HomeMy WebLinkAbout10A - MINUTES - 09-17-2012MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
SEPTEMBER 17, 2012
CLOSED SESSION MEETING
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
5:12 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor (5:17 p.m.)
CLAUDIA C. ALVAREZ, Mayor Pro Tern (5:15
P.M.)
P. DAVID BENAVIDES
CARLOS BUSTAMANTE
MICHELE MARTINEZ
VINCENT F. SARMIENTO
SAL TINAJERO (5:17 p.m.)
COUNCILMEMBERS Absent:
None
STAFF Present:
PAUL M. WALTERS, City Manager
SONIA R. CARVALHO, 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 SEPTEMBER 17, 2012
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PUBLIC COMMENTS - None
COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:13 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--EXISTING LITIGATION
pursuant to Government Code Section 54956.9(a)
¦ Shahir Gobran vs the City of Santa Ana, Case No. ADJ7398750
¦ Eddie Bentley vs the City of Santa Ana, Case Nos. ADJ752729,
ADJ3340399 and ADJ7719605
¦ Xavier De La Roca v. City of Santa Ana, Orange County Superior
Court, Case No. 30-2011-00453546
¦ Peebler vs. State of California Department of Finance, City of Santa
Ana, et al., Case No. 34-2012-80001172-CU-WM-GDS
¦ Maricruz Sanchez v. City of Santa Ana, Orange County Superior
Court, Case No. 30-2011-00486521
1 B CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
pursuant to Government Code Section 54956.9(b)
Property and Business Improvement District ("PBID")/Community
Management District (CMD), Downtown Inc.
1 C CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government
Code Section 54957.6
Agency Negotiators: Personnel Services Executive Director, Ed
Raya
Employee Organizations: Santa Ana Police Officers Association (POA)
CLOSED SESSION REPORT - See Item 19A. for Report.
ADJOURNED THE CLOSED SESSION MEETING AT 6:05 P.M. AND CONVENED TO
THE REGULAR OPEN MEETING
CITY COUNCIL MINUTES 2 SEPTEMBER 17, 2012
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REGULAR OPEN SESSION
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
6:16 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
CLAUDIA C. ALVAREZ, Mayor Pro Tern
P. DAVID BENAVIDES
CARLOS BUSTAMANTE
MICHELE MARTINEZ
VINCENT F. SARMIENTO
SAL TINAJERO
COUNCILMEMBERS Absent:
None
PLEDGE OF ALLEGIANCE
INVOCATION
STAFF Present:
PAUL M. WALTERS, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
MAYOR PULIDO
TIM FELKER, POLICE CHAPLAIN
CLOSED SESSION REPORT - See report on Agenda Item 19A.
PUBLIC COMMENT
• Bobi Keenan, commented on proposed Sunshine Ordinance - concerned with
additional costs to developers for translation of legal notices during the pre-
application process; also, commented on Agenda Item 25C concerned with total
contract amount and benefits included in employment contract for Clerk of the
Council.
• Ken Taylor, invited all to attend upcoming Jazz and Blues Festival on September
23rd hosted by merchants of Downtown Santa Ana.
• Fina Chavez, representing Committee to Disestablish CMD/PBID, concerned that
City Council not have disestablishment item on the agenda for consideration; urged
the City Council to disestablish.
• Sam Romero, spoke in support of the proposed Sunshine Ordinance; also, urged
City Council to bring CMD/PBID to an end.
CITY COUNCIL MINUTES 3 SEPTEMBER 17, 2012
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• Robert Escalante, invited all to Jazz and Blues Festival; seek support to disestablish
CMD/PBID.
• Richard Bohn, artist with Orange County Center for Contemporary Art, commented
on arbitrary and lengthy process in addition to having unnecessary fees for sign
permits.
• Alex Vega, noted that some members have been trying to get rid of CMD/PBID for
two years; congratulated Acting Police Chief Carlos Rojas on recent appointment.
