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Home My WebLink About10A - MINUTES - 01-22-2013MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JANUARY 22, 2013 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:07 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor SAL TINAJERO, Mayor Pro Tern ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA VINCENT F. SARMIENTO COUNCILMEMBERS Absent: None STAFF Present: PAUL M. WALTERS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS - • Dennis Dascanio, supports resolve to the Community Management District (CMD) / Public Business Improvement District (PBID) matter. • Alfredo Amezcua, spoke in support of national recruitment for City Manager that works for entire City Council. • America Bracho, concerned with irregular decisions by City Council on City Manager position; need new leadership in this position, support national search; also, concerned that person overseeing the Police Department is City Manager with no checks and balances; culture needed to have transparency. • Eric Altman, opined that recently adopted Sunshine Ordinance is most comprehensive in State, City to continue in that path and do national search to validate best candidate. • Stanley Fiala, thanked the City Council for courage to consider management changes - new leadership brings new ideas; noted that the City has already had two shootings since the beginning of the year. CITY COUNCIL MINUTES 1 JANUARY 22, 2013 1 0A-1 • Madeline Spencer, commented that duties of Police Chief and City Manager significant and should not be performed by same person. • Tixoc Ventura, spoke about prejudices in the City; believe in transparency and community participation to achieve real change; do not take away from those less fortunate. • Juan Carlos Macedo, commented on need to empower residents; community in need of services currently not available. • Gabriela Gonzalez, concerned that no checks and balances or accountability in place for City Manager and in his role overseeing the Police Department. • Apolonio Cortes, questioned why sunshine ordinance not applied when City Manager appointed; too much responsibility to oversee City Manager and Police Chief role. • Laura Garibay, thanked City Council for approving sunshine ordinance; approval sent message that transparency and accountability important; City Manager position separate and apart from Police Chief; resident participation needed. • John Raya, welcomed two new councilmembers; opined that City Council should focus on other issues throughout the City and not City Manager position. • Rob Cook, noted that City Council accountable to voters, decision to dismiss City Manager is there responsibility. • Rosalia Pinon, representative of Latino Health Access, urged City Council to make decision for the betterment of residents and community; City Manager separate and apart from Police Chief; supports national search. • George Garcia, supports City Manager and believes he is best person for position. • Lorenzo Gonzalez, person holding two highly responsible positions not able to give 100% and lack of transparency. • Jed Poole, spoke in support of City Manager, but does not believe he should be holding two positions; urged City Council to do the right thing. • Albert Castillo, opined that previous City Council meeting brought inappropriate behavior by some leaders; conduct of City Manager unbecoming of professional ICMA Manager due to robo-calls, political support of former Councilmember and unethical behahior; thanked the City Council majority for doing the right thing. • David Gromm, spoke in support of Downtown Inc. and their effort to improve downtown Santa Ana. • Sergio Hernandez, sunshine ordinance has triggered change and transparency at all levels; want dedicated person in City Manager and Police Chief positions that are accountable. • Maria Velazquez, need change in City; crime on the rise, some improvements being made, but need more. • Rebeca Pacheco, representing Kidworks, requested assistance in bettering community. • Manuel Pena, support moving City forward