HomeMy WebLinkAbout10A - MINUTES - 06-17-13MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
JUNE 17, 2013
CLOSED SESSION MEETING
CALLED TO ORDER
ATTENDANCE
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
5:20 P.M.
COUNCILMEMBERS Present:
ANGELICA AMEZCUA
P. DAVID BENAVIDES
MICHELE MARTINEZ
VINCENT F. SARMIENTO
COUNCILMEMBERS Absent:
SAL TINAJERO, Mayor Pro Tern
MIGUEL A. PULIDO, Mayor
ROMAN A. REYNA
STAFF Present:
KEVIN O'ROURKE, Interim City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
Quorum was established thru presence of Councilmembers Amezcua, Benavides,
Martinez, and Sarmiento.
MOTION: Elect Councilmember Martinez as Chair (pursuant to SAMC 2-
101 due to unavailability of Mayor and Mayor Pro Tem).
MOTION: Benavides SECOND: Amezcua
VOTE: AYES: Amezcua, Benavides, Martinez, and Sarmiento (4)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Pulido, Reyna, Tinajero (3)
CITY COUNCIL MINUTES 1 JUNE 17, 2013
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PUBLIC COMMENTS - None
COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:21 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)
• John Doe v. City of Santa Ana; United States District Court Case No.
SACV13-696 CJC (RNBx)
• City of Santa Ana v. Fred and Brenda Orgeron, et al.; Orange County
Superior Court Case No. 30-2013-00630844
1 B CONFERENCE WITH LEGAL COUNSEL-THREAT OR
ANTICIPATED/POTENTIAL LITIGATION pursuant to Government Code
Section 54956.9(b)
City of Santa Ana v. Santa Ana California Lodge, LLC Property 2909 So.
Bristol Street
1C LIABILITY CLAIMS pursuant to Government Code Section 54956.95
Claimants: 21St Century Insurance as subrogee for Tony Tong (vehicle
owner) Hoang M. Tong (driver), Claim No. 2012-091.
1 D PUBLIC EMPLOYEE - APPOINTMENT AND PERFORMANCE
EVALUATION pursuant to Government Code Section 54957(b)(1)
Title: City Manager
1 E 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'
CITY COUNCIL MINUTES 2 JUNE 17, 2013
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International Union (SEIU) Full-Time
Employees
CLOSED SESSION REPORT - See Item 19A. for Report.
ADJOURNED THE CLOSED SESSION MEETING AT 6:12 P.M. AND CONVENED TO
THE REGULAR OPEN MEETING
CITY COUNCIL MINUTES 3 JUNE 17, 2013
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REGULAR OPEN SESSION
CALLED TO ORDER
ATTENDANCE
INVOCATION
PLEDGE OF ALLEGIANCE
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
6:20 P.M.
COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor (6:37 p.m.)
ANGELICA AMEZCUA
P. DAVID BENAVIDES
MICHELE MARTINEZ
ROMAN A. REYNA (6:17 p.m.)
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
DOUG HARDIN, POLICE CHAPLAIN
COUNCILMEMBER SARMIENTO
CLOSED SESSION REPORT - See report under Agenda Item 19A.
PUBLIC COMMENT
• Manuel Pena, commented on need for a Hispanic Affairs Office to enhance
relationship between community and Police Department.
• Gwenn Norton-Perry, Executive Director of Orange County Council of Governments
(OCCOG), introduced self and thanked the City Council for past support; noted that
OCCOG now self-standing organization that will focus of sustainable community
strategies.
• Mathew Southgate, eager to participate in strategic plan; commented on budget,
opined that disproportionate amount of funding spent on public safety, City to focus
more resources on community services.
• Peter Katz, commented on recent event hosted by Metrolink from Santa Ana to San
Juan Capistrano; opined that Go-Local Program could be huge success and bring
outsiders into community; thanked Councilmember Martinez for promoting public
transportation.
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JUNE 17, 2013
• Pocha Pena, Director of OC Film Fiesta, spoke in support of including educational
and arts program under strategic plan; City should be tourist destination; consider
tourism or cultural council.
• Victor Payan, representing OC Film Fiesta, invited all to upcoming free Festival;
spoke in support of proposed Business Improvement District (BID); noted that 4th
Street is street of dreams with so much to offer; proposed voluntary donation of $.01
in sales take to focus on arts.
• Alex Vega, spoke about baseball league monopoly on field appropriations.
• Jose Lopez, member of SACReD, thanked the City Council for good job reducing
crime, has seen improvements to City since moving in 1990.
• Carl Benningan, thanked the City Council for scheduling Public Safety Council
Committee meeting; informed all that Comlink will be recognizing "Neighborhood
Hero" and "Most Beautiful Yard" awards; thanked Orange County Register for the
new Santa Ana Community newspaper.