• Rob Cook, concerned with benefit package included in Clerk of the Council
employment agreement (Agenda Item 25C); also commented on overall disclosure
and accountability of all officers.
• Barbara DeRoche, requested disestablishment of CMD/PBID.
• Ralph Allen, noted that City had participated in establishment of CMD/PBID and now
should disestablish.
• Tish Leon, spoke on Agenda Item 29A, opined that Board of Parks and Recreation
member Max Madrid should be removed from appointed position; also plaintiff
should reimburse City for cost of defending lawsuit.
CONSENT CALENDAR ITEMS
MOTION: Approve Consent Calendar Items 10A through 25G with the
following modifications:
¦ Mayor Pulido pulled Agenda Item 25F, for separate discussion;
¦ Councilmember Martinez pulled Agenda Items 19C, 25C, and 29A, for separate
discussion;
¦ Mayor Pro Tern Alvarez abstained on Agenda Item 29A; and
¦ Councilmember Benavides pulled Agenda Item 20B, for separate discussion.
MOTION: Sarmiento SECOND: Benavides
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.
CITY COUNCIL MINUTES 4 SEPTEMBER 17, 2012
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ADMINISTRATIVE MATTERS
MINUTES
10A MINUTES FROM THE REGULAR MEETING OF SEPTEMBER 4, 2012 -
Clerk of the Council Office
MOTION: Approve Minutes.
MISCELLANEOUS ADMINISTRATION
19A
19B
19C
CLOSED SESSION REPORT - City Attorney's Office
MOTION: Approve settlements as follows:
CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
pursuant to Government Code Section 54956.9(a)
¦ Maricruz Sanchez v. City of Santa Ana, Orange County Superior
Court, Case No. 30-2011-00486521; authorize settlement in the
amount of $145,000.
¦ Xavier De La Roca v. City of Santa Ana, Orange County Superior
Court, Case No. 30-2011-00453546; authorize settlement up to
$100,000.
• Eddie Bentley vs the City of Santa Ana, Case Nos. ADJ752729,
ADJ3340399 and ADJ7719605; Compromise and Release Agreement
in the amount of $120,000.
• Shahir Gobran vs the City of Santa Ana, Case No. ADJ7398750;
Compromise and Release Agreement in the amount of $22,000.
EXCUSED ABSENCES - None
REQUEST FOR PROPOSALS FOR MUNICIPAL PARKING
STRUCTURES OPERATOR - Community Development Agency
Councilmember Martinez requested that matter be continued until after the
disestablishment of CMD/PBID is resolved.
Mayor Pro Tern Alvarez asked City Attorney to clarify why Councilmember
Martinez is able to participate in this matter and not the disestablishment
of CMD/PBID. City Attorney Carvalho noted that the Fair Political
CITY COUNCIL MINUTES 5 SEPTEMBER 17, 2012
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Practices Commission (FPPC) regulates conflicts of interest; the set of
facts for the two items are different and because there is no foreseeable
impact on an RFP item and there is no financial benefit to her place of
residence she is able to participate on this matter.
MOTION: Continue consideration of matter until after the Public
Business Improvement District (PBID) / Community Facilities District
(CMD) matter resolved.
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Sarmiento
Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
None (0)
None (0)
None (0)
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20A APPROPRIATION ADJUSTMENT ACCEPTING THE OFFICE OF
TRAFFIC SAFETY GRANT, SELECTIVE TRAFFIC ENFORCEMENT
PROGRAM - Police Department
MOTION: Approve an appropriation adjustment. (Requires five
affirmative votes)
APPROPRIATION ADJUSTMENT NO. 2013-029 - Accepting the
California Office of Traffic Safety (OTS) "Selective Traffic Enforcement
Program Grant" in the amount of $177,492 into the revenue account and
appropriate same into the California Office of Traffic Safety (OTS)
"Selective Traffic Enforcement Program Grant" expenditure accounts.
