HomeMy WebLinkAbout2013-07-01 RegularMINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
JULY 1, 2013
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 (5:08 p.m.)
SAL TINAJERO, Mayor Pro Tern (5:10 p.m.)
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
Quorum was established thru presence of Councilmembers Amezcua, Benavides,
Martinez, Reyna, and Sarmiento.
MOTION: Elect Councilmember Sarmiento as Chair (pursuant to SAMC 2-
101 due to unavailability of Mayor and Mayor Pro Tom).
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
SECOND: Benavides
Amezcua, Benavides
Sarmiento (5)
None (0)
None (0)
Pulido, Tinajero (2)
Martinez, Reyna
and
CITY COUNCIL MINUTES 1 JULY 1, 2013
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-THREAT OR
ANTICIPATED/POTENTIAL LITIGATION pursuant to Government Code
Section 54956.9(b)
One Matter.
1 B 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
1C PUBLIC EMPLOYEE - APPOINTMENT AND PERFORMANCE
EVALUATION pursuant to Government Code Section 54957(b)(1)
Title: City Manager
CLOSED SESSION REPORT - See Item 19A. for Report.
ADJOURNED THE CLOSED SESSION MEETING AT 6:32 P.M. AND CONVENED TO
THE REGULAR OPEN MEETING
CITY COUNCIL MINUTES 2 JULY 1, 2013
REGULAR OPEN SESSION
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
6:33 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
SAL TINAJERO, Mayor Pro Tern
ANGELICAAMEZCUA
P. DAVID BENAVIDES
MICHELE MARTINEZ
ROMAN A. REYNA
VINCENT F. SARMIENTO
COUNCILMEMBERS Absent:
None
PLEDGE OF ALLEGIANCE
INVOCATION
STAFF Present:
KEVIN O'ROURKE, Interim City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
MAYOR PULIDO
JERRY HILL, POLICE CHAPLAIN
SPECIAL PRESENTATION - Orange County Water District Annual Update - General
Manager Mike Marcus
EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to:
20 YEARS OF SERVICE
Leonel P. Rodriguez, Police Officer, Police
Department
PROCLAMATION presented by COUNCILMEMBER MARTINEZ to Public Works
Agency Executive Director Raul Godinez II for his exceptional service to the City of
Santa Ana.
CITY COUNCIL MINUTES 3 JULY 1, 2013
CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER BENAVIDES to
Joe Adams, President of the Discovery Science Center, for receiving the National Medal
of Service from First Lady Michelle Obama.
CLOSED SESSION REPORT - City Attorney Carvalho reported that the City Council
received an update on the City Manager recruitment and provided staff with direction on
labor negotiations.
PUBLIC COMMENT
• Carlos Nava, President of Santa Ana Pony League Baseball, reported that they are
a non-profit organization with more than 400 members and 4 teams, scholarships
have been awarded, Bronco division won district and division championship,
advanced to regional championship and have won numerous tournaments; Pinto
Division won division championship; thanked staff and council for support and many
volunteers that assist.
• Steve Rocco, condolences to family of former Mayor Gordon Bricken and
commented on government corruption in general.
• Ebrahim Duel, MD, requested assistance addressing living and damage created by
homeless on the roof of building at his place of business.
• Manuel Quintana, Golden B League, noted that League was founded in 1975,
opined that change in field apportionment unfair; has suffered discrimination in the
past; request assistance in having fields re-assigned.
• Jesus Nieto, Pacific Baseball League, has been affected by recent lottery system in
assigning baseball fields; competition remains fair to all.
• Alex Vega, spoke of perceived instability in the City; opined that change in baseball
field assignment will create one super league.
• Barbara Lamere, resident of Windsor Village neighborhood, concerned with lease at
Centennial Park with Rancho Santiago Community College District, need to recover
open space area to benefit community.
• Harvey Contreras, President of Valley Little League, spoke of extensive volunteer
and free services for the benefit of the youth in our community.
• Jaime Contreras, representing Valley Little League, baseball fields to benefit
children in the community; supports new lottery system that assigns fields.
• Juan Jose Rivera, President of the Orange County Regional Baseball League
(OCRBL), formed adult league many years ago; League provides resources and
financial assistance to youth programs; thanked the City for lottery system that has
provided equality.
• Henry Buenrostro, OCRBL, Coach at Santa Ana High School; commended teams
for maintaining fields, important to maintain quality areas; thanked the City for lottery
system and facilitating change.
