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HomeMy WebLinkAbout2006-06-05MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SANTA ANA, CALIFORNIA CALLED TO ORDER ATTENDANCE: POSTING OF COLORSIPLEDGE OF ALLEGIANCE INVOCATION EMPLOYEE SERVICE AWARDS Domingo C. Cabrera Steven G. McHugh Mike Ernandes JUNE 5, 2006 COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTAANA, CALIFORNIA 6:16 P.M. Councilmembers present: MIGUEL PULIDO, Mayor LISA BIST, Mayor Pro Tern CLAUDIAALVAREZ CARLOS BUSTAMANTE ALBERTA CHRISTY MIKE GARCIA JOSE SOLORIO STAFF Present: DAVID N. REAM, City Manager, JOSEPH FLETCHER, City Attorney PATRICIA E. HEALY, Clerk of the Council Boy Scouts of America, Troop 28 (Councilmember Alvarez) Bob Barnett, Police Chaplain MAYOR PULIDO 20 YEARS OF SERVICE Police Officer, Police Department Fleet Equipment Technician III, Finance & Management Services Agency 30 YEARS OF SERVICE Personnel Operations Manager, Personnel Services Agency CITY COUNCIL MINUTES 170 JUNE5, 2006 PRESENTATIONS Special Presentation — Annual Outstanding Historic Preservation Project Awards 2006 — Historic Resources Commission Certificate of Recognition presented by MAYOR PULIDO to George Heidler for being honored Business Leader of the Year by Central County Regional Occupational Program (CCROP). Certificate of Recognition presented by MAYOR PULIDO to Donald Dunkleman for providing food for police officers on May Vt. Proclamation presented by MAYOR PRO TEM BIST to Feedback Foundation on behalf of "Older Americans Month." Certificate of Recognition presented by COUNCILMEMBER SOLORIO to Ms. Maria Christina Pallan for her efforts in teaching students English. Certificate of Recognition presented by COUNCILMEMBER SOLORIO to Priscilla Gonzalez for earning the Gates Millennium Scholarship. Certificate of Recognition presented by COUNCILMEMBER SOLORIO to committee members of the A-4 Skyhawk Marine Corps Memorial project. Proclamations presented by COUNCILMEMBER ALVAREZ to St. Joseph Health System and Grant Elementary School for the 100 Percent Campaign." Certificates of Recognition presented by COUNCILMEMBER ALVAREZ to members of the 5�h Annual Mother's Day Celebration Steering Committee Certificates of Recognition presented by COUNCILMEMBER GARCIA to the Santa Ana Civic Leadership Initiative Participants. Certificates of Recognition presented by COUNCILMEMBER GARCIA to the SCMAF Regional Tournament basketball teams. Certificate of Recognition presented by COUNCILMEMBER GARCIA to Maria Halverson for being recognized by Healthy Eating by Design. Certificate of Recognition presented by COUNCILMEMBER CHRISTY to Nathaly Del Real for winning the Junior Achievement "Small Business Poster" contest. Certificate of Recognition presented by COUNCILMEMBER CHRISTY to Kristen Maddox for her efforts to Aid U.S Troops through her establishment of "Helping Our Troops, Inc." CITY COUNCIL MINUTES 171 JUNE 5, 2006 CONSENT CALENDAR Mayor Pulido announced the following modifications to the Consent Calendar: • Councilmember Alvarez pulled Items 23.A. and 23.B. for separate discussion • Councilmember Christy pulled Item 253. for separate discussion • Mayor Pro Tem Bist pulled Item 30.A. for separate discussion Motion: Approve staff recommendations on the following Consent Calendar Items. MOTION: Bist VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Garcia Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, Solorio (7) None (0) None (0) 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 Motion: Approve minutes. (Item 10.A.-10.B.) 10.A. ADJOURNED REGULAR MEETING OF MAY 15, 2006 10.B. REGULAR MEETING OF MAY 15, 2006 BOARDS/COMMISSIONS/COMMITTEES 13.A, VACANCY REPORT — MAY 31, 2006 Motion: The Vacancy Report reflects only appointments made by the Council. BOARD/COMMISSION VACANCIES WARD Environmental & Transportation 2 Santa Ana Committee Chamber & 5 Youth Commission —Alternate 2 2 & 6 TOTAL 4 CITY COUNCIL MINUTES 172 JUNE 5, 2006 CONSENT CALENDAR BOARD/COMMISSION EXPIRED WARD TERMS Community Redevelopment! 