and not focus on City Manager position; make decisions that benefit City. • Patricia Wenskunas, spoke in support of City Manager; residents would like explanation on need for change. • Paul Musco, indicated that business community supports City Manager. • Robert Escalante, expressed support for City Manager and indicated that he has done great job in both positions. CITY COUNCIL MINUTES 2 JANUARY 22, 2013 1 0A-2 • Sharon Barlow, support City Manager; City safer since he became Police Chief. • Cheri Kerr, read names of individuals in the television news industry that she would contact to look into City Council's misgudgements. • Alex Vega, support City Manager, recall of some elected officials a possibility if they dismiss City Manager; other candidates not as qualified. • Debbie McEwen, urged City Council to focus on other City issues; City Manager has institutional knowledge not found in outside candidates. • Thomas Gordon, support City Manager, allow him to leave graciously and not forced out. • Tish Leon, support national search for City Manager, City deserves best qualified candidate. • Miguel Mondragon, concerned with e-mail sent by City Manager that challenged City Council; urged the city council to do the right thing. • Francisco Barragan, representing Los Amigos de Orange County, spoke of perceived unethical behavior, lack of good judgment, and disrespect by City Manager and Mayor; called for official investigation of actions. • Paul Hayes, clarified that City Manager does not have two positions; City has Acting Police Chief Carlos Rojas overseeing the Police Department. • Erika Gonzalez, concerned that terminating contract with City Manager would cost a lot of money; City Council to make best decision for entire City. • George Collins, congratulated Mayor on re-election; transparency needed; residents deserve answers to status of redevelopment funds; need stability to manage and then do national search for City Manager. • Chuck Flynn, spoke in support of City Manager. • Tim Rush, proposed national search in 18-36 months, desire to have orderly transition of power. • Joesay Hernandez, support closure to Community Management District matter; concerned with e-mail by City Manager denoted as "Sanctuary City"; approved balanced budget, but in reality only deferred problem, not solved. • Ricki Older, requested explanation for need to remove City Manager; questioned whether it was performance based; support City Manager. COUNCIL RECESSED to Room 147 for Closed Session discussion at 7:04 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) • Carol Bowers v. City of Santa Ana; Workers' Compensation Appeals; Board case number ADJ 1092318 CITY COUNCIL MINUTES 3 JANUARY 22, 2013 1 0A-3 • Llanes v. City of Santa Ana Orange County Superior Court Case; No. 30- 1012-00564072 • Jose Rumbo v. Officer J. Correal, et al.; United States District Court; Case No. SACV12-0806AG(MLGx). • City of Santa Ana v. San Fiesta Limited Partnership; (Smile Brands) Orange County Case No. 30-2010-00431228 • City of Santa Ana v. Teh Pong Wang; Orange County Superior Court Case No. 30-2011-00525651 • Santa Ana California Lodge, LLC v. City of Santa Ana; Orange County Superior Court Case No. 30-2012-00556147 • 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. • Two Matters 1 C PUBLIC EMPLOYEE EVALUATION OF PERFORMANCE AND/OR POTENTIAL DISMISSAL/RELEASE pursuant to Government Code Section 54957(b)(1) Title: City Manager 1 D PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957 Title: City Attorney 1 E CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Ed Raya CITY COUNCIL MINUTES 4 JANUARY 22, 2013 1 0A-4 Employee Organizations: Service Employees' International Union (SEIU) Full-Time Employees CLOSED SESSION REPORT - See Item 19A. for Report. ADJOURNED THE CLOSED SESSION MEETING AT 10:06 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES JANUARY 22, 2013 1 0A-5 REGULAR OPEN SESSION CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 10:06 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor SAL TINAJERO, Mayor Pro Tern ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA VINCENT F. SARMIENTO COUNCILMEMBERS Absent: None STAFF Present: PAUL M. WALTERS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PLEDGE OF ALLEGIANCE MAYOR PULIDO CLOSED SESSION REPORT - See report under Agenda Item 19A. PUBLIC COMMENT • Dave Hoen, thanked the City Council for vision to establish the PBID; efforts have allowed Downtown Santa Ana to become a destination. • Sam Romero, spoke in support of Agenda Item 50A. • Fina Chaves, welcomed newly elected City Council; support agenda Item 50A. CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 10A through 25D with the following modifications: • Councilmember Reyna pulled Agenda Item 23A for separate discussion; • Councilmember Amezcua pulled Agenda Item 25B for separate discussion; and • Councilmember Martinez pulled Agenda Item 20E for separate discussion. CITY COUNCIL MINUTES 6 JANUARY 22, 2013 1 0A-6 MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN: ABSENT: MINUTES SECOND: Benavides Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) None (0) None (0) ADMINISTRATIVE MATTERS 10A MINUTES FROM THE SPECIAL MEETING OF DECEMBER 21, 2012 - Clerk of the Council Office MOTION: Approve Minutes. 10B MINUTES FROM THE SPECIAL CLOSED MEETING OF DECEMBER 27, 2012 - Clerk of the Council Office MOTION: Approve Minutes. 10C MINUTES FROM THE REGULAR MEETING OF JANUARY 7, 2013 - Clerk of the Council Office MOTION: Approve Minutes. BOARDS / COMMISSIONS / COMMITTEES 13B NOMINATED BY COUNCILMEMBER SARMIENTO AS THE WARD 1 REPRESENTATIVES TO VARIOUS BOARDS AND COMMISSION FOR A FULL TERM EXPIRING DECEMBER 13, 2016 - Clerk of the Council MOTION: Reappoint. Name Board/Commission 1. Laurence Hitterdale Historic Resources Commission 2. Salvador Nicholas Tinajero, Jr. Youth Commission -Associate 3. Maria Isabel Rivera Personnel Board 4. Elizabeth S. Castelan Youth Commission - Regular CITY COUNCIL MINUTES 7 JANUARY 22, 2013 1 0A-7 MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT - City Attorney's Office MOTION: Approve as follow: CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) • Carol Bowers v. City of Santa Ana; Workers' Compensation Appeals; Board case number ADJ 1092318; settlement in the amount of $15,000. • Llanes v. City of Santa Ana Orange County Superior Court Case; No. 30-1012-00564072; settlement in the amount of $30,000. • Jose Rumbo v. Officer J. Correal, et al.; United States District Court; Case No. SACV12-0806AG(MLGx); settlement in the amount of $40,000. • Property acqusition cases for for the Grand Avenue Widening Project in the amount of $432,000.00, and another property for monetary settlement in the amount of $566,000. • Santa Ana California Lodge, LLC v. City of Santa Ana; Orange County Superior Court Case No. 30-2012-00556147, rejected the demand. • Peebler vs. State of California Department of Finance, City of Santa Ana, et al., Case No. 34-2012-80001172-CU-WM-GDS; provided update only. 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.; by a vote of 6-0 vote reached settlement agreement, summary of terms available to the public (Martinez abstained). PUBLIC EMPLOYEE EVALUATION OF PERFORMANCE AND/OR POTENTIAL DISMISSAL/RELEASE pursuant to Government Code Section 54957(b)(1) - Title: City Manager; by a vote of 6-1 (Pulido dissented) City Council has given staff direction to work on release of the City Manager from his contract. Special Meeting scheduled for Thursday, January 24, 2013 at 5 p.m. to address additional personnel matters. 19B EXCUSED ABSENCES - None CITY COUNCIL MINUTES 8 JANUARY 22, 2013 1 0A-8 19C QUARTERLY REPORT OF CONTRACTS ENTERED INTO BY THE CITY MANAGER - Finance & Management Services MOTION: Receive and file the Quarterly Report of Contracts entered into between July 1, 2012 to September 30, 2012 valued at $25,000 and less. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A AGREEMENT AND APPROPRIATION ADJUSTMENT ACCEPTING REIMBURSEMENT FROM COUNTY OF ORANGE FOR POST RELEASE COMMUNITY SUPERVISION - Police Department MOTION: 1. AGMT NO. 2013-010 - Authorize the Chief of Police to sign the Memorandum of Understanding between the City of Santa Ana and the County of Orange for Public Safety Realignment and Post release Community Supervision cost reimbursement. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2013-76 for reimbursement costs from the County of Orange in the amount of $408,974.66 into the revenue account and appropriate same into the expenditure account. 20B AGREEMENTS AND APPROPRIATION ADJUSTMENT FOR CARNIVALS AT CITY OWNED PARKS - Parks, Recreation & Community Services Agency MOTION: 1. Authorize the City Manager and Clerk of the Council to execute agreements subject to non-substantive changes approved by the City Manager and City Attorney: • AGMT NO. 2013-011 - AMENDMENT - With Fiesta de Carnival in an amount of $22,500 for a one-year term, • AGMT NO. 2013-012 - AMENDMENT - With "O" Entertainment in an amount of $15,250 for a one-year term, • AGMT NO. 2013-013 - AMENDMENT - With Robert Acosta & Associates in an amount of $4,500 for a one-year term. CITY COUNCIL MINUTES 9 JANUARY 22, 2013 1 0A-9 2. Approve an appropriation adjustment. (Requires five affirmative votes) 20C 20D APPROPRIATION ADJUSTMENT NO. 2013-77 - recognizing projected carnival revenue in the amount of $42,250 in the Recreation Special Fees and Donations revenue account and appropriate funds to the Recreation Special Fees and Donations expenditure account. AGREEMENT AND APPROPRIATION ADJUSTMENT FOR UPDATING THE STORM DRAIN MASTER PLAN - Public Works Agency MOTION: 1. AGMT NO. 2013-014 - Authorize the City Manager and the Clerk of the City Council to execute an agreement with RBF Consulting in an amount not to exceed $384,900, subject to non-substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2013-82 recognizing $71,325 in current year funds received from fees collected and interest earned in the Local Drainage Area Fund revenue accounts and appropriating same into the respective Local Drainage Area Fund expenditure accounts. AGREEMENTS AND APPROPRIATION ADJUSTMENT FOR LED STREET LIGHTS (NO-COST FUNDING) - Public Works Agency 1. 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: • AGMT NO. 2013-015 - With Sierra Pacific Electrical Contracting to provide and install 1,123 LED street lights for an amount not to exceed $700,000 • AGMT NO. 2013-016 - Southern California Edison to provide no-cost funding through On-Bill Financing for the LED street lights 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2013-075 - recognizing $693,027 in funding from Southern California Edison into the Energy Conservation revenue account and appropriating the same amount to CITY COUNCIL MINUTES 10 JANUARY 22, 2013 1 0A-10 the Energy Conservation expenditure account for the installation of LED street lights. 20E CONTRACT AWARD TO ALL AMERICAN ASPHALT FOR BRISTOL STREET WIDENING FROM 2ND TO 10TH STREETS AND WATER AND SEWER MAIN IMPROVEMENTS FROM 3RD TO 10TH STREETS (PROJECT NOS. 081700, 126421 & 126422 ) AND APPROPRIATION ADJUSTMENT - Public Works Agency MOTION: 1. Award a construction contract to the lowest bidder, All American Asphalt, Inc., for the Bristol Street widening from 2nd to 10th Streets, and for the water and sewer system improvements from 3rd to 10th Streets, in accordance with their bid in the amount of $6,169,256. 2. Approve the Cost Analysis, as shown in Exhibit 1, for a total estimated project delivery cost of $7,711,582. 3. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2013-081 - Accepting Orange County Transportation Authority Comprehensive Transportation Funding Programs Measure M2 Arterial Capacity Enhancements allocation in the amount of $3,120,000 into the Measure M Street Construction revenue account and appropriating the same to the Measure M2 Street Construction expenditure account. Also, accepting Orange County Transportation Authority Prop 1 B Bond funding in the amount of $3,120,000 into the Prop 1B Bond revenue account and appropriating the same to the Prop 1B Bond expenditure account, for the Bristol Street Widening Project (No. 08-1700). MOTION: Martinez SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 