HomeMy WebLinkAbout10A - MINUTES - 04-01-2013MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
APRIL 1, 2013
CLOSED SESSION MEETING
CALLED TO ORDER
ATTENDANCE
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
5:12 P.M.
COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor (5:17 p.m.)
SAL TINAJERO, Mayor Pro Tern (5:22 p.m.)
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
Quorum was established thru presence of Councilmembers Amezcua, Benavides,
Martinez, Reyna, and Sarmiento.
MOTION: Elect Councilmember Sarmiento as Chair (pursuant to SAMC 2-
101 due to unavailability of Mayor and Mayor Pro Tem).
MOTION: Martinez
VOTE: AYES
NOES:
ABSTAIN:
ABSENT:
Martinez, Reyna, and
CITY COUNCIL MINUTES
SECOND: Benavides
Amezcua, Benavides,
Sarmiento (5)
None (0)
None (0)
Pulido, Tinajero (2)
1
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APRIL 1, 2013
PUBLIC COMMENTS - None
COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:13 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)
• Jose Rumbo v. Officer J. Correal, et al., United States District Court
Case No. SACV12-0806AG(MLGx)
• 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.
• Hilda Cuenca, Claudia Castaneda. Enima Hernandez. and Evanaelina
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
1B CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED/POTENTIAL
LITIGATION pursuant to Government Code Section 54956.9(b)
State of California, Department of Finance (DOF)
1C PUBLIC EMPLOYEE - ANNUAL PERFORMANCE EVALUATION pursuant to
Government Code Section 54957(b)(1)
Title: City Attorney
1D PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section
54957(b)(1)
Title: City Manager
ADJOURNED THE CLOSED SESSION MEETING AT 6:21 P.M. AND CONVENED TO
THE REGULAR OPEN MEETING
CITY COUNCIL MINUTES 2 APRIL 1, 2013
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REGULAR OPEN SESSION
CALLED TO ORDER
ATTENDANCE
PLEDGE OF ALLEGIANCE
INVOCATION
SPECIAL PRESENTATIONS
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
6:22 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
BOB BARNETT, Police Chaplain
• Orange County Fire Authority Annual Report presented by Scott Brown, Division
Chief - Orange County Fire Authority
• Street Car Update presented by Cindy Krebs of Krebs Consulting and Raul Godinez,
III, Executive Director of Public Works Agency
PRESENTATIONS
EMPLOYEE RECOGNITION - Presentation by MAYOR PULIDO acknowledging the
retirement of Nancy T. Edwards, Interim Executive Director, Community Development
Agency
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EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to:
20 YEARS OF SERVICE Frank M. Garcia, Police Department, Correctional
Officer
20 YEARS OF SERVICE Christina Holland, Police Department, Police
Administrative Manager
CERTIFICATE OF RECOGNITION presented by MAYOR PULIDO to Bruce Hamlin,
owner of Guaranty Chevrolet for their on-going support of the community, donations and
financial support to local schools, charitable organizations and children's development
programs.
PROCLAMATION presented by COUNCILMEMBER MARTINEZ recognizing Healthy
Living Month, presented to Marc Payan, founder of PayanX, a free fitness program in
Santa Ana open to all interested individuals wishing to get in shape.
CERTIFICATES OF RECOGNITION presented by COUNCILMEMBERS AMEZCUA,
MARTINEZ and REYNA to the following participants in the Seeds to Trees Digital Media
Academy for winning the 2013 Teen Video Challenge:
Eduardo Cervantes
Daniel Garcia
Marisol Hernandez
Jose Mota
Domingo Rivera
Jasmine Soto
Nancy Charco
Jose Gonzalez
Rodrigo Martinez
Miguel Angel Munoz
Dulce Salgado
Bryan Valdez
Victor Elias
Monica Gonzalez
Alejandro Mendoza
Gustavo Nunez
Andrea Sanchez
CLOSED SESSION REPORT - See report under Agenda Item 19A.
