HomeMy WebLinkAbout10A - MINUTES - 12-03-12MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
DECEMBER 3, 2012
CLOSED SESSION MEETING
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
5:06 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 (5:14 p.m.)
COUNCILMEMBERS Absent:
None
STAFF Present:
PAUL M. WALTERS, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
PUBLIC COMMENTS - None
COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:06 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)
Donald Stow v. City of Santa Ana; WCAB Case No. Unassigned
• Sandra and John Bitz v. City of Santa Ana, United States District Court
Case # SACV12-1144 JVS (ANx)
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• Del Castillo v. City of Santa Ana, Orange County Superior Court Case
No. 30-2010-0038134.
1B CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
pursuant to Government Code Section 54956.9(b) - One Matter
1C CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government
Code Section 54957.6
Agency Negotiators: Personnel Services Executive Director, Ed
Raya
Employee Organizations: (SEIU) Full-Time Employees
Service Employees' International Union
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
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REGULAR OPEN SESSION
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
6:10 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
STAFF Present:
PAUL M. WALTERS, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
PLEDGE OF ALLEGIANCE MAYOR PULIDO
INVOCATION GARY TUCKER, POLICE CHAPLAIN
CLOSED SESSION REPORT - See report under Agenda Item 19A.
PUBLIC COMMENT
• Rene Guzman, thanked the City Council for support and wished all well.
CONSENT CALENDAR ITEMS
MOTION: Approve Consent Calendar Items 10A through 31 B.
MOTION: Martinez SECOND: Benavides
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido,
Tinajero (6)
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NOES: None (0)
ABSTAIN: None (0)
ABSENT: Sarmiento (1)*
*Councilmember Sarmiento not present at the dais for consideration
of Consent Calendar items.
ADMINISTRATIVE MATTERS
MINUTES
10A MINUTES FROM THE REGULAR MEETING OF NOVEMBER 19, 2012 -
Clerk of the Council Office
MOTION: Approve Minutes.
ORDINANCES/SECOND READING
In the event a Councilmember recorded an "abstention" before consideration of the following
ordinance(s) on first reading, such abstention will also be reflected in the minutes for second reading.
11A ZONING ORDINANCE AMENDMENT NO. 2012-02 TO AMEND
SPECIFIC DEVELOPMENT NO. 65 TO ALLOW THE RENOVATION AND
EXPANSION OF THE DISCOVERY SCIENCE CENTER AT 2500 NORTH
MAIN STREET - Planning and Building Agency
Placed on first reading at the November 19, 2012 City Council meeting
and approved by a vote of 7-0.
Published in the Orange County Reporter on November 23, 2012.
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NO. NS-2840 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT
NO. 65 (SD-65) TO ALLOW THE RENOVATION AND EXPANSION OF
THE DISCOVERY SCIENCE CENTER AT 2500 NORTH MAIN STREET
(ZOA NO. 2012-02)
BOARDS / COMMISSIONS / COMMITTEES
13A APPOINTMENT TO THE SANTA ANA WORKFORCE INVESTMENT
BOARD - Community Development Agency
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MOTION: Appoint Nathan Nishimoto, Director, Family Self-
Sufficiency Division, replacing Maritza Rodriquez Farr, as the Orange
County Social Services Agency representative on the Santa Ana
Workforce Investment Board.
MISCELLANEOUS ADMINISTRATION
19A CLOSED SESSION REPORT - City Attorney's Office
MOTION: Approve Settlement and Stipulation Agreement in the
amount of $56,357.47
CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
pursuant to Government Code Section 54956.9(a); Donald Stow v. City of
Santa Ana; WCAB Case No. Unassigned.
19B EXCUSED ABSENCES - None
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20A ACCEPTING DEVELOPER CONTRIBUTION FUNDS FOR A BUS PAD
AT THE NORTHEAST CORNER OF MCFADDEN AND GRAND - Public
Works Agency
MOTION: Approve an appropriation adjustment. (Requires five
affirmative votes)
APPROPRIATION ADJUSTMENT NO. 2013-066 - Accepting a developer
contribution in an amount of $27,700 into the Select Street Construction
revenue account and appropriate the funds to the Select Street
Construction expenditure account for the Lyon Street Rehabilitation
Project (Project 12-6775).
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
MOTION: Award in accordance with Request for Council Action.
