HomeMy WebLinkAbout10A - MINUTES - 03-04-2013MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
MARCH 4, 2013
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
SAL TINAJERO, Mayor Pro Tern (5:20 p.m
ANGELICA AMEZCUA
P. DAVID BENAVIDES
MICHELE MARTINEZ
ROMAN A. REYNA
VINCENT F. SARMIENTO (5:19 p.m.)
COUNCILMEMBERS Absent:
None
STAFF Present:
KEVIN O'ROURKE, Interim City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
PUBLIC COMMENTS
• Christian Abasto, representing the Public Law Center, spoke on Agenda Item 1B -
noted that suit has been filed on March 4, 2013 against the State of California
Department of Finance for the retention of funds and seek support to further protect
affordable and low income funds.
• Cesar Covarrubias, Executive Director of the Kennedy Commission, commended
City Attorney and Public Law Center for efforts to protect low and moderate income
funds; opined that projects/contracts are enforceable obligations.
COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:18 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:
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MARCH 4, 2013
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1A CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
pursuant to Government Code Section 54956.9(a)
• Patricia Koster vs. City of Santa Ana, OC Superior Case No. 30-2011-
0518423
• Santa Ana Station District LLC, Santa Ana Station District Housing
Partners LP, et. al vs. Matosantos, Department of Finance, City of
Santa Ana Successor Agency et. al.
1 B CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED/POTENTIAL
LITIGATION pursuant to Government Code Section 54956.9(b)
• Subway, 1221 E. 1 st Street, #B, Santa Ana, CA
• Roberti's Tax, 1221 E. 1St Street, #E, Santa Ana, CA
• State of California, Department of Finance (DOF)
1C CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to
Government Code Section 54956.8.
Property address: 1222 East 4th Street, Santa Ana, CA
Property Owner: Walter W. Cole, Jr. and Antoinette Cole, Trustees of
the Cole Family Living Trust
1 D 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) and Service Employees'
International Union (SEIU) Full-Time
Employees
RECESS THE CLOSED SESSION MEETING AT 6:14 P.M. AND CONVENED TO THE
REGULAR OPEN MEETING
CITY COUNCIL MINUTES 2 MARCH 4, 2013
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REGULAR OPEN SESSION
CALLED TO ORDER
ATTENDANCE
PLEDGE OF ALLEGIANCE
INVOCATION
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
6:15 P.M.
COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
SAL TINAJERO, Mayor Pro Tern
ANGELICA AMEZCUA
P. DAVID BENAVIDES
MICHELE MARTINEZ
ROMAN A. REYNA
VINCENT F. SARMIENTO
COUNCILMEMBERS Absent:
None
STAFF Present:
KEVIN O'ROURKE, Interim City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
MAYOR PULIDO
JACK ABEELEN, Police Chaplain
CLOSED SESSION REPORT - See report under Agenda Item 19A.
PRESENTATIONS
SPECIAL PRESENTATION by Mothers Against Drunk Driving (MADD) to the following
Santa Ana Police Department officers for their efforts in deterring drunk driving:
Sergeant Matt Craig*
Officer Wendy Beatley*
Officer Bob Guidry
Officer John Kachirisky*
*Not Present
Officer Eric Majors*
Officer Gerardo Rodarte
Officer Daniel Serna
CITY COUNCIL MINUTES 3 MARCH 4, 2013
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CERTIFICATE OF RECOGNITION presented by MAYOR PULIDO to Mater Dei High
School recognizing their many contributions to the Santa Ana community.
PROCLAMATION presented by COUNCILMEMBER MARTINEZ in recognition of Red
Shirt Friday, a nationwide initiative supporting the men and women in the United States
Armed Forces to the Vietnam Veterans of America - Chapter 1024, the Associates of
Vietnam Veterans of America - Chapter 1024, the American GI Forum of the United
States - Rudy Escalante Chapter (Orange County), and to the United Mexican
American Veterans Association.
PROCLAMATION presented by COUNCILMEMBER MARTINEZ in recognition of Earth
Hour on March 23, 2013 from 8:30 p.m. to 9:30 p.m., an annual campaign to raise
awareness of environmental challenges to Southern California Gas Company.
CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER REYNA to
Leon and Pearl Raya of RAYA Foundation and Lisa Gonzales-Solomon, Principal at
Lowell Elementary School for their outstanding contribution and involvement in the
Santa Ana community.
