HomeMy WebLinkAbout2012-04-16 RegularMINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
APRIL 16, 2012
CLOSED SESSION MEETING
CALLED TO ORDER POLICE COMMUNITY ROOM
60 CIVIC CENTER PLAZA
SANTA ANA, CA
5:15 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL PULIDO, Mayor (5:17 p.m.)
CLAUDIA ALVAREZ, Mayor Pro Tern
P. DAVID BENAVIDES
CARLOS BUSTAMANTE
MICHELE MARTINEZ
VINCENT F. SARMIENTO
SAL TINAJERO
COUNCILMEMBERS Absent:
None
STAFF Present:
PAUL M. WALTERS, Interim City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
PUBLIC COMMENTS - None
COUNCIL RECESSED to Police Chief's Conference Room, 4t" Floor, 60 Civic Center
Plaza for Closed Session discussion at 5:16 p.m.
CLOSED SESSION ITEMS
1A CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
pursuant to Government Code Section 54956.9(a)
Robert Braun v. City of Santa Ana; WCAB Case No. ADJ3804973 and
WCAB Case No. Unassigned;
Peebler et al v. City of Santa Ana; OCSC 385859;
CITY COUNCIL MINUTES 1 APRIL 16, 2012
Roberta Rodgers v. City of Santa Ana; United States District Court,
Central District Case No. SACV 12-132;
Brett Lozano v. City of Santa Ana; Orange County Superior Court Case
No. 30-2010-00398323.
Saddleback Inn LLC v. City of Santa Ana; OCSC 30-211-00497447
1 B PUBIC EMPLOYEE EMPLOYMENT AND APPOINTMENT 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 6:08 P.M. AND CONVENED TO
THE REGULAR OPEN MEETING
CITY COUNCIL MINUTES 2 APRIL 16, 2012
OPEN SESSION MEETING
CALLED TO ORDER
ATTENDANCE
PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT
POLICE COMMUNITY ROOM
60 CIVIC CENTER PLAZA
SANTA ANA, CA
6:10 P.M.
COUNCILMEMBERS Present:
MIGUEL PULIDO, Mayor (6:15 p.m.)
CLAUDIA ALVAREZ, Mayor Pro Tern
P. DAVID BENAVIDES (6:15 p.m.)
CARLOS BUSTAMANTE
MICHELE MARTINEZ
VINCENT F. SARMIENTO
SAL TINAJERO
COUNCILMEMBERS Absent:
None
STAFF Present:
PAUL M. WALTERS, Interim City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
Councilmember Martinez
See Agenda Item 19A for Report.
PUBLIC COMMENTS
• Paulien Lombard, spoke about Church of Scientology move from the city of Tustin to
Santa Ana; concerned with some of their practices.
• Irma Macias, thanked the City Council, Councilmembers Sarmiento and Benavides,
and Police Chief Walters for resolving issues in her neighborhood; requested
assistance for her neighborhood (Evelyn Rodriguez).
o Councilmember Sarmiento referred to Legal Aid Foundation who may be able to
help.
• Evelyn Rodriguez, recently purchased a property that has an existing easement with
another property - abuts her backyard; concerned with her safety because easement
being used as a parking lot to dispense illegal drugs and other unlawful activities;
requested assistance.
• Rosa Pizano, member of OCCOG, thanked Mayor Pro Tern Alvarez and
Councilmembers Benavides and Tinajero for support; requested support for
upcoming May Day event; and advocated for A131 081.
CITY COUNCIL MINUTES 3 APRIL 16, 2012
• Miguel Hernandez, community organizer; thanked the City Council for amending the
City's towing policy; seek support in approving a resolution in support of A131081.
• Jose Tinajero (spoke in Spanish) thanked the City Council for amending towing
policy; requested support of A131081.
• Hermelindo Saldana (spoke in Spanish) echoed comments in support of AB1081.