(Items 22A through 22D)
22A SPEC. NO. 12-069 - COMMVAULT PREMIER COMPUTER SUPPORT
AND MAINTENANCE RENEWAL - Award a contract to En Pointe
Technologies Sales Inc. in an annual amount not to exceed $40,000, with
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an option to extend for up to three additional one-year renewals - Finance
& Management Services
22B SPEC. NO. 12-070 - TACTICAL BODY ARMOR VESTS - Award a
contract to Adamson Police Products for the purchase of tactical body
armor vests in an amount of $33,700; and an annual blanket contract in an
amount of $25,000 to provide miscellaneous police equipment and traffic
flares, for a total annual amount not to exceed $58,700 (Police
Department) - Finance & Management Services
22C SPEC. NO. 12-073 - TREATING SANITARY SEWER MANHOLES -
Award a contract to Golden Bell Products, Inc. for a one-year period, with
provision for three one-year renewals, in an annual amount not to exceed
$50,000 (Public Works Agency) - Finance & Management Services
22D SPEC. NO. 12-074 - POLICE VEHICLE CONVERSION PARTS AND
EQUIPMENT - Amend the contracts to increase the aggregate limit of
each vendor by the following amount: (Finance & Management Services)
Vendor
Go Rhino Products
Federal Signal Corp.
Power Guardian, Inc.
Location Amount
Brea $22,000
Anaheim $36,000
North Plains, OR $ 9,000
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 25E)
25A AGMT NO. 2012-241 - AMENDMENT - PROVIDE AUTOMATED
PARKING CITATION PROCESSING SYSTEM - With Phoenix Group
Information Systems, for a one-year extension in an amount not to exceed
$250,000 - Police Department, Public Works Agency and Community
Development Agency
25B FEDERAL TRANSIT AUTHORITY SECTION 5307 FUNDING FOR
SECURE BIKE PARKING SYSTEMS PROJECT 13-6791 - Public Works
Agency; Parks, Recreation, & Community Services Agency
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1. AGMT NO. 2012-242 - COOPERATIVE AGREEMENT NO. C-2-1640
- With the Orange County Transportation Authority in an amount of
$164,250, to provide Federal Transit Authority Section 5307 Funds for
the Secure Bike Parking Systems project;
2. Approve a Title VI Plan of the Civil Rights Act of 1964 as a condition of
receiving Federal Transit Authority funding.
25C AGMT NO. 2012-243 - AMENDMENT - REIMBURSEMENT OF
CONSTRUCTION COST AT WILLARD INTERMEDIATE PARK - With the
Santa Ana Unified School District - Parks, Recreation & Community
Services Agency
25D AGMT NO. 2012-244 - AMENDMENT - JANITORIAL MAINTENANCE
SERVICES - With Able Building Maintenance Company for a six-month
extension not to exceed amount $185,000 - Police Department
25E AGMT NO. 2012-245 - MAINTENANCE OF THE SANTA ANA STADIUM
SCOREBOARD AND MARQUEE - With Daktronics, Inc. for a five-year
period in an amount of $31,590 - Parks, Recreation & Community
Services Agency
LAND USE MATTERS
CONDITIONAL USE PERMIT/VARIANCES
31A CONDITIONAL USE PERMIT NO. 2012-24 TO PERMIT AN INDOOR
SPORTS FACILITY AT 1404 SOUTH VILLAGE WAY - AUSTRAILIAN
SWIM SCHOOL, APPLICANT - Planning and Building Agency
Recommended action approved by the Planning Commission on
November 13, 2012, by a vote of 5-0 (Acosta absent).
MOTION: Receive and file the staff report approving Conditional Use
Permit No. 2012-24 as conditioned.
31 B VARIANCE NO. 2012-09 TO ALLOW A MONUMENT SIGN TO EXCEED
THE ALLOWABLE HEIGHT, WIDTH AND SIGN AREA AT THE
BROOKHOLLOW OFFICE PARK LOCATED AT 1500 EAST WARNER
AVENUE - BROOKHOLLOW OFFICE PARK ASSOCIATION,
APPLICANT - Planning and Building Agency
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Recommended action approved by the Planning Commission on
November 13, 2012, by a vote of 5-0 (Acosta absent).
MOTION: Receive and file the staff report approving Variance No.
2012-09 as conditioned.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR ITEMS
RESOLUTION
55A RESOLUTION AFFIRMING THE ADOPTION OF MEASURE M2 YEAR-
END EXPENDITURE REPORT - Public Works Agency
MOTION: Adopt a resolution.
RESOLUTION NO. 2012-050 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA ADOPTING THE FY 2011/12 MEASURE
M2 EXPENDITURE REPORT FOR THE CITY OF SANTA ANA
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
PUBLIC HEARING
SECOND: Benavides
Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
None (0)
None (0)
None (0)
75A PUBLIC HEARING - MODIFY CHAPTERS 41 AND 11 OF SAMC
RELATED TO ALCOHOL SALES AND ENTERTAINMENT (ZOA NO.
