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Home My WebLink About10A - MINUTESMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA FEBRUARY 21, 2012 CLOSED SESSION MEETING CALLED TO ORDER POLICE COMMUNITY ROOM 60 CIVIC CENTER PLAZA SANTA ANA, CA 5:24 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO (5:41 p.m.) COUNCILMEMBERS Absent: None PUBLIC COMMENTS STAFF Present: PAUL M. WALTERS, Interim City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council None COUNCIL RECESSED to Police Chief's Conference Room, 4th Floor, 60 Civic Center Plaza for Closed Session discussion at 5:25 p.m. CLOSED SESSION ITEMS 1A CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Ed Raya CITY COUNCIL MINUTES 1 FEBRUARY 21, 2012 1 0A-1 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) 1 B CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) 1. Andres Junior Ramirez, et al. v. City of Santa Ana, Orange County Case No. 30-2011-00446307 2. Basilio Martinez v. City of Santa Ana, Orange County Superior Court Case No. 30-2010-00430491 3. Santa Ana California Lodge LLC v. City of Santa Ana, Orange County Superior Court Case Nos. 30-2009-00249020 and 30-2009-00118768 *Councilmember Martinez left the meeting at 5:55 p.m. due to a conflict of interest (campaign contribution) and returned at 6:00 p.m. 1C CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION pursuant to Government Code Section 54956.9(b) - Two 1 D PUBLIC EMPLOYEE EMPLOYMENT AND APPOINTMENT pursuant to Government Code Section 54957(b)(1) CITY COUNCIL MINUTES 2 FEBRUARY 21, 2012 1 0A-2 Title: City Attorney; and City Manager CLOSED SESSION REPORT - See Item 19A for Report. ADJOURNED THE CLOSED SESSION MEETING AT 6:12 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 3 FEBRUARY 21, 2012 1 0A-3 OPEN SESSION MEETING CALLED TO ORDER POLICE COMMUNITY ROOM 60 CIVIC CENTER PLAZA SANTA ANA, CA 6:19 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tem P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO COUNCILMEMBERS Absent: None PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT STAFF Present: PAUL M. WALTERS, Interim City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO See Agenda Item 19A for Report. PUBLIC COMMENT • John Carr, representing In God We Trust America, asked the City Council to consider adding discussion of "In God We Trust" motto in the Council Chamber at the next City Council meeting. • Larry DeCrona, representing Superior Property Services, spoke on Agenda Item 25E, objects to renewal of contract. • Barry Woods, representing Graffiti Control, spoke on Agenda Item 25E; urged City Council to vote no on item and re-bid the contract. • David Hunt, of Friedman, Stroffe and Gerard, commented on Agenda Item 25E; advocated on behalf of competitive company to re-bid contract. • Connie Hamilton, representing Connect-to-Council, hosting meeting at Washington Elementary School on February 291h at 7 p.m.; invited all to attend meeting. • Brad Torgan, representing the Silverstein Law Firm, addressed the City Council on Agenda Item 5513; opposed to staff recommendations; submitted letter of protest for the record. CITY COUNCIL MINUTES 4 FEBRUARY 21, 2012 1 0A-4 • Chris Roelle, representing the Santa Ana Firemen's Benevolent Association, commented on the 128-year history of the Fire Department and serving the Santa Ana community; willing to go to the Orange County Fire Authority. • Thomas Gordon, commented on Agenda Item 25E, noted that contractor doing a good job; graffiti has not decreased; suggested that the City enforce ordinance and hold violators accountable. CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 10A through 31B with the following modifications: • Mayor Pulido pulled Agenda Item 25E for separate discussion; and • Councilmember Martinez abstained on Agenda Item 31A due to a conflict of interest (campaign contribution). MOTION: Alvarez SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 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 FEBRUARY 6, 2012 - Clerk of the Council Office MOTION: Approve Minutes. BOARDS / COMMISSIONS / COMMITTEES 13A REAPPOINTMENT OF WORKFORCE INVESTMENT BOARD MEMBERS - Community Development Agency CITY COUNCIL MINUTES 5 FEBRUARY 21, 2012 1 0A-5 MOTION: Reappoint Rob Claudio, Gilbert Davila, David Elliott, Lee de Leon, Marjorie Knitter, Erlinda Martinez, Steve Piwnica, Clarence Ray, Carlos de la Riva, Stacey Sanchez, and Daniel Su to the Santa Ana Workforce Investment Board for four-year terms expiring March 31, 2015. 