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Home My WebLink About AGENDA_2012-03-05 City Council Meeting Agenda March 5, 2012 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 6:00 PM (Immediately following the Closed Session Meeting) Miguel A. Pulido Mayor Claudia AlvarezVincent F. Sarmiento Mayor Pro Tem – Ward 5 Councilmember - Ward 1 Michele MartinezCarlos Bustamante Councilmember - Ward 2 Councilmember - Ward 3 P. David Benavides Sal Tinajero Councilmember - Ward 4Councilmember - Ward 6 Joseph StrakaPaul M. WaltersMaria D. Huizar Interim City Attorney Interim City Manager 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 Housing Authority 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 Friday. 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 COUNCIL AGENDA 2 MARCH 5, 2012 CITY OF SANTA ANA CITY COUNCIL REGULAR OPEN MEETING MARCH 5, 2012 REGULAR OPEN MEETING 6:00 p.m. (Immediately following the Closed Session Meeting) CALL TO ORDER MAYOR PULIDO COUNCILMEMBERS ALVAREZ, BENAVIDES, BUSTAMANTE, MARTINEZ, TINAJERO, SARMIENTO PLEDGE OF ALLEGIANCE MAYOR PULIDO INVOCATION Gary Tucker, Police Chaplain PRESENTATIONS CONTRACT SIGNING CEREMONY commemorating the partnership between the City of Santa Ana and the Orange County Fire Authority (OCFA) SPECIAL PRESENTATION byMothers Against Drunk Driving (MADD), Vicky Maciha, Senior Victim Advocate to the City and City Council along with the following Santa Ana Police Department officers for their efforts in deterring drunk driving: Sergeant Matt Craig Corporal Matt Wharton Officer Jimmy Correal Corporal Mark Bell Officer Wendy Beatley Officer Weston Hadley* Corporal John Crews* Officer James Berwanger Officer John Kachirisky Corporal Brett Nelson Officer Dan Carrillo *100 plus DUI arrests made. CERTIFICATE OF RECOGNITION MAYOR PRO TEM CLAUDIA presented by ALVAREZ to Genesis Consultants, LLC in honor of their recent award by Los Angeles Business Journal, Community Partners, and the Latin Business Association and for providing services and information on accessible and affordable insurance coverage to the underserved, uninsured and under-insured minority communities, accepted by Principal Partners Georgina Maldonado and Rita Cruz Gallegos. CITY COUNCIL AGENDA 3 MARCH 5, 2012 PROCLAMATION and CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER MICHELE MARTINEZ to Helen Torres, Executive Director of HOPE (Hispanas Organized for Political Equity); Dr. Thelma Melendez, Santa Ana Unified School District Superintendent; Dr. Erlinda Martinez, Santa Ana College President; and all of the women appointed to the various City of Santa Ana Boards and Commissions in honor of National Women’s History Month. CERTIFICATE OF RECOGNITIONCOUNCILMEMBER SAL TINAJERO presented by to Michael Torres for having his Mater Dei High School baseball jersey number retired and record setting baseball season with the University of Texas Longhorns. 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 Housing Authority 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. CITY COUNCIL AGENDA 4 MARCH 5, 2012 CONSENT CALENDAR CONSENT CALENDAR Approve staff recommendations on the RECOMMENDED ACTION: following Consent Calendar items: Items 10A through 39A. ADMINISTRATIVE MATTERS MINUTES 10A MINUTES OF THE REGULAR MEETING OF FEBRUARY 21, 2012 - Clerk of the Council Office Approve Minutes. RECOMMENDED ACTION: MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT – City Attorney’s Office 19B EXCUSED ABSENCES – Clerk of the Council Office 19C DESTRUCTION OF OBSOLETE RECORDS - City Manager's Office Approve the requests for the destruction RECOMMENDED ACTION: of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2006- 045. 