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Home My WebLink About10A - 02-06-2012 MINUTES MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA FEBRUARY 6, 2012 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:10 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA C. ALVAREZ, Mayor Pro Tern (5:27 P.M.) P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO (5:35 p.m.) 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) Steven Lodge vs City of Santa Ana, WCAB Case # Unassigned CITY COUNCIL MINUTES 1 FEBRUARY 6, 2012 1 0A-1 1B 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 (POA) 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) *Councilmember Martinez left the Closed Session Meeting at 5:29 p.m. and did not return. 1C PUBLIC EMPLOYEE EMPLOYMENT AND APPOINTMENT pursuant to Government Code Section 54957(b)(1) Title: City Attorney and City Manager CLOSED SESSION REPORT - See Item 19A. for Report. ADJOURNED THE CLOSED SESSION MEETING AT 6:03 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 2 FEBRUARY 6, 2012 1 0A-2 REGULAR OPEN SESSION CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:07 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA C. ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ 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 PLEDGE OF ALLEGIANCE Mayor Pulido INVOCATION Bob Barnett, Police Chaplain PRESENTATIONS EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to: 30 YEARS OF SERVICE Thomas Serafin, Police Officer CERTIFICATES OF RECOGNITION presented by MAYOR PRO TEM CLAUDIA ALVAREZ to Casa Guanajuato and Mexican Consulate for their leadership in working with the Santa Ana Library on the award winning documentary "Los Que Se Quedan." PROCLAMATION presented by COUNCILMEMBER MICHELE MARTINEZ to Bobby McDonald, President of the Santa Ana Black Chamber of Commerce, recognizing Black History Month. CITY COUNCIL MINUTES 3 FEBRUARY 6, 2012 1 0A-3 CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SAL TINAJERO to Luis Ramos for winning the WBA Fedelatin Lightweight Title on January 8, 2012. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER SAL TINAJERO to Valley Falcons High School Football Team for becoming Orange League Co- Champions- Elvin Aran Alexis Martinez Edward Torres Vicente Aranda Richard Martinez Gary Trujillo Eduardo Atilano James Mohr Eduardo Valerio Moises Benitez Joseph Mohr Richard Vargas Jesus Bustamante Miguel Moreno Jorge Campos Edgar Nevarez Coaches: Nick Chavez Daniel Nieto Michael Echavez Jonathon Curiel Albert Ojeda Damian Giraldo Ramon Enciso Diego Perez Freddy Macias Francisco Durette Rodolfo Ponce Larry Mohr Daniel Gutierrez Marco Salazar Anthony Mohr Alejandro Hernandez Daniel Salgado Frankie Oviedo Cesar Hernandez Jerry Salinas Steve Patterson Carlos Jimenez Erik Sanchez Alex Penaloza Miguel Lopez Jesus Sandoval Donald Schlezinge Angel Macias Jonathon Santiago CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER SAL TINAJERO to the Segerstrom Jaguars High School Football Team for winning the CIF Quarter Finals and being undefeated Goldenwest League Champions for a consecutive three years. Coach Maceranka was also named top 15 coaches in Orange County. Brandon Arroyo Andrew Madrigal Joseph Sandoval Jorge Avalos Ruben Martinez Robert Sevilla Rafael Castro Ronnie Medina Andrew Soto Alfredo Contreras Ulises Mendoza Jonathon Valle Andrew Doan Gilbert Meza Daniel Vasquez Kiona Drayton Terry Mills Bernardo Garcia Aaron Morales Coaches: Ulises Garcia Juan Moroyoqui Nick Canzone Joseph Gomez Eric Parga Mike Maceranka Steven Hernandez David Perkins Josh Manriquez Vaughn Lawson Jacob Placencia Michael Moore Josh Linares Eric Ramirez Eden Munoz Edgar Lopez Gabriel Roa Moses Peraza Jorge Lopez Sonny Roa Steven Rodriguez CITY COUNCIL MINUTES 4 FEBRUARY 6, 2012 1 0A-4 *Mayor Pulido left the meeting at 7:01 p.m. and did not return. Mayor Pro Tern Alvarez assumed the Chair and presided over the meeting. PUBLIC COMMENT • Tixoc Venteera, expressed opposition to contracting library services to the County of Orange. • Alicia Rojas, commented on 10-year old contract with Santora Building; concerned with expiration of contract and on tenant, artist village vision; requested new partnership to continue efforts made in the area and keep Santora Building as a hub for artists. • Kandice Hawes, representing the Committee to Support Medical Marijuana, indicated that they will be submitting an initiative to control