2012-03) - Planning and Building Agency
Legal Notice published in the Orange County Reporter on November 23,
2012.
Matter to be considered by the Public Safety Council Committee.
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MOTION: Continue consideration of matter to the February 4, 2013
City Council Meeting, at the request of staff.
MOTION: Benavides SECOND: Sarmiento
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
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 Tern requested
that item be placed on the September 4, 2012 Council meeting. At the
September 4, 2012 City Council meeting Mayor Pro Tern Alvarez
requested item be agendized on the next City Council agenda for status
report from staff. At the September 17, 2012 City Council meeting Mayor
Pro Tern Alvarez requested matter be re-agendized after October 2012 to
receive update. At the November 19, 2012 City Council meeting Mayor
Pro Tern Alvarez requested matter to be agendized for further updates.
Clerk of the Council Huizar indicated that staff would bring matter for
Council consideration in January, 2013.
Councilmember Martinez declared a conflict of interest on Agenda Item 85B, left the
dais and did not participate in the discussion of the matter.
City Attorney Carvalho reported that the Fair Political Practices Commission recently
issued a legal opinion for an elected official with same issue points as Mayor Pulido and
determined that it was not a conflict of Interest and able to participate in the discussion
of Agenda Item 85B.
85B 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, SETTING PUBLIC HEARING FOR
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DISESTABLISHMENT, AND ORDINANCE REPEALING PROPERTY
AND BUSINESS IMPROVEMENT DISTRICT ("PBID") - Mayor Pro Tern
Alvarez
Continued from the August 24, September 19, October 3, October 17,
November 7, 2011 meetings; July 2, August 6, 2012, September 4, 2012,
October 1, 2012, October 15, 2012, and November 19, 2012 City Council
meetings.
Mayor Pulido requested that Ordinance to repeal PBID be agendized at a
future meeting. Noted that he does not support assessment of fees.
Councilmember Sarmiento noted that mediation agreed upon by both
parties and date being discussed.
Mayor Pro Tern Alvarez requested clarification from the City Attorney on
ordinance to repeal Property and Business Improvement District (PBID).
Made a motion to set matter for public hearing.
MOTION: SET A PUBLIC HEARING FOR DISESTABLISHMENT OF
PROPERTY AND BUSINESS IMPROVEMENT DISTRICT ("PBID").
MOTION: Alvarez SECOND: Tinajero
Motion failed 2-4 (Noes: Benavides, Bustamante, Pulido, Sarmiento and
Abstain/Absent: Martinez).
CITY COUNCIL MEETING RECESSED TO THE HOUSING AUTHORITY MEETING
AT 6:35 P.M. AND RECONVENED AT 6:36 P.M
*Councilmembers Benavides and Sarmiento left the meeting at 7:00 p.m. and did
not return.
PRESENTATIONS
MAYOR PULIDO
1. EMPLOYEE SERVICE AWARDS presented to:
20 YEARS OF SERVICE
25 YEARS OF SERVICE
* Donna L. Estrada, Correctional
Supervisor, Police Department
* Jose L. Martinez, Maintenance Worker
II, Public Works Agency
* Loretta Tafoya, Exec. Secretary, Police
Department
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Luisa Mendoza, Payroll Technician,
Finance and Management Services
AGency
35 YEARS OF SERVICE
Gloria A. Perez, Police Service Officer,
Police Department
2. CERTIFICATE OF RECOGNITION presented to Arik Shafir, Esq. of Gene
Goldsman Law Offices for architectural improvements and exceptional
renovations to the property located at 501 W. Civic Center Plaza, Santa Ana.
MAYOR PRO TEM ALVAREZ
1. CERTIFICATES OF RECOGNITION presented to individuals and organizations
that have made outstanding contributions to the community in Public Safety,
Business, Education, Arts, Labor and Neighborhood Leadership.
• Public Safety - Sergeant John Follo (Retired) for his outstanding
achievement in developing the Santa Ana Police Department Strike Force.
• Business - Mike Harrah, owner and CEO of Caribou Industries, for his
outstanding business development and investment in the Santa Ana
community.
• Education - Think Together for its outstanding achievement in offering
educational programs to enhance the development of Santa Ana students.
• Arts - Don Cribb for his outstanding contribution in championing the Arts in
Santa Ana.
• Labor - Teamsters Local 952 for their commitment to improving the lives of
union workers in the Santa Ana Community
• Neighborhood Leadership - Rene Guzman, Riverview West Neighborhood
Association and Ruby Woo, Artesia Pilar Neighborhood Association, for their
outstanding leadership in their respective neighborhoods and for
strengthening neighborhood associations throughout the Santa Ana
community.