• Carlos Bonanni, urged the City to bring back the Fire Department to the City of
Santa Ana in future.
• Jacky Acosta, Caf6 Calacas, opposes Business Improvement District (BID); agenda
item 75D.
CITY COUNCIL MINUTES 4 JULY 1, 2013
CONSENT CALENDAR ITEMS
MOTION: Approve Consent Calendar Items 10A through 31A with the
following modifications:
• Councilmember Sarmiento pulled Agenda Item 19D for separate discussion; and
• Councilmember Amezcua pulled Agenda Item 23A for separate discussion.
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Sarmiento
Amezcua, Benavides,
Sarmiento, Tinajero (7)
Martinez, Reyna, Pulido,
None (0)
None (0)
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 OF THE REGULAR MEETING OF JUNE 17, 2013 - 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 SECOND READING ORDINANCE AMENDING THE SANTA ANA
MUNICIPAL CODE TO ALLOW THE AMOUNT OF ADMINISTRATIVE
FINES AND PENALTIES TO BE SET BY RESOLUTION - Police
Department and Planning and Building Agency
Placed on first reading at the June 17, 2013 City Council meeting and
approved by a vote of 5-0 (Pulido and Tinajero absent).
Published in the Orange County Reporter on June 21, 2013.
CITY COUNCIL MINUTES 5 JULY 1, 2013
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NO. NS-2845 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AMENDING CHAPTER 1 OF THE SANTA
ANA MUNICIPAL CODE REGARDING SETTING THE AMOUNT OF
ADMINISTRATIVE CITATION FINES AND PENALTIES
MISCELLANEOUS ADMINISTRATION
19A CLOSED SESSION REPORT - None
19B EXCUSED ABSENCES - None
19C DESTRUCTION OF OBSOLETE CITY RECORDS - City Manager's
Office and Personnel Services Agency
MOTION: Approve the requests for the destruction of obsolete
records from various City departments in accordance with the
retention schedule outlined in City Council Resolution 2013-014.
19D AUTHORIZE ESTABLISHMENT OF CITY COUNCIL 2013 FIESTAS AD
HOC COMMITTEE - Parks; Recreation & Community Services Agency
Councilmember Sarmiento noted that City had standing Ad Hoc
Committees for Fiestas Patrias and Cinco de Mayo celebrations. Former
Councilmember was on committee and now need to appoint new
committee members. Mayor Pro Tern Tinajero, Councilmembers
Benavides and Sarmiento were nominated to serve on Ad Hoc
Committee.
MOTION:
1. Authorize the Mayor to establish a City Council 2013 Fiestas Ad
Hoc Committee.
2. Appoint Mayor Pro Tern Tinajero, and Councilmembers Sarmiento
and Benavides.
MOTION: Sarmiento SECOND: Martinez
VOTE: AYES: Amezcua, Benavides, Martinez, Reyna,
Pulido, Sarmiento, Tinajero (7)
CITY COUNCIL MINUTES 6 JULY 1, 2013
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
BUDGETARY MATTERS
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
MOTION: Award in accordance with Request for Council Action.
(Items 22A through 22C)
22A SPEC. NO. 11-016 - MANHOLE FRAMES AND COVERS - RENEW
CONTRACT WITH ALHAMBRA FOUNDRY CO. FOR A ONE-YEAR
PERIOD IN AN AMOUNT NOT TO EXCEED $40,000 (Public Works
Agency) - Finance & Management Services
22B SPEC. NO. 12-035 - SAFETY SHOES - RENEW CONTRACT WITH
DEE'S SHOES, INC. DBA RED WING SHOE STORE FOR A ONE-YEAR
PERIOD IN AN AMOUNT NOT TO EXCEED $30,000 - Finance &
Management Services
22C SPEC. NO. 13-024 - SAFETY GLOVES - AWARD A CONTRACT TO
INTERBORO PACKAGING CORP. FOR A ONE-YEAR PERIOD, WITH
PROVISION FOR THREE ONE-YEAR RENEWALS, IN AN ANNUAL
AMOUNT NOT TO EXCEED $40,000 (Police Department) - Finance &
Management Services
PROJECTS/CHANGE ORDERS
23A REJECTION OF BIDS - FLOWER' STREET BIKE TRAIL GAP CLOSURE
(PROJECT NO. 122620) - Public Works Agency
Councilmember Amezcua requested clarification on need to reject bids.