PUBLIC COMMENT
• Scott Jackson, representing Habitat for Humanity, thanked the City Council for
payment of $150,000 from DDA obligation; encouraged collaborative efforts for full
payment of obligation that will allow for construction of 17 low-income homes.
• Laurie Wilson, representing KidWorks, addressed the City Council on need to move
forward with Strategic Plan and set date of outreach meeting.
• Steven Jason Wildman, commented on his film depicting living conditions of
homeless; also requested review of City's anti-camping ordinance.
• Madeline Spencer, representing SACReD, requested sample copies of models from
other cities with balanced budget and balanced services; need to move forward with
Strategic Plan and support community input.
CITY COUNCIL MINUTES 4 APRIL 1, 2013
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CONSENT CALENDAR ITEMS
MOTION: Approve Consent Calendar Items 10A through 25C with the
following modifications:
• Councilmember Benavides pulled Agenda Item 25C for separate discussion;
• Councilmember Sarmiento abstained on approval of Agenda Item 10A; and
• Councilmember Reyna pulled Agenda Item 23A to request clarification.
MOTION: Benavides SECOND: Tinajero
VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: 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 MARCH 18, 2013 - Clerk
of the Council Office
MOTION: Approve Minutes.
*Councilmember Sarmiento abstained on approval of Agenda Item 10A.
BOARDS / COMMISSIONS / COMMITTEES
13A NOMINATED BY MAYOR PULIDO AS THE CITY-WIDE
REPRESENTATIVE FOR A FULL TERM EXPIRING DECEMBER 9, 2014
- Clerk of the Council Office
MOTION: Reappoint.
Name
Eugen C. Andres
Board/Commission
Personnel Board
CITY COUNCIL MINUTES 5 APRIL 1, 2013
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MISCELLANEOUS ADMINISTRATION
19A CLOSED SESSION REPORT - City Attorney's Office
MOTION: Approve settlement.
Jose Rumbo v. Officer J. Correal, et al., United States District Court Case
No. SACV12-0806AG(MLGx); settlement in the amount of $70,000.
19B EXCUSED ABSENCES - None
19C CITY OF SANTA ANA GENERAL PLAN HOUSING ELEMENT ANNUAL
PROGRESS REPORT - Planning and Building Agency
MOTION: Authorize submittal of the General Plan Housing Element
Annual Progress Report to the State of California Housing and
Community Development (HCD).
19D COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SECOND
QUARTER UPDATE - Community Development Agency
MOTION: Receive and file.
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20A AGREEMENT WITH THE CALIFORNIA STATE LIBRARY AND
APPROPRIATION ADJUSTMENT FOR LIBRARY SERVICES
ENHANCEMENT - Parks, Recreation and Community Services Agency
MOTION:
1. Authorize the City Manager and Clerk of the Council to execute an
agreement.
AGMT NO. 2013-047 - With the California State Library in an amount
of $59,100 for a Library Services and Technology Act grant for the
program Santa Ana Civic Archive: Connecting Future Leaders to their
Community's Past.
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2. Approve an appropriation adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 2013-119 - Recognizing
$59,100 from the California State Library in the revenue account and
appropriating same to expenditure account.
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
22A SPEC. NO. 10-048 - SIDEWALK OFFSET GRINDING MAINTENANCE -
(Public Works Agency and Parks, Recreation and Community Services
Agency) - Finance & Management Services
MOTION: Renew the contract with Central Coast Surface Grinding,
Inc. for a one-year period in an amount not to exceed $170,000.
22B SPEC. NO. 11-007 - BODY ARMOR VESTS - (Police Department) -
Finance & Management Services
MOTION: Renew the contract with Galls, LLC and Quartermaster for
a one-year period in an annual amount not to exceed $50,000.
