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HomeMy WebLinkAbout2014-02-18 RegularMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA FEBRUARY 18, 2014 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:08 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor ANGELICA AMEZCUA (5:10 p. m.) P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA VINCENT F. SARMIENTO (5:10 p.m.) COUNCILMEMBERS Absent: SAL TINAJERO, Mayor Pro Tern STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS — None COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:09 p.m. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: • JOINT ITEM — City of Santa Ana, Successor Agency and Housing Authority: Peebler vs. State of California Superior Court Case No. 34-2012-80001172; Court of Appeal Case No. C073698 CITY COUNCIL MINUTES 1 FEBRUARY 18, 2014 • JOINT ITEM — City of Santa Ana, Successor Agency and Housing Authority: Cuenca vs. State • JOINT ITEM — City of Santa Ana, Successor Agency and Housing Authority: City of Santa Ana vs. Ana Matosantos (DOF) Case No. 34-2013-80001477 • Jose Arceo v. City of Santa Ana Orange County Superior Court Case No. 2013-00640199 • City of Santa Ana y. Gallegos Brothers (Grande Bake Orange County Superior Case No. 30-2013-00630810 CLOSED SESSION REPORT — See Item 19A. for reportable actions. ADJOURNED THE CLOSED SESSION MEETING AT 5:44 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 2 FEBRUARY 18, 2014 REGULAR OPEN SESSION CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:45 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA VINCENT F. SARMIENTO COUNCILMEMBERS Absent: SAL TINAJERO, Mayor Pro Tern STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PLEDGE OF ALLEGIANCE ADRIAN HERNANDEZ, SIERRA PREPARATORY ACADEMY INVOCATION JANE HETHERINGTON RAUTH, POLICE CHAPLAIN PRESENTATIONS PROCLAMATION presented by COUNCILMEMBER BENAVIDES recognizing Black History Month. Proclamation will be accepted by Pastor Gale Oliver, Greater Light Missionary Baptist Church. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER REYNA to the El Sol Playground Build Planning Committee for volunteering their time on this valuable project. Committee Members: Adelina Ardelean Laurel Laidlaw Raquel Campos Benjamin Lopez Julie Castro Sylvia May CITY COUNCIL MINUTES 3 FEBRUARY 18, 2014 Monique Davis Annel Del Toro Sara Flores Marcus Gallagher Yeny Guido Cinthia Guido Kelly Mendoza Candice Morales Morgan Ordaz Rafael Orozco Clare Petrotta Bertha Picasso CLOSED SESSION REPORT - Nothing reported out of Closed Session. PUBLIC COMMENT • Steve Rocco, indicated that he would be candidate for Orange County Public Administrator and commented on other matters; • Armando Felix Cardenas, expressed interest in building homeless facility at former YMCA facility. • David Exline, recently elected President of the Santa Ana Friends of the Zoo, presented new Board; noted grant and donations have allowed for expanded services at the Zoo; invited all to attend. • Peter Katz, commented on parking validation system; urged City to coordinate efforts with County. • Steve McGuigan, representing America Cancer Society, invited all to participate in Santa Ana's Relay for Life event to be held on April 12; important to honor Cancer survivors; outreach to survivors. • Barbara Lamere, commented on Centennial Park matter; concerned with Pacific Electric area; establish an Ethics Committee. • Nick Spain, representing Old Orchard Conservancy, spoke in opposition of proposed Sexlinger project; concerned with Environmental Impact Report. • Jeannie Gillett, representing Old Orchard Conservancy, noted that there was no timeline set to approve Sexlinger project; • Steve Ray, representing Old Orchard Conservancy, read definition of "orchard" and if proposed development approved then would be orchard yard. • Theodore Hirsch, spoke on Strategic Plan and police force; restore justice. MATTER TAKEN OUT OF ORDER CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER SARMIENTO to the following organizations that collaborated on the Vista Del Rio Project. Recognitions will be accepted by: AMCAL A Community of Friends Foundation for Affordable Housing Dayle McIntosh Center CITY COUNCIL MINUTES 4 FEBRUARY 18, 2014 PUBLIC COMMENTS (Cont.) • Madeleine Spencer, thanked staff for efforts on Strategic Plan. • Guadalupe Mata, invited all to attend event scheduled for April 17th to honor former Santa Ana Police Officer Jose Vargas; presented copy of biography. CONSENT CALENDAR MOTION: Approve Consent Calendar