HomeMy WebLinkAbout2013-04-15 RegularMINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
APRIL 15, 2013
CLOSED SESSION MEETING
CALLED TO ORDER
ATTENDANCE
PUBLIC COMMENTS - None
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
5:05 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
COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:09 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)
• Santa Ana Station District LLC, Santa Ana Station District Housing
Partners LP, et. al v. Matosantos, Department of Finance City of
Santa Ana Successor Agency et. al.
CITY COUNCIL MINUTES 1 APRIL 15, 2013
• Hilda Cuenca, Claudia Castaneda, Enima Hernandez, and Evangelina
Avalos, on behalf of themselves and others similarly situated v. State
of California Department of Finance: Ana J. Matasantos, in her official
capacity as Director of the State of California Department of Finance;
County of Sacramento Superior Court Case No. 34-2013-20001427
• Cesar Lopez v. City of Santa Ana, Orange County Superior Court
Case No. 30-2013-00635890
1B CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED/POTENTIAL
LITIGATION pursuant to Government Code Section 54956.9(b)
State of California, Department of Finance (DOF)
ADJOURNED THE CLOSED SESSION MEETING AT 5:37 P.M. AND CONVENED TO
THE REGULAR OPEN MEETING
CITY COUNCIL MINUTES 2 APRIL 15, 2013
REGULAR OPEN SESSION
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
5:50 P.M.
ATTENDANCE 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
PLEDGE OF ALLEGIANCE MAYOR PULIDO
INVOCATION TOM JONES, Police Chaplain
CLOSED SESSION REPORT - See report under Agenda Item 19A.
PUBLIC COMMENT
• Albert Castillo, questioned revenues and expenses of jail operation that does not
service the City; Strategic Plan requires community input, not yet scheduled; oppose
proposed street car project.
• Erica Chavez, employee of Habitat for Humanity, urged City to comply with
development agreement obligations.
• Apolonio Cortez, member of SACReD, requested full compliance with Sunshine
Ordinance - public participation on budget.
• Clark Casler, member of SACReD, commented on need for Strategic Plan, include
outreach.
CITY COUNCIL MINUTES 3 APRIL 15, 2013
• Adrian Munoz, requested information on cost of jail operation; opined that jail
servicing Department of Homeland Security (DHS), no benefit to residents; support
termination of contract with DHS.
• Tixoc Ventura, spoke in support of Sunshine Ordinance; petition received and
signed by more than 40 residents requesting additional budget meetings.
o Mayor Pro Tern Tinajero requested timeline on Strategic Plan.
¦ Interim City Manager indicated that policy direction on negotiations strategy
and Strategic Plan forthcoming in subsequent Work Study Sessions; also jail
study underway.
o Councilmember Sarmiento suggested that Management Partners canvass
community before City Council discusses Strategic Plan.
o Councilmember Benavides proposed modifying Sunshine Ordinance to allow for
community input and thorough review of Strategic Plan.
• Madeline Spencer, requested additional budget meetings; need for community
engagement; support Strategic Plan.
• Steve Rocco, spoke on proposed recall efforts.
• Daniel Wright, spoke on Agenda Item 75A; City should exhaust all options before
condemnation approved.
• Jeannie Gillett, President of Old Orchard Conservancy, expressed concern with lack
of alternatives on Environmental Impact Report (EIR) on Sexlinger project;
recirculate EIR.
• Nick Spain, echoed comments by Jeannie Gillett, oppose demolition of structure at
site; Council to consider value in preserving site.
• Steve Ray, opined that EIR on Sexlinger project inadequate; suggest moratorium on
demolition of historic properties.
• Theo Hirsch, commented on proposed street car project; suggest more community
input on this and other projects of significance to community.
• George Collins, spoke on upcoming OC Marathon event and need for additional
safety measures as a result of recent bombing at the Boston Marathon.
CONSENT CALENDAR ITEMS
MOTION: Approve Consent Calendar Items 10A through 25E with the
following modifications:
• Councilmember Sarmiento abstained on Agenda Item 1313;
• Councilmember Tinajero pulled Agenda Item 13A for separate discussion;
and
• Councilmember Benavides pulled Agenda Item 25B for separate discussion.