22C SPEC. NO. 13-002 - PAINTING SERVICES - (Public Works Agency) -
Finance & Management Services
MOTION: Award contracts for a one-year period, with provision for
three one-year renewals, in an annual aggregate amount not to
exceed $135,000 with the following vendors:
Vendor: Location:
LDUR Painting Santa Ana
Painting and Decor, Ltd. Trabuco Canyon
Tony Painting Garden Grove
22D SPEC. NO. 13-007 - RENTAL OF A SEWER VACUUM AND JETTER
TRUCK CONTRACT AWARD TO HAAKER EQUIPMENT COMPANY
FOR - Finance & Management Services
MOTION: Award a contract to Haaker Equipment Company for a five-
month period in an amount not to exceed $55,200.
CITY COUNCIL MINUTES 7 APRIL 1, 2013
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PROJECTS/CHANGE ORDERS
23A CONTRACT AWARD FOR CITYWIDE RESIDENTIAL STREET REPAIR
PHASE 17 (PROJECT ' NO. 131175) Public Works Agency and
Community Development Agency
Councilmember Reyna requested information on project boundary areas.
Staff noted that project locations are included in staff report as Exhibit 2.
MOTION:
1. Award a contract to the lowest responsible bidder, United Paving
Company, in accordance with the Base Bid, totaling $704,724, for
the construction of the Citywide Residential Street Repair Phase
17.
2. Approve the Funding Analysis for a total estimated construction
phase cost of $879,500.
MOTION: Reyna SECOND: Benavides
VOTE: AYES: Amezcua, Benavides, Martinez, Reyna,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
23B CONTRACT AWARD FOR PARTON STREET SEWER MAIN
IMPROVEMENTS (PROJECT NO. 126418) - Public Works Agency
MOTION:
1. Award a contract to the lowest responsible bidder, Atlas-Allied,
Inc., in accordance with the Base Bid in the amount of $258,760
for the construction of Parton Street sewer main improvements.
2. Approve the Cost Analysis for a total estimated project delivery
cost of $323,400.
CITY COUNCIL MINUTES 8 APRIL 1, 2013
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AGREEMENTS
25A
25B
25C
AGENDA ITEM MOVED TO REGULAR BUSINESS CALENDAR
ALLOCATION OF FY 2013-2014 EMERGENCY SOLUTIONS GRANT
FUNDS - Community Development Agency
Community Redevelopment and Housing Commission recommended
approval at its regular meeting on March 19, 2013, by a vote of 7:0.
MOTION:
1. Approve the proposed FY 2013-2014 Emergency Solutions Grant
Program.
2. Approve the proposed contingency plan for the Fiscal Year 2013-
2014 Emergency Solutions Grant Program.
3. AGMT NOS. 2013-048 - Direct the City
authorize the City Manager and the
execute agreements with non-profit
recipients awarded funds as part of
subject to non-substantive changes
Manager and City Attorney.
Attorney to prepare and
Clerk of the Council to
agencies and/or sub-
the approved program,
approved by the City
FEDERAL GOVERNMENT LIAISON SERVICES - City Manager's Office
MOTION: City Council requested a 30-day continuance to May 6,
2013 City Council Meeting.
MOTION: Benavides SECOND: Sarmiento
VOTE: AYES: Amezcua, Benavides, Martinez, Reyna,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
**END OF CONSENT CALENDAR**
CITY COUNCIL MINUTES 9 APRIL 1, 2013
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BUSINESS CALENDAR ITEMS
AGREEMENT
25A AGMT NO. 2013-049 - MUNICIPAL PARKING FACILITIES OPERATOR -
Community Development Agency
Continued from the March 4, 2013 City Council meeting by a vote of 7-0
and the March 18, 2013 City Council Meeting by a vote of 5-0 (Sarmiento
and Tinajero absent).
Lyle Overby, representing Parking Concepts Inc. (PCI) expressed concern
with Request for Proposal review process; recommended re-bid to include
specific guidelines and controls suggested.