13B COUNCIL COMMITTEE REPORTS - Police Department MOTION: Receive and file the Public Safety Committee Minutes of September 27, 2011. MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT - None. 19B EXCUSED ABSENCES - None 19C QUARTERLY REPORT OF CONTRACTS ENTERED INTO BY THE CITY MANAGER - Finance & Management Services MOTION: Receive and file the Quarterly Report of Contracts entered into between October 1, 2011 to December 31, 2011, valued at $25,000 and less. 19D REQUEST FOR PROPOSALS FOR ENVIRONMENTAL SERVICES FOR THE BAT NHA BUDDHIST MEDITATION CENTER, 803 SOUTH SULLIVAN STREET - Planning and Building Agency MOTION: Authorize the Planning and Building Agency to send a Request for Proposals to qualified consulting firms to provide environmental services for a new meditation center for the Bat Nha Buddhist Temple. 19E REQUEST FOR PROPOSALS FOR ENVIRONMENTAL SERVICES FOR THE CALVARY CHURCH EXPANSION PROJECT, 1010 NORTH TUSTIN AVENUE - Planning and Building Agency MOTION: Authorize the Planning and Building Agency to send a Request for Proposals to qualified consulting firms to provide environmental services for the expansion of Calvary Church. CITY COUNCIL MINUTES 6 FEBRUARY 21, 2012 1 0A-6 BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A AGREEMENTS WITH THE CALIFORNIA STATE LIBRARY AND APPROPRIATION ADJUSTMENT FOR LIBRARY SERVICES ENHANCEMENT GRANTS - 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. 2012-025 - With the California State Library in the amount of $5,000 for a Library Services and Technology Act (LSTA) program, Digitizing Yourself into the Internet Community. • AGMT NO. 2012-026 - With the California State Library in the amount of $4,983 for a Library Services and Technology Act program, Literacy on the Move. • AGMT NO. 2012-027 - With the California State Library in the amount of $3,000 for a Library Services and Technology Act program, Santa Ana Youth Overcoming Obstacles. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2012-125 - Recognizing $12,983 in the LSTA Grant Awards revenue account and appropriating same to expenditure account. SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES MOTION: Award in accordance with Request for Council Action. (Items 22A through 22C) 22A SPEC. NO. 12-009 - AMMUNITION - Award a contract for a total aggregate amount not to exceed $98,500 with the vendors listed below (Police Department) - Finance & Management Services: Vendor Adamson Police Products Dooley Enterprises, Inc CITY COUNCIL MINUTES 7 Location Los Alamitos, CA Anaheim, CA FEBRUARY 21, 2012 1 0A-7 Grace Ammo, LLC Eagle, CO San Diego Police Equipment San Diego, CA 22B SPEC. NO. 12-017 - SECURITY SYSTEM CAMERAS, HARDWARE, AND MAINTENANCE (UASI FUNDED) - Award a contract to Mallory Safety & Supply Company in an amount not to exceed $217,000 (Police Department) - Finance & Management Services 22C SPEC. NO. 11-069 AND 12-013 - CORBIN CENTER RE-ROOFING PROJECT (Parks, Recreation & Community Services Agency) - Finance & Management Services • Reject the contract award to Cook Coatings, Inc. for re-roofing the Corbin Center in an amount not to exceed $41,790. Award a contract to Foam Experts Roofing, Inc. for the Corbin Center re-roofing project in an amount not to exceed $41,000. PROJECTS/CHANGE ORDERS 23A CONTINGENCY INCREASE FOR BRISTOL-WARNER INTERSECTION (PROJECT NO. 091752) - Public Works Agency MOTION: Increase the contingency for the contract with Hillcrest Contracting Inc. for the construction of the Bristol-Warner Intersection Widening Project by $250,000 to a total estimated contract amount of $1,587,091 and authorize the City Manager to execute change orders in an amount not to exceed the authorized contingency. 