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Home My WebLink About2013-02-19 RegularMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA FEBRUARY 19, 2013 CLOSED SESSION MEETING CALLED TO ORDER ATTENDANCE PUBLIC COMMENTS — None COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:14 P.M. COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor (5:15 p.m.) ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA (5:32 p.m.) VINCENT F. SARMIENTO COUNCILMEMBERS Absent: SAL TINAJERO, Mayor Pro Tern STAFF Present: KEVIN O'ROURKE, Interim City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:14 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) Daniel Perales v. City of Santa Ana; Workers' Compensation Appeals Board case #ADJ039389 CITY COUNCIL MINUTES 1 FEBRUARY 19, 2013 1B CONFERENCE WITH LEGAL COUNSEL — THREAT OF LITIGATION pursuant to Government Code Section 54956.9(b) One case. 1 C CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION pursuant to Government Code Section 54956.9(c) One case. 1 D CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Ed Raya Employee Organizations: Service Employees' International Union (SEIU) Full -Time Employees CLOSED SESSION REPORT – See Item 19A. for Report. ADJOURNED THE CLOSED SESSION MEETING AT 5:54 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 2 FEBRUARY 19, 2013 REGULAR OPEN SESSION CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:55 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA VINCENT F. SARMIENTO COUNCILMEMBERS Absent: SAL TINAJERO, Mayor Pro Tern STAFF Present: KEVIN O'ROURKE, Interim City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PLEDGE OF ALLEGIANCE MAYOR PULIDO INVOCATION JANE HETHERINGTON RAUSH, Police Chaplain CLOSED SESSION REPORT — See report under Agenda Item 19A. PUBLIC COMMENT • Professor Rev. David Huyng Alexander, General Chief of Chaplain, representing the Vietnamese Baptist Church, spoke in support of Agenda Item 55B and need to support human rights and rebuke oppression in Vietnam. • Mark Rosen, attorney representing Caldwell's, J &R Towing and Tom's Towing, spoke in opposition to the City's Request for Qualifications (RFQ) proposal; all three companies had performed rotations towing services, but were not selected as one of the five companies through the new RFQ process. • Councilmember Sarmiento requested that status of RFQ be reviewed by the Public Safety Council Committee. • Mayor Pulido requested implementation deferral, pending review of RFQ. • Jeannie Gillett, representing Old Orchard Conservancy, spoke on the upcoming Sexlinger property subject matter; property listed on the City of Santa Ana's Historic Registry and opined that property listed because of significant historic value and CITY COUNCIL MINUTES 3 FEBRUARY 19, 2013 should not be demolished; Conservancy request moratorium on demolition permits of all historic designated properties until SAMC § 30 -7(b) is reviewed. • Nick Spain, commented that the Planning Commission was at impasse (on the Sexlinger property matter) resulting in technical denial for the proposed development project; Developer has requested City Council consideration of a 24 -home project built on a five acre site; Conservancy Group urges the City Council to reject application for development; Group has submitted extensive comments on the Environmental Impact Report (EIR) which does not meet the minimum California Environmental Quality Act (CEQA) standards. • Steve Ray, representing Old Orchard Conservancy, concerned with legality of Planning Commission hearing; request deferment to consider alternatives to proposed development; opined that EIR is insufficient and lacking reasonable alternatives, no mitigation for preservation or maintenance; recommend staff to redo EIR to include clarifications; law allows EIR to be approved at subsequent meeting — City Council has 180 days after approval to consider project itself; Conservancy in discussions with owners of property; request that City Council consider adding a process for demolition permits. • Mayor Pulido requested staff prepare alternatives for City Council consideration. • City Attorney Carvalho indicated that staff meeting with Conservancy and preparing options; staff reviewing process and considering historic elements. • Councilmember Sarmiento asked staff to explore all options, make sure no loopholes exist since City Council has standing. • Councilmember Benavides, requested clarification of demolition permit process. • Daisy Gonzalez, representing the Kennedy Commission, spoke in support and creation of more low income and affordable housing projects; advocated for future project in the Myrtle Street