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HomeMy WebLinkAbout FULL PACKET_2006-04-17_Revised MEMORANDUM (~f'~ 'II" .." ~" ciaJ.....;- ~.. o:.--~- ) ~ To: 1j<?~.9i~~!e Mayor anggg~~~ilmEl~_~er~ Date: __~p~il~~,_~006 F-rom: Clerk ofJb.~ Council Subject: ADOlIlONALJTEMS FOR THEAPB!L_1.L~Q2.~__GQ1JNCIL ME~IING Attached are the following items for Monday's City Council meeting: · Revised April 17, 2006 City Council Agenda Pages 4, 6 and 7 . Addition of 13.0. (Page 4) . Addition of Item 20.A. (Page 6-7) · Item 20.A. - Request for Council Action (Staff Report) · Adjourned Regular Meeting Minutes for April 3, 2006 · Regular Meeting Minutes for April 3, 2006 · Adjourned Regular Meeting - Closed Session Agenda for April 17, 2006 (pink) If you have any questions, please call my office at 647-6520. c: EMT 1:\AGENDA\Memos\MEMO AGENDA 4-17-06.doc - , ,J REVISED 04/14/06 City of Santa Ana Council Meeting Agenda APRIL 17, 2006 6:05 p.m. POLICE COMMUNITY ROOM 60 Civic Center Plaza ~ ~ Miauel A. Pulido Mayor Lisa Bist Mayor Pro Tem - Ward 2 Alberta D. Christy Councilmember - Ward 4 Jose Solorio Councilmember - Ward 1 Claudia C. Alvarez Councilmember - Ward 5 Carlos Bustamante Councilmember - Ward 3 Mike Garcia Councilmember - Ward 6 Joseph W. Fletcher City Attorney David N. Ream City Manager Patricia E. Healy Clerk of the Council AGENDA INDEX PAGE Consent Calendar...................................................................................................................... ................................................... 3-10 Business Calendar...................................................................................................................... ..................................................... 11 Public Hearings........................................................................................................................................................................... 11-13 Community Redevelopment Agency Meeting ............................................................................................................... Green Agenda Work Study Session .............................................................................................................................. .......................................... 14 Public Comments...................................................................................................................... ....................................................... 14 Council Comments.......................................................................................................................................................................... 14 NOTE: If you need special assistance to participate in this Council meeting, contact, Mary Kelley, City ADA Program Coordinator, at (714) 647-5340. Please call prior to the meeting to allow the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.102.) American Disabilities Act Title II) Iii. ... BASIC CITY COUNCIL MEETING INFORMATION AGENDA DESCRIPTIONS 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 appearing on the agenda. All supporting documentation for this Agenda is available for public review in the Clerk of the Council Office 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, and will be available for viewing in the Council Chambers during the meeting. PUBLIC INPUT An opportunity for the public to address the Council on agenda items will be provided before or during consideration of the item. Members of the public who wish to speak on any item on the agenda are requested to complete a speaker card for each item to be addressed, and present the completed card(s) to the Clerk of the Council. Requests to speak on multiple items may be combined at the discretion of the City Council. Speaker forms are available on the speaker's podium and Chamber Lobby. The Council will also provide an opportunity for the public to speak on items of general interest within the subject matter jurisdiction of the Council and all related agencies. The Council and agencies may convene in joint session to receive public comments on matters within the jurisdiction of any such governing bodies. To speak on non-agenda matters, check the Public Comments box on the speaker form. When speaking, please state your name and address. Limit your remarks to three (3) minutes on each agenda item. When any group desires to address the City Council, the Council may request that its members agree on a spokesperson to make the presentation. The number of speakers and allotted time may be limited at the discretion of the City Council. 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. A member of the Council may "pull" any item from the Consent Calendar for a separate vote. Persons wishing to speak regarding Consent Calendar matters should file a "Request to Speak" form with the Clerk of the Council, in which case the item will also be "pulled" from the Consent Calendar. TELEVISED MEETING SCHEDULE Regular City Council meetings held in the Council Chamber are televised live on CTV3 Santa Ana Adelphia Cable and cablecast Mondays at 6:00 p.m., Tuesdays immediately following the Council Meeting at 9:30 a.m., Wednesdays at 6:30 p.m., and Sundays at 1:00 p.m. Three (3) videotape copies of the Council meeting cable broadcast are available for public circulation at the Santa Ana Main Library the day after the Council meeting AGENDA & MINUTES ON INTERNET City Council Meeting Agendas and Minutes are available the Friday before a Council meeting at the following website address: www.cLsanta-ana.ca.us CITY COUNCIL AGENDA 2 APRIL 17, 2006 CLOSED SESSION Police Chiefs Conference Room 60 Civic Center Plaza, 4th Floor 5:15 p.m. CALL TO ORDER APRIL 17, 2006 MAYOR PULIDO Councilmembers ALVAREZ, BIST, BUSTAMANTE, CHRISTY, GARCIA, SOLORIO City Manager, City Attorney, Clerk of the Council PLEDGE OF ALLEGIANCE MAYOR PULIDO INVOCATION Bob Barnett, Police Chaplain CONSENT CALENDAR Recommended Action: Approve staff recommendations on the following Consent Calendar items. ADMINISTRATIVE MATTERS MINUTES Recommended Action: Approve minutes. (Items 10.A. and 10.B.) 10.A. ADJOURNED REGULAR MEETING OF APRIL 3, 2006 10.B. REGULAR MEETING OF APRIL 3,2006 BOARDS/COMMISSIONS/COMMITTEES 13.A. VACANCY REPORT -APRIL 12, 2006 Recommended Action: CITY COUNCIL AGENDA 3 APRIL 17, 2006 I REVISED 04/14/06 CONSENT CALENDAR The Vacancy Report reflects only appointments made by the Council. BOARD/COMMISSION VACANCIES WARD Environmental & Transportation 2 Santa Ana Committee Chamber & 5 Human Relations Commission 1 5 Youth Commission - Alternate ~ 2, &6 TOTAL 5 BOARD/COMMISSION EXPIRED WARD TERMS Community Redevelopment / 1 Mayor Housing Commission Personnel Board 1 Mayor Youth Commission - Alternate 1 3 TOTAL 3 13.B. COUNCIL COMMITTEE REPORTS Committee Name Neighborhood Improvement/Code Enforcement Date 02/28/06 13.C. BOARDS AND COMMISSIONS BI-ANNUAL ATTENDANCE REPORT OCTOBER 2005 THROUGH MARCH 2006 Recommended Action: Receive and file Boards and Commission Bi-Annual Attendance Report. 13.D. APPOINTMENTS Recommended Action: Appoint Daniel C. Hernandez to the Human Relations Commission, recommended by Council member Alvarez as the Ward 5 representative for a term expiring November 30, 2008. (Replacing E. Figueroa) CLERK OF THE COUNCIL POSTING REPORT The following notices were posted pursuant to the Brown Act and the Maddy Act. Council Agendas and Board and Commission resignations are posted on the door of the Council Chambers at 22 Civic Center Plaza and Committee Agendas on the door of City Hall at 20 Civic Center Plaza. CITY COUNCIL AGENDA 4 APRIL 17, 2006 CONSENT CALENDAR Recommended Action: 15.A. 15.B. 15.C. 15.0. 