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Home My WebLink About2012-08-20 RegularMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA AUGUST 20, 2012 CLOSED SESSION MEETING CALLED TO ORDER ATTENDANCE PUBLIC COMMENTS - None HERITAGE MUSEUM OF ORANGE COUNTY 3101 W. HARVARD ST. SANTA ANA, CA 5:22 P.M. COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES MICHELE MARTINEZ SAL TINAJERO (5:32 p.m.) COUNCILMEMBERS Absent: CARLOS BUSTAMANTE VINCENT F. SARMIENTO STAFF Present: PAUL M. WALTERS, City Manager SONIA R. CARVALHO, City Attorney ROSE ANN TRUJILLO, Sr. Deputy Clerk of the Council Council recessed to the Quilter's Cottage for discussion at 5:23 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: 1A CONFERENCE WITH LEGAL COUNSEL-INITIATION OF LITIGATION pursuant to Government Code Section 54956.9(c) CITY COUNCIL MINUTES 1 AUGUST 20, 2012 Anticipated litigation against Saddleback Inn, LLC and The Elks Building Association of Santa Ana regarding the property located at 1660 East First Street, Santa Ana. 1 B CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Confidential Association of Santa Ana (CASA) CLOSED SESSION REPORT - See Item 19A for Report. ADJOURNED THE CLOSED SESSION MEETING AT 6:21 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 2 AUGUST 20, 2012 REGULAR SESSION CALLED TO ORDER HERITAGE MUSEUM OF 3101 W. HARVARD ST. SANTA ANA, CA 6:24 P.M. ORANGE COUNTY ATTENDANCE PLEDGE OF ALLEGIANCE PRESENTATIONS MAYOR PULIDO COUNCILMEMBERS Present MIGUEL PULIDO, MAYOR CLAUDIA ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES MICHELE MARTINEZ SAL TINAJERO COUNCILMEMBERS Absent: CARLOS BUSTAMANTE VINCENT SARMIENTO STAFF Present: PAUL M. WALTERS, City Manager SONIA R. CARVALHO, City Attorney ROSE ANN TRUJILLO, Sr. Deputy Clerk of the Council MAYOR PULIDO Candace Chromy, Executive Director, Heritage of Orange County Museum gave a welcome message to the City Council and Community. CERTIFICATES OF RECOGNITION presented by MAYOR PULIDO to Orange Stake, Church of Jesus Christ of the Latter-day Saints, Brickman Landscape, and ArborWell Tree Service for providing volunteers to help with exterior and interior repairs and improvements at the Heritage Museum and to Rain Bird; Ewing Irrigation; Robert's Waste and Recycling; and B & M Equipment for providing the necessary tools and supplies needed for the improvements and repairs. CITY COUNCIL MINUTES 3 AUGUST 20, 2012 PUBLIC COMMENT • Apolonio Cortes (Spanish speaker) - member of SACReD, shared support for the sunshine ordinance and creation of healthy families; pride in City residency, desire for better quality of life and participation in decision making; reported on having over 1500 signatures on petition; referenced the 7 components of proposed ordinance, and named endorsements of various organizations; and voiced that it was time to make a decision on the matter. • George Garcia - commented on the Bloomberg philanthropy "Mayors Challenge"; encouraged City to compete and expressed interest in working with City staff. • Bobi Keenan - expressed support and lends herself to the sunshine ordinance, expressed concerns regarding Councilmember Bustamante's absence at City Council meetings. • Jeff Dickman - indicated that there were many supporters of the sunshine ordinance present; asked questions relative to approval timeline and schedule; encouraged identifying issues and work with SACReD so City can take step to approve the ordinance. • Jules Rochielle - guest artist and resident, came to support SACReD; social contract and urged Council to keep matter in forefront. • Madelleine Spencer - supporter of sunshine ordinance, discussed the open calendar point, laws, propositions, legal opinions, government code related to ordinance; asked for support/approval of ordinance; commended Council for actions already taken. • Moises Munoz Plas - supports sunshine ordinance, lifelong resident; worked with community organizers and SACReD. • Isaac Michaca - sunshine ordinance supporter; conveyed the importance to stakeholders and community. CLOSED SESSION REPORT City Attorney Carvalho reported that two items were discussed, and City Council gave direction on matters listed. CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items (10A-22B, 25C, 