The URL can be used to link to this page

Home My WebLink About2012-01-17 RegularMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JANUARY 17, 2012 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:08 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA C. ALVAREZ, Mayor Pro Tem (5:15 P-m-) P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ (6:07 p.m.) VINCENT F. SARMIENTO SAL TINAJERO COUNCILMEMBERS Absent: None STAFF Present: PAUL M. WALTERS, Interim City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS -None COUNCIL RECESSED to Room 147 for Closed Session discussion. CLOSED SESSION ITEMS 1A CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) Steve Critchfield vs City of Santa Ana, WCAB Case # ADJ7257253 Andres Junior Ramirez, et al. v. City of Santa Ana, Orange County Superior Court Case No. 30-2011-00446307 CITY COUNCIL MINUTES 1 JANUARY 17, 2012 1 B CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION pursuant to Government Code Section 54956.9(b) -One matter 1C CONFERENCE WITH LEGAL COUNSEL-INITIATION OF LITIGATION pursuant to Government Code Section 54956.9(c) -One Matter 1 D CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Ed Raya Employee Organizations: Santa Ana Police Officers Association (P OA) Santa Ana Police Management Association (PMA) Santa Ana Firemen's Benevolent Association (FBA) Santa Ana Fire Management Association (FMA) Service Employees' International Union (SEIU) Full-Time Employees Service Employees' International Union (SEIU) Part-time Civil Service Employees Confidential Association of Santa Ana (CASA) Santa Ana Management Association (SAMA) Agency Negotiator: Interim City Manager, Paul M. Walters Employee Organizations: Executive Management (EM) 1 E PUBLIC EMPLOYEE EMP LOYMENT AND APPOINTMENT pursuant to Government Code Section 54957(b)(1) Title: City Attorney CLOSED SESSION REPORT -See Item 19A. for Report. ADJOURNED THE CLOSED SESSION MEETING AT 6:24 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 2 JANUARY 17, 2012 REGULAR OPEN SESSION CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:29 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA C. ALVAREZ, Mayor Pro Tem P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO COUNCILMEMBERS Absent: None PLEDGE OF ALLEGIANCE INVOCATION STAFF Present: PAUL M. WALTERS, Interim City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO Roger Aragon, Police Chaplain CLOSED SESSION REPORT -See Item 19A for report. AGENDA ITEM NOS. 'I'IA AND 50A TAKEN OUT OF ORDER ORDINANCES/SECOND READING In the event a Councilmember recorded an "abstention" before consideration of the following ordinance(s) on first reading, such abstention will also be reflected in the minutes for second reading. 11A SECOND READING ORDINANCE -CONSIDER CHANGING NEW CITY COUNCIL WARD BOUNDARY LINES -Clerk of the Council Office Placed on first reading at the December 19, 2011 City Council meeting and approved by a vote of 6-O (Bustamante absent). Published in the Orange County Register on January 6, 2012. CITY COUNCIL MINUTES 3 JANUARY 17, 20'12 Speakers: Connie Hamilton, asked that the City Council consider the alternative map submitted by Thomas Gordon; would like to see less neighborhood associations with dual City Council representatives. Thomas Gordon, submitted alternative map for Council consideration; attached to the agenda report; seek compromise and asked the City Council to continue to work on boundary lines -maintain population equity and keep neighborhood associations boundaries together- Councilmember Tinajero noted that City Charter requires equal population distribution and Ad Hoc Committee accomplished goal; also neighborhood associations in more than one ward have more representatives they can reach out to; urged City Council to approve proposed ward map. Mayor Pro Tem Alvarez thanked staff and committee members for efforts, and support proposed boundaries. MOT/ON: Place ordinance on sea:ond reading and adopt. ORDINANCE NO. NS-2826 - AN ORDINANCE OF THE CITY OF SANTA ANA CHANGING AND ESTABLISHING THE BOUNDARY LINES OF THE WARDS OF THE CITY OF SANTA