15.E. 15.F. Instruct Clerk to enter postings into the Minutes. (Items 15.A. through 15.F.) Council Meetina Aaendas Meetina Date Posted Time City Council Agenda 04/03/06 03/29/06 5:20 p.m. Revised City Council Agenda 04/03/06 03/31/06 5:00 p.m. Adj. Regular Meeting Agenda 04/03/06 03/31/06 5:00 p.m. Council Committee Aaendas Meetina Date Posted Time Public Safety 03/13/06 03/10/06 1 :00 p.m. Main Street Development 04/06/06 04/03/06 5:15 p.m. Boards/Commission Resianation Effective Posted Time Lawrence Labrado, WIB 03/16/05 04/20/06 3:30 p.m. MAYORAL PROCLAMATIONS / CERTIFICATES Recommended Action: 16.A. 16.B. 16.C. 16.0. 16.E. Declare and instruct clerk to enter proclamations/certificates into the Minutes. (Items 16.A. through 16.E.) Honoree Date WCB Properties Broker Open House American Diabetes Association Health Fair Luevano Foundation: Sister Cecilia Duran-Educational Honoree Mary Rourke-Benefactor Honoree Scholarship Recipients National & Global Youth Service Day 03/30/06 04/02/06 04/02/06 04/05/06 04/05/06 MISCELLANEOUS ADMINISTRATION FINAL MAP NOTIFICATIONS Pursuant to Section 34-183 of the Santa Ana Municipal Code, the City Engineer has received this Final Map and is in the process of reviewing the map for final approval. The City Engineer shall approve or disapprove this map within 10 days of the City Council Meeting. CITY COUNCIL AGENDA 5 APRIL 17, 2006 REVISED 04/14/06 CONSENT CALENDAR 17.A. FINAL PARCEL MAP NO. 2002-248 - 325 WEST PINE STREET Recommended Action: Receive and file. 17.B. FINAL TRACT MAP NO. 16622 - 9 EAST HUTTON CENTRE DRIVE Recommended Action: Receive and file. 17.C. FINAL TRACT MAP NO. 16558 - 900-920 EAST SANTA ANA BOULEVARD Recommended Action: Receive and file. 17.D. FINAL TRACT MAP NO. 16754 - 900-920 EAST SANTA ANA BOULEVARD Recommended Action: Receive and file. 19.A. CLOSED SESSION REPORT (The City Attorney will report items to be considered from the 5:30 p.m., Closed Session) 19.B. EXCUSED ABSENCES BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20.A. APPROPRIATION ADJUSTMENT AND AMENDMENT TO VARIOUS AGREEMENTS AND LAND EXCHANGES RELATING TO BOWERS MUSEUM EXPANSION AND STEADFAST COURTYARDS, L.P. 1. Approve an appropriation adjustment. (Requires 5 affirmative votes) CITY COUNCIL AGENDA 6 APRIL 17, 2006 REVISED 04/14/06 CONSENT CALENDAR APPROPRIATION ADJUSTMENT NO. 06-123 - Recognizing $750,000 from Steadfast Courtyards, L.P. to pay a portion of the cost of the Bowers Museum's new north parking lot. 2. Approve an amendment to the Land Exchange Agreement between the City of Santa Ana Steadfast Courtyards. L.P. 3. Approve First Amendment to the Ground Lease and Second Amendment of the Amended and Restated Operating Agreement between the City of Santa Ana and the Charles W. Bowers Museum Corporation. SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Recommended Action: Award in accordance with Requests for Council Action. (Items 22.A. through 22.1.) 22.A. SPEC. NO. 03-014 - AUTOMOTIVE BATTERIES - Renew the contracts for a one-year period in the annual aggregate amount not to exceed $25,000 with the following vendors: Vendor: Battery Systems, LLC Powertron Battery Co. Location: Santa Ana Santa Ana 22.B. SPEC. NO. 04-030 - PLUMBING SERVICES - Renew the contracts for a one- year period in the annual aggregate amount not to exceed $100,000 with the following vendors: Coast Plumbing, Heating, and Air, Inc. Orange Coast Plumbing, Inc. 22.C. SPEC. NO. 06-002 - POLICE DEPARTMENT - LESS LETHAL WEAPONRY, SUPPLIES, AND ACCESSORIES - Amend the contract with Aardvark Tactical, Inc. to increase the aggregate limit by $5,000 for an annual amount not to exceed $15,000 - Finance & Management Services Agency 22.0. SPEC. NO. 06-004 - IN-CAR VIDEO SYSTEM EQUIPMENT - POLICE DEPARTMENT - Award a contract to Kustom Signals, Inc. for an annual amount not to exceed $85,000 - Finance & Management Services Agency CITY COUNCIL AGENDA 7 APRIL 17, 2006 CONSENT CALENDAR 22.E. SPEC. NO. 06-015 - WINDSOR PARK MONUMENT SIGN - PARKS, RECREATION & COMMUNITY SERVICES AGENCY - Award a contract to Bravo Sign & Design, Inc. in the amount of $11,855 - Finance & Management Services Agency 22.F. SPEC. NO.06-038 - GAS RANGES - FIRE DEPARTMENT - Award a contract to Standards of Excellence, LLC, in an amount not to exceed $41,472 - Finance & Management Services Agency 22.G. SPEC. NO. 06-052 - LAUNDRY EQUIPMENT MAINTENANCE - Amend the contract with Western State Design, Inc., to increase the aggregate limit by $10,000 for a total not to exceed $20,000 - Finance & Management Services Agency 22.H. SPEC. NO. 06-055 - PORTABLE TOILET RENTALS - Amend the contract with United Site Services to increase the aggregate limit by $18,000 in an annual amount not to exceed $28,000 : Finance & Management Services Agency 22.1. SPEC. NO. 06-057 - FOUNTAIN MAINTENANCE - Amend the contract with Service 1st to increase the aggregate limit by $10,500 in an annual amount not to exceed $20,500 - Finance & Management Services Agency PROJECTS - MAINTENANCE, REHABILITATION, IMPROVEMENT, CONSTRUCTION OR CHANGE ORDERS FOR PUBLIC FACILITIES 23.A. CONTRACT AWARD FOR RAITT STREET/MCFADDEN AVENUE SANITARY SEWER IMPROVEMENTS (PROJECT 06-3512) Recommended Action: 1. Award a contract to Ken Thompson, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $337,101.75 for construction of Raitt Street/McFadden Avenue Sanitary Sewer Improvements. 2. Approve a Funding Analysis with a total estimated construction cost of $421,400. 23.B. CONTRACT AWARD FOR ELEVATED TANK SAFETY IMPROVEMENTS AND PAINTING (PROJECT 3180) Recommended Action: CITY COUNCIL AGENDA 8 APRIL 17, 2006 CONSENT CALENDAR 1. Award a contract to Utility Service Company, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $1,098,850 for construction of Elevated Tank Safety Improvements and Painting. 2. Approve a Funding Analysis with a total estimated construction cost of $1,373,600. 23.C. CONTRACT AWARD FOR MCFADDEN AVENUE REHABILITATION BETWEEN RAITT AND BRISTOL STREETS (PROJECT 05-1703) Recommended Action: 1. Award a contract to Excel Paving Company, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $1,144,894.55 for construction of McFadden Avenue Rehabilitation between Raitt and Bristol Streets. 2. Approve a Funding Analysis with a total estimated construction cost of $1,431,100. AGREEMENTS Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements. (Items 25.A. through 25.H.) 25.A. AGMT - LICENSE AGREEMENT - K. LEE GIFTS - Execute a first amendment to the license agreement with K. Lee Gifts - Community Development Agency 25.B. AGMT - GEOGRAPHIC INFORMATION SYSTEMS (GIS) - With Environmental Systems Research Institute, Inc., in an amount not to exceed $20,000 - Fire Department 25.C. AGMT - ENVIRONMENTAL TRAINING SERVICES - With Jones and Stokes in an amount not to exceed $25,000 - Planning & Building Agency 25.D. AGMT - BUILDING INSPECTION SERVICES - Execute an amendment with VCA Code Group Inc. in an amount not to exceed $150,000 - Planning & Building Agency 25.E. AGMT - GOVERNMENT LIAISON SERVICES - Execute an agreement with U.S. Advocacy in an amount not to exceed $60,000 - City Manager's Office CITY COUNCIL AGENDA 9 APRIL 17, 2006 CONSENT CALENDAR 25.F. AGMT - INTERNET ACCESS SERVICE - Execute an amendment renewing the agreement with Cogent Communications, Inc. (formerly COGENT PSI, Inc.) for a two year term in an amount not to exceed $85,000 annually, with options for two additional two-year terms exercisable by the Executive Director of Finance & Management Services - Finance & Management Services Agency 25.G. AGMT - ANTI-VIRUS SOFTWARE - Execute an amendment to the agreement with ASAP Software in an amount of $25,000 for a total contract amount of $70,000 - Finance & Management Services Agency 25.H. AGMT - JOINT COMMUNITY FACILITIES AGREEMENT - Execute an agreement between the Cities of Santa Ana and Tustin authorizing the use of bond proceeds to fund intersection improvements - Public Works Agency LAND USE MATTERS CONDITIONAL USE PERMIT I VARIANCES 31.A. VARIANCE NO. 2005-06 - 101 SOUTH GUNTHER Filed by Diep Ngoc Tran requesting to allow a reduction in lot size at 101 South Gunther Recommended action approved by the Planning Commission at its March 27, 2006 meeting by a vote of 6-0 (Rodriguez absent) Applicant: Diep Ngoc Tran Recommended Action: Receive and file the staff report approving Variance No. 2005-06 as conditioned. *** END OF CONSENT CALENDAR *** CITY COUNCIL AGENDA 10 APRIL 17, 2006 BUSINESS CALENDAR RESOLUTIONS 55.A. RESOLUTION TO SUBMIT APPLICATION TO THE LAND AND WATER CONSERVATION FUND PROGRAM FOR CONSTRUCTION OF GRASSLANDS EXHIBIT Recommended Action: Adopt a resolution. RESOLUTION - A resolution of the City Council of the City of Santa Ana approving the application for land and water conservation funds for construction of the grasslands exhibit area at the Santa Ana Zoo at Prentice Park 55.B. RESOLUTION SUPPORTING AB939 SURCHARGE AT COUNTY LANDFILLS Adopt a resolution. RESOLUTION - A Resolution of the City Council of the City of Santa Ana supporting the recommendation of the Orange County Waste Management Commission for an imposition of a self hauler surcharge of $19 per ton at County landfills to reduce the amount of self hauled waste REPORTS 65.A. 4TH DISTRICT COURT OF APPEAL STATUS REPORT - CITY MANAGER The City Manager will provide an update on developments related to the Fourth District Court of Appeal. The Council may be requested to take actions on the matter. PUBLIC HEARINGS 75.A. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FISCAL YEAR 2006-2007 Public hearing closed on March 6, 2006 regarding the proposed Community Development Block Grant (CDBG) Program and Budget for Fiscal Year 2006- 2007 CITY COUNCIL AGENDA 11 APRIL 17, 2006 PUBLIC HEARINGS Legal Notice published in the Orange County Register, La Opinion, and Nguoi Viet on February 17, 2006 and Tri-County Bulletin on February 16, 2006 Continued from the March 6, 2006 City Council Meeting by a vote of 5-0 vote (Pulido and Bist absent) Continued from the April 3, 2006 City Council Meeting by a vote of 7-0 Recommended Action: 1. Approve the proposed fiscal year 2006-2007 Community Development Block Grant Program. 2. Authorize the City Manager to submit the approved program to the United States Department of Housing and Urban Development for the City's fiscal year 2006-2007 allocation of Community Development Block Grant funds, and execute the grant agreement with the United States Department of Housing and Urban Development. 3. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute agreements with nonprofit agencies and/or subrecipients awarded funds as part of the approved program. 75.B. ZONING ORDINANCE ADMENDMENT NO. 2004-07 TO AMEND CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO SINGLE FAMILY DEVELOPMENT, VENDING MACHINES, SECOND DWELLING UNITS, DEFINITIONS, LAUNDROMATS AND TOWNHOUSE STANDARDS Filed by the City of Santa Ana to amend various sections to Chapter 41 of the Santa Ana Municipal Code pertaining to single family development, vending machines, second dwelling units, definitions, laundromats and townhouse standards. Legal Notice published in the Orange County Recorder on April 7, 2006 and mailed Recommended Action: 1. Approve and adopt the Negative Declaration for Environmental Review No. 2004-231. 2. Place ordinance on first reading and authorize publication. CITY COUNCIL AGENDA 12 APRIL 17, 2006 PUBLIC HEARINGS ORDINANCE - An ordinance of the City Council of the City of Santa Ana amending Chapter 41 of the Santa Ana Municipal Code regarding single family development, vending machines, second dwelling units, definitions, laundromats and townhouse standards (lOA 2004-07) 75.C. lONING ORDINANCE AMENDMENT NO. 2006-01 Filed by the City of Santa Ana to amend sections of the Specific Development Plan No. 40 (Heninger Park) zoning district of the Santa Ana Municipal Code to establish new procedures for architectural review and adoption of the Heninger Park Architectural Design Guidelines. Legal Notice published in the Orange County Reporter on April 7, 2006 and mailed Recommended Action: 1. Place ordinance on first reading and authorize publication. ORDINANCE - An ordinance of the City Council of the City of Santa Ana amending Specific Development No. 40 (SD-40) (lOA NO. 2006-01) 2. Adopt a resolution. RESOLUTION - A resolution of the City Council of the City of Santa Ana adopting the Heninger Park architectural design guidelines 75.D. ADOPTION OF THE CITYWIDE DESIGN GUIDELINES Recommended Action: Filed by the City of Santa Ana to consider the adoption of the Citywide Design Guidelines Legal Notice published in the Orange County Reporter on April 7, 2006. Adopt a resolution. RESOLUTION - A resolution of the City Council of the City of Santa Ana adopting the Citywide Design Guidelines COMMUNITY REDEVELOPMENT AGENCY MEETING (GREEN AGENDA) CITY COUNCIL AGENDA 13 APRIL 17, 2006 II WORK STUDY SESSION II W.S.A. Review of proposed City Charter amendments - administrative changes (Sections 400, 402, 413, 421, 422 and 1200) - Clerk of the Council Continued from the April 3, 2006 City Council Meeting by a vote of 7-0 II COMMENTS II 90.A. PUBLIC COMMENTS AT THIS TIME the members of the public may address the City Council regarding any non-agenda items within the subject matter jurisdiction of the City Council. NO action may be taken on non-agenda items unless authorized bylaw. WHEN SPEAKING, please state your name and address for the record. Limit your remarks to three (3) minutes. The number of speakers and allotted time may be limited at the discretion of the Council. 90.B. CITY COUNCIL COMMENTS AT THIS TIME Councilmembers may comment on non-agenda matters and ask questions of or give directions to staff. NO action may be taken on non- agenda items unless authorized by law. ADJOURNMENT - To May 1, 2006 at 5:30 p.m., City Hall, Room 831, 20 Civic Center Plaza, Santa Ana, California CITY COUNCIL AGENDA 14 APRIL 17, 2006 REQUEST FOR COUNCIL ACTION . ~ CITY COUNCil MEETING DATE: CLERK OF COUNCil USE ONLY: APRIL 17, 2006 TITLE: APPROVED o As Recommended o As Amended o Ordinance on 111 Reading o Ordinance on tlCl Reading o Implementing Resolution o Set Public Hearing For APPROPRIATION ADJUSTMENT AND AMENDMENT TO VARIOUS AGREEMENTS AND LAND EXCHANGES RELATING TO BOWERS MUSEUM EXPANSION AND STEADFAST COORT221 . ()a~ CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Approve an appropriation adjustment to recognize $750,000 from Steadfast Courtyards, L.P. to pay a portion of the cost of the Bowers Museum's new north parking lot. 2. Approve an amendment to the Land Exchange Agreement between the City of Santa Ana and Steadfast Courtyards, L.P. 3. Approve First Amendment to the Ground Lease and Second Amendment of the Amended 'and Restated Operating Agreement between the City of Santa Ana and the Charles W. Bowers Museum Corporation. DISCUSSION In September 2005, the City Council and Redevelopment Agency approved and authorized several actions to facilitate the 30,000 square feet expansion of the Bowers Museum. As part of the expansion, the City effectuated a