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HomeMy WebLinkAbout FULL PACKET_2009-10-19MINUTES 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 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: OCTOBER 19, 2009 TITLE: SECOND AMENDMENT TO AGREEMENT WITH LIDGARD AND ASSOCIATES, INC. FOR REAL ESTATE APPRAISAL SERVICES APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For .®-^- CI MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute a second amendment to the agreement with Lidgard and Associates, Inc. to conduct real estate appraisal services in the amount of $200,000 for a total agreement not to exceed $400,000. DISCUSSION On September 15, 2005, the City Council awarded a contract to Lidgard for real estate appraisal services. Over the past four years Lidgard has completed appraisals for the City of Santa Ana on commercial and residential properties. Lidgard has done an excellent job and completed all assignments in a timely manner. With the recent funding of several intersection widening projects and the upcoming widening of Grand Avenue from First Street to Fourth Street, additional appraisal consulting services will be required. These appraisal services include determining the fair market value for acquisitions of entire properties and portions of properties. In addition, appraisers are needed to determine the value of surplus city-owned land for disposal purposes. An amendment to Lidgard's existing agreement is recommended to continue right of way appraisal services and to meet the project deadlines. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 25A-1 Second Amendment to Agreement with Lidgard and Associates, Inc. October 19, 2009 Page 2 FISCAL IMPACT Funds for this contract are available in the various Capital Improvements Projects. APPROVED AS TO FUNDS AND ACCOUNTS: ~~~ ~~s~ ~~~~ ~ ~~ George Alv rez Francisco Gutierrez Acting Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency 25A-2 25A-3 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO CONSULTANT AGREEMENT is entered into on October 21, 2009, by and between Lidgard and Associates, Inc., a California corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into Agreement A-2005-138, dated September 15, 2005, (hereinafter "said Agreement") by which Consultant has provided right-of--way appraisal services B. In accordance with the terms and conditions of said Agreement, the parties wish to amend said Agreement to provide additional funds to allow Consultant to provide additional services pursuant to said Agreement. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Consultant Agreement, the parties agree as follows: 1. Section 2.a., COMPENSATION, shall be amended to increase compensation by $200,000 for a total not to exceed amount of $400,000.00. 2. Except a herein amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Consultant Agreement on the date and year first written above. ATTEST: PATRICIA E. HEALY Clerk of the Council CITY OF SANTA ANA DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney LIDGARD AND ASSOCIATES, INC. SCOTT LIDGARD, President 2 5A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 19, 2009 TITLE: AGREEMENT AWARD FOR GRAFFITI REMOVAL SERVICES QJ~-r""--'_~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute attached agreement with Graffiti Protective Coatings, Inc. in the amount of $524,997 for graffiti removal services for a nine-month period. DISCUSSION The Public Works Agency is responsible for citywide graffiti abatement. Since 1987 graffiti abatement has been performed by a combination of City employees and contractors. With the assistance of a contractor the city is able to provide enhanced services such as color matching and graffiti removal from second story buildings and above. On July 1, 2009, the Parks, Recreation and Community Services Agency transferred the responsibility for graffiti removal in city parks to the Public Works Agency. This recommended action will allow the Public Works Agency to absorb this increased workload. A Request for Proposals was advertised on August 12 & 14, 2009, and proposals were solicited. A summary of the proposals requested and received is as follows: 11 Requests for Proposals mailed 0 Requests for Proposals mailed to Santa Ana vendors 2 Proposals received 0 Proposals received from Santa Ana vendors On August 26, 2009, two proposals were received. The ratings for the two respondents are as follows: 25B-1 Agreement Award for Graffiti Removal October 19, 2009 Page 2 FIRM LOCATION PRICE PER MONTH RATING Graffiti Protective Coatings, Inc. Los Angeles, CA $58,333 709 Urban Graffiti Enterprises Inc. Azusa, CA $42,500 507 Graffiti Protective Coatings, services and have consistently city's needs. Staff performed was informed by several cities t not perform to their standards, their contract. Inc. are currently providing these demonstrated the ability to meet the reference checks on both proposals and hat Urban Graffiti Enterprises, Inc. did therefore, requiring them to not renew With the approval of this