collectives; voters to decide the matter. • Ann Bessinger, representing Santa Ana Solar Program company, would like to create a national campaign on solar energy using the City of Santa Ana. • Ronald Salem, representative of Save Santiago Creek Alliance, conducted poll of over 2,000 residents on position as it relates to the bike trail through the Santiago Creek; petition with over 400 signatures received opposing the bike trail; had successful graffiti paint-out event in December, 2011 with assistance of local church. • Mark Mittmann, concerned with cost of bike trail when City facing budget shortfall and possible outsourcing of Fire Department. • Michael Buss, representative of Save Santiago Creek Alliance, urged the City Council to keep creek in natural setting. • Mayra Mejia, representative of Latino Health Access, provided update on pilot program to use Roosevelt Elementary School field as community open space area; would like to expand program to other areas. • Nancy Mejia, representing Latino Health Access and member of `Comite de Poder" a grassroots organization addressing community involvement and communication issues. • Teresa Garrido, member of `Comite'; seeking other open space areas in the community, would help address obesity; invited all to participate. • Maria Mendoza, commented on pilot program by Latino Health Access; seeks support to expand program and make Roosevelt program permanent. • Eric Scandrett, opposed to the elimination of the Neighborhood Improvement Program through the now defunct Redevelopment Agency, provides services to the community and liaison to City Hall; also thanked the City Council for completion of bike trail on Memory Lane in the summer of 2011. • Dennis Daws, President of Fisher Park Neighborhood Association, thanked Scott Kutner of Neighborhood Improvement Division of the City; opposed to the elimination of the Division. • Carl Benniger, supports Neighborhood Improvement and efforts through Comlink. • Connie Hamilton, concerned with elimination of Redevelopment programs and possibly the Neighborhood Improvement Division; requested another focus group meeting between City Council and neighborhood representatives. • Peter Katz, seeks community input in decision-making. CITY COUNCIL MINUTES 5 FEBRUARY 6, 2012 1 0A-5 • Bryan Kaye, submitted pictures of creek area, graffiti paint-out event, homelessness issue in the area; will continue to work on cleaning up the area. *Councilmember Martinez left the meeting at 7:25 p.m. and did not return. CLOSED SESSION REPORT - See Item 19A for report. CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 10A through 31A with the following modifications: • Mayor Pro Tern Alvarez recorded a "No" on Item 19C; and • Mayor Pro Tern Alvarez requested a continuance on Item 31A; and • Councilmember Sarmiento pulled Item 20A for separate discussion. MOTION: Tinajero SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Bustamante, Sarmiento, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Pulido (2) 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 10A MINUTES OF THE REGULAR MEETING OF JANUARY 17, 2012 - Clerk of the Council Office MOTION: Approve Minutes. 10B MINUTES OF THE SPECIAL MEETING OF JANUARY 24, 2012 - Clerk of the Council Office MOTION: Approve Minutes. CITY COUNCIL MINUTES 6 FEBRUARY 6, 2012 1 0A-6 10C MINUTES OF THE SPECIAL MEETING OF JANUARY 30, 2012 - Clerk of the Council Office MOTION: Approve Minutes. 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 ORDINANCE NO. NS-2827 - AMENDING CHAPTERS 18 AND 31 OF THE SANTA ANA MUNICIPAL CODE PROHIBITING SMOKING IN CITY PARKS - Parks, Recreation & Community Services Agency Placed on first reading at the January 17, 2012 City Council meeting and approved by a vote of 7-0. Published in the Orange County Reporter on January 27, 2012. MOTION: Place ordinance on second reading and adopt. 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 BOARDS / COMMISSIONS / COMMITTEES 13A REAPPOINTMENT TO THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) - City Manager's Office MOTION: Re-appoint Michele Martinez to the Southern California Association of Governments (SCAG) as the District 16 Region Representative. MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT - City Attorney's Office MOTION: Approve a Compromise and Release agreement in the amount of $30,000 in the case of Steven Lodge vs City of Santa Ana, WCAB Case # Unassigned 19B EXCUSED ABSENCES - None CITY COUNCIL MINUTES 7 FEBRUARY 6, 2012 1 0A-7 19C DESTRUCTION OF OBSOLETE RECORDS - City Manager's Office, Planning and Building Agency, and Personnel Services Agency 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. 