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HomeMy WebLinkAbout10C - MINUTES - 01-07-13MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JANUARY 7, 2013 CLOSED SESSION MEETING CALLED TO ORDER ATTENDANCE COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:14 P.M. COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor SAL TINAJERO, Mayor Pro Tern MICHELE MARTINEZ ROMAN A. REYNA VINCENT F. SARMIENTO COUNCILMEMBERS Absent: ANGELICA AMEZCUA P. DAVID BENAVIDES STAFF Present: PAUL M. WALTERS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS - David Hunt, representing Downtown, Inc. (DTI) spoke in support of continued discussions with City staff on concerns raised; opined that no legal ground not to do so; mission of DTI is to revitalize downtown, continue with clean and safe program, investment in marketing, and continue funding Community Management District area; City under contract to continue obligation. 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) CITY COUNCIL MINUTES 1 JANUARY 7, 2013 1 0C-1 Peebler vs. State of California Department of Finance, City of Santa Ana, et al., Case No. 34-2012-80001172-CU-WM-GDS 1 B CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION pursuant to Government Code Section 54956.9(b) Property and Business Improvement District ("PBID")/Community Management District (CMD), Downtown Inc. *Councilmember Martinez reported a conflict of interest and left the room during the discussion of said matter. 1C CONFERENCE WITH LEGAL COUNSEL-INITIATION OF LITIGATION pursuant to Government Code Section 54956.9(c) AT&T Franchise Audit 1 D CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Ed Raya Employee Organizations: Service Employees' International Union (SEIU) Full-Time Employees CLOSED SESSION REPORT - See Item 19A. for Report. ADJOURNED THE CLOSED SESSION MEETING AT 6:05 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 2 JANUARY 7, 2013 1 0C-2 REGULAR OPEN SESSION CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:09 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor SAL TINAJERO, Mayor Pro Tern MICHELE MARTINEZ ROMAN A. REYNA VINCENT F. SARMIENTO COUNCILMEMBERS Absent: ANGELICA AMEZCUA P. DAVID BENAVIDES 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 DOUG HARDIN, POLICE CHAPLAIN EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to: 20 YEARS OF SERVICE Donna Longobardi, Police Services Dispatcher, Police Department 25 YEARS OF SERVICE Rose Ann Trujillo, Senior Deputy Clerk of the Council, Clerk of the Council Office 30 YEARS OF SERVICE Naseer Qureshi, Forensic Specialist I, Police Department CERTIFICATE OF RECOGNITION presented by MAYOR PULIDO to Grand Central Art Forum for providing region-wide cultural attention to the Artists Village through its CITY COUNCIL MINUTES 3 1 0C-3 JANUARY 7, 2013 support of Cal State Fullerton's institutional arts presence and through outstanding critical media attention, astute guidance, management, and community support. CERTIFICATE OF RECOGNITION presented by MAYOR PULIDO to Back to Natives Restoration dedicated to the conservation of Orange County and California wild-lands through education and restoration programs, and for creating a "Native Plant Nursery" at Santiago Park. PUBLIC COMMENT • Dave Elliott, President of the Santa Ana Chamber of Commerce, thanked the City Council for accessibility and continued relationship with City Manager, Paul Walters. CLOSED SESSION REPORT - See report under Agenda Item 19A. PUBLIC COMMENT - Cont. • Venoncio Chavez, concerned with new company providing parking enforcement citation program that is citing vehicles with handicap signs; request City review process for issuing citations. • Judy Edge, congratulated City Council on election and re-election of officers; spoke in support of City Manager; request City review barking