HomeMy WebLinkAbout10A - MINUTES - 08-05-13
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
AUGUST 5, 2013
CLOSED SESSION MEETING
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
5:02 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
SAL TINAJERO, Mayor Pro Tern
ANGELICA AMEZCUA
P. DAVID BENAVIDES
MICHELE MARTINEZ
VINCENT F. SARMIENTO
COUNCILMEMBERS Absent:
ROMAN A. REYNA
STAFF Present:
KEVIN O'ROURKE, Interim City Manager
JOSE SANDOVAL, Chief Assistant City
Attorney
MARIA D. HUIZAR, Clerk of the Council
PUBLIC COMMENTS
• Sergio Verino, President of SEIU, is representing 400 City employees, urged City
Council to accept labor proposal as presented.
• Javad Sabokpey, representing SEW Local 721, noted sacrifice of bargaining group
members; urged City Council to restore benefits and keep up with inflation.
• Ann Ni, presented State Income Limits for 2013 as prepared by the State of
California, Department of Housing and Community Development; request full
restoration of pre-October 2010 and cost of living increase
• Kim McPeck, spoke of hardship furloughs and increased PERS contribution have
had on SEW members; stated that no raises given in past 6 years; advocated to
make members whole.
• John Colclough, opined that union members have contributed to a better Santa Ana;
asked that benefits be restored.
CITY COUNCIL MINUTES 1 AUGUST 5, 2013
1 0A-1
COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:16 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)
• Alexander Perez Alvarado, et al. v. City of Santa Ana, United States
District Court Case No. SACV12-00328 JGB (ANx)
• Sandra & John Bitz v. City of Santa Ana, et al., United States District
Court Case No. SACV12-1144 JVS (ANx)
• Maria Guzman, Claim No. 2012-063
1B 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 and Clerk of the Council
CLOSED SESSION REPORT - See Item 19A. for Report.
RECESSED THE CLOSED SESSION MEETING AT 6:07 P.M. AND CONVENED TO
THE REGULAR OPEN MEETING
CITY COUNCIL MINUTES 2 AUGUST 5, 2013
1 0A-2
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
SAL TINAJERO, Mayor Pro Tern
ANGELICA AMEZCUA
P. DAVID BENAVIDES
MICHELE MARTINEZ
VINCENT F. SARMIENTO
COUNCILMEMBERS Absent:
ROMAN A. REYNA
STAFF Present:
KEVIN O'ROURKE, Interim City Manager
JOSE SANDOVAL, Chief Assistant City
Attorney
MARIA D. HUIZAR, Clerk of the Council
PLEDGE OF ALLEGIANCE MAYOR PULIDO
INVOCATION JANE HETHERINGTON RAUSH, POLICE
CHAPLAIN
AGENDA ITEM TAKEN OUT OF ORDER
25L AGMT NO. 2013-118 - APPROVAL OF AGREEMENT WITH DAVID
CAVAZOS AS CITY MANAGER - City Manager's Office and Personnel
Services Agency
Mayor Pulido read into the record a written statement from
Councilmember Reyna who was not able to attend meeting.
Mayor and City Council members all commented on extensive experience
and attributes Mr. Cavazos brings to the City.
CITY COUNCIL MINUTES 3 AUGUST 5, 2013
1 0A-3
MOTION: Direct and authorize the Mayor and the Clerk of the
Council to execute an employment agreement with David Cavazos as
the City Manager for the City of Santa Ana.
MOTION: Benavides SECOND: Sarmiento
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido,
Sarmiento, Tinajero (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Reyna (1)
PRESENTATIONS
SPECIAL PRESENTATION - Orange County Vector Control Annual Report presented
by Jared Dever, Director of Communications
CERTIFICATE OF RECOGNITION presented by MAYOR PULIDO to Com-Link for
recognizing the "Neighborhood Heroes" from fifteen neighborhood associations.