19D QUARTERLY REPORT OF INVESTMENTS AS OF DECEMBER 31, 2011 - Finance & Management Services MOTION: Receive and file. 19E REQUEST FOR PROPOSALS FOR ON-CALL DEMOLITION SERVICES - Public Works Agency MOTION: Authorize the Public Works Agency to send a Request for Proposals to qualified consulting firms to provide on-call demolition services for Capital Improvement Projects. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A APPROPRIATION ADJUSTMENT FOR DEPARTMENT OF LABOR TECHNICAL SKILLS TRAINING GRANT - Community Development Agency Councilmember Sarmiento asked staff to summarize program. It was noted that $5 million dollars was awarded to the City to recruit Santa Ana high school students enter engineering programs; many partners involved in making program a success. MOTION: 1. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2012-119 - Recognizing $4,997,479 awarded to the City of Santa Ana, Santa Ana WORK Center by the Department of Labor, Employment and Training Administration for an H-1 B Technical Skills Training Grant 2. Authorize the City Manager and Clerk of the Council to execute a CITY COUNCIL MINUTES 8 FEBRUARY 6, 2012 1 0A-8 grant agreement, subject to non-substantive changes by the City Manager and City Attorney. AGMT NO. 2012-012 - Between the U.S. Department of Labor, Employment and Training Administration and the City of Santa Ana for the H-1 B Technical Skills Training Grant, 3. Authorize the City Manager and Clerk of the Council to execute agreements with the following program operators for H-1113 Technical Skills Training Grant funding for a total of $3,281,747 for the period of December 1, 2011 through November 30, 2015, subject to non-substantive changes by the City Manager and City Attorney: • AGMT NO. 2012-013 - With Santa Ana College to provide recruitment, pre-engineering math courses, curriculum development, student assessment, counseling, mentoring, and tutoring in the amount of $784,450; • AGMT NO. 2012-014 - With Saddleback College to provide recruitment, pre-engineering math courses, curriculum development, student assessment, counseling, mentoring, and tutoring in the amount of $763,854; • AGMT NO. 2012-015 - With University of California Irvine to provide recruitment, academic counseling, mentoring, support, career exploration, and internship development in the amount of $226,500; • AGMT NO. 2012-016 - With California State University Fullerton to provide curriculum development, academic counseling, internship development, and field trips in the amount of $141,380; • AGMT NO. 2012-017 - With Canada College to provide curriculum design assistance and technical assistance in the amount of $67,573; • AGMT NO. 2012-018 - With Growth Sector to provide coordination of curriculum development, project management, student support, and internship development in the amount of $951,390; • AGMT NO. 2012-019 - With Rapid Tech to provide software, recruiting of industry partners, internship development, and a summer engineering institute program in the amount of $316,600; • AGMT NO. 2012-020 - With OCTANe to provide On-the-Job Training development in the amount of $30,000. CITY COUNCIL MINUTES 9 FEBRUARY 6, 2012 1 0A-9 MOTION: Sarmiento SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Bustamante, Sarmiento, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Pulido (2) 20B AGREEMENTS AND APPROPRIATION ADJUSTMENT FOR CARNIVALS AT CITY OWNED PARKS - Parks, Recreation & Community Services Agency MOTION: 1. Authorize the City Manager and Clerk of the Council to execute agreements, subject to non-substantive changes approved by the City Manager and City Attorney. • AGMT NO. 2012-021 - With Fiesta de Carnival in the amount of $22,500 for a one-year term • AGMT NO. 2012-022 - With "O" Entertainment in the amount of $15,250 for a one-year term • AGMT NO. 2012-023 - With Robert Acosta & Associates in the amount of $13,500 for a one-year term 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2012-118 - Recognizing projected carnival revenue in the amount of $51,250 in the Recreation Special Fees and Donations revenue account and appropriate funds to the Recreation Special Fees and Donations expenditure account 20C APPROPRIATION ADJUSTMENT TO TRANSFER