MOTION: Martinez
VOTE: AYES:
NOES:
SECOND: Benavides
Amezcua, Benavides,
Sarmiento, Tinajero (7)
Martinez, Reyna, Pulido,
None (0)
CITY COUNCIL MINUTES 4 APRIL 15, 2013
ABSTAIN:
ABSENT:
the'actual mate.
None (0)
None (0)
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ADMINISTRATIVE MATTERS
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MINUTES
10A MINUTES FROM THE REGULAR MEETING OF APRIL 1, 2013 - Clerk of
the Council Office
MOTION: Approve Minutes.
BOARDS / COMMISSIONS / COMMITTEES
13A NOMINATED BY COUNCILMEMBER BENAVIDES AS THE--WARD , 4
REPRESENTATIVE FORA PARTIAL TERM EXPIRING DECEMBER 9,
2014 'Clerk of the Council Office
Mayor Pro Tern Tinajero noted that Mr. Bacerra was consultant for
Downtown Inc.; concerned with potential conflict of interest. Motion to
continue consideration of matter.
Mayor Pulido trailed item to allow candidate to attend meeting and
address concerns raised by Council.
Mayor Pulido reconvened discussion of item after approval of Consent
Calendar Items.
Council discussion ensued. Councilmembers asked for clarification of role
as consultant with Downtown Inc. and any other role obtained through
contact that may pose conflicts. Mr. Bacerra noted for the record that he
was willing to file his Statement of Economic Interest accounting for the
past 12-months. City Attorney Carvalho to review Statement and address
any issues.
MOTION: Appoint.
Residing
Name Board/Commission Ward
Phil Bacerra Planning Commission 3
(Replaces M. Turner)
CITY COUNCIL MINUTES 5 APRIL 15, 2013
MOTION: Benavides SECOND: Pulido
VOTE: AYES: Amezcua, Benavides, Martinez, Reyna,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
13B APPOINT COUNCILMEMBER SARMIENTO TO THE NEWPORT
WATERSHED EXECUTIVE COMMITTEE AS THE ALTERNATE
REPRESENTATIVE - Clerk of the Council Office
MOTION: Appoint.
*Councilmember Sarmiento abstained on Agenda Item 13B.
MISCELLANEOUS ADMINISTRATION
19A CLOSED SESSION REPORT - City Attorney's Office
MOTION: Approve settlement agreement.
AGMT NO. 2013-057 - CONFERENCE WITH LEGAL COUNSEL--
EXISTING LITIGATION pursuant to Government Code Section
54956.9(a): Cesar Lopez v. City of Santa Ana, Orange County Superior
Court Case No. 30-2013-00635890; in the amount of $10,000.
19B EXCUSED ABSENCES - None
19C AMENDMENT TO FISCAL YEAR 2012-2013 SEVEN-YEAR CAPITAL
IMPROVEMENT PROGRAM (CIP) TO ADD MAPLE STREET
CONTINUOUS DEFLECTIVE SEPARATION (CDS) IMPROVEMENT
PROJECT AND BRISTOL STREET WIDENING PROJECT FROM THIRD
STREET TO CIVIC CENTER - Public Works Agency
MOTION: Approve an amendment to the Fiscal Year 2012/13 Capital
Improvement Program to add the Maple Street CDS improvement
Project and the Bristol Street Widening Project from Third Street to
Civic Center.
CITY COUNCIL MINUTES 6 APRIL 15, 2013
BUDGETARY MATTERS
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
MOTION: Award in accordance with Request for Council Action.
(Items 22A through 22C)
22A SPEC. NO. 12-012 - SOIL, PLANT, AND WATER TREATMENT
CHEMICALS - Renew the contracts for a one-year period, with provision
for three, one-year renewals in annual amounts for the vendors listed
below - Finance & Management Services
Vendor
Crop Production Services
Waterline Technologies, Inc
Location Amount
Santa Ana $42,000
Santa Ana $60,000
22B SPEC. NO. 13-017 - POLICE MOTORCYCLES - Award a contract to
Long Beach BMW Motorcycles, under the Los Angeles County Sheriff's
Department contract, for the purchase of three police equipped
motorcycles in an amount not to exceed $84,287 - Finance &
Management Services
22C SPEC NO. 12-015 - VARIABLE FREQUENCY DRIVES AND MOTOR
CONTROL CENTER UPGRADES - Renew the contracts for a one-year
period in an aggregate amount of $200,000 with the vendors listed below
(Public Works Agency) - Finance & Management Services
Vendor Location
Carter Industrial Automation, Inc. Los Alamitos
Academy Electric, Inc. Orange
Hydro Industrial Electric Corp. Redlands
(formerly F.M. Electric, Inc.)
