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Home My WebLink About10A - MINUTES - 12-17-12MINUTES 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 Tem 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 DECEMBER 17, 2012 1 0A-1 *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. Thrifty Oil Company, OCSC Case No.: 30-2011- 00512839 • Roberta Rodgers v. City of Santa Ana, United States District Court, Case No. A V12-132 VS (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 1 B 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 1 0A-2 REGULAR OPEN SESSION CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:44 P.M. ATTENDANCE 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 PLEDGE OF ALLEGIANCE MAYOR PULIDO INVOCATION 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 1 0A-3 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. Thrifty Oil Company, OCSC Case No.: 30-2011- 00 12839; Settlement in the amount of 875,000. • Roberta Rodgers v. City of Santa Ana, United States District Court, Case No. S CV12-132 JVS (JPRx); Settlement in the amount of $25,000. 19B EXCUSED ABSENCES - None CITY COUNCIL MINUTES 4 DECEMBER 17, 2012 1 0A-4 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 1 0A-5 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 VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Reyna Amezcua, Benavides, Martinez, Reyna, Pulido, Sarmiento, Tinajero (7) None (0) None (0) 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 1 0A-6 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 VOTE: AYES: NOES: ABSTAIN: ABSENT: REPORTS SECOND: Tinajero Amezcua, Martinez, Reyna, Pulido, Sarmiento, Tinajero (6) Benavides (1) None (0) None (0) 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 1 0A-7 BOARD LAST NAME FIRST NAME POSITION OC Water District Sarmiento Vincent Representative OC Water District Reyna Roman Alternate MOTION: Martinez SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Martin ez, Reyna, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) BOARD LAST NAME FIRST NAME POSITION Newport Bay Watershed Executive Martinez Michele Representative Committee MOTION: Amezcua SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Martin ez, Reyna, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: 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 CITY COUNCIL MINUTES 8 DECEMBER 17, 2012 1 0A-8 MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Tinajero Amezcua, Benavides, Martinez, Reyna, Pulido, Sarmiento, Tinajero (7) None (0) None (0) None (0) BOARD LAST NAME FIRST NAME OC Sanitation Benavides David District OC Sanitation District MOTION: Tinajero VOTE: AYES: NOES: ABSTAIN: ABSENT: Tinajero Sal POSITION Representative 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 Tinajero Sal Representative Authority (OFCA) Orange County Fire Amezcua Angelica Alternate Authority (OFCA) MOTION: Sarmiento SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) CITY COUNCIL MINUTES 9 DECEMBER 17, 2012 1 0A-9 ABSENT: None (0) BOARD LAST NAME FIRST NAME POSITION S.A./Orange T.S.I.A. Reyna Roman Alternate S.A./Tustin T.S.I.A. MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN: ABSENT: Reyna Roman Alternate SECOND: Martinez 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 Tern 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 1 0A-10 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! CITY COUNCIL MINUTES 11 DECEMBER 17, 2012 1 0A-11 Mayor Pro Tern Tinajero • Welcomed new Councilmembers; • 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 1 0A-12