CONSENT CALENDAR ITEMS
MOTION: Approve Consent Calendar Items 10A through 32C with the
following modifications:
• Councilmember Martinez pulled Agenda Item 11 A, 19D, and 25A for separate
discussion.
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Benavides
Amezcua, Benavides,
Sarmiento (6)
Martinez, Reyna, Pulido,
None (0)
None (0)
Tinajero (1)
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.
ADMINISTRATIVE MATTERS
MINUTES
10A MINUTES OF THE SPECIAL MEETING OF MAY 28, 2013 - Clerk of the
Council Office
CITY COUNCIL MINUTES 5 JUNE 17, 2013
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MOTION: Approve Minutes.
10B MINUTES OF THE REGULAR MEETING OF JUNE 3, 2013 - Clerk of the
Council Office
MOTION: Approve Minutes.
10C MINUTES OF THE SPECIAL MEETING OF JUNE 12, 2013 - Clerk of the
Council Office
MOTION: Approve Minutes.
ORDINANCES/SECOND READING
In the event a Councilmember recorded an "abstention" before consideration of the following
ordinance(s) on first reading, such abstention will also be reflected in the minutes for second reading.
11A ORDINANCE AMENDING SECTIONS 2-155 AND 2-157 OF THE
MUNICIPAL CODE THE SUNSHINE ORDINANCE
Placed on first reading at the June 3, 2013 City Council meeting and
approved by a vote of 7-0.
Published in the Orange County Reporter on June 7, 2013.
Correspondence received from SACReD dated June 17, 2013.
Councilmember Martinez proposed a one-year moratorium. City Attorney
Carvalho indicated that proposed ordinance is not restricted to one year.
Councilmember Sarmiento clarified that a one-year time line was his initial
request at the previous City Council meeting; one year adjustment to
provide staff flexibility in meeting budget outreach and strategic plan
deadlines, next year revert to original dates; City to provide target date for
outreach meetings, like Budget process, on the Strategic Plan.
City Attorney Carvalho recommended approval of ordinance as proposed
to avoid violating timeline and amending ordinance at later date with
requested changes by City Council.
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NO. NS-2843 - AN ORDINANCE OF THE CITY OF SANTA
ANA AMENDING SECTIONS 2-155 AND 2-157 OF THE SANTA ANA
MUNICIPAL CODE RELATING TO THE CITY OF SANTA ANA
SUNSHINE ORDINANCE
CITY COUNCIL MINUTES 6 JUNE 17, 2013
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MOTION: Sarmiento
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Martinez
Amezcua, Benavides,
Pulido, Sarmiento (6)
Martinez, Reyna,
None (0)
None (0)
Tinajero (1)
BOARDS / COMMISSIONS / COMMITTEES
13A COUNCIL COMMITTEE REPORTS - Public Works Agency
MOTION: Receive and file the Development (Land Use) &
Transportation Council Committee Minutes of April 22, 2013.
MISCELLANEOUS ADMINISTRATION
19A CLOSED SESSION REPORT - City Attorney's Office
MOTION: Approve settlement agreements as follows:
• John Doe v. City of Santa Ana; United States District Court Case No.
SACV13-696 CJC (RNBx). City Council provided direction to legal
counsel.
• AGMT. NO. 2013-089 - City of Santa Ana v. Fred and Brenda Orgeron,
et al.; Orange County Superior Court Case No. 30-2013-00630844.
Settlement authority up to $10,000.
• AGMT NO. 2013-090 - Claimants: 21St Century Insurance as subrogee
for Tony Tong (vehicle owner) Hoang M. Tong (driver), Claim No.
2012-091. Settlement agreement in the amount of $17,020.
19B EXCUSED ABSENCES - Clerk of the Council Office
MOTION: Excuse the absence of Mayor Pro Tern Tinajero from the
June 17, 2013 City Council meeting.
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JUNE 17, 2013
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19C REQUEST FOR PROPOSALS TO DESIGN-BUILD STREETLIGHT
UPGRADES TO REPLACE OBSOLETE HIGH VOLTAGE
STREETLIGHTS SYSTEM - Public Works Agency
MOTION: Authorize the Public Works Agency to publish a Request
for Proposals and invite qualified firms to submit proposals for the
design and construction of streetlight upgrades at various city
locations where there are obsolete high voltage lighting systems.
19D CANCELLATION OF AUGUST 19, 2013 CITY COUNCIL MEETING - City
Manager's Office
Interim City Manager O'Rourke explained that many cities cancel some
meetings during summer, and approval/disapproval is at City Council's
discretion. Proposed that in January, City Council set meetings for the
year and approve any cancellations at that time.