agreement graffiti abatement would be handled by five City employees and five and a half contract employees. Savings from two vacancies within the Public Works Agency, Maintenance Division will be used to pay for this agreement. An alternative to this recommendation is to simply renew the existing agreement with Graffiti Protective Coatings, Inc. for $200,000 for a twelve month period. This action would maintain 5 city employees and 1.5 contract employees in graffiti abatement. FISCAL IMPACT Funds for the first nine months are available in the fiscal year 2009/2010 Environmental Sanitation Fund (no. 06817642-62300). APPROVED AS TO FUNDS AND ACCOUNTS: George A varez Acting Executive Director Public Works Agency Francisco Gutierrez Executive Director Finance & Management Services Agency 25B-2 GRAFFITI REMOVAL SERVICE AGREEMENT THIS AGREEMENT, made and entered into this 19`'' day of October, 2009 by and between Graffiti Protective Coatings, Inc., a California corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of graffiti removal. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall provide graffiti removal services, with a staff of five (5) weekday Graffiti Removal Persons and one (1) weekend Graffiti Removal Person, under the direction of City staff, as set forth in Exhibit A, attached hereto and incorporated to this Agreement by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, $58,333 per month, as set forth in Contractor's Fee Schedule, attached hereto as Exhibit B. The total sum to be expended under this Agreement shall not exceed $524,997, during the initial nine-month term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2010, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Public Works and the City Attorney. The contract may be extended on the written agreement of the parties, for up to four (4) additional one-year terms. Any such extension shall be subject to the same terms and conditions contained in this Agreement. Increases may be negotiated and adjusted prior to the commencement of any extended term, to be effective during such extended term. In the event sufficient budgeted funds are not available for a new 1 25B-3 fiscal period, the City shall notify the provider of such occurrence and contract shall terminate on the last day of current fiscal period without penalty or expense to the City. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 2 25B-4 e. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 8. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. BOX 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Public Works Agency -Maintenance Services City of Santa Ana 220 S. Daisy Avenue 3 25B-5 Santa Ana, California 9270? telefacsimile (714) 647-3345 Attn: Will Hayes and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.~. BOX 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Contractor: Graffiti Protective Coatings, Inc. Carla Lenhoff 419 N. Larchmont Blvd., #264 Los Angeles, California 90004 telefacsimile (323) 464-4472 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 9. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 10. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject of this Agreement performed by City personnel or by other Contractors retained by City. 11. TERMINATION This Agreement may be terminated by the City upon sixty (60) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all 4 25B-6 services performed by Contractor through the termination date, however, payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. Contractor shall have no other claim against City by reason of such termination. 12. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 14. COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS Consultant shall carry out all services pursuant to this Agreement in substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the State of California, the County of Orange, the City, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the City, including all applicable federal, state, and local occupation, safety and health laws, rules, regulations and standards, applicable state and labor standards, prevailing wage requirements, the City zoning and development standards, City permits and approvals, building, plumbing, mechanical and electrical codes, as they map apply, and all other provisions of the City and its Municipal Code (as they may apply), and all applicable disabled and handicapped access requirements, including, without the limitation, the Americans With Disability Act, 42 U.S.C. § 12101 et seq., Government Code § 4450 et seq., and the Unruh Civil Rights Act, Civil Code § 51 et seq. 15. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. /// /// /// 5 25B-7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager RECOMMENDED FOR APPROVAL: CONTRACTOR GEORGE ALVAREZ Acting Executive Director of the Public Works Agency (NAME) (Title) Tax ID# 6 25B-8 EXHIBIT A SCOPE OF SERVICES I. CONTRACTOR'S RESPONSIBILITIES - A. Work Assignments 1. Contractor will provide graffiti removal services for all streets, sidewalks, private and public property, parks, bike trials, flood channels, civic center and right-of--ways, located within city limits. 