HomeMy WebLinkAbout2007-08-06 Regular
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
SANTA ANA, CALIFORNIA
AUGUST 6, 2007
CALLED TO ORDER
COUNCIL CHAMBERS
22 CIVIC CENTER PLAZA
SANTA ANA, CALIFORNIA
6:04 P.M.
ATTENDANCE:
COUNCILMEMBERS Present:
MIGUEL PULIDO, Mayor
CLAUDIA ALVAREZ, Mayor Pro Tem
P. DAVID BENAVIDES
CARLOS BUSTAMANTE
MICHELE MARTINEZ
VINCENT F. SARMIENTO
SAL TINAJERO
STAFF Present:
CATHY STANDIFORD, Assistant City
Manager
JOSEPH W. FLETCHER, City Attorney
PATRICIA E. HEALY, Clerk of the Council
PLEDGE OF ALLEGIANCE
Mayor Pulido
INVOCATION
Gary Tucker, Police Chaplain
EMPLOYEE SERVICE AWARDS
MAYOR PULIDO
20 YEARS OF SERVICE
Luisa Mendoza
Police Officer, Police Department
Police Officer, Police Department
Police Officer, Police Department
Police Sergeant, Police Department
Police Officer, Police Department
Maintenance Worker II, Public Works
Agency
Senior Personnel Services Specialist,
Personnel Services
Police Sergeant, Police Department
Stephen A. Ahearn
Jesus G. De La Barcena
James F. Geist
Ronald C. Grace
Boudewijn G. Herter
Jose L. Martinez
Theron D. Reed
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PRESENTATIONS
CERTIFICATE OF RECOGNITION presented by MAYOR PULIDO recognizing National
Marrow Donor Program Celebrating its "25,000+ Transplants"
CERTIFICATE OF RECOGNITION presented by MAYOR PULIDO to Bonert's Slice of
Pie recognizing their 2007 Blue Ribbon Pie Awards from the American Pie Council
CERTIFICATE OF RECOGNITION presented by MAYOR PRO TEM ALVAREZ to
Orange County Probation Department recognizing their commitment and contributions
towards providing a safe environment for the families of Orange County
CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER BENAVIDES
recognizing Ronny Rios as a 2008 Beijing Olympic hopeful along with Hector Lopez and
Andres Olivares for their coaching of Ronny Rios
CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER BENAVIDES
recognizing KidWorks for its annual summer carnival
CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER BUSTAMANTE
to -Jorge and Elsie Robles recognizing their dedicated service to the community and the
Northwest Little League
PROCLAMATION presented by COUNCILMEMBER SARMIENTO proclaiming August
6th as Bolivian Independence Day
-Not present
CONSENT CALENDAR
Mayor Pulido announced the following modifications to the Consent Calendar:
. Addition of Closed Session Report
. Item 25.A. pulled for separate discussion due to a request to speak from a
member of the public
. Item 25.E. pulled for separate discussion to allow staff to present an update
on th is matter
Motion: Approve staff recommendations on the following Consent Calendar
items.
ADMINISTRATIVE MATTERS
MOTION: Alvarez
SECOND: Tinajero
VOTE:
AYES:
Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
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CONSENT CALENDAR
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.
MINUTES
Motion:
Approve minutes. (Item 10.A. - 10.B.)
10.A.
10.B.