MOTION: Direct the Clerk of the Council to post a Notice of
Cancellation for the regularly scheduled City Council meeting
scheduled for August 19, 2013 and that the City Council hereby
waives notice of said meetings as required by the Government Code.
MOTION: Martinez SECOND: Amezcua
VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido
(5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Sarmiento, Tinajero (2)
BUDGETARY MATTERS
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
MOTION: Award in accordance with Request for Council Action.
(Items 22A through 22D)
22A SPEC. NO. 11-009 - VEHICLE TIRES - Renew the contract with
Parkhouse Tire, Inc. for a one-year period in an amount not to exceed
$120,000 - Finance & Management Services
CITY COUNCIL MINUTES 8 JUNE 17, 2013
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22B SPEC. NO. 13-027 - HP SUPPORT AND MAINTENANCE CONTRACT
FOR ENTERPRISE VIRTUAL ARRAY STORAGE - Award a contract to
Govplace in the amount not to exceed $28,900 - Finance & Management
Services
22C SPEC. NO. 13-030 - TWO ELECTRIC UTILITY VEHICLES - Award a
contract to The Electric Car Company of Long Beach in an amount not to
exceed $70,600 - Finance & Management Services
22D SPEC. NO. 13-031 - FIRE ALARM SYSTEMS MAINTENANCE AND
TIME CLOCK SUPPLIES - Award a contract to Simplex Grinnell for a one-
year period, with provisions for three one-year renewals, in an annual
amount not to exceed $50,000 - Finance & Management Services
AGREEMENTS
25A AGMT NO. 2013-091 - BEVERAGE AND/OR SNACKS SERVICES AT
CITY OWNED PROPERTIES Parks, Recreation & Community Services
Agency
Gerardo Mouet, Executive Director of Parks, Recreation and Community
Services noted that vendor will provide 50% healthy snack options.
MOTION: Authorize the City Manager and Clerk of the Council to
execute an agreement with Automated Vending Technologies, Inc.
(AVT) for a one-year term, with the option of extending the
agreement for five additional one-year terms, subject to non-
substantive changes approved by the City Manager and City
Attorney
MOTION: Martinez SECOND: Benavides
VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido,
Sarmiento (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Tinajero (1)
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
CITY COUNCIL MINUTES 9
JUNE 17, 2013
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actions as noted on the Request for Council Action report. (Item 25B
through 25E)
25B INSTRUCTORS FOR THE LEISURE SERVICES PROGRAM - Parks,
Recreation & Community Services Agency
• AGMT NO. 2013-092 - With Martin Torres for Karate Do Kai
instructions for a two-year term in an amount of $30,000 per year.
• AGMT NO. 2013-093 - With Choc Le for Tae Kwon Do instructions for
a two-year term in an amount of $30,000 per year.
• AGMT NO. 2013-094 - With Melina Herrera for Care Bear Academy
instructions for a two-year term in an amount of $30,000 per year.
25C AGMT NO. 2013-095 - DOWNTOWN GENERAL MAINTENANCE
SERVICES AND GUARDRAIL, BOLLARD, AND CHAIN-LINK FENCE
REPAIR - With Orange County Contractors Services dba Orange County
Mailboxes and Construction for an amount not to exceed $55,000 through
June 30, 2014 - Public Works Agency and Community Development
Agency
25D AGMT NO. 2013-096 - FATS, OILS, & GREASE PROGRAM
MANAGEMENT SERVICES - With Environmental Engineering and
Contracting, Inc. for an amount not to exceed $300,000 - Public Works
Agency
25E AGMT NO. 2013-097 - MEDIAN LANDSCAPE MAINTENANCE
SERVICES - With Mariposa Landscapes, Inc., for a not-to-exceed amount
of $628,160 with an option for two, two-year extensions - Public Works
Agency
TENTATIVE PARCEL/TRACT MAPS
32A TENTATIVE TRACT MAP NO. 2013-01 TO ALLOW A SUBDIVISION FOR
CONDOMINIUM PURPOSES FOR A 10-UNIT RESIDENTIAL
DEVELOPMENT AT 806 EAST SANTA ANA BOULEVARD - BILL
MCREYNOLDS, CITY VENTURES, INC., APPLICANT - Planning and
Building Agency
Recommended Action approved by the Planning Commission on May 28,
2013 by a 6-0 vote (Yrarrazaval absent).
CITY COUNCIL MINUTES 10 JUNE 17, 2013
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MOTION: Receive and file the staff report approving Tentative Tract
Map No. 2013-01 (County Map No. 17498) as conditioned.