19D QUARTERLY REPORT FOR HOUSING DIVISION PROJECTS AND ACTIVITIES: OCTOBER 2011 - DECEMBER 2011 - Community Development Agency Receive and file. RECOMMENDED ACTION: 19E REPORT ON GREENHOUSE GAS INVENTORY AND CLIMATE ACTION PLAN PROCESS - Public Works Agency Receive and file report on Greenhouse RECOMMENDED ACTION: Gas Inventory and Climate Action Plan Process. CITY COUNCIL AGENDA 5 MARCH 5, 2012 BUDGETARY MATTERS SPECIFICATIONS – PURCHASE OF EQUIPMENT AND SERVICES 22A SPEC NO. 12-019 - TASER ELECTRONIC CONTROL DEVICES (Police Department) - Finance & Management Services Award a contract to Proforce Law RECOMMENDED ACTION: Enforcement for Taser electronic control devices in an amount not to exceed $268,000. PROJECTS/CHANGE ORDERS 23A CONTRACT AWARD FOR EDNA PARK IMPROVEMENTS (PROJECT NO. 096036) - Public Works Agency; Parks, Recreation, and Community Services Agency RECOMMENDED ACTIONS: 1. Award a contract to Green Giant Landscaping, Inc., the lowest responsible bidder, in accordance with unit bid prices for the base bid plus alternates one and two in the estimated amount of $264,000 for construction of the Edna Park Improvements. 2. Approve a funding analysis with a total estimated construction cost of $369,600. 23B CONTRACT AWARD FOR SANTA ANA ZOO WALKWAY IMPROVEMENTS (PROJECT NO. 122621) - Public Works Agency and Parks, Recreation, and Community Services Agency RECOMMENDED ACTIONS: 1. Award a contract to Ben’s Asphalt, Inc., the lowest responsible bidder, in accordance with unit bid prices for the base bid plus alternate one in the estimated amount of $62,675 for construction of the Santa Ana Zoo walkway improvements. 2. Approve a funding analysis with a total estimated construction cost of $75,000. 23C CONTRACT AWARD FOR CITYWIDE RESIDENTIAL STREET REPAIR – PHASE 16 AND SANTIAGO PARK ROADWAY IMPROVEMENT (PROJECT NOS. 126753, 112618 AND 127531) - Public Works Agency; CITY COUNCIL AGENDA 6 MARCH 5, 2012 Community Development Agency; and Parks, Recreation, and Community Services Agency RECOMMENDED ACTION: 1. Award a contract to R.J. Noble Company, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $2,394,149.70 for construction of Citywide Residential Street Repair – Phase 16, Santiago Park and Memorial Park Neighborhood Roadway Improvements. 2. Approve a funding analysis with a total estimated construction cost of $2,992,500. AGREEMENTS Authorize the City Manager and Clerk of RECOMMENDED ACTION: 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 25F) 25A AGMT - RENEWAL FOR GRAFFITI REMOVAL SERVICES - With Graffiti Protective Coatings, Inc., in an amount not to exceed $600,000 for the period of March 1, 2012 through February 28, 2013 (Item continued from the February 21, 2012, City Council meeting by a vote of 7-0) - Public Works Agency 25B AGMTS – AMENDMENTS FOR REHABILITATION OF WATER WELLS - With Orange County Pump Corporation and Bakersfield Well and Pump Company, in an annual aggregate amount not to exceed $300,000 - Public Works Agency 25C AGMT - AMENDMENT FOR PREPARATION OF FOCUSED ENVIRONMENTAL IMPACT REPORT (CLIMATE ACTION PLAN) - With ICLEI, extending agreement through 2013, in an amount not to exceed $135,948 - Public Works Agency and Planning and Building Agency 25D AGMT – AMENDMENT WITH CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) - Prepare an amendment to the agreement with CASA regarding wages and other terms and conditions of employment - Personnel Services Agency CITY COUNCIL AGENDA 7 MARCH 5, 2012 25E AGMT – AMENDMENT WITH SANTA ANA MANAGEMENT ASSOCIATION (SAMA) - Prepare an amendment to the agreement with SAMA regarding wages and other terms and conditions of employment - Personnel Services Agency 25F AGMT - AMENDMENT FOR POLICE DEPARTMENT ADULT CROSSING GUARD PROGRAM - With All City Management Services Inc. (ACMS), in an amount not to exceed $850,000 – Police Department LAND USE MATTERS MISCELLANEOUS – LAND USE 39A MITIGATED NEGATIVE DECLARATION NO. 2012-19 FOR MCFADDEN- ORANGE (PACIFIC ELECTRIC) SITE Legal Notice published in the Orange County Register on February 3, 2012. RECOMMENDED ACTIONS: 1. Approve and adopt the Mitigated Negative Declaration, Environmental Review Nos. 2012-19 (McFadden- Orange Site). 