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Home My WebLink AboutCORRESPONDENCE - ITEM 1 December 28, 2016 City Council Meeting Correspondence – Closed Session 1. Public Employee- Performance Evaluation (City Manager) Date of Sender/Representative Agency Corresp. 1. 12/27/2016 Connie Hamilton South Coast Neighborhood Association 2. 12/28/2016 David Elliot, President/CEO Westcliff Properties 3. 12/28/2016 Angie Blas 4. 12/28/2016 Ginelle Hardy Heninger Park Neighborhood, President 5. 12/28/2016 Greg Diamond Law Office of Gregroy A. Diamond I:\\Agendas\\2016 Agendas\\Exhibits 2016 - Current Meeting\\2016-12-28_Exhibits_Correspondence_CS1.docx Mitre-Ramirez, Norma From: Connie Hamilton <southcoastneighborhood@earthlink.net> Sent: Tuesday, December 27, 2016 10:53 PM To: eComment Subject: Comments for special 12/28/16 meeting Categories: Correspondence My comments on Facebook reflect my opinion: There seems to be quite a bit of turmoil going on in the Santa Ana city government. A special meeting has been called to evaluate David Cavazos, Santa Ana City Manager. Here is the agenda: http://santaana.granicus.com/GeneratedAgendaViewer.php... Here is some background on the story: http://voiceofoc.org/.../santa-ana-mayor-calls-special-meeti...1 No matter what's going on, I certainly disapprove of this instability in our city government. Several years ago, former Police Chief Paul Walters was suddenly removed from his new post as City Manager by the council majority. Now the "new" council majority is circling the wagon to oust the new manager that the council hired to replace him. Is there any end to this drama? I can't help but to feel disappointed... Thanks, Connie Hamilton efts Association 1 Mitre-Ramirez, Norma From: Huizar, Maria Sent: Wednesday, December 28, 2016 8:35 AM To: Mitre-Ramirez, Norma Subject: Fwd: Today's "Special Meeting" - Employee Evaluation: City Manager Categories: Correspondence Ecomments. Begin forwarded message: From: "Magallon, Becky" <BMagallon s,santa-ana.org> Date: December 28, 2016 at 8:32:12 AM PST To: "Huizar, Maria" <MHuizar@santa-ana.org> Subject: FW: Today's "Special Meeting" - Employee Evaluation: City Manager Becky Magallon I Secretary to the City Manager City Manager's Office I bmagallon@santa-ana.org 714.647.5200 120 Civic Center Plaza I Santa Ana,CA 92701 This email and any files or attachments transmitted with it may contain privileged or otherwise confidential information. If you are not the intended recipient, or believe that you may have received this communication in error, please advise the sender via reply email and immediately delete the email you received. From: Yvonne Flores, ARM [mailto:yvonnefloresrealtor@gmail.com] Sent: Wednesday, December 28, 2016 7:00 AM To: Martinez, Michele Cc: Solorio, Jose; Villegas, Juan; Tinajero, Sal; Benavides, David; Sarmiento, Vicente; Pulido, Miguel; Yvonne Flores; Downtown Inc Santa Ana; ngerda@voiceofoc.org; Gabriel San Roman Subject: Today's "Special Meeting" - Employee Evaluation: City Manager Councilwoman Martinez, As a resident and licensed business owner in Ward 2, I am writing to you to ask that you please act to postpone the special meeting that is scheduled for today at noon, until such a time that the rest of the council members can participate, attend, and vote on the agenda. Please DO NOT allow a vote to be cast behind closed doors today and I urge the attending Council Members NOT to oust City Manager Cavazos. 