HomeMy WebLinkAbout2018-03-12 SpecialMINUTES OF THE SPECIAL MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
MARCH 12, 2018
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
1:41 P.M.
ATTENDANCE COUNCILMEMBERS Present:
P. DAVID BENAVIDES
VICENTE SARMIENTO
JOSE SOLORIO
SAL TINAJERO
COUNCILMEMBERS Absent:
MIGUEL A. PULIDO, Mayor
MICHELE MARTINEZ, Mayor Pro Tem
JUAN VILLEGAS
STAFF Present:
RAUL GODINEZ, II, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
Quorum was established thru presence of Councilmembers Benavides, Sarmiento, Solorio and
Tinajero.
MOTION: Elect Councilmember Tinajero as Chair (pursuant to SAMC 2- 101 due
to unavailability of Mayor and Mayor Pro Tem).
MOTION: Benavides SECOND: Sarmiento
VOTE: AYES: Benavides, Sarmiento, Solorio, and Tinajero (4)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Martinez, Pulido, Villegas (3)
Councilmember Tinajero assumed the Chair and presided over the meeting.
SPECIAL CITY COUNCIL MINUTES 1 MARCH 12, 2018
PUBLIC COMMENTS
• Mark Rosen, on behalf of citizens of Santa Ana, opposed to actions as approved; noted that
correspondence provided last week and this week on the matter – covered points in letters
as submitted.
• Peter Katz, echoed comments by Mr. Rosen, opposed to use of liability account for funding
of election; opined that Mayor acted legally by not signing resolutions; supports placing
Measure in November of 2018.
• Irma Macias, opposed to having district elections; resident's interest are paramount not
political benefit.
• Joese Hernandez, on behalf of OCCORD, representing interest of Vietnamese community
and other community members, expressed support for district elections; opined that Mayor
obstructing law and not following charter requirement to sign resolutions.
• Dave Hoen, opposed to Mayor's ability to block approval by majority of the City Council;
supports placing matter on the ballot in June of 2018.
COUNCIL RECESSED to Room 147 at 1:56 p.m.
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL — THREAT OR
ANTICIPATED/POTENTIAL LITIGATION AND POTENTIAL INITIATION OF
LITIGATION pursuant to Government Code Section 54956.9(b): Two cases
CLOSED SESSION REPORT - The City Attorney will report on any action(s) to be taken at the
Regular Meeting which will begin immediately following the Closed Session
Meeting.
ADJOURNED CLOSED SESSION AND CONVENED TO THE REGULAR OPEN SESSION
AT 2:48 P.M.
OPEN SESSION
ACTING CHAIR TINAJERO CALLED OPEN SESSION TO ORDER WITH SAME MEMBERS
PRESENT.
REPORTS
65A. CONSIDER OPTIONS TO CURE THE REJECTION OF RESOLUTIONS BY THE
ORANGE COUNTY REGISTRAR OF VOTERS PERTAINING TO THE JUNE 5,
2018 SPECIAL ELECTION: REQUESTING CONSOLIDATION WITH THE
SPECIAL CITY COUNCIL MINUTES 2 MARCH 12, 2018
COUNTY OF ORANGE WITH THE STATEWIDE PRIMARY ELECTION;
APPROVING TITLE OF CHARTER AMENDMENT AND PROPOSED
LANGUAGE FOR CONSIDERATION BY VOTERS; AND AUTHORIZE THE
FILING OF ARGUMENTS AND REBUTTALS — Clerk of the Council
The following spoke on the matter:
• Mark Rosen, again expressed strong opposition to action.
• Peter Katz, concerned that ward reboundary will happen now now and again
after 2020 Census; process inconsistent with the sunshine ordinance.
• Irma Macias, reminded elected officials that they need to serve the interest of
the community and not political gain.
• Joese Hernandez, concerned that mayor has single handedly obstructed the
decision of the council.