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 and/or actions as noted on the Request for Council Action report. (Item 25A through 25D and 25F) 25A AGMT NO. 2012-028 - MEDICAL SUPPLIES AND PHARMACEUTICALS - Execute an amendment with Santa Ana Western Medical Center in an amount not to exceed $40,000 annually - Fire Department CITY COUNCIL MINUTES 8 FEBRUARY 21, 2012 1 0A-8 25B AGMT NO. 2012-029 - JAIL MANAGEMENT SYSTEM MAINTENANCE - With Advanced Technology Information Management Systems (ATIMS) in an amount not to exceed $105,000 - Police Department 25C AMENDMENTS - HOMELESSNESS PREVENTION AND RAPID RE- HOUSING PROGRAM AGREEMENTS - Community Development Agency • AGMT NO. 2012-030 - With Olive Crest decreasing the Homelessness Prevention grant amount by $40,000. • AGMT NO. 2012-031 - With Public Law Center increasing the Homelessness Prevention grant amount by $20,000. • AGMT NO. 2012-032 - With Mercy House increasing the Homelessness Prevention grant amount by $20,000. 25D AGMT NO. 2012-033 - FOUNTAIN MAINTENANCE SERVICES AT THE SANTA ANA REGIONAL TRANSPORTATION CENTER - Execute an amendment with Service 1st in an annual amount of $3,300 for a total agreement amount not to exceed $39,990 - Parks, Recreation & Community Services Agency and Public Works Agency 25E RENEWAL OF AGREEMENT FOR GRAFFITI REMOVAL SERVICES Execute a renewal with Graffiti Protective Coatings, Inc., in an amount not to exceed $600,000 for the period of March 1, 2012 through February 28, 2013 - Public Works Agency Mayor Pulido requested a continuance to allow staff to review comments made at tonight's meeting and scope of service. MOTION: Continue consideration of matter for 30 days. MOTION: Alvarez SECOND: Sarmiento Council discussion ensued. Councilmember Martinez asked that item come back for council consideration in two-weeks rather than 30 days since contract expiring in February. Councilmember Bustamante echoed comments that contractor doing a good job, but would support motion. Councilmember Tinajerno clarified that City is enforcing graffiti ordinance. CITY COUNCIL MINUTES 9 FEBRUARY 21, 2012 1 0A-9 SUBSTITUTE MOTION: Continue consideration of matter to the March 5, 2012 City Council Meeting. MOTION: Alvarez SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 25F AGMT NO. 2012-034 - WEB-SITE MAINTENANCE AND COMMUNICATION SERVICES FOR EMERGENCY PREPAREDNESS (UASI FUNDED) - Execute an amendment with Westbound Communications in an additional amount of $24,000, for a new total contract amount of $174,000 - Police Department LAND USE MATTERS CONDITIONAL USE PERM ITIVARIANCES 31A CONDITIONAL USE PERMIT NO. 2011-09 (APPEAL NO. 2011-01) TO AMEND CERTAIN CONDITIONS FOR MARISCOS ZAMORA 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 and Yrarrazaval opposed). Continued from the February 6, 2012 City Council Meeting by a vote of 5-0 (Martinez and Pulido, absent). MOTION: Receive and file the staff report approving Conditional Use Permit No. 2011-09 (Appeal No. 2011-01). *Councilmember Martinez abstained on Item 31A due to a conflict of interest. (campaign contribution) 31 B CONDITIONAL USE PERMIT NO. 2011-25 TO ALLOW THE CONSTRUCTION OF A 60-FOOT HIGH WIRELESS FACILITY STEALTHED AS A EUCALYPTUS TREE LOCATED IN THE LIGHT CITY COUNCIL MINUTES 10 FEBRUARY 21, 2012 1 0A-10 INDUSTRIAL (M1) ZONING DISTRICT - 1301 EAST WARNER AVENUE; FILED BY TRILLIUM CONSULTING INC., REPRESENTING AT&T WIRELESS - Planning and Building Agency Recommended action approved by the Planning Commission on January 23, 2012, by a vote of 6-0 (Turner absent). MOTION: Receive and file the staff report approving Conditional Use Permit No. 2011-25 as conditioned. **END OF CONSENT CALENDAR** BUSINESS