PUBLIC COMMENT
• George Collins, announced roll-out of newly redesigned Neighborhood Watch signs
available through Comlink and neighborhood associations; inquired if annual Fourth
of July Fireworks Celebration will be held on Sunday, June 30tH
• David Sonnebern, Orange County Coordinator for the California Clean Money
Campaign; spoke of Senate Bill called the California Disclose Act that requires that
all political ads disclose three major funders; goal to set it for voter approval in
November, 2014; seeking endorsements and co-sponsors for kick-off event in
Orange County.
CONSENT CALENDAR ITEMS
MOTION: Approve Consent Calendar Items 10A through 31A with the
following modifications:
• Councilmember Benavides pulled Agenda Item 25D for separate discussion;
and
• Councilmember Sarmiento pulled Agenda Item 25B for separate discussion.
MOTION: Benavides
VOTE: AYES:
NOES:
SECOND: Sarmiento
Amezcua, Benavides,
Sarmiento, Tinajero (7)
Martinez, Reyna, Pulido,
None (0)
CITY COUNCIL MINUTES 4 MARCH 4, 2013
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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.
ADMINISTRATIVE MATTERS
MINUTES
10A MINUTES FROM THE REGULAR MEETING OF FEBRUARY 19, 2013 -
Clerk of the Council Office
MOTION: Approve Minutes.
MISCELLANEOUS ADMINISTRATION
19A CLOSED SESSION REPORT - City Attorney's Office
MOTION: Approve.
1. EXISTING LITIGATION pursuant to Government Code Section
54956.9(a) - Patricia Koster vs. City of Santa Ana, OC Superior Case
No. 30-2011-0518423; Reject 998 Offer as presented by plaintiff.
2. ANTICIPATED LITIGATION pursuant to Government Code Section
54956.9(b):
• Subway, 1221 E. 1St Street, #B, Santa Ana, CA; Tenant Relocation
Settlement in the amount of $382,000.
• Roberti's Insurance & Tax, 1221 E. 1St Street, #E, Santa Ana, CA;
Relocation Settlement in the amount of $193,500.
3. REAL PROPERTY NEGOTIATOR pursuant to Government Code
Section 54956.8. - Property address, 1222 East 4th Street; Property
Owner: Walter W. Cole, Jr. and Antoinette Cole, Trustees of the Cole
Family Living Trust; "Full-Take" in the amount of $1,105,000.
19B EXCUSED ABSENCES - None
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19C QUARTERLY REPORT FOR HOUSING DIVISION PROJECTS AND
ACTIVITIES - Community Development Agency
MOTION: Receive and file.
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20A COUNTY OF ORANGE SOCIAL SERVICES AGENCY VOCATIONAL
TRAINING AND WORK EXPERIENCE PROGRAM - Community
Development Agency
MOTION:
1. Approve an appropriation adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 2013-109 - Recognizing an
additional $200,000 awarded to the City of Santa Ana, Santa Ana
WORK Center by the County of Orange Social Services Agency for
vocational training and work experience activities.
2. Authorize the City Manager and Clerk of the Council to execute an
amendment subject to non-substantive changes approved by the
City Manager and City Attorney.
AGMT NO. 2013-040 - AMENDMENT - With the County of Orange
Social Services Agency for vocational training and work experience
activities, effective May 1, 2013 through June 30, 2013,
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 and 25C)
25A AGMT NO. 2013-041 - EXTEND USE OF BRISTOL/ALTON BIKE TRAIL
FOR PARKS AND PUBLIC RECREATIONAL PURPOSES - With
Southern California Edison Company, in an amount not to exceed $1,250
for a five-year term - Parks, Recreation & Community Services Agency
CITY COUNCIL MINUTES 6 MARCH 4, 2013
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25B JOINT USE AND REIMBURSEMENT OF CONSTRUCTION COST FOR
ROOSEVELT ELEMENTARY PARK Parks, Recreation & Community
Services Agency
Executive Director of Parks and Recreation Mouet provided brief
presentation on project and other joint use efforts.
Councilmember Sarmiento noted that project will allow open space in
Ward 1. Councilmember Martinez thanked PREY Council Committee,
SAUSD and staff for efforts to bring project forward; need to address
sustainability of joint use projects and long-term maintenance.
Councilmember Reyna requested information on turf and Councilmember
Amezcua about service hours.
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.
1. Authorize the City Manager and Clerk of the Council to approve a
Joint Use agreement, subject to non-substantive changes
approved by the City Manager and City Attorney.