11 JANUARY 22, 2013 1 0A-11 SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES MOTION: Award in accordance with Request for Council Action. (Items 22A and 22B) 22A SPEC. NO. 12-076 - WASH AND FILL SAND - Award a contract to West Coast Sand and Gravel, Inc. for a one-year period, with provisions for four one-year renewals, in an annual amount not to exceed $50,000 (Public Works Agency) - Finance & Management Services 22B SPEC NO. 09-001 & 09-035 - COLD WATER METERS - Renew the contract with Badger Meter, Inc. for a one-year period in an amount not to exceed $300,000 (Public Works Agency) - Finance & Management Services PROJECTS/CHANGE ORDERS 23A CONTRACT AWARD TO SIEMENS INDUSTRY, INC., FOR TRAFFIC SIGNAL INSTALLATION AT FAIRVIEW STREET & EDNA DRIVE, AND TRAFFIC SIGNAL MODIFICATIONS AT MCFADDEN AVENUE & EUCLID STREET (PROJECT NOS. 126758 AND 126759) - Public Works Agency MOTION: Continue consideration of matter for two weeks, February 4, 2013 City Council Meeting. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: AGREEMENTS SECOND: Amezcua Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) None (0) None (0) 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, 25C and 25D) CITY COUNCIL MINUTES 12 JANUARY 22, 2013 1 0A-12 25A AGMT NO. 2013-017 - PLANNING AND ENVIRONMENTAL SERVICES FOR THE GENERAL PLAN HOUSING ELEMENT UPDATE - With The Planning Center/DC & E in an amount not to exceed $141,330 - Planning and Building Agency and Community Development Agency 25B AGMT NO. 2013-018 - ANNUAL MAINTENANCE AND ON-CALL SERVICES FOR THE CITY'S TRAFFIC SIGNAL SYSTEM - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Telvent USA, LLC, in an amount of $70,000 annually with the option to extend for two one-year contracts, subject to non-substantive changes approved by the City Manager and City Attorney. MOTION: Amezcua SECOND: Martinez VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 25C AGMT NO. 2013-019 - PURCHASE EASEMENT FOR CITY-OWNED SANITARY SEWER FACILITIES WITHIN ORANGE COUNTY FLOOD CONTROL DISTRICT RIGHT-OF-WAY - With the Orange County Flood Control District - Public Works Agency 25D IMPLEMENTATION OF REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROJECTS (136789 AND 136790) - Public Works Agency • AGMT NO. 2013-020 - COOPERATIVE NO. C-2-1992 - With the Orange County Transportation Authority • AGMT NO. 2013-021 - COOPERATIVE NO. C-2-2030 - With the Orange County Transportation Authority **END OF CONSENT CALENDAR** CITY COUNCIL MINUTES 13 JANUARY 22, 2013 1 0A-13 BUSINESS CALENDAR ITEMS ORDINANCES/FIRST READING *Councilmember Martinez declared a conflict of interest on Agenda Item 50A and left the dais during the discussion of the matter. 50A ORDINANCE TO REPEAL ARTICLE XX DISESTABLISHING THE DOWNTOWN COMMUNITY MANAGEMENT DISTRICT (CMD) AND DIRECTION REGARDING REACTIVATION OF DOWNTOWN BUSINESS IMPROVEMENT DISTRICT (BID) - City Manager's Office MOTION: 1. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS-2841 - AN ORDINANCE OF THE CITY OF SANTA ANA REPEALING ARTICLE XX OF CHAPTER 13 OF THE SANTA ANA MUNICIPAL CODE RELATING TO COMMUNITY MANAGEMENT DISTRICTS 2. Direct staff to undertake activities to allow consideration of reactivation of the Downtown Santa Ana Business Improvement District (BID). MOTION: Tinajero SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Sarmiento, Tinajero (6) NOES: None (0) ABSTAINED AND NOT PRESENT: Martinez (1) ABSENT: None (0) RESOLUTIONS 55A RESTRUCTURE CITY COUNCIL COMMITTEES AND APPOINT MEMBERS - Clerk of the Council Office MOTION: CITY COUNCIL MINUTES 14 JANUARY 22, 2013 1 0A-14 1. Approve the Ad Hoc Committee's (Councilmembers Martinez and Sarmiento) recommendation to consolidate the City Council Committees and establish the following five: • Development and Transportation Committee • Public Safety and Neighborhood Improvement Committee • Parks, Recreation, Education & Youth (PREY) Committee; and Joint Santa Ana Unified School District /City Council Committee • Code of Ethics and Conduct Committee • Finance, Economic Development and Technology Committee 2. Adopt a