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Home My WebLink About10A - MINUTESMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA CALLED TO ORDER ATTENDANCE PUBLIC COMMENTS - None CLOSED SESSION ITEMS JANUARY 18, 2011 CLOSED SESSION POLICE CHIEF'S CONFERENCE ROOM 60 CIVIC CENTER PLAZA, 4TH FLOOR SANTA ANA, CA 5:25 P.M. COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tern (5:26 p.m.) P. DAVID BENAVIDES MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO COUNCILMEMBERS Absent: CARLOS BUSTAMANTE STAFF Present: DAVID N. REAM, City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council 1A CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) Stephanie Speakes vs City of Santa Ana, WCAB Case Nos. ADJ2758045 and ADJ3020295; Case Settlement Request. Antonio Mohr vs City of Santa Ana, WCAB Case Nos. 89 ANA 214485 and 89 ANA 227646; Case Settlement Request. CITY COUNCIL MINUTES 1 JANUARY 18, 2011 1 0A-1 1 B LIABILITY CLAIMS pursuant to Government Code Section 54956.95 Claimants: In re: Mercury Insurance as Subrogee for Monique Rosales, Claim No. 2010-122. 1C CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Employee Organizations: Santa Ana Police Officer's Association Santa Ana Police Management Association Santa Ana Service Employees International Union (SEIU) Full-Time Employees Santa Ana Service Employees International Union (SEIU) Part-time Civil Service Santa Ana Service Employees International Union (SEIU) Part-time Employees (less than 20 hours) 1 D PUBLIC EMPLOYEE EMPLOYMENT AND APPOINTMENT pursuant to Government Code Section 54957(b)(1) Title: City Attorney 1 E CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code § 54957.6(a) to consider the following matters: Regarding the salary and compensation of the Interim City Attorney CLOSED SESSION REPORT The City Attorney will report on any action(s) to be taken at the Regular Meeting which will begin immediately following the Closed Session Meeting. ADJOURNED THE CLOSED SESSION MEETING AT 6:02 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 2 JANUARY 18, 2011 1 0A-2 REGULAR OPEN SESSION CALLED TO ORDER POLICE COMMUNITY ROOM 60 CIVIC CENTER PLAZA SANTA ANA, CA 6:07 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO COUNCILMEMBERS Absent: CARLOS BUSTAMANTE STAFF Present: DAVID N. REAM, City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council CLOSED SESSION REPORT - See Report under item 19A. SPECIAL RECOGNITION Mayor Pulido introduced delegates visiting and studying our City from El Salvador. Delegates included two mayors, a police chief, a school superintendent, and two Councilmembers. Jorge Willer Patriz Castaneda, Mayor of Nahuizalco and Abraham Eldifonso Lopez de Leon, Councilmember of Sonsonate addressed the City Council and thanked them and staff for hospitality. PUBLIC COMMENTS • Ralph Allen, opined that PBID tax passed on to renters and asked Council to repeal. • Fina Chaves, requested PBID be repealed in light of the state economy. • Fernando Ceballos, dissolve PBID; benefits not equally distributed. • Tom Jackson, indicated that he has started a petition to dissolve the PBID. Samuel Romero, opined that PBID tax passed on to renters and should be dissolved; benefit of promotions not balanced; also parking meter hours should be extended to charge evening hour patrons. Claudia Arellanos (also spoke on behalf of her husband Arturo), requested that PBID be repealed; opined that tax not needed. CITY COUNCIL MINUTES 3 JANUARY 18, 2011 1 0A-3 • Nina Jun, for geographical reasons does not believe that PBID benefits her business; suggested that petition approval process different than other jurisdictions throughout the State; requested that PBID be dissolved. • Phil Lecours, does not support contracting out of services and requested continued support of union employees. • Francisco