ANA, CALIFORNIA MOTION: Tinajero SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (O) ABSTAIN: None (O) ABSENT: None (O) ORDINANCES/FIRST READING 50A ORDINANCE AMENDING CHAPTERS 18 AND 31 OF THE SANTA ANA MUNICIPAL CODE PROHIBITING SMOKING IN CITY PARKS - Parks, Recreation & Community Services Agency Speakers: Claire Braeburn, America On Track, supports a "No Smoking" ordinance in public parks; concerned with 2"d hand smoking; noted that Orange County has less than 10% of population that smoke; introduced group of teenagers that surveyed community and collected cigarette butts and cigarette related litter. Jim Walker, supports ordinance; proposed ordinance builds a healthy community and protects our children - CITY COUNCIL MINUTES 4 JANUARY 17, 2012 Nayeli Diaz, supports ordinance; alarmed with statistics of second hand smoking. Alejandro Mendoza, supports ordinance; concerned with second hand smoking and influence on young children Councilmember Tinajero thanked speakers; supports ban on smoking in public parks; change not easy. Councilmember Martinez thanked "America On Track" and volunteer students for efforts on this project; air quality important to all. Councilmember Benavides thanked all and Mike Walker for leadership on this issue. Councilmember Sarmiento would like to send message to the community that smoking not allowed in public parks. MOT/ON: 1. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS-2827 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 18 AND CHAPTER 31 OF THE SANTA ANA MUNICIPAL CODE RELATING TO PROHIBITING SMOKING IN CITY PARKS 2. Approve and adopt the Categorical Exemption for Environmental Review No. 2011-25. MOTION: Benavides SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (O) ABSTAIN: None (O) ABSENT: None (O) THE CITY COUNCIL MEETING RECESSED AT 7:07 P.M. TO THE COMMUNITY REDEVELOPMENT AGENCY. MAYOR PULIDO READ THE FOLLOWING STATEMENT FOR THE RECORD, "AS REQUIRED BY GOVERNMENT CODE SECTION 54952.3, WE HEREBY NOTIFY THE PUBLIC THAT THE COMMUNITY REDEVELOPMENT AGENCY MEMBERS OF THE CITY OF SANTA ANA WILL RECEIVE $150.00 FOR SAID MEETING." THE COMMUNITY REDEVELOPMENT AGENCY MEETING FOLLOWED BY THE SANTA ANA HOUSING AUTHORITY MEETING; THE CITY COUNCIL MEETING RECONVENED AT 7:08 P.M. WITH SAME MEMBERS PRESENT. CITY COUNCIL MINUTES 5 JANUARY 17, 2012 '*Mayor Pulido left the meeting at 7:10 p.m. and did not return. Mayor Pro Tem Alvarez assumed the Chair and presided over the meeting. PUBLIC COMMENT • Dulce Saavedra, concerned with fast food establishments; would like to have more farmer's markets and healthy alternatives. • Robin Cook, commented on Agenda Item 20A; supports action. • Jason Nguyen, resident of Fisher Park Neighborhood Association and member of Save Santiago Creek Alliance; supports bike trail, but at alternative site and not through a natural creek. • Ronald Salem, community liaison of Save Santiago Creek Alliance, has over 160 members; concerned with threat of eminent domain and misinformation on the proposed bike trail project. • Bryan Kaye, resident of the City of Orange; concerned with destruction of natural setting of creek if bike trail approved; opined that homeless problem would be exacerbated • Chris Lancaster, resident of Casa de Santiago neighborhood, concerned with legal and maintenance problem if bike trail built along creek. • Margaret Ospina, concerned with graffiti, maintenance and safety of residents along creek if bike trail built. • Jennifer Faiz, volunteer member of the Santa Ana Historical Society and Save Santiago Creek Alliance, noted that flood path would be changed if bike trail built along natural creek. • Dennis Carbajal, commented on outsourcing of the Santa Ana Fire Department; concerned that business insurance rates would be increased with County standards rather that City; also, noted that other budget saving alternatives were outlined in the Management Partners report. • John Raya, TKO Boxing, commented that Alexis Rocha was recently highlighted in article in the OC Register; will be competing in Kansas City as well as Ronnie Rios in Golden City on same