CERTIFICATES OF RECOGNITION presented by MAYOR PRO TEM TINAJERO to
the following teams:
• Valley Little League "Bradley Braves" for winning the City Championship for
Triple A Division:
Players: Coaches:
Ivan Bailon Martiniano Najera Arthur Prado Oscar Diaz
Anthony Bautista Daniel Navarro Steven Sanchez Rick Gonzalez
Sabastian Diaz Sebastian Ochoa Javier Vega Hector Lopez
Ricardo Hernandez Alejandro Peredo
Elias Lopez Isaac Pinedo
• Santa Ana Pony Mustang All Stars for winning the 2013 Central Region
Mustang Section Championship:
Players: Manager
Nathan Cruz Anthony Garcia Nick Perez Harvey Oyervides
Quincy Doss Nicholas Munoz Vincent Tinajero
Joseph Duarte Nick Ochoa Martin Valadez Coach
Aden Eckenwiler Isaac Oyervides Bernard Doss
Kade Fernandez Aaron Perez
CITY COUNCIL MINUTES 4 AUGUST 5, 2013
1 0A-4
CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to
the Health and Fitness Fair Sponsors - C & C Development, Care Ambulance,
Knowlwood Enterprises, Santa Ana Police Officers Association, Southern California
Edison, The Related Companies, Vineyards Development and Waste Management; and
volunteers Marc Payan from PayanX and Matt Schuetz representing the Orange County
Professional Firefighters Association
CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SARMIENTO to
the Friends of the Zoo for contributing to the design and construction of a new Ocelot
Exhibit at the Santa Ana Zoo.
CLOSED SESSION REPORT - Chief Assistant City Attorney, Jose Sandoval provided
report and is incorporated as Agenda Item 19A on the Consent Calendar.
PUBLIC COMMENT
• Dr. Mark Burcaw, D.C. spoke about the multiple citations received for leasing office
to medical marijuana dispensary; have seized property; request citations be
discharged.
• Genevieve Huizar, spoke on recent police shooting; suggest that police officers use
Tasers or tackle technique.
• Steve Rocco, spoke on temporary restraining order and hearing date extension.
• Sherry Gyofocu, spoke of murder rates in the City; recommend appropriate changes
take place at the Police Department.
• Terri Teramura, representing Justice Warriors of California, spoke of need for police
training; request meeting with Police Chief, City Manager and Mayor to discuss
training.
• Jean Thaxton, spoke of need for police training; value human life.
• Armando Felix, member of Vineyard Church in Aliso Viejo, need to address
homeless issue; suggest YMCA on Civic Center be used for Christian ministry
purposes.
• Barbara Lamere, resident of Windsor Village neighborhood association, reported on
recent article on over-crowding; Centennial Park to be used for park space.
• Kandice Herrera, concerned with recent police shooting; training needed to avoid
lethal methods.
• Ruth Hull, opined that police officers should protect and serve.
• Albert Castillo, concerned with recent police involved shooting; proposed that
cameras be installed on all police car units and approve a citizen's review board.
• Connie Hamilton, representing Connect to Council, invited all to "Winds of Change"
forum to be held on September 18th
• John Raya, spoke of general changes in the City; announced that TKO Box Club
having boxing contest at Jerome Center on Saturday, August 10th at 1 p.m.
CITY COUNCIL MINUTES 5 AUGUST 5, 2013
1 0A-5
• Dylan Thompson, spoke on behalf of SACReD, discussed Strategic Plan -
feedback, long term goals to be set before short term, include measurable objectives
and vision.
• Sarai Santamaria, member of SACReD, spoke of recent forum held on Strategic
Plan; goals and mission to be developed collaboratively with community input.
• Sandibel Ramirez, Kidworks and SACReD member, thanked City for Strategic Plan
forum to be held on Saturday, August 10th; opined that two hours not enough time
for discussion and suggest additional forums be held throughout the City.
• Miriam Lopez, member of Kidworks and SACReD, suggested additional outreach
and marketing efforts be scheduled on the development of the Strategic Plan.
• Jesse, SACReD, noted that five-year strategic plan important in building dialogue
with community.
• Chris, concerned that only one public forum scheduled on Strategic Plan.
• Apolonio Cortes, noted importance of approving Strategic Plan that is reflective of
City needs in the next five years.
• Zabdi Alvarez, expressed the need for vision (as part of Strategic Plan).
• Adriana Moreno, Children's Health Initiative of Orange County, suggested additional
forums be held and at various locations; residents to voice concerns and bring about
engagement.
• Jennifer Tinajero, thanked the City Council for support of youth baseball groups;
support policy that baseball fields be dedicated to the youth in our community.
• Jimmy Contreras, favor policy that prioritizes youth before adult and profit making
organizations in designating baseball fields.
• Harvey Contreras, spoke on little league baseball; parks to be dedicated for youth.
• Steve McGuigan, invited all to National Night Out to be held on August 6m from 4-7
p.m. at Rosita Park.
• Betty Torres, President of Comite Civico Mexicano, request assistance in addressing
differences with staff and committee members in managing the Fiestas Patrias
parade.