Acting Public Works Director William Galvez provided background.
MOTION: Reject all bids for the Flower Street Bike Gap Closure and
authorize rebidding.
MOTION: Amezcua SECOND: Martinez
CITY COUNCIL MINUTES 7 JULY 1, 2013
VOTE: AYES: Amezcua, Benavides, Martinez, Reyna,
Pulido, Sarmiento, Tinajero (7)
AGREEMENTS
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
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. 2013-100 - AMENDMENT - LIBRARY AUTOMATION
SYSTEM TO PROVIDE DATABASE SUBSCRIPTION SERVICE AND
MAINTENANCE IN AN AMOUNT NOT TO EXCEED $36,059, FOR A
ONE-YEAR TERM -With The Library Corporation, Inc. - Parks, Recreation
& Community Services Agency
25B AGMT NO. 2013-101 - AMENDMENT- LANDSCAPE MAINTENANCE
SERVICES FOR A SEVEN-MONTH TERM IN DISTRICT THREE PARK
SITES IN AN AMOUNT OF $372,453.69, WITH A 10% CONTINGENCY
FOR UNANTICIPATED WORK IN AN AMOUNT OF $37,245.37 FOR A
TOTAL NOT TO EXCEED AMOUNT OF $409,699.06 - With Vista Del
Verde Landscape, Inc. - Parks, Recreation & Community Services Agency
25C AGMT NO. 2013-102 - AMENDMENT - LANDSCAPE MAINTENANCE
SERVICES IN THE DISTRICT A (CIVIC CENTER) AND DISTRICT FOUR
- With Midori Gardens for a 12-month agreement amendment to provide
landscape maintenance services in District A (Civic Center) in an amount
of $222,252.00 with a 14% contingency for unanticipated work for a total
not to exceed amount of $253,367.28 and one-month agreement
extension on District Four, in an amount of $59,113 with a 10%
contingency for unanticipated work for a total not to exceed amount of
$65,024.30, for a total agreement amount of $318,391.58 - Parks,
Recreation & Community Services Agency
CITY COUNCIL MINUTES 8 JULY 1, 2013
25D AGMT NO. 2013-103 - WEBCASTING SERVICES WITH GRANICUS
INC. - In an amount of $34,132, which includes $15,400 in one-time cost,
for an 18-month period to automatically renew for an additional three
terms of one year each - Clerk of the Council Office
MISCELLANEOUS - BUDGET
29A INSURANCE RENEWALS - Personnel Services Agency
MOTION:
1. Approve the City's continued membership in the Big Independent
Cities Excess Pool from July 1, 2013 to July 1, 2014 at an
estimated premium cost not to exceed $1,465,000.
2. Approve the City's continued participation in the Public Entity
Property Insurance Program from July 1, 2013 to July 1, 2014 at
an estimated premium cost not to exceed $450,000.
3. Approve the City's continued participation in the California State
Association of Counties - Excess Insurance Authority's Crime
Bond Program from July 1, 2013 to July 1, 2014 at an estimated
premium cost not to exceed $12,500.
LAND USE MATTERS
CONDITIONAL USE PERMIT/VARIANCES
31A VARIANCE NOS. 2013-02, 2013-03 AND 2013-04 TO PERMIT A NEW
SINGLE-FAMILY RESIDENCE ON A 2,457 SQUARE FOOT LOT AND
ALLOW FOR A REDUCTION IN THE REQUIRED OFF-STREET
PARKING AND SETBACKS AT 1919 NORTH SPURGEON STREET -
BLANCA HERNANDEZ, APPLICANT - Planning and Building Agency
Recommended action approved by the Planning Commission on June 10,
2013, by a vote of 7-0.
MOTION: Receive and file the staff report approving Variance No.
2013-02 as conditioned, Variance No. 2013-03 as conditioned and
Variance No. 2013-04 as conditioned.
**END OF CONSENT CALENDAR**
CITY COUNCIL MINUTES 9 JULY 1, 2013
BUSINESS CALENDAR ITEMS
AGREEMENTS (Non-routine)
25E REJECTION OF BIDS - FEDERAL GOVERNMENT LIAISON SERVICES
(RFP 12-075) - City Manager's Office
Continued from the April 1, 2013 City Council meeting by a vote of 7-0.
Continued from the May 6, 2013 City Council meeting by a vote of 4-3
(Amezcua, Martinez, and Tinajero dissented).