REGULAR MEETING MINUTES OF JULY 16, 2007
ADJOURNED REGULAR MEETING MINUTES OF JULY 16, 2007
ORDINANCES/SECOND READING
11.A. AMEND THE GENERAL PLAN OF THE CITY AND CREATE
STANDARDS FOR NON-RESIDENTIAL CONDOMINIUM
DEVELOPMENTS WITHIN CHAPTERS 34 AND 41 OF THE SANTA ANA
MUNICIPAL CODE
Placed on first reading at the July 16, 2007 City Council meeting and
approved by a vote of 6-0 (Benavides absent)
Published in the Orange County Reporter on July 20,2007
Motion:
Place ordinance on second reading and adopt
ORDINANCE NO. NS-2755 - An ordinance of the City Council of the City
of Santa Ana amending Article IX of and adding Article XII to Chapter 34
and adding Article XVIII to Chapter 41 of the Santa Ana Municipal Code
relating to establishment and conversion of commercial and industrial
common interest developments
11.B. ZONING ORDINANCE AMENDMENT NO. 2007-02 TO ALLOW THE
CONVERSION OF THE CALIFORNIA PALMS TO A
TRANSIENT/RESIDENTIAL HOTEL AT 801 AND 901 SOUTH HARBOR
BOULEVARD
Placed on first reading at the July 16, 2007 City Council meeting and
approved by a vote of 6-0 (Benavides absent)
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CONSENT CALENDAR
Published in the Orange County Reporter on July 20, 2007
Motion:
Place ordinance on second reading and adopt
ORDINANCE NO. NS-2756 - An ordinance of the City Council of the City
of Santa Ana approving and adopting a negative declaration for
Environmental Review No. 2004-158 and amending the North Harbor
Specific Plan (SP2) zoning district to allow transient/residential hotel uses
with a Conditional Use Permit (ZOA No. 2007-02)
BOARDS/COMMISSIONS/COMMITTEES
13.A. VACANCY REPORT - AUGUST 1,2007
The Vacancy Report reflects only appointments made by the Council.
Motion:
Receive and file.
BOARD/COMMISSION VACANCIES
Community Redevelopment 1
Housing Commission
Youth Commission - Alternate 2
Youth Commission Associate 6
Youth Commission - Regular 1
Personnel Board 1
WARD
Tenant
3&5
1,3,4,5,6 & Mayor
1
5
TOTAL
11
BOARD/COMMISSION EXPIRED TERMS
WARD
Historic Resources Commission 1
Human Relations Commission 1
Library Board 1
Personnel Board 2
Youth Commission - Alternate 1
6
At Large
Mayor
6 & Mayor
4
TOTAL
6
19.A.
MISCELLANEOUS ADMINISTRATION
CLOSED SESSION REPORT
Motion:
Approve settlements:
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19.B.
19.C.
Motion:
19.0.
Motion:
CONSENT CALENDAR
David Lampman, WCAB Case # AHM 0102371; AHM 124597;
AHM 0134798; Stipulation with request for award at $23,100,00
John Tucker, WCAB Case #: AHM0122347; AHM0044672;
AHM 0054237; AHM 0073620; AHM 0063233; Stipulation with request for
award at $55,384.00
CPS Human Resources Services, Claimant, Claim #2007-074 =
$14,520.33
EXCUSED ABSENCES - None
DESTRUCTION OF OBSOLETE CITY RECORDS
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.
INVESTMENTS REPORT - QUARTERLY REPORT OF INVESTMENTS
AS OF JUNE 30, 2007 - FINANCE & MANAGEMENT SERVICES
AGENCY
Receive and file report.
APPROPRIATION ADJUSTMENTS
20.A. FEMA ASSISTANCE TO FIREFIGHTERS GRANT FY 2006
Motion: 1. Authorize the City Manager to accept the FEMA Assistance to
Firefighters Grant FY 2006 in the amount of $93,948
20.B.
Motion:
2. Approve an appropriation adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 08-002 - Recognizing the FEMA
Assistance to Firefighters Grant FY 2006 funds, a transfer of $23,486 in
required "cash match" and appropriate the same into FEMA Assistance to
Firefighters Grant FY 2006 grant expenditure account
APROPRIATION ADJUSTMENT ACCEPTING ORANGE COUNTY
TRANSPORTATION AUTHORITY FUNDS FOR THE SENIOR MOBILITY
PROGRAM
Approve an appropriation adjustment. (Requires five affirmative
votes)
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CONSENT CALENDAR
APPROPRIATION ADJUSTMENT NO. 08-012 - Accepting $195,276 in
the Orange County Transportation Authority Senior Mobility Program
revenue accounts and appropriate funds to the Senior Mobility Program
expenditure accounts.
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
Motion:
Award in accordance with Requests for Council Action. (22.A. -
22.F.)