area. • Ken Nguyen, expressed support for Agenda Item 55B. AGENDA ITEMS TAKEN OUT OF ORDER (55B & 25E) 55B RESOLUTION — REGARDING OFFICIAL VISITS FROM THE SOCIALIST REPUBLIC OF VIETNAM - City Manager's Office MOTION: Adopt a resolution. RESOLUTION NO. 2013 -010 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REGARDING OFFICIAL VISITS FROM THE SOCIALIST REPUBLIC OF VIETNAM MOTION: Sarmiento SECOND: Martinez VOTE: AYES: Amezcua, Benavides, Pulido, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) Martinez, Reyna, CITY COUNCIL MINUTES 4 FEBRUARY 19, 2013 ABSENT: Tinajero (1) 25E AGMT NO. 2013 -036 - INTERIM CITY MANAGER- Personnel Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Kevin O'Rourke for a monthly salary of $22,083 and reimbursement for travel expenses for the first 60 days not to exceed $4,000 a month, and $2,700 a month for the balance of the agreement, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Benavides Amezcua, Benavides, Pulido, Sarmiento (6) None (0) None (0) Tinajero (1) CONSENT CALENDAR ITEMS Martinez, Reyna, MOTION: Approve Consent Calendar Items 10A through 39A with the following modifications: • Excuse Mayor Pro Tern Tinajero from the February 19,, 2013 City Council and Successor Agency Meetings; • Councilmember Benavides pulled Agenda Item Nos. 19E and 39A for separate discussion; and • Councilmember Reyna pulled Agenda Item No. 23A for separate discussion. MOTION: Reyna SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) CITY COUNCIL MINUTES 5 FEBRUARY 19, 2013 *Councilmember Sarmiento and Amezcua stepped down from the dais at 6:47 p.m. ADMINISTRATIVE MATTERS MINUTES 10A MINUTES FROM THE REGULAR MEETING OF FEBRUARY 4, 2013 - Clerk of the Council Office MOTION: Approve Minutes. 10B MINUTES FROM THE SPECIAL CLOSED MEETING OF FEBRUARY 11, 2013 - Clerk of the Council Office MOTION: Approve Minutes. BOARDS / COMMISSIONS / COMMITTEES 13A NOMINATED BY COUNCILMEMBER AMEZCUA AS THE WARD 3 REPRESENTATIVES FOR A FULL TERM EXPIRING DECEMBER 13, 2016 — City Clerk of the Council Office MOTION: Appoint. Name Joel Crespo (Replaces J. Gartner) Arthur Sandoval (Replaces D. Wootan) Dennis W. Wootan (Replaces C. Korthuis) Cynthia Rosas (Replaces B. O'Callaghan) Bruce T. Bauer (Replaces G. Tiritilli) Board /Commission Residing- Ward Planning Commission 1 Community Redevelopment & 4 Housing Commission Personnel Board 3 Historic Resources Commission 1 Board of Recreation and Parks 3 CITY COUNCIL MINUTES 6 FEBRUARY 19, 2013 13B COUNCIL COMMITTEE REPORTS - Police Department MOTION: Receive and file the Public Safety Committee Minutes of July 24, 2012. MISCELLANEOUS ADMINISTRATION 19A .: 19C CLOSED SESSION REPORT – City Attorney's Office MOTION: Approve items as reported by City Attorney. Daniel Perales v. City of Santa Ana; Workers' Compensation Appeals Board case #ADJ039389 - Settlement Agreement in the amount of $86,300. CONFERENCE WITH LEGAL COUNSEL — THREAT OF LITIGATION pursuant to Government Code Section 54956.9(b), One case CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION pursuant to Government Code Section 54956.9(c), One case. – City Council considered threat of litigation and initiation of litigation together; action against the City's Successor Agency in relation to various development agreements for affordable housing projects, mainly those associated with the Station District project. Given the demand by the California Department of Finance (DOF) for the return of $54 million and significant risks to the City's General Fund, money that would have to be taken out of the general fund if we release it, the City Council has made a change of direction from the December 21, 2012 Special Meeting and has directed staff not to release any further payments under the development agreements. While the City Council understands that this subjects the Successor Agency to claims and litigation, we feel that we have no alternative given the DOF's demands upon the City and Successor Agency. EXCUSED ABSENCES – Clerk of the Council Office MOTION: Excuse the absence of Mayor Pro Tern Tinajero. QUARTERLY REPORT OF CONTRACTS ENTERED INTO BY THE CITY MANAGER - Finance & Management Services MOTION: Receive and file the Quarterly Report of Contracts entered into between October 1, 2012 to December 31, 2012 valued at $25,000 and less. CITY COUNCIL MINUTES 7 FEBRUARY 19, 2013 19D REQUEST FOR PROPOSALS FOR PLANNING AND ENVIRONMENTAL SERVICES FOR THE SOUTH COAST SPEEDWASH DEVELOPMENT PROJECT LOCATED AT 2402 SOUTH BRISTOL STREET - Planning and Building Agency MOTION: Authorize the Planning and Building Agency to send a Request for Proposals to qualified consulting firms to provide planning and