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Home My WebLink About10A - MINUTES - 10-05-09MINUTES OF THE CLOSED AND REGULAR MEETINGS OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA OCTOBER 5, 2009 CLOSED SESSION MEETING CALLED TO ORDER ATTENDANCE CITY HALL 20 CIVIC CENTER PLAZA, 8T" FLOOR 5:30 P.M. COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tem P. DAVID BENAVIDES (5:32 P.M.) CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO (5:34 P.M.) ABSENT: SAL TINAJERO STAFF Present: DAVID N. REAM, City Manager JOSEPH FLETCHER, City Attorney MARIA D. HUIZAR, Clerk of the Council COMMUNITY REDEVELOPMENT AGENCY CLOSED SESSION ITEM 1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8. Property: 501, 505, 511, 601, 606, 607, 610, 615, 616, 620, 621 & 712 E. Fifth St., 602, 609, 618, 619, 622, 623, 625,626 &630 N. Garfield St, 601, 604, 605, 606, 609, 611, 614, 620 &622 N. Lacy St., 612, 614, 622, 626, 714 & 804 E. Santa Ana Blvd., 601, 602, 709, 710, 711, 714 & 720 E. Sixth St., 801, 809, 901 & 905 Brown St., and 611 N. Minter St. Agency negotiator: Party with whom negotiating: Under negotiation: ADJOURNMENT Cindy Nelson, Executive Director Related California/Griffin Realty Corp. Terms of Sale and Acquisition of Property 6:02 P.M. CITY COUNCIL MINUTES 212 OCTOBER 5, 2009 10A-1 REGULAR CITY COUNCIL MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 6:06 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tem P. DAVID BENAVIDES (6:09 p.m.) CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO (6:25 P.M.) PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS STAFF Present: DAVID N. REAM, City Manager JOSEPH FLETCHER, City Attorney MARIA D. HUIZAR, Clerk of the Council Mayor Pulido Dale Temple, Police Chaplain Mayor Pulido presented the following EMPLOYEE SERVICE AWARDS: 20 YEARS OF SERVICE Richard L. Marckstadt, Police Officer, Police Department 25 YEARS OF SERVICE Stephen D. Horner, Fire Captain, Fire Department PROCLAMATION presented by MAYOR PULIDO to the Orange County American Italian Renaissance Foundation in recognition of Italian Heritage Month. PROCLAMATION presented by MAYOR PULIDO to John Burk for his service on the Santa Ana Federal Credit Union and for his 30 years of service with the City of Santa Ana. PROCLAMATIONS presented by MAYOR PRO TEM ALVAREZ to Consul Carlos Rodriguez-y-Quezada in recognition of Hispanic Heritage Month and for Bi-national Health Week. CERTIFICATES OF RECOGNITION presented by MAYOR PRO TEM ALVAREZ to the Secretary of Defense Employer Support Freedom Award recipients -Police Chief Paul CITY COUNCIL MINUTES 213 OCTOBER 5, 2009 10A-2 Walters, Corporal Kevin De Deaux, Sergeant Terry Zlateff and Sergeant Joe Perez, Police Officers' Association President. PROCLAMATION presented by COUNCILMEMBER BUSTAMANTE to Western Medical Center for being recognized as one of the top 500 hospitals in America by U.S. News & World Report. PROCLAMATION presented by COUNCILMEMBER MARTINEZ to National Latina Business Women Association for enriching the lives of Hispanic women. PROCLAMATION presented by COUNCILMEMBER TINAJERO to Toastmasters International for recognizing the need for all people to communicate in a clear and effective manner. CLOSED SESSION REPORT -Nothing to report. PUBLIC COMMENT ON AGENDA ITEMS • Debbie McEwen provided general comments on the need for active civic participation throughout the City. • Kim McPeck spoke in support of Item 25B. • Phil Lecours opposed to passage of Item 25B. • Robert Penney concerned with subcontracting labor and impact on the City's workforce. Colleen Williams, representing the Santa Ana Historical Society, spoke in opposition to the demolition of the properties being considered as part of item #4 on the Community Redevelopment Agency agenda and requested community input from interest groups in such decisions. Jeff Dickman spoke in opposition to Item 4 on the Community Redevelopment Agency agenda; requested stay of execution to preserve historic properties in the Lacy neighborhood. CONSENT CALENDAR MOTION: Approve staff recommendations on Consent Calendar Items 10A through 32A with the following modifications: • Mayor Pro Tem Alvarez recorded a "no" vote on Item 19C and pulled Items 19D for separate discussion • Councilmember