2 Mayor, Tenant Housing Commission Personnel Board 1 Mayor Youth Commission —Alternate 1 3 TOTAL 4 13.B. APPOINTMENT OF MEMBER TO THE SANTA ANA WORKFORCE INVESTMENT BOARD Motion: Appoint Gaylord Whipple, C.E.O., U. S. Rigging Supply, to the Santa Ana Workforce Investment Board. CLERK OF THE COUNCIL POSTING REPORT The following notices were posted pursuant to the Brown Act and the Maddy Act. Council Agendas and Board and Commission resignations are posted on the door of the Council Chambers at 22 Civic Center Plaza and Committee Agendas on the door of City Hall at 20 Civic Center Plaza. Motion: Instruct Clerk to enter postings into the Minutes. (Items 16.A. through 15.C.) Council Meeting Agendas Meeting Date Posted Time 15.A. City Council Agenda 05/15/06 05/10/06 5:30 p.m. 15.6. Revised City Council 05/15/06 05/12/06 3:30 P.M. 15.C. City Council —Adjourned Regular Meeting Agenda 05/15/06 05/12/06 3:30 p.m. MAYORAL PROCLAMATIONS / CERTIFICATES Motion: Declare and instruct clerk to enter proclamations/certificates into the Minutes. (Items 16.A. through 16.M.) Honoree Date 16.A. Loretta Guillen 1001h Birthday Recognition 5/11/06 16.B. Asian & Pacific Islander American Heritage Month 5/11/06 16.C. MOMS - Businesswoman Mother of the Year Awards 5/12/06 16.D. Marine Corps Christmas Toy Drive Volunteers 5/13/06 16.E. O.C. Dental Center Grand Opening 5/13/06 16.F. O.C. Bar Foundation Graduates 5/17/06 16.G. Neighborhood Housing Annual Dinner Honorees 5/18/06 CITY COUNCIL MINUTES 173 JUNE 5, 2006 Honoree 16.H. 2006 LULAC State Convention 16.1. Carr Intermediate School 50th Anniversary 16.J. National Latina Business Women Association 16.K. California National Guard Family Wellness Center Grand Opening 161. Carina Ruvalcaba - Top Social Science Student 16.M. Naval Reserve Officer Training Corps 35th Annual Awards Celebration MISCELLANEOUS ADMINISTRATION 19.A. CLOSED SESSION REPORT Motion: Approve Settlements CONSENT CALENDAR Date 5/19/06 5/20/06 5/20/06 5/21 /06 5/23/06 5/31/06 Elizabeth Garcia vs. the City of Santa Ana, WCAB Case No. AHM 126803 compromise and release in the amount of $42,000 Pacific Bell vs. the City of Santa Ana, Orange County Superior Court Case No. 05CLO5484 in the amount of $8,043 Claimant: Landmark Insurance, Claim No. 2004-184 in the amount of $5,809.74 19.13. EXCUSED ABSENCES -NONE BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20.A. APPROPRIATION ADJUSTMENT ACCEPTING THE 2005 BUFFER ZONE PROTECTION PROGRAM GRANT Motion: 1. Approve appropriation adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. — 06-135 - accepting the FY 2005 Buffer Zone Protection Program Grant in the amount of $47,287.50 into the revenue account and appropriate same into the FY 2005 Buffer Zone Protection Program expenditure accounts. CITY COUNCIL MINUTES 174 JUNE 5, 2006 CONSENT CALENDAR 2. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement. AGMT 2006-119 - With the County of Orange, Sheriff's Department to transfer funds for the 2005 Buffer Zone Protection Zone Grant in an amount not to exceed $47,287.50 SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Requests for Council Action. (Items 22.A. through 22.F.) 22.A. SPEC. NO. 06-064 - ELECTRICAL SERVICES - Award contracts for a two-year period, with provision for three one-year renewals exercisable by the City Manager or his designee in the annual aggregate amount not to exceed $200,000 with the following vendors: Williams & Maher, Inc. Service First Contractors Network, Inc. 22.B. SPEC. NO. 06-076 - TRUCK PARTS AND REPAIRS - Amend the contract with Valley Power Systems, Inc. to increase the aggregate limit by $10,000 for an annual amount not to exceed $20,000 — Finance & Management Services Agency 22.C. SPEC. NO. 06-017 - BALLISTIC VESTS — POLICE DEPARTMENT - Award a contract to Adamson Police Products in the amount of $54,537.90 - Finance & Management Services Agency 22.D. SPEC. NO. 06-045 - HEATING, VENTILATION, AND AIR CONDITIONING DUCT CLEANING — FIRE DEPARTMENT - Award a contract to Empire Building & Environmental Services, Inc., in the amount not to exceed $25,206 - Finance & Management Services Agency 22.E. SPEC. NOS. 00-169 AND 06-066 — CONTRACT AMENDMENT AND UNLEADED FUEL 1. Amend the contract with G.P. Resources, Inc. for unleaded fuel in the amount not to exceed $260,000. 