environmental services for a development project located at 2402 South Bristol Street. MOTION: Authorize the Community Development Agency to release a Request for Proposals to qualified affordable housing developers seeking proposals for federal HOME and CDBG funded affordable rental project(s). MOTION: Benavides SECOND: Martinez VOTE: AYES: Benavides, Martinez, Reyna, Pulido (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Amezcua, Sarmiento, Tinajero (3) BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A APPROPRIATION ADJUSTMENT TO RECEIVE ENVIRONMENTAL CLEANUP PROGRAM FUNDING FOR THE MAPLE STREET STORM DRAIN CONTINUOUS DEFLECTIVE SEPARATION (CDS) PROJECT (PROJECT 136793) — Public Works Agency MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2013 -100 Receive $100,000 in Measure M2 funding into the Measure M - Street Construction revenue CITY COUNCIL MINUTES 8 FEBRUARY 19, 2013 account and appropriating the same amount to the Measure M2 — Street Construction expenditure account (Project No. 136793) for construction of the Maple Street Storm Drain Continuous Deflective Separation (CDS) Project. SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A SPEC. NO. 09 -030 - CHAIN LINK FENCE RENTALS - (Public Works Agency and Community Development Agency) - Finance & Management Services MOTION: Contract with S & S Portable Services for a one -year period in an amount not to exceed $50,000. *Councilmember Amezcua returned to the dais. PROJECTS /CHANGE ORDERS MOTION: 1. Award a contract to the lowest responsible bidder, Pacific Construction Company, Inc., in accordance with the Base Bid totaling $186,255 for the reconstruction of El Salvador and Windsor Parks walkways. 2. Approve the Cost Analysis for a total estimated project delivery cost of $274,860. MOTION: Reyna SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento, Tinajero (2) CITY COUNCIL MINUTES 9 FEBRUARY 19, 2013 23B CONTRACT AWARD TO HARDY AND HARPER, INC., FOR MACARTHUR BOULEVARD REHABILITATION — BRISTOL STREET TO FLOWER STREET (PROJECT NO. 136786) - Public Works Agency MOTION: 1. Award a contract to the lowest responsible bidder, Hardy and Harper, Inc., in accordance with the Base Bid, totaling $911,000, for MacArthur Boulevard Rehabilitation from Bristol Street to Flower Street. 2. Approve the Cost Analysis for a total estimated project delivery cost of $1,138,750. 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. 2013 -032 - READY OC EMERGENCY PREPAREDNESS CAMPAIGN AND LAUNCH OF THE "IF YOU SEE SOMETHING, SAY SOMETHING®" CAMPAIGN SERVING THE ANAHEIM /SANTA ANA URBAN AREA - With Westbound Communications, Inc. for an amount not to exceed $770,000, budget includes a ten percent contingency - Police Department 25B AGMT NO. 2013 -033 — AMENDMENT - INMATE FOOD SERVICES AND CATERING SERVICE FOR VARIOUS CITY EVENTS - With Aramark Correctional Services, Inc. in an amount not to exceed $1,304,150 for a one -year term - Police Department 25C AGMT NO. 2013 -034 - AMENDMENT - ENGINEERING DESIGN SERVICES AGREEMENT FOR DOWNTOWN PARKING STRUCTURE IMPROVEMENTS - With AECOM in an amount of $60,000 for a total amount not to exceed $535,000 - Public Works Agency and Community Development Agency 25D AGMT NO. 2013 -035 - AMEND AND RENEW - PAYROLL / HUMAN RESOURCES SYSTEM MAINTENANCE, SERVICE, AND SOFTWARE - CITY COUNCIL MINUTES 10 FEBRUARY 19, 2013 With High Line Corporation in a total estimated annual amount of $80,000 not to exceed $240,000 over a three -year period (for all contracts) - Finance & Management Services 25E AGENDA ITEM TAKEN OUT OF ORDER LAND USE MATTERS MISCELLANEOUS — LAND USE Recommended Action approved by the Planning Commission on January 28, 2013 by a 6 -0 vote. City Councilmembers applauded Coach Dick Hill's contributions at both Santa Ana High and Valley High Schools and to the youth in our community. MOTION: Receive and file the staff report and affirm the naming of the street segment west of the Santa Ana Stadium as Coach Dick Hill Way (Street Naming No. 2012 -01). MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Martinez Amezcua, Benavides, Martinez, Reyna, Pulido (5) None (0) None (0) Sarmiento, Tinajero (2) * *END OF CONSENT CALENDAR ** BUSINESS CALENDAR ITEMS * Councilmember Sarmiento returned to the dais. CITY COUNCIL MINUTES 11 FEBRUARY 19, 2013 RESOLUTIONS 55A RESOLUTION — FY 2012 EMERGENCY MANAGEMENT PERFORMANCE GRANT TO COVER SALARY FOR PERSONNEL INVOLVED IN EMERGENCY MANAGEMENT ACTIVITIES AND MISCELLANEOUS EQUIPMENT - Police Department MOTION: 1. Adopt a resolution. RESOLUTION NO. 2013 -009 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER, AND THE CHIEF OF POLICE OR HIS DESIGNEE(S) TO OBTAIN 2012 EMERGENCY MANAGEMENT PERFORMANCE GRANT FUNDS THROUGH THE COUNTY OF ORANGE 2. Authorize the City Manager and Chief of Police, on terms acceptable to the City Attorney, to execute a sub - recipient agreement. AGMT NO. 2013 -037 - With the County of Orange and /or Orange County Sheriff's Department in an amount not to exceed $63,494. 