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HomeMy WebLinkAbout10A - MINUTES - REGULAR 10-17-11MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA OCTOBER 17, 2011 CLOSED SESSION MEETING CALLED TO ORDER POLICE COMMUNITY ROOM 60 CIVIC CENTER PLAZA SANTA ANA, CA 5:10 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor P.M.) P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO* COUNCILMEMBERS Absent: None Pro Tem (5:30 STAFF Present: PAUL M. WALTERS, Interim City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council Quorum was established thru presence of Councilmembers Bustamante, Benavides, Martinez, and Sarmiento. MOTION: Elect Councilmember Bustamante Chair (pursuant to SAMC 2- 101 due to unavailability of Mayor and Mayor Pro Tem). MOTION: Benavides SECOND: Sarmiento VOTE: AYES: Benavides, Bustamante, Martinez, Sarmiento (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Alvarez, Pulido, Tinajero (3) CITY COUNCIL MINUTES 1 OCTOBER 17, 2011 1 0A-1 PUBLIC COMMENTS - None COUNCIL RECESSED to Police Chief's Conference Room, 4th Floor, 60 Civic Center Plaza for Closed Session discussion at 5:11 p.m. *Councilmember Tinajero joined the Closed Session meeting via teleconference at 5:17 p.m. from 3304 Aries Ct., Santa Ana, CA 92704. Notice was posted at the remote location pursuant to Government Code § 54953. CLOSED SESSION ITEMS 1A CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) Brett N. Lozano v. City of Santa Ana; Orange County Superior Court Case No. 30-2010-00398323 1B CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Kathie Gonzalez 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) CITY COUNCIL MINUTES 2 OCTOBER 17, 2011 1 0A-2 1C PUBLIC EMPLOYEE EMPLOYMENT AND APPOINTMENT pursuant to Government Code Section 54957(b)(1) Title: City Attorney; and City Manager Mayor Pro Tern Alvarez arrived at 5:30 p.m. CLOSED SESSION REPORT - See Item 19A for Report. ADJOURNED THE CLOSED SESSION MEETING AT 7:30 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 3 OCTOBER 17, 2011 1 0A-3 REGULAR OPEN SESSION CALLED TO ORDER ATTENDANCE PLEDGE OF ALLEGIANCE POLICE COMMUNITY ROOM 60 CIVIC CENTER PLAZA SANTA ANA, CA 7:39 P.M. COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor P.M.) P. DAVID BENAVIDES CARLOS BUSTAMANTE VINCENT F. SARMIENTO COUNCILMEMBERS Absent: MICHELE MARTINEZ SAL TINAJERO Pro Tern (7:44 STAFF Present: PAUL M. WALTERS, Interim City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO CLOSED SESSION REPORT - See Agenda Item 19A for Report. PUBLIC COMMENT • Lisann Martinez, commented on police situation in her neighborhood; proposed that cameras be installed in police vehicles; and also questioned why water meter readers not seen in some areas of the City. • Joese Hernandez, representing Occupy Orange County, requested support of Occupy Wall Street efforts. • Shay, representing Occupy Orange County, commented on considerable homeless population in City and need to address issue. • Dylan Thompson, representing Occupy Orange County, requested exemption on anti-camping ordinance - same as City of Los Angeles. • Theodore Hirsch, spoke in support of the Occupy movement throughout nation; urged City to waive anti-camping ordinance and support peacefully rally planned in City. • Alex Vega, commented on efforts by Centro Cultural to address homeless issue. • Suzanne Esber, spoke in support of Agenda Item 55A and grant application for improvements at Park Santiago. CITY COUNCIL MINUTES 4 1 0A-4 OCTOBER 17, 2011 • Thomas Cartney, also spoke in support of Agenda Item 55A. • Ralph Allen, proposed that City develop a park in the vacant lots south of 4th Street (considered Station District area). • Dave Hoen, commented on City's Code of Conduct and Ethics as it relates to Agenda Item 85A. • Sam Aresheh, representing Occupy Orange County, spoke in support of rally planned in the City and urged the City Council to support their efforts. CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 10A through 25D with the following modifications: • Excuse Councilmembers Martinez and Tinajero from October 17, 2011 City Council Meeting; and • Councilmember Benavides pulled Agenda Item 19F for separate discussion. MOTION: Bustamante SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Pulido, Sarmiento (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Tinajero (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 OCTOBER 3, 2011 - Clerk of the Council Office MOTION: Approve Minutes. 