City Council Meeting Agenda

May 6, 2013

CLOSED SESSION MEETING
City Council Chamber
22 Civic Center Plaza
Santa Ana, California
5:00 PM

REGULAR OPEN MEETING
CITY COUNCIL CHAMBER
22 Civic Center Plaza
5:45 PM
(Immediately following the Closed Session Meeting)

Miguel A. Pulido
Mayor

Sal Tinajero
Mayor Pro Tem - Ward 6

Michele Martinez
Councilmember - Ward 2

P. David Benavides
Councilmember - Ward 4

 

Vincent F. Sarmiento
Councilmember - Ward 1

Angelica Amezcua
Councilmember Elect – Ward 3

Roman A. Reyna
Councilmember Elect – Ward 5

Sonia R. Carvalho
City Attorney
Kevin O’Rourke
Interim City Manager
Maria D. Huizar
Clerk of the Council

NOTE: If you need special assistance to participate in this Council meeting, please contact Ellen Smiley, City ADA Program Coordinator, at (714) 647-5340. Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102]

 

Basic City Council Meeting

Information

Code of Ethics and Conduct - The people of the City of Santa Ana, at an election held on February 5, 2008, approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. A copy of the City’s Code can be found on the Clerk of the Council’s webpage.  The following are the core values expressed: Integrity · Honesty · Responsibility · Fairness · Accountability · Respect · Efficiency

Agenda Information - The agenda descriptions provide the public with a general summary of the items of business to be considered by the Council. The Council is not limited in any way by the “Recommended Action” and may take any action which the council deems to be appropriate on an agenda item.  Except as otherwise provided by law, no action shall be taken on any item not listed on the agenda. 

Public Comments/Public Input - Pursuant to Government Code Sec. 54954.3, the public may address the City Council and any other legislative body scheduled to meet on same day and time on any and all matters within the City of Santa Ana's jurisdiction.

      At the discretion of the Chair, at the first Public Comment portion of the meeting, all comments may be considered jointly.  The public will be given the opportunity to speak three (3) minutes on any and all matters contained on any of the Consent Calendar and Business Calendar items and/or on issues of public interest within the jurisdiction of the City.  For public hearings, members of the public shall be given three (3) minutes for each duly noticed hearing (unless the matter is continued prior to taking public testimony). All requests to speak shall be submitted in writing to the Clerk of the Council at the beginning of the meeting and before Public Comments begin. Speaker forms will be available at the meeting.

      REQUESTS TO SPEAK SHALL NOT BE ACCEPTED AFTER THE PUBLIC COMMENT SESSION BEGINS WITHOUT PERMISSION OF THE CHAIR.  When speaking, all persons addressing the City Council shall follow the rules of decorum as detailed on the back of the speaker form.  The presiding officer shall have the power and responsibility to enforce decorum and order of the meeting as set forth in Section 2-104(c) of the Santa Ana Municipal Code.

Consent Calendar - All matters listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion without discussion unless a member of the Council “pulls” an item(s) from the consent calendar for a separate vote. 

Senate Bill 343 - As required by Senate Bill 343, any non-confidential writings or documents provided to a majority of the City Council members regarding any item on this agenda will be made available for public inspection in the Clerk of the Council Office during normal business hours.

Agenda & Minutes - Staff reports and documents relating to each agenda item are on file in the Office of the Clerk of the Council and are available for public inspection during regular business hours, 8:00 a.m. – 5:00 p.m., Monday through Thursday. The Clerk’s office is located in City Hall, 20 Civic Center Plaza, Room 809, Santa Ana, California, (714)647-6520.  Council meeting agendas, staff reports, and Minutes are available the Friday before a Council meeting at the following website address: www.santa-ana.org

Televised Meeting Schedule - All regular meetings will be televised and available for viewing on the City’s cable channel.  Meetings held in the Council Chamber or other designated locations which are televised live on CTV3 Time Warner Cable will be cablecast Mondays at 6:00 p.m., Tuesdays immediately following the meeting at 9:00 a.m., Wednesdays at 6:00 p.m., and Sundays at 1:00 p.m.  Meetings held in locations that do not have a live cable feed will be videotaped and shown on CTV3 the day after the meeting. 

      DVD copies of the meetings for loan will be available for public circulation at the Santa Ana Main Library the day after a meeting.