2. Award a contract to G.P. Resources, Inc. for the purchase of unleaded fuel for a one-year period with provision for four one- year renewals, in the annual amount not to exceed $1,320,000. CITY COUNCIL MINUTES 175 JUNE 5, 2006 CONSENT CALENDAR 22.F. SPEC. NO. 05-115 — HYBRID SEDANS - Amend the contract with Norm Reeves Honda Superstore in the amount of $30,696.55 — Finance & Management Services Agency 23.A. CONTRACT AWARD FOR EL SALVADOR CENTER RENOVATION AND PARK IMPROVEMENTS (PROJECT NOS. 04-6375, 04-7709 AND 05- 7806) Motion: 1. Award a contract to States Link Construction, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $1,299,000 for the renovation of El Salvador Center and park improvements. 2. Approve a Funding Analysis with a total estimated construction cost of $1,570,000. MOTION: Alvarez SECOND: Garcia VOTE: AYES: Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 23.13, CONTRACT AWARD FOR SANTA ANA FIRE TRAINING FACILITY SITE IMPROVEMENTS (PROJECT NO. 06-2900) Motion: 1. Award a contract to Hondo Company, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $266,992 for Santa Ana Fire Training Facility Site Improvements. 2. Approve a Funding Analysis with a total estimated construction cost of $333,700. CITY COUNCIL MINUTES 176 JUNE 5, 2006 MOTION: Alvarez VOTE: AYES: NOES: ABSTAIN ABSENT: AGREEMENTS CONSENT CALENDAR SECOND: Solorio Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, Solorio (7) None (0) None (0) None (0) Motion: Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements. (Items 25.A. through 25.H.) 25.A. AGMT 2006-120 - ENGINEERING SERVICES - Execute an amendment to the agreement with Metcalf & Eddy in the amount of $12,000 for a new contract amount not to exceed $179,513 — Public Works Agency 25.B. AGMT 2006-121 - FISCAL YEAR 2005/2006 COOPERATIVE PROJECTS PROGRAM - With the Orange County Sanitation District for an amount not to exceed $969,900 under the Cooperative Projects Program — Public Works Agency Motion: Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreement. 25.C. MOTION: Christy SECOND: Solorio VOTE: AYES: Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) AGMT 2006-122 - SOFTWARE MAINTENANCE - Execute an amendment to the agreement with Northrop Grumman Public Safety, Inc. in an amount not to exceed $52,000 for a one year term— Police Department CITY COUNCIL MINUTES 177 JUNE 5, 2006 CONSENT CALENDAR 25.D. AGMT - MEMORANDUMS OF UNDERSTANDING - WORKFORCE INVESTMENT ACT MANDATED PARTNERS - Community Development Agency Motion: Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements. AGMT 2006-123 -With the Santa Ana W/O/R/K Center AGMT 2006-124 -With the State of California Employment Development AGMT 2006-125 -With the Asian American Senior Citizens Service Center AGMT 2006-126 -With the Goodwill Industries of Orange County AGMT 2006-127 -With the Community Action Partnership of Orange County AGMT 2006-128 - With the Center for Employment and Training AGMT 2006-129 - With the Central County Regional Occupational Program AGMT 2006-130 - With the Rancho Santiago Community College District AGMT 2006-131 - With the Santa Ana Unified School District AGMT 2006-132 - With the Orange County Social Services Agency AGMT 2006-133 - With the Housing Authority of the City of Santa Ana AGMT 2006-134 - With the Federal Empowerment Zone 25.E. AGMT 2006-135 - JOB SEARCH SYSTEMS SUBSCRIPTION - With Geographic Solutions in an amount not to exceed $39,000 - Community Development Agency 255. AGMT 2006-136 - THE RENAISSANCE SPECIFIC PLAN - Execute a contract amendment with Moule & Polyzoides Architects and Urbanists in an amount not to exceed $545,000 — Planning and Building Agency 25.G. AGMT 2006-137 - TELEPHONE MAINTENANCE AND RELATED EQUIPMENT - Renew the agreement with NEC Unified Solutions, Inc., in an amount not to exceed $200,000 — Finance & Management Services Agency CITY COUNCIL MINUTES 178 JUNE 5, 2006 CONSENT CALENDAR 25.H. AGMT 2006-138 — FIRE NOTIFICATION SYSTEM — With Pyrocomm, Inc., for an amount not to exceed $89,875 — Finance and Management Services Agency LAND USE MATTERS CONDITIONAL USE PERMITS/VARIANCES 30.A. AMEND CONDITIONAL USE PERMIT NO. 2005-03 — 2520 SOUTH BIRCH STREET Filed by Abel Salazar, to amend Conditional Use Permit No. 