HomeMy WebLinkAbout10A - MINUTES - 02-19-13MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
FEBRUARY 19, 2013
CLOSED SESSION MEETING
CALLED TO ORDER
ATTENDANCE
PUBLIC COMMENTS - None
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
5:14 P.M.
ROMAN A. REYNA (5:32 p.m.)
VINCENT F. SARMIENTO
ANGELICA AMEZCUA
P. DAVID BENAVIDES
MICHELE MARTINEZ
COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor (5:15 p.m.)
COUNCILMEMBERS Absent:
SAL TINAJERO, Mayor Pro Tern
STAFF Present:
KEVIN O'ROURKE, Interim City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:14 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)
Daniel Perales v. City of Santa Ana; Workers' Compensation Appeals
Board case #ADJ039389
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1B CONFERENCE WITH LEGAL COUNSEL-THREAT OF LITIGATION
pursuant to Government Code Section 54956.9(b)
One case.
1 C CONFERENCE WITH LEGAL COUNSEL-INITIATION OF LITIGATION
pursuant to Government Code Section 54956.9(c)
One case.
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 5:54 P.M. AND CONVENED TO
THE REGULAR OPEN MEETING
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REGULAR OPEN SESSION
CALLED TO ORDER
ATTENDANCE
PLEDGE OF ALLEGIANCE
INVOCATION
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
5:55 P.M.
COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
ANGELICA AMEZCUA
P. DAVID BENAVIDES
MICHELE MARTINEZ
ROMAN A. REYNA
VINCENT F. SARMIENTO
COUNCILMEMBERS Absent:
SAL TINAJERO, Mayor Pro Tern
STAFF Present:
KEVIN O'ROURKE, Interim City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
MAYOR PULIDO
JANE HETHERINGTON RAUSH, Police Chaplain
CLOSED SESSION REPORT - See report under Agenda Item 19A.
PUBLIC COMMENT
• Professor Rev. David Huyng Alexander, General Chief of Chaplain, representing the
Vietnamese Baptist Church, spoke in support of Agenda Item 55B and need to
support human rights and rebuke oppression in Vietnam.
• Mark Rosen, attorney representing Caldwell's, J&R Towing and Tom's Towing,
spoke in opposition to the City's Request for Qualifications (RFQ) proposal; all three
companies had performed rotations towing services, but were not selected as one of
the five companies through the new RFQ process.
o Councilmember Sarmiento requested that status of RFQ be reviewed by the
Public Safety Council Committee.
o Mayor Pulido requested implementation deferral, pending review of RFQ.
• Jeannie Gillett, representing Old Orchard Conservancy, spoke on the upcoming
Sexlinger property subject matter; property listed on the City of Santa Ana's Historic
Registry and opined that property listed because of significant historic value and
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should not be demolished; Conservancy request moratorium on demolition permits
of all historic designated properties until SAMC § 30-7(b) is reviewed.
Nick Spain, commented that the Planning Commission was at impasse (on the
Sexlinger property matter) resulting in technical denial for the proposed development
project; Developer has requested City Council consideration of a 24-home project
built on a five acre site; Conservancy Group urges the City Council to reject
application for development; Group has submitted extensive comments on the
Environmental Impact Report (EIR) which does not meet the minimum California
Environmental Quality Act (CEQA) standards.
Steve Ray, representing Old Orchard Conservancy, concerned with legality of
Planning Commission hearing; request deferment to consider alternatives to
proposed development; opined that EIR is insufficient and lacking reasonable
alternatives, no mitigation for preservation or maintenance; recommend staff to redo
EIR to include clarifications; law allows EIR to be approved at subsequent meeting -
City Council has 180 days after approval to consider project itself; Conservancy in
discussions with owners of property; request that City Council consider adding a
process for demolition permits.
o Mayor Pulido requested staff prepare alternatives for City Council consideration.
o City Attorney Carvalho indicated that staff meeting with Conservancy and
preparing options; staff reviewing process and considering historic elements.
o Councilmember Sarmiento asked staff to explore all options, make sure no
loopholes exist since City Council has standing.
o Councilmember Benavides, requested clarification of demolition permit process.