 

 

CITY OF SANTA ANA

CITY COUNCIL,
SUCCESSOR AGENCY, AND
HOUSING AUTHORITY MEETING

CLOSED SESSION MEETING

AGENDA

 

5:00 P.M.
MAY 6, 2013

City Council Chamber
22 Civic Center Plaza
Santa Ana, California  92702

 

CALL TO ORDER                                             Mayor PULIDO

Councilmembers AMEZCUA, BENAVIDES, MARTINEZ, REYNA, SARMIENTO, TINAJERO

City Manager, City Attorney, Clerk of the Council

 

PUBLIC COMMENTS - Members of the public may address the City Council on items on the Closed Session Agenda.

 

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)

 

 

 

 

1B                   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’ International Union (SEIU) Full-Time Employees

 

1C                   PUBLIC EMPLOYEE – APPOINTMENT AND PERFORMANCE evaluation pursuant to Government Code Section 54957(b)(1)

                        Title: City Manager

 

CLOSED SESSION REPORT  - The City Attorney will report on any action(s) to be taken at the Regular Meeting which will begin immediately following the Closed Session Meeting.

 

 

Adjourn Closed Session and convene to the Regular Open Session.

 

CITY OF SANTA ANA
CITY COUNCIL REGULAR OPEN MEETING

MAY 6, 2013

 

REGULAR OPEN MEETING                    5:45 p.m. (Immediately following the Closed Session Meeting)

 

CALL TO ORDER                                       MAYOR PULIDO

COUNCILMEMBERS AMEZCUA, BENAVIDES, MARTINEZ, REYNA, TINAJERO, SARMIENTO

 

PLEDGE OF ALLEGIANCE                      MAYOR PULIDO

 

INVOCATION                                               Police Chaplain

 

PRESENTATIONS

EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to:

20 YEARS OF SERVICE                           Laura V. Canales, Correctional Supervisor, Police Department

 

CERTIFICATE OF RECOGNITION presented by MAYOR PULIDO to Terry Dwyer, President of Segerstrom Center for the Arts, for partnering with the City to promote the arts to students through their educational programs.

 

CERTIFICATES OF RECOGNITION presented by MAYOR PULIDO to Mater Dei High School Basketball Team and Coaches; ten time California State High School Basketball Champions and the most recognized basketball team in Orange County and the State. 

Team members:

 

 

 

 

Pierre Aguirre

 

Ben Humphreys

 

James McGee

Elijah Brown

 

Jayce Johnson

 

Chris Nealey

MJ Cage

 

Stanley Johnson

 

Charlie Noebel

Billy Fay

 

Jamie Kobayashi

 

La'vette Parker

Sam Ghods

 

Troy Kramer

 

Jacob Scherer

 

 

 

 

 

Team members Cont’d.:

 

 

 

 

Matthew Seatter

 

Head Coach Gary McKnight

 

 

Mario Soto

 

Assistant Head Coach Jason Quinn

 

 

Bailey Stout

 

 

 

 

Jordan Strawberry

 

Assistant Coaches:

 

 

Andrew Tisdale

 

Bob Serven

 

 

Victor Ujkic

 

Clay McKnight

 

 

Brandon Wiehe

 

Sean Stevenson.    

 

 

 

CERTIFICATES OF RECOGNITION presented by MAYOR PRO TEM TINAJERO and COUNCILMEMBER AMEZCUA the Saddleback High School Varsity Soccer Team for winning the 2013 CIF-SS Division 5 Championship

Team members:

 

 

 

 

Jimmy Aviles

 

Mario Guerrero

 

Coach Mike Silva

Daniel Barrientos

 

Deriam Lopez

 

 

Victor Bucio

 

David Magdaleno

 

Assistant Coaches

Juan Canales

 

Abraham Martinez

 

Eric Zuniga

Brady Carbajal

 

Luis Mejia

 

Leopoldo Orozco

Gary Carbajal

 

Eduardo Pasallo

 

Oscar Zuniga

Raul De La Torre

 

Mario Ramirez

 

Carlos Amezcua

Alonso De La Torre

 

Oscar Sandoval

 

 

Edward Diaz

 

Jose Valdez

 

 

Eddie Flores

 

Daniel Vasquez

 

 

Bryan Galindo

 

Ivan Zamora

 

 

Eder Gonzalez

 

 

 

 

 

CERTIFICATES OF RECOGNITION presented by MAYOR PRO TEM TINAJERO and COUNCILMEMBER SARMIENTO to Roman Beltran and Agustin Gonzalez in recognition of their time volunteering in such events as Day of the Dead and Harvey Milk Day.

 

CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER AMEZCUA to Jill Calhoun, facilities manager of Da Vita, Inc. and Lee Kane, Program Manager for non-profit organization - Shoes that Fit - for collaborating to donate brand new shoes to every student at Carver and Lincoln Elementary schools.