3. Authorize for the Chief of Police and/or his designee, on terms acceptable to the City Attorney, to prepare reimbursement agreements for equipment, services, or training. AGMT NO. 2013 -038 - With the County of Orange pursuant to the guidelines set for in the EMPG program and EMPG Articles, Assurances, Certifications, Terms and Conditions. 4. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2013 -102 - Recognizing the FY 2012 Emergency Management Performance Grant funds in the amount of $63,494 in revenue account and appropriate same into FY 2012 Emergency Management Performance Grant expenditure accounts. MOTION: Martinez VOTE: AYES: NOES: CITY COUNCIL MINUTES SECOND: Benavides Amezcua, Benavides, Pulido, Sarmiento (6) None (0) 12 Martinez, Reyna, FEBRUARY 19, 2013 ABSTAIN: ABSENT: None (0) Tinajero (1) 55B AGENDA ITEM TAKEN OUT OF ORDER. REPORTS 65A ACCEPT CERTIFICATE OF SUFFICIENCY OF PETITION REGARDING THE MEDICAL CANNABIS RESTRICTION AND LIMITATION INITIATIVE PETITION AND OTHER RELATED ACTIONS - Clerk of the Council Office MOTION: 1. Accept the Certificate of Sufficiency issued by the County of Orange Registrar of Voters regarding the Medical Cannabis Restriction and Limitation Initiative. 2. Direct staff to prepare a report as allowed by Election Code § 9212, and present such report at the March 18, 2013 City Council meeting. MOTION: Reyna SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) CITY COUNCIL MEETING RECESSED TO THE SUCCESSOR AGENCY MEETING AT 6:55 P.M. AND RECONVENED AT 6:56 P.M WITH SAME MEMBERS PRESENT. *Mayor Pulido left the meeting at 6:51 p.m. and did not return to the meeting. COMMENTS CITY COUNCIL MINUTES 13 FEBRUARY 19, 2013 90A CITY MANAGER'S COMMENTS Interim City Manager O'Rourke thanked the Mayor and City Council for opportunity to work in Santa Ana for next six to nine months; City is a special place and honored to be part of the team. 90B CITY COUNCILMEMBER COMMENTS Councilmember Martinez: • Welcomed Interim City Manager O'Rourke and look forward to working with him; • Acting Police Chief Rojas provided brief presentation of Gun - Buy -Back program that is set for Saturday, February 23rd; • Invited all to attend the Payan Ex workout sessions held on Mondays, Wednesdays, and Fridays at 5:15 a.m. in the Artist Village; and • Spoke in honor of her deceased mother's birthday and legacy left behind. Councilmember Sarmiento: • Acting Police Chief Rojas provided a brief update on the morning's shooting that took the life of four people including killer; Gun - Buy -Back program had been discussed at the heels of the Newtown, Connecticut mass murder incident in November, 2012; opined that any weapon off the street may save a life; take note and respect the 2 "d Amendment, but believe that society different when language drafted; and • Thanked and welcomed Interim City Manager. Councilmember Amezcua: • Welcomed Interim City Manager O'Rourke • Support Gun - Buy -Back program that will keep our City safe; and • Thanked outgoing commissioners that served under Councilmember Bustamante and welcomed newly appointed commissioners representing Ward 3. Councilmember Reyna: • Congratulated Interim Kevin O'Rourke; pleased with bilingual skill and experience he brings to the City; • Attended the California Youth in Government event in Sacramento over the weekend; Santa Ana had 20 delegates and represented the City well; youth has proposed and had two significant bills approved by the Governor in the past; • Pleased that City will be naming a street after Coach Hill; • Noted that Vietnamese immigrants have had significant struggles and sacrifices in coming to America to provide better life for their family; and CITY COUNCIL MINUTES 14 FEBRUARY 19, 2013 • Encouraged all to shop in Santa Ana. Councilmember Benavides: • Conveyed a warm welcome to Interim City Manager O'Rourke; • Thanked staff for efforts to keep City moving forward; City Council committed to working with Interim City Manager and formulated strategic Plan and stabilize the organization; and • Adjourned in memory of Richard Roehm. ADJOURNED- 7:10 P.M. - The next meeting of the City Council is scheduled for Monday, March 4, 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. Adjourn in Memory of Richard Roehm 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 CITY COUNCIL MINUTES 15 FEBRUARY 19, 2013