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Home My WebLink About2006-09-18 - MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SANTA ANA, CALIFORNIA SEPTEMBER 18, 2006 CALLED TO ORDER POLICE COMMUNITY ROOM 60 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 6:05 P.M. ATTENDANCE: Councilmembers Present MIGUEL PULIDO, Mayor LISA BIST, Mayor Pro Tem CLAUDIA ALVAREZ CARLOS BUSTAMANTE ALBERTA CHRISTY MIKE GARCIA JOSE SOLORIO STAFF Present: DAVID N. REAM, City Manager BENJAMIN KAUFMAN, Deputy City Attorney PATRICIA E. HEALY, Clerk of the Council - PLEDGE OF ALLEGIANCE MAYOR PULIDO INVOCATION Jerry Hill, Police Chaplain CONSENT CALENDAR Mayor Pulido announced the following modifications to the Consent Calendar: . Mayor Pulido abstained on Item 25.A. due to the proximity of his business to the project site. Motion: Approve staff recommendations on the following Consent Calendar Items. MOTION: Alvarez SECOND: Garcia VOTE: AYES: Alvarez, Bustamante, Bist, Christy, Garcia, Pulido (6) NOES: None (0) ABSTAIN: None (0) - ABSENT: Solorio (1) CITY COUNCIL MINUTES 307 SEPTEMBER 18, 2006 CONSENT CALENDAR 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 Motion: Approve minutes. (Item 10.A. -10.B.) 10A ADJOURNED REGULAR MEETING OF SEPTEMBER 5, 2006 10.B. REGULAR MEETING OF SEPTEMBER 5, 2006 12.A. ABANDONMENT NO. 06-02 TO VACATE PORTIONS OF COLLEGE AVENUE TO MARTHA LANE Motion: 1. Adopt a resolution. RESOLUTION 2006-066 - A resolution of the City Council of the City of Santa Ana declaring its intention to vacate portions of College Avenue, 15th Street and Martha Lane, setting a public hearing thereon, and directing notice thereof to be posted and published (Abandonment No. 06-02) 2. Set a public hearing for October 16, 2006. BOARDS/COMMISSIONS/COMMITTEES 13A VACANCY REPORT - SEPTEMBER 13, 2006 The Vacancy Report reflects only appointments made by the Council. BOARD/COMMISSION Community Redevelopment / Housing Commission Environmental & Transportation Committee Youth Commission - Regular Youth Commission - Alternate TOTAL VACANCIES 1 WARD Tenant 1 5 4 4 10 1,3,5& 6 Mayor, 2, 3, & 6 CITY COUNCIL MINUTES 308 SEPTEMBER 18, 2006 CONSENT CALENDAR Community Redevelopment / Housing Commission Personnel Board TOTAL EXPIRED TERMS 1 WARD BOARD/COMMISSION Mayor 1 2 Mayor 13.8 COUNCIL COMMITTEE REPORTS Committee Name Neighborhood Improvement/Code Enforcement Date 07/31/06 CLERK OF THE COUNCIL POSTING REPORT The following notices were posted pursuant to the Brown Act and the Maddy Act. Council Agendas and Board and Commission resignations are posted on the door of the Council Chambers at 22 Civic Center Plaza and Committee Agendas on the door of City Hall at 20 Civic Center Plaza. Motion: Instruct Clerk to enter postings into the Minutes. (Items 15.A. through 15.H.) Council Meetina Aaendas Meetinq Date Posted Time 15A City Council Agenda 09/05/06 08/31/06 5:30 p.m. 15.B. Revised City Council Agenda 09/05/06 09/01/06 5:05 p.m. 15.C. Adj. Regular Meeting Agenda 09/05/06 09/01/06 5:05 p.m. Council Committee Aaendas Meetinl1 Date Posted Time 15.0. Neighborhood Improvement/ Code Enforcement 08/22/06 08/17/06 10:30 a.m 15.E. Cancellation Notice-Park Development, Recreation Programs and Education Partnerships 09/05/06 08/31/06 5:30 p.m. 15.F. Main Street Development 09/07/06 08/31/06 5:30 p.m. 15.G. Cancellation Notice-Public Safety 09/11/06 09/05/06 1:00 p.m. 15.H. Cancellation Notice Main Street 09/07/06 09/07/06 2:09 p.m. MAYORAL PROCLAMATIONS / CERTIFICATES Motion: Declare and instruct clerk to enter proclamations/certificates into the Minutes. (Items 16.A. through 16.E.) 16A 16.B. 16.C. Honoree Community Care Health Center-Open House Digital Media Center Grand Opening Regional Center of Orange County Development Disability Day Date 9/6/2006 9/6/2006 9/8/2006 CITY COUNCIL MINUTES 309 SEPTEMBER 18, 2006 CONSENT CALENDAR 16.D. 16.E. Newhope Assembly of God 50" Anniversary First Baptist Church September 11th Service of Memory and Thanksgiving 9/10/2006 9/11/2006 MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT - None 19.B. EXCUSED ABSENCES - None 19.C. CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT Motion: Authorize submittal of the Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development. BUDGETARY MATTERS SPECIFICATIONS -PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Requests for Council Action. (Items 22.A. through 22.0.) 