 

CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER AMEZCUA to Professor Martin Morachimo for bringing Gracie Barra Brazilian Jiu Jitzu to Santa Ana.

 

 

PROCLAMATIONS presented by COUNCILMEMBER MARTINEZ to Darrell Johnson, Orange County Transportation CEO and Rye Baerg, Southern California Regional Policy Manager for the Safe Routes to School National Partnership in recognition of National Bike to Work Week and National Bike to School Day.

 

CERTIFICATES OF RECOGNITION presented by COUNCILMEMBERS MARTINEZ and SARMIENTO to Aaron Kushner and Eric Spitz, the new owners of the Orange County Register.

 

CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER REYNA to Santa Ana Unified School District Superintendent Dr. Thelma Meléndez de Santa Ana, Ph.D, for leading the school district in the implementation of Common Core Standards.

 

CLOSED SESSION REPORT
The City Attorney will report items to be added to Consent Calendar Item 19A from the Closed Session meeting.

 

PUBLIC COMMENT 
Pursuant to Government Code Sec. 54954.3, the public may address the City Council and any other legislative body scheduled to meet on same day and time on any and all matters within the City of Santa Ana's jurisdiction. 

At the discretion of the Chair, at the first Public Comment portion of the meeting, all comments may be considered jointly.  The public will be given the opportunity to speak three (3) minutes on any and all matters contained on any of the Consent Calendar and Business Calendar items and/or on issues of public interest within the jurisdiction of the City.  For public hearings, members of the public shall be given three (3) minutes for each duly noticed hearing (unless the matter is continued prior to taking public testimony). All requests to speak shall be submitted in writing to the Clerk of the Council at the beginning of the meeting and before Public Comments begin. Speaker forms will be available at the meeting.

REQUESTS TO SPEAK SHALL NOT BE ACCEPTED AFTER THE PUBLIC COMMENT SESSION BEGINS WITHOUT PERMISSION OF THE CHAIR.  When speaking, all persons addressing the City Council shall follow the rules of decorum as detailed on the back of the speaker form.  The presiding officer shall have the power and responsibility to enforce decorum and order of the meeting as set forth in Section 2-104(c) of the Santa Ana Municipal Code.

 

 

 

 

Text Box: CONSENT CALENDAR 

 

 


Recommended Action:  Approve staff recommendations on the following Consent Calendar items: Items 10A through 29A.

 

ADMINISTRATIVE MATTERS

MINUTES

10A                 MINUTES FROM THE SPECIAL MEETING OF APRIL 8, 2013 - Clerk of the Council Office

                        Recommended Action:    Approve Minutes.

 

10B                 MINUTES FROM THE REGULAR AND SPECIAL MEETING OF APRIL 15, 2013 - Clerk of the Council Office

                        Recommended Action:    Approve Minutes.

 

10C                 MINUTES FROM THE SPECIAL MEETING OF APRIL 16, 2013 - Clerk of the Council Office

                        Recommended Action:    Approve Minutes.

 

10D                 MINUTES FROM THE SPECIAL MEETING OF APRIL 29, 2013 - Clerk of the Council Office

                        Recommended Action:    Approve Minutes.

 

BOARDS / COMMISSIONS / COMMITTEES

13A                 BOARDS AND COMMISSIONS BIANNUAL ATTENDANCE REPORT - OCTOBER 2012 THROUGH MARCH 2013 - Clerk of the Council Office

                        RECOMMENDED ACTION: Receive and file.

 

 

 

MISCELLANEOUS ADMINISTRATION

19A                 CLOSED SESSION REPORT – City Attorney’s Office

 

19B                 EXCUSED ABSENCES – Clerk of the Council Office

 

19C                 QUARTERLY REPORT OF INVESTMENTS AS OF MARCH 31, 2013 - Finance & Management Services

                        RECOMMENDED ACTION:   Receive and file.

 

19D                 QUARTERLY REPORT OF CONTRACTS ENTERED INTO BY THE CITY MANAGER - Finance & Management Services

                        RECOMMENDED ACTION:  Receive and file the Quarterly Report of Contracts entered into between January 1, 2013 to March 31, 2013 valued at $25,000 and less.

 

19E                 DESTRUCTION OF OBSOLETE CITY RECORDS - City Manager's Office and Police Department.