22.A.
SPEC. NO. 05-066 - ASPHALT CONCRETE MATERIALS - PUBLIC
WORKS AGENCY - Renew the contract with Vulcan Materials Co. for a
one-year period in an amount not to exceed $90,000 - Finance &
Management Services Agency
22.B.
SPEC. NO. 07-041 - TRASH CAN LINERS
Motion: 1. Reject the bids from Green Concept Production, Inc., E Poly Star,
and Unipak Corporation as nonresponsive to the specification.
2. Award a contract to Gale Supply Company for trash can liners for a
one-year period with provision for three, one-year renewals in an
annual amount not to exceed $39,985.
22.C. SPEC. NO. 07-063 - CONSTRUCTION INSTALLATION SIGNS - PUBLIC
WORKS AGENCY - Award a contract to Maneri Sign Company Inc., for a
one-year period, with provision for three one-year renewals in an annual
amount not to exceed $26,700 - Finance & Management Services Agency
22.0. SPEC. NO. 07-064 - TRAFFIC SIGNS AND RELATED HARDWARE -
PUBLIC WORKS AGENCY - Award a contract to Zumar Industries, Inc.,
for a one-year period, with provision for three, one-year renewals in the
annual amount not to exceed $93,225 - Finance & Management Services
Agency
22.E. SPEC. NO. 07-065 - SELF-CONTAINED BREATHING APPARATUS,
PARTS, AND ACCESSORIES - FIRE DEPARTMENT - Award a contract
to Allstar Fire Equipment, Inc. in the amount of $85,595; and an additional
$15,000 for an annual blanket contract - Finance & Management Services
Agency
22.F. SPEC. NO. 07-066 - POLICE PATROL SEDANS - Renew the contract
with Wondries Fleet Group in the amount of $349,965.07 - Finance &
Management Services Agency
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CONSENT CALENDAR
PROJECTS MAINTENANCE. REHABILITATION. IMPROVEMENT,
CONSTRUCTION OR CHANGE ORDERS FOR PUBLIC FACILITIES
23.A. CONTRACT AWARD FOR CORPORATE YARD NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM IMPROVEMENTS
(PROJECT NO. 07-6006)
Motion: 1. Award a contract to Fleming Environmental, Inc., the lowest
responsible bidder, in accordance with unit bid prices in the
estimated amount of $465,849 for construction of Corporate Yard
National Pollutant Discharge Elimination System Improvements.
2. Approve a funding Analysis with a total estimated construction cost
of $605,400.
BUDGETARY MATTERS
AGREEMENTS
Motion:
Direct the City Attorney to prepare and authorize the City Manager
and Clerk of the Council to execute agreements. (Items 25.B. - 25.D.)
25.A.
AGMT NO. 2007-183 - ANIMAL SHELTER SERVICES - With the County
of Orange in an annual amount not to exceed $635,071 - Police
Department
Gary Boatwright requested to speak on this item, however was not
present when the matter was heard
MOTION: Bustamante
SECOND: Alvarez
VOTE:
AYES:
Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
25.B. AGMT NO. 2007-184 - RIGHT-OF-WAY-SERVICES - Execute an
amendment with California Property Specialists (CPSI) for a total
agreement amount of $1,050,000 - Public Works Agency
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CONSENT CALENDAR
25.C. AGMT NO. 2007-185 - DESIGN ENGINEERING SERVICES FOR THE
SR-55/MACARTHUR BLVD. ON-RAMPS WIDENING (PROJECT 07-
2503) - With PBS&J. in the amount not to exceed $346,000 including a
15% contingency - Public Works Agency
25.D. AGMT NO. 2007-186 - PURCHASE AGREEMENT FOR BRISTOL
STREET CORRIDOR (PROJECT 06-1500) - With Hector Pantoja for the
purchase of the residential property located at 302 S. Bristol in the amount
of $625,000 - Public Works Agency
25.E. AGMT NO. 2007-187 - EVENT MANAGEMENT SERVICES FOR THE
2007 SEPTEMBER FIESTA - With All Access Entertainment -
Community Development Agency
Mayor Pulido declared a conflict of interest on Item 25.E. due to the
proximity of his family business to the proposed September Fiesta site and
left the dais; Mayor Pro Tem Alvarez assumed the Chair.