dog ordinance and City to set-aside funds to repave streets on a regular basis. • Vic Edge, concurred with comments made by Judy Edge. • Raul Luna, former Santa Ana Police Sergeant, spoke in support of City Manager and former Santa Ana Police Chief, opined that Walters turned around crime ridden City; City Council should re-evaluate options. • Jose Alfredo Hernandez, spoke in support of City Manager; City to focus budget and crime. • Greg Winterbottom, Vice Chair of the Orange County Transportation Authority, spoke in support of continuity in key leadership positions to ensure funds obtained and projects completed. • Bryan Starr, Orange County Business Council, spoke in support of retaining City Manager to stabilize community; leadership shift cause uncertainty; need continuity. • Stanley Fiala, spoke on Oath Keepers program and described pamphlet provided to the City Council on program. • Lucy Bateson, did not support initial appointment of City Manager, but has proven abilities. • Steve Jason Wildman, working on research for film on homelessness for past two years. • Robert Escalante, opined that City Council violated sunshine ordinance when noticed special meeting over holiday closure of City Hall to evaluate City Manager. • Joey Campbell, former Water Polo champion, spoke of strong work ethic and commitment learned during training that he appreciates in City Manager. • Herb Rose, echo sentiments spoken of earlier about City Manager. CITY COUNCIL MINUTES 4 JANUARY 7, 2013 1 0C-4 • Connie Hamilton, urged City Council to re-evaluate ordinance approved in 2006 regarding lot size reduction from 50% to 30%. • Tim Rush, agreed with comments made by Raul Luna on City Manager; no need to do National search to find less qualified candidate. • Jim Walker, spoke in support of City Manager. • Debbie McEwen, support City Manager; also, commented on recent four shootings in French Park Neighborhood Association; City to focus on other matters. • Alex Vega, support City Manager, solid record. • Francisco Barragan, questioned potential Brown Act Violation to disclose confidential matter on Closed Session regarding City Manager; City Council to consider National search and evaluate all candidates equally. • Fina Chaves, expressed support for City Manager who has been fair and qualified for position. • Bertha Munoz, presented Folklorico dance group as gratitude and support of City Manager. • Manuel Resendis, Comite Civico, presented Karate performance. Councilmember Martinez left the meeting at 7:31 p.m. and did not return. • Robin Cook, spoke on Agenda Item 80A. • Pete Mangosina, presented leis to City Council and City Manager. • Ralph Allen, support City Manager; Grand Jury report on PBID was correct and City's response inaccurate. • Cherie Kerr, expressed strong support for City Manager; proposed evaluation be placed for open discussion. • James Kendrick, requested City Council focus on City issues and not political affiliations. • Ernesto Medrano, Teamsters Local 952, disapprove of recent Special Meeting to evaluate City Manager. • Patrick Kelly, Teamsters Local 952, labor community support City Manager. • Betty Torres, representing Rumores newspaper and Comite Cultural de Mexico, support police department and Police Chief efforts to lower crime rates. • Evangeline Gawrowski, expressed firm support for City Manager, has personally known for many years - strong integrity. • Madeline Spencer, member of SACReD, observed and commented that transparency ordinance approved by same members requesting change in leadership. • Carl Banningerm, expressed support for City Manager. • Molly Doughty, lifelong Santa Ana resident, concerned with process taken to evaluate City Manager. CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 10A through 31A as recommended by staff. CITY COUNCIL MINUTES 5 JANUARY 7, 2013 1 0C-5 MOTION: Tinajero VOTE: AYES: NOES: ABSTAIN: ABSENT: MINUTES SECOND: Sarmiento Reyna, Pulido, Sarmiento, Tinajero (4) None (0) None (0) Amezcua, Benavides, Martinez (3) ADMINISTRATIVE MATTERS 10A MINUTES OF THE REGULAR MEETING HELD DECEMBER 17, 2012 - Clerk of the Council Office MOTION: Approve Minutes. MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT - City Attorney's Office MOTION: Approve settlement. AGMT NO. 2013-001 - Approve settlement agreement in the amount of $121,662.65 for the AT&T Franchise Audit matter. 