CALENDAR ITEMS RESOLUTIONS 55A RESOLUTION CERTIFYING ENVIRONMENTAL IMPACT REPORT (EIR) FOR SAN LORENZO SEWER LIFT STATION AND CONCEPTUAL 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; continued from the February 6, 2012, City Council meeting by a vote of 5-0 (Pulido and Martinez absent). Clerk of the Council Huizar noted that maps submitted by staff would be entered into the record. MOTION: 1. Adopt a resolution. RESOLUTION NO. 2012-001 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR THE SAN LORENZO SEWER LIFT STATION PROJECT, ADOPTING CERTAIN FACTS, FINDINGS AND A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM 2. Conceptually approve the proposed San Lorenzo Sewer Lift Station as described in the Final EIR. MOTION: Alvarez SECOND: Bustamante CITY COUNCIL MINUTES 11 FEBRUARY 21, 2012 1 0A-11 VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55B RESOLUTION SUSPENDING CREDIT CARD/ELECTRONIC FUNDS TRANSFER TRANSACTION FEE - Finance & Management Services MOTION: Adopt a resolution. RESOLUTION NO. 2012-004 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUSPENDING THE CREDIT CARD / ELECTRONIC FUNDS TRANSFER TRANSACTION FEE MOTION: Alvarez SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) *Councilmember Martinez left the room due to a conflict of interest (campaign contribution) at 6:41 p.m. for Items 60A, 60B, and 60C. ADMINISTRATIVE MATTERS - BUSINESS 60A AGREEMENT WITH THE FIREMEN'S BENEVOLENT ASSOCIATION (FBA) - RIGHTS AND ENTITLEMENTS OF MEMBERS Council discussion ensued. Mayor Pro Tern Alvarez noted that discussion to contract fire services started many months ago, difficult because of great working relationships over the years; thanked all fire staff; many will remain in the City; City approving partnership with Orange County Fire Authority (OCFA); will re-evaluate contract in six years; urged all to provide feedback on services. Councilmember Sarmiento indicated that decision difficult, but needed for solvency of the City; thanked OCFA for partnership; negotiations have CITY COUNCIL MINUTES 12 FEBRUARY 21, 2012 1 0A-12 been smooth and thanked all for making that possible; OCFA acquiring high level staff. Councilmember Bustamante echoed comments; fire staff to wear different uniform, but remain in City and continue to provide high quality service to our community; will continue to attend events. Councilmember Benavides reflected that Santa Ana Fire Department has been tradition for past 128 years; OCFA offers great stability that will continue tradition. Councilmember Tinajero commented that OCFA taking on highly trained and motivated staff; thanked firefighters for being solution to City's financial problem. Mayor Pulido thanked Interim City Manager Paul Walters, Fire Chief Dave Thomas, and OCFA Chief Keith Richter for work in making partnership possible. MOTION: Authorize the City Manager and Clerk of the Council to execute the agreement, subject to non-substantive changes approved by the City Manager and City Attorney. AGMT NO. 2012-035 - With the Firemen's Benevolent Association regarding the rights and entitlements of members should the City contract with the Orange County Fire Authority to provide firefighting and related services - Personnel Services Agency MOTION: Alvarez SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Bustamante, Pulido, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: Martinez (1) ABSENT: None (0) 60B AGREEMENT WITH THE FIRE MANAGEMENT ASSOCIATION (FMA) - RIGHTS AND ENTITLEMENTS OF MEMBERS Mayor Pro Tern Alvarez noted that Santa Ana Fire Department is designated as Class A, proud to have highest level; thanked fire management for making that possible; City reviewed other options prior to outsourcing, but OCFA most feasible. CITY COUNCIL MINUTES 13 FEBRUARY 21, 2012 1 0A-13 MOTION: Authorize the City Manager and Clerk of the Council to execute the agreement, subject to non-substantive changes approved by the City Manager and City Attorney. AGMT