20B APPROPRIATION ADJUSTMENT ACCEPTING THE OFFICE OF
TRAFFIC SAFETY GRANT, SOBRIETY CHECKPOINT PROGRAM -
Police Department
Councilmember Benavides commented on policy that allows unlicensed
drivers an opportunity to have cars picked up by licensed drivers and
noted that action for consideration does not affect policy.
CITY COUNCIL MINUTES 6 SEPTEMBER 17, 2012
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MOTION: Approve an appropriation adjustment. (Requires five
affirmative votes)
APPROPRIATION ADJUSTMENT NO. 2013-030 - Accepting the
California Office of Traffic Safety (OTS) "Sobriety Checkpoint Grant
Program" administered by the University of California Berkeley Safe
Transportation Research and Education Center (SafeTREC) in the
amount of $161,000 into the revenue account and appropriate same into
the California Office of Traffic Safety (OTS) "Sobriety Checkpoint Grant
Program" expenditure accounts.
MOTION: Benavides SECOND: Bustamante
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
22A SPEC. NO. 11-042 - ON-CALL SEWER REPAIR SERVICES (Public
Works Agency) - Finance & Management Services
MOTION; Renew the contract with Dominguez General Engineering,
Inc. for on-call sewer repair services for a one-year period, with
provisions for two one-year renewals, in an annual amount not to
exceed $500,000.
PROJECTS/CHANGE ORDERS
23A CONTRACT AWARD FOR 2012-2013 OMNIBUS CONCRETE
IMPROVEMENTS (PROJECT NO. 136780) - Public Works Agency
MOTION:
1. Award a contract to Hardy & Harper, Inc., the lowest responsible
bidder, in accordance with unit bid prices in the estimated
amount of $463,850 for construction of the Omnibus Concrete
Improvements Project.
2. Approve the funding analysis as follows: Construction Contract -
$463,850, Contract Administration - $13,900, Inspection and
CITY COUNCIL MINUTES 7 SEPTEMBER 17, 2012
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Testing - $23,190; Survey - $9,275, and Contingencies - $46,385,
for a total estimated construction cost of $556,600.
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. (Items
25A, 2513, and 25D through 25G)
25A AGMT NO. 2012-191 - AMENDMENT - LANDSCAPE MAINTENANCE
SERVICES AT THE SANTA ANA ZOO AT PRENTICE PARK - With Vista
Del Verde Landscape, for a nine-month period in an amount not to
exceed $97,746 and approve a 10% contingency for unanticipated work
for a total amount not to exceed $107,521 - Parks, Recreation &
Community Services Agency
25B AGMT NO. 2012-192 - AMENDMENT - PAVEMENT CLEANING
SERVICES AT THE CIVIC CENTER - With Hydroblast in an amount of
$43,370 for a six-month term - Parks, Recreation & Community Services
Agency
25C AGMT NO. 2012-193 - EMPLOYMENT AGREEMENT FOR CLERK OF
THE COUNCIL - Personnel Services Agency
City Attorney clarified that item for consideration clarifies terms of
employment, but salary and other benefits pre-date to 2009 when
employee hired.
Councilmember Benavides noted that employee had declined step
increases for past two years. Mayor Pro Tern Alvarez asked City Attorney
if automatic step increases permissible. City Attorney Carvalho noted that
recent legislation (AB1344) does not permit automatic increases, however
salary terms are grandfathered; any future increases would be negotiated
and approved by the City Council.
MOTION: Authorize the Mayor and City Manager to execute an
agreement, subject to non-substantive changes approved by the City
Manager and City Attorney with Maria D. Huizar as the Clerk of the
Council.