Items 10A through 31B as recommended by staff with the following modifications: • Councilmember Martinez pulled Agenda Item 25C and 251 (Agenda Items 25B and 25G approved as part of Consent Calendar). MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: MINUTES SECOND: Sarmiento Amezcua, Benavides, Sarmiento (6) None (0) None (0) Tinajero (1) ADMINISTRATIVE MATTERS Martinez, Pulido, Reyna, Separate actions show 10A. MINUTES FROM THE REGULAR MEETING OF FEBRUARY 4, 2014 - Clerk of the Council Office MOTION: Approve Minutes. BOARDS / COMMISSIONS / COMMITTEES 13A. REAPPOINTMENTS TO THE SANTA ANA WORKFORCE INVESTMENT BOARD - Community Development Agency CITY COUNCIL MINUTES 6 FEBRUARY 18, 2014 MOTION: Reappoint Patricia Carter, John Didion, Willia Edmonds, Bob Fischer, Beatriz Gonzalez, Ana Jimenez-Hami, Gregory Lewis, and Darren Rutledge to the Santa Ana Workforce Investment Board for four-year terms expiring March 31, 2018. 13B. NOMINATED BY MAYOR PULIDO AS THE CITYWIDE REPRESENTATIVE TO THE ARTS AND CULTURE COMMISSION FOR A FULL TERM EXPIRING DECEMBER 9, 2014 — Clerk of the Council Office MOTION: Appoint Don Cribb to the Arts and Culture Commission for. a full term expiring December 9, 2014 (Ward 3 resident). 13C. COUNCIL COMMITTEE REPORTS - Parks, Recreation & Community Services Agency MOTION: Receive and file Parks, Recreation, Education and Youth minutes of October 28, 2013. MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — None 19B. EXCUSED ABSENCES - Clerk of the Council Office MOTION: Excuse the absence of Mayor Pro Tern Tinajero from the February 18, 2014 City Council Meeting. 19C. REQUEST FOR PROPOSALS FOR PROVIDING CUSTODIAL SERVICES AT CITY PARK RESTROOMS - Parks, Recreation & Community Services Agency MOTION: Authorize the Parks, Recreation and Community Services Agency to issue a Request for Proposals to qualified companies to provide custodial services at city park restrooms. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A. AGREEMENT WITH THE CAL HUMANITIES AND APPROPRIATION ADJUSTMENT FOR LIBRARY SERVICES ENHANCEMENT (GRANT FUNDED) - Parks, Recreation & Community Services Agency CITY COUNCIL MINUTES 6 FEBRUARY 18, 2014 MOTION: 1. AGMT NO. 2014-047 - Authorize the City Manager and Clerk of the Council to execute an agreement with Cal Humanities in the amount of $7,500, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2014-066 - Recognizing grant revenue in an amount of $7,500 in the Library Services Grant revenue account and appropriating funds to the Library Services Grant expenditure accounts. 2013. AGREEMENT, SALES ORDER AND APPROPRIATION ADJUSTMENT FOR PURCHASE OF A USED TRAILER AT THE SANTA ANA ZOO AT PRENTICE PARK - Parks, Recreation & Community Services Agency MOTION: 1. AGMT NO. 2014-048 - Authorize the City Manager and Clerk of the Council to execute an agreement with Friends of Santa Ana Zoo, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and Clerk of the Council to execute a Sales Order with Golden Office Trailers, subject to non -substantive changes approved by the City Manager and City Attorney. 3. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2014-065 - Approve an appropriation adjustment recognizing donation revenue in the amount of $29,975 in PRCSA Fees and Donations revenue account and appropriating funds to the PRCSA Fees and Donations expenditure account. SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. SPEC. NO. 14-004 - AMMUNITION - (Police Department) - Finance & Management Services MOTION: Award contracts for the purchase of ammunition for a total aggregate amount not to exceed $141,300 with the following vendors, subject to non -substantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES 7 FEBRUARY 18, 2014 Vendor: Adamson Police Products Dooley Enterprises, Inc Proforce Marketing, Inc San Diego Police Equipment Location: Los Alamitos, CA Anaheim, CA Prescott, AZ San Diego, CA 25A. AGMT NO. 2014-049 - URBAN AREA HOMELAND SECURITY (UASI) MULTI- YEAR TRAINING AND EXERCISE PROGRAMS AND PROGRAM MANAGEMENT SERVICES (GRANT FUNDED) - Police Department MOTION: Authorize the City Manager and Clerk of the Council to execute an amendment with Willdan Homeland Solutions to add $500,000 making the total agreement not to exceed $1.5 million, expiring September 30, 2015. 25B. AGMT NO. 2014-050 - THE NEXT GENERATION 800 MHZ COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM — Police Department MOTION: Authorize the City Manager to sign a letter of agreement committing the City to participate in the first phase of the new 800 MHz project and direct staff to identify funding in the FY 14-15 budget in an amount of $143,399 for replacement radios. 