1. PUBLIC EMPLOYEE EVALUATION OF PERFORMANCE AND/OR DISCIPLINARY ACTIC pursuant to Section 54957(b)(1) of the Government Code: City Manager A decision or vote on the evaluation of the City Manager's performance and/or disciplinary action should only occur with the attendance of of ALL of the Council Members and not a special group of select few, especially in light of having 2 newly appointed Council Members, Solorio and Villegas, attending today's meeting and who have not been in the position long 1 enough to properly evaluate the past performance of the City Manager. If a vote is cast today behind closed doors, Councilmen Solorio and Villegas should abstain from the vote. As a Santanera, I appreciate the efforts of our City Manager and all of the positive changes made within the city during his employment and time here in Santa Ana and I urge the attending council members NOT to oust City Manager Cavazos. This special meeting, which has been called for in under 24 hours notice, during a holiday week when people are traveling, and with 2 new Council Members attending, should be postponed until next week when all Council Members can be present and properly represent the best interests of the constituents of their wards. I request that Councilmen Solorio and Villegas abstain from the vote as they can not evaluate an employee for performance, if they were not present as Council Members for the time and performance that is being evaluated. Thank you, Yvonne Flores, ARM Westcliff Properties, #01221486 211 N. Sycamore St. Santa Ana, CA 92701 (714) 215-7421 2 Mitre-Ramirez, Norma From: Angie Blas <ABlas@PalaceEntertainment.com> Sent: Wednesday, December 28, 2016 9:27 AM To: eComment Subject: Public Comment for Agenda Item 1 Categories: Correspondence PUBLIC EMPLOYEE EVALUATION OF PERFORMANCE AND/OR DISCIPLINARY ACTION pursuant to Section 54957(b)(1) of the Government Code: City Manager Hello, Longtime resident of Ward 3, I would like to inform the council that this"Special Meeting"has been placed during the time that several City Council Members are not able to attend this meeting, and it is an injustice of the Mayor to continue with this meeting. I cannot attend and speak on behalf of the City Manager due to work, but I am sending this message to support our City Manager and what he has done for our City.Mr. David Cavazos has embraced our Citywide Strategic Plan by promoting jobs, economic development and improving our infrastructure, and let's not forget our Street Car Vision. In my management course, we discuss how employees should be applied as an asset, a value to the company. I believe that Mr. Cavazos is a top asset to our City and we should honored his accomplishments that he has done for our City. Sincerely, Angie Blas 1 Mitre-Ramirez, Norma From: Ginelle <ginelleann@gmail.com> Sent: Wednesday, December 28, 2016 10:17 AM To: eComment; Carvalho, Sonia R. Cc: Pulido, Miguel; Martinez, Michele; Sarmiento, Vicente; Benavides, David; Tinajero, Sal; Villegas, Juan; Solorio, Jose; Cavazos, David; Huizar, Maria;josejrea@gmail.com;Irma Jauregui; Dora Lopez; Ginelle; Lisa Iran; Stacy Dukes Design; Mary Thornton; Ramona Alvarez;Adolfo Sierra; Selica Diaz Subject: CONCERNS: Special City Council Meeting - Dec. 28th, at 12 noon Categories: Correspondence Sonia R. Carvalho, JD, City Attorney, Santa Ana Dear City Attorney Sonia R. Carvalho: It has come to my attention that a special council meeting will be held today, December 28, at 12 noon. The short notice, late December during-holiday-vacation-for-many-date, and the time of day are all elements not conducive to an informed public or well attended meeting. Please inform Mayor Pulido and the Council of my concerns for community participation, process, and any legal considerations. Also please include this comment on the item on the Agenda for City Council consideration and public viewing. Thank you, Ginelle Hardy Heninger Park Neighborhood, President 822 S. Van Ness Ave. Santa Ana, CA 92701 1 Wednesday, December 28, 2016 TO: Santa Ana Mayor Miguel Pulido Mayor Pro Tem Michele Martinez, Ward 2 Vicente Sarmiento, Ward 1 Jose Solorio, Ward 3 David Benavides, Ward 4 Juan Villegas, Ward 5 Sal Tinajero, Ward 6 ğƌƌ ǝźğ ĭźƷǤĭƚǒƓĭźƌθƭğƓƷğΏğƓğ͵ƚƩŭ City Manager David Cavazos, ǝźğ ķĭğǝğǩƚƭθƭğƓƷğΏğƓğ͵ƚƩŭ City Attorney Sonia R. Carvalho, ǝźğ {ƚƓźğ͵/ğƩǝğƌŷƚθĬĬƉƌğǞ͵ĭƚƒ Clerk of the Council Maria D. Huizar, ǝźğ ĭƌĻƩƉθĭź͵ƭğƓƷğΏğƓğ͵ĭğ͵ǒƭ To the Santa Ana City Council and Santa Ana