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Home My WebLink About10A - MARCH 5 2012 MINUTESMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA MARCH 5, 2012 CLOSED SESSION MEETING CALLED TO ORDER ATTENDANCE PUBLIC COMMENTS - None COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:14 P.M. COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO COUNCILMEMBERS Absent: SAL TINAJERO CLAUDIA C. ALVAREZ, Mayor Pro Tern STAFF Present: PAUL M. WALTERS, Interim City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:14 p.m. CLOSED SESSION ITEMS 1A CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) Garth Brackman vs. City of Santa Ana, WCAB Case Nos. ADJ7460140 and ADJ7478245 Martin Burns vs. City of Santa Ana, WCAB Case Nos. ADJ7095175; ADJ7331682; and ADJ7331684 City of Santa Ana v. San Fiesta Limited Partnership Orange County Superior Court Case No. 30-2010-00431228 CITY COUNCIL MINUTES 1 1 0A-1 MARCH 5, 2012 City of Santa Ana v. Edward Yeh and Gretchen Yeh Orange County Superior Court Case No. 30-2011-00531672 1B CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION pursuant to Government Code Section 54956.9(b) - One Matter 1C 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) Santa Ana Police Management Association (PMA) Santa Ana Firemen's Benevolent Association (FBA) Santa Ana Fire Management Association (FMA) Service Employees' International Union (SEIU) Full-Time Employees Service Employees' International Union (SEIU) Part-time Civil Service Employees Confidential Association of Santa Ana (CASA) Santa Ana Management Association (SAMA) Agency Negotiator: Interim City Manager, Paul M. Walters Employee Organizations: Executive Management (EM) 1 D PUBLIC EMPLOYEE EMPLOYMENT AND APPOINTMENT pursuant to Government Code Section 54957(b)(1) Title: City Attorney; and City Manager CLOSED SESSION REPORT - See Item 19A. for Report. ADJOURNED THE CLOSED SESSION MEETING AT 5:29 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 2 MARCH 5, 2012 1 0A-2 REGULAR OPEN SESSION CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:02 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO COUNCILMEMBERS Absent: SAL TINAJERO CLAUDIA C. ALVAREZ, Mayor Pro Tem STAFF Present: PAUL M. WALTERS, Interim City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council 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) COUNCIL RECESSED at 6:36 p.m. and RECONVENED at 6:49 p.m. with same members present CERTIFICATE OF RECOGNITION presented by MAYOR PULIDO 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. SPECIAL PRESENTATION by Mothers Against Drunk Driving (MADD), Vicky Maciha, Senior Victim Advocate to the following Santa Ana Police Department officers for their efforts in deterring drunk driving: CITY COUNCIL MINUTES 3 MARCH 5, 2012 1 0A-3 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. 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. CLOSED SESSION REPORT - See Item 19A. for Report. PUBLIC COMMENT • Marilyn Montano, invited all to attend the Second Annual State of My Heart Art Exhibit VIP Reception at the Santa Ana Library on April 21, 2012. • Irma Jauregui, spoke in support of Agenda Item 39A. • Selica Diaz, also spoke in support of Agenda Item 39A; thanked the City Council for support of the project. • Larry DeCrona, spoke in opposition to Agenda Item 25A; City appears to have higher cost per truck compared to other cities. • Steve McGuigan, invited all to participate in the 50th Anniversary Celebration of the Santa Ana Zoo at Prentice Park, event will be held on March 10 and 11th from 11-2 p.m. • Archer Altstaetter, expressed concern with the proposed Santa Ana Plaza renovation schedule; suggested community input on design. • Connie Hamilton, commented that it was bitter sweet to contract fire services with the Orange County Fire Authority; also reported on recent Ward 1 Resource Meeting that was well received, thanked staff for great presentations. • Thomas Gordon, spoke on agenda Item 25A; indicated that he was overall pleased with the contractor, opined that City not enforcing ordinance; concerned with amount of money being spent on graffiti because of the amount of graffiti in the City CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 10A through 39A with the following modifications: • Councilmember Benavides pulled Agenda Item 23C for separate discussion; • Councilmember Sarmiento pulled Agenda Items 25A and 39A for separate discussion; • Councilmember Martinez pulled Agenda Item 25F for separate discussion; CITY COUNCIL MINUTES 4 1 0A-4 MARCH 5, 2012 • Councilmember Martinez abstained on Agenda Item 25E due to a campaign contribution. MOTION: Bustamante SECOND: Benavides VOTE: AYES: Benavides, Bustamante, Martinez, Pulido, Sarmiento (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Alvarez, Tinajero (2) 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 OF THE REGULAR MEETING OF FEBRUARY 21, 2012 - Clerk of the Council Office MOTION: Approve Minutes. MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT - City Attorney's Office MOTION: Approve. Exiting litigation pursuant to Government Code Section 54956.9(a): 1. Garth Brackman vs. City of Santa Ana, WCAB Case Nos. ADJ7460140 and ADJ7478245; stipulated awards (2) for $50,025, plus lifetime medical. 