Councilmember Sarmiento declared a conflict of interest because he
represents the owner of a property in close proximity to the project site,
and left the dais.
Manuel Pena and Sam Romero addressed the Council with concern that
not all the downtown property owners were given sufficient information on
meetings that were held related to the event.
MOTION: Bustamante
SECOND: Martinez
VOTE:
AYES:
Alvarez, Benavides, Bustamante, Martinez,
Tinajero (5)
NOES: None (0)
ABSTAIN: Pulido, Sarmiento (2)
ABSENT: None (0)
**END OF CONSENT CALENDAR**
Mayor Pulido and Councilmember Sarmiento returned to the dais and
Mayor Pulido assumed the Chair.
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BUSINESS CALENDAR
ORDINANCES/FIRST READING
50.A. ORDINANCE PROHIBITING DROP OFF OF UNSOLICITED HANDBILLS
AT A HOME
Sean Mill questioned the need for this ordinance. Councilmember
Tinajero moved that the matter be tabled indefinitely.
Motion:
Table the item indefinitely.
MOTION: Tinajero
SECOND: Martinez
VOTE:
AYES:
Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
RESOLUTIONS
55.A. RESOLUTION TO DEVELOP A YOUTH AND FAMILY MASTER PLAN
Continued from the July 2,2007 City Council Meeting by a vote of 7-0
Motion:
Continue the matter to the August 20, 2007 City Council Meeting.
MOTION: Alvarez
SECOND: Sarmiento
VOTE:
AYES:
Alvarez, Benavides, Bustamante, Pulido,
Sarmiento, Tinajero (6)
NOES: Martinez (1)
ABSTAIN: None (0)
ABSENT: None (0)
55.B. RESOLUTION ADOPTING JOHN WAYNE AIRPORT CORRIDOR CITY
COALITION POSITION STATEMENT
Council discussion ensued. Mayor Pro Tem Alvarez asked that the draft
resolution be amended to delete Section 3 authorizing the Mayor and City
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Staff to take whatever action is necessary to implement the Position
Statement, and further amended to delete Section 4 reaffirming the
commitment to implement all components of the John Wayne Airport
strategy outlined in the General Plan and the Policy.
Motion:
Adopt a resolution.
RESOLUTION NO. 2007- 056 - A resolution of the City Council of the City
of Santa Ana adopting a John Wayne Airport Coalition City Position
statement
MOTION: Bustamante
SECOND: Alvarez
VOTE:
AYES:
Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
55.C SPECIAL MUNICIPAL ELECTION FOR THE SUBMISSION TO THE
VOTERS QUESTIONS ON CHANGES IN THE CITY CHARTER
RELATED TO TERM LIMITS
Robin Cook suggested that the Council place multiple choices regarding
term limits on the ballot including a choice of no term limits; Thomas
Gordon agreed that the voters should have multiple choices; Stanley Fiala
opposed term limits; and, George Estrada spoke in opposition to the
proposal on the agenda
Motion: 1. Adopt a resolution:
RESOLUTION NO. 2007-057 - A resolution of the City Council of the City
of Santa Ana calling for and giving notice of a Special Municipal Election
for submission to the voters of questions relating to the amendment of the
City Charter; requesting the Orange County Board of Supervisors to
consolidate the Special Election with the February 5, 2008 Statewide
Presidential Nominating Election; setting forth the language of ballot titles;
and establishing procedures for submission of ballot arguments regarding
the Charter Amendments.
2. Direct the Clerk of the Council to prepare guidelines for preparation of
arguments for/against the proposed charter amendments, fix the date
for the submission of arguments, and post the notice for the
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BUSINESS CALENDAR
argument process in accrrdance with the provisions of the California
State Elections Code. ~
3. Direct the City Attorney to prepare an impartial analysis for each of
the two charter amendments submitted to the voters.