• Christina Ceron, representing the State of Hidalgo, Mexico, seek assistance in
addressing concerns with Fiestas Patrias Committee.
o Councilmember Sarmiento noted that ad hoc council committee to convene
on August 6`h at 4:30 p.m.; directed City Manager to request additional staff to
next few committee meetings and help facilitate matters.
• Alex Vega, spoke of Fiestas Patrias Committee issues and also baseball field
designation.
• Aaron Rodriguez, spoke of need to maintain baseball fields for the youth in our
community.
• Bertha Robiatti, representing the Mexican State of Nuevo Leon, concerned with
Fiestas Patrias committee issues.
CITY COUNCIL MINUTES 6 AUGUST 5, 2013
1 0A-6
CONSENT CALENDAR ITEMS
MOTION: Approve Consent Calendar Items 10A through 251 as
recommended by staff and excuse the absence of Councilmember Reyna
from the City Council and Housing Authority meetings.
• Councilmember Sarmiento noted conflict of interest and abstention on Agenda
Item 11A; and
• Councilmember Benavides pulled Agenda Item 11A for separate discussion.
MOTION: Tinajero SECOND: Benavides
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Sarmiento,
Tinajero (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Reyna(1)
ADMINISTRATIVE MATTERS
MINUTES
MOTION: Approve Minutes (Items 10A through 10E).
10A MINUTES OF THE SPECIAL MEETING OF JULY 12, 2013 - Clerk of the
Council Office
10B MINUTES OF THE SPECIAL ADJOURNED MEETING OF JULY 13, 2013
10C MINUTES OF THE REGULAR MEETING OF JULY 15, 2013 - Clerk of the
Council Office
10D MINUTES OF THE ADJOURNED REGULAR MEETING OF JULY 18,
2013 - Clerk of the Council Office
10E MINUTES OF THE SPECIAL MEETING OF JULY 23, 2013 - Clerk of the
Council Office
CITY COUNCIL MINUTES 7 AUGUST 5, 2013
1 0A-7
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.
Placed on first reading at the July 15, 2013 City Council meeting and
approved by a vote of 6-0 (Sarmiento abstained).
Published in the Orange County Reporter on July 26, 2013.
Councilmember Benavides noted that City Council had discussed
proposed modifications at the previous meeting. Planning and Building
Executive Director, Jay Trevino outlined options available to Council to
approve modifications discussed, which include: approve ordinance for
second reading as prepared (effective date of ordinance, September 4th);
bring back modifications proposed by Mayor Pro Tem Tinajero at a
subsequent meeting to include concert venues (Planning Commission to
first consider ordinance before City Council approval); last option is to
continue consideration and re-open Public Hearing with modifications.
Councilmember Benavides proposed approval as is. Staff to expedite
modified ordinance.
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NO. NS-2847 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AMENDING CHAPTERS 11 AND 41 OF
THE SANTA ANA MUNICIPAL CODE TO UPDATE THE CITY'S
REGULATION OF ENTERTAINMENT AND ALCOHOL PERMITS AND
APPLICATION STANDARDS
MOTION: Benavides SECOND: Pulido
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido,
Tinajero (5)
NOES: None (0)
ABSTAIN: Sarmiento (1)
ABSENT: Reyna(1)
CITY COUNCIL MINUTES S AUGUST 5, 2013
1 0A-8
MISCELLANEOUS ADMINISTRATION
19A CLOSED SESSION REPORT - City Attorney's Office
MOTION: Approve settlement agreement with Maria Guzman, Claim
No. 2012-063 in the amount of $42,000.
19B EXCUSED ABSENCES - Clerk of the Council Office
MOTION: Excuse the absence of Councilmember Reyna from the
City Council and Housing Authority Meetings.
19C DESTRUCTION OF OBSOLETE CITY RECORDS - City Manager's Office
and Police Department
MOTION: Approve the requests for the destruction of obsolete
records from City departments in accordance with the retention
schedule outlined in City Council Resolution 2013-014.
19D QUARTERLY REPORT OF INVESTMENTS AS OF JUNE 30, 2013 -
Finance & Management Services
MOTION: Receive and file.
19E 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 April 1, 2013 to June 30, 2013 valued at $25,000 and
less.
19F WORKFORCE INVESTMENT ACT LOCAL STRATEGIC PLAN FOR
PROGRAM YEARS 2013-2017 - Community Development Agency
Recommended Action approved by the Workforce Investment Board on
July 18, 2013 by a 17-0 vote (Claudio, Davila, de la Riva, Didion, Elliott,
Gebre, Gonzalez, Jimenez-Hami, Knitter, Korthuis, Lewis, Nazeri, and Su
absent).