Mayor Pulido motioned to amend recommended action #2 to ratify
selection process by the City Council after Legislative Committee reviews
matter; Councilmember Benavides seconded motion.
Councilmember Martinez requested clarification from City Manager.
City Manager O'Rourke and City Attorney Carvalho noted that Legislative
Committee would define credential, process and interview candidates;
item would be brought back for City Council for consideration.
Councilmember Sarmiento indicated that temporary firm would be
selected by City Manager; thus City would receive needed services until
permanent firm selected.
Mayor Pulido concerned with long-term selection and criteria.
City Attorney Carvalho suggested that an oral report from Legislative
Committee be provided to offer greatest level of transparency. Mayor
Pulido concurred and noted that it was intent of the motion.
MOTION:
1. Reject all bids for federal government liaison services Request
For Proposals (RFP) 12-075.
2. Request Mayor and City Council to direct the Legislative Council
Committee to define the selection process for federal government
liaison services, and authorize the City Manager to conduct the
selection process as defined by the Legislative Council
Committee.
3. Authorize the City Manager to retain federal government liaison
services on an "as needed basis" at an hourly rate or on a month
to month basis until a permanent federal lobbyist has been
retained.
CITY COUNCIL MINUTES 10 JULY 1, 2013
MOTION: Pulido SECOND: Benavides
VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
25F AGMT NO. 2013-104 - MANAGEMENT AND OPERATION OF THE
CABRILLO TENNIS CENTER - Parks, Recreation & Community Services
Agency
Continued from the June 3, 2013 City Council Meeting by a vote of 7-0
and from the June 17, 2013 City Council Meeting by a vote of 6-0
(Tinajero absent).
Councilmember Benavides requested staff report. Parks, Recreation and
Community Services Executive Director Gerardo Mouet provided
background on facility and contractor at Cabrillo Tennis Center.
Elson De Cantueria, owner and operator of Match Point Tennis Academy,
LLC, remarked on operation and scholarship opportunities offered to
Santa Ana residents or Santa Ana Unified School students; approximately
80-110 students participate.
Mayor Pulido proposed that non-profit organizations be allowed to coach
students; allow public access to Santa Ana residents.
Councilmember Martinez thanked operator for allowing 3 courts to be
made available to Santa Ana residents.
Councilmember Sarmiento noted that facility is public resource, well
maintained and available to low-income residents.
Contractor has agreed to co-exist with other non-profit organizations.
Staff to work with school district to identify potential scholarship recipients.
Also, noted that there are 3 courts with structural damage that would need
to be rebuilt; Academy cost is approximately $30-40.
Mayor Pulido proposed a three month re-opener be included in contract.
Executive Director Mouet noted that current 6-month provision allows
sufficient time to re-program events. Contractor noted that some leagues
CITY COUNCIL MINUTES 11 JULY 1, 2013
have 6-12 month contracts in place, thus a three- month re-opener not
feasible.
Mayor Pulido indicated that there was a potential donor to build 2 new
courts and that they should be excluded in contract. City Attorney
Carvalho noted that City entering into a non-exclusive contract; operating
and license agreement only; no disruption of current services expected.
Councilmember Benavides requested regular updates. Councilmember
Reyna expressed concern with five year contract and recommended a
three-year contract.
AMENDED MOTION: Authorize the City Manager and Clerk of the
Council to execute an agreement, with Match Point Tennis Academy,
LLC in an annual amount of $48,000 for the management and
operation of the Cabrillo Tennis Center for a five-year term subject to
non-substantive changes approved by the City Manager and City
Attorney, and exclude any future courts from provisions of current
contract.
MOTION: Martinez SECOND: Sarmiento
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido,
Sarmiento, Tinajero (6)
NOES: Reyna (1)
ABSTAIN: None (0)
ABSENT: None (0)
PUBLIC HEARINGS
75A PUBLIC HEARING - AMENDMENT APPLICATION NO. 2013-02 TO
REZONE MCFADDEN PLACE FROM LIGHT INDUSTRIAL (M-1) TO
SPECIFIC DEVELOPMENT NO. 85 AT 1400-1441 SOUTH VILLAGE
WAY AND 2100 EAST WILSHIRE AVENUE - MAKENA PROPERTIES,
APPLICANT - Planning and Building Agency
Recommended Action approved by the Planning Commission on June 10,
2013 by a 7-0 vote.