• Carl Benninger, not opposed to District Elections, but would like to review
demographic information before deciding on whether to place on the ballot;
threat of litigation can wait until November when the cost is reduced;
concerned with allegations of hidden agendas.
• Ken Nguyen, thanked the council members for supporting the Vietnamese
community and district election effort; opined that Vietnamese have been
disenfranchised; does not support extension of term limit and demand that the
Mayor sign the resolutions to place matters on the June ballot.
City Attorney Carvalho, commented on importance of transparency laws;
allegations of Brown Act conversations were carried out to identify the subject to
which agenda was to be noticed, nonetheless the meeting not held; meeting today
called by individual members of the city council; addressed email from Mr. Rosen
regarding illegal use of liability fund account - municipal code identified is 1976
provision that is not included in budget
City Manager Godinez, noted that the liability account has been used to pay for
anything that has been anticipated as liability and capital projects to reduce
exposure to liability to the City; the Demand letter provided credible threat of
liability and staff determined that funds could be used to cover the costs; if funds
were not available then five affirmative votes would be needed to transfer funds.
Executive Director of Finance and Management Services, Francisco Gutierrez,
noted that staff report recommend use of general fund -fund balance for payment
of election costs; but when Demand Letter filed then liability fund the option of
liability fund could be used that is consistent with past practice; sufficient funds
are available thus appropriation was not needed.
City Attorney Carvalho, further commented on allegations of City not complying
with California Voter Rights Act; City Council has been discussing ward district
elections since December of 2016; City received correspondence in June of 2017
expressing concerns at which time the City hired a demographer; most cities have
not fought demand letters; proposed measure asks voters if representatives to be
elected by ward(district); ward re -boundary process is separate.
SPECIAL CITY COUNCIL MINUTES 3 MARCH 12, 2018
Councilmember Solorio, served on California Legislative and worked on California
Voting Rights Act; have watched other cities fight back, but no city has been
successful in fighting CVRA Demand; through demographic data opined that
Asian populations has been disenfranchised; need to remedy situation; supports
action of the City Council.
Councilmember Sarmiento, thanked staff and speakers for efforts on this matter;
public policy to be decided by the voters; current method of electing officials
dilutes vote; concerned with mayor veto power — courts to decide and need to
cure.
Councilmember Benavides, noted that there has been interest from members of
the community on the matter including a presentation to Comlink on how to place
Measures on the ballot; sense of urgency is the fact that we have three open seats
in November;
Acting Chair Tinajero, noted that council majority approved matter with a 4-3 vote;
Mayor did not sign the resolutions, concerned with blocking democratic process.
CLOSED SESSION REPORTABLE ACTION — City Attorney Carvalho, noted that
Charter stipulates that Mayor shall sign all resolutions and ordinances with no
exceptions provided; no veto power in the Charter; in the past the Mayor Pro Tem
has signed documents when the Mayor not available, however (in 2016) the
Torres vs Montebello case now cites that only legal remedy to obtain the Mayor's
signature is to seek a writ of mandate; Mayor or member of the public could have
sought a Declaratory Relief if believe to be illegal — courts do not look favorably
upon city clerks, city attorneys, city managers or mayors who take the law into
their hands and impede process. Reported that the City Council by unanimous
consent approved to seek relief from the court and obtain an order to compel
Mayor to execute the resolutions and also seek relief from County Registrar of
Voters to accept documents; outside counsel will be handling matter.
Councilmember Solorio, asked if open session action needed.
Clerk of the Council Huizar, indicated that Open Session item agendized in the
event that open session deliration required, but the City Council discussed and
provided staff direction and as reported out of Closed Session.
ADJOURNED - 3:25 P.M. The next meeting of the City Council is scheduled for Tuesday,
March 20, 2018 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.
ana D. Huizar, /
Clerk of the Council
SPECIAL CITY COUNCIL MINUTES 4 MARCH 12, 2018