NO. 2012-036 - With the Fire Management Association regarding the rights and entitlements of members should the City contract with the Orange County Fire Authority to provide firefighting and related services - Personnel Services Agency MOTION: Alvarez SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Pulido, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: Martinez (1) ABSENT: None (0) 60C AGREEMENT WITH THE ORANGE COUNTY FIRE AUTHORITY (OFCA) - OUTSOURCING FIRE AND EMERGENCY MEDICAL SERVICES Mayor Pro Tern Alvarez stated for the record that the City will evaluate contract renewal in 2018; OFCA has requested protection from the City through posting of a bond not required by any other OCFA member agency; City to seek protection too and asked that bond requirement be reviewed in 2 years; concerned with unfunded liability; Public Safety Committee to have evaluation process for OCFA contract. MOTION: Authorize the City Manager and Clerk of the Council to execute the agreement, subject to non-substantive changes approved by the City Manager and City Attorney. AGMT NO. 2012-037 - With the Orange County Fire Authority for the purposes of outsourcing fire and emergency medical services effective April 20, 2012 for an eight-year term with renewal options - City Manager's Office MOTION: Bustamante SECOND: Tinajero VOTE: AYES: Alvarez, Benavides, Bustamante, Pulido, Sarmiento, Tinajero (6) NOES: ABSTAIN: None (0) Martinez (1) CITY COUNCIL MINUTES 14 FEBRUARY 21, 2012 1 0A-14 ABSENT: None (0) *Councilmember Martinez returned to the meeting at 7:09 p.m. COMMENTS 90A CITY MANAGER'S COMMENTS • Interim City Manager Walters thanked the City Council, staff, and union representatives for working on the Fire Department outsourcing. 90B CITY COUNCILMEMBER COMMENTS Councilmember Tinajero: • Commented on bittersweet decision to outsource the fire department, but OCFA is a great organization; budget efforts have realized significant savings. Councilmember Benavides: • Echoed comments made earlier; budget decisions have not been easy, but necessary to address $30 million deficit; have avoided massive layoffs; look forward to stability of the City. Councilmember Bustamante: • Acknowledged the Orange County Fire Authority efforts, keeping City logo on fire apparatus; look forward to great partnership. Councilmember Martinez: • Noted that she was not able to vote on fire outsourcing matters; thanked colleagues for making tough decisions; recognized professionalism and leadership of firefighters; community will continue to receive fire related services; thanked staff for moving City forward. Councilmember Sarmiento: • Cautioned that City making strides toward financial health, but more work needed; structural changes required; and • Fire Department recently recognized for 128th Anniversary; OCFA absorbing Class A fire department with highly trained and qualified personnel. *Councilmember Tinajero left the meeting at 7:19 p.m. and did not return. Mayor Pro Tern Alvarez: • Commented that all 10 fire stations to remain open; change staffing of each fire engine from 4 to 3 staff members; fire staff will continue to CITY COUNCIL MINUTES 15 FEBRUARY 21, 2012 1 0A-15 attend community events; fire station number changing to add a 70 in front, i.e. Station 1 will be 71; and • Urged all to visit the Santa Ana Fire Department Museum at Station 5. Mayor Pulido: • Noted that firefighters still voting (on rights and entitlements of members) as it related to the outsourcing of fire services; • City to host commemorative event to mark the partnership between the City and the OCFA; • City will continue to receive high quality fire services; and • Thanked all for efforts made to allow City to have better financial health. ADJOURNED- 7:25 P.M. - The next meeting of the City Council is scheduled for Monday, March 5, 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. Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 16 FEBRUARY 21, 2012 1 0A-16