19B EXCUSED ABSENCES - Clerk of the Council Office MOTION: Excuse the absence of Councilmembers Amezcua and Benavides from the January 7, 2013 City Council and Housing Authority Meetings. BUDGETARY MATTERS SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES MOTION: Award in accordance with Request for Council Action. (items 22A through 22D) CITY COUNCIL MINUTES 6 JANUARY 7, 2013 1 0C-6 22A SPEC. NO. 12-057 - POLICE UNIFORMS - Award a contract to Galls, LLC for a three-year period, with provision for two, one-year renewals in an annual amount not to exceed $215,000 (Police Department) - Finance & Management Services 22B SPEC. NO. 11-020 - WATERWORKS FITTINGS AND SUPPLIES - Renew the contracts for a one-year period in an aggregate amount of $225,000 with the following vendors: (Public Works Agency) - Finance & Management Services Vendor: Location: Ferguson Enterprises, Inc. Santa Ana H.D. Supply Waterworks Ltd. Santa Ana S & J Supply Company, Inc. Santa Fe Springs Wells Supply Co. Santa Ana 22C SPEC. NO. 12-077 - SUNDRY FOOD, AND PAPER GOODS - Award a contract to Smart & Final for sundry food and paper goods for a three-year period in an annual amount not to exceed $35,000 (Parks, Recreation & Community Services and Police Department)- Finance & Management Services 22D SPEC. NO 09-037 - HAND TOOLS AND MISCELLANEOUS ITEMS - Renew the contract with Grainger, Inc. for a one-year period in an annual amount not to exceed $60,000 - 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 25D) 25A AGMT NO. 2013-002 - AMENDMENT - VIDEO PRODUCTION SERVICES AND CABLE EQUIPMENT MAINTENANCE - With Video Engineering Services for one year in an annual amount not to exceed $56,915 - Parks, Recreation and Community Services Agency 25B AGMT NO. 2013-003 - AMENDMENT - UTILITY BILLING SOFTWARE MAINTENANCE - With Systems and Software, Inc. in an annual aggregate limit not to exceed $133,600 for two, one year renewals with an CITY COUNCIL MINUTES 7 JANUARY 7, 2013 1 0C-7 annual increase not to exceed 4% - Finance and Management Services Agency 25C AGMTS NO. 2013-004 AND 005 - AMENDMENTS - REHABILITATION OF WATER WELLS - With Orange County Pump Corporation and Bakersfield Well & Pump Company in an annual aggregate amount not to exceed $300,000 - Public Works Agency 25D AGMTS NO. 2013-006 AND 007 - ON-CALL ENVIRONMENTAL SERVICES - With Power Engineers, Inc., and Chambers Group, Inc. for the not-to-exceed amount of $200,000 for each firm - Public Works Agency LAND USE MATTERS DEEDS - TRANSFER OF PROPERTY 30A CAMBODIAN FAMILY PROPERTY LOAN REFINANCING - Community Development Agency MOTION: Direct Counsel to review and authorize the City Manager to sign an Assignment of Deed of Trust, a Subordination of Deed of Trust, and a Substitution of Beneficiary for action taken by Cambodian Family, a California non-profit organization, to refinance its building loan that was funded through the Federal Empowerment Zone grant. CONDITIONAL USE PERMITS 31A CONDITIONAL USE PERMIT NO. 2012-27 TO ALLOW A HUB FACILITY FOR TIME WARNER CABLE AT 1115 EAST SECOND STREET - BLU CROIX LTD., APPLICANT - Planning and Building Agency Recommended Action approved by the Planning Commission on December 10, 2012 by a vote of 5:0 (Nalle abstained). MOTION: Receive and file the staff