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Home My WebLink About10A - MINUTES - 03-18-2013 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA MARCH 18, 2013 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:05 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor SAL TINAJERO, Mayor Pro Tern (5:09 p.m.) ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA COUNCILMEMBERS Absent: VINCENT F. SARMIENTO STAFF Present: KEVIN O'ROURKE, Interim City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS • Mark Mathews, Chairman of the Board for Habitat for Humanity, expressed concern with City's decision to withhold payment on their Disposition and Development Agreement; poses hardship on organization and ability to pay employees; request City Council reconsider decision. COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:07 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 MARCH 18, 2013 1 0A-1 • SANTA ANA STATION DISTRICT LLC, SANTA ANA STATION DISTRICT HOUSING PARTNERS LP, et. al vs. MATOSANTOS, DEPARTMENT OF FINANCE, CITY OF SANTA ANA SUCCESSOR AGENCY et. al. • HILDA CUENCA, CLAUDIA CASTANEDA, ENIMIA HERNANDEZ, and EVANGELINA AVALOS, on behalf of themselves and others similarly situated vs. STATE OF CALIFORNIA DEPARTMENT OF FINANCE; ANA J. MATOSANTOS, in her official capacity as Director of the State of California Department of Finance; County of Sacramento Superior Court Case No. 34-2013-20001427 1 B CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED/POTENTIAL LITIGATION pursuant to Government Code Section 54956.9(b) State of California, Department of Finance (DOF) 1C PUBLIC EMPLOYEE EVALUATION OF PERFORMANCE pursuant to Government Code Section 54957(b)(1) Title: Interim City Manager 1 D PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section 54957(b)(1) Title: City Manager *Mayor Pro Tern Tinajero left the meeting at 6:03 p.m. and did not return. ADJOURNED THE CLOSED SESSION MEETING AT 6:03 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 2 MARCH 18, 2013 1 0A-2 REGULAR OPEN SESSION CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:04 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA COUNCILMEMBERS Absent: VINCENT F. SARMIENTO 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 PLEDGE OF ALLEGIANCE MAYOR PULIDO INVOCATION ROGER ARAGON, Police Chaplain CLOSED SESSION REPORT City Attorney Carvalho announced the following: The City Council is very supportive of the Habitat for Humanity "Habitat" and its accomplishments in the City of Santa Ana. The City Council voted to provide financial support, documented in a letter agreement, in the amount of $150,000 and in the form of proceeds from the sale of two homes currently in escrow. The Successor Agency and its Special Legal Counsel will continue to aggressively pursue the Department of Finance's "DoF's" approval to pay Habitat under the terms of the Disposition and Development Agreement "DDA". In the City's experience, the DoF's and the Attorney General will not act to release funds unless legal action in the form of a Temporary Restraining Order is sought by the developer. We encourage Habitat to join us in protecting their rights. Based on the DoF's directive that the developers of the Station District are quote "entitled to receive and draw down immediately from two escrow accounts $4,762,000" for a total of $15,570,000, the City Council directs staff to release such funds provided the release does not violate the existing court order. CITY COUNCIL MINUTES 3 MARCH 18, 2013 1 0A-3 Mayor Pulido motioned to approve, seconded by Councilmember Benavides. MOTION: Pulido SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento, Tinajero (2) PUBLIC COMMENT • Madeline Spencer, member of SACReD, supports full implementation of Sunshine Ordinance; Strategic Plan and outreach still missing; proposed neighborhood associations and other community groups be utilized for outreach purposes. • Adrian Munoz, spoke on need for Strategic Plan; schedule meeting dates and allow community voice to be reflected in Plan. • Tixoc Ventura, appreciate recent Budget Outreach Meeting; request additional meetings to review budget detail; community involvement important in decision making process; congratulated City Council on efforts thus far. • Clark Casler, submitted signed petitions by members of the community that request notification of Strategic Plan meetings. CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 10A through 25B with the following modifications: • Mayor Pulido pulled Agenda Item 25A for