FUNDS TO THE SUCCESSOR AGENCY OF THE FORMER REDEVELOPMENT AGENCY - Community Development Agency MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) CITY COUNCIL MINUTES 10 FEBRUARY 6, 2012 1 0A-10 APPROPRIATION ADJUSTMENT NO. 2012-120 - Transferring fund balances from the former Community Redevelopment Agency of the City of Santa Ana to the City, acting as the Successor Agency SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES MOTION: Award in accordance with Request for Council Action. (Items 22A through 22C) 22A SPEC. NO. 12-007 - CISCO SMARTNET MAINTENANCE RENEWAL - Award a contract to En Pointe Technologies Sales, Inc. in an amount not to exceed $43,200 - Finance & Management Services 22B SPEC. NO. 12-010 - PROPANE POWERED SEWER PIPE TRUCK - Award a contract to Downtown Ford Sales in an amount not to exceed $142,800 (Public Works Agency) - Finance & Management Services 22C SPEC. NOS. 09-001 AND 09-035 - COLD WATER METERS AND MISCELLANEOUS SUPPLIES - Renew the contract with Badger Meter, Inc. for a one-year period in an amount not to exceed $170,000 (Public Works Agency) - Finance & Management Services AGREEMENTS 25A ENVIRONMENTAL SERVICES TO PREPARE AN ENVIRONMENTAL IMPACT REPORT (EIR) FOR A PARKING STRUCTURE FOR MATER DEI HIGH SCHOOL - 1202 WEST EDINGER AVENUE - Planning and Building Agency MOTION: 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. 2012-024 - With RBF Consulting in an amount not to exceed $164,631 LAND USE MATTERS CONDITIONAL USE PERMITIVARIANCES 31A CONDITIONAL USE PERMIT NO. 2011-09 (APPEAL NO. 2011-01) TO AMEND CERTAIN CONDITIONS FOR MARISCOS ZAMORA CITY COUNCIL MINUTES 11 FEBRUARY 6, 2012 1 0A-11 RESTAURANT - 3701 WEST MCFADDEN AVENUE, SUITES G-J, JOSEFAT ZAMORA, APPLICANT - Planning and Building Agency Recommended action approved by the Planning Commission on December 12, 2011, by a vote of 5-2 (Acosta, Yrarrazaval opposed). Mayor Pro Tern Alvarez requested a continuance on this item. MOTION: Continue consideration of matter to the February 21, 2012 City Council Meeting. MOTION: Bustamante SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Sarmiento, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Pulido (2) **END OF CONSENT CALENDAR** BUSINESS CALENDAR ITEMS RESOLUTIONS 55A RESOLUTION CERTIFYING EIR FOR SAN LORENZO SEWER LIFT STATION AND APPROVAL OF SAN LORENZO SEWER LIFT STATION PROJECT - Public Works Agency Item continued from the January 17, 2012, City Council meeting by a vote of 7-0. MOTION: Continue consideration of matter to the February 21, 2012 City Council Meeting at the request of staff. MOTION: Sarmiento SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Bustamante, Sarmiento, Tinajero (5) NOES: None (0) CITY COUNCIL MINUTES 12 FEBRUARY 6, 2012 1 0A-12 ABSTAIN: None (0) ABSENT: Martinez, Pulido (2) THE CITY COUNCIL MEETING RECESSED AT 7:45 P.M. TO THE HOUSING AUTHORITY MEETING; THE CITY COUNCIL MEETING RECONVENED AT 7:46 P.M. WITH SAME MEMBERS PRESENT. COMMENTS 90A CITY MANAGER'S COMMENTS - None 90B CITY COUNCILMEMBER COMMENTS Councilmember Sarmiento: • Need to address programs and services that will continue post- Redevelopment Agency; focus on creative alternatives to educate youth and community; neighborhood safety paramount. Councilmember Bustamante: • Expressed gratitude to City employees for deferring raise and help solve budget issue. Councilmember Benavides: • Thanked speakers for input, encourage community input and involvement; • Commented on successful contracts in the past related to artist movement; would like to continue those efforts; • Noted value of neighborhood associations; and • Invited all to participate in upcoming open house to discuss circulation election - traffic flow, pedestrian access and transportation modes. Councilmember Tinajero: • Congratulated all awardees at tonight's meeting; impressed with talent of young residents in our community. Mayor Pro Tern Alvarez- • Thanked the community for comments; • Appreciate efforts by colleagues to meet on a weekly basis recently; making strides to address budget related issues; and • Wished all a Happy Valentine's Day. CITY COUNCIL MINUTES 13 FEBRUARY 6, 2012 1 0A-13 ADJOURNED 7:55 p.m. - The next meeting of the City Council is scheduled for Tuesday, February 21, 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 Police Community Room, 60 Civic Center Plaza, Santa Ana, California. Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 14 FEBRUARY 6, 2012 1 0A-14