day. • George Collins, inquired on obligation to repay the City's Redevelopment Agency's loan to the general fund in the amount of $400 million. • Brad Torgan, representing the Silverstein Law Firm, commented on Agenda Item 55A, asked to meet with the City Council on the matter- . Thomas Gordon, invited all to attend upcoming Graffiti Paint-Out event that will be held on January 28, 2012 at Memorial Park; and opined that expenses incurred for recent event should be refunded to the City. CONSENT CALENDAR ITEMS MOT/ON: Approve Consent Calendar Items 10A through 31A with the following modifications: • Mayor Pro Tem Alvarez recorded a "No" on Item 19C; and • Councilmember Benavides voted "No" on Item 31 A. CITY COUNCIL MINUTES 6 JANUARY 17, 2012 MOTION: Tinajero SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero (6) NOES: None (O) ABSTAIN: None (O) ABSENT: Pulido (1) Items removed for separate actin or;rnociifted; are highlighted ""Separate actiw,ns show the?ac#ual vote. ,lte_ms?vulthoutiotes are a?lop'ted as p?i?f,th'e consent miotion ADMINISTRATIVE MATTERS MINUTES 10A MINUTES OF THE REGULAR MEETING OF DECEMBER 19, 2011 - Clerk of the Council Office MOT/ON: Approve Minutes. 10B MINUTES OF THE SPECIAL MEETING OF JANUARY 9, 2012 -Clerk of the Council Office MOT/ON: Approve Minutes. ORDINANCES/SECOND READING 11A TAKEN OUT OF ORDER MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT -City Attorney's Office MOT/ON= Approve. 1. Authority to commence Unlawful Detainer Action against holdover tenants located at 510 N. Bristol Street, Santa Ana (Bristol Street Widening Project). CITY COUNCIL MINUTES 7 JANUARY 17, 2012 2. Approve a Compromise and Release Agreement in the matter of Steve Critchfield vs City of Santa Ana, WCAB Case # ADJ7257253 in the amount of $49,165.79, less permanent disability advances of $30,397.86 for a balance of $18,767.93; plus future medical care expenses. 19B EXCUSED ABSENCES -None 19C DESTRUCTION OF OBSOLETE CITY RECORDS - Community Development Agency MOT/ON: 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 Tem Alvarez voted "No" on item 19C. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A ASPHALT WALKWAY IMPROVEMENTS AT THE SANTA ANA ZOO (GRANT FUNDED) -Parks, Recreation & Community Services Agency MOT/ON: 1. Authorize the City Manager and Clerk of the Council to execute a funding agreement, subject to non-substantive changes approved by the City Manager and City Attorney. AGMT NO. 2012-001 - With the Friends of Santa Ana Zoo for the renovation of asphalt walkways at the Santa Ana Zoo at Prentice Park in amount not to exceed $75,000 2_ Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2012-110 - Approve an appropriation adjustment to recognize $75,000 in the Recreation Special Fee and Donations - FOSAZ Revenues account and appropriate same to the Contract Services account. CITY COUNCIL MINUTES 8 JANUARY 17, 2012 20B COUNTY OF ORANGE SOCIAL SERVICES AGENCY VOCATIONAL TRAINING AND WORK EXPERIENCE PROGRAM - Community Development Agency MOT/ON: 1. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2012-112 - Approve an appropriation adjustment recognizing $800,000 awarded to the City of Santa Ana, Santa Ana WORK Center by the County of Orange Social Services Agency for vocational training and work experience activities. 2. Authorize the City Manager and Clerk of the Council to execute an agreement, subject to non-substantive changes approved by the City Manager and City Attorney. AGMT NO_ 2012-002 - With the County of Orange Social Services Agency effective March 7, 2012 through June 30, 2013. SPECIFICATIONS -PURCHASE OF EQUIPMENT AND SERVICES MOT/ON: Award in accordance with Request for Council Action. (Items 22A through 22F) 22A SPEC. NO. 11-069 - RE-ROOFING PARK CENTER - Award a contract to Cook Coatings, Inc. in an amount not to exceed $41,790 (Parks, Recreation & Community Services Agency) - Finance & Management Services 226 SPEC. NO. 12-002 - REPLACEMENT POLICE PATROL SEDANS - Award a contract to Wondries Fleet Group, under the Cooperative Purchase Provision of the County of Los Angeles, in an amount of $333,221 (Police Department) -Finance & Management Services 22C SPEC. NO. 11-072 - COMMVAULT DATA BACKUP AND RECOVERY SOFTWARE PREMIER SUPPORT AND MAINTENANCE RENEWAL - Award a contract to NTH Generation Computing, Inc. an amount not to exceed $60,000 -Finance & Management Services 22D SPEC. NO. 11-074 -POLICE MOTORCYCLE REPAIR - Award a contract to Seavco d/b/a Irv Seaver Motorcycles for a two-year period, with CITY COUNCIL MINUTES 9 JANUARY 17, 2012 provision for two, one-year renewals in an annual aggregate amount not to exceed $150,000 -Finance & Management Services 22E SPEC. NO. 12-003 -FIT TEST MACHINES - Award a contract to Mallory Safety & Supply Company in an amount not to exceed $423,000, Urban Areas Security Initiative (UASI) funded (Police Department) -Finance & Management Services 22F SPEC. NO. 12-004 - PORTABLE RADIATION DETECTORS -Award a contract to Mallory Safety & Supply Company in an amount not to exceed $103,000, Urban Areas Security Initiative (UASI) funded (Police Department) -Finance & Management Services PROJECTS/CHANGE ORDERS 23A CONTINGENCY INCREASE FOR FIRST STREET BRIDGE REPLACEMENT OVER THE SANTA ANA RIVER (PROJECT NO. 061723) -Public Works Agency MOT/ON: Increase the contingency for the contract with Powell Constructors, Inc., for the construction of the First Street bridge replacement over the Santa Ana River by $602,605 to a total estimated contract amount of $7,815,000, and authorize the City Manager to execute change orders in an amount not to exceed the authorized contingency. AGREEMENTS MOT/ON: 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 and/or actions as noted on the Request for Council Action report. (Item 25A through 25H) 25A AGMT NO. 2012-003 - CABLE EQUIPMENT MAINTENANCE AND VIDEO PRODUCTION SERVICES - Execute an amendment with Video Engineering Services for one year in an annual amount not to exceed $57,91 5 -Parks, Recreation & Community Services Agency 25B AGMT NO. 2012-004 - CALIFORNIA GREEN BUILDING CODE AND LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN (LEED) TRAINING (GRANT FUNDED) -With GreenStep Education in an amount not to exceed $55,180 and authorize the City Manager to execute an CITY COUNCIL MINUTES 10 JANUARY 17, 2012 amendment to extend said agreement should the grant period be extended. -Public Works Agency 25C PURCHASE AGREEMENTS FOR BRISTOL STREET CORRIDOR (PROJECT NO. 081700) -Public Works Agency 1. AGMT NO. 2012-005 -With Cynthia Castillo, Maximino Castillo and Raquel Madrigal Castillo for the purchase of a portion of the property located at 1309 West Seventh Street in the amount of $1 ,105; 2. AGMT NO. 2012-006 -With Maria L. Reyes for the purchase of a portion of the property located at 1312 West Seventh Street in the amount of $2,500. 25D AGMT NO. 2012-007 - ENERGY CONSULTING SERVICES - With Edward K. Aghjayan in an amount not to exceed $35,000 -Public Works Agency 25E AGMT NO. 2012-008 - DETENTION FACILITY FOOD AND COMMISSARY SERVICE - With Aramark Correctional Services in an annual amount not to exceed $1 ,271 ,900 -Police Department 25F AGMT NO. 2012-009 - JANITORIAL MAINTENANCE SERVICES - Execute an amendment with Able Building Maintenance Company in an annual not to exceed amount of $370,000 -Police Department 25G AGMT NO. 2012-010 -IMMEDIATE ACTION TEAM COURSE TRAINING TO FIRST RESPONDERS (UASI FUNDED) -With Government Training Institute, Inc., in an amount not to exceed $600,000 -Police Department 25H PARK LANDSCAPE MAINTENANCE SERVICES - Parks, Recreation & Community Services Agency 1. Accept termination notice from Pinnacle Landscape effective January 1 3, 2013. 2. Authorize the City Manager and Clerk of the Council to execute the attached agreement, subject to non-substantive changes approved by the City Manager and City Attorney. AGMT NO. 2012-01 1 -Execute an amendment with Master Landscape & Maintenance, Inc. to provide park landscape maintenance services CITY COUNCIL MINUTES 11 JANUARY 17, 2012 in District 3 for a six-month period in an amount of $225,144, for a total agreement amount not to exceed $494,200. 