25D, 25E, 25G, 25H and 251 ) with the following modifications: • Councilmember Martinez pulled Agenda Items 25B and 25F for separate discussion and abstained on 25G due to campaign contributions to her State Assembly race; and • Excuse the absence of Councilmember Sarmiento from the City Council and Successor Agency Meetings. MOTION: Alvarez SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Martinez, Pulido, Tinajero (5) CITY COUNCIL MINUTES 4 AUGUST 20, 2012 NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento, Bustamante (2) ADMINISTRATIVE MATTERS MINUTES 10A MINUTES FROM THE SPECIAL MEETING OF AUGUST 1, 2012 - Clerk of the Council Office MOTION: Approve Minutes. 10B MINUTES FROM THE REGULAR MEETING OF AUGUST 6, 2012 - Clerk of the Council Office MOTION: Approve Minutes. MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT - None BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A APPROPRIATION ADJUSTMENT ACCEPTING REAL ESTATE FRAUD TRUST FUNDING - Police Department MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2013-014 - Recognizing Orange County Real Estate Fraud Trust funds of $18,000 into Police Special Revenue account and appropriate same into the Police Special Revenue - General expenditure account for the reimbursement of costs associated with investigating real estate fraud. 20B APPROPRIATION ADJUSTMENT ACCEPTING FY 2011/12 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND - Police Department CITY COUNCIL MINUTES 5 AUGUST 20, 2012 MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2013-012 - Recognizing FY 2011/12 Supplemental Law Enforcement Services Funds in the amount of $275,138.44 into the revenue account and appropriate same into the expenditure accounts. 20C APPROPRIATION ADJUSTMENT ACCEPTING ADDITIONAL FY2011 HOMELAND SECURITY GRANT PROGRAM FUNDS - Police Department MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2013-019 - Recognizing additional FY 2011 Urban Areas Security Initiative funds in the amount of $300,000 in revenue account and appropriate same in the FY 2011 Urban Areas Security Initiative Program Grant expenditure accounts. 20D APPROPRIATION ADJUSTMENT ACCEPTING ORANGE COUNTY TRANSPORTATION AUTHORITY FUNDS FOR THE SENIOR MOBILITY PROGRAM - Parks, Recreation & Community Services Agency MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2013-010 - Accepting $247,665 in the Orange County Transportation Authority Senior Mobility Program revenue account and appropriate funds to the Senior Mobility Program expenditure accounts. PROJECTS/CHANGE ORDERS 23A CONTRACT AWARD FOR CENTENNIAL PARK WATERFOWL SANCTUARY AND THORNTON PARK WETLANDS RESTORATION (PROJECT NOS. 096037 & 096038) - Public Works Agency MOTION: 1. Award a contract to Green Giant Landscape, Inc. the lowest responsible bidder, in accordance with unit bid prices for estimated amount of $151,104, for construction of Centennial CITY COUNCIL MINUTES 6 AUGUST 20, 2012 1. Award a contract to Green Giant Landscape, Inc. the lowest responsible bidder, in accordance with unit bid prices for estimated amount of $151,104, for construction of Centennial Park Waterflow Sanctuary and Thornton Park Wetlands Restoration (Cienega de las Ranas) 2. Approve Funding Analysis with a total estimated construction cost of of $196,360. 3. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2013-009 - Recognizing $172,064 in the Parks Acquisition & Development Fund and appropriating this amount as matching funds fo the Centennial Park Waterfowl Sanctuary and Thornton Park Wetlands Restoration projects. 23B CONTRACT AWARD FOR SANTA ANA REGIONAL TRANSPORTATION CENTER IMPROVEMENTS (PROJECT NO. 126063) - Public Works Agency MOTION: 1. Award a contract to Joud Construction Company, Inc. the lowest responsible bidder, in accordance with the bid quantity prices in the amount of $91,170 for construction of the Santa Ana Regional Transportation Center Improvements. 