• Massimo Marini, representing Occupy Santa Ana, established Necessity Village due
to the lack of beds at shelter homes during cold weather; opined that homeless
persecuted for act of sleeping; County not addressing problem.
• Mohammed Aly, stated that homelessness is global issue; concerned with overall
poverty rates; shelter beds limited; suggested a moratorium on issuance of citations
for sleeping overnight; mid-range solution could be the use of CDBG funds to help
problem.
• Robert Watson, shared that he is homeless, disabled, legally blind, and receiving
small income that is not sufficient to live off.
• Devina Stein, participant of Necessity Village, suggested City amend camping
ordinance to allow sleeping from 6 p.m. to 6 a.m.
• George Olivo, of Necessity Village, noted that Veterans being cited for violating
camping ordinance; urged the City Council to amend ordinance.
• Greg Diamond, attorney, supports Necessity Village; disturbed that some people
have received up to 5 citations in a week; thanked the Police Department for not
citing participants of Necessity Village in the past 6 days.
• Hailey Holmes, graduate student at California State University, Fullerton (CSUF);
encouraged the City Council to support the Heart Program; criminalizing
homelessness is more expensive.
• Jacqueline Huerta, graduate student at CSUF, supports the Heart Program that
would assess the current number of homeless in the area; last study was in 2004
• Debbie Friedman, incoming President of Friends of the Santa Ana Zoo (FOSAZ),
introduced self and spoke about the great partnership with the City; concerned with
reports of City considering privatization of the Zoo; hope City would discuss with
Foundation on partnership opportunities before moving forward with consideration of
privatization.
• Armando Armenta, boardmember of FOSAZ, would like to partner with the City in
continuing fundraising opportunities such as Zoofari.
• Sharon Tepton, opined that current practice of dealing with homelessness violates
human rights; proposed that the City review the City of Laguna Beach's ordinance.
CONSENT CALENDAR ITEMS
MOTION: Approve Consent Calendar Items 10A through 25E with the
following modifications:
• Mayor Pulido pulled Agenda Item 11A for separate discussion;
• Mayor Pro Tern Alvarez requested a correction to the Minutes of April 2,
2012 - amend language on Item 25H to note that the City did not seek
proposals; and
CITY COUNCIL MINUTES 4 APRIL 16, 2012
• Councilmembers Martinez and Sarmiento abstained on Agenda Item 22B
due to a conflict of interest (campaign contribution).
MOTION: Bustamante SECOND: Benavides
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: 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 FROM THE REGULAR OPEN MEETING OF APRIL 2, 2012
MOTION: Approve Minutes.
*Mayor Pro Tern Alvarez requested a correction on Agenda Item 25H.
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 ORDINANCES - SECOND READING - APPROVE ZONING
ORDINANCE AMENDMENT NO. 2012-01, 200 EAST FIRST AMERICAN
WAY AND APPROVE AMENDMENT TO DEVELOPMENT
AGREEMENT NO. 2004-03 BETWEEN THE CITY OF SANTA ANA AND
VINEYARDS DEVELOPMENT CORPORATION AT THE MET, LLC -
Planning and Building Agency
Published in the Orange County Reporter on March 23, 2012.
Placed on first reading at the March 19, 2012 City Council meeting and
approved by a vote of 6-1 (Bustamante Voted No); Continued from the
April 2, 2012 by a vote of 5-1 (Bustamante, Voted No; Pulido, absent)
CITY COUNCIL MINUTES 5 APRIL 16, 2012
Councilmember Bustamante asked if any changes had been made to the
ordinance since the first reading. Jay Trevino, Executive Director of
Planning and Building noted that only change was to reflect amended
motion as approved by the City Council.
Mayor Pro Tern Alvarez motioned to approve ordinance; indicated that
developer has met with staff and neighborhood associations over the past
14 months; developer has committed a significant amount of money into
the project and that it would bring over 700 jobs to the City in the next 2
years; City Council requested an increase in open space size which was
agreed upon by the Developer.