Daisy Gonzalez, representing the Kennedy Commission, spoke in support and
creation of more low income and affordable housing projects; advocated for future
project in the Myrtle Street area.
Ken Nguyen, expressed support for Agenda Item 55B.
AGENDA ITEMS TAKEN OUT OF ORDER (55B & 25E)
55B RESOLUTION - REGARDING OFFICIAL VISITS FROM THE SOCIALIST
REPUBLIC OF VIETNAM - City Manager's Office
MOTION: Adopt a resolution.
RESOLUTION NO. 2013-009 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA REGARDING OFFICIAL VISITS FROM
THE SOCIALIST REPUBLIC OF VIETNAM
MOTION: Sarmiento SECOND: Martinez
VOTE: AYES:
NOES:
ABSTAIN:
Amezcua, Benavides,
Pulido, Sarmiento (6)
Martinez, Reyna,
CITY COUNCIL MINUTES
None (0)
None (0)
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FEBRUARY 19, 2013
ABSENT: Tinajero (1)
25E AGMT NO. 2013-036 - INTERIM CITY MANAGER- Personnel Services
Agency
MOTION: Authorize the City Manager and Clerk of the Council to
execute an agreement with Kevin O'Rourke for a monthly salary of
$22,083 and reimbursement for travel expenses for the first 60 days
not to exceed $4,000 a month, and $2,700 a month for the balance of
the agreement, subject to non-substantive changes approved by the
City Manager and City Attorney.
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Benavides
Amezcua, Benavides,
Pulido, Sarmiento (6)
Martinez, Reyna,
None (0)
None (0)
Tinajero (1)
CONSENT CALENDAR ITEMS
MOTION: Approve Consent Calendar Items 10A through 39A with the
following modifications:
• Excuse Mayor Pro Tern Tinajero from the February 19,, 2013 City Council and
Successor Agency Meetings;
• Councilmember Benavides pulled Agenda Item Nos. 19E and 39A for
separate discussion; and
• Councilmember Reyna pulled Agenda Item No. 23A for separate discussion.
MOTION: Reyna SECOND: Benavides
VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido,
Sarmiento (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Tinajero (1)
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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.
*Councilmember Sarmiento and Amezcua stepped down from the dais at 6:47 p.m.
ADMINISTRATIVE MATTERS
MINUTES
10A MINUTES FROM THE REGULAR MEETING OF FEBRUARY 4, 2013 -
Clerk of the Council Office
MOTION: Approve Minutes.
10B MINUTES FROM THE SPECIAL CLOSED MEETING OF FEBRUARY 11,
2013 - Clerk of the Council Office
MOTION: Approve Minutes.
BOARDS / COMMISSIONS / COMMITTEES
13A NOMINATED BY COUNCILMEMBER AMEZCUA AS THE WARD 3
REPRESENTATIVES FOR A FULL TERM EXPIRING DECE MBER 13,
2016 - City Clerk of the Council Office
MOTION: Appoint.
Name Board/Commission Residing
Ward
Joel Crespo Planning Commission 1
(Replaces J. Gartner)
Arthur Sandoval Community Redevelopment & 4
(Replaces D. Wootan) Housing Commission
Dennis W. Wootan Personnel Board 3
(Replaces C. Korthuis)
Cynthia Rosas Historic Resources Commission 1
(Replaces B. O'Callaghan)
Bruce T. Bauer Board of Recreation and Parks 3
(Replaces G. Tiritilli)
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13B COUNCIL COMMITTEE REPORTS - Police Department
MOTION: Receive and file the Public Safety Committee Minutes of
July 24, 2012.
MISCELLANEOUS ADMINISTRATION
19A
19B
19C
CLOSED SESSION REPORT - City Attorney's Office
MOTION: Approve items as reported by City Attorney.
Daniel Perales v. City of Santa Ana; Workers' Compensation Appeals
Board case #ADJ039389 - Settlement Agreement in the amount of
$86,300.