Barragan, support Downtown merchants; suggested PBID be refined; congratulated Council for decisions in 2010 specifically to fix streets and asked that some streets without sidewalks be installed. CONSENT CALENDAR MOTION: Approve Consent Calendar Items 10A through 25C with the following modifications: • Mayor Pulido requested an excused absence for Councilmember Bustamante from the City Council and Community Redevelopment Agency Meetings; • Councilmember Benavides pulled item 20A for separate action; • Councilmember Benavides motioned to have item 13C.2. effective February 1, 2011; • Councilmember Martinez pulled item 25B for separate action; and • Councilmember Sarmiento requested a continuance on item 25C. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: MINUTES 10A SECOND: Sarmiento Alvarez, Benavides, Martinez, Pulido, Sarmiento, Tinajero (6) None (0) None (0) Bustamante (1) ADMINISTRATIVE MATTERS ADJOURNED REGULAR MEETING MINUTES OF JANUARY 4, 2011 - Clerk of the Council Office MOTION: Approve Minutes. CITY COUNCIL MINUTES 4 JANUARY 18, 2011 1 0A-4 BOARDS / COMMISSIONS / COMMITTEES 13A APPOINTMENT TO THE RECREATION AND PARKS BOARD - Clerk of the Council Office MOTION: 1. Appoint Matthew Cruz representing Santa Ana Unified School District "SAUSD" (Replaces J. Hills) for a term expiring December 11, 2012. 2. Appoint Cindy Schultz representing Garden Grove Unified School District "GGUSD" (Replaces D. Chapel) for a term expiring December 11, 2012. 13B COUNCIL REAPPOINTMENT TO THE TRANSPORTATION CORRIDOR AGENCY - City Manager's Office MOTION: Reappoint Councilmember Vincent Sarmiento as the City of Santa Ana Representative and Councilmember Carlos Bustamante as the Alternate Representative to the Transportation Corridor Agency. 13C NOMINATED BY COUNCILMEMBER BENAVIDES AS THE WARD 4 REPRESENTATIVES FOR A FULL TERM EXPIRING DECEMBER 9, 2014 - Clerk of the Council MOTION: Appoint. Residing Name Board/Commission Ward 1. Laura Morfin Community Redevelopment and 4 (Replaces R. Reyna) Housing Commission 2. M. Ava Steaffens** Recreation & Parks Board 3 (Replaces, J. Stroud) **13C.2 Appointment effective February 1, 2011. 13D NOMINATED BY COUNCILMEMBER BENAVIDES AS THE WARD 4 REPRESENTATIVE FOR A FULL TERM EXPIRING DECEMBER 9, 2014 - Clerk of the Council MOTION: Reappoint. Residing Name Board/Commission Ward Mario Turner Planning Commission 3 CITY COUNCIL MINUTES 5 JANUARY 18, 2011 1 0A-5 13E NOMINATED BY MAYOR PULIDO AS THE CITY-WIDE REPRESENTATIVE FOR A FULL TERM EXPIRING DECEMBER 11, 2012 - Clerk of the Council MOTION: Appoint. Residing Name Board/Commission Ward Alexander Nalle Planning Commission 3 (Replaces V. Betancourt) 13F NOMINATED BY MAYOR PULIDO AS THE CITY-WIDE REPRESENTATIVES FOR A FULL TERM EXPIRING DECEMBER 11, 2012 - Clerk of the Council MOTION: Reappoint. Residing Name Board/Commission Ward 1. Eugene Andres Personnel Board 3 2. Wendy Tobiska Recreation & Parks Board 5 3. Isuri Ramos Youth Commission (Regular) 2 MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT - City Attorney's Office MOTION: 1. Approve Compromise and Release settlement agreements as follow: Stephanie Speakes vs City of Santa Ana, WCAB Case Nos. ADJ2758045 and ADJ3020295; in the amount of $65,000.00 Antonio Mohr vs City of Santa Ana, WCAB Case Nos. 89 ANA 214485 and 89 ANA 227646; in the amount of $53,988.10 2. Approve settlement agreement in the amount of $7,774.65 for the Liability Claim of Mercury Insurance as Subrogee for Monique Rosales, Claim No. 2010-122. 