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
and 25C through 25E)
CITY COUNCIL MINUTES 7 APRIL 15, 2013
25A AGMT NO. 2013-051 - AMENDMENT - ADDITIONAL SAFETY TRAINING
SERVICES - With EHS International Inc. in an amount of $50,000 -
Personnel Services Agency
25B,GMTN?,2 ?1C,NTDISON PARK
AND ADD, NEW MAIWEN . F., E ONS "AND "ACCESSIBILITY
t ! .I AF. 7.lyh rt A? .?C CC 4 ` •f
ARRANGEMENTS ft?F yTk3E COMN1UNtTY GARDEN LAND HALF
BASKEfBALLSCOUR4- :Parks,'.- Recreation;i &x ?Corrimunrty Services
Agency
MOTION: Authorize the City Manager and Clerk of the Council to
execute an agreement, subject to non-substantive changes approved
by the City Manager and City Attorney with Santa Ana Unified School
District for a 30-year term with the option for two additional ten year
terms.
MOTION: Benavides SECOND: Martinez
VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
25C AGMT NO. 2013-053 - AMENDMENT - CONDUCT ADMINISTRATIVE
HEARINGS - With Norman Knispel in an amount not to exceed $20,000 -
Police Department
25D AGMT NO. 2013-054 - SETTLEMENT AGREEMENT FOR GRAND
AVENUE WIDENING (PROJECT NO. 081732 NONGENERAL FUND)
WITH TENANT OF THE PROPERTY LOCATED AT 1221 EAST FIRST
STREET, UNIT 3 (APNs 398-454-12 & 13) - With Roberti's Insurance
Agency Inc. in an amount of $6,085 - Public Works Agency
25E AGMT NO. 2013-055 - ANNUAL SOFTWARE MAINTENANCE AND
SUPPORT FOR LEGAL ON-LINE RESEARCH SERVICES - With
LexisNexis, Inc. in an annual amount not to exceed $24,984 - Police
Department
CITY COUNCIL MINUTES 8 APRIL 15, 2013
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR ITEMS
RESOLUTIONS
55A RESOLUTION - EXTENSION OF CONDITIONAL USE PERMIT NO.
2008-37 TO ALLOW THE EXPANSION OF THE ALLIANCE CHURCH OF
ORANGE AT 2130 NORTH GRAND AVENUE - Planning and Building
Agency
MOTION: Adopt a resolution.
RESOLUTION NO. 2013-016 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA FOR THE EXTENSION OF
CONDITIONAL USE PERMIT NO. 2008-37 FOR ONE YEAR FOR THE
PROPERTY LOCATED AT 2130 NORTH GRAND AVENUE
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Tinajero
Amezcua, Benavides, Martinez, Reyna,
Pulido, Sarmiento, Tinajero (7)
None (0)
None (0)
None (0)
PUBLIC HEARINGS
75A PUBLIC HEARING - RESOLUTION AUTHORIZING CONDEMNATION
OF A PORTION OF REAL PROPERTY AT 2909 S. BRISTOL (PROJECT
NO. 063510 NON-GENERAL FUND) - Public Works Agency
Legal Notice mailed to property owners on March 14, 2013.
Mayor Pulido opened the Public Hearing. Daniel Wright of the Silverstein
Law Firm presented letter of opposition for the record and stated
objections to City's taking of property through eminent domain.
City Attorney Carvalho requested continuance to allow staff to review
comments received from Mr. Wright at the April 1, 2013 City Council
Meeting.
CITY COUNCIL MINUTES 9 APRIL 15, 2013
There were no other speakers and the Mayor closed the Hearing.