Mohammad Mansoor, representing Central Parking System indicated that
company employees Teamsters 911 members look forward to working
with City in providing service.
Council discussed ensued. Councilmember Sarmiento indicated that
Request for Proposal process same as other cities; thanked companies
for submitting bids and employing union members; selection criteria based
on quality of service and ability to work with City's demands; respect
integrity of process and supports staff recommendation.
Made a friendly amendment to motion: Award contract for two-year term
with no extensions and include fixed 2012 reimbursable fees and in the
event that they need to be adjusted require City Council approval.
Staff directed to work with Central Parking System and affirm terms of
contract as proposed; if not amenable to changes, return to City Council
for further consideration.
SUBSTITUTE MOTION: Authorize the City Manager and Clerk of the
Council to execute an agreement with Central Parking System, Inc.
for a two-year term, for an annual amount of $30,000, subject to non-
substantive changes approved by the City Manager and City
Attorney; and include 2012 fixed reimbursable fees, if adjustments
required must have City Council approval.
MOTION: Martinez SECOND: Tinajero
VOTE: AYES: Amezcua, Benavides, Martinez, Reyna,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
CITY COUNCIL MINUTES 10 APRIL 1, 2013
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ABSTAIN: None (0)
ABSENT: None (0)
RESOLUTIONS
55A ADOPTION OF THE CITYWIDE RECORDS RETENTION AND
DESTRUCTION POLICY - Clerk of the Council
MOTION: Adopt a resolution.
RESOLUTION NO. 2013-014 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF REPEALING RESOLUTION NO. 2006-045 AND
AMENDING THE RECORDS RETENTION SCHEDULE FOR THE
AGENCIES, DEPARTMENTS AND OFFICES OF THE CITY
MOTION: Tinajero SECOND: Sarmiento
VOTE: AYES: Amezcua, Benavides, Martinez, Reyna,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
55B CONSENTING TO THE COUNTY OF ORANGE DECLARING A
PORTION OF EDINGER AVENUE AS A COUNTY HIGHWAY - Public
Works Agency
MOTION: Adopt a resolution.
RESOLUTION NO. 2013-015 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA CONSENTING TO THE COUNTY OF
ORANGE DECLARING A PORTION OF EDINGER AVENUE TO BE A
COUNTY HIGHWAY FOR THE PURPOSE OF CONSTRUCTION OF
IMPROVEMENTS
MOTION: Martinez SECOND: Tinajero
VOTE: AYES: Amezcua, Benavides, Martinez, Reyna,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
CITY COUNCIL MINUTES 11 APRIL 1, 2013
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ABSTAIN: None (0)
ABSENT: 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) - Public Works Agency
Legal Notice mailed to property owners on March 14, 2013.
Mayor Pulido opened the Public Hearing. Daniel Wright of the Silverstein
Law Firm presented letter of opposition for the record and stated
objections to City's taking of property through eminent domain.
City Attorney Carvalho requested continuance to allow staff to review
comments received from Mr. Wright.
There were no other speakers and the Mayor closed the Hearing.
MOTION: At staff's request, continue consideration of matter for 2
weeks to the April 15, 2013 City Council meeting.
MOTION: Martinez SECOND: Benavides
VOTE: AYES: Amezcua, Benavides, Martinez, Reyna,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
75B PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM FY 2013-2014 - Community Development Agency
Legal Notice published in the Orange County Register on March 18, 2013.
Mayor Pulido opened the Public Hearing. There were no speakers and he
closed the Hearing.
CITY COUNCIL MINUTES 12
APRIL 1, 2013
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MOTION: Continue consideration of matter for 2 weeks to the April
15, 2013 City Council meeting.
MOTION: Tinajero SECOND: Martinez
VOTE: AYES: Amezcua, Benavides, Martinez, Reyna,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
CITY COUNCIL MEETING RECESSED TO THE HOUSING AUTHORITY MEETING
AT 9:02 P.M. AND RECONVENED AT 9:03 P.M. WITH SAME MEMBERS PRESENT.