MOTION: Place ordinances on second reading and adopt.
MOTION: Alvarez SECOND: Tinajero
Councilmember Bustamente noted for the record that the reason he would
not support project was because it was not consistent with Council's vision
for site. Offered a substitute motioned to continue matter for 30 days.
Mayor Pulido seconded for purposes of discussion.
SUBSTITUTE MOTION: Continue consideration of matter for 30
days.
MOTION: Bustamante SECOND: Pulido
Mayor Pro Tern Alvarez requested a clarification on Robert's Rules of
Order regarding member's ability to request a motion to continue who
originally opposed the motion. City Attorney Carvalho stated that the rule
applies when a motion to reconsider is being deliberated.
Mayor Pulido askd Planning and Building Director to address the housing
inclusionary component. Director Trevino noted that the development
agreement includes language on the fee, but a reduced amount of $3,000
per unit. New fee would be calculation based on rent prices. Council
could continue consideration to amend fee, if so desired.
Councilmember Sarmiento stated that larger remnant parcel would allow
for development of at least partial vision for the site; proposed
development is not City vision, but important to maximize area and
consider current economic conditions.
Developer Robert "Bob" Bisno okay with larger remnant lot; considered
lien to insure performance in processing the entitlements; does not want to
violate CEQA; and propose to develop the remnant .8 acres as soon as
the market allows.
CITY COUNCIL MINUTES 6 APRIL 16, 2012
Councilmember Bustamante concerned with possibility of Developer's
quick transfer/sale of pojects and requested assurance from developer.
Councilmember Sarmiento suggested that original motion be amended to
include condition of approval include a prohibition on assignment/transfer
of property for at least 2 years.
Developer noted that language in the development agreement already
includes alienation and conditional approval on lien; do not want to delay
entitlements.
Mayor Pulido requested a recess to consult with the City Attorney.
COUNCIL RECESSED AT 7:25 p.m. and RECONVENED with same members present
at 8:03 p.m
Mayor Pulido considered Agenda Items 55A and 75A before resuming consideration of
Agenda Item 11A.
Mayor requested that makers of previous motions be removed from the
table; makers agreed.
Mayor Pro Tern Alvarez requested an amendment to the motion related to
trust and expectation of the project; requested the following amendment to
the motion that is good faith effort by both the City and the Developer:
Direct the City Attorney and staff to draft language prohibiting sale
or transfer of the property within two years of the effective date of
the approvals (effective today) and include in that language, issues
such as financing and creation of related entities for purposes of
prohibiting transfers. Spoke with the applicant pertaining to the
language of creating related entities and understand that it would be
inclusive of all entities under their control.
Mayor Pulido seconded the motion. Mayor Pulido invited Developer to
comment on proposed amended motion, personal values, reputation, and
commitment to come back to the City Council with the entitlement for a
high-rise building within 180 days.
Developer agreed and noted that he was working with Ryan Ogulnick and
his wife Rachel on designing a high-rise building, completing the
application and submitting for staff review within the next 180 days.
Councilmember Sarmiento asked the City Attorney if condition to the
development agreement becomes legally binding.
City Attorney Carvalho stated that it was (binding); amended language in
the development agreement will include prohibition against a transfer by
developer. Developer has represented that they agree and if not then
CITY COUNCIL MINUTES 7 APRIL 16, 2012
matter would return to the City Council for consideration. However,
Developer has agreed to the language, thus binding once included in the
development agreement.
Developer Bisno said yes, for the record.
Councilmember Sarmiento thanked developer for representations.
Mayor Pro Tern Alvarez made a point of clarification; noted that trust and
representations by Developer were discussed earlier, don't require CEQA
review.
City Attorney Carvalho confirmed that proposed language is consistent
with what was read into the record and Developer has agreed, and if
Developer disagrees then it would invalidate approvals.