resolution restructuring the City Council Committees and amending the appointing authority. RESOLUTION NO. 2013-002 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NOS. 1998-091, 1999-069, 2001-016, 2001-33, 2003-001, 2007-014, AND 2007-029 REGARDING COMMITTEES OF THE CITY COUNCIL 3. Approve the Ad Hoc Committee's recommendation to appoint the following members: • Development and Transportation Committee Benavides, Sarmiento, Martinez *Pulido dissented on this line item. • Public Safety and Neighborhood Improvement Committee -> Benavides, Martinez, Reyna • Parks, Recreation, Education & Youth (PREY) Committee; and Joint Santa Ana Unified School District /City Council Committee --> Amezcua, Reyna, Tinajero • Code of Ethics and Conduct Committee -> Tinajero and Amezcua • Finance, Economic Development and Technology Committee -> Sarmiento, Martinez, Benavides MOTION: Sarmiento SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Pulido*, Martinez, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAINED: Nona (0) ABSENT: None (0) *Pulido dissented on line item marked with asterisk. CITY COUNCIL MINUTES 15 JANUARY 22, 2013 1 0A-15 PUBLIC HEARINGS 75A PUBLIC HEARING - RESOLUTION AUTHORIZING CONDEMNATION OF REAL PROPERTY FOR GRAND AVENUE WIDENING PROPERTIES LOCATED WITHIN THE CITY OF SANTA ANA, 202-218 NORTH GRAND AVENUE (APN 398-453-05) AND 1214 EAST THIRD STREET (APN 398-453-05); (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. Item continued from the January 7, 2013 City Council Meeting due to insufficient votes to consider matter. MOTION: Adopt a resolution. (Requires a two-thirds vote.) RESOLUTION NO. 2013-003 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTIES LOCATED WITHIN THE CITY OF SANTA ANA LOCATED AT 202-218 N. GRAND AVENUE AND 1214 E. 3rd STREET (APN 398-453-05 AND 398-453-06) MOTION: Sarmiento SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Pulido, Martinez, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAINED: Nona (0) ABSENT: None (0) *Councilmembers Martinez and Sarmiento recused themselves from Agenda Items 75C and 75D and left the dais during the discussion of the matters. 75B PUBLIC HEARING - RESOLUTION AUTHORIZING CONDEMNATION OF BILLBOARD AND REAL PROPERTY FOR GRAND AVENUE WIDENING (PROJECT NO. 081732, NON-GENERAL FUND) - Public Works Agency Notice of Hearing letter regarding acquisition of property ("Billboards") and real property by eminent domain mailed to property owners on January 7, 2013. CITY COUNCIL MINUTES 16 JANUARY 22, 2013 1 0A-16 John Duong of Clear Channel Outdoors spoke on Agenda Items 75B and 75C; indicated that address on notice not same as agenda report. Staff clarified problem. Zeke Hernandez concerned with City's offer on property; request continued negotiations to settle matter. MOTION: Adopt a resolution. (Requires a two-thirds vote.) RESOLUTION NO. 2013-004 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA LOCATED AT 1221 E. THIRD STREET (APN 398-385-05) AND OUTDOOR POSTER PANEL (FACE # 004517 & 004518) LOCATED AT 1221 E. THIRD STREET MOTION: Tinajero SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Tinajero (5) NOES: None (0) ABSTAINED AND NOT PRESENT: Martinez, Sarmiento (2) ABSENT: None (0) 75C PUBLIC HEARING - RESOLUTION AUTHORIZING CONDEMNATION OF BILLBOARD FOR GRAND AVENUE WIDENING (PROJECT NO. 081732, NON-GENERAL FUND) - Public Works Agency Notice of Hearing letter regarding acquisition of property ("Billboards") by eminent domain mailed to property owners on January 7, 2013. MOTION: Adopt a resolution. (Requires a two-thirds vote.) RESOLUTION NO. 2013-005 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF OUTDOOR POSTER PANEL (FACE # 004519 & 005865) LOCATED WITHIN THE CITY OF SANTA ANA AT 119 N. GRAND AVENUE MOTION: Tinajero SECOND: Amezcua CITY COUNCIL MINUTES 17 JANUARY 22, 2013 1 0A-17 VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Tinajero (5) NOES: None (0) ABSTAINED AND NOT PRESENT: Martinez, Sarmiento (2) ABSENT: None (0) 75D PUBLIC HEARING - BUSINESS LICENSE TAX PENALTY ABATEMENT ORDINANCE - Finance & Management Services