2. Approve Funding Analysis with a total estimated construction cost of $118,519. AGREEMENTS 25A FEDERAL GOVERNMENT LIAISON SERVICES - With The Ferguson Group for an annual amount not to exceed $75,000 - City Manager's Office Continued from the July 2, 2012 City Council meeting by a vote of 6-0 (Bustamante absent) Considered at the August 6, 2012 City Council meeting to approve by a vote of 2-0 (Martinez, Benavides, No; Bustamente, Sarmiento and Tinajero absent), motion failed; and to continue matter to August 20, 2012 meeting by a vote 2-0 (Alvarez, Pulido, No; Bustamente, Sarmiento and Tinajero absent) motion failed CITY COUNCIL MINUTES 7 AUGUST 20, 2012 MOTION: Continue consideration of matter to the September 4, 2012 City Council Meeting. 25B AMENDMENT - INMATE MEDICAL SERVICES - With Correctional Managed Care Medical Corporation in an annual amount not to exceed $1,373,732 - Police Department MOTION: Continue consideration of matter to the September 4, 2012 City Council Meeting. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Benavides Alvarez, Benavides, Martinez, Pulido, Tinajero (5) None (0) None (0) Bustamante, Sarmiento (2) 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. (Items, 25C, 25D, 25E, 25G, 25H, and 251) 25C AGMT NO. 2012-173 - AMENDMENT - ANIMAL LICENSE FEE COLLECTION PROGRAM - With Civic Collections, Inc. for an additional amount of $15,975 for a total contract amount of $115,975 - Police Department 25D AGMT NO. 2012-174 - AMENDMENT - CABLING SERVICES - With PCC Network Solutions for a one-year period in an amount not to exceed $45,000 per year - Finance & Management Services 25E AGMT NO. 2012-175 - AMENDMENT - INTERNET ACCESS SERVICES - With Cogent Communications, Inc., to exercise an option for the second extension to the existing agreement for a term of three years in an amount not to exceed $150,000 - Finance & Management Services CITY COUNCIL MINUTES 8 AUGUST 20, 2012 25F AMENDMENTS - CONSULTING SERVICES FOR INFORMATION TECHNOLOGY - With the following firms Concorde Consulting, Inc., SoftMaster, Inc., The Comdyn Group, Inc., and Telfords for a total compensation of $3,290,000 and extending the term for a one year term or until the funds are expended - Finance & Management Services MOTION; Continue consideration of matter to the September 4, 2012 City Council Meeting. MOTION: Martinez SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Martinez, Pulido, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Bustamante, Sarmiento (2) 25G AGMT NO. 2012-176 - AMENDMENT - CONCESSION SERVICES AT THE SANTA ANA STADIUM - With Karmina Restaurant for a term through August 31, 2014 - Parks, Recreation & Community Services Agency *Councilmember Martinez recused herself from vote on Item 25G due to receiving campaign contributions to her State Assembly race, and left the dais 25H AGMT NO. 2012-177 - ADVANCED TRAFFIC MANAGEMENT SYSTEM AND COMMUNICATION SYSTEMS ON-CALL REPAIR SERVICES - With Crosstown Electrical & Data, Inc. for a three-year agreement with an option to extend the contract for two one-year renewals in an amount not to exceed $50,000 per year - Public Works Agency 251 AMGT NO. 2012-178 - TELEPHONE SERVICE REIMBURSEMENT - With the State of California, Employment Development Department in an amount not to exceed $37,816 - Community Development Agency **END OF CONSENT CALENDAR** CITY COUNCIL MINUTES 9 AUGUST 20, 2012 BUSINESS CALENDAR ITEMS ORDINANCES/FIRST READING 50A RESOLUTION AND ORDINANCE - RELATING TO THE ENFORCEMENT OF PARKING REGULATIONS AND TRAFFIC CONTROL - Police Department Council discussion ensued. Mayor Pro Tern Alvarez, Councilmembers Martinez and Benavides expressed concerns, additional information and questions regarding item. Mayor Pulido commented on mechanisms used to communicate the change. City Manager/Police Commissioner Walters and Santa Ana Police Deputy Chief Rojas provided responses to Council's concerns and questions. MOTION: 1. Adopt a resolution. RESOLUTION NO. 2012-038 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING PARKING CONTROL ENFORCEMENT CONTRACTORS TO PERFORM PARKING ENFORCEMENT AND TRAFFIC CONTROL SERVICES 2. Place ordinance on first reading and authorize publication of title. ORDINANCE NS-2837 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE RELATING TO ENFORCEMENT OF PARKING CONTROL REGULATIONS AND TRAFFIC CONTROL SERVICES MOTION: Martinez SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Martinez, Pulido, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento, Bustamante (2) CITY COUNCIL MINUTES 10 AUGUST 20, 2012 RESOLUTIONS 55A RESOLUTION