MOTION: Martinez SECOND: Benavides
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
CITY COUNCIL MINUTES 8 SEPTEMBER 17, 2012
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Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
25D AGMT NO. 2012-194 - AMENDMENT - INMATE FOOD SERVICE AND
KIOSKS - With Aramark Correctional Services to provide kiosks and
revise the food services menu which would increase the annual amount
not to exceed $1,294,325, effective September 1, 2012 - Police
Department
25E AGMT NO. 2012-195 - BROKER SERVICES FOR SALE OF SURPLUS
FIRE EQUIPMENT - With Firetec Used Apparatus Sales - Finance &
Management Services
25F AGMT NO. 2012-196 - APPROVAL OF FIRE/EMS EMERGENCY
AMBULANCE TRANSPORTATION AND RELATED SERVICES City
Manager's Office
Jimmy McNeal representing Shaefer Ambulance concerned with grading
panel selection process; noted that company had submitted lowest bid;
urged the City Council to continue consideration of matter to address any
concerns or questions by staff.
Bob Barry of CARE Ambulance, thanked staff for recommending company
to provide service; summarized experience and commitment to service
level.
Council discussion ensued. Councilmember Martinez thanked Orange
County Fire Authority and Division Chief Thomas for contract review
process; suggested training program be initiated with community college
and local high schools; use of the WORK Center programs and services
should be considered for future hires. Division Chief Thomas noted that
longer term contract sought to obtain better price.
Mayor Pro Tern Alvarez thanked CARE for concession made and thanked
Shaefer Ambulance and Chief Thomas for hard work.
1. Elect to retain final contract selection and contract award
authority for Exclusive Operating Area 20 - City of Santa Ana
CITY COUNCIL MINUTES 9 SEPTEMBER 17, 2012
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2. Approve the professional grading panel recommendation to
select CARE Ambulance Services, as the 9-1-1 Emergency
Ambulance Service provider for the City of Santa Ana effective
September 20, 2012, and authorize the City Manager to execute
the three-year Agreement including any non-substantive
amendments as determined by the City Attorney in an amount not
to exceed the three-year total contract amount of $2,881,675 for
the first year, $2,968,125 for year two and $3,057,169 for year
three; and
3. Authorize the City Manager to execute two optional one-year
extensions for a possible total contract period of five years; and
4. Upon completion of a cost analysis review of outsourcing the
ambulance billing function, if the results reflect an overall positive
benefit to the City of Santa Ana, authorize the City Manager to
enter into an agreement with CARE Ambulance Services to
perform the 9-1-1 ambulance billing for the City of Santa Ana at
the agreed upon rates as stated within the bid submittal.
MOTION: Pulido SECOND: Bustamante
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
25G AGMT NO. 2012-197 - AMENDMENT - ANNUAL MAINTENANCE AND
UPGRADE TO POLICE DIGITAL IMAGING MANAGEMENT SYSTEM
(JULY 1, 2012 - JUNE 30, 2013) - With Linear Systems in an amount not
to exceed $33,325.75 - Police Department
Mayor Pro Tern Alvarez stated for the record that she had a conflict of interest and
would be abstaining on Agenda Item 29A; she left the dais for the duration of the
discussion on that item.
MISCELLANEOUS - BUDGET
29A APPROVAL OF PAYMENT FOR OUTSIDE LEGAL COUNSEL FEES -
City Attorney's Office
CITY COUNCIL MINUTES 10 SEPTEMBER 17, 2012
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City Attorney Carvalho clarified that initial contract approved under City
Manager authority, but amount exceeded $25,000 threshold plaintiff
added party to lawsuit after documents had been prepared, thus increases
cost; city required to defend lawsuit brought against employee (in her
capacity); also, law firm successfully defended case.
Councilmember Benavides indicated that lawsuit was on voter approved
Measure D regarding term limits; services have been rendered and City
obligated to pay for defense.
Councilmember Tinajero opined that Measure D perceived to have
loophole.
MOTION: Approve payment of legal fees in the amount of $11,545.42
to Richards Watson & Gershon.