COMMENTS
90A CITY MANAGER'S COMMENTS
Interim City Manager O'Rourke introduced staff members: Division Chief
Scott Brown, Orange County Fire Authority; Jay Trevino, Executive
Director, Planning & Building Agency; and Raul Godinez, III, Executive
Director, Public Works Agency, who provided a report on the March
30,2013 fire incident at the Saddleback Inn.
90B CITY COUNCILMEMBER COMMENTS
Councilmember Martinez:
• Thanked Nancy Edwards, Interim Executive Director of Community
Development Agency for 33 years of service to the City;
• Requested status of Strategic Plan outreach efforts and Budget
Meetings mandated by Sunshine Ordinance; noted that communication
with the public paramount;
• Request staff televise upcoming Special Meetings;
• Invited all to attend Grand Opening celebration of Terraces at Santiago
on April 2"d
Councilmember Sarmiento:
• Thanked Nancy Edwards for her many years of service to the City and
wished her well on her retirement;
CITY COUNCIL MINUTES
13
APRIL 1, 2013
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• Commended staff for exemplary teamwork displayed on Saddleback
Inn fire; asked staff if full costs would be recovered;
o City Attorney affirmed that time and expenses have been
accounted for by staff and full-cost recovery efforts intended.
• Reflected on historic landmark of Saddleback Inn; preservation society
should be contacted to remove salvageable parts of building, if any;
• Staff to consider waiving permit fees to allow movies and commercials
to be filmed in City and allow City to capitalize on exposure.
Mayor Pro Tern Tinajero:
• Suggest City include information on "Buy Santa Ana" campaign in City
News (water bill insert); and
• Noted that Saddleback High School's Soccer team won CIF
Championship 10th year in a row; congratulated team and will be
recognizing them at upcoming meeting.
Councilmember Amezcua:
• Reported that Saddleback High School's Soccer Team accepting
donations to purchase championship rings;
• Attended Easter Hunt event at Riverview; thanked volunteers for
efforts;
• Received tour of Delhi Center; impressed with facility; non-profit
organization seeking sponsors;
• Wished Nancy Edwards a happy retirement;
• Commended teamwork on demolition of bridge connected to
Saddleback Inn after fire;
• Recognized "Shoes That Fit" organization for donation of 658 pairs of
shoes for students at Carver Elementary School; and
• Wished all an enjoyable Spring break.
Councilmember Reyna:
• Attended Riverview Easter Hunt event; encouraged more events
throughout the City;
• Co-hosted Cesar Chavez event over the weekend at Santa Ana
College;
• Thanked Mayor Pulido for presenting Bruce Hamlin with a well
deserved recognition for his many contributions to the community;
• Noted that he went on a Police Ride-Along; look forward to attending
more shifts;
• "Relay for Life" event will be held at Valley High School on June 1St and
2nd; invited all to participate;
• Encouraged all to shop in Santa Ana and have tax dollars serve our
community.
Councilmember Benavides:
• Expressed well wishes to Nancy Edwards on her retirement;
• Thanked Interim City Manager for presentation on Saddleback Inn fire;
CITY COUNCIL MINUTES 14 APRIL 1, 2013
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• Saturday, April 6th will host Community office hours at Southwest
Community Center; invited all to attend; and the Art-Walk in Downtown
Santa Ana in the evening;
• Asked all to shop Santa Ana.
Mayor Pulido:
• Encouraged all to attend Artist Village; area transformed in past
several years.
ADJOURNED - 9:43 p.m. - The next meeting of the City Council is scheduled for
Monday, April 15, 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
• Contracting Agreement for Specified Police Support Services
• Janitorial Services for Police Admin/Jail
CITY COUNCIL MINUTES 15 APRIL 1, 2013
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