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HomeMy WebLinkAbout2013-05-06 RegularMINUTES OF THE. REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA MAY 6, 2013 CLOSED SESSION MEETING CALLED TO ORDER ATTENDANCE PUBLIC COMMENTS - None COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:09 P.M. COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor SAL TINAJERO, Mayor Pro Tern (5:27 p.m.) ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA (5:19 p.m.) VINCENT F. SARMIENTO COUNCILMEMBERS Absent: NONE 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 5:09 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) • Martha Shirey v. City of Santa Ana; Workers' Compensation Appeals Board case #ADJ7274055; ADJ7274062 CITY COUNCIL MINUTES 1 MAY 6, 2013 • Santa Ana Station District LLC, Santa Ana Station District Housing Partners LP, et. al v. Matosantos, Department of Finance, City of Santa Ana Successor Agency et. al. • City of Santa Ana, Successor Agency and Housing Authority vs. Ana J. Matosantos, Director of Department of Finance, State Board of Equalization, et al; Superior Court, Sacramento, Case Number 34- 2013-800001477 • Hilda Cuenca, Claudia Castaneda, Enima Hernandez, and Evangelina Avalos, on behalf of themselves and others similarly situated v. State of California Department of Finance; Ana J. Matasantos, in her official capacity as Director of the State of California Department of Finance; County of Sacramento Superior Court Case No. 34-2013-20001427 • Edwin Melendez v. City of Santa Ana, Orange County Superior Court Case No. 30-2012-00554467. • Karyl Frost v. City of Santa Ana, Orange County Superior Court Case No. 30-2012-00564920. • Roberta Rogers v. City of Santa Ana, Orange County Superior Court Case No. 30-2013-00623568. 1B CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Ed Raya Employee Organizations: Santa Ana Police Officers Association (POA) and Service Employees' International Union (SEIU) Full-Time Employees 1C PUBLIC EMPLOYEE - APPOINTMENT AND PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1) Title: City Manager ADJOURNED THE CLOSED SESSION MEETING AT 6:20 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 2 MAY 6, 2013 REGULAR OPEN SESSION CALLED TO ORDER ATTENDANCE PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:21 P.M. 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: KEVIN O'ROURKE, Interim City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO GARY TUCKER, Police Chaplain EMPLOYEE SERVICE AWARD presented by MAYOR PULIDO to: 20 YEARS OF SERVICE Laura V. Canales, Correctional Supervisor, Police Department CERTIFICATE OF RECOGNITION presented by MAYOR PULIDO to Terry Dwyer, President of Segerstrom Center for the Arts, for partnering with the City to promote the arts to students through their various educational programs. CERTIFICATES OF RECOGNITION presented by MAYOR PULIDO to Mater Dei High School Basketball Team and Coaches; ten time California State High School Basketball Champions and the most recognized basketball team in Orange County and the State. CITY COUNCIL MINUTES 3 MAY 6, 2013 Team members: Pierre Aguirre Elijah Brown MJ Cage Billy Fay Sam Ghods Matthew Seatter Mario Soto Bailey Stout Jordan Strawberry Andrew Tisdale Victor Ujkic Brandon Wiehe CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER REYNA to Santa Ana Unified School District Superintendent Thelma Melendez de Santa Ana, Ph.D, for leading the school district in the implementation of Common Core Standards. Ben Humphreys Jayce Johnson Stanley Johnson Jamie Kobayashi Troy Kramer Head Coach: Gary McKnight Assistant Head Coach: Jason Quinn Assistant Coaches: Bob Serven Clay McKnight Sean Stevenson. James McGee Chris Nealey Charlie Noebel La'vette Parker Jacob Scherer CERTIFICATES OF RECOGNITION presented by MAYOR PRO TEM TINAJERO AND COUNCILMEMBER AMEZCUA the Saddleback High School Varsity Soccer Team for winning the 2013 CIF-SS Division 5 Championship Team members: Jimmy