10B MINUTES OF THE SPECIAL CLOSED SESSION MEETING OF OCTOBER 10, 2011 - Clerk of the Council Office MOTION: Approve Minutes. CITY COUNCIL MINUTES 5 OCTOBER 17, 2011 1 0A-5 BOARDS / COMMISSIONS / COMMITTEES 13A COUNCIL COMMITTEE REPORTS - Police Department MOTION: Receive and file the Public Safety Committee minutes of August 10, 2011. 13B BOARDS AND COMMISSIONS BIANNUAL ATTENDANCE REPORT (APRIL 2011 THROUGH SEPTEMBER 2011) - Clerk of the Council MOTION: Receive and file Boards and Commissions Biannual Attendance Report. 13C APPOINT COUNCILMEMBER MICHELE MARTINEZ AS ALTERNATE REPRESENTATIVE ON THE NEWPORT BAY WATERSHED EXECUTIVE COMMITTEE MOTION: Appoint Councilmember Michele Martinez as an alternate representative. MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT Mayor Pulido announced that Interim City Manager Paul Walters to remain in position indefinitely and until further notice. 19B EXCUSED ABSENCES - Clerk of the Council Office MOTION: Excuse Councilmembers Martinez and Tinajero from the October 17, 2011 City Council meeting. 19C WORKFORCE INVESTMENT ACT PLAN MODIFICATION FOR FISCAL YEAR 2011-2012 - Community Development Agency MOTION: Approve the Santa Ana Workforce Investment Board Annual Plan Modification for Fiscal Year 2011-2012 and authorize its submittal to the State of California Workforce Investment Board. CITY COUNCIL MINUTES 6 OCTOBER 17, 2011 1 0A-6 19D DONATION OF SURPLUS TELEVISIONS TO SIX COMMUNITY VIDEO NETWORK PROGRAM PARTICIPANTS - Parks, Recreation & Community Services Agency MOTION: Authorize the Finance and Management Services Agency to donate six surplus televisions to community video network program participants. 19E REQUEST FOR PROPOSALS - DRAINAGE AND EMERGENCY CLEANUP SERVICES REQUIRED UNDER THE NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER PROGRAM - Public Works Agency MOTION: Authorize the Public Works Agency to send a Request for Proposals to qualified consultants to provide on-call services to comply with the requirements of the NPDES permit. 19F REQUEST FOR PROPOSAL FROM ORANGE COUNTY FIRE AUTHORITY FOR FIRE AND EMERGENCY MEDICAL SERVICES Councilmember Benavides asked Fire Chief Dave Thomas about timing requirement for preparation of the proposal. Chief Thomas said it would take up to 90 days, but would expedite the process as much as possible. MOTION: Authorize the City Manager to request a proposal from the Orange County Fire Authority for the purposes of outsourcing all fire and emergency medical services in an amount not to exceed $75,000. MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Bustamante Alvarez, Benavides, Sarmiento (5) Bustamante, Pulido, None (0) None (0) Martinez, Tinajero (2) CITY COUNCIL MINUTES 7 OCTOBER 17, 2011 1 0A-7 BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A 2011 JUSTICE ASSISTANCE GRANT (JAG) - Police Department MOTION: 1. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2012-069 - Recognizing the 2011 Justice Assistance Grant in an amount of $132,275 into the revenue account and appropriate same into the 2011 Justice Assistance Grant Expenditure account. 2. Authorize the City Manager, Chief of Police, and the Clerk of the Council to execute an agreement. AGMT NO. 2011-234 - With the County of Orange, Sheriff's Department to transfer the 2011 Justice Assistance Grant Program in an amount of $132,275. SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES MOTION: Award in accordance with Request for Council Action. (Items 22A through 22C) 22A SPEC. NO. 11-052 - ROOF REPAIR -Award a contract to DLS Builders in an amount of $24,100, to be reimbursed from insurance proceeds; and increase the aggregate limit by $10,000 for a blanket contract for Building Maintenance in an annual amount not to exceed $34,100 - Finance & Management Services 22B SPEC. NO. 11-049 - MULTI-JET WATER METERS - Award a contract with Aqua-Metric Sales Company for a one-year period with provision for three one-year