HomeMy WebLinkAbout10B - MINUTES - REGULAR 08-06-12MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
AUGUST 6, 2012
CLOSED SESSION MEETING
CALLED TO ORDER
ATTENDANCE
PUBLIC COMMENTS - None
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
5:12 P.M.
COUNCILMEMBERS Present:
MIGUEL PULIDO, Mayor
CLAUDIA C. ALVAREZ, Mayor Pro
P. DAVID BENAVIDES
CARLOS BUSTAMANTE
MICHELE MARTINEZ
COUNCILMEMBERS Absent:
VINCENT F. SARMIENTO
SAL TINAJERO
Tern (5:13 p.m.)
STAFF Present:
PAUL M. WALTERS, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:13 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)
¦ Associate Retired Members of the Santa Ana Fireman's Benevolent
Association et al vs. The Santa Ana Fireman's Benevolent Association
et al, OCSC Case no. 30-2012-00583915-CU-JR-CXC
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AUGUST 6, 2012
¦ Jeremiah Parra and Areli Castillo v. City of Santa Ana, et al., United
States District Court, SACV 11-00855 JVS(ANx)
¦ City of Santa Ana v. San Fiesta Limited Partnership, et al; OCSC Case
No. 30-2010-00431228 (Property Located at the South East Corner of
Bristol and 17th Street)
1B CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
pursuant to Government Code Section 54956.9(b)
• Interlnsurance Exchange of Automobile Club re: Rachel Camacho
Claim No. 2012-045
• Downtown Santa Ana Community Management District litigation
1C CONFERENCE WITH LEGAL COUNSEL-INITIATION OF LITIGATION
pursuant to Government Code Section 54956.9(c)
• Anticipated litigation against Saddleback Inn, LLC and The Elks
Building Association of Santa Ana regarding the property located at
1660 East First Street, Santa Ana.
• Time Warner Franchise Audit
*Councilmember Bustamante left the meeting at 5:53 p.m. and did not return
CLOSED SESSION REPORT - See Item 19A. for Report.
ADJOURNED THE CLOSED SESSION MEETING AT 5:53 P.M. AND CONVENED TO
THE REGULAR OPEN MEETING
CITY COUNCIL MINUTES 2 AUGUST 6, 2012
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REGULAR OPEN SESSION
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
6:04 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL PULIDO, Mayor
CLAUDIA C. ALVAREZ, Mayor Pro Tern
P. DAVID BENAVIDES
MICHELE MARTINEZ
COUNCILMEMBERS Absent:
CARLOS BUSTAMANTE
VINCENT F. SARMIENTO
SAL TINAJERO
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS
STAFF Present:
PAUL M. WALTERS, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
MAYOR PULIDO
JACK ABEELEN, POLICE CHAPLAIN
PROCLAMATION presented by MAYOR PULIDO to Bowers Museum for their
exceptional service programs and commitment to promote arts and culture in our
community.
CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER DAVID
BENAVIDES to the Sponsors - AT&T; AYSO Region #517-13; C&C Development Co.
Inc.; Casa De Santiago Neighborhood Association; Chase Development; Constitution &
Country; Fainbarg Family; Gay Neighbors, Family & Friends; Graffiti Protective
Coatings; Santa Ana Police Officers Association; TNT Fireworks; Vietnam War
Museum; Ware Disposal Inc., Waste Management and to the Santa Ana
Independence Day Celebration Committee for the Independence Day Celebration
held on July 1, 2012 at Centennial Park.
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CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER DAVID
BENAVIDES recognizing Santanero Zine founder Eric Cocoletzi for creating a
publication to highlight and promote the arts, talent, and culture in Santa Ana.
CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER MICHELE
MARTINEZ to community activist Don Cribb, a pioneer in envisioning Santa Ana as a
regional art center.
CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER MICHELE
MARTINEZ to Katrina Linden for receiving the Dennis John Heid Foundation
Scholarship awarded to one Santa Ana High School student each year.
CLOSED SESSION REPORT
City Attorney Carvalho reported on items on the Closed Session Agenda. See Agenda
Item 19A for report.
PUBLIC COMMENT
• Eric Cocoletzi, founder of Santanero Zine commented on recent incident at
neighborhood meeting.
• Frank Mitchell, III, urged the City Council to approve a one-year moratorium on code
enforcement; opined that some building regulations unfairly target home owners.
• Francisco Adame, homeowner, requested a pardon for building non-permitted
structure to his home.
• Andrea Adame, wife of Francisco Adame, apologized (for building without permit);
noted that daughter and her family live in add-on unit.
