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Home My WebLink About2012-08-06 RegularMINUTES 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 Tern (5:13 p.m.) P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ COUNCILMEMBERS Absent: VINCENT F. SARMIENTO SAL TINAJERO 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 CITY COUNCIL MINUTES 1 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) 1 B 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 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 STAFF Present: PAUL M. WALTERS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PLEDGE OF ALLEGIANCE MAYOR PULIDO INVOCATION JACK ABEELEN, POLICE CHAPLAIN PRESENTATIONS 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. CITY COUNCIL MINUTES 3 AUGUST 6, 2012 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 1St • 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. CITY COUNCIL MINUTES 4 AUGUST 6, 2012 • 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 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 CITY COUNCIL MINUTES 6 AUGUST 6, 2012 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. ¦ 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 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 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 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 CITY COUNCIL MINUTES 10 AUGUST 6, 2012 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 Tern 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 ADJOURNED- 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. Maria D. Huizar, Clerk of the Coun 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. CITY COUNCIL MINUTES 12 AUGUST 6, 2012