Benavides pulled Item 23A for separate discussion • Mayor Pulido pulled 25B for separate discussion. MOTION: Sarmiento SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) CITY COUNCIL MINUTES 214 OCTOBER 5, 2009 10A-3 NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Items removed for separate action or modified are highlighted. Separate actions show the actual vote. Items without votes are adopted as part of the consent Motion. ADMINISTRATIVE MATTERS MINUTES 10A MINUTES OF THE CLOSED SESSION AND REGULAR MEETING OF SEPTEMBER 21, 2009 -Clerk of the Council Office MOTION: Approve Minutes. BOARDS AND COMMISSIONS MOTION: Reappoint. (Items 13A and 13B) 13A NOMINATED BY COUNCILMEMBER SARMIENTO AS THE WARD 1 REPRESENTATIVES FOR A FULL TERM EXPIRING DECEMBER 11, 2012 -Clerk of the Council Residing Name Board/Commission Ward 1. Eric Alderete Planning Commission 3 2. Kenneth Nguyen Recreation & Parks Board 6 3. Miguel A. Vega Youth Commission 1 13B NOMINATED BY MAYOR PRO TEM ALVAREZ AS THE WARD 5 REPRESENTATIVE FOR A FULL TERM EXPIRING DECEMBER 11, 2012 -Clerk of the Council Residing Name Board/Commission Ward 1. Thomas Morrissey Environmental and Transportation 5 Advisory Committee (ETAC) MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT -None 19B EXCUSED ABSENCES -None CITY COUNCIL MINUTES 215 OCTOBER 5, 2009 10A-4 19C DESTRUCTION OF OBSOLETE CITY 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. *Mayor Pro Tem Alvarez recorded a "no" vote on Item 19C 19D PLANS FOR CITY SPONSORED 2010 BICENTENNIAL FIESTAS PATRIAS EVENTS MOTION: Confirm Staff's recommendation to initiate plans for the City to organize and produce the celebration/cultural activities of the 2010 Bicentennial Fiestas Patrias and authorize the Mayor to establish a City Council 2010 Bicentennial Fiestas Patrias Ad Hoc Committee. MOTION: Alvarez SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A APPROPRIATION ADJUSTMENT - ALLOCATE COMMUNITY DEVLOPMENT BLOCK GRANT-RECOVERY PROGRAM FUNDS - Community Development Agency MOTION: Approve an Appropriation Adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 10-022 -Recognizing American Recovery and Reinvestment Act Community Development Block Grant- Recover funds in the amount of $1,852,245 awarded to the City of Santa Ana CITY COUNCIL MINUTES 216 OCTOBER 5, 2009 10A-5 SPECIFICATIONS -PURCHASE OF EQUIPMENT AND SERVICES MOTION: Award in accordance with Request for Council Action. (Items 22A through 22D) 22A SPEC. NO. 06-090 -INMATE CLOTHING AND SHOES -Renew the contract with Bob Barker for cone-year period in an amount not to exceed $28,015; and an additional $6,000, for a total annual amount not to exceed $34,015 -Police Department 22B SPEC. NO. 06-125 -PAINT AND SUPPLIES -Renew the contract with Vista Paint Corporation for one-year in an amount not to exceed $70,000 - Finance & Management Services 22C SPEC. NO. 09-048 -FIRE PUMPERS - Award a contract to Emergency Vehicle Group, Inc. under the Cooperative Purchase Provision in the amount not to exceed $900,000 -Fire Department 22D SPEC. NO. 09-049 -SELF-CONTAINED BREATHING APPARATUS - Award a contract to Allstar Fire Equipment, Inc. in the amount of $20,000; and an additional $15,000, for a total annual amount not to exceed $35,000 -Fire Department PROJECTS/CHANGE ORDERS 23A CONTRACT AWARD FOR RESIDENTIAL STREET REPAIR PHASE 9 (PROJECT NO. 10-6706-C) -Public Works Agency MOTION: 1. Award a contract to Elite Bobcat Service, Inc., the lowest responsible bidder, in accordance with unit bid prices for the base bid in the estimated amount of $2,607,090, for construction of Residential Street Repair Phase 9. 2. Approve a Funding Analysis with a total estimated construction cost of $3,127,300. MOTION: Benavides SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 217 OCTOBER 5, 2009 10A-6 23B CONTRACT AWARD FOR RESIDENTIAL STREET REPAIR -PHASE 6 (PROJECT N0.09-1754-C) -Public Works Agency MOTION: 1. Award a contract to Excel Paving Company, the lowest responsible bidder, in accordance with unit bid prices for the base bid in the estimated amount of $3,027,105 for construction of Residential Street Repair -Phase 6. 2. Approve a Funding Analysis with a total estimated construction cost of $3,783,800. 