• Cynthia Briviesca, daughter of Mr. Adame, asked the City Council to allow her family
to keep built-on unit.
• John Raya, founder of TKO Santa Ana, provided update on Alexis Rocha who
recently won the Jr. Olympics Championship in Alabama and in July went to Russia
to compete and won silver medal; invited all to fundraiser to meet Luis Ramos at El
Zocalo Restaurant on August 12tH
• Rick Niedermayer, invited all to opening ceremony for soccer league; commented on
successful Fourth of July event on July 16t
• Dave Hoen, invited all to OC Pride Parade and Festivities on Saturday, August 11th
from 12 noon to 10 p.m.; thanked City staff for assistance; and Morrison Park will be
hosting concert on August 25th and invited all to attend.
• Madeline Spencer, representative for Occupy OC, spoke in support of sunshine
ordinance; need to comply with spirit and intent of the law.
• Alvaro Sosa, member of SACReD, spoke in support of need for sunshine ordinance.
• Meredith Porras, urged the City Council to approve sunshine ordinance to build trust;
spoke about Jerome Community Learning Garden that allows residents to make
better and more informed choices.
• Laura Garibay, noted that she was hoping the City Council would have had sunshine
ordinance on agenda for consideration.
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• America Bracho, representing Latino Health Access, spoke in support and need for
sunshine ordinance to increase participation in decision making process.
• Alicia Rojas, thanked the City Council for attending Santora Celebration;
congratulated Santaneros and Don Cribb for support of the arts, and also spoke in
support of sunshine ordinance.
• Sam Romero, invited all to view mural that honors all GI's at Logan Neighborhood;
commented on Park Santiago Neighborhood Meeting attended by Eric Cocoletzi;
urged the City Council to disestablish PBID.
• Jeff Dickman, spoke on recent decision by the City Council to place Charter
Amendment on mayoral term limits; and spoke in support of sunshine ordinance.
• Irma Macias, invited all to attend the National Night Out; thanked staff for supporting
the Valley High School Automotive Academy, and requested fundraising assistance
to send the father of 2012 Olympic Athlete Jesse Ruiz to London.
• Rolando Ruiz, father of Jesse Ruiz, thanked all for support.
• Louie Olivos, recently attended Wilshire Square concert; on June 1St attended
Hollywood premiere as part of the independent film festival Dances With Films for
"Delusions of Grandeur" movie; will be attending the Tribeca Film Festival;
commented on the death and achievements of actress Lupe Ontiveros.
• Salim Assid Arreola, thanked Rocco's Truck Van and Four Wheel for service;
requested crosswalk and street light at Cesar Chavez Park.
CONSENT CALENDAR ITEMS
MOTION: Approve Consent Calendar Items 10A through 25E with the
following modifications:
Excuse the absence of Councilmembers Sarmiento and Tinajero from the City
Council and Housing Authority Meetings; and
Councilmember Martinez pulled Agenda Items 11A, 19E and 25A for separate
discussion.
MOTION: Benavides SECOND: Alvarez
VOTE: AYES: Alvarez, Benavides, Martinez, Pulido (4)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Sarmiento, Tinajero, Bustamante (3)
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.
CITY COUNCIL MINUTES 5 AUGUST 6, 2012
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ADMINISTRATIVE MATTERS
MINUTES
10A MINUTES FROM THE REGULAR MEETING OF JULY 16, 2012 - 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 ORDINANCE TEMPORARILY DEFERRING COLLECTION OF
DEVELOPMENT IMPACT FEES - Planning and Building Agency
Placed on first reading at the July 16, 2012 City Council meeting and
approved by a vote of 6-0 (Bustamante absent)
Published in the Orange County Reporter on July 20, 2012.
Councilmember Martinez noted for the record that the BIA has submitted a
letter of support.
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NO. NS-2836 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA TO TEMPORARILY SUPERSEDE
CERTAIN PROVISIONS OF THE SANTA ANA MUNICIPAL CODE AND
TO PERMIT DEVELOPERS TO DEFER PAYMENT OF CERTAIN
DEVELOPMENT IMPACT FEES
MOTION: Benavides SECOND: Alvarez
VOTE: AYES: Alvarez, Benavides, Martinez, Pulido (4)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Sarmiento, Tinajero, Bustamante (3)
BOARDS / COMMISSIONS / COMMITTEES
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AUGUST 6, 2012
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13A COUNCIL COMMITTEE REPORTS - Police Department
MOTION: Receive and file the Public Safety Committee Minutes of
January 24, 2012 and April 24, 2012.