renewals in an amount not to exceed $60,000 (Public Works Agency) - Finance & Management Services 22C SPEC. NO. 11-044 - SIGNS, HARDWARE AND ACCESSORIES - Award a contract to Safeway Sign Company for a one-year period, with provisions for two one-year renewals in an amount not to exceed $100,000 (Public Works Agency) - Finance & Management Services CITY COUNCIL MINUTES 8 OCTOBER 17, 2011 1 0A-8 PROJECTS/CHANGE ORDERS 23A REJECTION OF BIDS FOR CATALINA STREET PUMP OWNERS ASSOCIATION WATER SERVICE CONNECTION AND DIAMOND PARK MUTUAL WATER COMPANY WATER MAIN IMPROVEMENTS (PROJECT NOS. 10-6403 AND 10-6404) PROPOSITION 84 GRANT MOTION: Reject all bids for the Catalina Street Pump Owners Association Water Service Connection and Diamond Water Company Water Main Improvement projects. 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) 25A AGMT NO. 2011-235 - STUDY FUTURE MANAGEMENT OPTIONS FOR THE SANTA ANA ZOO AT PRENTICE PARK - With Schultz and Williams in an amount of $39,275 for a one-year term - Parks, Recreation & Community Services Agency 25B AGMT NO. 2011-236 - ANNUAL MAINTENANCE AND UPGRADE TO POLICE DIGITAL IMAGING MANAGEMENT SYSTEM - Execute an amendment with Linear Systems, in an amount not to exceed $33,325.75 - Police Department 25C AGMT NO. 2011-237 - PROVIDE EDUCATIONAL SERVICES TO SANTA ANA SCHOOLS ON WATER-RELATED ISSUES - With the Municipal Water District of Orange County in an amount not to exceed $30,000 - Public Works Agency 25D AGMT NO. 2011-238 - PREPARATION OF A SANITARY SEWER AND WATER FINANCIAL PLAN - With Black & Veatch Corporation in an amount not to exceed $230,000 paid for through the Administrative and Engineering Fund - Public Works Agency **END OF CONSENT CALENDAR** CITY COUNCIL MINUTES 9 OCTOBER 17, 2011 1 0A-9 BUSINESS CALENDAR ITEMS RESOLUTIONS 55A AUTHORIZE THE SUBMITTAL OF PROPOSITION 84 CALIFORNIA RIVER PARKWAYS GRANT APPLICATION IN AN AMOUNT OF $3,000,000 FOR SANTIAGO PARK LANDSCAPE IMPROVEMENTS - Parks, Recreation & Community Services Agency MOTION: Adopt a resolution. RESOLUTION NO. 2011-067 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR CALIFORNIA RIVER PARKWAYS GRANT PROGRAM UNDER THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 MOTION: Bustamante SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Pulido, Sarmiento (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Tinajero (2) WORK STUDY SESSION WSA WARNER AVENUE WIDENING - MAIN STREET TO GRAND AVENUE - ENVIRONMENTAL PROCESS AND COMMUNITY OUTREACH - Public Works Agency Raul Godinez, II, Public Works Executive Director introduced Jason Gabriel, Senior Civil Engineer and presented report: Vicinit Ma '- . tr y CITY COUNCIL MINUTES 10 OCTOBER 17, 2011 1 0A-10 PROJECT HISTORY & SUMMARY History: ¦ Project is part of mitigation for Tustin Legacy Project, City of Tustin, approved in 2003 - Redevelopment of the former Tustin Marine Corps Air Station with mixed-use commercial, residential, and industrial - Traffic impact mitigation measure provides funds for design and environmental processing ¦ This segment is currently a bottleneck - both sides of this segment are already 6 lanes ¦ Preliminary engineering and environmental work was initiated in 2009 Summary: ¦ Widening is needed to address growth trends and congested traffic ¦ Proposed widening is from 4 lanes to 6 lanes between Grand Avenue and Main Street ¦ Project is consistent with County Master Plan of Highways (MPAH) ¦ Project is consistent with City's General Plan Circulation Element EXISTING CONDITIONS ¦ Existing residential and commercial/industrial uses ¦ Four lanes (2 lanes in each direction) ¦ Signals at: - Main St. - Pacific Electric Bike Trail (Anahurst PI.) - Halladay St. - Standard Ave. - Fire Station (Beeson Ln.) - Grand Ave. ¦ At-grade railroad crossing between Standard Ave. and Hathaway St. ¦ Utilities (power poles/lines) CITY COUNCIL MINUTES 11 OCTOBER 17, 2011 1 0A-11 PROJECT DESCRIPTION ¦ Several alignment alternatives were evaluated to minimize impact ¦ 3 alignments were analyzed, along with a no-build alternative ¦ Increased right-of-way width will accommodate: - 3 travel lanes in each direction - Sidewalk - Bike lane - Raised center landscaped median ¦ Improved drainage ¦ Bioswales to accommodate new Clean Water Act requirements TYPICAL CROSS-SECTION PROJECT ALTERNATIVE - 1 ¦ Widen the South Side of Warner 50 feet behind existing ROW ¦ Major Impacts to: - Monroe Elementary School - National Guard Armory - Delhi Park - Cherry Aerospace Fastening - Fire Station PROJECT ALTERNATIVE - 2 ¦ Widen both sides of Warner 25 feet behind existing ROW ¦ Major Impacts to: Cherry Aerospace Fastening Fire Station ¦ Minimal Impacts to: CITY COUNCIL MINUTES 12 OCTOBER 17, 2011 1 0A-12 PROJECT ALTERNATIVE - 3 ¦ Widen the North Side of Warner 50 feet behind existing ROW ¦ Minimal Impacts to: - Delhi Park - National Guard Armory - Monroe Elementary School - Cherry Aerospace Fastening - Fire Station ENVIRONMENTAL PROCESSING & SCHEDULE ¦ Public Outreach (Nov. 2011 - June 2012) ¦ Initial Study and Notice of Preparation (NOP) (Nov. 2011) NOP - notice to agencies and public of the preparation of the Environmental Impact Report (EIR) ¦ Public Scoping Meeting (Dec. 2011) Agencies/public comment on potential environmental impacts & concerns ¦ Draft EIR prepared (Oct. 2011 - Jan. 2012) Comments are incorporated into Draft EIR CITY COUNCIL MINUTES 13 OCTOBER 17, 2011 1 0A-13 Monroe Elementary School National Guard Armory Delhi Park Draft EIR circulated for public review and comment (Feb.-April 2012) Final EIR - respond to comments (May 2012) City Council (June 2012) PUBLIC OUTREACH PLAN ¦ In collaboration with CDA's Neighborhood Coordinator, staff will meet with the following groups to introduce the project: - Delhi Neighborhood - Delhi Community Center - OCCCO (Orange County Congregation Community Organization) - SACRED (Santa Ana Collaborative for Responsible Development) Local businesses and schools impacted by improvements ¦ Public Meetings Scoping Meeting Additional Meetings (as needed) City Council Approve EIR Approve Preferred Project Alternative Documents will be available on City's website COST ESTIMATE & FUNDING Cost Estimate Engineering $1.5 million ROW $36 million Construction $13.5 million Total $51 million Funding Sources -TSIA (Transportation System Improvement Area) -Settlement Agreement w/ Tustin -2012 Measure M2 Call for Projects -Other Local or State Grants PROJECT SCHEDULE Environmental Clearance Final Design: ROW: Utility Relocation: Construction: June 2012 July 2012 - Dec 2014 July 2013 - Dec 2014 Jan 2015 - Jun 2015 July 2015 - Jun 2016 Council discussion ensued. Mayor Pro Tern Alvarez asked about funding courses and timing of acquisition. Councilmember Benavides requested undergrounding of utilities, quiet zone, as possible. Councilmember Sarmiento asked about traffic impacts to Tustin Legacy project; include CITY COUNCIL MINUTES 14 OCTOBER 17, 2011 1 0A-14 Guadalupe Church in outreach efforts; if remnant parcels turn to bike lanes; and consider synthetic turf. COUNCIL AGENDA ITEMS Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. 85A ADDRESS PROPERTY AND BUSINESS IMPROVEMENT DISTRICT ("PBID") ISSUES AND CONCERNS INCLUDING BUT NOT LIMITED TO PROCESS FOR DISESTABLISHMENT, AMENDING RESOLUTION TO ADD PROCESS FOR DISESTABLISHMENT BY PROPERTY OWNERS, HOLDING ADVISORY ELECTION, AND SETTING PUBLIC HEARING FOR DISESTABLISHMENT (Mayor Pro Tern Alvarez) Continued from the August 24, September 19, and October 3, 2011 City Council meetings. Mayor Pro Tern Alvarez requested that item be continued since Mayor Pulido and Councilmember Sarmiento not able to participate and City Councilmembers Tinajero and Martinez absent from meeting, thus no quorum to consider matter. COMMENTS 90A CITY MANAGER'S COMMENTS Interim City Manager Walters recapped efforts to communicate with neighborhood associations and City employees on City's budget situation, and announced that a portal is available on the City's website for the community to provide suggestions. 90B CITY COUNCILMEMBER COMMENTS Councilmember Benavides: • Commented on speakers that addressed the City Council regarding Occupy OC movement; encouraged leaders to work with City staff. ADJOURNED- 8:37 P.M. - The next meeting of the City Council is scheduled for Monday, November 7, 2011 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. CITY COUNCIL MINUTES 15 OCTOBER 17, 2011 1 0A-15 1 0A-16