MOTION:
1. Approve the Santa Ana Workforce Investment Board Local
Strategic Workforce Plan for Program Years 2013-2017 and
CITY COUNCIL MINUTES 9 AUGUST 5, 2013
1 0A-9
authorize its submittal to the State of California Workforce
Investment Board.
2. Authorize the Mayor and Santa Ana Workforce Investment Board
Chair to sign the Local Strategic Workforce Plan.
19G QUARTERLY REPORT FOR HOUSING DIVISION PROJECTS AND
ACTIVITIES (APRIL 2013 - JUNE 2013) - Community Development
Agency
MOTION: Receive and file.
BUDGETARY MATTERS
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
MOTION: Award in accordance with Request for Council Action.
(Items 22A through 22C)
22A SPEC. NO. 09-010 - ON-CALL SANITARY SEWER LINING SERVICES -
Renew the contract with RePipe California, Inc. for a one-year period, in
an annual amount not to exceed $500,000 (Public Works Agency) -
Finance & Management Services
22B SPEC. NO. 13-029 - DIESEL STANDBY GENERATORS - Award a
contract to Cobra Power Systems, Inc. in an amount not to exceed
$235,000 (Public Works Agency) - Finance & Management Services
22C SPEC. NO. 13-031 - THE PURCHASE AND INSTALLATION OF
HEATING VENTILATION AND AIR CONDITIONING (HVAC) VARIABLE
FREQUENCY DRIVES - Award a contract to Variable Speed Solutions
Inc. in an amount not to exceed $55,866 (Police Department) - Finance &
Management Services
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 251)
CITY COUNCIL MINUTES 10 AUGUST 5, 2013
1 0A-10
25A AGMT NO. 2013-119 - HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2013-01 FOR THE PROPERTY LOCATED AT 2418
NORTH POINSETTIA STREET - With property owners Jeffrey Dresser
and Sandra Meza - Planning and Building Agency
25B AGMT NO. 2013-120 - HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2013-02 FOR THE PROPERTY LOCATED AT 1225
NORTH FRENCH STREET - With property owners James J. Tellier and
Rebecca Ralph - Planning and Building Agency
25C AGMT NO. 2013-121 - ANIMAL LICENSE FEE COLLECTION PROGRAM
- With Civic Collections, Inc. for a two-year period with an option to renew
up to three additional two-year periods - Finance & Management Services
25D AGMT NO. 2013-122 - E-PROCUREMENT SERVICES - With PlanetBids
Inc. in an amount of $20,000 which includes $4,500 in one-time costs, for
a 12-month period to automatically renew for an additional two terms of
one year each - Finance & Management Services
25E AGMT NO. 2013-123 - AMENDMENT - DEVELOPMENT AND PROJECT
MANAGEMENT - With Rosenow Spevacek Group, Inc. to increase the
compensation by an additional amount of $50,000, for a total aggregate
amount not to exceed $75,000 for an approximate one-year term -
Community Development Agency
25F AGMT NO. 2013-124 - AMENDMENT - GRANT MANAGEMENT
SERVICES - With Willdan Homeland Solutions in an annual amount not to
exceed $125,000, to extend the term one-year, through August 31, 2014
with the option to extend for one additional one-year period - Police
Department
25G AGMT NO. 2013-125 and 2013-126- AMENDMENTS - ON-CALL WATER
AND SEWER EMERGENCY SERVICES - With Doty Brothers
Construction Company and Paulus Engineering, Inc., in an amount not to
exceed $150,000 for each firm; to extend term from September 1, 2013
through August 31, 2014 for both firms - Public Works Agency
25H AGMT NO. 2013-127 - AMENDMENT - ENGINEERING SERVICES FOR
THE SANTA ANA DELHI CHANNEL DIVERSION PROJECT- With URS
Corporation in an amount of $340,000 plus a contingency of $25,000, for a
total agreement not to exceed $565,000, and to extend the term of the
agreement to August 30, 2014 - Public Works Agency
CITY COUNCIL MINUTES 11 AUGUST 5, 2013
1 0A-11
251 AGMT NO. 2013-128 - DELIVERY AND INSTALLATION OF EIGHT
ELECTRIC VEHICLE CHARGERS UNDER STATE-FUNDED
CALIFORNIA ENERGY COMMISSION "RECONNECT CALIFORNIA"
PROGRAM - With Clipper Creek Inc. in an amount not to exceed $80,000
- Finance & Management Services
"END OF CONSENT CALENDAR"
BUSINESS CALENDAR ITEMS
MISCELLANEOUS ADMINISTRATION (Non-routine)
19H REQUEST FOR QUALIFICATIONS FOR DEVELOPMENT OF THE
THIRD STREET AND BROADWAY PARKING STRUCTURE - 201 W.