23C CONTRACT AWARD FOR RESIDENTIAL STREET REPAIR -PHASES 7 AND 8 (PROJECT NOS.09-1755-C AND 09-1759-C) -Public Works Agency MOTION: 1. Award a contract to All American Asphalt, the lowest responsible bidder, in accordance with unit bid prices for the base bid in the estimated amount of $3,216,841 for construction of Residential Street Repair -Phases 7 and 8. 2. Approve a Funding Analysis with a total estimated construction cost of $4,021,000. 23D CONTRACT AWARD FOR FLOWER STREET BIKE TRAIL EXTENSION, PHASE I, FROM UNION PACIFIC RAILROAD TO MACARTHUR BOULEVARD (PROJECT NO. 08-6029-C) MOTION: 1. Award a contract to I.C.E. Engineering, Inc., the lowest responsible bidder, in accordance with unit bid prices for the base bid in the estimated amount of $726,208 for construction of Flower Street Bike Trail Extension, Phase I, from Union Pacific Railroad to MacArthur Boulevard. 2. Approve a Funding Analysis with a total estimated construction cost of $931,900. AGREEMENTS 25A AGMT -LEASE AGREEMENT WITH OMNIPOINT COMMUNICATIONS INC. FOR CELLULAR ANTENNA AT ROSITA PARK -Parks, Recreation & Community Services Agency CITY COUNCIL MINUTES 218 OCTOBER 5, 2009 10A-7 Continued from the July 6, 2009 City Council Meeting by a vote of 6-0. (Sarmiento absent); Continued from the September 8, 2009 City Council Meeting by a vote of 7-0; Continued from the September 21, 2009 City Council Meeting by a vote of 4-0 (Absent: Martinez, Tinajero, Pulido). MOTION: Table item 25A per staff's request. 25B AGMT - GRAFFITI REMOVAL SERVICES - With Graffiti Protective Coatings, Inc. in the amount of $524,997 for anine-month period with a provision for four one-year renewals -Public Works Agency MOTION: Continue the matter for 2 weeks. MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 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. (Item 25C through 25H) 25C AGMT NO. 2009-165 -TEMPORARY ENGINEERING AND TECHNICAL SUPPORT SERVICES - Execute a second amendment with PDS Technical Services in the amount of $150,000 for a total agreement amount not to exceed $450,000 -Public Works Agency 25D AGMT NO. 2009-166 -PROVIDE EDUCATIONAL SERVICES TO SANTA ANA SCHOOLS ON WATER-RELATED ISSUES -With the Municipal Water District of Orange County for cone-year term with the option to extend for a second one-year term in an amount not to exceed $30,000 per year -Public Works Agency 25E AGMT NO. 2009-167 - AGREEMENT BETWEEN IRVINE RANCH WATER DISTRICT AND THE CITY OF SANTA ANA FOR THE INSTALLATION OF MISCELLANEOUS FACILITIES -With the Irvine Ranch Water District to execute the atwo-year reimbursement agreement for less than $100,000 per project -Public Works Agency 25F AGMT NO. 2009-168 - ON-CALL AERIAL MAPPING AND SURVEYING SERVICES - Execute a first amendment with Johnson-Frank and CITY COUNCIL MINUTES 219 OCTOBER 5, 2009 10A-8 Associates in an amount of $200,000 for a total agreement not to exceed $500,000 -Public Works Agency 25G AGMT NO. 2009-169 - PROVIDE ON-CALL SERVICES AND TRANSPORTATION INFORMATION SYSTEM FOR THE CITY'S TRAFFIC SIGNAL SYSTEM -With Telvent Farradyne, Inc. in an amount not to exceed $173,940 -Public Works Agency 25H AGMT NO. 2009-170 -MAINTENANCE OF THE STADIUM AND CIVIC CENTER -Execute an amendment with Merchants Landscape Services in an amount not to exceed $108,189, for a total agreement amount of $584,263 -Parks, Recreation & Community Services Agency LAND USE MATTERS TENTATIVE PARCEL/TRACT MAPS 32A TENTATIVE PARCEL MAP NO. 2009-02 (COUNTY MAP NO. 2009-109) TO SUBDIVIDE AN EXISTING INDUSTRIAL PROPERTY INTO THREE SEPARATE PARCELS - 1720, 1740, 1760 AND 1800 EAST WILSHIRE AVENUE -Planning and Building Agency Applicant: The Realty Associates Fund VII On September 16, 2009, the Zoning Administrator adopted Planning Commission Resolution No. 2009-12 approving Tentative Parcel Map 2009-02 MOTION: Confirm the Zoning Administrator's action approving Tentative Parcel Map No. 2009-02 as conditioned (County Map No. 2009-109). **END OF CONSENT CALENDAR** PUBLIC HEARINGS 75A PUBLIC HEARING -ZONING ORDINANCE AMENDMENT NO. 2009-05 TO AMEND ALLOWED USES WITHIN THE BROADWAY CORRIDOR DISTRICT OF THE MIDTOWN SPECIFIC PLAN (SP-3) -Planning and Building Agency Legal Notice published in the O.C. Reporter on August 28, 2009. Continued from the September 8, 2009 City Council