HomeMy WebLinkAbout2012-12-17 RegularMINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
DECEMBER 17, 2012
CLOSED SESSION MEETING
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
5:12 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
SAL TINAJERO, Mayor Pro Tern
ANGELICA AMEZCUA
P. DAVID BENAVIDES (5:20 p.m
MICHELE MARTINEZ
ROMAN A. REYNA
VINCENT F. SARMIENTO
COUNCILMEMBERS Absent:
None
STAFF Present:
PAUL M. WALTERS, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
PUBLIC COMMENTS - None
COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:12 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)
• Martin Ruiz v. City of Santa Ana, United States District Court Case No.
SACV11-1859 DOC (Anx)
CITY COUNCIL MINUTES 1 DECEMBER 17, 2012
*Councilmember Sarmiento reported a conflict of interest on Agenda Item
1A and left the room during the discussion of said matter.
1B
1C
• City of Santa Ana vs. Thrift Oil Company, OCSC Case No.: 30-2011-
00512839
• Roberta Rodgers v. City of Santa Ana, United States District Court,
ase No. SA V12-132 V (JPRx)
• Peebler vs. State of California Department of Finance, City of Santa
Ana, et al., Case No. 34-2012-80001172-CU-WM-GDS
CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
pursuant to Government Code Section 54956.9(b) - Two Matters
*Councilmember Martinez reported
matters listed under Agenda Item
discussion of said matter.
a conflict of interest on one of the
1B and left the room during the
CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government
Code Section 54957.6
Agency Negotiators: Personnel Services Executive Director, Ed
Raya
Employee Organizations: Service Employees' International Union
(SEIU) Full-Time Employees
CLOSED SESSION REPORT - See Item 19A. for Report.
ADJOURNED THE CLOSED SESSION MEETING AT 6:39 P.M. AND CONVENED TO
THE REGULAR OPEN MEETING
CITY COUNCIL MINUTES 2 DECEMBER 17, 2012
REGULAR OPEN SESSION
CALLED TO ORDER
ATTENDANCE
PLEDGE OF ALLEGIANCE
INVOCATION
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
6:44 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:
PAUL M. WALTERS, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
MAYOR PULIDO
TIM FELKER, POLICE CHAPLAIN
CLOSED SESSION REPORT - See report under Agenda Item 19A.
PUBLIC COMMENT
• Ruth Hull-Richter, requested assistance and special accommodations for her mother
who is disabled.
CONSENT CALENDAR ITEMS
MOTION: Approve Consent Calendar Items 10A through 25E with the
following modifications:
• Councilmember Benavides pulled Agenda Item 25B for separate discussion;
and
• Councilmember Sarmiento pulled Agenda Item 25E for separate discussion.
CITY COUNCIL MINUTES 3 DECEMBER 17, 2012
MOTION: Benavides
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Tinajero
Amezcua, Benavides,
Sarmiento, Tinajero (7)
Martinez, Reyna, Pulido,
None (0)
None (0)
None (0)
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 FROM THE REGULAR MEETING OF DECEMBER 3, 2012 -
Clerk of the Council Office
MOTION: Approve Minutes.
10B MINUTES FROM THE SPECIAL MEETING OF DECEMBER 11, 2012 -
Clerk of the Council Office
MOTION: Approve Minutes.
MISCELLANEOUS ADMINISTRATION
19A CLOSED SESSION REPORT - City Attorney's Office
MOTION: Approve settlement agreements as follow:
• City of Santa Ana vs. Thrift Oil Com an , OCSC Case No.: 30-2011-
00 12839; Settlement in the amount o 75,000.
• Roberta Rodgers v. City of Santa Ana, United States District Court,
Case No. S CV12-132 WS (JPRx); Settlement in the amount of
$25,000.
19B EXCUSED ABSENCES - None
CITY COUNCIL MINUTES 4 DECEMBER 17, 2012
BUDGETARY MATTERS
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
22A SPEC. NO. 10-045 - COPPER TUBING - (Public Works Agency) -
Finance & Management Services
MOTION: Renew contracts for a one-year period, in an annual
aggregate amount not to exceed $150,000 with the following
vendors:
Vendor Location
Ferguson Enterprises, Pomona
S & J Supply Co. Inc., Santa Fe Springs
PROJECTS/CHANGE ORDERS
23A REJECTION OF ALL BIDS FOR THE PARTON STREET SEWER MAIN
IMPROVEMENTS (PROJECT NO. 126418) -Public Works Agency
MOTION: Reject all bids for the construction of the Parton Street
Sewer Main Improvements.