THIRD STREET - Community Development Agency and Planning and
Building Agency
MOTION: Authorize the Community Development Agency to release
a Request for Qualifications inviting qualified developers to submit
Statements of Qualifications to develop an innovative, high quality
project at the Third Street and Broadway parking structure site,
designed to complement and enhance the unique characteristics of
Downtown Santa Ana.
MOTION: Benavides SECOND: Tinajero
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido,
Sarmiento, Tinajero (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Reyna(1)
191 REQUEST FOR QUALIFICATIONS FOR RENOVATION AND REUSE OF
THE Y.M.C.A. PROPERTY LOCATED AT 203-205 W. CIVIC CENTER
DRIVE - Community Development Agency and Planning and Building
Agency
CITY COUNCIL MINUTES 12 AUGUST 5, 2013
1 0A-12
MOTION: Authorize the Community Development Agency to release
a Request for Qualifications inviting qualified developers to submit
Statements of Qualifications for the renovation and adaptive reuse of
the Y.M.C.A. property, incorporating the building's historic and
iconic architecture.
MOTION: Benavides SECOND: Tinajero
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido,
Sarmiento, Tinajero (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Reyna(1)
PROJECTS/CHANGE ORDERS (Non-routine)
23A CONTRACT AWARD FOR MCFADDEN AVENUE REHABILITATION
FROM WEST CITY LIMIT TO EUCLID (PROJECT 13-6784) AND
EUCLID TO NEWHOPE (PROJECT 12-6776) - Public Works Agency
MOTION:
1. Award a contract to the lowest responsible bidder, All American
Asphalt, Inc., in accordance with the Base Bid totaling $995,243,
for the construction of the McFadden Avenue Rehabilitation from
West City Limit to Euclid (Project 13-6784) and from Euclid to
Newhope (Project 12-6776).
2. Approve the Cost Analysis for a total estimated project delivery
cost of $ $1,293,632.
MOTION: Benavides SECOND: Tinajero
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido,
Sarmiento, Tinajero (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Reyna (1)
CITY COUNCIL MINUTES 13 AUGUST 5, 2013
1 0A-13
23B CONTRACT AWARD FOR BROADWAY REHABILITATION FROM CIVIC
CENTER TO SANTA CLARA (PROJECT 11-6743) AND BROADWAY
AND WASHINGTON AVENUE WATER MAIN IMPROVEMENTS
(PROJECT 11-6415) -Public Works Agency
MOTION:
1. Award a contract to the lowest responsible bidder, Christensen
Brothers General Engineering, Inc., in accordance with the Base
Bid totaling $4,302,858.65 for the construction of the Broadway
Rehabilitation and Broadway and Washington Avenue Water Main
Improvements.
2. Approve the Cost Analysis for a total estimated project delivery
cost of $5,163,430.65.
MOTION: Amezcua SECOND: Tinajero
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido,
Sarmiento, Tinajero (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Reyna(1)
23C CONTRACT AWARD FOR THE FLOWER STREET BIKE TRAIL FROM
MACARTHUR BLVD. TO SUNFLOWER AVE. (PROJECT 12-2620) -
Public Works Agency
MOTION:
1. Award a contract to the lowest responsible bidder, Green Giant
Landscape, Inc., in accordance with the Base Bid plus Bid Item
Nos. 47 and 49 of Add Alternate 1, totaling $968,500 for the
construction of Flower Street Bike Trail from MacArthur Blvd. to
Sunflower Ave.
2. Approve the Cost Analysis for a total estimated project delivery
cost of $1,259,050.
MOTION: Martinez SECOND: Tinajero
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido,
Sarmiento, Tinajero (6)
CITY COUNCIL MINUTES 14 AUGUST 5, 2013
1 OA-14
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Reyna (1)
AGREEMENTS (Non-routine)
25J AGMT NO. 2013-129 - PROVIDE MEDICAL SERVICES FOR INMATE
POPULATION AT SANTA ANA JAIL - Police Department
Acting Police Chief Carlos Rojas provided detail report on increase of cost
MOTION:
1. Authorize the City Manager and Clerk of the Council to execute an
agreement subject to non-substantive changes with Correctional
Managed Care Medical Corporation (CMCMC) for a one-year term,
in an annual amount of $1,768,732.