Legal Notice published in the Orange County Reporter on June 21, 2013
and notices mailed on June 20, 2013.
Mayor Pulido opened the Public Hearing. There were no speakers.
CITY COUNCIL MINUTES 12 JULY 1, 2013
No written communication; the Hearing closed.
MOTION: Place ordinance on first reading and authorize publication
of title.
ORDINANCE NO. 2846 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT
1400-1441 SOUTH VILLAGE WAY AND 2100 EAST WILSHIRE AVENUE
FROM LIGHT INDUSTRIAL (M1) TO SPECIFIC DEVELOPMENT NO. 85
(SD-85) (AA NO. 2013-02) AND ADOPTING SPECIFIC DEVELOPMENT
NO. 85 (SD-85) FOR SAID PROPERTY
MOTION: Tinajero SECOND: Benavides
VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
75B
ABSENT: None (0)
PUBLIC HEARING - RECOVERY OF UNCOLLECTED COSTS FOR
ABATEMENT OF DANGEROUS AND ABANDONED BUILDINGS -
Planning and Building Agency
Legal Notice published in the Orange County Reporter on June 21, 2013
and notices mailed on June 20, 2013.
Mayor Pulido opened the Public Hearing. There were no speakers.
No written communication; the Hearing closed.
MOTION: Adopt a resolution.
RESOLUTION NO. 2013-034 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA OVERRULING OBJECTIONS TO AND
CONFIRMING THE COSTS OF SECURING AND DEMOLITION OF
VARIOUS STRUCTURES DECLARED TO BE PUBLIC NUISANCES;
MAKING, CONFIRMING AND LEVYING ASSESSMENTS FOR SUCH
COSTS; AND ORDERING SUCH COSTS TO BE RECORDED WITH
THE ORANGE COUNTY RECORDER
MOTION: Tinajero SECOND: Martinez
VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido,
Sarmiento, Tinajero (7)
CITY COUNCIL MINUTES 13 JULY 1, 2013
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
75C PUBLIC HEARING - WEED ABATEMENT PUBLIC NUISANCE REPORT
FISCAL YEAR 2012-2013 - Public Works Agency
Legal Notice published in the O.C. Reporter on June 21, 2013 and notices
mailed on June 20, 2013.
Mayor Pulido opened the Public Hearing. There were no speakers.
No written communication; the Hearing closed.
MOTION: Adopt a resolution.
RESOLUTION NO. 2013-035 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA CONFIRMING THE COSTS OF WEED,
RUBBISH AND GARBAGE ABATEMENT: MAKING, CONFIRMING AND
LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDERING A
COPY THEREOF TO BE FILED WITH THE COUNTY AUDITOR,
ASSESSOR AND TAX COLLECTOR
MOTION: Benavides SECOND: Martinez
VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
*Councilmember Martinez reported a potential conflict of interest on Agenda Item 75D
due to residency within 500 feet of subject area, and left the dais for the duration of
discussion, and did not return to the meeting.
75D PUBLIC HEARING - 2013 DOWNTOWN BUSINESS IMPROVEMENT
DISTRICT ASSESSMENT - Community Development Agency -
Set for public hearing at the June 17, 2013 City Council meeting by a vote
of 4-0 (Amezcua dissented, Martinez abstained, and Tinajero absent).
CITY COUNCIL MINUTES 14 JULY 1, 2013
Legal Notice published in the Orange County Register on June 21, 2013;
Notices mailed on June 20, 2013 (certified mail) and June 24, 2013 (first
class mail) by the Community Development Agency.
Sandy Gottlieb, Acting Executive Director of Community Development
presented staff report.
Mayor Pulido opened the Hearing. The following business owners
addressed the City Council:
• Ebrahim Duel, MD, opined that need for BID when originally formed in
1984 different than now; spoke in opposition of BID assessment.
• Walter Friedman, spoke in opposition to BID and noted that many
businesses do not benefit, which is a requirement of State Code.
• Manuel Pena, does not support BID; area continues to be divided.
• Ryan Chase, spoke in support of BID; opined that area has been
revitalized.
• Sara Escalante, Executive Director of newly formed Santa Ana
Business Council, organization will emphasize on small, day-time
business and family events; 10% will be administrative costs and the
balance to advertise and promote events; create family energy.
• Raul Yanez, spoke in support of BID; advertising/promotions needed to
attract buyers - need to have free public facilities such as parking and
restrooms.