RECOMMENDED ACTION:   Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2013-014 

 

BUDGETARY MATTERS

 

SPECIFICATIONS – PURCHASE OF EQUIPMENT AND SERVICES

22A                 SPEC. NO. 13-016 - SEWER MANHOLE REHABILITATION AND LINING SERVICES (Public Works Agency) - Finance & Management Services

                        Recommended Action:  Award a contract to Zebron Contracting, Inc. for a one-year period, with provisions for three one-year renewals, in an annual amount not to exceed $75,000

 

 

PROJECTS/CHANGE ORDERS

23A                 CONTRACT AWARD FOR TRAFFIC SIGNAL MODIFICATION AT MCFADDEN AVENUE AND LYON STREET (PROJECT NO. 126760) - Public Works Agency

RECOMMENDED ACTIONS:

 

 

23B                 CONTRACT AWARD FOR MADISON PARK COMMUNITY GARDEN CENTER AND BASKETBALL COURT, GARFIELD COMMUNITY CENTER OVERFLOW PARKING LOT, AND MABURY PARK SECURITY LIGHTING  (PROJECT NOS. 137516, 107564 & 137512 ) - Public Works Agency, Community Development Agency and Parks, Recreation and Community Services Agency)

RECOMMENDED ACTIONS:  

 

 

23C                 CONTINGENCY INCREASE FOR BROADWAY REHABILITATION; ANAHURST TO FIRST STREET (PROJECT NOS. 116736 & 116746) - Public Works Agency

RECOMMENDED ACTION: Increase the contingency for the Broadway Rehabilitation Project by $80,000, which will increase the total funds available for the construction contract with All American Asphalt, Inc., to $2,767,682.

 

 

AGREEMENTS

Recommended Action:  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 through 25C)

25A                 AGMT - FEDERAL GOVERNMENT LIAISON SERVICES - With Holland & Knight in an annual amount not to exceed $84,000 for a one-year term with the option, at the City's discretion, of up to four one-year renewals - City Manager's Office

                        Continued from the April 1, 2013 City Council meeting by a vote of 7-0.

 

25B                 AGMT - VOCATIONAL TRAINING AND WORK EXPERIENCE PROGRAM - With the County of Orange Social Services Agency in an amount of $1,600,000 for a term effective July 1, 2013 through June 30, 2015 - Community Development Agency

 

25C                 AGMT - ACTIVE SHOOTER TRAINING PROGRAM, URBAN AREAS SECURITY INITIATIVE GRANT (UASI) - With Government Training Institute, Inc., in an amount not to exceed $200,000 - Police Department

 

MISCELLANEOUS - BUDGET

29A                 CONSOLIDATED PLAN ANNUAL UPDATE AND SUBSTANTIAL AMENDMENTS FOR FEDERAL FUNDED COMMUNITY PLANNING AND DEVELOPMENT PROGRAMS - Community Development Agency

                        RECOMMENDED ACTIONS:

 

 

**END OF CONSENT CALENDAR**

 

Text Box: BUSINESS CALENDAR 

 

 


RESOLUTIONS

55A                 EXTENSION OF CONDITIONAL USE PERMIT NO. 2010-15 TO ALLOW A CARE HOME FOR THE ELDERLY AT 1600 EAST FIRST STREET – FARAMARZI FAMILY TRUST, APPLICANT - Planning and Building Agency

RECOMMENDED ACTION:  Adopt a resolution.   

                        A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA for the extension of CONDITIONAL USE PERMIT NO. 2010-15 for one year for the property located at 1600 East FIRST STREET

 

55B                 AUTHORIZE GRANT APPLICATIONS FOR MEASURE M2 ENVIRONMENTAL CLEANUP PROGRAM (TIER 1, CALL 3) - Public Works Agency

RECOMMENDED ACTION:  Adopt a resolution.   

                        A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE SUBMITTAL OF PROJECTS TO ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE MEASURE M2 ENVIRONMENTAL CLEANUP PROGRAM

 

REPORTS

65A                 Action Items from City Council Study Session on Council Practices, Policies and Protocols - City Manager's Office

                        RECOMMENDED ACTIONS:

 

 

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE CITY COUNCIL RULES AND PROCEDURES TO ESTABLISH PROCEDURES FOR CALLING SPECIAL MEETINGS, ALTERING THE AGENDA FORMAT TO PROVIDE FOR COUNCIL REPORTS,  CHANGING THE DAY OF REGULAR COUNCIL MEETINGS,  AND REPEALING RESOLUTION NO. 2012-025.