2. Authorize the Police Department to issue a Request for
Proposals (RFP) to qualified companies to provide basic and
emergency health care services for Santa Ana Jail inmates.
MOTION: Sarmiento SECOND: Martinez
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido,
Sarmiento, Tinajero (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Reyna(1)
25K AGMT NO. 2013-130 - ECONOMIC DEVELOPMENT AGREEMENT
WITH [PC TO RELOCATE AND OPERATE IN THE CITY OF SANTA
ANA - City Manager's Office and Community Development Agency
MOTION: Authorize the City Manager and Clerk of the Council to
execute a Relocation Commitment agreement, subject to non-
substantive changes approved by the City Manager and City
Attorney with IPC (USA), Inc., a California Corporation, to secure the
relocation and continued operation of the company's California
headquarters and sales office in the City of Santa Ana.
CITY COUNCIL MINUTES 15 AUGUST 5, 2013
1 0A-15
MOTION: Benavides SECOND: Tinajero
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido,
Sarmiento, Tinajero (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Reyna(1)
25L AGENDA ITEM CONSIDERED OUT OF ORDER
RESOLUTIONS
55A AGMT NO. 2013-131 - GRANTS FOR BLOCKS PROGRAM - Community
Development Agency
MOTION:
1. Adopt a resolution.
RESOLUTION NO. 2013-038 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING A FISCAL
SPONSORSHIP AGREEMENT WITH CHARITABLE VENTURES OF
ORANGE COUNTY FOR THE PURPOSE OF ADMINISTERING
SANTA ANA'S GRANTS FOR BLOCKS PROGRAM
2 Authorize the Executive Director of the Community Development
Agency or their designee to execute the agreement and all
necessary documents required for the establishment and
maintenance of Grants for Blocks as a restricted fund with
Charitable Ventures of Orange County
MOTION: Tinajero SECOND: Sarmiento
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido,
Sarmiento, Tinajero (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Reyna(1)
CITY COUNCIL MINUTES 16 AUGUST 5, 2013
1 0A-16
55B RESOLUTION ADOPTING THE NEW PROPOSED TARGET
EMPLOYMENT AREA FOR THE ENTERPRISE ZONE - Community
Development Agency
MOTION: Adopt a resolution.
RESOLUTION NO. 2013-039 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA IDENTIFYING THE CENSUS TRACTS
COMPRISING THE TARGETED EMPLOYMENT AREA FOR THE
SANTA ANA ENTERPRISE ZONE
MOTION: Benavides SECOND: Tinajero
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido,
Sarmiento, Tinajero (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Reyna(1)
REPORTS
65A LEAGUE OF CALIFORNIA CITIES VOTING DELEGATE - Clerk of the
Council Office
MOTION: Designate Councilmember Martinez as a voting delegate to
the League of California Cities' Annual Business Meeting scheduled
for Friday, September 20, 2013.
MOTION: Benavides SECOND: Martinez
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido,
Sarmiento, Tinajero (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Reyna(1)
CITY COUNCIL MINUTES 17 AUGUST 5, 2013
1 0A-17
PUBLIC HEARINGS
75A PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2013-01
TO AMEND THE SANTA ANA MUNICIPAL CODE RELATED TO
EMERGENCY SHELTERS, TRANSITIONAL AND SUPPORTIVE
HOUSING FOR THE HOMELESS - Planning and Building Agency
Recommended Action approved by the Planning Commission on July 22,
2013 by a 6-0 vote (Alderete absent).
Legal Notice published in the O.C. Reporter and notices mailed on July
26, 2013.
Mayor Pulido opened the Public Hearing. The following speakers spoke
on the matter:
• Nigel Cross, Captain with Salvation Army, spoke in support of
proposed ordinance.
• Jean Watkans, representing Salvation Army, thanked staff for efforts in
developing proposed ordinance; assist with transitional programs.
• Paul Leu, representing Bendetti Company, concerned with potential
relocation of shelters to industrial areas.
• Martin Barrera Martinez, Manager of Hospitality House at Salvation
Army, supports ordinance and strategically addressing homeless
issue; Salvation Army meeting with residents of Lacy Street
neighborhood in addressing questions; meeting scheduled for August
7m at 6:30 p.m. at Hospitality House, 818 E. 3`d Street.
• Scott Larson, Executive Director of Homeaid OC and member of
Orange County Commission on Homelessness; staff has properly
drafted ordinance to best need of disadvantaged; suggest ordinance
will reduce number of homeless because proper programs will be
developed.