2005-03 to allow the washing and overnight parking of all types of vending vehicles in the Light Industrial zoning district located at 2520 South Birch Street. Motion: Continue Item for 2 weeks. MOTION: Bist SECOND: Alvarez VOTE: AYES: Alvarez, Bist (2) NOES: Bustamante, Pulido, Christy, Garcia, Solorio (5) ABSTAIN: None (0) ABSENT: None (0) Motion failed of adoption Motion: Receive and file the staff report approving amendment to Conditional Use Permit No. 2005.03 MOTION: Solorio SECOND: Christy VOTE: AYES: Bustamante, Pulido, Christy, Garcia, Solorio (5) NOES: Alvarez, Bist (2) ABSTAIN: None (0) ABSENT: None (0) *** END OF CONSENT CALENDAR *** CITY COUNCIL MINUTES 179 JUNE 5, 2006 BUSINESS CALENDAR RESOLUTIONS 55.A. RESOLUTION AUTHORIZING THE CITY ENGINEER OF THE PUBLIC WORKS AGENCY TO EXECUTE THE RACE -NEUTRAL DISADVANTAGED BUSINESS ENTERPRISE IMPLEMENTATION AGREEMENT Motion: Adopt a resolution. RESOLUTION 2006-029 - A Resolution of The City Council of The City of Santa Ana Authorizing The City Engineer To Execute The Race -Neutral Disadvantaged Business Enterprise Implementation Agreement and Any Future Agreements With The California Department of Transportation Regarding Changes Or Amendments To Title 49 Of The Code Of Federal Regulations MOTION: Bist SECOND: Solorio VOTE: AYES: Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55.B. RESOLUTION ESTABLISHING THE APPROPRIATION LIMIT OF THE CITY OF SANTA ANA FOR FY 2006-07 Motion: Adopt a resolution. RESOLUTION 2006-030 - 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 2006-2007 MOTION: Solorio VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Garcia Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, Solorio (7) None (0) None (0) None (0) CITY COUNCIL MINUTES 180 JUNE 5, 2006 BUSINESS CALENDAR REPORTS 65.A. 4TH DISTRICT COURT OF APPEAL STATUS REPORT - City Manager PUBLIC HEARINGS 75.A. FISCAL YEAR 2006-2007 - PROPOSED CITY BUDGET Public hearing to consider the City's Fiscal Year 2006-2007 Budget and related matters Legal Notice published in the Orange County Register on May 19 and 26, 2006 Staff report by Pamela Arends-King, Assistant Director of Finance and Management Services Agency, Robert Cortez, Sr. Management Analyst and Souri Amirani, Principal Civil Engineer, Public Works Agency George Collins reported that he had heard that police officers were purchasing their own GPS systems to use in patrol cars and he suggested that the City include these items in the budget; Gary Boatwright raised concerns relative to the treatment of the homeless in the City Public Hearing Closed No written communications Motion: 1. Place ordinance on first reading and authorize publication. ORDINANCE — An Ordinance of the City Council of the City of Santa Ana Appropriating Monies to the Several Offices, Agencies and Departments of the City for the Fiscal Year Commencing July 1, 2006. 2. Adopt a resolution. RESOLUTION 2006-031 - A resolution of the City Council of the City of Santa Ana to amend Resolution Nos. 82-110, 91-066 and 96-095 to effect certain changes to the City's Basic Classification and Compensation Plans 3. Adopt a resolution. RESOLUTION 2006-032 - Establishing the 2006-07 Schedule of Uniform Fees for Miscellaneous Services. CITY COUNCIL MINUTES 181 JUNE 5, 2006 MOTION: Alvarez VOTE: AYES NOES: ABSTAIN: ABSENT: COUNCIL AGENDA ITEM BUSINESS CALENDAR SECOND: Bist Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, Solorio (7) None (0) None (0) None (0) Pursuant to Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. 85.A. PROPOSED PROCESS FOR CONTRACTING OUT CITY SERVICES (SOLORIO) Motion: Direct the City Manager to develop a process whenever the City proposes to contract out work that results in City employees being laid off. Also, include another item in the list of process recommendations: "Additionally, the City Manager is directed to develop a Joint Labor Management Committee (JLM) to audit and prepare reports to the City Council regarding services that have been contracted out since 2000. The JLM would ensure that contractors are meeting performance standards and realizing actual cost savings, as well as provide recommendations to the executive management team and