separate discussion; • Councilmember Benavides pulled Agenda Item 25B for separate discussion; and • Excuse the absence of Councilmember Sarmiento from the March 18, 2013 City Council Meeting. MOTION: Martinez SECOND: Benavides VOTE: AYES: Am ezcua, Benavides, Martinez, Re na Pulido 5 NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento, Tinajero (2) CITY COUNCIL MINUTES 4 MARCH 18, 2013 1 0A-4 Items removed for separate action or modified are highlighted. Separate actions show the actual vote. Items without votes are adapted as part of the consent motion. ADMINISTRATIVE MATTERS MINUTES 10A MINUTES FROM THE REGULAR MEETING OF MARCH 4, 2013 - Clerk of the Council Office MOTION: Approve Minutes. BOARDS / COMMISSIONS / COMMITTEES 13A NOMINATED BY MAYOR PULIDO AS THE CITY-WIDE REPRESENTATIVES TO VARIOUS BOARDS AND COMMISSION FOR A FULL TERM EXPIRING DECEMBER 9, 2014 - Clerk of the Council Office MOTION: Reappoint. Name Board/Commission 1. Wendy Tobiska Board of Recreation and Parks 2. Monica O. Garcia Community Redevelopment and Housing Commission 3. Phillip Schaefer Historic Resources Commission 4. Alexander "Sandy" Nalle Planning Commission 13B NOMINATED BY MAYOR PULIDO AS THE CITY-WIDE REPRESENTATIVE FOR A FULL TERM EXPIRING DECEMBER 9, 2014 - Clerk of the Council Office MOTION: Appoint Name Board/Commission Residing Ward Don Cribb Environmental and 3 (Replaces Loverin, F.) Transportation Advisory Committee (ETAC) 'I CITY COUNCIL MINUTES 5 MARCH 18, 2013 1 0A-5 13C NOMINATED BY COUNCILMEMBER SARMIENTO AS THE WARD 1 REPRESENTATIVES FOR A FULL TERM EXPIRING DECEMBER 13, 2016 - Clerk of the Council Office MOTION: Appoint Name Board/Commission Residing Ward 1. Cecilia Aguinaga Community 3 (Replaces Reyes, D.) Redevelopment and Housing Commission 2. Marlene Vasquez Youth Commission 1 (Replaces Castelan, E.) (Alternate) 13D NOMINATED BY COUNCILMEMBER REYNA AS THE WARD 5 REPRESENTATIVES FOR A FULL TERM EXPIRING DECEMBER 13, 2016 - Clerk of the Council Office MOTION: Appoint. Name Board / Commission Residing Ward 1. Brian J. Leal Board of Recreation and 2 (Replaces Madrid, M.) Parks 2. Yesenia R. Godinez Environmental and 5 (Replaces Morrissey, T.) Transportation Advisory Committee (ETAC) 3. James R. Gartner Planning Commission 3 (Replaces Acosta, F.) 4. Karinna I. Moreno Youth Commission 3 (Replaces Palacios, L.) (Alternate) MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT - City Attorney's Office MOTION: Approve. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED/POTENTIAL LITIGATION pursuant to Government Code Section 54956.9(b): State of California, Department of Finance (DOF); Letter of Agreement with Habitat for Humanity in the amount of $150,000 and in the form of proceeds from the sale of two homes currently in escrow. CITY COUNCIL MINUTES 6 MARCH 18, 2013 1 0A-6 19B EXCUSED ABSENCES - Clerk of the Council Office MOTION: Excuse the absence of Councilmember Sarmiento from the March 18, 2013 City Council Meeting. 19C ISSUANCE OF REQUEST FOR PROPOSALS FOR CLOSED CIRCUIT TELEVISION INSPECTION OF SANITARY SEWERS - Public Works Agency MOTION: Authorize the Public Works Agency to issue a Request for Proposals to qualified consulting firms to provide closed circuit television sewer inspection services for the City's sanitary sewer collections system. 19D REQUEST FOR EXTENSION OF MEASURE M2 COMPREHENSIVE TRANSPORTATION FUNDING PROGRAM FOR GRAND AVENUE WIDENING (PROJECT NO. 081732, NON-GENERAL FUND) - Public Works Agency MOTION: Authorize the Public Works Agency to request a one-time, one-year extension of Measure M2 Comprehensive Transportation Funding Program funding for construction of Grand Avenue Widening between First and Fourth Streets project. 19E REQUEST TO APPLY FOR SOUTHERN CALIFORNIA EDISON LOCAL GOVERNMENT FUNDING FOR ONLINE PERMITTING - Public Works Agency and Planning and Bulding Agency MOTION: Authorize staff to respond to the Southern California Edison Local Government Strategic Plan Strategies Solicitation to request funding to implement online permitting for the Public Works and Planning and Building Agencies. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A APPROPRIATION ADJUSTMENT ACCEPTING ADDITIONAL FY 2010 HOMELAND SECURITY GRANT FUNDS - Police Department MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) CITY COUNCIL MINUTES 7 MARCH 18, 2013 1 0A-7 APPROPRIATION ADJUSTMENT NO. 2013-112 - Recognizing additional FY 2010 Urban Area Security Initiative funds in an amount of $300,000 in revenue account and appropriate same in FY 2010 Urban Areas Security Initiative Program Grant expenditure accounts. These projects include the Civic Center video surveillance system, purchasing additional radiation/nuclear detection devises, and purchasing additional connex boxes to store training equipment and supplies. SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES 22A SPEC. NO. 13-008 - LEASE VEHICLES (Police Department) - Finance & Management Services MOTION: Award a contract to Enterprise Fleet Management for 34 leased vehicles for the Police Department for a three-year period with a provision for two one-year renewals, in an annual amount not to exceed $238,200. AGREEMENTS 25A MUNICIPAL PARKING FACILITIES OPERATOR - Community Development Agency Continued from the March 4, 2013 City Council meeting by a vote of 7-0. Mayor Pulido proposed continuation of matter. Councilmember Martinez supports staff recommendation to approve agreement, but would consider short-term continuance. MOTION: Extend current contract with Parking Concepts, Inc. for 30 days and continue consideration of matter to the April 1, 2013 City Council Meeting. MOTION: Pulido SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido (5) NOES: None (0) ABSTAIN: None (0) I ABSENT: Sarmiento, Tinajero (2) CITY COUNCIL MINUTES 8 MARCH 18, 2013 1 0A-8 25B EXTEND TWO FUNDING AGREEMENTS WITH SOUTHERN CALIFORNIA EDISON: THE SANTA ANA ENERGY LEADER PARTNERSHIP AND THE ENERGY EFFICIENCY STRATEGIC PLAN STRATEGIES - Public Works Agency Public Works Executive Director Godinez provided report on funding and program status. City Council applauded staff efforts to go "green"; would like to publicize incentives available to business community. Also, requested report to monetize other green efforts, such as decrease in trash by weight, water pump energy reduction system, and carbon footprint reductions. 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. AGMT NO. 2013-045 - AMENDMENT - With Southern California Edison to extend the Santa Ana Energy Leader Partnership to June 30, 2015 to deliver energy efficiency programs to utility customers. AGMT NO. 2013-046 - AMENDMENT - With Southern California Edison to extend the Energy Efficiency Strategic Plan Strategies to December 31, 2014. 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** ~I CITY COUNCIL MINUTES 9 MARCH 18 2013 1 0A-9 BUSINESS CALENDAR ITEMS RESOLUTIONS 55A RESOLUTION AUTHORIZING A TWO-YEAR EXTENSION OF THE SOLAR PERMIT FEE WAIVER PROGRAM - Planning and Building Agency Planning and Building Executive Director Trevino provided update on permit process; support continuation of program until solar panels become conventional. City Council proposed City facilities initiate use of solar energy. MOTION: Adopt a resolution. RESOLUTION NO. 2013-012 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING A TWO-YEAR CONTINUANCE OF A PROGRAM TO ENCOURAGE SOLAR INSTALLATIONS BY TEMPORARILY WAIVING PERMITTING FEES MOTION: Martinez SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento, Tinajero (2) 55B RESOLUTION AND AUTHORIZATION TO SUBMIT AN ENVIRONMENTAL JUSTICE PROGRAM GRANT APPLICATION - Public Works Agency Public Works Agency Executive Director Godinez indicated that grant will that will support the City's transportation and mobility goals. City Council encouraged staff to apply for similar grants available from AQMD, OCTA, and other regional organizations. MOTION: Adopt a resolution. RESOLUTION NO. 2013-013 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN APPLICATION FOR PROJECT FUNDING UNDER THE ENVIRONMENTAL JUSTICE PROGRAM CITY COUNCIL MINUTES 10 MARCH 18, 2013 1 0A-10 MOTION: Martinez SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento, Tinajero (2) REPORTS 65A ACCEPT REPORT REGARDING THE MEDICAL MARIJUANA INITIATIVE AND DECIDE WHETHER TO ADOPT PROPOSED ORDINANCE OR PLACE ON BALLOT FOR NOVEMBER 2014 ELECTION Paul Guzmon expressed concern with proposed initiative. City Council discussion ensued. Councilmember Benavides noted implications to City as provided for in report; request City monitor City of Riverside case and at a later date decide whether to place competing initiative on the ballot. Councilmember Reyna supports recommendation by Councilmember Benavides. Councilmember Martinez suggested a Work Study Session on matter after the Supreme Court Decision has been received. Alternatives listed by staff included: a) The Council may place the measure on the November 2014 ballot and seek declaratory relief; b) The Council may adopt the measure without change and it would become effective immediately; c) The