Mayor Pulido closed the Hearing at 9:15 p.m.
Executive Director of Planning and Building Jay Trevino provided brief
summary of proposed ordinance.
Council discussion ensued. Councilmember Benavides expressed
commitment to matter. Councilmember Sarmiento thanked staff for efforts
and police department for mitigation efforts; community has responsibility
of addressing issue; surrounding cities also need to undertake matter.
Councilmember Martinez commented on impacts to Lacy Street
neighborhood; symbolic "No" on ordinance because of imbalanced effect
to area.
Mayor Pulido noted that Rescue Mission was in Downtown Area and now
relocated in Tustin.
CITY COUNCIL MINUTES 18 AUGUST 5, 2013
1 0A-18
MOTION: Place ordinance on first reading and authorize publication
of title.
ORDINANCE NO. NS-2848 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE
SANTA ANA MUNICIPAL CODE TO ADOPT THE CITY'S REGULATION
OF EMERGENCY SHELTER AND TRANSITIONAL AND SUPPORTIVE
HOUSING
MOTION: Benavides SECOND: Sarmiento
VOTE: AYES: Amezcua, Benavides, Pulido, Sarmiento,
Tinajero (5)
NOES: Martinez (1)
ABSTAIN: None (0)
ABSENT: Reyna(1)
*Councilmember Amezcua declared a potential conflict of interest and left the dais for
the discussion on the matter.
75B PUBLIC HEARING - MODIFY DEVELOPMENT AGREEMENT NO. 2012-
01 TO ALLOW AN AMENDMENT AND ASSIGNMENT TO A NEW
PROPERTY OWNER FOR THE MET DEVELOPMENT PROJECT
LOCATED AT 200 EAST FIRST AMERICAN WAY - GENESIS REAL
ESTATE GROUP, APPLICANT - Planning and Building Agency
Recommended Action approved by the Planning Commission on July 8,
2013 by a 7-0 vote.
Legal Notice published in the O.C. Reporter and notices mailed on July
26, 2013.
Mayor Pulido opened the Public Hearing. The following speakers spoke
on the matter:
• David Wald, property's State appointed Receiver, spoke in support of
matter.
• David Epstein, spoke in opposition to matter; opined that amendment
violation of EIR.
Mayor Pulido closed the Hearing at 9:31 p.m.
CITY COUNCIL MINUTES 19 AUGUST 5, 2013
1 0A-19
Council discussion ensued. Mayor Pro Tern Tinajero commented on
developer's commitment to not flip project. Staff indicated that not
uncommon for assignment of project to be transferred; prohibition
extended through April, 2014; council would have to agree to remove
prohibition; current development agreement cannot transfer without
approval; language may be added to modified development agreement;
future transfers require City Council approval.
Councilmember Sarmiento noted Planning Commission's discussion on
Council approval authority.
Mayor Pulido agreed to friendly amendment to the motion to include
language on transfer.
Greg Powers with Jackson, DeMarco, Tidus, and Peckinpaugh, attorney
representing the Genesis Real Estate Group, agreed to terms.
Gordon Ip, Principal of Genesis Real Estate Group, assured City Council
that site will be developed and expressed commitment to fully develop
project (existing 270 units no change in spacing, will return for approval of
study on mid-rise component).
Councilmember Sarmiento noted City Council expectation to develop site.
Planning and Building Executive Director Jay Trevino commented on
council discretion limited because transfer needs cause for not approving;
noted that developer successfully completed similar projects in
surrounding cities. Mayor Pulido withdrew friendly amendment to motion.
Councilmember Martinez commented on history of site; project will create
jobs.
Councilmember Benavides noted that City Attorney's Office has opined
that he does not have a conflict of interest since Prudential has separate
legal entities.
MOTION:
1. Place ordinance on first reading and authorize publication of title.
ORDINANCE NO. NS-2849 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA APPROVING A SECOND
AMENDED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
SANTA ANA AND VDC AT THE MET, LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY
2. Adopt a resolution.
CITY COUNCIL MINUTES 20 AUGUST 5, 2013
1 OA-20
RESOLUTION NO. 2013-040 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA APPROVING AN
ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION AND
MITIGATION MONITORING PROGRAM, ENVIRONMENTAL REVIEW
NO. 2011-46 FOR THE PROPERTY LOCATED AT 200 EAST FIRST
AMERICAN WAY
MOTION: Pulido SECOND: Martinez
VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento,
Tinajero (5)
NOES: None (0)
ABSTAINED Amezcua (1)
AND NOT
PRESENT:
ABSENT: Reyna(1)
75C PUBLIC HEARING - RECOVERY OF UNCOLLECTED
ADMINISTRATIVE CITATION FINES - Planning and Building Agency
Legal Notice published in the O.C. Register and notices mailed on July 26,
2013.