MOTION: Tinajero
VOTE: AYES:
NOES:
ABSTAINED
AND NOT
PRESENT:
ABSENT:
SECOND: Sarmiento
Benavides, Pulido, Sarmiento, Tinajero (4)
Martinez, Bustamante (2)
Alvarez (1)
None (0)
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR ITEMS
RESOLUTIONS
55A RESOLUTION AUTHORIZING PARTICIPATION IN THE CALIFORNIA
STATE PARKS HABITAT CONSERVATION FUND GRANT PROGRAM -
Parks, Recreation & Community Services Agency
MOTION: Adopt a resolution.
RESOLUTION NO. 2012-042 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR
GRANT FUNDS FROM THE HABITAT CONSERVATION FUND
CITY COUNCIL MINUTES 11 SEPTEMBER 17, 2012
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PROGRAM FOR THE SANTIAGO PARK OUTDOOR LEADERSHIP
PROGRAM
MOTION: Sarmiento SECOND: Pulido
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
AGENDA ITEM TAKEN OUT OF ORDER - WORK STUDY SESSION
WSA SUNSHINE ORDINANCE - City Manager's Office
Speakers:
• Apolonio Cortes, spoke in support of the sunshine ordinance as
proposed by SACReD, opined that ordinance would improve
community participation; San Jose has similar ordinance; submitted
200 petitions in support of ordinance.
• Eduardo Garcia, member of SEIU, represents 1,500 Santa Ana
members that support the ordinance.
• Rev. Arturo Ferreras, commented on struggles of surrounding
communities to have representation; community requesting ordinance.
• Ana Lydia Tutila, commented on importance of transparency; thanked
staff and elected officials for meeting with coalition; requested that a
2nd pre-development meeting be added to the ordinance.
• Tish Leon, indicated that item brought forth through grassroots efforts;
opined that ordinance should benefit community and end back door
deals with developers.
• Albert Castillo, expressed support for sunshine ordinance; endorse
option 1 of the open calendars item; more open space and low income
housing needed; not pleased to see Councilmember Bustamante at
meeting.
• Laura Garibay, lifelong resident of the City; congratulated City on
efforts thus far on sunshine ordinance; support mandatory lobbyist
registration item; submitted 200 petitions in support of ordinance.
• Sam Romero, requested assistance to all business members and the
community as a whole ; supports sunshine ordinance.
• Mathew Southgate, noted that September 17, 2012 marked the one-
year anniversary of the Occupy Santa Ana Ana Movement; supports
sunshine ordinance.
CITY COUNCIL MINUTES 12 SEPTEMBER 17, 2012
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• Mathew Harden, represents over 3,000 SEIU members; opined that
ordinance would allow for more transparency.
• America Bracho, Director of Latino Health Access, opined that
ordinance will allow for more community participation and influence
decision making; submitted additional 200 petitions in support of
sunshine.
• Hairo Cortes, member of Dream Team that represents the
undocumented and disenfranchised; sunshine ordinance would be
mechanism to allow their voices to be heard; submitted 200 more
petitions in support of ordinance.
• Cesar Covarrubias, Executive Director of the Kennedy Commission,
increased transparency would improve quality of life; opined that
language as proposed by SACReD allows for full participation and
consistency; presented 200 petitions in support of sunshine.
• Dave Elliott, of the Santa Ana Chamber of Commerce, requested
continuance of matter to allow the Chamber of Commerce to discuss
item at upcoming board meeting.
• Pastor Lee, of Templo Calvario, noted that sunshine ordinance has
received board community support.
• Gilbert Davila, presented 200 petitions supporting sunshine ordinance;
requested ranking and results of all request for proposals be available
to the public and posted on the web and have mandatory lobbyist
registration.
• Ruby Woo, member of Artesia Pilar neighborhood association,
supports strong sunshine ordinance; spoke on need for community to
participate in budget process; presented 200 additional petitions.
• Theresa Dang, concerned with campaign contributions and influence
of contributors; support sunshine ordinance.
• Eric Altman, Executive Director of OCCORD, hoped for 1St reading of
sunshine ordinance at tonight's meeting; supports 2nd meeting as part
of pre-development process.