land exchange with Steadfast, the residential developer who owns the property immediately north of the Museum. Under the exchange, Steadfast will develop a luxury condominium project on the Museum's existing 20th Street parking lot, and the museum will be expanded upon the former Steadfast parcel. Amendments to the Land Exchange Agreement, the Amended and Restated Operating Agreement, and Ground Lease are needed in order to fulfill the land exchange and development of the Bowers Museum expansion and Steadfast's Cordoba proj ect. Changes to the agreements call for the following actions to occur: 20A-1 Agreement with American Hot Foods Systems January 3, 2006 Page 2 . Steadfast to demolish and clear all building improvements structures on its existing property north of the Museum, provide the City with a clean, rough graded site. City will access rights to inspect the site prior to close of escrow. and and have . Steadfast to pay .the sum of $750,000.00 toward the costs incurred by City in constructing the Museum's north parking lot. . City responsible for additional costs of constructing north parking lot. . Simultaneous escrow closing and delivery of possession of City and Steadfast properties. . Immediately following escrow closing , City will lease back its former 20th Street parking lot from Steadfast for a 90 day period for the sum of one dollar, and will allow Bowers Museum to continue to use the lot for parking during construction of the new lot. Commencement of construction of the museum's new improvements has begun and is scheduled for completion in October 2006. Development of Steadfast's condominium proj ect is anticipated to begin in September 2006. FISCAL IMPACT Upon approval of the appropriation adjustment, funds will be available in the Bowers Museum Improvement Other than Buildings account (account no. 11-221-6631, Project 06-7214). APPROVED AS TO FUNDS AND ACCOUNTS (kz t till; Patricia C. Whitaker Executive Director Community Development Agency '\-\\.~""<\.. ~ ~ ~.r A.) ~ ~ L Francisco Gutierrez 4 Executive Director Finance & Management ~ Services Agency PCW/JLQ/mlr H:\ACTIONS\2006 4-17-06 CC Bowers-Steadfast agmts.doc 20A-2 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SANTA ANA, CALIFORNIA APRIL 3, 2006 CALLED TO ORDER City Hall, 8th Floor, Room 831 20 Civic Center Plaza 5:40 P.M. ATTENDANCE COUNCILMEMBERS Present: MAYOR MIGUEL PULIDO MAYOR PRO TEM LISA BIST CLAUDIA ALVAREZ CARLOS BUSTAMANTE MIKE GARCIA Absent: JOSE SOLORIO STAFF Present: DAVID N. REAM, City Manager JOSEPH W. FLETCHER, City Attorney PATRICIA E. HEALY, Clerk of the Council CLOSED SESSION CALENDAR The Brown Act permits the City Council to discuss certain matters without members of the public present, provided the items to be discussed are posted 72 hours prior to the City Council meeting. The following items were received for the April 3, 2006 Closed Session. 95.A. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) Pedro Vasquez, et al. v. City of Santa Ana Orange County Superior Court Case No. 05CC13450 Maria Gomez, et al. v. City of Santa Ana United States District Court Case No. SACV06-245 DOC (RNBx) 95.B. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director Henry Alva and Assistant Director of Personnel Services Kathie Gonzalez Employee Organization: Santa Ana Service Employees International Union (SEIU) - Part-Time CITY COUNCIL MINUTES 1 APRIL 3, 2006 Firemen's Benevolent Association - New Work Schedule Santa Ana Service Employees International Union (SEIU), Santa Ana Police Officers' Association, Santa Ana Management Association and Police Management Association - Enhanced Retirement Formula CLOSED SESSION REPORT - None ADJOURNMENT - 5:59 P.M. Patricia E. Healy Clerk of the Council CITY COUNCIL MINUTES 2 APRIL 3, 2006 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SANTA ANA, CALIFORNIA APRIL 3, 2006 CALLED TO ORDER COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 6:07 PM. ATTENDANCE: Councilmembers present: MIGUEL PULIDO, Mayor LISA BIST, Mayor Pro Tem CLAUDIA ALVAREZ CARLOS BUSTAMANTE ALBERTA CHRISTY MIKE GARCIA JOSE SOLORIO (6:52 p.m) STAFF Present: DAVID N. REAM, City Manager, JOSEPH W. FLETCHER, City Attorney PATRICIA E. HEALY, Clerk of the Council INVOCATION EMPLOYEE SERVICE AWARDS Roger Aragon, Police Chaplain MAYOR PULIDO 20 YEARS OF SERVICE Maria Blanquet-Lopez Sr. Accounting Assistant, Finance & Management Services Community Preservation Inspector, Planning & Building Accountant II, Finance & Management Services Victor M. Madrigal Marilyn N. Palacol PRESENTATIONS Proclamation presented by MAYOR PULIDO proclaiming April as Donate Life Month Certificates of Recognition presented by MAYOR PULIDO to library story contest winners Elizabeth Arriaga and Nelson Flores Certificates of Recognition presented by COUNCILMEMER CHRISTY to Luis Ramos and Ronny Rios for their victory in boxing tournaments Oath of Office administered by the Clerk of the Council to Robert MacLeod, Personnel Board and Liliana Palacios, Youth Commission CITY COUNCIL MINUTES 1 APRIL 3, 2006 CONSENT CALENDAR Mayor Pulido announced the following modifications to the Consent Calendar: . Item 11.A. pulled for separate discussion (Speaker Card) . Items 17.A. and 17.B. were removed from the Agenda . Mayor Pulido abstained on item 17.C. . Councilmember Alvarez pulled item 25.E. for separate discussion Motion: Approve staff recommendations on the following Consent Calendar Items. MOTION: Bist SECOND: Garcia VOTE: AYES: Alvarez, Bustamante, Pulido, Bist, Christy, Garcia (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Solorio (1) Items removed for separate action or modi.fied are hi..ghlighted. Separate actions show the actual vote. Items without votes are adopted as part ofthe consent motion. ADMINISTRATIVE MATTERS MINUTES Motion: Approve minutes. (Item 10.A. -10.B.) 10.A. ADJOURNED REGULAR MEETING OF MARCH 20, 2006 10.B. REGULAR MEETING OF MARCH 20, 2006 ORDINANCES 11.A. ORDINANCE RELATED TO THE DEPICTION ON THE CITY SEAL Julie Stroud asked the Council to continue this item so that the members of ComLink could review the matter at its next meeting. The City Attorney explained the difference between the City Seal and the City's new logo which was approved by resolution at the last Council meeting. Mayor Pro Tem Bist agreed to explain the new logo and mottos at the next meeting of ComLink. CITY COUNCIL MINUTES 2 APRIL 3, 2006 CONSENT CALENDAR Motion: Place ordinance on second reading and adopt. ORDINANCE NS-2708 - Amending Section 2-200 of the Santa Ana Municipal Code Related to the Depiction on The City Seal MOTION: Alvarez SECOND: Bist VOTE: AYES: Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Solorio (1) BOARDS/COMMISSIONS/COMMITTEES 13.A. VACANCY REPORT - MARCH 29, 2006 Motion: The Vacancy Report reflects only appointments made by the Council. BOARD/COMMISSION VACANCIES WARD Community Redevelopment I 2 Sr. Tenant & Housing Commission Tenant Environmental & Transportation 2 Santa Ana Committee Chamber & 5 Human Relations Commission 1 5 Youth Commission - Alternate ~ 2, &6 TOTAL 7 BOARD/COMMISSION EXPIRED WARD TERMS Community Redevelopment I 1 Mayor Housing Commission Personnel Board 1 Mayor Youth Commission - Alternate 1 3 TOTAL 3 13.B. APPOINTMENTS Motion: Appoint Samuel Granados to the Community Redevelopment & Housing Commission, as the Tenant representative for a full term. CITY COUNCIL MINUTES 3 APRIL 3, 2006 CONSENT CALENDAR 13.C. APPOINTMENTS Motion: Appoint Osmel D. Motas Sr. to the Community Redevelopment & Housing Commission, as the Sr. Tenant representative for a full term. CLERK OF THE COUNCIL POSTING REPORT The following notices were posted pursuant to the Brown Act and the Maddy Act. Council Agendas and Board and Commission resignations are posted on the door of the Council Chambers at 22 Civic Center Plaza and Committee Agendas on the door of City Hall at 20 Civic Center Plaza. Motion: Instruct Clerk to enter postings into the Minutes. (Items 15.A. through 15.C.) Council Meetina Aaendas Meeti na Date Posted Time 15.A. City Council Agenda 03/20/06 03/15/06 1:45 p.m. 15.B. Revised City Council 03/20/06 03/17/06 5:00 p.m. 15.C. City Council-Adjourned Regular Meeting Agenda 03/20/06 03/17/06 5:00 p.m. MAYORAL PROCLAMATIONS / CERTIFICATES Motion: Declare and instruct clerk to enter proclamations/certificates into the Minutes. (Items 16.A. through 16.G.) 16.A. 16.B. 16.C. 16.0. 