2. The Contractor shall contact the Project Manager and/or his/her designee each weekday, at a mutually agreed upon time, to discuss the Contractor's schedule for the day, pending work orders, areas to be maintained and areas to be inspected for approval. Weekend work orders will be assigned on Friday. 3. The Contractor shall receive work orders from the Project Manager and/or his/her designee via electronic mail or facsimile, or written as agreed upon by the Project Manager and/or his/her designee and the Contractor. 4. Upon receipt of a work order, the Contractor shall inspect the location and determine the method of removal according to the PWA Graffiti Removal Standards, attached hereto as Attachment 1, which will maintain the integrity of the surface. 5. The Contractor shall provide services within twenty-four (24) hours of receiving work orders. In the event that a site cannot be abated within twenty-four (24) hours due to inclement weather, size of the site or any other reason, the Contractor shall notify the Project Manager and/or his/her designee with the status of the site prior to the end of the twenty-four (24) hour timeline. 6. Work may be assigned as a targeted graffiti route with graffiti removal. As directed by the Project Manager and/or his/her designee, the Contractor shall be assigned to schedule visits to specified sites, neighborhoods or corridors. The Contractor may be required to work with a site, neighborhood or corridor liaison in addition to the Project Manager and/or his/her designee. 7. The Contractor shall meet with the Project Manager and/or his/her designee one time per week at a mutually agreed upon time to discuss program status and issues. 8. The Project Manager and/or his/her designee or the Police Department may designate sites as needing an emergency response. An emergency work order will be issued immediately. Emergency response sites will have first priority and may require abatement on the same day. 9. The Contractor shall deliver completed work orders to the Project Manager and/or his/her designee via electronic mail, facsimile, mail or in person on, or prior to, the first working day of the week following assignment of the work order. Accommodations for special projects may be made. 10. Work on private properly shall not be performed without the Consent form signed by the owner or authorized by the Project Manager and/or his/ her designee. The Contractor shall obtain the signature of the property owner on the consent form prior to beginning work. Original consent forms shall be returned to the Project Manager and/or his/her designee on a weekly basis and are property of the City. The City will maintain a database of Consent Forms. B. Description of Work 1. The method of removal shall not leave shadows or ghosts and shall not follow the pattern of the graffiti such that letters or shapes remain apparent on the surface after markings have been removed. 2. Unless otherwise approved by the Project Manager and/or his/her designee, graffiti shall be removed so that virtually no trace of the pre-existing graffiti remains. 3. The Contractor shall protect the surfaces adjacent to the area to be abated. 7 25B-9 4. The Contractor shall abate the entire surface in the event that the graffiti covers a significant area of the surface. The Project Manager and/or his/her designee shall determine whether or not an entire surface will be abated on a case by case basis. 5. In the event that the Contractor arrives on site to find the graffiti has been abated, the Contractor shall notify the Project Manager and/or his/her designee and submit photos of the location within 24 hours. 6. The Contractor shall ensure protection of the work area at all times including, but not limited to: a. Barricading the area of work at distances so as not to allow persons who are not involved with the abatement into the area. b. Barricading area work performed within the public right-of--way. c. Using warning signs and sidewalk and street cones to inform the public of work being conducted as stipulated in watch handbook. d. Immediately correcting damage to the work site. e. Leaving work in undamaged condition. £ Providing signs to protect the finishes and the public. 7. The Contractor shall remove all equipment and materials from each site and leave the site broom clean at the completion of each removal location. 