MOTION: Per staffs request, continue item to May 6, 2013 City
Council meeting.
MOTION: Benavides SECOND: Sarmiento
VOTE: AYES: Amezcua, Benavides, Martinez, Reyna,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
75B
PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM FISCAL YEAR 2013-2014 - Community Development Agency
Legal Notice published in the Orange County Register on March 18, 2013.
Mayor Pulido opened the Public Hearing. There were no speakers and he
closed the Hearing.
Councilmember Martinez expressed concern with lack of community and
Councilmember input, review process and past practice. Parks,
Recreation, Education, and Youth Council (PREY) Committee had
requested information; suggest process open to community organizations.
Mayor Pro Tern Tinajero motioned to continue matter for two weeks.
Acting Deputy City Manager Jill Arthur noted that staff will recommend
review process for next cycle of funds; also, 15% of total funds earmarked
for social service programs.
Councilmembers Sarmiento and Amezcua commented on need for
transparent process.
Councilmember Benavides inquired as to possibility of earmarking
residual funds for non-profit organizations.
MOTION: Continue consideration of matter to the May 6, 2013 City
Council Meeting.
MOTION: Tinajero SECOND: Sarmiento
CITY COUNCIL MINUTES 10 APRIL 15, 2013
VOTE: AYES: Amezcua, Benavides, Martinez, Reyna,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
75C PUBLIC HEARING - GRANT APPLICATION TO PURCHASE NEW
SHUTTLE VANS FOR SENIOR TRANSPORTATION SERVICES - Parks,
Recreation & Community Services Agency
Legal Notice published in the Orange County Reporter on April 5, 2013.
MOTION: Conduct public hearing as required by the Federal
Transportation Act grant Section 5310 grant application for Seniors
On-the-Go program vans.
MOTION: Sarmiento SECOND: Martinez
VOTE: AYES: Amezcua, Benavides, Martinez, Reyna,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
COMMENTS
90A
90B
CITY MANAGER'S COMMENTS
Interim City Manager O'Rourke noted for the record that a follow-up
session on the Communications Study Session held April 8, 2013 has
been scheduled.
CITY COUNCILMEMBER COMMENTS
Councilmember Martinez:
• Reflected on recent bombing at Boston Marathon; City preparedness
in case of many incident or natural disaster important;
CITY COUNCIL MINUTES 11 APRIL 15, 2013
• Thanked SACReD for interest in community and support for
transparent and open government; Sunshine Ordinance may need to
be revised to allow City staff time to develop Strategic Plan; and
• Commented on Sexlinger project; inquired as to process for amending
EIR.
Mayor Pro Tern Tinajero:
• Noted importance of open communication between staff and Council;
and
• Requested that tonight's meeting be adjourned in memory of lives lost
at the Boston Marathon bombing.
Councilmember Amezcua:
• Reported that April is Autism Awareness Month; asked residents to
donate to www.austismspeaks.com to increase education.
Councilmember Reyna:
• Echoed comments by Councilmember Martinez on emergency
preparedness and Sexlinger property;
• Requested meeting with staff on jail operation;
• Attended the "All Santa Ana High Schools Reunion"; well attended;
• Attended Washington Square Neighborhood Association meeting with
Councilmember Amezcua;
• Thanked Rene Guzman for attending tonight's Council meeting after
battling some health issues;
• Invited all to attend the Relay for Life event at Valley High School on
June 1 and 2, 2013; and
• Urged all to shop in Santa Ana.
ADJOURNED- 8:06 p.m. - Special meeting of the City Council is scheduled for
Tuesday, April 16, 2013 at 5:00 p.m., immediately followed by the
Closed Session Meeting at the Southwest Senior Center, 2201 W.
McFadden Avenue, Santa Ana, California.
Adjourn in memory of all victims of
the Boston Marathon tragedy.
I\lariaL D. Huizar,
Clerk of the Council
FUTURE AGENDA ITEMS
• Street Car Project Locally Preferred Alignment
• Ordinance Addressing Homeless Shelters as per Requirements in SB 2
• Contracting Agreement for Specified Police Support Services
• Janitorial Services for Police Admin/Jail
CITY COUNCIL MINUTES 12 APRIL 15, 2013