16.E. 16.F. 16.G. Honoree Cole Margery-Recognition for 50 years of philanthropic work Coffield Monsignor John V. - 6th Annual Latino Hero Awardee Jafra Cosmetics International-Grand Opening and Ribbon-Cutting Ceremony National Latina Business Women Association- Grand Opening and Ribbon-Cutting Ceremony Sikh Center of Orange County- "7th Annual Punjabi Heritage: A Musical and Cultural Evening" Doby Carrie-96th Birthday Celebration NLPOA Scholarship recipients: Francisco Bravo and Sandra Valencia Date 3/16/06 3/18/06 3/18/06 3/23/06 3/25/06 3/26/06 3/26/06 CITY COUNCIL MINUTES 4 APRIL 3, 2006 CONSENT CALENDAR MISCELLANEOUS ADMINISTRATION FINAL MAP NOTIFICATIONS Pursuant to Section 34-183 of the Santa Ana Municipal Code, the City Engineer has received this Final Map and is in the process of reviewing the map for final approval. The City Engineer shall approve or disapprove this map within 10 days of the City Council Meeting. 17.A. FINAL TRACT MAP NO. 16622 - 9 EAST HUTTON CENTRE DRIVE Item was removed from agenda. 17.B. FINAL TRACT MAP NO. 16905 - 2800 N. FARMERS DRIVE Item was removed from agenda. 17.C. FINAL TRACT MAP NO. 16905 - 2800 N. FARMERS DRIVE Mayor Pulido abstained on this item due to recent receipt of a campaign contribution Motion: Receive and file. 19.A. CLOSED SESSION REPORT - None 19.B. EXCUSED ABSENCES - None BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20.A. APPROPRIATION ADJUSTMENT ACCEPTING THE OFFICE OF TRAFFIC SAFETY GRANT Motion: 1. Adopt a resolution. RESOLUTION NO. 2006-016 - A Resolution of the City Council of the City of Santa Ana authorizing the City Manager and the Chief of Police to execute a grant award agreement with the California Office of Traffic Safety 2. Approve appropriation adjustment. (Requires five affirmative votes.) CITY COUNCIL MINUTES 5 APRIL 3, 2006 CONSENT CALENDAR APPROPRIATION ADJUSTMENT NO. 06-110 - Accepting the California Office of Traffic Safety, California Seat Belt Compliance Campaign FY 06 Grant in the amount of $89,618 into the revenue account and appropriate same into the California Seat Belt Compliance Campaign FY 06 overtime expenditure account. 20.B. APPROPRIATION ADJUSTMENT RECOGNIZING RECREATION SPECIAL FEES AND DONATIONS Motion: Approve an appropriation adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. 06-111 - Recognizing $95,099 in Recreation Special Fees and Donations revenue accounts and appropriate same to the Recreation Special Fees and Donations expenditure accounts. 20.C. APPROPRIATION ADJUSTMENT - FIRE FACILITY FUND (FUND 120) Motion: Approve an appropriation adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. 06-112 Approve an Appropriation Adjustment in the amount of $596,665 in the Fire Facility Fund, Improvement Fee revenue account and appropriating the same into the Fire Facility Fund expenditure account 20.D. ALLOCATION OF FY 2006-2007 AND REALLOCATION OF FY 2003- 2004, FY 2004-2005 AND FY 2005-2006 EMERGENCY SHELTER GRANT FUNDS Recommended action approved by the Community Redevelopment and Housing Commission on March 21,2006 by a vote of 7-0 Motion: 1. Allocate $304,247 in FY 2006-2007 Emergency Shelter Grant funds as recommended. 1. Reallocate $411 in FY 2003-2004, $15,945 in FY 2004-2005 and $5,000 in FY 2005-2006 Emergency Shelter Grant funds as recommended. 2. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute agreements with non- profit agencies awarded funds. CITY COUNCIL MINUTES 6 APRIL 3, 2006 CONSENT CALENDAR AGMT NOS. 2006-058, 059, 060, 061, 062, 063, 064, 065, 066, 067, 068 - Execute agreements with the following non-profit agencies awarded funds: Council of Orange County - Saint Vincent de Paul Friendship Shelter Human Options Laura's House Legal Aid Society Mercy House - Center Mercy House - Joseph/Regina House Orange County Association for Mental Health Southwest Minority Economic Development Association WisePlace Women's Transitional Living Center 20.E. CALHOME REHABILITATION AND REPLACEMENT PROGRAM Motion: 1. Approve an Appropriation Adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 06-116 - Recognizing $500,000 in CalHome Program funds and appropriating same 2. Adopt the CalHome Rehabilitation and Replacement Program. SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Requests for Council Action. (Items 22.A. through 22.0.) 22.A. SPEC NO. 03-026 - MISCELLANEOUS AUTOMOTIVE PARTS - Renew the contracts for a one-year period in the following annual amounts not to exceed: Vendor: Orange County Auto Parts Factory Motor Parts Adamson Industries Power Chevrolet Irvine The Truck Lighthouse Truck & Auto Supply Inc. d/b/a TrucParCo Location: Santa Ana Anaheim Costa Mesa Irvine Santa Fe Springs Anaheim Amount: $30,000 $15,000 $30,000 $10,000 $20,000 $10,000 CITY COUNCIL MINUTES 7 APRIL 3, 2006 CONSENT CALENDAR 22.B. SPEC. NO. 03-105 - PRINTER MAINTENANCE - Renew the contract with Varitek, Inc. for a one-year period in the annual amount not to exceed $20,000 - Finance and Management Services Agency 22.C. SPEC. NO. 04-023 - LAMPS, BALLASTS, AND ACCESSORIES - Renew the contracts for a one-year period in the following annual amounts not to exceed: Vendor: West-Lite Supply Co. Rayvern Lighting Supply AAA Electrical Supply, Inc One Source Distributors I. E.S.l1.L.S. Location: Cerritos Paramount Montebello Irvine Santa Ana Amount: $18,878 $15,090 $10,153 $ 5,153 $ 5,126 22.0. SPEC. NO. 04-039 - PLASTIC TRASH CAN LINERS - Renew the contract with S&G Diversified Products, formerly Spectrum Packing for a 12-month period in an annual amount not to exceed $38,000 - Finance and Management Services Agency 22.E. SPEC. NO. 04-043 - TRAFFIC FLARES, DRUG TEST KITS, AND MISCELLANEOUS POLICE SUPPLIES - POLICE DEPARTMENT - Renew the contract with Adamson Police Products under the Cooperative Purchase Provision of the County of Orange, for a one-year period in an amount to not exceed $15,541; and increase the aggregate limit for drug test kits and miscellaneous police supplies for a one-year period in the amount not to exceed $25,000 - Finance and Management Services Agency 22.F. SPEC NO. 05-033 - RECREATION PROGRAM BROCHURE - Renew the contract with Rodgers & McDonald Publishers, Inc. for a one-year period in the annual amount not to exceed $23,000 - Finance and Management Services Agency 22.G. SPEC. NO. 06-003 - FIREARMS - POLICE DEPARTMENT - Award a contract to LC Action Police Supply in the amount of $11,261.03 - Finance and Management Services Agency 22.H. SPEC. NO. 06-018 NETMOTION WIRELESS SOFTWARE MAINTENANCE SUPPORT - Award a contact to CDCE, Incorporated for a 3-year period in an amount not to exceed $31,500 - Finance and Management Services Agency 22.1. SPEC. NO. 06-022 - TRUCK MOUNTED ARTICULATING CRANE - Award a contract to the Morgan Company in the amount of $43,141.20 and increase the aggregate limit in an amount not to exceed $20,000 annually - Finance and Management Services Agency CITY COUNCIL MINUTES 8 APRIL 3, 2006 CONSENT CALENDAR 22.J. SPEC. NO. 06-023 - FLAT BED TRUCK - Award a contract to West Covina Motors, Inc. in the amount of $43,958.77 - Finance and Management Services Agency 22.K. SPEC. NOS. 06-031, 06-026, 06-030 AND AGREEMENT AMENDMENT - COUNCIL CHAMBERS AND CONTROL ROOM UPGRADES - PARKS, RECREATION & COMMUNITY SERVICES AGENCY Motion: 1. Award contracts to VMI, Inc. and TV Magic, Inc. for video production equipment in a total aggregate amount not to exceed $190,000 2. Award a contract to Troxell Communications for language translation equipment in the amount not to exceed $15,000 3. Award a contract to California Stage & Lighting, Inc. for Council Chambers lighting improvements in the amount not to exceed $20,000 4. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement. AGMT NO. 2006-069 - With Adelphia Cablevision of Santa Ana to install fiber optic run to City Hall, in an amount not to exceed $21,180 - Parks, Recreation & Community Services Agency 22.L. SPEC. NO. 06-033 - FIRE HOSE - FIRE DEPARTMENT - Award a contract to L. N. Curtis & Sons for a one-year period in the annual amount not to exceed $30,000 - Finance and Management Services Agency 22.M. SPEC. NO. 06-049 - MISCELLANEOUS SUPPLIES - Award a contract to Grainger based upon the Western State's Contracting Alliance (WSCA) contract for a two-year period with provision for three one-year renewals, in the annual amount not to exceed $30,000 - Finance and Management Services Agency 22.N. SPEC. NO. 06-050 - FIRING RANGE UPGRADE AND MAINTENANCE - POLICE DEPARTMENT - Award a contract to Meggitt Defense Systems (MDS) Caswell in the amount of $44,500 - Finance and Management Services Agency 22.0. SPEC. NO. 97-015 - BLOOD AND BREATH TECHNICIAN SERVICES- POLICE DEPARTMENT - Renew the contract with California Forensic Phlebotomy, Inc. for a one-year period in an annual amount not to exceed $75,000 - Finance and Management Services Agency CITY COUNCIL MINUTES 9 APRIL 3, 2006 CONSENT CALENDAR PROJECTS 23.A. CONTRACT AWARD FOR LIGHTING IMPROVEMENTS ON BRISTOL STREET I LA VETA AVENUE BRIDGE OVER THE 1-5 FREEWAY (PROJECT NO. 2609) Motion: 1. Award a contract to Moore Electrical Contracting, Inc., the lowest responsible bidder, in accordance with a lump sum price in the amount of $223,121 for construction of lighting improvements. 2. Approve a Funding Analysis with a total estimated construction cost of $279,000. 3. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement. AGMT NO. 2006-070 - Execute a cooperative agreement with the City of Orange for Construction and Maintenance of lighting improvements. 23.B. CONTRACT AWARD FOR CIVIC CENTER DRIVE SANITARY SEWER IMPROVEMENTS (PROJECT NO. 06-3511) Motion: 1. Award a contract to Dominguez Engineering General Contractor, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $775,625. 2. Approve a Funding Analysis with a total estimated construction cost of $969,900. AGREEMENTS Motion: Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements. (Items 25.A. through 25.J.) 25.A. AGMT NO. 2006-071 - REFUSE COLLECTION AND RECYCLING SOLID WASTE - Execute an amended agreement with Waste Management, Inc. - Public Works Agency Continued from the March 20, 2006 City Council Meeting by a vote of 5-1 vote (Alvarez, No; Bustamante absent) 25.8. AGMT NOS. 2006-072 & 2006-073 - 2005 & 2006 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANTS CITY COUNCIL MINUTES 10 APRIL 3, 2006 CONSENT CALENDAR Motion: 1. Authorize the City Manager, Chief of Police, and the Clerk of the Council to execute an agreement with the County of Orange, Sheriff's Department to transfer funds for the 2005 Edward Byrne Memorial Justice Assistance Grant Program. 2. Authorize the City Manager, Chief of Police and the Clerk of the Council to execute a memorandum of understanding with the County of Orange, Sheriff's Department to submit a joint application for the 2006 Edward Byrne Memorial Justice Assistance Grant. 25.C. AGMT NO. 2006-074 - JANITORIAL SERVICES - Renew the agreement with Able Building Maintenance Company, in an amount not to exceed $400,000 - Police Department 25.D. AGMT NO. 2006-075 - CONSULTING SERVICES - Execute an amendment to the agreement with Large Screen Displays in an additional amount of $8,500, for a total aggregate amount not to exceed $15,000 - Police Department 25.E. CONSTRUCTION AND DEMOLITION DEBRIS -Execute amendments to the following agreements, extending them through June 2018: Councilmember Alvarez asked that the questions be divided so that she could vote separately on each contract 1. AGMT NO. 2006-076 - Execute an amendment to the current agreement with Waste Management for the collection and recycling of construction and demolition debris - Public Works Agency MOTION: Alvarez SECOND: Garcia VOTE: AYES: Alvarez, Bustamante, Pulido, Bist, Christy, Garcia (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Solorio (1) 2. AGMT NO. 2006-077 - Execute an amendment to the current agreement with Ware Disposal for the collection and recycling of construction and demolition debris - Public Works Agency CITY COUNCIL MINUTES 11 APRIL 3, 2006 CONSENT CALENDAR MOTION: Garcia SECOND: Christy VOTE: AYES: Bustamante, Pulido, Bist, Christy, Garcia (5) NOES: Alvarez (1) ABSTAIN: None (0) ABSENT: Solorio (1) 3.. AGMT NO. 2006-078 - Execute an amendment to the agreement with Madison Materials for sorting, processing, and recycling of construction debris - Public Works Agency MOTION: Bustamante SECOND: Garcia VOTE: AYES: Bustamante, Pulido, Sist, Christy, Garcia (5) NOES: Alvarez (1) ABSTAIN: None (0) ABSENT: Solorio (1) 25.F. AGMT NO. 2006-079 - VETERINARY SERVICES - Execute an agreement amendment with Dr. Lorrie Boldrick, DBA Quillie Acres, for a period of one year, in an additional amount not to exceed $33,000 for a total aggregate amount not to exceed $68,000 - Parks, Recreation and Community Services Agency 25.G. AGMT NO. 2006-080 MOTHER'S DAY CELEBRATION ENTERTAINMENT - Execute an agreement with Ivan Entertainment in an amount not to exceed $16,000 - Parks, Recreation and Community Services Agency 25.H. AGMT NO. 2006-081 - CONSULTING SERVICES - Amend agreement A- 2005-295 with Management Partners Inc., in an additional amount not to exceed $45,000 for a total aggregate amount not to exceed $74,500 - Fire Department 25.1. AGMT NO. 2006-082 - CONSULTING SERVICES - Execute an agreement with General Learning Climates, Inc. in an amount not to exceed $15,000 - Public Works Agency 25.J. AGMT NO. 2006-083 - LEASE OF MODULAR CLASSROOMS - Execute a lease agreement with William Scotsman, Inc., in an amount not to exceed $632,860 - Fire Department *** END OF CONSENT CALENDAR *** CITY COUNCIL MINUTES 12 APRIL 3, 2006 BUSINESS CALENDAR 55.A. ABSENCE WITH PAY FOR APPROVED CITY EMPLOYEES WHO VOLUNTEER TO STAFF POLLING LOCATIONS ELECTION DAY Motion: Adopt a Resolution. RESOLUTION NO. 2006-017 - A resolution of the City Council of the City of Santa Ana authorizing absence with pay for approved City employees who volunteer to staff polling locations for the County on Election Day MOTION: Bist SECOND: Christy VOTE: AYES: Alvarez, Bustamante, Pulido, Bist, Christy, Garcia (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Solorio (1) REPORTS 65.A. 4TH DISTRICT COURT OF APPEAL STATUS REPORT - CITY MANAGER The City Manager provided an update on developments related to the Fourth District Court of Appeal. 