32B TENTATIVE TRACT MAP NO. 2013-02 TO ALLOW A SUBDIVISION FOR
CONDOMINIUM PURPOSES FOR AN EIGHT-UNIT RESIDENTIAL
DEVELOPMENT AT 620 EAST FIFTH STREET - BILL MCREYNOLDS,
CITY VENTURES, INC., APPLICANT - Planning and Building Agency
Recommended Action approved by the Planning Commission on May 28,
2013 by a 6-0 vote (Yrarrazaval absent).
MOTION: Receive and file the staff report approving Tentative Tract
Map No. 2013-02 (County Map No. 17406) as conditioned.
32C TENTATIVE TRACT MAP NO. 2013-03 TO ALLOW A SUBDIVISION FOR
CONDOMINIUM PURPOSES FOR A SEVEN-UNIT RESIDENTIAL
DEVELOPMENT AT 609 NORTH GARFIELD STREET - BILL
MCREYNOLDS, CITY VENTURES, INC., APPLICANT - Planning and
Building Agency
Recommended Action approved by the Planning Commission on May 28,
2013 by a 6-0 vote (Yrarrazaval absent).
MOTION: Receive and file the staff report approving Tentative Tract
Map No. 2013-03 (County Map No. 17499) as conditioned.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR ITEMS
*Councilmember Martinez reported a potential conflict of interest on Agenda Item 12A
due to residency within 500 feet of subject area, and left the dais for the duration of
discussion.
NOTICE OF INTENT TO HOLD A PUBLIC HEARING
12A DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT
INTENT TO LEVY ASSESSMENT FOR 2013 - Community Development
Agency
Recommended Action approved by the Community Redevelopment and
Housing Commission on June 4, 2013 by a 5-2 vote (Bist and Sandoval
dissenting).
CITY COUNCIL MINUTES 11 JUNE 17, 2013
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Councilmember Amezcua proposed a continuance since only 21
businesses attended meetings set by City, that invited more than 600
businesses. City Attorney Carvalho indicated that extensive outreach
done. Interim Executive Director of Community Development Sandy
Gottlieb, indicated that certified letters were sent and hand delivered to
those that had returned receipt letters; correspondence sent in Spanish
and English on meetings scheduled
Councilmember Sarmiento asked for clarification on boundaries. Interim
City Manager O'Rourke noted that boundaries same as 1993; Engineering
Reports and cost benefit have been done;
Councilmember Reyna, encouraged all businesses be contacted.
Councilmember Benavides noted that when PBID was disestablished, City
made commitment to allow BID to establish if businesses interested.
City Attorney clarified that BID was not staff driven; settlement agreement
with Downtown Inc. indicated that City to work with all downtown groups;
will have $189k of in-kind services to pay if BID does not get approved;
concept was to identify 2 groups that promote their type of businesses;
downtown merchants group would be separate than entertainment
oriented group
Mayor Pulido, indicated that when PBID dissolved both groups spoke
about benefit of BID; BID approval is business based instead of property
based and requires protest vote.
MOTION:
1. Approve the 2013 Assessment Report and budget for the
Downtown Santa Ana Business Improvement District.
2. Adopt a resolution.
RESOLUTION NO. 2013-027 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS
INTENTION TO LEVY AN ASSESSMENT FOR THE DOWNTOWN
SANTA ANA BUSINESS IMPROVEMENT AREA FOR THE YEAR 2013
3. Establish a time and place for a public hearing to be held by the
City Council on July 1, 2013 to hear and consider all protests.
MOTION: Benavides SECOND: Sarmiento
VOTE: AYES: Benavides, Reyna, Pulido, Sarmiento (4)
NOES: Amezcua (1)
CITY COUNCIL MINUTES 12
JUNE 17, 2013
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ABSTAINED Martinez (1)
AND NOT
PRESENT:
ABSENT: Tinajero (1)
PROJECTSICHANGE ORDERS
23A
23B
CONTRACT AWARD FOR WESTMINSTER AVENUE SEWER
IMPROVEMENTS (PROJECT 126605) - Public Works Agency
MOTION:
1. Award a contract to the lowest responsible bidder, Vasilj, Inc., in
accordance with the Base Bid, totaling $1,006,281.50 for the
construction of Westminster Avenue Sewer Improvements
Project.
2. Approve the Cost Analysis for a total estimated project delivery
cost of $1,286,219.50.
3. AGMT NO. 2013-098 - Approve the Westminster Avenue Sewer
Project Construction and Reimbursement Agreement, subject to
non-substantive changes approved by the City Manager and City
Attorney with the Garden Grove Sanitary District.