Legal Notice published in the Orange County Register on January 13, 2013. MOTION: Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS-2842 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A BUSINESS LICENSE TAX PENALTY ABATEMENT PROCEDURE AND AMENDING SECTIONS 21-3, 21-12, 21-16, 21-25, 21-41, 21-43, 21-44, 21-60, 21-64, 21-83, 21-85, 21-100, 21-115, 21-122, 21-123, 21-124, 21-125 RELATING TO ADMINISTRATIVE PROVISIONS OF CHAPTER 21, THE BUSINESS LICENSE TAX CODE, AND ADDING SECTIONS 21-93.1 RELATING TO ENFORCEMENT AND COLLECTION AND SECTION 21-118.1 RELATING TO DEPOSIT ADJUSTMENT AND SECTIONS 21-119.1, RELATING TO LIMITED LIABILITY OF HOLDING COMPANIES AND PASS-THROUGH ENTITIES AND SECTIONS 21-119.2 AND 21-119.3 AND 21-120h ESTABLISHING AN ALTERNATIVE ELECTIVE FLAT RATE BUSINESS LICENSE TAX ASSESSMENT FOR HOME-BASED BUSINESSES MOTION: Tinajero SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Pulido, Martinez, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAINED: Nona (0) ABSENT: None (0) CITY COUNCIL MINUTES 18 JANUARY 22, 2013 1 0A-18 COMMENTS PUBLIC COMMENTS • Debbie McEwen, opined that disrespectful to call her out on perceived hand gesture. Concerned that her neighborhood association not invited to participate in Ward 2 Walking Tours. Councilmember Martinez indicated that all invited and will coordinate with her. • Steve Jason Hitman, spoke of film he is working on regarding homeless. 90A CITY MANAGER'S COMMENTS - None 90B CITY COUNCILMEMBER COMMENTS Councilmember Martinez: • Reflected on Martin Luther King's Jr's birthday and President Obama's inauguration held on January 21St; • Concerned with article in the Los Angeles Times regarding a discrimination matter that occurred in the City of Yorba Linda; • Announced that she will be participating in the Black History Parade in the City of Anaheim; • Congratulated Wahoo Tacos on their 50th Anniversary; business started in Santa Ana; • Spoke of exciting projects underway including construction of One Broadway Plaza, the Met Project, and Station District; • Noted that Downtown Santa Ana will continue to flourish even without Community Management District; • Indicated that proposed redevelopment fund take away of $54 million not surprising, but City will continue to move forward; • Stated that she was elected to do the right thing and threat of recall does not scare her; has maintained open door policy throughout her tenure. Councilmember Sarmiento: • Thanked all speakers for voicing their opinion and for patience. • Hope for respect, learn from each other, no room for racism, need civility and tolerance. Councilmember Tinajero • Remarked that comments tonight appeared to be like "Tale of Two Cities"; dismanteling of Community Management District required tough decisions; decorum and respect needed by all; City Council CITY COUNCIL MINUTES 19 JANUARY 22, 2013 1 0A-19 trying to be fair to all parties involved; need change to allow for democracy; • Adjourn in memory of Peter Pezak. Councilmember Amezcua • Thanked residents for attending meeting for comments. • Reported that she attended the League of California Cities Conference in Sacramento on January 16tH • Spoke on need for respect for all involved. Councilmember Reyna: • Thanked all speakers for comments; change not easy, but all opinions important; • Urged all to Shop in Santa Ana as Valentine's Day approaches. Councilmember Benavides: • Encouraged all to shop in Santa Ana; • Change not easy, but opportunity for fresh ideas; interest of community paramount, City has key role in State politics. Important to make right decisions and continue dialogue to move City forward; • Hosting monthly community hours on February 2nd from 9 a.m. to 12 noon Mayor Pulido • Noted that change for purpose is what matters; expressed support for City Manager. ADJOURNED- 11:32 P.M. - The next meeting of the City Council is scheduled for Monday, February 4, 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 Peter Pezak Maria D. Huizar, Clerk of the Council 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 20 JANUARY 22, 2013 1 OA-20