22A SPEC. NO. 04-095 - CONCRETE METER BOXES AND LIDS - PUBLIC WORKS AGENCY - Renew the contract with Eisel Enterprises, Inc. for a one-year period in an annual amount not to exceed $11,000 - Finance and Management Services Agency 22.B. SPEC. NO. 05-082 - INMATE BATH TOWELS & LINENS - POLICE DEPARTMENT - Renew the contract with Leslee Scott, Inc. for a one-year period in an amount not to exceed $10,750 - Finance and Management Services Agency 22.C. SPEC. NO. 05-089 - LIBRARY CATALOGING AND PURCHASE OF BOOKS AND MATERIALS - LIBRARY - Renew the contract with Brodart Company for a six-month period in an amount not to exceed $261,305 - Finance and Management Services Agency 22.0. SPEC. NO. 06-008 - STREET SWEEPERS - Amend the contract to Haaker Equipment Company in the amount of $257,583.92 - Finance and Management Services Agency CITY COUNCIL MINUTES 310 SEPTEMBER 18, 2006 CONSENT CALENDAR 22.E. SPEC. NO. 06-009 - POLICE K-9 SEDANS - POLICE DEPARTMENT - Amend the contract with Bros. Dodge Riverside, formerly known as Moss Motors Dodge, in the amount of 54,704.94, for a total amount of $109,409.88 - Finance and Management Services Agency 22.F. SPEC. NO. 06-092 - OVERHEAD DOOR MAINTENANCE - FIRE DEPARTMENT AND COMMUNITY DEVELOPMENT AGENCY - Award a contract to Vortex Industries, Inc. for a two-year period with provision for three, one-year renewals in an annual amount not to exceed $13,428 - Finance and Management Services Agency 22.G. SPEC. NO. 06-108 - FITNESS EQUIPMENT Motion: 1. Reject the bid from Fitness Select as non-responsive to the specification. 2. Award a contract to Advantage Fitness Products for the purchase and installation of exercise equipment in the amount of $10,996 22H. SPEC. NO. 06-119 - GLOCK GUNS - POLICE DEPARTMENT - Award a contract to Proforce Law Enforcement in the amount of $23,712 - Finance and Management Services Agency 22.1. SPEC. NO. 06-128 - REMOTE WATER CHILLERS - PUBLIC WORKS AGENCY - Award a contract to Irvine Pipe & Supply, Inc. in the amount of $15,980 - Finance and Management Services Agency 22.J. SPEC. NO. 06-129 OLYMPUS DIGITAL RECORDERS & ACCESSORIES - POLICE DEPARTMENT Motion: 1. Reject the bid from Troxell Communications as non-responsive to the specification 2. Award a contract to Martell Electronics, Inc. for the purchase of Olympus Digital Recorders and accessories in the amount of $17,103.16 22.K. SPEC. NO. 06-136 - REPLACEMENT POLICE PATROL SEDANS - POLICE DEPARTMENT - Award a contract to Wondries Fleet Group, under the Cooperative Purchase Provision of Los Angeles County, in the amount of $390,708.97 - Finance and Management Services Agency 22.L. SPEC NO. 06-123 - WATERWORKS FITTINGS - PUBLIC WORKS AGENCY - Award contracts for a one-year period, with provision for four, one-year renewals in the annual aggregate amount not to exceed $27,000 with the following vendors: CITY COUNCIL MINUTES 311 SEPTEMBER 1 S, 2006 CONSENT CALENDAR Bidder: Dangelo Company Hughes Supply National Waterworks, Inc. S & J Supply Wells Supply Location: La Habra Rancho Santa Margarita Corona Santa Fe Springs Santa Ana 22.M. SPEC. NO. 06-124 WATERWORKS SUPPLIES - PUBLIC WORKS AGENCY - Award contracts for a one-year period, with provision for four, one-year renewals in the annual aggregate amount not to exceed $37,000 with the following vendors: Bidder: Dangelo Company S & J Supply Location: La Habra Santa Fe Springs Cateqories: A,F B,C,D,E 22.N. SPEC. NO. 06-138 - CALL RECORDING SYSTEM MAINTENANCE _ POLICE DEPARTMENT - Award a contract to Nice Systems for a one- year period, with provision for two, one-year renewals in the annual amount not to exceed $14,000 - Finance and Management Services Agency 22.0. SPEC. NO. 05-084 - TROPHIES, PLAQUES AND AWARDS- POLICE DEPARTMENT, PARKS, RECREATION & COMMUNITY SERVICES AND PERSONNEL AGENCIES - Amend the contract with Players Choice for a two-year period by $15,000 for an annual amount not to exceed $45,000 - Finance and Management Services Agency PROJECTS MAINTENANCE. REHABILITATION. IMPROVEMENT. CONSTRUCTION OR CHANGE ORDERS FOR PUBLIC FACILITIES 23.A. CONTRACT AWARD FOR 2006/2007 OMNIBUS CONCRETE REPLACEMENT CONTRACT (PROJECT 07-1725) Motion: 1. Award a contract to Hardy & Harper, Inc., the lowest responsible bidder, in accordance with unit bid prices in an amount not to exceed $399,450.50 for construction of the 2006/2007 Omnibus Concrete Replacement Contract. 2. Approve a Funding Analysis with a total estimated construction cost of $499,500. CITY COUNCIL MINUTES 312 SEPTEMBER 18, 2006 CONSENT CALENDAR AGREEMENTS Motion: Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements. (Items 25.A. through 25.F.) 25.A AGMT - PROMOTIONS AND MARKETING EFFORTS IN THE DOWNTOWN - With La Calle Cuatro de Santa Ana Association in an amount not to exceed $84,240 - Community Development Agency Continued from the August 21, 2006 and September 5, 2006 Council Meetings at the request of the City Manager. Mayor Pulido abstained on this item. Motion: Continue Item 25.A. for two weeks (October 2, 2006 Council Meeting) per staff's request. 25.B. AGMTS - BRISTOL STREET CORRIDOR (PROJECT 06-1500) - PUBLIC WORKS AGENCY . AGMT NO. 2006-257 - With Hani Tabello for the purchase of the commercial property located at 313 S. Bristol in the amount of $295,000; . AGMT NO. 2006-258 - With Hani Tabello for the purchase of the commercial property located at 317-323 S. Bristol in the amount of $785,000; . AGMT NO. 2006-259 - With Rafael Elizalde for the purchase of the single-family residence located at 518 S. Bristol in the amount of $600,000; . AGMT NO. 2006-260- With Antonio Matias for the purchase of the single-family residence located at 303 S. Bristol in the amount of $570,000 25C AGMT NO. 2006-261 - EMPLOYEE GROUP INSURANCE - Execute renewals -Personnel Services Agency 25.D. AGMT NO. 2006-262 - AUTOMATED PARKING CITATION SYSTEM - Amend the agreement with the Phoenix Group by an additional amount of $125,000 for the current agreement term, and extend the term by an additional one-year period in an additional amount not to exceed $275,000 - Police Department CITY COUNCIL MINUTES 313 SEPTEMBER 18, 2006 CONSENT CALENDAR 25.E. AGMT NO. 2006-263 - LEISURE CLASS INSTRUCTOR - Execute an amendment to the agreement with Salomon Rivera increasing the amount by $15,000 and extending the term six months, for a total agreement amount not to exceed $25,000 - Parks, Recreation & Community Services Agency 25.F. AGMTS - RELOCATION OF THE JOHNSON CHAPEL HISPANIC CENTER(PROJECT181~ . AGMT NO. 2006-264 - Execute an amendment to the relocation agreement with Johnson Chapel; and . AGMT NO. 2006-265 - Execute an amendment to the agreement with Gates Development for an additional $90,344 for a total of $220,000 ... END OF CONSENT CALENDAR ... MATTERS TAKEN OUT OF ORDER - REPORTS AND WORK STUDY SESSION 65.A. & WSA PRESENTATION ON 4TH DISTRICT COURT OF APPEAL IN SANTA ANA - CLIFFORD W. HAM, PRINCIPAL ARCHITECT, OFFICE OF COURT CONSTRUCTION AND MANAGEMENT, DESIGN AND CONSTRUCTION SERVICES UNIT Introduced by City Manager Dave Ream - Clifford Ham and Michael Johnson, Design Principal, Carrier and Johnson, provided an update on developments related to the 4th District Court of Appeals LAND USE MATTERS 31.A. CONDITIONAL USE PERMIT NO. 2006-11, VARIANCE NO., 2006-03, VARIANCE NO. 2006-04 AND VARIANCE NO., 2006-05 - 2303 SOUTH BRISTOL STREET Filed by NewMark Merrill Companies to reduce landscape and parking standards