Mayor Pulido called for the question.
AMENDED MOTION:
1. Place ordinances on second reading and adopt; and
ORDINANCE NO. NS-2830 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC
DEVELOPMENT NO. 43 (SD-43) TO ALLOW THE CONSTRUCTION
OF A MULTIFAMILY RESIDENTIAL PROJECT WITH 278 UNITS AT
200 EAST FIRST AMERICAN WAY (ZOA NO. 2012-01)
ORDINANCE NO. NS-2831 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA APPROVING AN
AMENDED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
SANTA ANA AND VDC AT THE MET, LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY
2. Direct the City Attorney and staff to draft language (in the
development agreement) that prohibits the sale or transfer of the
property for two years of the effective date of the approval (April
16, 2012), and include in the language, issues such as financing
and creation of related entities for purposes of prohibiting
transfers.
MOTION: Alvarez SECOND: Pulido
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
CITY COUNCIL MINUTES 8 APRIL 16, 2012
ABSTAIN: None (0)
ABSENT: None (0)
BOARDS / COMMISSIONS / COMMITTEES
13A BOARDS AND COMMISSIONS BIANNUAL ATTENDANCE REPORT -
OCTOBER 2011 THROUGH MARCH 2012 - Clerk of the Council Office
MOTION: Receive and file.
MISCELLANEOUS ADMINISTRATION
19A CLOSED SESSION REPORT - City Attorney's Office
MOTION: Approve compromise and release settlement agreement.
Robert Braun v. City of Santa Ana; WCAB Case No. ADJ3804973 and
WCAB Case No. Unassigned; in the amount of $46,046.15
19B EXCUSED ABSENCES - None
19C QUARTERLY REPORT OF INVESTMENTS AS OF MARCH 31, 2012 -
Finance & Management Services
MOTION: Receive and file report.
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20A APPROPRIATION ADJUSTMENT FOR LED STREET LIGHTS - Public
Works Agency
MOTION: Approve an appropriation adjustment. (Requires five
affirmative votes)
APPROPRIATION ADJUSTMENT NO - 2012-155 - Recognizing
$157,378 in funding from Southern California Edison account and
appropriating the same amount to the Street Lighting Program account for
the installation of LED street lights.
CITY COUNCIL MINUTES 9 APRIL 16, 2012
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
MOTION: Award in accordance with Request for Council Action.
(Items 22A through 2213)
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
amount not to exceed $500,000. (Public Works Agency) - Finance &
Management Services
22B SPEC. NO. 12-025 - VEHICLE BODY REPAIR - Award contracts for a six-
month period for an aggregate amount not to exceed $75,000 to the
following vendors: (Finance & Management Services)
Vendor Location
Doffo Automotive Inc. Santa Ana
Kelly's Body Shop Santa Ana
Top Finish Collision Center Inc. Santa Ana
*Item 22B continued from the April 2, 2012 City Council meeting due to
insufficient votes to consider the item.
**Councilmembers Martinez and Sarmiento abstained due to a conflict
of interest (campaign contribution).
PROJECTS/CHANGE ORDERS
23A CONTRACT AWARD FOR HAZARD AVENUE REHABILITATION FROM
EUCLID TO HARBOR (PROJECT NO. 116749) AND ALTON -
GREENVILLE INTERSECTION IMPROVEMENTS (PROJECT NO.
116750) - Public Works Agency
MOTION:
1. Award a contract to All American Asphalt, Inc., the lowest
responsible bidder, in accordance with unit bid prices in the
estimated amount of $984,984 for construction of the Hazard
Avenue Rehabilitation from Euclid to Harbor Project and the Alton
- Greenville Intersection Improvements Project.
2. Approve a funding analysis with a total estimated construction
cost of $1,280,749.