• Adolfo Lopez, spoke in support of BID, founding member of BID that
opined program works; need directory of businesses.
• Gustavo Barcenas, spoke in opposition of BID; proposed that vending
trucks also be included in assessment
Clerk of the Council Huizar reported that a total of 58 protests had been
received, 53 validated and represent 6.21% of the total BID assessment
value.
City Council discussion ensued. City Manager O'Rourke reported that
boundaries same as 1984 boundaries and applies to business owners.
Extensive outreach provided by staff.
Councilmember Benavides questioned the billing cycle. City Attorney
Carvalho noted that the 2014 assessment year will be brought to City
Council for consideration in the Fall; staff will revisit the district's
boundaries and formula for assessments and recommend any changes
needed to make the levies more fair in the future.
Councilmember Sarmiento noted the importance of the downtown's retail
and family-oriented businesses to the city through the years.
Councilmember Amezcua concerned that only protest forms considered;
asked what percentage businesses having taxes doubled. Finance
CITY COUNCIL MINUTES 15 JULY 1, 2013
Director F. Gutierrez stated that at this point license fees have not been
analyzed.
PRESENT.
90A
90B
Councilmembers Reyna and Amezcua to serve on an Ad Hoc Committee
focused on effort.
Mayor Pulido closed the Hearing.
MOTION: Adopt a resolution confirming the Assessment Report and
levying the assessment for 2013.
RESOLUTION NO. 2013-033 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA LEVYING AN ASSESSMENT FOR THE
DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT AREA FOR
CALENDAR YEAR 2013
MOTION: Amezcua
VOTE: AYES:
NOES:
ABSTAINED
AND NOT
PRESENT:
ABSENT:
SECOND: Benavides
Amezcua, Benavides,
Sarmiento, Tinajero (6)
Reyna, Pulido,
None (0)
Martinez (1)
None (0)
CITY MANAGER'S COMMENTS - None
CITY COUNCILMEMBER COMMENTS
Councilmember Sarmiento:
• Thanked Chief Rojas for commemoration ceremony held earlier today
for fallen Santa Ana Police Sergeant John Aguilar;
CITY COUNCIL MINUTES 16 JULY 1, 2013
• Appreciate colleagues' efforts on items considered at tonight's City
Council meeting specifically the Business Improvement District and
private-public partnership at tennis center; and
• Congratulated all for successful 4m of July celebration; will work with
staff to hold event on the 4m of July next year.
Mayor Pro Tern Tinajero:
• Thanked staff for efforts in organizing 4th of July event and wished all a
happy and safe 4th of July.
Councilmember Amezcua:
• Attended NALEO conference along with Councilmembers Reyna,
Benavides and Martinez; and
• Wished all a safe and sane 4th of July.
Councilmember Reyna
• Thanked water district for presentation and encouraged all to be
drought minded;
• Attended NALEO conference in Chicago;
• Invited residents to take advantage of free residents day at Discovery
Science Center;
• Attended 4m of July event; and
• Encouraged all to shop in Santa Ana.
Councilmember Benavides:
• Commended staff on 4th of July event; great community event;
• Wished all a happy and safe 4m of July;
• Encouraged all to attend the monthly art-walk; 2nd Annual Santora
festival;
• Partook in the NALEO conference held in Chicago; and
• Reported that municipal tax bonds at the federal level are being
considered for reductions; important to contact federal representatives
to voice opposition.
Mayor Pulido:
• Thanked Councilmember Benavides for referring 3 art projects;
proposed local artist work on electrical boxes in the downtown; set-up
mechanism to explore public art options; requested an 85A agenda
item on topic for City Council discussion;
• Reported that he attended meeting on June 19, 2013 in Sacramento
with State Governor Jerry Brown to discuss local government issues;
• Adjourned meeting in memory of Former Santa Ana Mayor Gordon
Bricken.
Councilmember Amezcua left at 10:25 p.m. and did not return.
CITY COUNCIL MINUTES 17 JULY 1, 2013
ADJOURNED- 10:38 P.M. - The next meeting of the City Council is scheduled for
Monday, July 15, 2013 at 5:00 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
Former Mayor and Councilmember
Gordon Bricken
Maria 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
Study Session on Entertainment Ordinance
• Public Hearing on Sexlinger Property
• Adoption of Strategic Plan
Harbor Blvd. Mixed-Use Plan
CITY COUNCIL MINUTES 18 JULY 1, 2013