report approving Conditional Use Permit No. 2012-27 as conditioned. **END OF CONSENT CALENDAR** CITY COUNCIL MINUTES 8 JANUARY 7, 2013 1 0C-8 BUSINESS CALENDAR ITEMS RESOLUTIONS 55A APPOINT A NEW REPRESENTATIVE AND AN ALTERNATE TO THE ORANGE COUNTY FIRE AUTHORITY (OCFA) BOARD - Clerk of the Council Office MOTION: Adopt a resolution. RESOLUTION NO. 2013-001 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, REPEALING RESOLUTION NO. 2012-010 AND DESIGNATING AND APPOINTING A NEW REPRESENTATIVE (TINAJERO) AND ALTERNATE (AMEZCUA) TO THE ORANGE COUNTY FIRE AUTHORITY BOARD OF DIRECTORS MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN: ABSENT: PUBLIC HEARINGS SECOND: Tinajero Reyna, Pulido, Sarmiento, Tinajero (4) None (0) None (0) Amezcua, Benavides, Martinez (3) 75A AUTHORIZING CONDEMNATION OF REAL PROPERTY FOR GRAND AVENUE WIDENING (PROJECT NO. 081732 NON-GENERAL FUND) - Public Works Agency Notice of Hearing letter regarding acquisition of real property by eminent domain mailed to property owners on December 19, 2012. MOTION: Continue consideration of matter to the January 22, 2013 City Council Meeting. RECESSED THE CITY COUNCIL MEETING AT 8:05 P.M. CONVENED A JOINT SESSION OF THE CITY COUNCIL AND THE HOUSING AUTHORITY CITY COUNCIL MINUTES 9 JANUARY 7, 2013 1 0C-9 80A JOINT ACTION BY THE CITY COUNCIL / HOUSING AUTHORITY - EXCLUSIVE NEGOTIATING AGREEMENT FOR REGIONAL TRANSPORTATION CENTER AND HOUSING AUTHORITY PROPERTIES; AND CONTRACT AMENDMENT WITH KEYSER MARSTON ASSOCIATES - Community Development Agency Continued from the November 19, 2012 City Council Meeting by a 4-3 vote (Alvarez, Bustamante and Pulido voted "No"). MOTION: 1. Authorize the City Manager and Clerk of the Council to execute the Exclusive Negotiating Agreement subject to non-substantive changes approved by the Executive Director, City Manager and respective attorneys. AGMT NO. 2013-008 - Between the City of Santa Ana, Housing Authority of the City of Santa Ana, and Santa Ana Station District, LLC for the Santa Ana Regional Transportation Center (SARTC) and related Authority property. 2. Authorize the City Manager and Clerk of the Council to execute agreement, subject to non-substantive changes approved by the City Manager and City Attorney. AGMT NO. 2013-009 - With Keyser Marston Associates, for economic consulting services for the SARTC project in an additional amount of $25,000, for a total contract amount of $50,000. MOTION: Sarmiento SECOND: Tinajero VOTE: AYES: Reyna, Pulido, Sarmiento, Tinajero (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Amezcua, Benavides, Martinez (3) CITY COUNCIL MEETING RECESSED TO THE HOUSING AUTHORITY AGENCY MEETING AT 8:06 P.M. AND RECONVENED AT 8:07 P.M WITH SAME MEMBERS PRESENT. CITY COUNCIL MINUTES 10 JANUARY 7, 2013 1 0C-10 COMMENTS 90A CITY MANAGER'S COMMENTS City Manager Walters commented on life and accomplishments of recently deceased retired Santa Ana Police Officer Benny Rodriguez. 90B CITY COUNCILMEMBER COMMENTS Councilmember Reyna • Hope all had nice Holiday break and revitalized to undertake challenges ahead; and • Urged all to shop in Santa Ana. Mayor Pulido • Adjourned in memory of Marsha Police Officer Benny Rodriguez. ADJOURNED- Maria D. Huizar, Clerk of the Council Sara Lopez and retired Santa Ana 8:12 P.M. - The next meeting of the City Council is scheduled for Tuesday, January 22, 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. Adjourn In Memory of Marsha Sara Lopez and Retired Santa Ana Police Officer Benny Rodriguez FUTURE AGENDA ITEMS • Street Car Project Update and Action items • Update Citywide Classification and Compensation Plan • Ordinance Addressing Homeless Shelters as per Requirements in SB 2 (Senate Bill) • Contracting Agreement for Specified Police Support Services CITY COUNCIL MINUTES 11 JANUARY 7, 2013 1 0C-11 1 0C-12