Aviles Daniel Barrientos Victor Bucio Juan Canales Brady Carbajal Gary Carbajal Raul De La Torre Alonso De La Torre Edward Diaz Eddie Flores Bryan Galindo Eder Gonzalez Mario Guerrero Deriam Lopez David Magdaleno Abraham Martinez Luis Mejia Eduardo Pasallo Mario Ramirez Oscar Sandoval Jose Valdez Daniel Vasquez Ivan Zamora Coach Mel Silva Assistant Coaches Eric Zuniga Leopoldo Orozco Oscar Zuniga Carlos Amezcua CERTIFICATES OF RECOGNITION presented by MAYOR PRO TEM TINAJERO AND COUNCILMEMBER SARMIENTO to Roman Beltran and Agustin Gonzalez in recognition of their time volunteering in such events as Day of the Dead and Harvey Milk Day. PROCLAMATIONS presented by COUNCILMEMBER MARTINEZ to Darrell Johnson, Orange County Transportation CEO and Rye Baerg, Southern California Regional CITY COUNCIL MINUTES 4 MAY 6, 2013 Policy Manager for the Safe Routes to School National Partnership in recognition of National Bike to Work Week and National Bike to School Day. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER AMEZCUA to Jill Calhoun, facilities manager of Da Vita, Inc. and Lee Kane, Program Manager for non-profit organization - Shoes that Fit - for collaborating to donate brand new shoes to every student at Carver and Lincoln Elementary schools. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER AMEZCUA to Professor Martin Morachimo for bringing Gracie Barra Brazilian Jiu Jitzu to Santa Ana. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBERS MARTINEZ AND SARMIENTO to Aaron Kushner and Eric Spitz, the new owners of the Orange County Register. CLOSED SESSION REPORT - See report under Agenda Item 19A. PUBLIC COMMENT • Mario Gonzalez, representing Pepe Towing, spoke in opposition to the City's recent police towing rotational request for proposal process and contract award. • Christina Larsen, media coordinator for Occupy OC, supports immigrant rights and reform. • Lisandro Orozco, urged City Council to allow cell tower funds to be used at Madison Park for improvements; funds will enhance safety. o Councilmember Sarmiento asked City Manager to include issue at upcoming budget workshops; noted that City Council will take action (Agenda Item 23B) at tonight's meeting to award a contract for construction of Community Garden Center and Basketball Court. • Jeannie Gillett, spoke in support of preserving Sexlinger property as historic property; requested moratorium on demolition of all historic properties listed on the Santa Ana Historic Registry be agendized for consideration at next City Council meeting. • Steve Ray, representative of Old Orchard Conservancy, spoke in support of preserving Sexlinger property even if designated as historic property; opined that Environmental Impact Report (EIR) not adequate - no reasonable or historical alternatives; opined that soil at site constitutes a natural resource. • S. Keith De Wine, spoke in support of Artist Village; noted that some artists, including self, displaced by owner of Santora Building and requested assistance. o Councilmember Martinez expressed support for arts and will meet with resident. • Joese Hernandez, spoke on various matters including recent underground water contamination and need for City to include capital improvements funds in budget. CITY COUNCIL MINUTES 5 MAY 6, 2013 • Lara Montagne, representing The Grain Project, spoke in §upport of preserving the Sexlinger property, and appreciates presentations for Harvey Milk Day and Bike to School/Work Week. • Madeline Spencer, spoke on need for aggressive outreach on the Strategic Plan. • Claudia Ramirez, concerned with general fund expenses for Police/Fire services that account for more than 60% of overall budget. • Adrian Munoz, member of SACReD, requested responses posed at previous City Council meeting regarding Jail expenses. • Tixoc Ventura, member of SACReD, commented on length of presentations prior to Public Comments; had submitted petition to the City requesting additional budget meetings. • Juan Carlos