3. Authorize the Parks, Recreation and Community Services Agency to issue a Request for Proposals (RFP) to qualified companies to provide landscape maintenance services. LAND USE MATTERS CONDITIONAL USE PERMITNARIANCES 31A CONDITIONAL USE PERMIT NO. 2011-24 TO ALLOW A NEW MCDONALDS RESTAURANT WITH DRIVE THROUGH WINDOW SERVICE AT 1100 SOUTH GRAND AVENUE - BICKEL UNDERWOOD, APPLICANT -Planning and Building Agency Recommended action approved by the Planning Commission on December 12, 201 1 , by a vote of 6-O (Nalle absent). MOT/ON: Receive and file the staff report approving Conditional Use Permit No. 2011-24 as conditioned. "Councilmember Benavides voted "No" on item 31 A. "SEND OF CONSENT CALENDAR" BUSINESS CALENDAR ITEMS ORDINANCES/FIRST READING 50A TAKEN OUT OF ORDER RESOLUTIONS 55A RESOLUTION CERTIFYING EIR FOR SAN LORENZO SEWER LIFT STATION AND APPROVAL OF SAN LORENZO SEWER LIFT STATION PROJECT -Public Works Agency MOT/ON: Continue consideration of matter to the February 6, 2012 City Council Meeting at the request of staff. MOTION: Alvarez SECOND: Bustamante CITY COUNCIL MINUTES 12 JANUARY 17, 2012 VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero (6) NOES: None (O) ABSTAIN: None (O) ABSENT: Pulido (1) COMMENTS 90A 906 CITY MANAGER'S COMMENTS -None CITY COUNCILMEMBER COMMENTS Councilmember Tinajero: • Thanked all speakers that help create a better community; and • Little Leagues holding try-outs through February; encouraged donations to help offset costs and offer scholarships. health and business opportunities. • Commented on neighborhood associations and dual City Council representatives, encouraged all to continue to be involved; City's neighborhood improvement program at risk due to state and federal funding shortages. Councilmember Benavides: • Thanked all speakers for participating in democratic process; City making strides to have a healthy community; City's goal is to balance Councilmember Bustamante: • Thanked all speakers on Santiago Creek matter; will be holding a meeting for all stakeholders to attend. Councilmember Martinez: • Commented on Agenda Item 31A - noted that City has to strike balance when it comes to business opportunities and offering healthy alternatives for residents; • Encouraged all to support TKO Boxing and commit to fundraising; • Invited all to participate in upcoming Graffiti Paint-Out and requested support from local businesses; • Met with various members on the proposed Santiago Creek Bike Trail; City will be reviewing the Circulation Element and invited all to participate in the process; • Redevelopment Agency defunct effective February 1, 2012; • Wished all a Happy New Year; and CITY COUNCIL MINUTES 13 JANUARY 17, 2072 • Martin Luther King Jr. Day celebrated on January 16, 2012, will be recognizing Black History Month at next City Council meeting. Councilmember Sarmiento: • Thanked the OC Register for recent article on reduced crime rate; thanked staff and residents for efforts; noted that State's decision to release inmates may affect crime rates; and • Recognized Rene Guzman who is a recipient of the Bronze Service Award for volunteerism given to him by the President of the United States. Mayor Pro Tem Alvarez: • Thanked Thomas Gordon for organizing the Graffiti Paint-Out event; • Will be attending the Vietnamese Parade on January 28, 2012; • Encouraged all to read article in "Forbes Magazine" on the City of Santa Ana's low crime rate report and article by OC Register on same subject; • Various health issues were considered at tonight's City Council meeting and will continue to be an important subject matter; • Asked the City Manager to schedule a meeting with the neighborhood associations involved in the Santiago Creek matter; • Adjourned in memory of Santa Ana Police Corporal Jim Geist. Adjourn In Memory of Police Corporal James "Jim" F. Geist ADJOURNED 7:59 p.m. -The next meeting of the City Council is scheduled for Monday, February 06, 2012 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 6:00 p.m. in the Council Chamber, 22 Civic Center Plaza. Santa Ana. California.. i Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 14 JANUARY 17, 2012