Council may direct staff to explore placing a competing initiative on the November 2014 ballot; d) In the future the Council may consider taking further action, including legal action, as may be indicated after the California Supreme Court decides City of Riverside v. Inland Empire's Health and Wellness Center, Inc. (2011) 200 Cal. App. 4"' 885. MOTION: 1. Receive and file the Report prepared pursuant to Section 9212 of the California Elections Code. CITY COUNCIL MINUTES 11 MARCH 18, 2013 1 0A-11 2. Call for the election and place the measure on the November 2014 ballot. MOTION: Benavides SECOND: Martinez VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento, Tinajero (2) COMMENTS 90A CITY MANAGER'S COMMENTS Interim City Manager O'Rourke reported the following: • ComLink accepting nominations for annual Neighborhood Hero Award through May 2, 2013; • Orange County Housing Opportunities Collaborative hosting free foreclosure prevention workshop on Saturday, April 6, 2013 at Calvary Church in Santa Ana; • Orange County Fire Authority has promoted Division Chief, Dave Thomas to Assistant Chief of Operations; new Division Chief in Santa Ana is Scott Brown; • New Division Chief, Scott Brown will present Annual Fire Transition Report at the April 1, 2013 City Council meeting; • The Planning and Building Agency has received an in-kind grant from Southern California Association of Governments (SCAG) to integrate City's GIS System; • Parks, Recreation and Community Services Agency has new program funded by Irvine Foundation to allow 45 seniors to have access to Bowers Museum on a monthly basis for the next 22 months; and • Police Department's Traffic Division receiving Go Green Award for energy reduction efforts. o Mayor Pulido commented that the Air Quality Management District Agency testing police vehicles that use natural gas vehicles; suggested City look into program. CITY COUNCIL MINUTES 12 MARCH 18, 2013 1 0A-12 90B CITY COLINCILMEMBER COMMENTS Councilmember Martinez: • Congratulated Division Chief Dave Thomas on promotion and welcomed incoming Chief Brown; and • Noted that Sunshine Ordinance required Strategic Plan; request City Manager provide timeline for Strategic Plan and outreach efforts; thanked community for keeping the City Council accountable and active participation in decision making; recruitment and selection of City Manager forthcoming. Councilmember Amezcua: • Welcomed new Fire Chief Brown; and • Commented on Sunshine Ordinance; support open and transparent process and procedures. Councilmember Reyna: • Echoed comments by colleagues on need for Strategic Plan; • Attended Park Santiago Easter Egg Hunt event; thanked volunteers for fun event; • Noted that Little League at El Salvador Park has brought generational involvement; much appreciated; • Invited all to participate in the Annual Cesar Chavez event at Santa Ana College on Friday, March 29th and Saturday, March 30th; • Relay for Life event in Santa Ana will be held at Valley High School on June 1St and 2nd; invited all to participate; and • Encouraged all to shop in Santa Ana. Councilmember Benavides: • Thanked speakers for comments and on-going community engagement; City held Budget forums recently; request thorough vetting of Strategic Plan that incorporated community input and not bound by June deadline; • Request regular updates on City Manager recruitment and staff re- initiate on-line survey to receive input from community; • Cedar Evergreen Neighborhood fundraiser generated over $50,000; comprehensive effort by many City departments and Pastor Kevin Brown's efforts have improved the quality of life, such as graffiti, lighting, and trees being trimmed, allowing the City to thrive; A fortunate 500 company is looking into City partnerships in the form of sponsorship of athletic events and community events; o Councilmember Martinez requested possible use of Community Development Block Grant funds to assist neighborhoods. • Apple Company has filmed commercial at 2nd Street Promenade • Encouraged residents to support local businesses; • Request staff to evaluate City "branding" campaign. CITY COUNCIL MINUTES 13 MARCH 18, 2013 1 0A-13 Mayor Pulido: • Adjourned in memory of Carrie Doby. ADJOURNED- 7:22 P.M. - The next meeting of the City Council is scheduled for Monday, April 1, 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 Carrie Doby 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 • Janitorial Services for Police Admin/Jail • Inmate Telephone Services CITY COUNCIL MINUTES 14 MARCH 18, 2013 1 0A-14