CONFERENCE WITH LEGAL COUNSEL-THREAT OF LITIGATION
pursuant to Government Code Section 54956.9(b), One case
CONFERENCE WITH LEGAL COUNSEL-INITIATION OF LITIGATION
pursuant to Government Code Section 54956.9(c), One case.
- City Council considered threat of litigation and initiation of litigation
together; action against the City's Successor Agency in relation to various
development agreements for affordable housing projects, mainly those
associated with the Station District project. Given the demand by the
California Department of Finance (DOF) for the return of $54 million and
significant risks to the City's General Fund, money that would have to be
taken out of the general fund if we release it, the City Council has made a
change of direction from the December 21, 2012 Special Meeting and has
directed staff not to release any further payments under the development
agreements. While the City Council understands that this subjects the
Successor Agency to claims and litigation, we feel that we have no
alternative given the DOF's demands upon the City and Successor
Agency.
EXCUSED ABSENCES - Clerk of the Council Office
MOTION: Excuse the absence of Mayor Pro Tern Tinajero.
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 October 1, 2012 to December 31, 2012 valued at $25,000
and less.
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19D REQUEST FOR PROPOSALS FOR PLANNING AND ENVIRONMENTAL
SERVICES FOR THE SOUTH COAST SPEEDWASH DEVELOPMENT
PROJECT LOCATED AT 2402 SOUTH BRISTOL STREET - Planning
and Building Agency
MOTION: Authorize the Planning and Building Agency to send a
Request for Proposals to qualified consulting firms to provide
planning and environmental services for a development project
located at 2402 South Bristol Street.
19E REQUEST FOR PROPOSALS FOR FEDERAL HOME AND
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDED
AFFORDABLE RENTAL HOUSING PROJECTS - Community
Development Agency
MOTION: Authorize the Community Development Agency to release
a Request for Proposals to qualified affordable housing developers
seeking proposals for federal HOME and CDBG funded affordable
rental project(s).
MOTION: Benavides SECOND: Martinez
VOTE: AYES: Benavides, Martinez, Reyna, Pulido (4)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Amezcua, Sarmiento, Tinajero (3)
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20A APPROPRIATION ADJUSTMENT TO RECEIVE ENVIRONMENTAL
CLEANUP PROGRAM FUNDING FOR THE MAPLE STREET STORM
DRAIN CONTINUOUS DEFLECTIVE SEPARATION (CDS) PROJECT
(PROJECT 136793) - Public Works Agency
MOTION: Approve an appropriation adjustment. (Requires five
affirmative votes)
APPROPRIATION ADJUSTMENT NO. 2013-100 Receive $100,000 in
Measure M2 funding into the Measure M - Street Construction revenue
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account and appropriating the same amount to the Measure M2 - Street
Construction expenditure account (Project No. 136793) for construction of
the Maple Street Storm Drain Continuous Deflective Separation (CDS)
Project.
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
22A SPEC. NO. 09-030 - CHAIN LINK FENCE RENTALS - (Public Works
Agency and Community Development Agency) - Finance & Management
Services
MOTION: Contract with S & S Portable Services for a one-year
period in an amount not to exceed $50,000.
*Councilmember Amezcua returned to the dais.
PROJECTS/CHANGE ORDERS
23A CONTRACT AWARD TO PACIFIC CONSTRUCTION COMPANY, INC.,
FOR EL SALVADOR AND WINDSOR PARKS WALKWAY
RECONSTRUCTION (PROJECT NOS. 137513 & 137514) - Public Works
Agency; Parks Recreation, and Community Services Agency; Community
Development Agency
MOTION:
1. Award a contract to the lowest responsible bidder, Pacific
Construction Company, Inc., in accordance with the Base Bid
totaling $186,255 for the reconstruction of El Salvador and
Windsor Parks walkways.
2. Approve the Cost Analysis for a total estimated project delivery
cost of $274,860.
MOTION: Reyna SECOND: Benavides
VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido
(5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Sarmiento, Tinajero (2)
CITY COUNCIL MINUTES 9 FEBRUARY 19, 2013
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23B CONTRACT AWARD TO HARDY AND HARPER, INC., FOR
MACARTHUR BOULEVARD REHABILITATION - BRISTOL STREET TO
FLOWER STREET (PROJECT NO. 136786) - Public Works Agency
MOTION:
1. Award a contract to the lowest responsible bidder, Hardy and
Harper, Inc., in accordance with the Base Bid, totaling $911,000,
for MacArthur Boulevard Rehabilitation from Bristol Street to
Flower Street.