25C. AGMT NO. 2014-051 - PREPARATION OF A SANITARY sLWER ANDrWATEI FINANCIAL PLAN,- Public Works Agency Councilmember Martinez concerned with amendment of contract although the City Council has not received the Plan for original request; asked staff to work closely with Water and Sanitary District representatives to address regional and state matters of concern. Acting Public Works Director Galvez noted that information outdated since Plan needs to be update financial model. Councilmember Benavides requested Plan as they pertain to the Sanitation District, MOTION: Authorize the City Manager and the Clerk of the Council to execute a second amendment with Black & Veatch Corporation, subject to nonsubstantive changes approved by the City Manager and City Attorney in an amount not to exceed $100,000 and expiring December 31, 2014. MOTION: Amezcua SECOND: Pulido CITY COUNCIL MINUTES 8 FEBRUARY 18, 2014 VOTE: AYES: Amezcua, Benavides, Reyna, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) Martinez, Pulido, 25D. AGMT NO. 2014-052- WATER SYSTEM COMPUTER MODELING SERVICES - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with IDModeling, Inc., subject to nonsubstantive changes approved by the City Manager and City Attorney, for a one-year period expiring on December 31, 2014 with provisions for three one-year renewals, in an amount not to exceed $300,000. 25E. AGMT NO. 2014-053 - DIGITAL WATER MAPPING SERVICES - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with iWater, Inc., subject to nonsubstantive changes approved by the City Manager and City Attorney, for a one-year period expiring on December 31, 2014, in an amount not to exceed $150,000. 25F. AGMT NO. 2014-054 - ON -CALL LANDSCAPE ARCHITECTURE CONSULTING SERVICES Public Works Agency and Community Development Agency MOTION: Authorize the City Manager and Clerk of the Council to execute a first amendment with Tatsumi and Partners, Inc., subject to nonsubstantive changes approved by the City Manager and City Attorney, in an amount of $67,349, for a total not -to -exceed amount of $367,349 expiring June 30, 2016. 25G. AGMT NO. 2014-055 - TEMPORARY ENGINEERING AND TECHNICAL SUPPORT SERVICES - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Project Partners, subject to nonsubstantive changes approved by the City Manager and City Attorney, for a 15-month period expiring on June 30, 2015, in an amount not to exceed of $300,000. CITY COUNCIL MINUTES 9 FEBRUARY 18, 2014 NPU 251 AGMT NO. 2014-056 - RIGHT OF ENTRY AGREEMENT TO INSTALL FIBER OPTIC CABLE IN AUTO MALL DRIVE - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with PAG West, LLC, to grant a revocable encroachment permit to install a fiber optic cable at a second location across Auto Mall Drive. AGMT NO. 2014-057 — PURCHASE OF 60!P08T`TOP LED STREET LIGH+r' Public Works Agency Councilmember Martinez request staff evaluates illumination levels of LEDs. Acting Public Works Director Galvez explained that only one -side of block installed, thus causing inconsistency. Staff to follow up and explain to residents affected. MOTION: Authorize the City Manager and Clerk of the Council to amend the agreement with Powerlux Corporation to increase compensation by $22,000, in an amount not to exceed $147,000, expiring on June 30, 2014, subject to non -substantive changes approved by the City Manager and City Attorney. MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Benavides Amezcua, Benavides, Reyna, Sarmiento (6) None (0) None (0) Tinajero (1) Martinez, Pulido, CITY COUNCIL MINUTES 10 FEBRUARY 18, 2014 LAND USE MATTERS CONDITIONAL USE PERMIT/VARIANCES 31A. CONDITIONAL USE PERMIT NO. 2013-49 TO ALLOW A TYPE 21 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR A SMART & FINAL EXTRA STORE TO BE LOCATED AT 1308 WEST EDINGER AVENUE - JOHN LE, APPLICANT - Planning and Building Agency Planning Commission approved recommended action on January 27, 2014, by a vote of 6-0 (Yrarrazaval absent). MOTION: Receive and file the staff report approving Conditional Use Permit No. 2013-49 as conditioned. 31B. CONDITIONAL USE PERMIT NO. 2013-52 TO ALLOW A DOG KENNEL AT 3203 SOUTH HARBOR BOULEVARD - CHRISTY THOM, APPLICANT - Planning and Building Agency Planning Commission approved recommended action on January 27, 2014, by a vote of 6-0 (Yrarrazaval absent). Councilmember Martinez commented on matter; asked staff to consider open spaces for walking dogs and future open space planning. MOTION: Receive and file the staff report approving Conditional Use Permit No. 2013-52 as conditioned. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Benavides Amezcua, Benavides, Reyna, Sarmiento (6) None (0) None (0) Tinajero (1) **END OF CONSENT CALENDAR** Martinez, Pulido, CITY COUNCIL MINUTES 11 FEBRUARY 18, 2014 BUSINESS CALENDAR RESOLUTIONS 55A. NOMINATE AND APPOINT NEW REPRESENTATIVE (ROMAN REYNA) AND AN ALTERNATE (ANGELICA AMEZCUA) TO THE ORANGE COUNTY FIRE AUTHORITY (OCFA) BOARD - Clerk of the Council Office MOTION: Adopt a resolution. RESOLUTION NO. 2014-007 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, REPEALING RESOLUTION NO. 2013-001 AND DESIGNATING AND APPOINTING A NEW REPRESENTATIVE AND ALTERNATE TO THE ORANGE COUNTY FIRE AUTHORITY'S BOARD OF DIRECTORS MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Amezcua Amezcua, Benavides, Reyna, Sarmiento (6) None (0) None (0) Tinajero (1) COMMENTS 90A. CITY MANAGER'S COMMENTS Martinez, Pulido, Thanked and recognized the service of Interim Executive Director of Community Development, Nancy Fong. 90B. CITY COUNCILMEMBER COMMENTS Councilmember Amezcua: • Invited all to attend Plaza Primavera event in Downtown Santa Ana that will take place on March 22"d from 4-8 p.m. and • Requested a quarterly progress report on contract expenses. Councilmember Reyna: • Recognized El Sol Committee and fruition; parents involved in bringing project to CITY COUNCIL MINUTES 12 FEBRUARY 18, 2014 • Commented on SACReD's clean-up day held over the weekend; • Invited all to the Santa Ana Zoo at Prentice Park's 62"d Anniversary celebration taking place on March 1-2; • Concurred with Councilmember Amezcua to prepare report on consultants/contracts expenses and project status; and • Encouraged all to shop in Santa Ana. Councilmember Benavides: • Adjourn in Memory of Alex Serrano, Jr., who was a victim of gang violence; spoke of former Early Prevention and Intervention Commission that was disestablished a few years ago; Strategic Plan should include re-entry programs. Councilmember Martinez: • Wished Interim Executive Director of Community Development Agency, Nancy Fong, a happy retirement and thanked her for her service to the City; • Commented that the intersection of 3rd and Broadway crosswalk is dark; pedestrian and bicycling safety important; requested update on project with enhanced lighting; • Concerned with parking validation and ticketing policy; staff to review process; • Opined that City has obligation to address homeless issue; partner with County of Orange and 20120 Homeless Commission; Public Safety Council Committee to consider matter; • PREY Committee to review Park's permit process; need to create a balance for all users; important to build healthier community and inclusive of all stakeholders; • Request City use award -winning tap water rather than bottled water; • Invited all to attend the Bicycle Safety Forum on Saturday, February 22"d at the Santa Ana Main Library from 3-5 p.m.; • Thanked staff for continued hard work and dedication; and • Encouraged all to attend the Strategic Plan Work Study Session on February 22, 2014 at the Southwest Senior Center at 10 a.m. Councilmember Sarmiento: • Thanked staff for hard work; • Reported that Congresswoman Loretta Sanchez hosted 'Countdown to Enroll OC' rally; Obama Care sign-up deadline is March 315t; community in need of medical care; reach out to and encourage all to sign-up; preventive care important; and • Opined that water rates expected to rise due to State drought; mitigate impact and continue to conserve water. Councilmember Reyna: • PREY Council Committee to consider field reservation policy; and • Suggest staff appreciation events be reconsidered. CITY COUNCIL MINUTES 13 FEBRUARY 18, 2014 Mayor Pulido: f Adjourned in Memory of Alex Serrano Jr. ADJOURNMENT- 7:45 p.m. - Special meeting for a work study session on the Strategic Plan is scheduled for Saturday, February 22, 2014 at 10:00 a.m. at the Southwest Senior Center, 2201 W. McFadden Avenue, Santa Ana, California. Adjourn in Memory of Alex Serrano, Jr. Maria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS Street Car Project Locally Preferred Alignment Harbor Blvd. Mixed -Use Plan Public Hearing on Sexlinger Property Adoption of Strategic Plan General Plan Housing Element Annual Progress Report Solar Permit Fee Waiver Dangerous and Abandoned Buildings Proactive Rental Enforcement Program Renewal CITY COUNCIL MINUTES 14 FEBRUARY 18, 2014