MISCELLANEOUS ADMINISTRATION
19A
19B
19C
19D
CLOSED SESSION REPORT - City Attorney's Office
MOTION: Approved the following items in Closed Session by a 5-0
vote (Sarmiento and Tinajero):
¦ Settlement agreement in the amount of $320,000 in the matter of City
of Santa Ana v. San Fiesta Limited Partnership, et al: OCSC Case No.
30-2010-00431228 (Property Located at the South East Corner of
Bristol and 17th Street).
¦ Settlement agreement in the amount of $5,895.29 in the matter of
Interlnsurance Exchange of Automobile Club re: Rachel Camacho
Claim No. 2012-045.
1
¦ Settlement in which the City will receive $450,000 in the matter of Time
Warner Franchise Audit.
¦ Authorized the City Attorney's Office to work on a receivership injuction
involving the Saddleback Inn Property.
EXCUSED ABSENCES
MOTION: Excuse the Absence of Councilmembers Sarmiento and
Tinajero from the August 6, 2012 City Council meeting.
DESTRUCTION OF OBSOLETE CITY RECORDS - City Manager's Office
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 2006-045.
QUARTERLY REPORT OF INVESTMENTS AS OF JUNE 30, 2012 -
Finance & Management Services
MOTION: Receive and file.
CITY COUNCIL MINUTES 7 AUGUST 6, 2012
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19E DOWNTOWN SANTA ANA COMMUNITY MANAGEMENT DISTRICT
ANNUAL REPORT - Community Development Agency
At the July 16, 2012 City Council meeting item did not have a quorum for
matter to be considered.
Item tabled until eligible quorum available to consider the matter.
BUDGETARY MATTERS
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
MOTION: Award in accordance with Request for Council Action.
(Items 22A through 22C)
22A SPEC. NO. 12-049 - BLOOD AND BREATH TECHNICIAN SERVICES -
Award a contract to California Forensic Phlebotomy, Inc., for a two-year
period, with provision for three, one-year renewals in an annual amount
not to exceed $100,000 (Police Department) - Finance & Management
Services
22B SPEC. NO. 11-012 - MAINTENANCE AND SERVICE OF CHILLERS,
COMPRESSORS AND HEATING, VENTILATION AND AIR-
CONDITIONERS (HVAC) - Renew the contracts for a one-year period in
an annual aggregate amount not to exceed $130,000 with the vendors
listed below - Finance & Management Services
Vendor Location
ACCO Engineered Systems Costa Mesa
Johnson Controls Whittier
22C SPEC. NO. 12-047 - TRAFFIC LINE PAINTING AND TRAFFIC SIGN
MAINTENANCE - Award a contract to Orange County Striping Service,
Inc. for a one-year period with provision for three one-year renewals in an
annual amount not to exceed $425,275 (Public Works Agency) - Finance
& Management Services
AGREEMENTS
25A FEDERAL GOVERNMENT LIAISON SERVICES - CITY MANAGER'S
OFFICE,
CITY COUNCIL MINUTES 8 AUGUST 6, 2012
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Continued from the July 2, 2012 City Council meeting by a vote of 6-0
(Bustamante absent).
SUBSTITUTE MOTION: Authorize the City Manager and Clerk of the
Council to execute an agreement with The Ferguson Group for an
annual amount not to exceed $75,000, subject to non-substantive
changes approved by the City Manager and City Attorney.
MOTION: Alvarez SECOND: Pulido
Motion failed.
ORIGINAL MOTION: Continue consideration of matter for 2 weeks to
the August 20, 2012 City Council Meeting.
MOTION: Martinez SECOND: Benavides
Motion failed.
Agenda Item to be agendized at the next regular meeting of August 20,
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 25B
through 25E)
25B AGMT NO. 2012-169 - AMENDMENT - REWIRE STREET LIGHT
SYSTEM ON BROADWAY AND SYCAMORE STREET - With Macadee
Electrical Construction, Inc. in an amount of $50,000 - Public Works
Agency
25C AGMT NO. 2012-170 - EMPLOYEE GROUP INSURANCE RENEWALS
FOR LONG TERM DISABILITY, MEDICAL, DENTAL, VISION,
EMPLOYEE ASSISTANCE, EMPLOYEE GROUP LIFE AND
ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE -
Personnel Services Agency
25D AGMT NO. 2012-171 - COMMERCIAL REAL ESTATE LEASING
SERVICES AT THE SANTA ANA REGIONAL TRANSPORTATION
CENTER - With CIBA Real Estate for a commission-based compensation
in a total amount not to exceed $60,000 with an additional 15%
contingency - Public Works Agency
CITY COUNCIL MINUTES 9 AUGUST 6, 2012
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25E AGMT NO. 2012-172 - PARKING MANAGEMENT PLAN CONSULTING
SERVICES FOR THE SANTA ANA REGIONAL TRANSPORTATION
CENTER (SARTC) - With the IBI Group in an amount not to exceed
$$58,010 - Public Works Agency
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR ITEMS
RECESSED THE CITY COUNCIL MEETING AT 7:45 P.M.