• Jose Rea, of Santa Ana Healthy Neighborhood Alliance and resident of
Madison Park neighborhood association, expressed strong support for
sunshine ordinance and believes civil unrest could be avoided by
having better informed residents.
• Lara Montagne, Executive Director of the Grain Project, opined that
perseverance helped her bring Farmer's Market to Downtown.
• Rick Tovar, local organizer for SEIU 9100, represent approximately
3,000 members that reside in Santa Ana; supports sunshine
ordinance.
• Joe-say Hernandez, of El Centro Cultural de Santa Ana, supports
sunshine ordinance; request triggers for displaced residents.
• Jeff Dickman, resident of French Park neighborhood association,
commented on minimum notification vs. sunshine proposed
notification; lobbyist registration should replicate the City of Los
Angeles robust program; urged the City Council to adopt sunshine
ordinance and leave a legacy.
CITY COUNCIL MINUTES 13 SEPTEMBER 17, 2012
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• Connie Hamilton, thanked council candidates for attending Connect-to-
Council forum; the Comlink forum will be held on September 27th;
suggested that pre-development requirements would be a road bock
for business development.
• Christian Abasto, of Public Law Center, attorney working with
SACReD, concerned with staff recommendations on pre-development
meetings and lobbyist registrations.
• Gloria Giraldo, of Building Healthy Communities Initiative, noted
importance of holding a 2nd meeting on pre-development applications;
urged city council to adopt as proposed by coalition.
• Lee Chalker, of Orange County Congregation Community Organization
(OCCCO), expressed support of sunshine ordinance and expanded
participation of community.
Councilmember Tinajero requested staff presentations on
recommendations.
Section on Public Access to Meetings presented by Clerk of the Council
Huizar. Huizar indicated that all City Council Agendas will include a list of
"future agenda items" that would include development projects and major
projects forthcoming; also, agendas would be made available 96-hours in
advance from current State requirement of 72-hours. City Council
concurred with staff recommendations.
Section on Access to Contracts, Bids and Proposals presented by Public
Woks Executive Director Raul Godinez, II. Godinez indicated that posting
of Request for Proposal (RFP) would be posted on the web and all RFP's
would be posted in central location, but not ranking. Council requested
that rankings be made available upon request
Section on Lobbyist Registrations introduced by Clerk of the Council
Huizar. Staff recommends posting of the campaign contribution reports,
statements of economic interest, and behest donations on City's website
rather than duplicating information through a lobbyist registration program.
The State of California (Fair Political Practices Commission) already
requires disclosure of information requested; threshold for disclosure on
State forms lower than SACReD's proposed $250 limit. Council accepted
staff recommendation.
Section on Budget Hearings and Strategic Plan presented by City
Manager Walters. Staff recommends community meetings upon request
and not dictated by a request of 30 or more residents; strategic plan in
development stage. Council suggested that ordinance include language
that would require community participation and input before city council
consideration and approval; allow for periodic reviews, instead of date
specific requirements; and extend notification to entire community through
social media and other avenue available on all meetings.
CITY COUNCIL MINUTES 14 SEPTEMBER 17, 2012
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Section on Open Calendars presented by City Attorney Carvalho. Staff
recommends option 2 that would be in line with the ordinance approved by
the City of San Jose. City Attorney clarified difference between option 1
and 2 - option 1 includes exceptions to disclosure, while option 2 includes
type of meetings required to be disclosed. Council agreed on option 1
requiring executive staff to post calendars on web, same as elected
officials; also, requested language in ordinance that would not incriminate
an official if information missed.
Section on Public Meetings for Certain Development Projects was
presented by Executive Director of Planning and Building, Jay Trevino.
Staff recommends one pre-development meeting during the site plan
review process phase and have requirement apply to all development and
not exclude affordable housing projects as proposed by Coalition. Council
concerned with displacement of residents; City Attorney Carvalho
indicated that private development does not require relocation unless
federal subsidy received. Pre-development meeting would allow
community concerns to be disclosed and comments made part of the
record. SACReD Coalition representative Ana Urzua urged the City
Council to include a 2nd pre-development meeting be included in the
ordinance.