MOTION: Sarmiento
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Benavides
Amezcua, Benavides,
Pulido, Sarmiento (6)
Martinez, Reyna,
None (0)
None (0)
Tinajero (1)
CONTRACT AWARD FOR MAPLE STREET BIKE TRAIL STORM DRAIN
CDS PROJECT (PROJECT NO. 136793) - Public Works Agency
MOTION:
CITY COUNCIL MINUTES 13 JUNE 17, 2013
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1. Award a contract to the lowest responsible bidder, Fleming
Environmental, Inc., in accordance with the base bid totaling
$153,940 for the construction of the Maple Street Bike Trail Storm
Drain CDS Project.
2. Approve the Cost Analysis for a total estimated project delivery
cost of $200,122.
MOTION: Sarmiento
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
AGREEMENTS (Non-routine)
SECOND: Benavides
Amezcua, Benavides,
Pulido, Sarmiento (6)
Martinez, Reyna,
None (0)
None (0)
Tinajero (1)
25F AMENDMENT TO AGREEMENT WITH CLEAR CHANNEL OUTDOOR,
INC., AND REQUEST FOR PROPOSALS FOR BUS SHELTER AND
BENCH SERVICES - Public Works Agency
MOTION:
1. Authorize the Public Works Agency to extend the bus shelter and
bus bench services agreement, subject to non-substantive
changes approved by the City Manager and City Attorney.
AGMT NO. 2013-099 - AMENDMENT - With Clear Channel Outdoor,
Inc., for a period not to exceed 12 months, on a month-to-month basis.
2. Approve issuance of a Request for Proposals (RFP) to qualified
firms for exclusive bus shelter and bus bench services.
MOTION: Sarmiento
VOTE: AYES:
NOES:
ABSTAIN:
SECOND: Benavides
Amezcua, Benavides,
Pulido, Sarmiento (6)
Martinez, Reyna,
None (0)
None (0)
CITY COUNCIL MINUTES 14 JUNE 17, 2013
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ABSENT: Tinajero (1)
25G
MANAGEMENT AND OPERATION OF THE CABRILLO TENNIS
CENTER - Parks, Recreation & Community Services Agency
Continued from the June 4, 2013 City Council meeting by a vote of 7-0.
Councilmember Sarmiento motioned for a 2-week continuance for
opportunity to discuss augmenting programs offered at site.
Councilmember Benavides requested background and overview of tennis
center.
City Attorney Carvalho proposed a 30-day extension with existing provider
to allow for continuation of services.
Mayor Pulido commented that additional programs should be considered.
Councilmember Sarmiento clarified that current services will remain same
and if second provider approved would be through separate agreement or
amending contract to include services through non-profit.
City Attorney Carvalho indicated that City to include language to allow
some type of opener to preserve status quo, however still provide
opportunity to amend. Proposed contract includes notice period; once
notice of renewal provided would extend term of contract.
Councilmember Reyna expressed concern with 5-year contract with
extensions allowing up to 20 year contract.
AMENDED MOTION: Continue consideration of matter for 2 weeks,
(July 1, 2013 City Council Meeting) and approve a 30-day extension
with current provider.
MOTION: Sarmiento
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
Mayor Pulido left the room at 7:24 p.m.
SECOND: Pulido
Amezcua, Benavides,
Pulido, Sarmiento (6)
Martinez, Reyna,
None (0)
None (0)
Tinajero (1)
CITY COUNCIL MINUTES 15
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ORDINANCES/FIRST READING
50A ORDINANCE AND RESOLUTION REGARDING ADMINISTRATIVE
FINES RELATING TO CODE ENFORCEMENT VIOLATIONS - Police
Department and Planning and Building Agency
City Attorney Carvalho and Executive Director of Planning and Building
Trevino provided background information on proposed property citation
program; resolution brings us in par with neighboring cities' fees and
allows stronger tool on enforcement of medical marijuana dispensaries
and other matters.
MOTION:
1. Place ordinance on first reading and authorize publication of title.
ORDINANCE NO. 2845 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AMENDING CHAPTER 1 OF THE
SANTA ANA MUNICIPAL CODE REGARDING SETTING THE
AMOUNT OF ADMINISTRATIVE CITATION FINES AND PENALTIES
2. Adopt a resolution.
RESOLUTION NO. 2013-028 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA SETTING
ADMINISTRATIVE FINES FOR VIOLATING PROVISIONS OF THE
SANTA ANA MUNICIPAL CODE
MOTION: Benavides
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
Mayor Pulido returned at 7:26 p.m.
RESOLUTIONS
SECOND: Sarmiento
Amezcua, Benavides,
Sarmiento (5)
Martinez, Reyna,
None (0)
None (0)
Pulido, Tinajero (2)
55A ANNUAL STATEMENT OF INVESTMENT POLICY FOR JULY 2013/2014
- Finance & Management Services Agency
CITY COUNCIL MINUTES 16
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JUNE 17, 2013
Treasury Manager Duarte provided background information on Investment
Policy; State establishes guidelines; City has conservative portfolio.