65.B. MEASURE M UPDATE (MAYOR PRO TEM BIST AND ORANGE COUNTY TRANSPORTATION AUTHORITY) The presentation was made by Mayor Pro Tem Bist, Art Leahy, Chief Executive Officer of OCTA, and, Monty Ward, Director of Strategic Affairs of OCT A Councilmember Solorio arrived at the meeting at 6:52 p.m. :Mayor Pro Tem Bist explained that she sits on a super committee formed by the Orange County chapter of the League of California Cities and comprised of one elected member from each Orange County city as well as City Manager and Public Works Director from each city. She further explained that this committee is working on a plan for extending Measure M which is scheduled to expire in 2011. This matter will be back before the Council in Mayor June to take a vote on whether the city will support Measure M on the November, 2006 ballot. CITY COUNCIL MINUTES 13 APRIL 3, 2006 BUSINESS CALENDAR Art Leahy explained that on April 13, 2006 the Orange Council League of Cities will review the Measure M plan and on April 24 the aCTA will review the plan. The majority of the cities with the majority of population must approve placing the measure on the ballot. The aCTA Board must approve, by a two-thirds vote, placing the measure on the ballot. Mr. Leahy further noted that without renewal of Measure M the aCTA will not be able to go forward with many transportation plans for the County. Lisann Martinez recited sections in the State's vehicle code related to bicycle trails PUBLIC HEARINGS 75.A. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FISCAL YEAR 2006-2007 Public hearing closed on March 6, 2006 regarding the proposed Community Development Block Grant (CDBG) Program and Budget for Fiscal Year 2006-2007 Legal Notice published in the Orange County Register, La Opinion, and Nguoi Viet on February 17, 2006 and Tri-County Bulletin on February 16, 2006 Continued from the March 6, 2006 City Council Meeting by a vote of 5-0 vote (Pulido and Bist absent) Mayor Pro Tem Bist noted that there were recommendations for cutting major programs and for funding new programs not financed before, and she requested a two week continuance so that these significant changes could be further reviewed Motion: Continue item for two weeks. MOTION: Bist SECOND: Alvarez VOTE: AYES: Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 14 APRIL 3, 2006 PUBLIC HEARINGS 75.B. EMERGENCY ORDINANCE EXTENDING THE TEMPORARY PROHIBITION ON CONSTRUCTION OR ESTABLISHMENT OF HOOKAH PARLORS Motion: Adopt an emergency ordinance. (Six Votes Required) ORDINANCE NO. NS-2709 - An emergency ordinance of the City of Santa Ana extending the temporary prohibition on the construction or establishment of any new hookah parlor No written communication. No public speakers; public hearing closed. MOTION: Bist SECOND: Solorio VOTE: AYES: Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 75.C. CONDEMNATION OF WONG/WENG PROPERTIES LOCATED AT 1300 WEST WALNUT STREET AND 202 SOUTH BRISTOL STREET (PROJECT 1819) To consider acquisition of property to accommodate the Bristol Street Project and acquire a temporary construction easement for properties located at 1300 West Walnut Street and 202 South Bristol Street Legal Notice mailed to property owners on March 14, 2006 Amended Legal Notice mailed to property owners on March 23, 2006 Written communication from Ronald M. Cole of the law offices of Palmieri, Tyler, Wiener, Wilhelm and Waldron LLP. In opposition to the proposed resolution of necessity. No public speakers; public hearing closed. Motion: Adopt a Resolution of Necessity (Five Votes Required). RESOLUTION NO. 2006-018 - 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 certain real property located within the City of Santa Ana located at 1300 West Walnut and 202 S. Bristol Street (APN 007-212-28 & 29) CITY COUNCIL MINUTES 15 APRIL 3, 2006 PUBLIC HEARINGS MOTION: Bist SECOND: Garcia VOTE: AYES: Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 75.D. CONDEMNATION OF WONGIWENG PROPERTIES LOCATED AT 218 AND 222 SOUTH BRISTOL STREET (PROJECT 1819) To consider acquisition of property to accommodate the Bristol Street Project and acquire a temporary construction easement for properties located at 218 and 222 South Bristol Street Legal Notice mailed to property owners on March 14, 2006 Amended Legal Notice mailed to property owners on March 23, 2006 Written communication from Ronald M. Cole of the law offices of Palmieri, Tyler, Wiener, Wilhelm and Waldron LLP. In opposition to the proposed resolution of necessity No public speakers; public hearing closed. Motion: Adopt a Resolution of Necessity (Five Votes Required) RESOLUTION NO. 2006-019 - 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 certain real property located within the City of Santa Ana located at 218-222 S. Bristol Street (APN 007-212-26, & 27) MOTION: Bustamante SECOND: Solorio VOTE: AYES: Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 16 APRIL 3, 2006 COUNCIL AGENDA ITEMS Pursuant to Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. 85.A. DISCUSSION OF POTENTIAL ORDINANCE/LOCAL REGULATIONS TO PROTECT CHILDREN FROM SEXUAL PREDATORS (ALVAREZ) Councilmember Alvarez discussed the importance of protecting children in the City from sexual predators. She asked the Police Chief to cite statistics related to the number of children residing in Santa Ana that have been reportedly sexually abused in the last three years and also the number of registered sex offenders residing in the City. Additionally the City Attorney conducted preliminary research on Child Safety Zone ordinances that have been adopted in the State and nation. He also went over pending initiative measures and pending state legislation. Motion: Instruct City Attorney to draft an ordinance to be presented to the City Council in 30 days. MOTION: Alvarez SECOND: Bustamante VOTE: AYES: Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY MEETING FOLLOWED BY THE HOUSING AUTHORITY MEETING AT 7:42 P.M. COUNCIL RECONVENED AT 7:46 P.M. WITH SAME MEMBERS PRESENT. WORK STUDY SESSION W.S.A. REVIEW OF PROPOSED CITY CHARTER AMENDMENTS - ADMINISTRATIVE CHANGES (SECTIONS 400,402,413,421,422 AND 1200) - Clerk of the Council Continued from the March 20, 2006 City Council meeting by a vote of 6-0 (Bustamante, absent) The staff presentation was made by Pat Healy, Clerk of the Council and Joe Fletcher, City Attorney. Highlights of the presentation are as follows: CITY COUNCIL MINUTES 17 APRIL 3, 2006 WORK STUDY SESSION · Ad Hoc Committee on Charter review created by the City Council on May 2, 2005 · Ad Hoc Committee reviewed the current Charter . Recommended creation of a Charter Amendment Citizens Task Force . Task Force created by City Council on September 19 2005 comprised of 14 members · Task Force reviewed recommended changes and approved/amended the Ad Hoc Committee's recommendations · Ad Hoc Committee made final recommendation and recommended that ballot measures be placed on November, 2006 ballot · On March 6, 2006, the City Council asked staff to schedule a series of work study sessions to review recommended changes to Charter · Amendments divided into three categories: Administrative, Boards and Commissions, and Council/Mayor terms · Charter Section 400 relates to start of Council terms · Currently terms begin at first regular meeting following certification of election results · Proposal = term of each member begins at 6:00 p.m. on the second Tuesday of December following certification of election results · Council normally convenes special meeting to swear in new members . County certifies election between 20 to 28 days · New date ensures compliance with legal timeline; eliminates confusion . Charter 402 relates