AGREEMENTS
CITY COUNCIL MINUTES 10 APRIL 16, 2012
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 25E)
25A AGMT NO. 2012-078 - PROVIDE AND MAINTAIN LANDBASE DATA,
DIGITAL ORTHOPHOTOGRAPHY AND ACCESS TO MAP-VIEWING
APPLICATION - With Digital Map Products for a five-year agreement in an
annual amount not to exceed $70,500 - Public Works Agency
25B AGMT NO. 2012-079 - COMPUTER SOFTWARE MAINTENANCE - With
Environmental Systems Research Institute, Inc. (ESRI) in an amount not
to exceed $45,000 annually - Public Works Agency
25C AGMT NO. 2012-080 - DATA CENTER MAINTENANCE & SUPPORT
SERVICES - With Signature Technology Group, Inc. (STG), for a three-
year period with an option for two one-year renewals in an amount not to
exceed $75,000 per year (Police Department) - Finance & Management
Services
25D AGMT NO. 2012-081 - COMPREHENSIVE FINANCIAL AUDIT
SERVICES - With Macias Gini & O'Connell, LLP, for three years and the
option to renew annually for two succeeding years in an annual amount
not to exceed $208,000 - Finance & Management Services
25E AGMT NO. 2012-082 - AMENDMENT - MERCHANT PAYMENT
SERVICES - With TransFirst, LLC in an aggregate limit not to exceed
$165,000, during the extension of the agreement through September,
2012 - Finance & Management Services
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR ITEMS
RESOLUTIONS
55A RESOLUTION AND AUTHORIZATION TO SUBMIT BICYCLE
TRANSPORTATION ACCOUNT PROJECT APPLICATIONS - Public
Works Agency
CITY COUNCIL MINUTES 11 APRIL 16, 2012
Councilmember Martinez thanked staff for moving forward and efforts in
applying for grant funds.
MOTION: Adopt a resolution.
RESOLUTION NO. 2012-012 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AUTHORIZING THE SUBMISSION OF
PROJECTS FOR FUNDING UNDER THE BICYCLE TRANSPORTATION
ACCOUNT
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
PUBLIC HEARINGS
SECOND: Sarmiento
Benavides, Bustamante,
Sarmiento, Tinajero (6)
Martinez, Pulido,
None (0)
None (0)
Alvarez (1)
75A PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM FISCAL YEAR 2012-2013 - Community Development Agency
Legal Notice published in the Orange County Register on March 19, 2012.
Public hearing opened and closed on April 2, 2012;
Continued from the April, 2, 2012 City Council meeting by a vote of 6-0
(Pulido absent)
MOTION: Continue consideration of matter to the May 7, 2012 City
Council Meeting.
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
CITY COUNCIL MINUTES
SECOND: Benavides
Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
None (0)
None (0)
None (0)
12
APRIL 16, 2012
COMMENTS
90A CITY MANAGER'S COMMENTS - None
90B CITY COUNCILMEMBER COMMENTS
Councilmember Benavides:
• Invited all to the "Cinco de Mayo" celebration taking place on Saturday,
May 5th and 6th in Downtown Santa Ana.
Councilmember Martinez:
• Extended an invitation to the annual Health and Fitness Fair the at
Godinez Fundamental High School on May 19th;
• Indicated that the homeless issue is public safety matter; sensitive to
the issue; County problem that requires all cities to work together; and
• Spoke about her recent experience in having her bicycle stolen; bicycle
was registered, thus allowing the Police Department to track and
recover; encouraged all to register bicycles; need to set policy that
allows the Downtown to be pedestrian and bicycle friendly.
ADJOURNED- 8:20 p.m. The next meeting of the City Council is scheduled for
Monday, May 7, 2012 at 5:00 p.m. for the Closed Session Meeting
immediately followed by the Regular Open Business Meeting at
6:00 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa
Ana, CA.
Maria D. Huizar,
Clerk of the Council
CITY COUNCIL MINUTES 13 APRIL 16, 2012