City Council directed the City Attorney to incorporate suggestions into the
sunshine ordinance and bring back to the City Council for a first reading.
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 REPORT ON CITYWIDE RECORDS RETENTION AND DESTRUCTION
POLICY - Mayor Pro Tern Alvarez and Councilmember Sal Tinajero -
At the August 20, 2012 City Council meeting Mayor Pro Tem requested
that item be placed on the September 4, 2012 City Council meeting.
At the September 4, 2012 City Council meeting Mayor Pro Tem Alvarez
requested item be agendized on the next City Council agenda for status
report from staff.
Mayor Pro Tern Alvarez indicated that a City Records Retention and
Destruction Review Committee appeared to have met and has established
a tentative timeline to review and adopt a revised policy. She requested
matter be re-agendized after October, 2012 to receive update.
CITY COUNCIL MINUTES 15 SEPTEMBER 17, 2012
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85B
CONSIDER HOLDING ALL REGULAR CITY COUNCIL MEETINGS IN
THE COUNCIL CHAMBER - Councilmembers Martinez & Benavides
Councilmember Benavides requested that all meetings of the City Council
be held in the Council Chamber to better accommodate community
members. Councilmember Martinez noted that accessibility to meetings in
the Police Community Center has been an issue. Councilmember
Tinajero requested flexibility in continuing to meet at other facilities, as
needed.
MOTION: Direct staff to schedule City Council Meetings in the
Council Chamber, unless directed otherwise.
MOTION: Benavides SECOND: Martinez
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
85C
DISCUSSION OF LITTLE SPARROW RESTAURANT APPROVALS -
Mayor Pulido
Applicant Bruce Marsh addressed the City Council; requesting full liquor
license.
Mayor Pulido proposed setting matter for public hearing since the
Planning Commission considered matter, but no decision reached with 2-2
vote.
Councilmembers Tinajero and Sarmiento expressed concern with
circumventing process by not allowing the Planning Commission to
reconsider matter with full board present.
City Attorney Carvalho indicated that the Santa Ana Municipal Code
allowed the City Council to schedule a public hearing on matters
considered by the Planning Commission.
MOTION: Direct the Planning Commission to reconsider Conditional
Use Permit No. 2012-19 filed by Bruce Marsh and Naseem Aflakian of
Floral Park Cafe, LLC.
MOTION: Pulido SECOND: Benavides
CITY COUNCIL MINUTES 16 SEPTEMBER 17, 2012
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VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
COMMENTS
90A CITY MANAGER'S COMMENTS - None
90B CITY COUNCILMEMBER COMMENTS
Councilmember Martinez:
• Commented on successful Fiestas Patrias held over the weekend;
• Requested moment of Silence in commemoration of 9-11 tragedy; and
• Requested adjournment of meeting in memory of Manny Macias.
Mayor Pro Tern Alvarez:
• Invited all to attend the Jazz and Blues Festival on September 23rd at
12 noon at Original Mike's; and
• Adjourn meeting in memory of Carlos Alfonso deRosas.
ADJOURNED- 12:36 A.M. - The next meeting of the City Council is scheduled for
Monday, October 1, 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.
Adjourn in Memory of
Carlos Alfonso DeRosas
and
Manny Macias
Maria D. Huizar,
Clerk of the Council
CITY COUNCIL MINUTES 17 SEPTEMBER 17, 2012
1 0A-17
FUTURE AGENDA ITEMS
• Tow Truck Franchises
• Economic Development Ordinance
• Update on Local Streets and Roadwork
• Street Car Project Update and Action items
• Discovery Science Center - Expansion approvals
• Update Citywide Classification and Compensation Plan
CITY COUNCIL MINUTES 18 SEPTEMBER 17, 2012
1 0A-18