AGREEMENTS
MOTION: Authorize the City Manager and Clerk of the Council to
execute the following agreements, subject to non-substantive
changes approved by the City Manager and City Attorney and/or
actions as noted on the Request for Council Action report. (Item
25A, 25B through 25D)
25A AGMT NO. 2012-246 - MEMORANDUM OF UNDERSTANDING (MOU)
REGARDING WAGES AND OTHER TERMS AND CONDITIONS OF
EMPLOYMENT - With Confidential Association of Santa Ana (CASA) for a
two-year term, from July 1, 2012 - June 30, 2014 - Personnel Services
Agency
25B AGMT NO. 2012-247 - COOPERATIVE AGREEMENT - EDINGER
AVENUE BRIDGE WIDENING FROM HARBOR BOULEVARD IN
FOUNTAIN VALLEY TO WEST OF MOHAWK DRIVE IN _SANTA' ANA,
INCLUDING THE BRIDGE OVER THE SANTA ANA RIVER Public
Works Agency
CITY COUNCIL MINUTES 5 DECEMBER 17, 2012
MOTION: Authorize the City Manager and Clerk of the Council to
execute an agreement with the County of Orange subject to non-
substantive changes approved by the City Manager and City
Attorney.
MOTION: Benavides SECOND: Reyna
VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
25C AGMT NO. 2012-248 - PAVEMENT CLEANING SERVICES IN THE
CIVIC CENTER - With Superior Property Services, Inc. in an annual
amount of $57,950 - Parks, Recreation & Community Services Agency
25D AGMT NO. 2012-249 - CENTRAL STORES CONSIGNMENT
INVENTORY PROGRAM - With Single Point Alliance, Inc., for a two-year
period in an annual amount not to exceed $667,500 - Finance &
Management Services
25E AGMT NO. 2012-250 - SPECIAL LEGAL COUNSEL - City Attorney's
Office
Council directed staff to provide a list of potential outside firms for Council
consideration and approval. City Attorney Carvalho indicated that 3 firms
per specialty would be forthcoming.
MOTION: Authorize the City Manager and Clerk of the Council to
execute an agreement with Jones & Mayer for a period of one year in
an amount not to exceed $50,000 subject to non-substantive
changes approved by the City Manager and City Attorney.
MOTION: Sarmiento SECOND: Tinajero
VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
CITY COUNCIL MINUTES 6 DECEMBER 17, 2012
ABSENT: None (0)
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR ITEMS
RESOLUTION
55A EXTENSION OF CONDITIONAL USE PERMIT NOS. 2008-27 AND 2008-
31 TO ALLOW THE CONSTRUCTION OF A NEW PHARMACY AT 115
NORTH HARBOR BOULEVARD - Clerk of the Council Office
MOTION: Adopt a resolution.
RESOLUTION NO. 2012-052 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA FOR THE EXTENSION OF
CONDITIONAL USE PERMIT NO. 2008-27 AS CONDITIONED AND
CONDITIONAL USE PERMIT NO. 2008-31 AS CONDITIONED FOR ONE
YEAR FOR THE PROPERTY LOCATED AT 115 NORTH HARBOR
BOULEVARD
MOTION: Sarmiento SECOND: Tinajero
VOTE: AYES: Amezcua, Martinez, Reyna, Pulido, Sarmiento,
Tinajero (6)
NOES: Benavides (1)
ABSTAIN: None (0)
ABSENT: None (0)
REPORTS
65A APPOINTMENTS TO REGIONAL BOARDS
City Council requested annual review of appointments to be agendized.
MOTION: Make appointments to regional boards for positions held
by outgoing councilmembers Claudia Alvarez and Carlos
Bustamante, and any other appointment changes necessary.