2. Approve the Cost Analysis for a total estimated project delivery
cost of $1,138,750.
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. 2013-032 - READY OC EMERGENCY PREPAREDNESS
CAMPAIGN AND LAUNCH OF THE "IF YOU SEE SOMETHING, SAY
SOMETHING" CAMPAIGN SERVING THE ANAHEIM/SANTA ANA
URBAN AREA - With Westbound Communications, Inc. for an amount not
to exceed $770,000, budget includes a ten percent contingency - Police
Department
25B AGMT NO. 2013-033 - AMENDMENT - INMATE FOOD SERVICES AND
CATERING SERVICE FOR VARIOUS CITY EVENTS - With Aramark
Correctional Services, Inc. in an amount not to exceed $1,304,150 for a
one-year term - Police Department
25C AGMT NO. 2013-034 - AMENDMENT - ENGINEERING DESIGN
SERVICES AGREEMENT FOR DOWNTOWN PARKING STRUCTURE
IMPROVEMENTS - With AECOM in an amount of $60,000 for a total
amount not to exceed $535,000 - Public Works Agency and Community
Development Agency
25D AGMT NO. 2013-035 - AMEND AND RENEW - PAYROLL / HUMAN
RESOURCES SYSTEM MAINTENANCE, SERVICE, AND SOFTWARE -
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With High Line Corporation in a total estimated annual amount of $80,000
not to exceed $240,000 over a three-year period (for all contracts) -
Finance & Management Services
25E AGENDA ITEM TAKEN OUT OF ORDER
LAND USE MATTERS
MISCELLANEOUS - LAND USE
39A STREET NAMING NO. 2012-01 TO NAME THE STREET SEGMENT
WEST OF THE SANTA ANA STADIUM AS COACH DICK HILL WAY -
Planning and Building Agency
Recommended Action approved by the Planning Commission on January
28, 2013 by a 6-0 vote.
City Councilmembers applauded Coach Dick Hill's contributions at both
Santa Ana High and Valley High Schools and to the youth in our
community.
MOTION: Receive and file the staff report and affirm the naming of
the street segment west of the Santa Ana Stadium as Coach Dick Hill
Way (Street Naming No. 2012-01).
MOTION: Benavides SECOND: Martinez
VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido
(5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Sarmiento, Tinajero (2)
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR ITEMS
*Councilmember Sarmiento returned to the dais.
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RESOLUTIONS
55A RESOLUTION - FY 2012 EMERGENCY MANAGEMENT
PERFORMANCE GRANT TO COVER SALARY FOR PERSONNEL
INVOLVED IN EMERGENCY MANAGEMENT ACTIVITIES AND
MISCELLANEOUS EQUIPMENT - Police Department
MOTION:
1. Adopt a resolution.
RESOLUTION NO. 2013-010 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY
MANAGER, AND THE CHIEF OF POLICE OR HIS DESIGNEE(S) TO
OBTAIN 2012 EMERGENCY MANAGEMENT PERFORMANCE
GRANT FUNDS THROUGH THE COUNTY OF ORANGE
2. Authorize the City Manager and Chief of Police, on terms
acceptable to the City Attorney, to execute a sub-recipient
agreement.
AGMT NO. 2013-037 - With the County of Orange and/or Orange
County Sheriff's Department in an amount not to exceed $63,494.
3. Authorize for the Chief of Police and/or his designee, on terms
acceptable to the City Attorney, to prepare reimbursement
agreements for equipment, services, or training.
AGMT NO. 2013-038 - With the County of Orange pursuant to the
guidelines set for in the EMPG program and EMPG Articles,
Assurances, Certifications, Terms and Conditions.
4. Approve an appropriation adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 2013-102 - Recognizing the FY
2012 Emergency Management Performance Grant funds in the
amount of $63,494 in revenue account and appropriate same into FY
2012 Emergency Management Performance Grant expenditure
accounts.