MOTION:
1. Adopt a resolution.
RESOLUTION NO. 2013-029 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA APPROVING THE CITY'S
STATEMENT OF INVESTMENT POLICY
2. Receive and file the Annual Statement of Investment Policy.
MOTION: Benavides
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Martinez
Amezcua, Benavides,
Pulido, Sarmiento (6)
Martinez, Reyna,
None (0)
None (0)
Tinajero (1)
55B AMENDMENT TO RESOLUTION NUMBER 2001-065 TO PROVIDE FOR
CONTINUATION OF ADDITIONAL PARTIALLY-PAID TEMPORARY
MILITARY LEAVE OF ABSENCE FOR CITY EMPLOYEES CALLED TO
ACTIVE DUTY - Personnel Services Agency
MOTION: Adopt a resolution.
RESOLUTION NO. 2013-030 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 2001-065
TO PROVIDE FOR CONTINUATION OF ADDITIONAL PARTIALLY-PAID
TEMPORARY MILITARY LEAVE OF ABSENCE FOR CITY EMPLOYEES
CALLED TO ACTIVE DUTY WITH THE ARMED FORCES AND
CONTINUATION OF BENEFITS FOR THEIR DEPENDENTS
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN:
SECOND: Reyna
Amezcua, Benavides,
Pulido, Sarmiento (6)
None (0)
None (0)
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Martinez, Reyna,
CITY COUNCIL MINUTES
JUNE 17, 2013
ABSENT: Tinajero (1)
OCAAnTC
65A APPOINTMENT OF ALTERNATE MEMBER TO THE ORANGE COUNTY
COUNCIL OF GOVERNMENTS (OCCOG) BOARD - Clerk of the Council
Office
MOTION: Select Councilmember Benavides as an alternate member
to the Orange County Council of Governments (OCCOG).
MOTION: Sarmiento
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
PUBLIC HEARINGS
SECOND: Martinez
Amezcua, Benavides,
Pulido, Sarmiento (6)
Martinez, Reyna,
None (0)
None (0)
Tinajero (1)
75A PUBLIC HEARING - REPORT ON WATER QUALITY RELATIVE TO
PUBLIC HEALTH GOALS - Public Works Agency
Legal Notice published in the O.C. Reporter on June 7, 2013.
Mayor Pulido opened the Hearing. There were no speakers or written
communication; and the Hearing closed.
Councilmember Sarmiento noted that water issues and pollution hot topic;
will have speaker from Orange County Water District at next City Council
meeting; would like water report available to public.
MOTION: Accept the report on Water Quality Relative to Public
Health Goals.
MOTION: Sarmiento
VOTE: AYES:
SECOND: Martinez
Amezcua, Benavides, Martinez, Reyna,
Pulido, Sarmiento (6)
CITY COUNCIL MINUTES 18 JUNE 17, 2013
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NOES: None (0)
ABSTAIN: None (0)
ABSENT: Tinajero (1)
75B PUBLIC HEARING OPENED AND CLOSED ON JUNE 3, 3013:
ORDINANCE AND RESOLUTIONS - ADOPTION OF TWO-YEAR
BUDGET FISCAL YEARS 2013-15; MISCELLANEOUS FEE INCREASES
AND CITY'S BASIC CLASSIFICATION AND COMPENSATION PLANS -
City Manager's Office and Finance & Management Services Agency
Legal Notice for public hearing published in the Orange County Register
on May 24 and 31, 2013. Ordinance title published in the Orange County
Register on June 7, 2013.
The City Council approved first reading of ordinance by a vote of 6-0
(Pulido absent) at the June 3, 2013 City Council meeting.
Additional correspondence received from SACReD and Washington
Square Neighborhood Association dated June 17, 2013.
Mayor Pulido accepted additional Public Comment on item:
¦ Rob Richardson, Vice President of Santa Ana Unified School District
Board, spoke about need for school district to retain SAUSD Police
Chief Valentine. Suggested one-year extension of his assignment at
the school district. Joint Council/SAUSD meeting discussed matter;
thanked City for partnerships in the past.
¦ Mary Ann Castillo, 30 year resident of City; has volunteered at local
schools; reviewed budget and requested more parks and community
programs with health and prevention a priority; spoke in Sacramento to
legislators about need for such programs.
¦ Veronica Ramirez, representing Kidworks, thanked City for recent
accomplishments and request that more funds be appropriated for
parks; some streets do not have street signals.
¦ Elizabeth Cervantes, representing Kidworks and Bella Vista
Association, thanked Council for improvements at Jerome Park; enjoy
seeing residents at park; need programs throughout the year not just
summer months.