APPROVING RELOCATION PLAN FOR THE GRAND AVENUE WIDENING PROJECT BETWEEN FIRST AND FOURTH STREETS (PROJECT NO. 081732 - NONGENERAL FUND) - Public Works Agency MOTION: Adopt a resolution. RESOLUTION NO. 2012-039 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE RELOCATION PLAN FOR THE GRAND AVENUE WIDENING PROJECT BETWEEN FIRST AND FOURTH STREET (PROJECT NO. 08-1732) MOTION: Alvarez SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Martinez, Pulido, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento, Bustamante (2) ADMINISTRATIVE MATTERS REPORTS 65A REPORT ON CITYWIDE RECORDS RETENTION AND DESTRUCTION POLICY - City Manager, Clerk of the Council and City Attorney Offices City Attorney Carvalho provided updated policy as prepared by BBK Law Firm and informed Council that she would begin working with the Clerk of the Council to update the City's policy. Mayor Pro Tern directed City Manager to place item back on agenda for next City Council meeting as an 85A and requested a moratorium on City records destruction until the policy has been updated. City Manager Walters concurred. MOTION: Receive and file report MOTION: Alvarez SECOND: Martinez CITY COUNCIL MINUTES 11 AUGUST 20, 2012 VOTE: AYES: Alvarez, Benavides, Martinez, Pulido, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento, Bustamante (2) AGENDA ITEM TAKEN OUT OF ORDER 19B EXCUSED ABSENCES MOTION: Excuse the absence of Councilmember Sarmiento from the August 20, 2012 City Council and Successor Agency meetings. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Alvarez Alvarez, Benavides, Tinajero (5) None (0) None (0) Sarmiento, Bustamante (2) Martinez, Pulido, Mayor Pro Tern asked to revisit Item 65A to ensure that no destruction of records take place until the policy has been updated and to make part of motion. Mayor Pulido requested that the record reflect such direction (without a re-consideration of motion). RECESSED THE CITY COUNCIL MEETING AND CONVENE TO THE SUCCESSOR AGENCY MEETING AT 7:10 P.M. CITY COUNCIL MEETING RECONVENED AT 7:11 P.M. WITH ALL MEMBERS PRESENT WORK STUDY SESSION WSA SANTA ANA - BUILDING HEALTHY CHOICES City Manager introduced Gerardo Mouet, Executive Director, Parks, Recreation & Community Services Agency; Director Mouet showed a video "Santa Ana Building Healthy Choices", and highlights are as follows: CITY COUNCIL MINUTES 12 AUGUST 20, 2012 Our Challenge • Existing Recreational Open Space Ratio o 0.9 acres per 1,000 population • Santa Ana Municipal Code o Section 35-108 - indicates "Development of parks.... shall be sufficient to provide two(2) acres per one thousand (1000) population in the city" New City Park Sites (6 New Projects) New Private/Non-Profit Parks (2 New Projects) New Bike Trail Improvements (3 New Projects) New Joint Use Sites (5 New Projects) New City Park Sites • Pacific Electric - 1.39 acres • McFadden Triangle - 0.78 acres • Fairview Triangle - 0.3 acres • 17th Street Site -0.66 acres • Edna Park - 1.97 acres • Centennial Park (Fire Training Facility) - 3.51 acres • Private Park on Standard and McFadden - 0.66 acres • Latino Health Access Park -0.58 acres • Flower Street Bike Trail - 1 mile (Phase 1 -.5 and Phase II -.5) • Memory Lane Bike Lane -.5 miles • Bristol Street Bike Lane - .75 miles • Garfield Community Center -.48 acres & Two story building • Willard Intermediate Park - 4.55 acres • Roosevelt/Walker Elementary Park -2.7 acres • Monte Vista Elementary School - 4.6 acres • Madison Park Community Garden -.13 acres A New Ratio • 1.48 acres per 1,000 population How we fix things in the parks • General Maintenance Staff • Contracts Resources Available • PRCSA addresses park repairs in two ways o Agency Staff ¦ 5 General Maintenance Workers ¦ 1 General Maintenance Leader ¦ 1 Contract Administrator Contract Services • $100,000 General Fund available CITY COUNCIL MINUTES 13 AUGUST 20, 2012 • $500,000 was available in the General Fund a few years ago Resources Available • Request for repairs are received from various sources The Contract Administrator prioritizes work based on the following criteria: • Health & Safety - Immediate/Agency Priority • Safety & Preventative Maintenance • Routine Assignments • General Maintenance Staff • Work that can be repaired in less than 2 