City officials, via the above email addresses: Cease and Desist Letter Pursuant to the Ralph M. Brown Act I have noted with interest and dismay that you have scheduled a special for noon today at which time you may consider PUBLIC EMPLOYEE EVALUATION OF PERFORMANCE . This meeting, as constituted, is illegal under the Ralph M. Brown Act (Brown Act). The Mayors attempt to hold a meeting 1.while three Council members, who have already refused to take part in the termination or other discipline of the City Manager, are on vacation between Christmas and New Years Day, 2.to punish the City manager, through means not available given the presence of these members, 3.with the effect of serving the interests of entities that have contributed to, through direct contributions or independent expenditures, the political campaigns of three of the four members expected to be in attendance today is an ambush that traduces the spirit of the Brown Act and raises the specter of payoffs to supporters. You must not convene a meeting on this matter prior to your next scheduled meeting. A failure to cease and desist may lead to litigation under the Brown Act, which would likely include demands to cease and desist other of your expressed practices, as will be expressed in a subsequent letter, such as not allowing persons to comment without the authorization of the meeting Chair unless they have filed their intention to do so by the time that public comments begin. (Litigation on the latter issues has not been feasible as a standalone action, only as part of a larger action such as contemplated here.) A cure and correct letter regarding todays contemplated action may also be forthcoming. Letter to Santa Ana Mayor and City Council, 2016-1228 You should seek advice from your City Attorney, or your personal attorneys, regarding personal responsibility for knowing violations of the Brown Act under Government Code Section 54959. As you are aware, the circumstances underlying todays special meeting are extraordinary. They are detailed in the following article: http://voiceofoc.org/2016/12/santa-ana-mayor-calls-special-meeting- in-apparent-attempt-to-oust-city-manager/. They are also summarized in a communication to the Council, which you received received today, from a Yvonne Flores of Santa Ana: A decision or vote on the evaluation of the City Manager's performance and/ or disciplinary action should only occur with the attendance of \[\] ALL of the Council Members and not a special group of select few, especially in light of having 2 newly appointed Council Members, Solorio and Villegas, attending today's meeting and who have not been in the position long \[\] enough to properly evaluate the past performance of the City Manager. This special meeting, which has been called for in under 24 hours notice, during a holiday week when people are traveling, and with 2 new Council Members attending, should be postponed until next week when all Council Members can be present and properly represent the best interests of the constituents of their wards. I request that Councilmen Solorio and Villegas abstain from the vote as they can not evaluate an employee for performance, if they were not present as Council Members for the time and performance that is being evaluated. Ms. Floress accusation that the public has not received proper 24-hour notice of this meeting is particularly disturbing. It should by itself prevent the meeting from going forward, lest it provide the basis for an action to cure and correct any action taken by the Council today. Pursuant to Govt. C. § 54960.1(a), I demand that the Council cease and desist from engaging in actions that would violate Govt. C. §§ 54953(a), 54953(b) (based on the failure to post agendas at potential teleconferencing locations), and 54656.5 (regarding emergency meetings.) Most sincerely, Greg Diamond /s/ Greg Diamond Law Office of Gregory A. Diamond Retainer Agreement, Non-Litigation, Considder page 2