¦ Juan Carlos Macedo, SACReD member, thanked City for answering all
questions on budget; opined that children do not have enough after
school programs; budget to focus on early prevention.
¦ Manuela Lopez, SACReD member, spoke about need for additional
libraries, safe neighborhoods, transparency in government and
community engagement; City to respect undocumented residents;
CITY COUNCIL MINUTES 19 JUNE 17, 2013
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opposed to Jail's contract with ICE; concerned with Floral Park
appropriation of more than $250,000 for improvements; some
neighborhoods abandoned like
Community Center programming
Department.
Lacy, important to have Garfield
fully funded; build trust with Police
¦ Clark Casler, thanked City Council for efforts in implementing proposal
on Sunshine Ordinance; proposed that budget meeting be designated
on specific months.
¦ Adrian Munoz, SACReD member, thanked City Council for allowing
community to participate in budget process; jail funds to be directed to
libraries and youth programs.
¦ Alondra Ampos, SACReD member, concerned with budget allocation
to Bowers Museum,
¦ Angie Aparicio, request improvements at Alona Park - security issues
and maintenance of bathrooms; lack of open space contribute to
obesity; City has made some improvements; but more needed.
• Ana Charco, spoke in support of skateboard park.
¦ Miguel Nieto invited all to attend upcoming skate-a-thon event.
¦ Beatrice Fernandez, Santa Ana Skateboarding Coalition, spoke in
support of additional skate parks - growing sport; parks are flexible in
design and good investment in our youth; consider allocating funds;
submitted petition for record.
¦ Jaime Espinosa, park needs improvements; proposed 5 parks in each
Ward; designed Santa Ana skate park 10 years ago.
¦ Pocha Pena, spoke in support of cultural and arts programs; Santa
Ana has largest concentration of historic buildings in Orange County;
proposed increasing film permit fees.
¦ Victor Payan, proposed public incentives for arts programs.
Councilmember Martinez thanked residents for public participation and
SACReD for active engagement; Council listening to proposals; Police
budget includes bond repayment use asterisks to identify that line item
next budget to be more transparent. Does not support water fund transfer
to general fund.
Councilmember Sarmiento recognized staff for thorough review of budget;
City has overcome $30 million deficit last year; proposed budget will end
furlough's with some of our bargaining groups; 74 vacancies will be filled;
will together be able to provide better services to our residents; code
enforcement will add staff; strategic plan will help guide the City including
economic development; update the General Plan; City has added 22
acres of open space in past 6 years;
Councilmember Benavides expressed gratitude to all for engagement and
Interim City Manager for inclusive process and restricting and
true/sustainable allocation of funds; labor negotiations underway and
assumptions included in budget; not all proposals incorporated into budget
adoption, but will have opportunity in near future to integrate into Strategic
CITY COUNCIL MINUTES 20
JUNE 17, 2013
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Plan; value input; asked about relationship with SAUSD and request by
school district to retain Police Lieutenant at schools; approve staff
recommendation; will continue to help school district with transition
Acting Police Chief Carlos Rojas presented information on general fund
cost to City for assigning Police staff to Santa Ana Unified School District.
Councilmember Martinez recognized School Boardmember Richardson
for coming out to speak; under current management staffing we need to
better staff our department; continue partnership, but in other ways;
proposed 120 day transition; other subsidized positions like the one at the
Main Place Mall will be re-assigned; have accomplished great strides like
open space through team effort and want to continue on that path.
Councilmember Reyna shared sentiments of colleagues; spoke of need to
recoup and keep funds in our City; encourage all to continue to engage in
budget process.
Councilmember Amezcua noted that as a teacher, safety is important,
noted that at joint meeting discussed extension of transition; thanked staff
for putting budget together; encouraged all to continue engagement; City
will have mid-year review.
Interim City Manager O'Rourke proposed re-designating funds from one
(1) Deputy City Manager to two (2) Sr. Management Assistants to provide
additional staff support to the City Council.
Councilmember Martinez amended recommendation and Councilmember
Amezcua supplemented amendment.
Interim City Manager O'Rourke noted that proposed amendments to
budget are on-going expenses reduced from General Plan Update funds
that are one-time fees. Encouraged City Council to review budget during
mid-year review.
Councilmember Benavides proposed adjustments to Miscellaneous Fee
Schedule. Councilmember Martinez seconded friendly amendment to
motion.
