report was filed; • Welcomed Interim Fire Chief Thomas; • Detailed Make -A -Wish experience with Michael Gallo, heroic five-year old battling cancer whose wish was to be a superhero; and • Wished all a happy summer. Mayor Pulido: • Recounted Make -A -Wish granting experience of Michael Gallo; and • Adjourned meeting in memory of Joe Musil who was very active in the arts community. ADJOURNED- 7:24 P.M. - The next meeting of the City Council is scheduled for Monday, July 19, 2010 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Business Meeting in the City Council Chamber, 22 Civic Center Plaza, Santa Ana, CA In Memory of Joe Musil Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 15 JULY 6, 2010