and construct a Starbucks with drive-through services in the General Commercial (C-2) zoning district at 2303 South Bristol Street Recommended action approved by the Planning commission at its August 28, 2006 meeting by a vote of 7-0 Applicant NewMark Merrill Companies CITY COUNCIL MINUTES 314 SEPTEMBER 18, 2006 CONSENT CALENDAR Motion: Receive and file the staff report approving Conditional Use Permit No. 006-11 as conditioned, Variance No. 2006-03 as conditioned, Variance No. 2006-04 as conditioned and Variance No. 2006-05 as conditioned. MOTION: Bist SECOND: Bustamante VOTE: AYES: Alvarez, Bustamante, Bist, Christy, Garcia, Pulido, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) BUSINESS CALENDAR ORDINANCES 50A ADOPT AN ORDINANCE ADDING ARTICLE IX TO CHAPTER 33 OF THE SANTA ANA MUNICIPAL CODE RELATING TO SHOPPING CART CONTAINMENT AND RETRIEVAL Julie Stroud, Lynette Verino, Dave Lopez, Steve McGuigan, Mary Bloom - Ramos, Dave Hoen, and Jose Cabrera addressed Council in support of this ordinance. Jay Trevino, Executive Director, Planning and Building Agency, presented information related to the ordinance summarized as follows: . Noted that the problem is not just grocery carts, but carts from other merchants . Carts are abandoned throughout the City . Once abandoned by commercial patrons, the carts can be picked up by transients or others . The intangible costs of abandoned carts: creation of a negative impression of the City, impression that things are out of control, and impact on ability to attract and maintain residents and businesses in the City . The monetary expense of cart retrieval is currently borne by the City . Potential safety concerns with children, motorists, pedestrians and members of the disabled community . The Neighborhood Improvement and Code Enforcement (NICE) Council Committee review the breadth of the problem at numerous public input sessions CITY COUNCIL MINUTES 315 SEPTEMBER 18, 2006 BUSINESS CALENDAR . NICE reviewed the solution approaches used in other communities, conferred with the Grocers' Association, and met with affected merchants . City Council held a study session on August 21, 2006 and received testimony from both residents and merchants . Merchants generally agree with the scope of the problem, and encouraged regulations that apply equally to all stores within the City . The Council asked staff to prepare a draft ordinance which would require that all carts remain on-site . Draft ordinance contains the following provisions: o Mandates containment o Requires notice to customers o Mandatory community education by merchants o Requires employee training o Shifts burden of retrieval to merchants o Requires confinement of carts during non-business hours o Mandates monthly/annual reports to help gauge effectiveness of containment efforts o Allows City to modify or revoke a merchant's shopping cart control plan o Provides for range of enforcement actions o Establishes fee to help offset City's cost of program administration Motion: Place ordinance as amended on first reading and authorize publication: (ordinance amended to: 1) add in Section 33-215 that it shall be unlawful for any person to detach the sign or deface the name or address marked on a sign on a shopping cart, and 2) strike Section 33.220 (c) relating to carts abandoned on public property for longer than three business days) ORDINANCE - An ordinance of the City Council of the City of Santa Ana adding Article IX to Chapter 33 of the Santa Ana Municipal Code relating to shopping cart containment and retrieval MOTION: Bist SECOND: Christy / Bustamante VOTE: AYES; Alvarez, Bustamante, Bist, Christy, Garcia, Pulido, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCil MINUTES 316 SEPTEMBER 18, 2006 BUSINESS CALENDAR RESOLUTIONS 55.A. RESOLUTION APPROVING RELOCATION PLAN FOR THE BRISTOL STREET WIDENING PROJECT BETWEEN PINE STREET AND MCFADDEN AVENUE (PROJECT 06-1500) Motion: Adopt a