AGMT NO. 2013-042 - With the Santa Ana Unified School District for
the programming of Roosevelt Elementary School for a 30-year term,
with the option for two 10-year renewals
2. Authorize the City Manager and Clerk of the Council to execute a
Reimbursement of Construction Cost agreement.
AGMT NO. 2013-043 - With the Santa Ana Unified School District for
park improvements at Roosevelt Elementary School in the amount of
$4,930,000.
MOTION: Sarmiento SECOND: Martinez
VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
25C AGMT NO. 2013-044 - PREPARATION OF ENVIRONMENTAL
SERVICES DOCUMENTS FOR A MULTI-FAMILY PRIVATE
DEVELOPMENT, THE 301 DEVELOPMENT PROJECT LOCATED AT
CITY COUNCIL MINUTES 7 MARCH 4, 2013
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301 EAST JEANETTE LANE (PROJECT 2013-04) - With RBF Consulting,
A Baker Company (RBF) in an amount not to exceed $80,793 - Planning
and Building Agency
25D MUNICIPAL. PARKING FACILITIES OPERATOR Community
Development Agency
Councilmember Benavides requested two week continuance to discuss
potential displacement of employees.
MOTION: Continue consideration of matter to the March 18, 2013
City Council Meeting.
MOTION: Benavides
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Sarmiento
Amezcua, Benavides, Martinez, Reyna, Pulido,
Sarmiento, Tinajero (7)
None (0)
None (0)
None (0)
LAND USE MATTERS
CONDITIONAL USE PERM ITIVARIANCES
31A CONDITIONAL USE PERMIT NO. 2012-30 TO ALLOW A CAR WASH AT
4426 WEST FIRST STREET - JOSEPH BASHOURA, APPLICANT -
Planning and Building Agency
Recommended action approved by the Planning Commission on February
11, 2013, by a vote of 6-0.
MOTION: Receive and file the staff report approving Conditional Use
Permit No. 2012-30 as conditioned.
**END OF CONSENT CALENDAR**
CITY COUNCIL MINUTES 8 MARCH 4, 2013
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BUSINESS CALENDAR ITEMS
RESOLUTIONS
55A AUTHORIZING SUBMISSION OF GRANT APPLICATION TO
CALTRANS ELDERLY & DISABLED PERSONS SPECIALIZED TRANSIT
PROGRAM AND DESIGNATING CITY'S SIGNATORY ON GRANT
DOCUMENTS - Finance & Management Services Agency and Parks,
Recreation & Community Services Agency
MOTION: Adopt a resolution.
RESOLUTION NO. 2013-011 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AUTHORIZING STAFF TO APPLY FOR
FEDERAL TRANSIT ADMINISTRATION FUNDING PURSUANT TO 49
U.S.C. SECTION 5310 WITH CALIFORNIA DEPARTMENT OF
TRANSPORTATION
MOTION: Benavides
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
PUBLIC HEARINGS
SECOND: Sarmiento
Amezcua, Benavides, Martinez, Reyna,
Pulido, Sarmiento, Tinajero (7)
None (0)
None (0)
None (0)
75A PUBLIC HEARING - MODIFICATIONS TO CHAPTERS 41 AND 11 OF
THE SANTA ANA MUNICIPAL CODE IN ORDER TO AMEND VARIOUS
SECTIONS OF THE CITY'S CODE RELATED TO ALCOHOL SALES
AND ENTERTAINMENT - Planning and Building Agency
MOTION: Per staffs request, continue matter to a minmium of 90
days.
MOTION: Benavides SECOND: Sarmiento
VOTE: AYES: Amezcua, Benavides, Martinez, Reyna,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
CITY COUNCIL MINUTES 9 MARCH 4, 2013
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ABSTAIN: None (0)
ABSENT: None (0)
CITY COUNCIL MEETING RECESSED TO THE HOUSING AUTHORITY MEETING
AT 7:27 P.M. AND RECONVENED AT 7:28 P.M. WITH SAME MEMBERS PRESENT.
COMMENTS
90A CITY MANAGER'S COMMENTS
Interim City Manager O'Rourke:
• Parks, Recreation and Community Service Agency received grant for
the purchase of 30 new Google grown computers for patron use at the
Library - bringing total to 68 computers available to the community;
• Public Works Agency received two awards by the California Engineers
Council for the Santa Ana River Vision Plan and for the Diamond
Water Infrastructure Project; and
• February 28th the City held first Town Hall Meeting on Budget and will
be scheduling additional meetings in the near future.