the City Council." MOTION: Solorio SECOND: Garcia VOTE: AYES: Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY MEETING AT 9:06 P.M. FOLLOWED BY THE HOUSING AUTHORITY MEETING AT 9:10 P.M. COUNCIL RECONVENED AT 9:10 P.M. WITH SAME MEMBERS PRESENT CITY COUNCIL MINUTES 182 JUNE 6, 2006 WORK STUDY SESSION W.S.A. REVIEW OF PROPOSED CITY CHARTER AMENDMENTS — Clerk of the Council and City Attorney. Highlights of this presentation are as follows: • Charter Section 401 — current provisions o Registered voter at time nomination papers pulled o Not eligible for nomination/election to Council if served two consecutive terms of four years each o Short or partial terms not considered • Charter Section 401 — proposed provisions o Candidates must be qualified voters and thirty day resident of ward/city (Council) or city (Mayor) o Eight year eligibility period for appointment/nomination following two consecutive four year terms (Council.) o Short/partial term — one in which individual replaces member with unexpired term o If assume office at beginning of term — leave for any reason — full term • Long residency requirements ruled unconstitutional by Supreme Court • Courts have upheld short residency requirements • Charter Section 404 — Current Provisions o Elected at large for two year term o No term limits o If incumbent councilmember is elected mayor - fill council seat by special election • Charter Section 404 - Proposed provisions o Term limit — five consecutive terms — two years each o Four year eligibility waiting period o Special election requirement deleted • Summary of proposed charter changes — includes 13 current changes in the Charter • Next Steps: o June 5th — Council action to direct staff to prepare ordinance calling election, Council action giving direction relating to the format of charter amendments o June 191h — I't reading ordinances calling general election for candidates and special election for charter amendments and related documents o July 3ftl — 2ntl reading ordinances calling elections o August 15t — last day for filing arguments for and against charter amendments Following the presentation, Council discussion ensued. CITY COUNCIL MINUTES 183 JUNE 6, 2006 WORK STUDY SESSION Motion: Direct Staff to prepare an ordinance calling an election to place Charter amendments on the November 7, 2006 ballot.; further direct staff to present seven charter amendments as follows: 1. Combine changes to Charter Sections 400, 413, and 1200 into one measure 2. Charter Section 402 3. Combine changes to Charter Sections 421 and 422 into one measure 4. Charter Section 401 5. Charter Section 404 6. Charter Section 901 7. Combine changes to Charter Sections 901.1, 910, 911, and 912 into one measure �A •o MOTION: Garcia SECOND: Alvarez VOTE: AYES: Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) COMMENTS PUBLIC COMMENTS Christina Guerrero, Roberto Bermudez, Ray Bermudez and Alex Vega addressed the Council in support of opening a swap meet at Santa Ana College CITY COUNCIL COMMENTS Councilmember Garcia • Thanked the organizers of the Relay for Life event • Noted that he attended the very successful Paint your Heart Out Santa Ana event • Encouraged registered voters to vote in the June 6, 2006 primary election CITY COUNCIL MINUTES 184 JUNE 5, 2006 COMMENTS Councilmember Solorio • Presented the Council a certificate received from the American Cancer Society thanking the City for its participation in the Relay for Life event • Encouraged residents to vote in the primary election Councilmember Christy • Wished everyone a Happy Fathers Day Mayor Pro Tem Bist • Asked staff to review and update plans for Centennial Park Councilmember Alvarez • Wished everyone a Happy Fathers Day Councilmember Bustamante • Noted that at the Paint Your Heart Out event, over 20 homes were painted by the participants • Asked the Council to adjourn in memory of Orange Councilmember Steven Ambriz Adjourned in Memory of Orange Councilmember Steve Ambriz ADJOURNMENT - 9:58 p.m. - To June 19, 2006 - 5:15 p.m. - Police Chief's Conference Room, 4'h Floor, 60 Civic Center Plaza, Santa Ana, California Patricia E. Healy Clerk of the Council CITY COUNCIL MINUTES 186 JUNE 5, 2006