2. Authorize the City Manager to direct staff to research potential grant funding to develop a new park site at the McFadden and Orange site. **END OF CONSENT CALENDAR** BUSINESS CALENDAR BUSINESS CALENDAR RESOLUTIONS 55A RESOLUTION PERTAINING TO EXECUTIVE MANAGEMENT EMPLOYEES (EM) – Personnel Services Adopt a resolution. RECOMMENDED ACTION: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 91-066 TO AMEND THE BASIC CITY COUNCIL AGENDA 8 MARCH 5, 2012 COMPENSATION PLAN FOR CERTAIN CLASSIFICATIONS OF EMPLOYMENT DESIGNATED AS UNREPRESENTED EXECUTIVE MANAGEMENT PUBLIC HEARINGS 75A PUBLIC HEARING – AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2004-03, ZONING ORDINANCE AMENDMENT 2012-01, VESTING TENTATIVE TRACT MAP NO. 2012-01 (COUNTY MAP NO. 17437) AND SITE PLAN REVIEW NO. 2012-01 FOR A NEW MULTI-FAMILY RESIDENTIAL DEVELOPMENT AT 200 EAST FIRST AMERICAN WAY; FILED BY RYAN OGULNICK ON BEHALF OF VINEYARDS DEVELOPMENT CORPORATION AT THE MET, LLC - Planning and Building Agency Planning Commission opened Public Hearing on January 23, 2012 and continued to the February 13, 2012 meeting, three motions were considered and failed. Pursuant to the Planning Commission’s bylaws, the applicant has requested the project be forwarded to the City Council for a final decision. Legal Notice published in the O.C. Reporter on February 24, 2012 and notices mailed on February 23, 2012. RECOMMENDED ACTIONS: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2011-46. 2. Place ordinance on first reading and authorize publication of title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 43 (SD-43) TO ALLOW THE CONSTRUCTION OF A MULTIFAMILY RESIDENTIAL PROJECT WITH 278 UNITS AT 200 EAST FIRST AMERICAN WAY (ZOA NO. 2012-01) 3. Place ordinance on first reading and authorize publication of title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN AMENDED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND VDC AT THE MET, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY 4. Adopt a resolution. CITY COUNCIL AGENDA 9 MARCH 5, 2012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM, ENVIRONMENTAL REVIEW NO. 2011-46; APPROVING VESTING TENTATIVE TRACT MAP NO. 2012-01 AS CONDITIONED; AND, APPROVING SITE PLAN REVIEW NO. 2012-01 AS CONDITIONED FOR THE PROPERTY LOCATED AT 200 EAST FIRST AMERICAN WAY 75B PUBLIC HEARING – LOCAL BUSINESS PREFERENCE ORDINANCE - Planning and Building Agency Legal Notice published in the O.C. Reporter on February 24, 2012. RECOMMENDED ACTIONS: 1. Place ordinance on first reading and authorize publication of title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE VII.II OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE, ESTABLISHING A PREFERENCE FOR LOCAL BUSINESSES IN THE PROCUREMENT OF MATERIALS, SUPPLIES, LABOR, EQUIPMENT OR SERVICES 2. Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SETTING A LOCAL PREFERENCE LEVEL IN THE PURCHASE OF GOODS, SUPPLIES, LABOR, EQUIPMENT AND PROFESSIONAL SERVICES 75C PUBLIC HEARING – GENERAL PLAN AMENDMENT NO. 2011-03 AND AMENDMENT APPLICATION NO. 2011-02 FOR 1302, 1306 AND 1310 EAST FOURTEENTH STREET, AND VARIANCE NO. 2011-09 FOR 1302 EAST FOURTEENTH STREET TO CONSTRUCT A NEW SINGLE FAMILY HOUSE AT 1302 EAST FOURTEENTH STREET; GAMALIEL VASQUEZ, APPLICANT - Planning and Building Agency Recommended Action approved by the Planning Commission on January 23, 2012 by a 6-0 vote (Turner absent). Legal Notice published in the O.C. Reporter on February 24, 2012 and notices mailed on February 23, 2012. RECOMMENDED ACTIONS: 1. Adopt a resolution. CITY COUNCIL AGENDA 10 MARCH 5, 2012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2011-03 FOR THE PROPERTIES LOCATED AT 1302, 1306 AND 1310 EAST FOURTEENTH STREET AND APPROVING VARIANCE NO. 2011-09 AS CONDITIONED TO ALLOW A REDUCTION IN THE FRONT YARD SETBACK FOR THE PROPERTY LOCATED AT 1302 EAST FOURTEENTH STREET 2. Place ordinance on first reading and authorize publication of title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ZONING THE PROPERTIES LOCATED AT 1302, 1306 AND 1310 EAST FOURTEENTH STREET FROM ARTERIAL COMMERCIAL (C5) TO SINGLE-FAMILY RESIDENCE (R1) (AA NO. 2011-02) HOUSING AUTHORITY MEETING (Blue 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 ADJOURNMENT - The next meeting of the City Council is scheduled for Monday, March 19, 2012 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 6:00 p.m. in the Police Community Room, 60 Civic Center Plaza, Santa Ana, California. CITY COUNCIL AGENDA 11 MARCH 5, 2012