8. The Contractor shall dispose of all materials containers and excess materials in accordance with all applicable laws, regulations, ordinances, codes and any other legislative or statuary requirements. Material rinse residue shall be collected and disposed of appropriately. C. Photographic Documentation of Work 1. Photographs shall document the size, type of surface, hotline or no hotline, private or public property, paint or water blast of the area of graffiti to be abated. Photographs shall also document the address of the location of the graffiti. Equipment to take photographs will be provided by the City. D. Personnel 1. Contractor shall designate one specific individual to oversee and inspect work performed by Contractor's personnel assigned to this contract. The representative shall be immediately available during work activities to receive communications from the Project Manager and/or his/her designee. Such representative shall have a cell phone to in order to be contacted by the Project Manager and/or his/her designated staff. 2. Contractor shall make the designated representative available to accompany the City representative to inspect sites and/or work upon twenty-four (24) hours notice. 3. The Contractor shall utilize only trained, competent employees in the performance of this contract. At the request of the City, the Contractor shall remove from assignment to this contract any incompetent, abusive or disorderly employee, whether supervisory or non-supervisory. 4. Contractor shall ensure that all employees have immediate access to the Material Safety Data Sheet's (MSDS) for each product used in the performance of this contract. 5. Any person assigned to this contract found to be in possession of and/ or under the influence of intoxicants or narcotics shall be removed from assignment to this contract. This person may be subject to arrest and criminal prosecution. 6. Personnel employed by the Contractor shall be screened and are not to perform services under the contract without prior approval from the Contract Representative. All employees performing services must undergo a criminal background investigation prior to service under this contract. 8 25B-10 E. Equipment 1. The Contractor's vehicles and equipment shall be neat in appearance and easily identified. Identification on the Contractor's vehicles shall consist of, at a minimum, company name, local telephone number and contract services provided by City of Santa Ana in print no less than eight (8) inches tall. 2. The Contractor shall maintain its vehicles and equipment in safe and mechanically sound condition. 3. The Contractor shall provide all personnel, vehicles, supplies and equipment necessary to perform services. F. Compliance with Applicable Laws and Regulations 1. Contractor shall perform all requirements under and in strict observance of and compliance with all applicable laws, regulations, ordinances, codes and any other legislative or statutory requirements. 2. Contractor warrants that the performance of services under this contract shall be compliant with the current requirements of the Occupational Safety and Health Act (OSHA) and as it may be amended or updated throughout the term of this contract. G. Use of Products 1. The Contractor shall be in possession of a copy of the MSDS for each product used in the performance of work at all times. 2. Contractor shall ensure that all employees have immediate access to the Material Safety Data Sheet's (MSDS) for each product used in the performance of this contract. 3. All products used by the Contractor shall be manufactured products specifically intended for purpose for which they are being used. Contractor shall not devise any products of his/ her own making for use under this contract. The use of all products shall be in strict conformance with the manufacturer's specifications. 4. Contractor shall be in compliance with all provisions of the Federal Hazard Communication Act. H. Protection of the Public and Damages to existing Structures 1. The Contractor shall exercise caution at all times for the protection of persons and property. All fines, penalties and/ or repair changes resulting from the Contractor's actions and responsibility of the Contractor. 2. The Contractor shall not permit placing or use of equipment in such a manner as to block vehicle traffic lanes or create safety hazards. The Contractor shall be responsible for the use of all appropriate warning devices according to the watch handbook. 3. The Contractor shall avoid damage to existing structures. In the event that structure is damaged in the course of the work, the Contractor shall be solely responsible for its repair or replacement. I. Invoices 1. All invoices for work performed under this contract shall be submitted electronically in an Exce12003 format approved by the Project Manager and/or his/her designee. 2. The Invoice shall include the following: a. Contract number b. Contractor's invoice number c. Abatement site address d. Work order number e. Beginning and ending dates for services 9 25B-11 f. Square footage removed for each method of removal g. Total square footage removed h. Unit cost, subtotals and total for invoice II. SPECIFICATIONS- Painting 1. The Contractor shall professionally match existing paint using an approved paint palette. 