CONVENED A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE
HOUSING AUTHORITY
80A JOINT PUBLIC HEARING - MORTGAGE REVENUE BOND
INDUCEMENT AND TEFRA ON ISSUANCE OF TAX-EXEMPT BONDS
WITH WASHINGTON PLACE MANAGEMENT, LLC - Community
Development Agency
Legal Notice published in the Orange County Register on July 23, and
July 30, 2012.
Chair Pulido opened the Public Hearing. There were no speakers and the
Hearing closed.
MOTION:
1. Hold a TEFRA (Tax Equity and Financial Responsibility Act)
Hearing in consideration of the issuance of multi-family housing
revenue bonds by the Housing Authority of the City of Santa Ana
for the purpose of financing the acquisition and rehabilitation of
1401 N. Flower Street by Washington Place Management, LLC.
2. Adopt a resolution.
RESOLUTION NO. 2012-037 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA APPROVING THE
ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS BY THE
HOUSING AUTHORITY OF THE CITY OF SANTA ANA FOR THE
PURPOSE OF FINANCING THE ACQUISITION AND
REHABILITATION OF MULTIFAMILY RENTAL HOUSING
MOTION: Alvarez SECOND: Benavides
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VOTE: AYES: Alvarez, Benavides, Martinez, Pulido (4)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Sarmiento, Tinajero, Bustamante (3)
RECONVENED TO THE CITY COUNCIL MEETING AT 7:46 P.M. WITH SAME
MEMBERS PRESENT
COUNCIL AGENDA ITEMS
Pursuant to Santa Ana Charter Section 411, any member of the City Council may
place items on the City Council Agenda to be considered by the City Council.
85A OBSOLETE RECORDS (Mayor Pro Tem Alvarez)
Mayor Pro Tern Alvarez requested a report on the City's records retention
and destruction policy.
CITY COUNCIL MEETING RECESSED TO THE HOUSING AUTHORITY MEETING
AT 7:47 P.M. AND RECONVENED AT 7:49 P.M. WITH SAME MEMBERS PRESENT
Mayor Pulido and Councilmember Martinez declared conflicts of interest on Agenda
Item 85B and recused themselves. They left the dais.
Mayor Pro Tern Alvarez assumed the Chair, with Councilmember Benavides remaining.
A quorum of the Santa Ana City Council was not present.
CITY COUNCIL MINUTES 11 AUGUST 6, 2012
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ADJOURNED-
Maria D. Huizar,
Clerk of the Council
7:48 P.M. - the Regular Meeting of August 6, 2012 was adjourned
due to lack of quorum.
The next meeting of the City Council is scheduled for Monday,
August 20, 2012 at 5:00 p.m. for the Closed Session Meeting
immediately followed by the Regular Open Business Meeting at
5:45 p.m. at the Heritage Museum of Orange County, 3101 W.
Harvard St., Santa Ana, California.
85B ADDRESS PROPERTY AND BUSINESS IMPROVEMENT DISTRICT
("PBID") ISSUES AND CONCERNS INCLUDING BUT NOT LIMITED TO
PROCESS FOR DISESTABLISHMENT, AMENDING RESOLUTION TO
ADD PROCESS FOR DISESTABLISHMENT BY PROPERTY OWNERS,
HOLDING ADVISORY ELECTION, AND SETTING PUBLIC HEARING
FOR DISESTABLISHMENT (Mayor Pro Tern Alvarez)
Continued from the August 24, September 19, October 3, October 17,
2011, November 7, 2011, and July 2, 2012 City Council meetings.
At the July 2, 2012 City Council meeting item did not have a quorum for
matter to be considered.
At the request of Mayor Pro Tern Alvarez, public comments on Item 85B
proceeded with the following members and staff present: Mayor Pro Tern
Alvarez, Councilmember Benavides, City Manager Walters, City Attorney
Carvalho, and Clerk of the Council Huizar
Discussion on Item 85A concluded at 8:01 p.m.
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