Meeting by a vote of 7-0. CITY COUNCIL MINUTES 220 OCTOBER 5, 2009 10A-9 MOTION: Continue the matter to the October 19t" meeting per staff's request. MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) COUNCIL AGENDA ITEMS 85A PROPOSED METROPOLITAN WATER DISTRICT EMPLOYEE COMPENSATION AND BENEFITS ISSUES (ALVAREZ) MOTION: Direct the City's representative on the Metropolitan Water District vote in opposition to the proposed salary, benefits, and pension increases as considered by the Metropolitan Water District Board of Directors for their employees. MOTION: Alvarez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Bustamante Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) None (0) None (0) None (0) COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY MEETING AT 7:39 P.M. FOLLOWED BY THE HOUSING AUTHORITY MEETING AND RECONVENED AT 7:48 P.M. WITH SAME MEMBERS PRESENT CITY MANAGER AND COUNCIL COMMENTS 90A CITY MANAGER'S COMMENTS -None 90B CITY COUNCILMEMBER COMMENTS CITY COUNCIL MINUTES 221 OCTOBER 5, 2009 10A-10 Councilmember Tinaiero: Congratulated Santa Ana Pop Warner Football on successful season; and • Thanked the Parks & Recreation Department on the increase of youth participation in team sports. Councilmember Benavides: Commented on the variety of events taking place throughout the City; encouraged residents to stay active in their community; thanked organizers; City embarking in Healthy Neighborhoods Initiative; • Invited the public to a Health Resource Fair on Saturday, October 17, 2009, at 10:00 a.m. in the Bishop Manor Neighborhood; • Encouraged civic participation regarding the Station District project; asked the public to visit the City's website for meeting information. Mayor Pro Tem Alvarez: • Encouraged the community to contact the Metropolitan Water District regarding the proposed increase in benefits and pensions for their employees; and • Asked the community to become engaged in Station District project meetings. Councilmember Sarmiento: • Thanked Mayor Pro Tem Alvarez for bringing item to the attention of the City Council regarding the proposed increases to Metropolitan Water District employees that ultimately affect City residents; • Expressed gratitude to City staff for engaging in dialogue with bargaining unions related to Agenda Item 25H and encouraged creative solutions; • Requested more police presence at the Bishop Manor Neighborhood, especially at their upcoming Health and Community Fair; • Appreciates City staff's efforts in meeting with State Senator regarding proposed State gas tax and redevelopment funds takeaways, and in securing Bristol Street widening project funds. Councilmember Martinez: Commented on the recent natural disasters in the Philippines, Vietnam and Samoa; urged residents to work with the Red Cross to assist the needy affected by these events; • Welcomed Vicky Baxter, newly appointed Executive Director of the Downtown District; • Announced the grand opening of the new Appellate Court Building in Santa Ana today; • Invited the public to Santa Ana Valley High School 30t" anniversary celebration to be held on October 30, 2009; • Thanked Councilmember Tinajero for his efforts related to "Education Gap"; event held at Cal State Fullerton and attended by Congresswoman Loretta Sanchez, State Senator Lou Correa, and Assemblymember Jose Solorio; and CITY COUNCIL MINUTES 222 OCTOBER 5, 2009 10A-11 • Invited the public to a "Texas Hold Em" fundraiser for the Santa Ana Athletic Association to be held at the Green Parrot on Friday, October Stn Thanked Scott Glaab for his contributions to this event. Councilmember Bustamante: • Thanked Mayor Pro Tem Alvarez for bringing forward the Metropolitan Water District item. Encouraged residents to contact the Water District and express opposition to this matter. Mayor Pulido • Reported on his recent trip to Seattle to attend the U.S. Conference of Mayors. ADJOURNMENT at 8:02 P.M. -The next regular meeting of the City Council is scheduled for Monday, October 19, 2009 at 5:30 p.m. for the Closed Session Meeting, immediately followed to the Regular Business Meeting in the Police Community Room, 60 Civic Center Plaza, Santa Ana, California. Maria D. Huizar Clerk of the Council CITY COUNCIL MINUTES 223 OCTOBER 5, 2009 10A-12