AMENDED MOTION: Move that the proposed budget be approved
with the following modifications:
1. Reduce the allocation for the General Plan/Zoning Ordinance
Update in the Non-Departmental appropriation for 2013-14 by
$541,000 and reallocate those monies to the Parks, Recreation
and Community Services Department as follows:
• $64,000 in 2013-14 for Willard Joint-Use Park staffing;
CITY COUNCIL MINUTES 21 JUNE 17, 2013
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• $100,000 in 2013-14 for Garfield Community Center staffing;
• $25,000 for the Fourth of July Event budgeted in the 2013-14 year;
• $ 128,000 in 2014-15 for Willard Joint-Use Park staffing;
• $199,000 in 2014-15 for Garfield Community Center staffing; and
• $25,000 for the Fourth of July Event budgeted in the 2014-15 year;
• Direct staff to identify the appropriation of the $541,000 to the
General Plan/Zoning Ordinance Update as the first priority for any
funds available at the mid-year budget review.
2. Direct the City Manager to include within the mid-year budget
review a report on:
• projected on-going revenues as well as cost savings; and
• the service level impacts in the Code Enforcement Division and all
City agencies resulting from both the return of the furlough hours
and the increase in personnel already included in the 2013-14
budget.
3. Consider the appropriation of increased funding to the Code
Enforcement Division for staffing as an additional priority for any
additional on-going funds.
4. Adjust Uniform Schedule of Miscellaneous Fees to reduce
parking permit fee to $60.00 and utility services set-up fee to $35.
00.
5. Place ordinance on second reading and adopt.
ORDINANCE NO. NS-2844 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA APPROPRIATING MONIES
TO THE SEVERAL OFFICES, AGENCIES AND DEPARTMENTS OF
THE CITY FOR A TWO YEAR BUDGET PERIOD COMMENCING
JULY 1, 2013
6. Adopt resolutions as revised.
RESOLUTION NO. 2013-031 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A
UNIFORM SCHEDULE OF MISCELLANEOUS FEES FOR FISCAL
YEAR 2013-2014 AND REPEALING IN PART RESOLUTION NO.
2012-022 (Revised)
RESOLUTION NO. 2013-032 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION
NOS. 82-110, 91-066 AND 96-095 TO EFFECT CERTAIN CHANGES
TO THE CITY'S BASIC CLASSIFICATION AND COMPENSATION
PLANS
CITY COUNCIL MINUTES 22 JUNE 17, 2013
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MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
90A
90B
SECOND: Amezcua
Amezcua, Benavides,
Pulido, Sarmiento (6)
Martinez, Reyna,
None (0)
None (0)
Tinajero (1)
COMMENTS
CITY MANAGER'S COMMENTS
Interim City Manager O'Rourke thanked City staff for hard work in
producing and finalizing Budget; impressed with professionalism
CITY COUNCILMEMBER COMMENTS
Councilmember Martinez:
• Thanked residents for commitment and engagement on budget; City
committed to Willard and Garfield Community Centers; have allocated
fund for next couple of years; thanked Interim City Manager, Deputy
City Manager and Department Heads for efforts; City also investing
$250,000 in Economic Development Plan ;
• Encouraged arts community to be involved in Strategic Plan process;
• Commend Delhi Center for taking on skatepark; invited all to attend the
Skate-A-Thon event;
• Invited all to visit City's website for list of on-going community
programs; and
• Congratulated all graduates and wished them well.
Councilmember Sarmiento:
• Commented on difficult decision on transitioning police officer back to
SAPD; long tradition and commitment to work together with SAUSD; in
recent past granted land for construction of new school buildings;
funds allocated for community center on school grounds;
• Thanked Interim City Manager and staff for budget; mid-year budget
will allow for adjustments needed;
• Enterprise Zone may be dismantled by Governor, important program
that allows for business retention and attraction; encouraged all to
contact Assembly Member Tom Daly to support retention of Enterprise
Zone; and
CITY COUNCIL MINUTES 23 JUNE 17, 2013
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• Congratulated all high school and college graduates.
Councilmember Amezcua:
• Hope all had a nice Father's Day; and
• Urged all to shop in Santa Ana - every dollar counts.
Councilmember Benavides:
• Proposed that Police Department have staff assist with the SAUSD
Police Chief transition process.
• June 30th will have 3rd Annual Fourth of July Event at Centennial Park
at 9 p.m. with music and educational programs starting at 4 p.m.
Mayor Pulido:
• Invited all to attend State of the City Address (to be held on
Wednesday, June 19, 2013 at 7:30 a.m. at Bowers Museum)
• Congratulated the Nicolas Academic Foundation for graduating
students with scholarships to major universities all throughout the
country
ADJOURNED- 9:18 P.M. - The next meeting of the City Council is scheduled for
Monday, July 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.
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
• Study Session on Entertainment Ordinance
• Public Hearing on Sexlinger Property
• Adoption of Strategic Plan
• Harbor Blvd. Mixed-Use Plan
CITY COUNCIL MINUTES 24 JUNE 17, 2013
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