Macedo, requested budget presentation materials in Spanish; suggested additional youth and social program funds be included in City budget. • Clark Casler, spoke in support of public engagement. • Natali Rodriguez, opposed to Police Department's implicit collaboration with Immigration and Customs Enforcement (ICE) to detain illegal Immigrants. • Marilyn Montano, disagree with immigration raids. • Scott Sink, opposed to criminalization of immigrants. • Lauren, urged City Council to agendize the termination of contract with ICE (on use City Jail to house illegal immigrants). • Carlos Castaneda, opined that criminalization of undocumented immigrants is a violation of basic human rights. • Carlos P., opined that human trafficking and human rights violated in the City. • Villamar, recounted family experience with ICE; urged the City Council to terminate contract. • Theresa Dang, representative of OC May Day Coalition, disconcerted with handling of request to agendize termination of ICE contract; opined that over 70% of detainees in the Santa Ana Jail do not have criminal record. • Theo Hirsh, commented on need to increase funding for additional libraries; requested item to terminate contract with ICE be agendized. • Alexis Teodoro, cited statistics of undocumented immigrants in the City; not obligated to detain residents with no criminal record. • Hairo Cortes, urged City Council to cancel contract with ICE. • Hector Rivera, requested City Council agendize consideration of contract with ICE on next agenda. • Gema Salas, opined that gentrification exist with high rent cost; asked that City Council terminate contract with ICE. • Ruth Hull, opined that discrimination of elderly and people with disabilities continues to exist; City to process notice of violations within reasonable timeframe; shortage of designated handicap parking throughout the City. • Paul Guzman, commended City for outreach efforts taken in recent months. • America Najera, Santa Ana designated as a Sanctuary City, nevertheless deportations continue; opposed to City's contract with ICE. • Sara, urged City Council to move Public Comments before Presentations. • Naui Huitzilopochtli, opined that Police need to focus on detaining criminals; stop raids. • Abel Ruiz, opposed to contract with ICE. CITY COUNCIL MINUTES 6 MAY 6, 2013 o Mayor Pro Tern Tinajero noted City's efforts and support on such issues as The Dream Act, changing the City's policy on impound of vehicles by unlicensed drivers, and broad immigrant rights issues. CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 10A through 29A with the following modifications: • Councilmember Sarmiento pulled Agenda Item 25A for separate discussion. MOTION: Martinez SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) removed for; searn sti 3"u out action or modified are highlighted Separate rpgtjgns,;show Items the actual vole `Items separate tes are adopted as part of the consent motion. ADMINISTRATIVE MATTERS MINUTES 10A MINUTES FROM THE SPECIAL MEETING OF APRIL 8, 2013 - Clerk of the Council Office MOTION: Approve Minutes. 10B MINUTES FROM THE REGULAR AND SPECIAL MEETING OF APRIL 15, 2013 - Clerk of the Council Office MOTION: Approve Minutes. 10C MINUTES FROM THE SPECIAL MEETING OF APRIL 16, 2013 - Clerk of the Council Office MOTION: Approve Minutes. CITY COUNCIL MINUTES 7 MAY 6, 2013 10D MINUTES FROM THE SPECIAL MEETING OF APRIL 29, 2013 - Clerk of the Council Office MOTION: Approve Minutes. BOARDS / COMMISSIONS / COMMITTEES 13A BOARDS AND COMMISSIONS BIANNUAL ATTENDANCE REPORT - OCTOBER 2012 THROUGH MARCH 2013 - Clerk of the Council Office MOTION: Receive and file. MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT - City Attorney's Office MOTION: Approve settlement agreements, as follow: • AGMT NO. 2013-058 - Martha Shirey v. City of Santa Ana; Workers' Compensation Appeals Board case #ADJ7274055; ADJ7274062; Settlement Agreement in the amount of $26,648.37 and lifetime future medical care. • AGMT NO. 2013-059 - Edwin Melendez v. City of Santa Ana, Orange County Superior Court Case No. 30-2012-00554467; Settlement Agreement in the amount of $13,000. • AGMT NO. 2013-060 - Karyl Frost v. City of Santa Ana, Orange County Superior Court Case No. 30-2012-00564920; Settlement Agreement in the amount of $37,500. • AGMT NO. 2013-061 - Roberta Rogers v. City of Santa Ana, Orange County Superior Court Case No. 30-2013-00623568; Settlement Agreement in the amount of $12,500. 