90B CITY COUNCILMEMBER COMMENTS
Councilmember Amezcua:
Thanked and recognized Acting Police Chief Rojas and staff for the
Gun-Buy-Back-Program that reclaimed over 200 guns;
Congratulated Public Works Agency Executive Director Raul Godinez,
III and staff for receiving awards.
Councilmember Reyna:
• Acknowledged Councilmember Martinez for various presentations
today including on Earth Day, and initiative to support our Veterans
through "Red Shirt" Day;
• Look forward to street naming of Coach Dick Hill Way and encouraged
former alumni to attend ceremony;
• 13th Annual Cesar E. Chavez Celebration will take place on Saturday,
March 30th from 11:30 a.m. to 1 p.m.; will include a Youth Leadership
Conference co-sponsored by Community College Trustee Jose
Solorio; and
• Encouraged all to shop in Santa Ana.
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MARCH 4, 2013
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Councilmember Benavides:
• Ceremony for new Street Name in recognition of Coach Dick Hill Way
coming soon;
• Earlier recognition for Leon and Pearl Raya well deserved;
• Commented that City held first town hall meeting on budget; City going
out into the community with other issues too including the selection of
permanent City Manager;
• Request City Attorney review existing policy/permit process for private
and public events to make sure City does not discriminate; and
• Invited residents to visit City's redesigned website and sign-up to
receive public announcements through Nixle.
Councilmember Martinez:
• Attended Pony League's opening ceremony; impressed with turn-out
and thanked City staff for accommodating over 360 participants;
• The Bicycle Tree Organization and Parks and Recreation Department
hosting "Building a Bicycle Friendly City" event on Saturday, March 8m
from 9 a.m. to 3 p.m.; reservations at capacity, but anticipate additional
events in the future;
• Welcomed new Downtown Santa Ana restaurants "Crave" and "The
Grilled Cheese Stop";
• Wished all a Happy Saint Patrick's Day;
• Will provide Interim City Manager O'Rourke with tour of Downtown
Santa Ana; encouraged colleagues to also provide tour of their
respective Ward;
• Thanked colleagues and staff for steps taken over the past several
weeks to keep City moving forward and for resident's civic
engagement.
Councilmember Sarmiento:
Noted that Sunshine Ordinance requires community meetings on
Budget; City held first and was well received;
Director on the Orange County Water Board, reported that they will be
presenting an award to Nabil Saba, Acting Water Resources Manager
in Public Works Agency at the California Municipal Utilities Association
Meeting on April 9t" for efforts that improved operations and saved the
City over $265,000.
Commented on City's recent decision to withhold payment on
affordable and low-income housing development projects (Station
District, Habitat for Humanity, Vista Del Rio, etc.) was strategic
decision to allow developers to challenge California Department of
Finance's demand; City fully supports completion of projects.
o City Attorney Carvalho indicated that a Temporary Restraining
Order on the Santa Ana Station District project was granted by
judge and a petition filed by the Public Law Center on behalf of low
and moderate income housing applicants.
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MARCH 4, 2013
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Mayor Pro Tern Tinajero:
• Echoed comments by Councilmember Martinez on first Santa Ana
Pony League's Opening Ceremony;
• Little League holding Opening Ceremonies soon; competition between
both league's provide better opportunities for the youth in our
community and hope to expand both programs;
• Reflected on recent (organization) changes in the City; thanked staff
for open communication, colleague's support and Interim City
Manager's for strong leadership.
Mayor Pulido:
• Will be attending meeting with Bike Nation on March 5 to discuss
bicycle Pod's program; proposed locations in the transportation center,
civic center and local schools;
• OCTA considering Complete Streets program; supports program; and
• Invited residents to request tour of Locally Preferred Alternatives by
calling City Hall.
REGULAR OPEN SESSION WAS RECESSED TO CLOSED SESSION MEETING AT
7:59 P.M.
*Councilmember Martinez left the meeting at 9:30 p.m. and did not return.
There were no reportable actions from Closed Session.
ADJOURNED - 9:48 P.M. - The next meeting of the City Council is scheduled for
Monday, March 18, 2013 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..
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 per Requirements in SB 2
• Contracting Agreement for Specified Police Support Services
• Janitorial Services for Police Admin/Jail
• Inmate Telephone Services
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