19B EXCUSED ABSENCES - Clerk of the Council Office MOTION: Excuse Councilmember Carlos Bustamante from the City Council and Community Redevelopment Agency meetings. CITY COUNCIL MINUTES 6 JANUARY 18, 2011 1 0A-6 BUDGETARY MATTERS *Councilmember Sarmiento left the meeting at 6:36 p.m. APPROPRIATION ADJUSTMENTS 20A STRUCTURAL PLAN CHECK SERVICES - Planning and Building Agency Councilmember Benavides requested an explanation on payment of services. Planning and Building Agency Executive Director Jay Trevino indicated that cost borne by applicant. MOTION: 1. Authorize the City Manager and Clerk of the Council to execute an agreement, subject to non-substantive changes approved by the City Manager and City Attorney. AGMT NO. 2011-022 - With Nabih Youssef Associates for structural plan check services in an amount not exceed $60,000. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2011-120 - Recognizing aggregate total amounts not to exceed $60,000 in the 2010-2011 FY revenue account for structural plan check and appropriating various amounts not to exceed $60,000 to the Planning and Building Agency 2010-2011 FY budget allocation in the account for contractual services. MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: PROJECTS/CHANGE ORDERS SECOND: Martinez Alvarez, Benavides, Martinez, Pulido, Tinajero (5) None (0) None (0) Sarmiento, Bustamante (2) CITY COUNCIL MINUTES 7 JANUARY 18, 2011 1 0A-7 23A CONTRACT AWARD FOR CHESTNUT AVENUE REHABILITATION BETWEEN STANDARD AVENUE AND ELK LANE (PROJECT NO. 116734) - Public Works Agency MOTION: 1. Award a contract to Elite Bobcat Service, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $713,763 for construction of Chestnut Avenue from Standard Avenue to Elk Lane. 2. Approve a funding analysis with a total estimated construction cost of $856,500. 23B CONTRACT AWARD FOR SANTIAGO STREET REHABILITATION BETWEEN SIXTH STREET AND SANTA ANA BOULEVARD (PROJECT NO. 116737) - Public Works Agency MOTION: 1. Award a contract to All American Asphalt, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $328,000 for construction of Santiago Street from Sixth Street to Santa Ana Boulevard, and authorize the City Manager to execute necessary change orders in an amount not to exceed the contract plus approved contingency. 2. Approve a funding analysis with a total estimated construction cost of $463,300. 23C CONTRACT AWARD FOR 2010-2011 OMNIBUS CONCRETE IMPROVEMENTS (PROJECT NO. 116742) -Public Works Agency MOTION: 1. Relieve Ruiz Engineering Company of their bid in the amount of $203,554.50. 2. Award a contract to Kormx, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $224,775 for construction of Omnibus Concrete Improvements. 3. Approve a funding analysis with a total estimated construction cost of $280,800. CITY COUNCIL MINUTES 8 JANUARY 18, 2011 1 0A-8 23D CONTRACT AWARD FOR GOLDEN CIRCLE DRIVE REHABILITATION (PROJECT NO. 116747) - Public Works Agency MOTION: 1. Award a contract to Hardy and Harper the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $298,000 for construction of Golden Circle Drive Rehabilitation from First Street to 650 feet north of Fourth Street, and authorize the City Manager to execute necessary change orders in an amount not to exceed the contract plus approved contingency. 2. Approve a Funding Analysis with a total estimated construction cost of $507,600. AGREEMENTS MOTION: Authorize the City Manager and Clerk of the Council to execute the following agreements, subject to non-substantive changes approved by the City Manager and City Attorney and/or actions as noted on the Request for Council Action report. (Item 25A through 25C) 25A AGMT NO. 2011-023 - CABLE EQUIPMENT MAINTENANCE AND VIDEO PRODUCTION SERVICES - Execute an amendment with Video Engineering Services for one year in an annual amount not to exceed $49,915 - Parks, Recreation & Community Services Agency 25B AGMT NO. 2011-024 - ENGINEERING SERVICES FOR THE SANTA ANA BOULEVARD GRADE SEPARATION (PROJECT NO. 106727) - Public Works Agency Continued from the January 4, 2011 City Council meeting by a vote of 7-0. Councilmember Martinez noted that City working on policy