19B EXCUSED ABSENCES - None 19C QUARTERLY REPORT OF INVESTMENTS AS OF MARCH 31, 2013 - Finance & Management Services MOTION: Receive and file. CITY COUNCIL MINUTES 8 MAY 6, 2013 19D 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 January 1, 2013 to March 31, 2013 valued at $25,000 and less. 19E DESTRUCTION OF OBSOLETE CITY RECORDS - City Manager's Office and Police Department. 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 2013-014. BUDGETARY MATTERS SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES 22A SPEC. NO. 13-016 - SEWER MANHOLE REHABILITATION AND LINING SERVICES (Public Works Agency) - Finance & Management Services MOTION: Award a contract to Zebron Contracting, Inc. for a one-year period, with provisions for three one-year renewals, in an annual amount not to exceed $75,000. PROJECTS/CHANGE ORDERS 23A CONTRACT AWARD FOR TRAFFIC SIGNAL MODIFICATION AT MCFADDEN AVENUE AND LYON STREET (PROJECT NO. 126760) - Public Works Agency MOTION: 1. Award a contract to the lowest responsible bidder, PTM General Engineering Services, in accordance with the Base Bid plus Add Alternate A, totaling $289,923 for the traffic signal modifications at McFadden Avenue and Lyon Street. 2. Approve the Cost Analysis for a total estimated project delivery cost of $362,402. CITY COUNCIL MINUTES 9 MAY 6, 2013 23B CONTRACT AWARD FOR MADISON PARK COMMUNITY GARDEN CENTER AND BASKETBALL COURT, GARFIELD COMMUNITY CENTER OVERFLOW PARKING LOT, AND MABURY PARK SECURITY LIGHTING (PROJECT NOS. 137516, 107564 & 137512 ) - Public Works Agency, Community Development Agency and Parks, Recreation and Community Services Agency) MOTION: 1. Award a contract to the lowest responsible bidder, Hondo Company, Inc., in accordance with the Base Bid, totaling $554,306 for the construction of the Madison Park Community Garden Center and Basketball Court, Garfield Community Center Overflow Parking Lot, and Mabury Park Security Lighting. 2. Approve the Cost Analysis for a total estimated project delivery cost of $747,900. 23C CONTINGENCY INCREASE FOR BROADWAY REHABILITATION; ANAHURST TO FIRST STREET (PROJECT NOS. 116736 & 116746) - Public Works Agency MOTION: Increase the contingency for the Broadway Rehabilitation Project by $80,000, which will increase the total funds available for the construction contract with All American Asphalt, Inc., to $2,767,682. AGREEMENTS e 25A FEDERAL GOVERNMENT LIAISON SERVICES - CityFManagers"'Offic Continued from the April 1, 2013 City Council meeting by a vote of 7-0. Council discussion ensued. Councilmember Sarmiento proposed continuance of 60 days. Councilmember Benavides noted that within that period, the City Council would evaluate all options that may include request for new Request for Proposal (RFP). Mayor Pro Tern Tinajero indicated that new RFP will allow for incorporation of City Council input. SUBSTITUTE MOTION: Reject all bids and direct City Manager to prepare a new Request for Proposal. MOTION: Tinajero SECOND: Martinez VOTE: AYES: Amezcua, Martinez, Tinajero (3) CITY COUNCIL MINUTES 10 MAY 6, 2013 NOES: ABSTAIN: ABSENT: Motion failed. Benavides, Reyna, Pulido, Sarmiento (4) None (0) None (0) AMENDED MOTION: Continue consideration of matter for 60 days (July 1, 2013) to review the Request for Proposal process and allow the City Manager discretion in retaining the services needed in the interim. MOTION: Sarmiento SECOND: Benavides VOTE: AYES: Benavides, Reyna, Pulido, Sarmiento (4) NOES: Amezcua, Martinez, Tinajero (3) ABSTAIN: None (0) ABSENT: 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 25B and 25C) 25B AGMT NO. 2013-064 - VOCATIONAL TRAINING AND WORK EXPERIENCE PROGRAM - With the County of Orange Social Services Agency in an amount of $1,600,000 for a term effective July 1, 2013 through June 30, 2015 - Community Development Agency 25C AGMT NO. 2013-065 - ACTIVE SHOOTER TRAINING PROGRAM, URBAN AREAS SECURITY INITIATIVE GRANT (UASI) - With Government Training Institute, Inc., in an amount not to exceed $200,000 - Police Department MISCELLANEOUS - BUDGET 29A CONSOLIDATED PLAN ANNUAL UPDATE AND SUBSTANTIAL AMENDMENTS FOR FEDERAL FUNDED COMMUNITY PLANNING AND DEVELOPMENT PROGRAMS - Community Development Agency CITY COUNCIL MINUTES 11 MAY 6, 2013 MOTION: 1. Approve the 2013-2014 Consolidated Plan Annual Update and authorize the submittal to the U.S. Department of Housing and Urban Development; 2. Approve the Substantial Amendment to the 2010/11-2014/15 Consolidated Plan and authorize its submittal to the U. S. Department of Housing and Urban Development; and 3. Approve the Substantial Amendment to the 2012-2013 Action Plan and authorize its submittal to the U. S. Department of Housing and Urban Development. **END OF CONSENT CALENDAR** BUSINESS CALENDAR ITEMS RESOLUTIONS 55A EXTENSION OF CONDITIONAL USE PERMIT NO. 2010-15 TO ALLOW A CARE HOME FOR THE ELDERLY AT 1600 EAST FIRST STREET - FARAMARZI FAMILY TRUST, APPLICANT - Planning and Building Agency MOTION: Adopt a resolution. RESOLUTION NO. 2013-017 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FOR THE EXTENSION OF CONDITIONAL USE PERMIT NO. 2010-15 FOR ONE YEAR FOR THE PROPERTY LOCATED AT 1600 EAST FIRST STREET MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Amezcua Amezcua, Benavides, Pulido, Tinajero (6) None (0) Sarmiento (1)* None (0) Martinez, Reyna, CITY COUNCIL MINUTES 12 MAY 6, 2013 *City Council reconsidered vote at same meeting after Councilmember Sarmiento recognized and declared he had a Conflict of Interest. 55B AUTHORIZE GRANT APPLICATIONS FOR MEASURE M2 ENVIRONMENTAL CLEANUP PROGRAM (TIER 1, CALL 3) - Public Works Agency MOTION: Adopt a resolution. RESOLUTION NO. 2013-018 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE SUBMITTAL OF PROJECTS TO ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE MEASURE M2 ENVIRONMENTAL CLEANUP PROGRAM MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Tinajero Amezcua, Benavides, Martinez, Reyna, Pulido, Sarmiento, Tinajero (7) None (0) None (0) None (0) REPORTS 65A ACTION ITEMS FROM CITY COUNCIL STUDY SESSION ON COUNCIL PRACTICES, POLICIES AND PROTOCOLS - City Manager's Office MOTION: 1. Effective date of the change of Council Meetings from the first and third Mondays of the month to the first and third Tuesdays of the month, effective January 1, 2014. 2. Adopt resolutions. RESOLUTION NO. 2013-019 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE CITY COUNCIL RULES AND PROCEDURES TO ESTABLISH PROCEDURES FOR CALLING SPECIAL MEETINGS, ALTERING THE AGENDA FORMAT TO PROVIDE FOR COUNCIL REPORTS, CITY COUNCIL MINUTES 13 MAY 6, 2013 CHANGING THE DAY OF REGULAR COUNCIL MEETINGS, AND REPEALING RESOLUTION NO. 2012-025. RESOLUTION NO. 2013-020 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING CERTAIN COMMITTEES OF THE CITY COUNCIL AND REPEALING RESOLUTION NO. 2013-002 REGARDING COMMITTEES OF THE CITY COUNCIL 3. Receive and file the City Council Recognition Policy. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Amezcua Amezcua, Benavides, Martinez, Reyna, Pulido, Sarmiento, Tinajero (7) None (0) None (0) None (0) PUBLIC HEARINGS 75A PUBLIC HEARING - RESOLUTION AUTHORIZING CONDEMNATION OF A PORTION OF REAL PROPERTY AT 2909 S. BRISTOL (PROJECT NO. 063510 NON-GENERAL FUND), APN 410-411-19 - Public Works Agency Legal Notice mailed to property owners on March 14, 2013. Mayor Pulido opened the Public Hearing at the April 1, 2013 City Council meeting. Daniel Wright of the Silverstein Law Firm addressed council. There were no additional speakers, Hearing closed. Continued from the April 1, 2013 and April 15, 2013 City Council meeting by a vote of 7-0. MOTION: Adopt a resolution. RESOLUTION NO. 2013-021 - 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 A PORTION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA LOCATED AT 2909 S. BRISTOL STREET (APN 410-411-19) CITY COUNCIL MINUTES 14 MAY 6, 2013 MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Amezcua Amezcua, Benavides, Martinez, Reyna, Pulido, Sarmiento, Tinajero (7) None (0) None (0) None (0) 75B PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) FY 2013-2014 - Community Development Agency Legal Notice published in the Orange County register on March 18, 2013 . Mayor Pulido opened the Public Hearing at the April 1, 2013 City Council meeting. There were no speakers and he closed the Hearing closed. Continued from the April 1 and April 15, 2013 City Council meeting by a vote of 7-0. Council discussion ensued. Councilmember Amezcua requested that City Council be involved in approval of regulations and restrictions for new CDBG funds. Councilmember Reyna requested re-direction of funds to library and Project PRIDE. Interim City Manager O'Rourke indicated that re-allocation process may allow for evaluation to fund such programs; will be forthcoming in next 60 days. Staff noted that court order does not allow for salaries to be paid out to GRIP (Gang Reduction Intervention & Prevention) program out of Toyota settlement. Mayor Pulido proposed that re-allocation of unused funds be brought back for City Council consideration in 60 days. MOTION: 1. Approve the proposed Fiscal Year 2013-2014 Community Development Block Grant Program. 2. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute memorandums of understanding. AGMT NO. 2013-066 - With City departments and agreements with nonprofit agencies awarded funds as part of the approved program CITY COUNCIL MINUTES 15 MAY 6, 2013 MOTION: Reyna SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Councilmember Reyna left the dais at 9:29 p.m. and returned at 9:32 p.m. Reyna, *Interim City Manager O'Rourke declared a potential Conflict of Interest on Agenda Item 75C and left the dais during the discussion of the matter. Interim Deputy City Manager Debbie Kurita assumed the City Manager role during consideration of Item 75B. 75C PUBLIC HEARING - TOWN AND COUNTRY MANOR TAX EQUITY AND FISCAL RESPONSIBILITY (TEFRA) REQUEST - Community Development Agency Legal Notice published in the Orange County Register on April 22, 2013. MOTION: 1. Conduct a Tax Equity and Financial Responsibility Act hearing in consideration of the issuance of tax exempt bond financing by the California Municipal Finance Authority on behalf of Town and Country Manor. 2. Adopt a resolution. RESOLUTION NO. 2013-022 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ISSUANCE OF REVENUE BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY FOR THE PURPOSE OF REFINANCING THE ACQUISITION, CONSTRUCTION AND IMPROVEMENT OF CERTAIN RETIREMENT, NURSING AND ASSISTED LIVING FACILITIES AT TOWN AND COUNTRY MANOR AND CERTAIN OTHER MATTERS PERTAINING THERETO MOTION: Sarmiento VOTE: AYES: SECOND: Tinajero Amezcua, Benavides, Sarmiento, Tinajero (6) NOES: None (0) Martinez, Pulido, CITY COUNCIL MINUTES 16 MAY 6, 2013 ABSTAIN ABSENT: None (0) Reyna (1) CITY COUNCIL RECESSED TO A JOINT SESSION WITH THE HOUSING AUTHORITY AGENCY AT 9:29 P.M. 80A JOINT ACTION BY THE CITY COUNCIL / HOUSING AUTHORITY - FUNDING ALLOCATIONS FOR THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM FISCAL YEAR 2013 - 2014 - Community Development Agency At its regular meeting on April 16, 2013, by a vote of 7-0 the Community Redevelopment and Housing Commission approved the recommended actions. MOTION: Authorize the City Manager and the Clerk of the Council to execute a cooperative agreement, subject to non-substantive changes approved by the City Manager and City Attorney. AGMT NO. 2013-067 - With the County of Orange Health Care Agency in an amount of $ 827,051 for a one-year term to provide supportive housing services to HIV/AIDS-affected individuals in the County of Orange. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Tinajero Amezcua, Benavides, Sarmiento, Tinajero (6) Martinez, Pulido, None (0) None (0) Reyna (1) CITY COUNCIL MEETING RECESSED TO THE HOUSING AUTHORITY AGENCY MEETING AT 9:30 P.M., FOLLOWED BY THE SUCCESSOR AGENCY MEETING AND RECONVENED AT 9:31 P.M. WITH SAME MEMBERS PRESENT. COMMENTS CITY COUNCIL MINUTES 17 MAY 6, 2013 90A 90B CITY MANAGER'S COMMENTS - None CITY COUNCILMEMBER COMMENTS Councilmember Martinez: • Thanked speakers and encouraged public participation; • City Council to consider all options on contract with ICE; • City to investigate allegation that resident disrespected at Council Meeting by a police officer - dignity and respect a top priority; and • Love and appreciate mother and wished all a Happy Mother's Day. Councilmember Sarmiento: • Echoed comments by Councilmember Martinez on Mother's Day; • Noted that City Council has limited jurisdiction on immigration reform matters; any misconceptions of raids and ICE contract will be clarified by Acting Police Chief Carlos Rojas; and • Commented on successful Cinco de Mayo Celebration held over the weekend in Downtown Santa Ana. initiatives that promote immigrant rights; • Acknowledged Saddleback High School': victory; • Congratulated the 1St Santa Ana based placing 1St; • Happy Mother's Day. Mayor Pro Tern Tinajero: • Reflected on City Council's support of The Dream Act and other Soccer team on recent Travel Baseball Team on Councilmember Amezcua: • As daughter of immigrant parents, strongly supports Dream Act and immigrant rights; • Encouraged all to shop in Santa Ana; and • Happy Mother's Day to all. Councilmember Reyna: • Request more information on GRIP (Gang Reduction Intervention & Prevention) Program and $8 million impact to the City; • Encouraged all to attend the Relay for Life event to be held on June 1 st and June 2nd at Valley High School; • Love and appreciate mom's on their special day; and • Support Santa Ana businesses. Councilmember Benavides: • As chair of Public Safety Council Committee request that ICE contract be agendized for consideration and discussion; stand for dignity for all; CITY COUNCIL MINUTES 18 MAY 6, 2013 • Request staff agendize resolutions to support immigration reform and oppose removal of fire rings at local beaches on next City Council Agenda; • Reported that Strategic Plan Ad Hoc Committee has reviewed timeline for outreach and implementation; will require amendment to Sunshine Ordinance to modify adoption date; • Supports earmark of cell tower funds to City parks, such as Madison Park; • Asked that all shop in Santa Ana. Mayor Pulido: • Expressed support for placing agenda item on the next City Council Meeting to consider City's position on fire rings; reported that on behalf of Air Quality Management District (AQMD) he and Huntington Beach's Mayor will be holding a public hearing on May 17th to consider matter; also, stated that Santa Ana will be hosting meeting with other Mayors from across Orange County on May 15th to discuss issue; • Attended Cinco de Mayo celebrations; well attended and no incidents reported; • Wished all a Happy Mother's Day; and • Adjourned meeting in memory of retired Santa Ana Police Officer Jose Vargas. ADJOURNED- 9:59 p.m. - Special meeting of the City Council is scheduled for Tuesday, May 7, 2013 at 5:00 p.m., at the City Hall, Ross Annex, Room 1600, 20 Civic Center Plaza, Santa Ana, California. Adjourn in Memory of Retired Santa Ana Police Officer Jose Vargas Maria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Street Car Project Locally Preferred Alignment • Ordinance Addressing Homeless Shelters as per Requirements in SB 2 • Janitorial Services for Police Admin/Jail • Study Session on Entertainment Ordinance CITY COUNCIL MINUTES 19 MAY 6, 2013