MOTION: Martinez
VOTE: AYES:
CITY COUNCIL MINUTES
SECOND: Benavides
Amezcua, Benavides, Martinez, Reyna,
Pulido, Sarmiento (6)
NOES: None (0)
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FEBRUARY 19, 2013
ABSTAIN
ABSENT:
None (0)
Tinajero (1)
55B AGENDA ITEM TAKEN OUT OF ORDER.
MCMAMTL+
65A ACCEPT CERTIFICATE OF SUFFICIENCY OF PETITION REGARDING
THE MEDICAL CANNABIS RESTRICTION AND LIMITATION INITIATIVE
PETITION AND OTHER RELATED ACTIONS - Clerk of the Council Office
MOTION:
1. Accept the Certificate of Sufficiency issued by the County of
Orange Registrar of Voters regarding the Medical Cannabis
Restriction and Limitation Initiative.
2. Direct staff to prepare a report as allowed by Election Code §
9212, and present such report at the March 18, 2013 City Council
meeting.
MOTION: Reyna
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Benavides
Amezcua, Benavides,
Pulido, Sarmiento (6)
Martinez, Reyna,
None (0)
None (0)
Tinajero (1)
CITY COUNCIL MEETING RECESSED TO THE SUCCESSOR AGENCY MEETING
AT 6:55 P.M. AND RECONVENED AT 6:56 P.M WITH SAME MEMBERS PRESENT.
*Mayor Pulido left the meeting at 6:51 p.m. and did not return to the meeting.
COMMENTS
CITY COUNCIL MINUTES 13 FEBRUARY 19, 2013
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90A
90B
CITY MANAGER'S COMMENTS
Interim City Manager O'Rourke thanked the Mayor and City Council for
opportunity to work in Santa Ana for next six to nine months; City is a
special place and honored to be part of the team.
CITY COUNCILMEMBER COMMENTS
Councilmember Martinez:
• Welcomed Interim City Manager O'Rourke and look forward to working
with him;
• Acting Police Chief Rojas provided brief presentation of Gun-Buy-Back
program that is set for Saturday, February 23rd;
• Invited all to attend the Payan Ex workout sessions held on Mondays,
Wednesdays, and Fridays at 5:15 a.m. in the Artist Village; and
• Spoke in honor of her deceased mother's birthday and legacy left
behind.
Councilmember Sarmiento:
• Acting Police Chief Rojas provided a brief update on the morning's
shooting that took the life of four people including killer; Gun-Buy-Back
program had been discussed at the heels of the Newtown, Connecticut
mass murder incident in November, 2012; opined that any weapon off
the street may save a life; take note and respect the 2nd Amendment,
but believe that society different when language drafted; and
• Thanked and welcomed Interim City Manager.
Councilmember Amezcua:
• Welcomed Interim City Manager O'Rourke
• Support Gun-Buy-Back program that will keep our City safe; and
• Thanked outgoing commissioners that served under Councilmember
Bustamante and welcomed newly appointed commissioners
representing Ward 3.
Councilmember Reyna:
• Congratulated Interim Kevin O'Rourke; pleased with bilingual skill and
experience he brings to the City;
• Attended the California Youth in Government event in Sacramento
over the weekend; Santa Ana had 20 delegates and represented the
City well; youth has proposed and had two significant bills approved by
the Governor in the past;
• Pleased that City will be naming a street after Coach Hill;
• Noted that Vietnamese immigrants have had significant struggles and
sacrifices in coming to America to provide better life for their family;
and
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• Encouraged all to shop in Santa Ana.
Councilmember Benavides:
• Conveyed a warm welcome to Interim City Manager O'Rourke;
• Thanked staff for efforts to keep City moving forward; City Council
committed to working with Interim City Manager and formulated
strategic Plan and stabilize the organization; and
• Adjourned in memory of Richard Roehm.
ADJOURNED - 7:10 P.M. - The next meeting of the City Council is scheduled for
Monday, March 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
Richard Roehm
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
• Contracting Agreement for Specified Police Support Services
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