2. The Contractor shall not paint previously unpainted surfaces and finishes such as slump stone, split face masonry, stone, brick or concrete block unless painting is specifically requested by the property owner or Project Manager and/or his/her designee. These specific requests shall be noted on the work order for the site. III. SPECIFICATIONS- Media Blasting and Chemical Removal 1. All chemical graffiti removal products shall be biodegradable and environmentally safe. 2. The Contractor shall perform all abrasive removal techniques so that the abatement area is blended into the adjacent surface. 3. Should one location require more than one removal technique and the total square footage of the abatement does not exceed one hundred fifty (150) feet, the City shall not be charged the minimum charge for both techniques. The Contractor may charge the average of the minimum charges for the techniques used. IV. WORKING HOURS Working hours shall be no earlier than 6:00 a.m. to no later than 5:00 p.m. weekdays. On Saturdays, Sundays and holidays, the Contractor shall respond to all graffiti telephone hotline requests received by 12 noon. Contractor shall respond to graffiti removal request received between 12 noon on Saturday and 12 noon on Sundays by 5:00 p.m. that same Sunday. If the Contractor cannot respond to a request made after 12 noon on a Sunday or holiday, Contractor will inform City on the following workday and abatement responsibility will be assigned by City. V. Work by the City Staff Because of Nonconformance to Contract Should the Contractor fail to correct deficiencies or public nuisances that have been created because of his operation, the City will proceed to take corrective measures and this project will be considered as an emergency. Such work will be done on a staff account basis with an additional callout charge of $75 for each callout. It should be noted that there is a minimum of a two-hour charge for labor on any callout. Contractor shall provide experienced and knowledgeable professional staff. Contractor's Project Manager and staff shall be responsive and maintain excellent working relationships with city residents, property owners, government officials and City staff. The Contractor shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules. The Contractor will be required to carry a State of California Painting Contractor's License and a City of Santa Ana Business License and shall be knowledgeable and very familiar with federal, state and local regulations. Contractor services will include but not limited to attendance at City Commission, City Council and neighborhood meetings as determined by staff. Subcontractors shall be the responsibility of the prime Contractor and the City shall assume no liability of such subcontractor. The City reserves the right to reject, replace and approve any and all subcontractors. 10 25B-12 EXHIBIT B FEE SCHEDULE Fee must be inclusive of all costs, including but not limited to, diced and indirect costs for labor, overhead, materials, Printing, travel and mileage, etc. 1 Ead~ -Paint and Water blast Combo -Graffiti Removal Person 40 hours a vaeek -Monday through Friday Approximately 2,500 to 3,000 stops per month Approximately 50,000 to 60,000 sq. ft. removed per morrth $ i .o per month x 9 months = S 4 0 , aoo 1 Each -Paint and Water blast Combo - GrafRti Removal Person 8 hours achy -Saturday, Sunday and Holidays Approximately 1,200 th 1,400 stops per month Approximately 24,000 to 28,000 sq. ft. removed per month $g;333 per month x9 months=$ 74447 TOTAL AMOUNT OF PROPOSAL = $ ~~yrg77 City reserves the right to increase the number of grathti removal people at no additional increase in the unit bid price. ~s 11 25B-13 25B-14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 19, 2009 TITLE: PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2009-05 TO AMEND ALLOWED USES WITHIN THE BROADWAY CORRIDOR DISTRICT OF THE MIDTOWN SPECIFIC PLAN (SP-3) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Continue the matter to November 2nd meeting per staff's request. PLANNING COMMISSION ACTION On August 24, 2009, the Planning Commission recommended that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2009- 05 by a vote of 7:0 to amend the allowed uses within the Midtown Specific Plan, Broadway Corridor District, to allow museums, libraries, galleries, theaters and cinema, except those that require a conditional use permit. The Planning Commission made no changes to the recommended action. FISCAL IMPACT There is no fiscal impact associated with this action. -~_ 21.. Jay M. Trevino Executive Director Planning & Building Agency BA:rb ba\reports2009\zoa09-5\zoa09-OSmidtowncc 75A-1 75A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 19, 2009 TITLE: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 2009-O1 TO UPDATE THE SANTA ANA GENERAL PLAN HOUSING ELEMENT (2006-2014) i CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Approve and adopt the Negative Declaration, Environmental Review No. 2009-51. 