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING CERTAIN COMMITTEES OF THE CITY COUNCIL AND REPEALING RESOLUTION NO. 2013-002 REGARDING COMMITTEES OF THE CITY COUNCIL

 

PUBLIC HEARINGS

75A                 PUBLIC HEARING – RESOLUTION AUTHORIZING CONDEMNATION OF A PORTION OF REAL PROPERTY AT 2909 S. BRISTOL (PROJECT NO. 063510 NON-GENERAL FUND), AP 410-411-19 - Public Works Agency

Legal Notice mailed to property owners on March 14, 2013.

Mayor Pulido opened the Public Hearing at the April 1, 2013 City Council meeting.  Daniel Wright of the Silverstein Law Firm addressed council.  There were no additional speakers, Hearing closed. 

                        Continued from the April 1, 2013 and April 15, 2013 City Council meeting by a vote of 7-0. 

                        RECOMMENDED ACTION: Adopt a resolution.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA LOCATED AT 2909 S. BRISTOL STREET (APN 410-411-19)

 

 

75B                 PUBLIC HEARING – COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) FY 2013-2014  - Community Development Agency

                        Legal Notice published in the Orange County register on March 18, 2013 .

Mayor Pulido opened the Public Hearing at the April 1, 2013 City Council meeting.  There were no speakers and he closed the Hearing closed. 

                        Continued from the April 1 and April 15, 2013 City Council meeting by a vote of 7-0.

                        RECOMMENDED ACTIONS:

1.   Approve the proposed Fiscal Year 2013-2014 Community Development Block Grant Program.

2.   Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute memorandums of understanding.

AGMTS - With City departments and agreements with nonprofit agencies awarded funds as part of the approved program

 

75C                 PUBLIC HEARING – TOWN AND COUNTRY MANOR TAX EQUITY AND FISCAL RESPONSIBILITY (TEFRA) REQUEST - Community Development Agency

Legal Notice published in the Orange County Register on April 22, 2013.

                        RECOMMENDED ACTIONS: 

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ISSUANCE OF REVENUE BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY FOR THE PURPOSE OF REFINANCING THE ACQUISITION, CONSTRUCTION AND IMPROVEMENT OF CERTAIN RETIREMENT, NURSING AND ASSISTED LIVING FACILITIES AT TOWN AND COUNTRY MANOR AND CERTAIN OTHER MATTERS PERTAINING THERETO

 

JOINT SESSIONS OF THE CITY COUNCIL AND THE HOUSING AUTHORITY AGENCY 

80A                 JOINT ACTION BY THE CITY COUNCIL / HOUSING AUTHORITY - FUNDING ALLOCATIONS FOR THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM FISCAL YEAR 2013 – 2014 – Community Development Agency

At its regular meeting on April 16, 2013, by a vote of 7:0 the Community Redevelopment and Housing Commission approved the recommended actions.

 

CITY COUNCIL ACTION

                        RECOMMENDED ACTIONS:  Authorize the City Manager and the Clerk of the Council to execute a cooperative agreement, subject to non-substantive changes approved by the City Manager and City Attorney.

AGMT - With the County  of Orange Health Care Agency in an amount of $ 827,051 for a one-year term to provide supportive housing services to HIV/AIDS-affected individuals in the County of Orange.

 

HOUSING AUTHORITY ACTION

RECOMMENDED ACTIONS: 

 

AGMT - Between the City of Santa Ana and the Housing Authority of the City of Santa Ana in the amount of $600,000 for a one-year term for the implementation of the Housing Opportunities for Persons with AIDS Tenant-Based Rental Assistance Program

 

AGMT - With AIDS Services Foundation Orange County in an amount not to exceed $12,000 for a one-year term to administer the wait list for the Tenant-Based Rental Assistance Program

 

HOUSING AUTHORITY MEETING (Blue Agenda)

 

SUCCESSOR AGENCY MEETING (Salmon Agenda)

 

COMMENTS

 

PUBLIC COMMENTS (If not considered by the Chair at an earlier time.  Please refer to Basic City Council Meeting Information page for details).

 

90A                 CITY MANAGER’S COMMENTS

 

90B                 CITY COUNCILMEMBER COMMENTS - AB1234 Disclosure:  This is also the time for members of the Council to provide a brief oral report on any conference, meeting or travel paid for by the City.  If more than one Councilmember attended the same event, the Mayor may designate one attendee to give the report.

 

ADJOURNMENT  -    Special meeting of the City Council is scheduled for Tuesday, May 7, 2013 at 5:00 p.m., at the City Hall, Ross Annex, Room 1600, 20 Civic Center Plaza, Santa Ana, California. 

Adjourn in Memory of
Jose Vargas

 

 

Future Agenda Items