2. BOARDS AND COMMISSIONS RECOGNITION to current and former
commissioners for their invaluable service on City of Santa Ana Boards and
Commissions:
Current Commissioners
NAME
Lisa Bist
Max Madrid
Thomas P. Morrissey
Frank Acosta
Katherine A. Mitchell
RECOGNITION
CITY SEAL TILE
CITY PORTFOLIO
CITY SEAL TILE
CITY SEAL TILE
CERTIFICATE OF
RECOGNITION
BOARD/COMMISSION
Community Redevelopment &
Housing Commission
Board of Parks & Recreation
Environmental & Transportation
Advisory Committee (ETAC)
Planning Commission
Youth Commission
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Former Commissioners
NAME
Nelida Mendoza
Yanez
Jessica Amezcua
Dr. Alfonso
Bustamante
Ernesto G. Figueroa
Daniel Hernandez
Jose Rea
Luisa Ruiz
Eva M. Lombardo
Robert J. MacCleod
Chris M. Leo
Carina Ruvalcaba
RECOGNITION
CITY SEAL TILE
CITY SEAL TILE
CITY SEAL TILE
CITY SEAL TILE
CITY SEAL TILE
CITY SEAL TILE
CITY SEAL TILE
CITY SEAL TILE
CITY SEAL TILE
CITY PORTFOLIO
CERTIFICATE OF
RECOGNITION
BOARD/COMMISSION
Community Redevelopment &
Housing Commission
Early Prevention & Intervention
Commission (EPIC)
Historic Resources
Commission
Human Relations Commission
Human Relations Commission
Library Board
Library Board
Personnel Board
Personnel Board
Planning Commission
Youth Commission
COLINCILMEMBER BUSTAMANTE
1. BOARDS AND COMMISSIONS RECOGNITION to current commissioners for
their invaluable service on City of Santa Ana Boards and Commissions:
NAME
Gerald A. Tiritilli
Dennis W. Wootan
Daniel Oregal
Blair O'Callaghan
Christine Korthuis
James R. Gartner
Joey Michelle Madrid
RECOGNITION
CERTIFICATE OF
RECOGNITION
CERTIFICATE OF
RECOGNITION
CITY SEAL TILE
CITY SEAL TILE
CITY SEAL TILE
CITY SEAL TILE
CITY SEAL TILE
BOARD/COMMISSION
Board of Recreation & Parks
Community Redevelopment &
Housing Commission
Environmental &
Transportation Advisory
Committee (ETAC)
Historic Resources
Commission
Personnel Board
Planning Commission
Youth Commission
*Councilmember Bustamante left the meeting at 7:44 p.m. and did not return. The
City Council did not have a quorum.
A quorum of the Santa Ana City Council was not present.
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ADJOURNED - 7:44 P.M. the Regular Meeting of December 3, 2012 was adjourned
due to lack of quorum.
The next meeting of the City Council is scheduled for a Special
Meeting on Tuesday, December 11, 2012 at 6:00 p.m. in the Council
Chamber, 22 Civic Center Plaza, Santa Ana, California..
+++++++++++++
PRESENTATIONS
COUNCILMEMBER MARTINEZ
1. PROCLAMATION in recognition of Kenneth Pierre "Cheerios" for his uplifting
spirit and generosity to the community. Proclamation will be accepted by
Patricia Johnson, caretaker for Kenneth Pierre.
2. CERTIFICATES OF RECOGNITION presented to Robert Sanchez of The
Law Offices of Alfredo Amezcua and Santa Ana Police Sergeant Dennis Rios
for providing additional care and support of Kenneth Pierre.
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COMMENTS
90A CITY MANAGER'S COMMENTS
• Provided an update on Single-Space Parking Meter Field trial program
90B CITY COUNCILMEMBER COMMENTS
Councilmember Tinajero:
• Requested that the City Council be adjourned in memory of John E
Tuchler.
Councilmember Martinez:
• Reflected on the life and contributions of Max Martinez and Larry
Shuck and requested that the City Council adjourn in their memory.
Adjourn in Memory of
Max Martinez,
John E. Tuchler,
and Larry Shuck
*Presentations and Comments concluded at 8:20 p.m.
Maria D. Huizar,
Clerk of the Council
FUTURE AGENDA ITEMS
• Street Car Project Update and Action items
• Update Citywide Classification and Compensation Plan
• Ordinance Addressing Homeless Shelters as required in Senate Bill 2 (SB2)
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