2. Adopt a resolution approving General Plan Amendment No. 2009-O1. PLANNING COMMISSION ACTION On September 28, 2009, the Planning Commission recommended that the City Council approve and adopt the Negative Declaration, Environmental Review No. 2009-51; and adopt a resolution approving General Plan Amendment No. 2009-01 by a vote of 6:0 to update the City of Santa Ana General Plan Housing Element for the planning period 2006 through 2014. The Planning Commission made no changes to the modifications outlined in the attached staff report (Exhibit A) . FISCAL IMPACT There is no fiscal impact associated with this action. Jay M. Trevino Executive Director Planning & Building Agency MGM:rb mgm\P1anComm\gpa09-O1 Housing Element .cc 75B-1 75B-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: SEPTEMBER 28, 2009 TITLE: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 2009-01 TO UPDATE THE SANTA ANA GENERAL PLAN HOUSING ELEMENT (2006-2014) Prepared by Melanie G. McCann ,~-~'~- ~ Executive erector RECOMMENDED ACTION Recommend that the City Council: PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO wE~~ ,~. Planning Ma ger 1. Approve and adopt the Negative Declaration, Environmental Review No. 2009-51. 2. Adopt a resolution approving General Plan Amendment No. 2009-01. DISCUSSION The City of Santa Ana's General Plan Housing Element (2006-2014) communicates Santa Ana's new Housing Vision and strategies for preserving and expanding housing opportunities for all income levels. The Housing Element is the primary policy guidance document for local decision-making related to housing and includes an array of programs to effectively address local and regional housing needs through the year 2014. The Housing Element is one of the seven general plan elements mandated by the State of California to be prepared and adopted by all local jurisdictions. Given the priority to address California's critical housing needs, the housing element was made the only general plan element required to be updated every five years. State law requires that the housing element include "an identification and analysis of existing and projected housing needs and a statement of goals, policies and quantified objectives, and scheduled programs for the preservation, improvement and development of housing". EXHIBIT A 75B-3 General Plan Amendment No. 2009-O1 September 28, 2009 Page 2 Community Outreach A variety of opportunities were created for the community to participate in the preparation of the Housing Element update - including two Community Workshops, forums with community serving organizations and local employers, and various Commission study sessions. In particular, a City Council Vision Session was held in October 2008 to discuss community needs, public input, and housing policy direction. All those parties expressing interest, including neighborhood and community leaders, were also notified when the Draft Element or related Negative Declaration was released to the public and available for view on the City web site and library. These parties have been duly noticed of the Planning Commission and City Council public hearing dates to consider the adoption of the Draft Element. Policy Plan The Draft General Plan Housing Element was shaped by community outreach resulting in the creation of a new Housing Vision statement for Santa Ana: "Santa Ana residents have an equal right and opportunity to find suitable housing in quality residential neighborhoods that allow themselves, their families, and neighbors to live the fullest lives. We support an inclusive community that is multigenerational, culturally diverse, sustainable, and economically broad. The City will facilitate the production, rehabilitation, and improvement of rental and homeownership opportunities at different affordability levels". The September 2009 Draft Housing Element (Exhibit 1) identifies over 50 Implementation Programs to achieve this New Vision. Some of the key policy programs include: • New Construction and Potential Housing Sites. The City has entitled and/or seen the construction of more than 2,300 new housing units since 2006, the majority serving market rate needs. The draft Housing Element identifies select areas in the City as a menu of "Potential Housing Sites" to meet Santa Ana's 3,393 Regional Housing Needs Assessment (RHNA), particularly as it refers to the City's unmet affordable housing need. These areas include Metro East, the proposed Renaissance Specific Plan area, and transit corridors along Harbor Boulevard, First Street and Fifth Street. 