Clerk of the Council reported that 2134 S. Oak and 1325 N. Bush
properties were removed from the lien assessment due to payment after
agenda report prepared.
Mayor Pulido opened the public hearing. The following speakers
addressed the City Council:
• Zaman Kabir, request waiver of lien assessment on property.
• Dr. Mark Burcaw, D.C., have received several liens on property; not
able comply with liens given to tenants for not having a business
license because of unpermitted business activity.
Mayor Pulido closed the Hearing.
MOTION: Adopt a resolution.
RESOLUTION NO. 2013-041 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA CONFIRMING UNCOLLECTED
ADMINISTRATIVE CITATION FINES: MAKING, CONFIRMING AND
LEVYING ASSESSMENTS FOR SUCH FINES; AND ORDERING A COPY
THEREOF TO BE FILED WITH THE COUNTY AUDITOR, ASSESSOR
AND TAX COLLECTOR
CITY COUNCIL MINUTES 21 AUGUST 5, 2013
1 OA-21
MOTION: Benavides SECOND: Sarmiento
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido,
Sarmiento, Tinajero (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Reyna(1)
CITY COUNCIL MEETING RECESSED TO THE HOUSING AUTHORITY MEETING
AT 10:40 P.M. AND RECONVENED AT 10:41 P.M. WITH SAME MEMBERS
PRESENT.
*Mayor Pulido left the meeting at 10:41 p.m. and did not return
COMMENTS
90A CITY MANAGER'S COMMENTS - None
90B CITY COUNCILMEMBER COMMENTS
Councilmember Amezcua:
• Welcome incoming City Manager.
Councilmember Benavides
• Public Safety meeting to be on August 27th at 5:30 p.m.
• Invited all to attend Orange County Dream Team on Friday at 6 p.m.
on Broadway; Strategic Plan Community Forum on Saturday, August
10th at Southwest Community Center; and Townsend and Raitt Street
Community event on August 17th; and
• Encouraged all to shop Santa Ana.
Councilmember Martinez:
• Commented on recent malnutrition case where 4 year old almost died;
encouraged colleagues to develop forum to address social issues in
our community;
• Pedestrian safety priority, need education; SCAG has grants for
sustainable communities; Santa Ana submitted petition for complete
streets;
• Commented on recent police shooting; thanked Police Chief for
proactive efforts and press conference; noted that Police Department
CITY COUNCIL MINUTES 22 AUGUST 5, 2013
1 OA-22
following protocol - three separate investigations ongoing; Police Chief
receptive to open community dialogue; and
• On August 28th will host State of the City Address for Ward 2 - inform
all on recent changes to be held at Santa Ana Senior Center at 6 p.m.
Councilmember Sarmiento:
Thanked Police Chief Rojas for addressing recent pedestrian accident
and fatality; instituted sting at incident area that resulted in citations;
• Reported that Department of Transportation issues grants for
pedestrian education programs;
• Commented on recent officer involved shooting; thanked Police Chief
for preemptive steps and expressed condolences to family of victim;
• Noted that Water Resources Manager, Nabil Saba secured $4.6 million
from OC Water District to retrofit water well and remove nitrates
project; and
• Wished all Bolivians a Happy Independence Day celebrated on August
6th
Mayor Pro Tern Tinajero:
• PREY Council Committee held meeting last week, discussed adult
baseball companies; committee unanimously support staff on
implementation of lottery system for allocation of fields; and
• Commented on recent police officer shooting; sensitive to victim and
officer involved; Police Chief Rojas reaching out to community and
making departmental changes, as needed.
Adjourn Meeting in Memory of former employees:
Jorge Farran, George Scheibe, and James M. "Jim" Trujillo
RECONVENED to Closed Session at 10:35 p.m. with same members present.
ADJOURNED- 11:03 P.M. - The next meeting of the City Council is scheduled for
Tuesday, September 3, 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 Locally Preferred Alignment
Public Hearing on Sexlinger Property
• Adoption of Strategic Plan
Harbor Blvd. Mixed-Use Plan
CITY COUNCIL MINUTES 23 AUGUST 5, 2013
1 OA-23
1 OA-24