or 3 days Contracted Out • Work that is complicated • Needs special equipment • Will take over 3 days Current Needs • Two General Maintenance Worker position vacant and needs to be filled • Ideal funding for Contract Services $500,000 to contract repair work Communication Process • The Community Services Supervisors are the community's first point of contact on anything related to parks, trails, recreation centers, programs, and services. ?R! -- q C ? N \ RVAM MCMATXM AND OOMMUNfY SEItVlC6 AGBICY Mayor Pulido left the meeting at 7:22 p.m. and Mayor Pro Tern Alvarez assumed the Chair. CITY COUNCIL MINUTES 14 AUGUST 20, 2012 COMMENTS 90A CITY MANAGER'S COMMENTS - City Manager Walters invited everyone to tour the Heritage Museum; thanked for hosting and Councilmember Tinajero for suggesting location. 90B CITY COUNCILMEMBER COMMENTS Councilmember Tinajero • State he was impressed when first visiting the museum and was interested in giving the facility exposure to community; and • Thanked SACReD supporters that were present and reassured that staff continues to work on sunshine ordinance; proposed adoption date of September 17tH Councilmember Benavides • Thanked the Heritage Museum for hosting meeting; promoted museum's website and thanked Councilmember Tinajero for suggesting location; • Indicated that steps are being taken by Council for community proposed sunshine ordinance; pointed out "Upcoming Agenda Items" list on the Council agenda and noted that sunshine ordinance is listed, • Appreciates the diversity of the public speakers; • Encouraged all to visit the City's website; explained Nixel" link and recommended signing up to receive communication from the City; and • Thanked all for being supportive of City and shop in Santa Ana. Councilmember Martinez • Thanked museum for hosting meeting; • Reflected on personal/professional growth since first being elected to City Council; • Spoke about City's vision, and made suggestion to City Manager to do outreach with Community prior to having City Council retreat; • Noted that sunshine ordinance is on upcoming agenda items list; process is transparent, staff is working hard to assure accuracy; hope to have a draft at September 17th meeting; • Invited everyone to a "Walk and Talk" event at Memorial park, 5:30 p.m. on Wed. sponsored by her; • Remarked on Councilmember Bustamante's absences from Council meetings affect in resolving important Council matters; requested resignation; and having respect for his personal matter; • Shared her experience at Disaster Preparedness training at NALEO, which was not paid by City; discussed learning first responder's role as CITY COUNCIL MINUTES 15 AUGUST 20, 2012 elected officials; and stressed the importance of being prepared for an emergency as a Community. Mayor Pro Tern Alvarez • Requested update from City Attorney on the FPPC conflict of interest matter regarding Councilmembers Martinez and Sarmiento; asked that the PBID Item be placed on September 4, 2012 Council meeting agenda as an 85A, as well as the Downtown Inc. budget item; • Made mention of Santa Ana Unified School District as a very important entity and joint use participant; reflected on past challenges with Godinez and Discovery Science, with Mayor having led through issues along with good leadership and much help of others; • Complimented museum on improvements; offered City's assistance and thanked for hosting; announced a forthcoming Mendez exhibit; • Congratulated the SACReD group on success in proposing ordinance and process; echoed fellow Councilmembers comments regarding transparency and; asked SACReD to go out and boast about Santa Ana and great things happening in the City. ADJOURNED: 8:16 p.m. - The next meeting of the City Council is scheduled for Tuesday, September 4, 2012 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. 4c"---c f'1ut?C) Rose Ann Trujillo Sr. Deputy Clerk of the Council UPCOMING AGENDA ITEMS • Tow Truck Franchises • Enforcement Permit Ordinance • Economic Development Ordinance • Update on Local Streets and Roadwork • Sunshine Ordinance • Go Local Project - Action items • Discovery Science Center - Expansion approvals • Academy High School - Approvals • Paramedic Services Agreement CITY COUNCIL MINUTES 16 AUGUST 20, 2012