75B-4 General Plan Amendment No. 2009-O1 September 28, 2009 Page 3 • Adequacy of Sites for Lower Income Households. To provide adequate sites to meet the unmet need for affordable housing, Program 17 in the Draft Element identifies the creation of a new General Plan land use designation and zoning district to achieve a minimum range of 25 to 35 dwelling units per acre (average of 30 units per acre). This Program would entail amending a minimum of 33 of the total 116 acres identified in the inventory of "Potential Housing Sites" to a land use designation that facilitates an average of 30 dwelling units. A program to create residential/mixed use multi-family development standards is also included, as well as incentive programs to promote the production of affordable housing. • Homeless and Transitional Housing. With the adoption of Senate Bill 2, state law requires that all jurisdictions identify potential sites where emergency shelters can be located as by- right, permitted uses to serve local needs. The law also states that transitional and supportive housing are to be permitted in the same zoning district as other like residential uses. The revised Draft Element identifies a program to evaluate the Light Industrial (M-1) zoning district and select commercial districts to identify appropriate areas and locations where emergency shelters can be developed without discretionary approvals to accommodate Santa Ana's homeless population. • Housing Preservation. The preservation of existing affordable housing stock has been an ongoing priority for the City of Santa Ana. Under present housing law, there is limited opportunity for the City's housing rehabilitation projects to be credited toward our Regional Housing Needs Assessment (RHNA) allocation for new construction. The Draft Element identifies 154 apartment units that were converted from non-affordable to affordable, of which 26 units presently qualify for the RHNA construction credit. The Element also identifies a program to advocate for legislative change to allow greater flexibility in satisfying the regional housing needs' goals through housing preservation and conversion of apartments from market rate to income restricted affordable units. Public Review Following the public outreach, that included community workshops, stakeholder focus groups, Study Sessions with Commissions, and Visioning Study Sessions with the City Council, the City prepared the preliminary 75B-5 General Plan Amendment No. 2009-01 September 28, 2009 Page 4 Draft Housing Element (2006-2014). The Draft Housing Element was initially circulated for public review on September 4, 2008, and submitted to the State Department of Housing and Community Development (HCD) for their required review. At the close of the 60-day HCD review period on November 4, 2008, the City received written comments from HCD, as well as other interest groups, such as the Kennedy Commission and the Public Law Center. Revisions were made to the Draft Housing Element by City staff and forwarded to HCD for a second review in March 2009; followed by a second round of comments by HCD in June 2009. After various discussions with HCD and refinements to the Draft Element, the City received a letter from HCD on August 31, 2009 confirming the City's Draft Housing Element as in compliance with State law (Exhibit 2). All those parties expressing interest, including neighborhood and community leaders, have been notified of the ongoing progress of the Draft Element and its availability for review; as well as upcoming Planning Commission and City Council public hearing dates to consider the adoption of the Draft Element. Additionally, all drafts, environmental documents and HCD comment letters were posted on the City's web site. The Draft Housing Element not only meets the requirements of State law, it introduces a progressive new Housing Vision for Santa Ana. This vision includes programs to address an array of housing needs, promote sustainable linkage between land use development and transportation, and further Santa Ana's overall quality of life. Based on the analysis above, it is recommended that the Planning Commission recommend that the City Council adopt a resolution approving General Plan Amendment No. 2009-O1. CEQA Compliance In accordance with the California Environmental Quality Act, Negative Declaration, Environmental Review No. 2009-51, has been prepared for this project (Exhibit 3). The public review period for the Negative Declaration for the Draft Housing Element was from April 30, 2009 to May 29, 2009. ~~~~ Melanie G. McCann, AICP Sergio Associate Planner Princip MGM:jm mgm\P1anComm\gpa09-O1 Housing Element.pc tz, ICP Pla er/ 75B-6 Please reference EXHIBIT 1 2006-2014 Draft General Plan Housing Element (September 2009) GPA 2009-01 EXHIBIT 1 75B-7 75B-8 STATE OF CALIFORNIA -AURINESR TRANSPORTATION ANn HO IRINC AGENCY ARNCII r1 cr~nnmR~GtiGrrGO r DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 1800 Third Street, Suite 430 v P. O. Box 952053 ', Sacramento, CA 94252-2053 (916) 323-31771 FAX (916) 327-2643 www.hcd.ca.gov August 28, 2009 Mr. Jay Trevino, Executive Director Planning and Building Agency City of Sarita Ana 20 Civic tenter Plaza Santa Ana, CA 92702 Dear Mr. Trevino: RE: Review of the City of Santa Ana's Draft Housing Element Thank you for submitting the City of Santa Ana's housing element received for the Department's review on July 2, 2009. The Department is required to review draft housing elements and report the findings to the locality pursuant to Government Code Section 65585(b). The review was facilitated by communications with Ms. Melanie McCann, of your staff, and Mr. Mark Hoffman, the City's consultant. In addition, the Department consulted with the Kennedy