on local vendor preference. MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with AECOM in an amount not to exceed $1,200,000, subject to non-substantive changes approved by the City Manager and City Attorney and/or actions as noted on the Request for Council Action report. MOTION: Martinez SECOND: Alvarez CITY COUNCIL MINUTES 9 JANUARY 18, 2011 1 0A-9 VOTE: AYES: Alvarez, Benavides, Martinez, Pulido, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento, Bustamante (2) 25C GRAFFITI REMOVAL SERVICES Continued from the December 20, 2010 City Council meeting by a vote of 6- 0 (Sarmiento absent) and from the January 4, 2011 City Council meeting by a vote of 7-0. Item continued to the February 7, 2011 Council meeting at the request of Councilmember Sarmiento. **END OF CONSENT CALENDAR** BUSINESS CALENDAR RESOLUTIONS 55A RED HILL PAVEMENT REHABILITATION COOPERATIVE AGREEMENT WITH CITY OF TUSTIN - Public Works Agency MOTION: 1. Authorize the City Manager and Clerk of the Council to execute a cooperative agreement, subject to non-substantive changes approved by the City Manager and City Attorney. AGMT NO. 2011-025 - With the City of Tustin for the rehabilitation of Red Hill Avenue from Dyer Road to Warner Avenue in an amount not to exceed $261,000 2. Adopt a resolution. RESOLUTION NO. 2011-002 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE PROJECT LIST FOR USE OF PROPOSITION 1 B FY 2007/08 CITY COUNCIL MINUTES 10 JANUARY 18, 2011 1 0A-10 MOTION: Tinajero SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Martinez, Pulido, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento, Bustamante (2) *Councilmember Sarmiento returned to the meeting at 6:43 p.m. THE CITY COUNCIL RECESSED AT 6:43 P.M. TO THE COMMUNITY REDEVELOPMENT AGENCY MEETING AND RECONVENED AT 6:44 P.M. WITH SAME MEMBERS PRESENT. *Mayor Pulido left the meeting at 6:44 p.m. and did not return. Mayor Pro Tern Alvarez assumed the Chair. WORK STUDY SESSION WSA HOUSING ELEMENT FOLLOW-UP: HOUSING OPPORTUNITY ORDINANCE AND HARBOR CORRIDOR PLAN - Planning and Building Agency Jay Trevino, Executive Director of Planning and Building Agency and Mark Hoffman, consultant made presentation as follow- 2006-2014 Housing Element ¦ Required Element of the City's General Plan ¦ Most recent update adopted October 2009 ¦ City Council's new Housing Vision- • Equal opportunities to suitable housing ¦ Inclusive community- multigenerational, culturally diverse and sustainable ¦ Housing affordable to all income levels Tonight's Study Session Update Topics • Housing Opportunity Ordinance ¦ Draft Ordinance Prepared ¦ Obtain City Council direction on further action ¦ Harbor Corridor Plan CITY COUNCIL MINUTES 11 JANUARY 18, 2011 1 0A-11 ¦ Project Overview ¦ Results of Community Open House Housing Opportunity Ordinance ¦ State Law - General Plan Housing Element ¦ Redevelopment affordable housing obligations ¦ City Council direction with adoption of the Transit Zoning Code What is it? ¦ Proposes that 15 percent of new housing be affordable (for sale or rental) ¦ Designed to help the City meet the affordable requirement established by the Regional Housing Needs Assessment (RHNA) When Does It Apply? ¦ Windfalls or up-zoning ¦ Increase in residential density ¦ Increase in percentage of residential development ¦ Convert commercial or industrial to residential uses ¦ Convert rental units to condominium ownership How Does It Work? ¦ When new for-sale housing or apartments are built ¦ When apartments are converted to condominiums Other Options? ¦ Payment of in-lieu fee ¦ Substantial rehabilitation of an existing apartment Project Standards ¦ Dispersed throughout project ¦ Comparable design, materials, quality, and appearance ¦ For Sale Units: 45 years ¦ Rental Units: 55 years Harbor Corridor Plan ¦ Transit Corridor in the Housing Element ¦ Land identified as possible new housing sites ¦ Westminster/17th Street to just north of Edinger Avenue (2 miles) SCAG Compass Blueprint ¦ Funding for demonstration projects ¦ Enhance livability, walkability, bicycle use, and public transit ¦ Corridors can accommodate growth without changing existing neighborhoods Santa Ana Transit Vision ¦ Link downtown, employment centers, educational facilities, and expand housing choices Bus Rapid Transit ¦ OCTA is introducing four bus rapid transit (BRT) lines in Santa Ana ¦ BRT is an enhanced bus service that stops more frequently than a local bus ¦ Attract development interest in TOD-transit-oriented development ¦ Create more sustainable corridor CITY COUNCIL MINUTES 12 JANUARY 18, 2011 1 0A-12 ¦ Create a Vision for- 1 . Housing and mixed-used development opportunities 2. Economic vitality and new opportunities for businesses and residents 3. Transportation choices, with safe and efficient bus, pedestrian, and bicycle access 4. A sense of place 90A 90B Project Schedule ¦ 2010-2012: 12-18 month process to develop a vision, obtain community input, draft a plan, and conduct environmental analysis ¦ Kicked off project late October 2010 ¦ Community Open House December 9, 2010 ¦ Community Workshop Spring 2011 Open House Results Community Open House in December 2010 ¦ 63 community members: residents, property owners, local business, Community Serving Organizations ¦ Feedback- • Impact to quality of life and business from crime, loitering, noise ¦ Desire for more commercial uses to serve residents needs ¦ Innovative affordable housing choices ¦ Beautification of streetscape and architecture COMMENTS CITY MANAGER'S COMMENTS - None CITY COUNCILMEMBER COMMENTS Councilmember Tinajero: • Announced that Little League Baseball will have sign-ups over the weekend; will have fundraisers to assist families with registration costs. Councilmember Benavides: • Thanked staff for Work Study presentation and carrying out Council vision of the Plan; • Noted that City website now has archived Council Meeting videos starting with January 4, 2011 meeting and will be available for a 12-month period; and • Expressed appreciation to Cindy Nelson, Deputy City Manager for Development Services for her invaluable service to the community, will be missed, and wishes her the best in her retirement. CITY COUNCIL MINUTES 13 JANUARY 18, 2011 1 0A-13 Councilmember Martinez- • Thanked Planning and Building Agency staff and consultants for Work Study presentation and outreach efforts on the subject; • Congratulated Mayor Pro Tern Alvarez for being elected Chair of the Orange County Water District Board; • Requested a moment of silence in memory of the Arizona tragedy; and • Asked that the media and public reach her personally for any comment or inquiry; her email address is councilwomanmartinez(a?gmail.com and her cell phone number is (714) 380-4339. Councilmember Sarmiento: • Also congratulated Mayor Pro Tern Alvarez on being elected Chair of Orange County Water District Board; and • Honored to have attended program commemorating Martin Luther King Jr. that was very inspirational. Mayor Pro Tern Alvarez- • Echoed comments by Council on tragedy in Arizona and believe that it was marked by economic tension throughout the Nation; • Thanked executive management staff for leadership, planning and building agency for tonight's presentation, public works for street improvement project, safety personnel, and neighborhood associations for partnership with the City; and • Adjourned in memory of Ruby Lynn Sanchez. ADJOURNED,- 7:40 P.M. - The next meeting of the City Council is scheduled for Monday, February 7, 2011 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. In Memory of Ruby Lynn Sanchez Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 14 JANUARY 18, 2011 1 0A-14