to Councilmembers salaries · Current provision sets compensation in the amount of $125 per month; Mayor receives an additional $75 per month · Proposal - each member would receive a monthly salary established by ordinance in an amount up to that established by state Law for General Law cities . Provision effective following 2008 election · State law sets salaries for general law cities of over 250,000 at $1,000 per month · Charter Section 413 related to ordinances · Currently, if ordinance altered after introduction, it is not finally adopted except at a regular meeting, not less than 6 days after alteration · No order for payment of money made at other than regular meeting · Proposal = ordinance may be amended or modified between time of introduction and final passage as long as general scope and original purpose retained · Order for payment of money can be made in declared state of emergency or emergency meeting · Broadens Council discretion to make changes in ordinance language between introduction and adoption · Charter Section 421 contains provisions relative to non-public works and public works contracts and purchases · Section 422 relates to competitive bidding CITY COUNCIL MINUTES 18 APRIL 3, 2006 WORK STUDY SESSION . Proposal - clearer distinction between public works and non public works contracts . Elimination of the specific dollar amount of $10,000 for approval authority for the City Manager . Authority for City Manager to bind City established by ordinance . City Manager to provide council with quarterly reports on contracts . City Council to establish rules and procedures for competitive bidding for non-public works contracts and rules for public works contracts . Ability to utilize alternate project delivery systems . Deletion of playgrounds from the definition of public works projects . Charter Section 1200 relates to municipal elections . Current Charter requires an ordinance for calling a municipal election . Proposal = allows elections to be called by resolution or ordinance · Shortens time by eliminating the need to wait two weeks for second reading Following the presentation, Council discussion ensued. Councilmembers and the Mayor raised several questions about the proposals and asked for additional information including a comparison of the City's charter to that of other large cities in the state. Members noted that they were not prepared to approve the measures without additional information. Motion: Continue matter for two weeks, and instruct staff to provide additional information. MOTION: Bist SECOND: Solorio VOTE: AYES: Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) W.S.B. UPDATE ON SR-22 LANDSCAPING - Jim Ross, Director of the Public Works Agency Staff presentation by Jim Ross, Executive Director of Public Works, Rick Grebner, Program Manager of OCTA, and David Tatsumi, Tastumi & Associates. Mr Grebner and Mr. Tatsumi updated the Council on the progress of the landscaping project on the SR-22. Alma Ramirez addressed the Council relative to complaints about OCTA buses. CITY COUNCIL MINUTES 19 APRIL 3, 2006 COMMENTS 90.A. PUBLIC COMMENTS Alma Ramirez and James Robert Reade addressed the Council with concerns not generally related to the City; Ms. Ramirez was declared out of order by the Chair after repeated warnings. Lisann Martinez addressed the Council relative to Charter review and stated that she felt the City Manager had too much power Duane Roberts and Naui Huitzilopochtl raised concerns about police activities on May 27,2006 90.B. CITY COUNCIL COMMENTS Councilmember Garcia · Offered condolences to Lorin Griset's family. Mr. Griset, a former Santa Ana Councilman and Mayor passed away. · Announced that on Saturday, April 8, 2006, playground equipment will be installed at Windsor Park; he further noted that the event starts at 8:00 a.m. · Announced that on April 13, 2006, a child obesity forum would be held at California State University, Fullerton from 1 :00 P.M. to 3:30 P.M. Councilmember Solorio · Offered condolences to the Griset family · Asked Chief Walters to provide an update on the immigration rallies on March 27,2006 Councilmember Christy · Thanked the Police Chief for his Department's efforts during the events on March 27, 2006; further thanked the Public Works Department for their quick response to requests for graffiti removal · Noted that the passing of Lorin Griset was a tremendous loss for the City and further noted that the Grisets were a pioneering family in this City. Mavor Pro T em Bist · Commented that the Main Street improvements are really looking good and the traffic flow has already improved; did ask staff to coordinate with the contractors relative to the left turn signals that are still operating even though the left turn lane is not available · Noted that in the Library Board minutes for their last meeting it was mentioned that the elimination of the Bookmobile was being considered; she asked the City Manager to look elsewhere for budget savings · Offered condolences to the Griset family CITY COUNCIL MINUTES 20 APRIL 3, 2006 COMMENTS Councilmember Alvarez . Offered her condolences to the Griset family . Asked the Council to adjourn in memory of Marco Antonio Firebaugh . Thanked the Police Chief for his efforts in bringing community leaders together to work on a plan to convince kids to stay in school . Thanked the Council for supporting her in directing staff to draft an ordinance aimed at protecting children from sexual predators Councilmember Bustamante . Offered condolences to the Griset family . Thanked Chief Walters for his Department's efforts during the protests on March 27, 2006 Mavor Pulido · _Noted that Marco Firebaugh was a tireless worker and that his loss is mourned · Noted that Lorin Griset was a friend and mentor to him and asked the Council to adjourn in his memory ADJOURNMENT - 9:58 P.M. - To April 17, 2006 - 5:15 p.m. - Police Chiefs Conference Room, 4th Floor, 60 Civic Center Plaza, Santa Ana, California Adjourned in Memory of Lorin Griset Marco Antonio Firebaugh Patricia E. Healy Clerk of the Council CITY COUNCIL MINUTES 21 APRIL 3, 2006 CITY OF SANTA ANA ADJOURNED REGULAR MEETING 5:15 P.M. April 17, 2006 City Hall, 8th Floor, Room 831 CALL TO ORDER Mayor PULIDO Councilmembers ALVAREZ, BIST, CHRISTY, BUSTAMANTE, GARCIA, SOLORIO City Manager, City Attorney, Clerk of the Council CLOSED SESSION CALENDAR The Brown Act permits the City Council to discuss certain matters without members of the public present, provided the items to be discussed are posted 72 hours prior to the City Council meeting. The following items were received for the April 17 , 2006 Closed Session. 95.A. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) Javier Rivera, WCAB #AHM 0057919; AHM 0103212; AHM 0119073 Claim #97PDS0040; 03-2601; 00-1172 George Dunseth v. City of Santa Ana Orange County Superior Court Case Number 03CC04177 Claim Number 2002-136 95. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director Henry Alva and Assistant Director of Personnel Services Kathie Gonzalez Employee Organization: Santa Ana Service Employees International Union (SEIU) - Part-Time Santa Ana Service Employees International Union (SEIU), Santa Ana Police Officers' Association, Santa Ana Management Association and Police Management Association - Enhanced Retirement Formula CLOSED SESSION REPORT The City Attorney will report on any actions to be taken at the Regular Meeting which will begin at 6:05 p.m. or as soon as possible thereafter in the Police Community Room, 60 Civic Center Plaza ADJOURNMENT ADJOURNED REGULAR MEETING 1 APRIL 17, 2006