Commission, pursuant to Government Code Section 65585(c). The draft housing element was well organized and presented in a format that was both informative and easy to understand. The element presents a clear vision of the community's housing values and goals. When adopted, the housing element will be an effective, user-friendly tool to implement the community's housing .and community development objectives. The draft element addresses the statutory requirements described in the Department's May 29, 2009 review. For example, the element now includes programs to rezone sites and demonstrates adequate sites to accommodate Santa Ana's regional housing need. As a result, the revised draft element will comply with State housing element law (Article 10.6 of the Government Code) when adopted and submitted to the Department, pursuant to Government Code Section 65585(g). The Department commends Santa Ana's commitment to adopt housing and land-use strategies to address its existing and projected housing need. Programs targeted to encourage and facilitate development of housing for lower-income .households in the City's plan areas (Programs 13-21) and the availability of affordable housing incentives (Program 25) are critical to demonstrate compliance with housing element law. The City must monitor and report on the results of these programs and others through the annual progress report, required pursuant to Government Code Section 65400. Should monitoring reveal programs has been unsuccessful in promoting the development of housing affordable to extremely low-, very low- and low-income households, the City should adopt alternative strategies.. EXHIBIT 2 75B-9 Mr..lay Trevino, Executive Director Page 2 The Department appreciates the effort and cooperation provided by Ms. McCann throughout the course of the review and looks forward to receiving Santa Ana's adopted housing element. If you have any questions, please contact Brett Arriaga, of our staff, at (916) 445-5888. Sincerely, .. ~, ~/ Cathy E. Creswell Deputy Director 75B-10 bk 10/12!09 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A REVISED HOUSING ELEMENT OF THE CITY'S GENERAL PLAN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council hereby finds, determines and declares as follows: A. The California Government Code requires every city to adopt a General Plan. The Plan consists of several elements, one of which must be a Housing Element. B. The Housing Element, in general, must be revised periodically to incorporate programs, polices and objectives designed to allow the City to meet its fair share of the regional anticipated growth in housing demand. C. Government Code section 65588, as amended, requires the City to adopt a revised Housing Element. D. Pursuant to state law, the Housing Element must include the following provisions: 1. an identification and analysis of existing and projected housing needs; 2. a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing; 3. the identification of adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters; and 4. adequate provision for the existing and projected needs of all economic segments of the community. E. Both the Redevelopment and Housing Commission, and Planning Commission have considered the proposed Housing Element at a regularly scheduled meeting or noticed public hearing, respectively, and recommended that the City Council adopt the Housing Element. 75B-11 F. The proposed Housing Element has also been formally reviewed twice by the California Housing and Community Development Agency (HCD). The Housing Element was revised after the first comment letter, and resubmitted to HCD. HCD, in its most recent comment letter, signed by Ms. Cathy E. Creswell, Deputy Director, Department of Housing and Community Development and dated August 28, 2009, states that the revised City's Housing Element "will comply with State housing element law." G. All statements and findings contained in the Housing Element and the Request for Council Action dated October 19, 2009, are incorporated herein by this reference as though fully set forth. Section 2. The City Council has reviewed and considered the information contained in the initial study and the negative declaration for ER No. 2009-51 prepared with respect to this Housing Element. The City Council has, as a result of its consideration, and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a Negative Declaration adequately addresses the expected environmental impacts of the Housing Element. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the negative declaration and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The Housing Element is hereby approved and adopted, and shall be made regularly available by the City's Planning and Building Agency. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. 75B-12 ADOPTED this day of Councilmembers Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2009. CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2009-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 75B-13 75B-14