2. Martin Burns vs. City of Santa Ana, WCAB Case Nos. ADJ7095175, ADJ7331682, and ADJ7331684; compromise and release to resolve all claims for permanent disability and need for future medical case for $125,000. 19B EXCUSED ABSENCES MOTION: Excuse the absence of Mayor Pro Tem Alvarez and Councilmember Tinajero from the March 5, 2012 City Council meeting. CITY COUNCIL MINUTES 5 MARCH 5, 2012 1 0A-5 19C DESTRUCTION OF OBSOLETE RECORDS - City Manager's Office MOTION: Approve the requests for the destruction 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 MOTION: Receive and file. 19E REPORT ON GREENHOUSE GAS INVENTORY AND CLIMATE ACTION PLAN PROCESS - Public Works Agency MOTION: Receive and file report on Greenhouse Gas Inventory and Climate Action Plan Process. BUDGETARY MATTERS SPECIFICATIONS -.PURCHASE OF EQUIPMENT AND SERVICES 22A SPEC NO. 12-019 - TASER ELECTRONIC CONTROL DEVICES (Police Department) - Finance & Management Services MOTION: Award a contract to Proforce Law 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 MOTION: 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. CITY COUNCIL MINUTES 6 MARCH 5, 2012 1 0A-6 23B CONTRACT AWARD FOR SANTA ANA ZOO WALKWAY IMPROVEMENTS (PROJECT NO. 122621) - Public Works Agency and Parks, Recreation, and Community Services Agency MOTION: 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; Community Development Agency; and Parks, Recreation, and Community Services Agency MOTION: 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. MOTION: Benavides VOTE: AYES SECOND: Sarmiento Benavides, Bustamante, Martinez, Pulido, Sarmiento (5) NOES: ABSTAIN: ABSENT: AGREEMENTS None (0) None (0) Alvarez, Tinajero (2) 25A RENEWAL FOR GRAFFITI REMOVAL SERVICES CITY COUNCIL MINUTES 7 MARCH 5, 2012 1 0A-7 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. AGMT NO. 2012-040 - 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 MOTION: Sarmiento SECOND: Benavides VOTE: AYES: Benavides, Bustamante, Martinez, Pulido, Sarmiento (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Alvarez, Tinajero (2) 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 25B through 25E) 25B AGMT NOS. 2012-041 AND 2012-042 - 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 NO. 2012-043 - 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 NO. 2012-044 - 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 25E AGMT NO. 2012-045 - 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 *Councilmember Martinez abstained on Agenda Item 25E due to a campaign contribution. CITY COUNCIL MINUTES 8 MARCH 5, 2012 1 0A-8 25F AMENDMENT FOR POLICE DEPARTMENT ADULT CROSSING GUARD PROGRAM 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. AGMT NO. 2012-046- With All City Management Services Inc. (ACMS), in an amount not to exceed $850,000 - Police Department MOTION: Sarmiento SECOND: Benavides VOTE: AYES: Benavides, Bustamante, Sarmiento (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Alvarez, Tinajero (2) LAND USE MATTERS Martinez, Pulido, 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. MOTION: 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. MOTION: Benavides SECOND: Bustamante VOTE: AYES: Benavides, Bustamante, Martinez, Pulido, Sarmiento (5) NOES: None (0) ABSTAIN: None (0) CITY COUNCIL MINUTES 9 MARCH 5, 2012 1 0A-9 ABSENT: Alvarez, Tinajero (2) **END OF CONSENT CALENDAR** BUSINESS CALENDAR ITEMS RESOLUTIONS 55A RESOLUTION PERTAINING TO EXECUTIVE MANAGEMENT EMPLOYEES (EM) - Personnel Services MOTION: Adopt a resolution. RESOLUTION NO. 2012-005 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 91-066 TO AMEND THE BASIC COMPENSATION PLAN FOR CERTAIN CLASSIFICATIONS OF EMPLOYMENT DESIGNATED AS UNREPRESENTED EXECUTIVE MANAGEMENT MOTION: Bustamante VOTE: AYES: SECOND: Sarmiento Benavides, Bustamante, Martinez, Pulido, Sarmiento (5) NOES: ABSTAIN: ABSENT: PUBLIC HEARINGS None (0) None (0) Alvarez, Tinajero (2) 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. CITY COUNCIL MINUTES 10 MARCH 5, 2012 1 0A-10 Legal Notice published in the O.C. Reporter on February 24, 2012 and notices mailed on February 23, 2012. Bob Bisno, representing Vineyard Development Corporation for the Met, requested a two week continuance. Mayor Pulido asked if there was a motion to continue. MOTION: Continue consideration of matter to the March 19, 2012 City Council Meeting. MOTION: Benavides SECOND: Bustamante VOTE: AYES: Benavides, Bustamante, Martinez, Pulido, Sarmiento (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Alvarez, Tinajero (2) 75B PUBLIC HEARING - LOCAL BUSINESS PREFERENCE ORDINANCE - Planning and Building Agency Legal Notice published in the O.C. Reporter on February 24, 2012. Staff report presented by Executive Director of Planning and Building Agency, Jay Trevino Background • General direction from the City Council to promote and support local businesses • Interdepartmental committee assembled to analyze current policies and procedures • City currently uses a 1 % bid preference for Santa Ana businesses • City Charter limits the use of local preference • Other funding sources also prohibit the use of local preference Ordinance Goals • Promote local businesses by offering an advantage for local businesses • Enhance economic activity as money re-circulates in the local economy • Minimize the impact on local businesses to participate and City to administer the program Analysis CITY COUNCIL MINUTES 11 MARCH 5, 2012 1 0A-11 • City released (57) Requests for bids and services in 2010 totaling $6.5 million dollars • Analysis of a sample of those bids indicated a 7% preference would have resulted in 25% of contracts being awarded to local businesses • Recognize that Santa Ana is part of a larger regional economy Proposed Incentives • Tiered preference system 0 7% preference for Santa Ana businesses 0 4% preference for Orange County businesses • Preference level consistent with other cities programs • Use the State Department of General Services to certify businesses Outreach to Business Community • Proposed ordinance sent to various business groups o Orange County Business Council o Santa Ana Chamber of Commerce o Orange County Hispanic Chamber of Commerce o Vietnamese American Chamber of Commerce o Black Chamber of Commerce of Orange County o Santa Ana Merchants Association Proposal well received Fiscal Impact • Estimated fiscal impact about $26,000 • Does not account for the economic benefits that local preference ordinances have on the local economy • Multiplier effects when money stays in the local economy Mayor Pulido opened the Public Hearing at 8:04 p.m. There were no speakers and the hearing closed. Council discussion ensued. Council directed staff to provide information to all of the community and businesses on new program. MOTION: 1. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS-2828 - 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. RESOLUTION NO. 2012-006 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SETTING A LOCAL PREFERENCE CITY COUNCIL MINUTES 12 MARCH 5, 2012 1 0A-12 LEVEL IN THE PURCHASE OF GOODS, SUPPLIES, LABOR, EQUIPMENT AND PROFESSIONAL SERVICES MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Benavides, Bustamante, Martinez, Pulido, Sarmiento (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Alvarez, Tinajero (2) 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. Mayor Pulido opened the Public Hearing at 8:15 p.m. There were no speakers and the hearing closed. MOTION: 1. Adopt a resolution. RESOLUTION NO. 2012-007 - 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. ORDINANCE NO. NS-2829 - 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) CITY COUNCIL MINUTES 13 MARCH 5, 2012 1 0A-13 MOTION: Bustamante SECOND: Martinez VOTE: AYES: Benavides, Bustamante, Martinez, Pulido, Sarmiento (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Alvarez, Tinajero (2) THE CITY COUNCIL MEETING RECESSED AT 8:15 P.M. TO THE HOUSING AUTHORITY MEETING; THE CITY COUNCIL MEETING RECONVENED AT 8:16 P.M. WITH SAME MEMBERS PRESENT. COMMENTS 90A CITY MANAGER'S COMMENTS - None 90B CITY COUNCILMEMBER COMMENTS Councilmember Sarmiento: • Invited all to participate in the upcoming 50th Anniversary Celebration of the Santa Ana Zoo at Prentice Park; and • Thanked Voice of OC for article on City's efforts to solve budget deficit. Councilmember Martinez: • Requested a moment of silence for recent victims of the tornadoes in the Mid-West and asked for residents to assist; • Expressed gratitude to the Santa Ana Police Department for recovering her bicycle that had been stolen; and • Thanked Fire Chief Dave Thomas for commitment to the City. Councilmember Bustamante: • Commented on recent article by Voice of OC on budget that appears to be fair and balanced. Councilmember Benavides: • Remarked on agenda item approved at tonight's meeting that invests in our community - park at Pacific Electric site; thanked colleagues for efforts and support; • Have received support to sponsor a 5k Run and will be working to bring that event to the City; and • Urged all to attend the upcoming celebration at the Santa Ana Zoo. CITY COUNCIL MINUTES 14 MARCH 5, 2012 1 0A-14 Mayor Pulido: Expressed well wishes to the residents of the Mid-West as they recover from recent catastrophic tornadoes. ADJOURNED- 8:22 P.M. 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 MINUTES 15 MARCH 5, 2012 1 0A-15 1 0A-16