CITY COUNCIL MINUTES 7 DECEMBER 17, 2012
BOARD LAST NAME FIRST NAME POSITION
OC Water District Sarmiento Vincent Representative
MOTION: Martinez SECOND: Tinajero
VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
BOARD LAST. NAME FIRST NAME POSITION
Newport Bay
Watershed
Executive
Committee
MOTION: Amezcua
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
Martinez Michele Representative
SECOND: Tinajero
Amezcua, Benavides, Martinez, Reyna, Pulido,
Sarmiento, Tinajero (7)
None (0)
None (0)
None (0)
BOARD LAST NAME FIRST NAME POSITION
Transportation
Corridor Martinez Michele Representative
Agencies (TCA) -
Foothill/Eastern
Transportation
Corridor Reyna Roman Alternate
Agencies (TCA) -
Foothill/Eastern
MOTION: Sarmiento SECOND: Tinajero
CITY COUNCIL MINUTES 8 DECEMBER 17, 2012
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
BOARD
OC Sanitation
District
OC Sanitation
District
MOTION: Tinajero
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
Amezcua, Benavides, Martinez, Reyna, Pulido,
Sarmiento, Tinajero (7)
None (0)
None (0)
None (0)
LAST NAME FIRST NAME POSITION
Benavides David Representative
Tinajero Sal
Alternate
SECOND: Sarmiento
Amezcua, Benavides, Martinez, Reyna, Pulido,
Sarmiento, Tinajero (7)
None (0)
None (0)
None (0)
BOARD LAST NAME FIRST NAME POSITION
Orange County Fire
Authority (OFCA) Tinajero Sal Representative
Orange County Fire
Authority (OFCA) Amezcua Angelica Alternate
MOTION: Sarmiento SECOND: Benavides
VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
CITY COUNCIL MINUTES 9 DECEMBER 17, 2012
BOARD LAST NAME FIRST NAME
S.A./Orange T.S.I.A. Reyna Roman
S.A./Tustin T.S.I.A.
MOTION: Sarmiento
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
Reyna Roman
SECOND: Martinez
POSITION
Alternate
Alternate
Amezcua, Benavides, Martinez, Reyna, Pulido,
Sarmiento, Tinajero (7)
None (0)
None (0)
None (0)
COUNCIL AGENDA ITEMS
Pursuant to Santa Ana Charter Section 411, any member of the City Council may
place items on the City Council Agenda to be considered by the City Council.
85A DISCUSSION OF CITY COUNCIL COMMITTEE APPOINTMENT
PROCESS AND RESTRUCTURE (Councilmember Martinez, Mayor Pro
Tem Tinajero, and Councilmember Sarmiento)
MOTION: Direct staff to revise the appointment authority resolution
and convene an Ad Hoc Committee comprised of Councilmembers
Martinez and Sarmiento to review the council committees.
MOTION: Martinez SECOND: Sarmiento
VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
CITY COUNCIL MINUTES 10 DECEMBER 17, 2012
CITY COUNCIL MEETING RECESSED TO THE SUCCESSOR AGENCY MEETING
AT 7:10 P.M. AND RECONVENED AT 7:11 P.M WITH SAME MEMBERS PRESENT.
COMMENTS
90A CITY MANAGER'S COMMENTS
City Manager Walters wished all Happy Holidays.
90B CITY COUNCILMEMBER COMMENTS
Councilmember Amezcua
• Happy Holidays to all; and
• Requested a moment of Silence to reflect on tragedy in Newtown
Connecticut.
Councilmember Reyna
• Wished all Happy Holidays;
• Commented on successful Santa Ana PAL program held over the
weekend; and
• Urged all to shop in Santa Ana
Councilmember Benavides
• City of Santa Ana and Santa Ana Unified School District held joint
press conference to discuss school incident in Newtown, Connecticut;
discussion of Gun Buy-Back program being considered;
• Reflected on Christmas and as opportunity to enjoy family; and
• Asked that all shop in the City and support our local economy.
Councilmember Martinez
• Thanked Mayor Pro Tern Tinajero for Press Conference; incident
shocked our Nation, schools should be safe haven for children, noted
that City will continue to take measures needed to protect our youth;
• Urged all to support Spark of Love program and bring unwrapped toy
to any local Fire Station.
Councilmember Sarmiento
• Thanked all for attending Press Conference; consider gun control
program and review mental health programs;
• Welcomed new Councilmembers; and
• Wished all Merry Christmas, Happy Hanukah, and Happy Holidays!
Mayor Pro Tern Tinajero
• Welcomed new Councilmembers;
CITY COUNCIL MINUTES 11 DECEMBER 17, 2012
Thanked staff for Press Conference; and
Commented on need for gun control, specifically assault weapons,
Senator Feinstein adding Bill to stop purchase of assault weapons.
Mayor Pulido
• Thanked and congratulated new Councilmembers; great addition to the
City Council; and
• Commented on tragedy in Connecticut; City to consider Gun Buy-Back
program; support legislation being proposed by Senator Feinstein; and
• Read names of all victims of the tragedy in Connecticut and adjourned
meeting with prayer led by Councilmember Amezcua.
ADJOURNED- 7:37 P.M. - The next meeting of the City Council is scheduled for
Monday, January 7, 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.
Adjourned in Memory
of the Sandy Hook Elementary School tragedy victims
in Newtown, Connecticut
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 (Senate Bill)
• Contracting Agreement for Specified Police Support Services
CITY COUNCIL MINUTES 12 DECEMBER 17, 2012