resolution. RESOLUTION NO. 2006-067 - A resolution of the City Council of the City of Santa Ana approving the implementation of the Relocation Plan for the Bristol Street Widening Project, between Pine Street and McFadden Avenue MOTION: Bist SECOND: Alvarez VOTE: AYES: Alvarez, Bustamante, Bist, Christy, Garcia, Pulido, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55.B. RESOLUTION FOR THE ADOPTION OF A POLICY TO ENCOURAGE THE PROCUREMENT OF RECYCLED PRODUCTS Motion: Adopt a resolution. RESOLUTION NO. 2006-068 - A resolution of the City Council of the City of Santa Ana adopting a policy to encourage the procurement of recycled products MOTION: Bist SECOND: Solorio VOTE: AYES: Alvarez, Bustamante, Bist, Christy, Garcia, Pulido, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) JOINT SESSION BETWEEN CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY CITY COUNCIL MINUTES 317 SEPTEMBER 18, 2006 JOINT SESSION 80A APPROVAL OF PROGRAM MANAGEMENT AGREEMENT FOR CITY PROPERTY RENOVATIONS BETWEEN THE CITY OF SANTA ANA AND GRANT GENERAL CONTRACTORS Steve McGuigan expressed cancerns relative to. the prapased agreement Matian: 1. Direct the City Attarney to. prepare and autharize the City Manager and the Clerk af the Cauncil to. execute a Pragram Management Agreement far Santa Ana Auto. Mall Praperty Renavatians with Grant General Cantractars in an amaunt nat to. exceed $260,000. 2. Apprave a Funding Analysis with a tatal estimated canstructian cast af $314,000. 3. Direct the City Attarney to. prepare and autharize the City Manager and the Clerk af the Cauncil to. execute a Caaperative Agreement between the City af Santa Ana and the Cammunity Redevelapment Agency far Agency funding af these public impravements. MOTION: Garcia SECOND: Bustamante VOTE: AYES: Alvarez, Bustamante, Bist, Garcia, Pulido., Saloria (6) NOES: Nane (0) ABSTAIN: Nane (0) ABSENT: Christy (1) COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY MEETING AT 7:32 P.M. COUNCIL RECONVENED AT 7:33 P.M. WITH SAME MEMBERS PRESENT. COUNCIL AGENDA ITEM Pursuant to. Charter Sectian 411, any member af the City Council may place items Qn the City Cauncil Agenda to. be cansidered by the City Cauncil. 85A AMEND CONTRACT AMOUNT WITH TOWNSEND PUBLIC AFFAIRS FOR GOVERNMENT LIAISON SERVICES FOR AN ANNUAL TOTAL NOT TO EXCEED $60,000 (PULIDO) Matian: Direct the City Attarney to. prepare and authorize the City Manager and Clerk af the Cauncil to. execute an amendment to. the agreement. CITY COUNCIL MINUTES 318 SEPTEMBER 18; 2006 COUNCIL AGENDA ITEM MOTION: Pulido SECOND: Garcia VOTE: AYES: Bustamante, Garcia, Pulido, Solorio (4) NOES: Alvarez, Bist, Christy (3) ABSTAIN: None (0) ABSENT: None (0) COMMENTS 90A PUBLIC COMMENTS Steve McGuigan raised several issues relating to code enforcement; Judy Edge raised concerns about the amount of trash in her neighborhood; Thomas A. Gordon raised concerns about the effectiveness of the proposed shopping cart regulations; Lisann Martinez commented on the Redevelopment Consolidated Plan and Desi Reyes supported the Council's action on Item 85A 90.B. CITY COUNCIL COMMENTS Councilmember Bustamante . Asked staff to prepare recommendations regarding an agreement with the County for maintenance of the property on Sunflower and Fiower streets Councilmember Solorio . Asked staff to update the Council on whether the City gets paid back in full for cleaning out debris on the Railroad tracks . Suggested that it was time to update the City's Economic Development strategy and recommended a Work Study session on this matter Mavor Pro Tem Bist . Noted that the Neighborhood Improvement and Code Enforcement Council Committee would be reviewing potential regulations regarding human signs ADJOURNMENT - 8:53 p.m. - To October 2, 2006 at 5:30 p.m., City Hall, Room 831, /:_:~? . ,20 ~;i,~e;: P"~. S,"" Am. C,"om;, ../cctUCC-L-cc.-;/r' ," Patricia E. Healy' " -) Clerk of the Council CITY COUNCIL MINUTES 319 SEPTEMBER 18, 2006