MOTION: Tinajero
SECOND: Sarmiento
VOTE:
AYES:
Alvarez, Bustamante, Pulido, Sarmiento,
Tinajero (5)
NOES: Benavides, Martinez (2)
ABSTAIN: None (0)
ABSENT: None (0)
PUBLIC HEARINGS
75.A. PUBLIC HEARING - SEWER SYSTEM MANAGEMENT PLAN,
DEVELOPMENT PLAN AND SCHEDULE
Legal Notice published on July 27, 2007 in the Orange County Reporter
Motion:
Adopt the Sewer System Management Plan, Development Plan and
Schedule.
Staff presentation by Jim Ross, Executive Director, Public Works Agency
No written communication
No public speakers; public hearing closed
MOTION: Alvarez
SECOND: Tinajero
VOTE:
AYES:
Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
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JOINT SESSION CRA / CITY COUNCIL
COUNCIL RECESSED TO A JOINT SESSION BETWEEN CITY COUNCIL AND
COMMUNITY REDEVELOPMENT AGENCY AT 7:44 P.M.
80.A. CONTRACT AWARD TO PREPARE THE GENERAL PLAN HOUSING
ELEMENT UPDATE AND COOPERATIVE AGREEMENT
Motion: 1. Direct the City Attorney to prepare and authorize the City Manager
and the Clerk of the Council to execute a contract with The Planning
Center to prepare the General Plan Housing Element in an amount
not to exceed $227,670.
2. Direct the City Attorney to prepare and authorize the City Manager
and the Clerk of the Council to execute a Cooperative Agreement
with the Community Redevelopment Agency of the City of Santa Ana
(Agency) to use $25,000 of Agency funds on the General Plan
Housing Element.
MOTION: Sarmiento
SECOND: Alvarez
VOTE:
AYES:
Alvarez, Benavides, Bustamante Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
80.B. JOINT PUBLIC HEARING - PROPOSED SALE OF REAL PROPERTY
AND ESCROW INSTRUCTIONS BETWEEN THE COMMUNITY
REDEVELOPMENT AGENCY AND MARTIN INVESTMENT COMPANY
FOR PROPERTY IN THE MERGED REDEVELOPMENT PROJECT
AREA
Legal Notice published in the O.C. Reporter July 23 and 30, 2007.
Staff presentation by Steve Harding, Executive Director, Community
Development Agency
No written communication
No public speakers; public hearing closed
Motion:
Adopt a resolution.
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JOINT SESSION CRA / CITY COUNCIL
RESOLUTION NO. 2007-058 - A resolution of the City of Santa Ana
approving the sale of agency owned property generally located in the 1300
block of South Ritchey Avenue, Santa Ana, California; and making certain
findings with respect thereto, on behalf of the City
MOTION: Tinajero
SECOND: Benavides
VOTE:
AYES:
Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY
MEETING AT 7:46 P.M. FOLLOWED BY THE HOUSING AUTHORITY MEETING
COMMENTS
90.A. PUBLIC COMMENTS
Gary Boatwright spoke against the "barking dog" ordinance; Eric Gregory
noted that he wanted to support the unsolicited handbill ordinance which
was tabled.
Alex Vega, Stanley Fiala and Lisann Martinez brought up general matters
within the City's jurisdiction.
Roy Alvarado raised concerns about activities occurring on property
between Bewley and Figueroa streets.
George Estrada spoke against providing services to immigrants who are
illegally in the country; Carlos Castenada spoke in support of immigrant
rights.
90.B. CITY COUNCIL COMMENTS
Councilmember Tinaiero
. Announced that the Pop Warner Football leagues started the season
this week at Lillie King and Memorial Parks
. Invited everyone to the Zoo on August 7, 2007 for "National Night Out"
an annual event designed to heighten crime and drug prevention
awareness
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COMMENTS
Councilmember Benavides
· Invited residents to the Santa Ana Police Department's 2nd annual
Career Expo on Saturday, August 11, 2007 at the Santa Ana Police
Department from 9:00 a.m. to 2:00 p.m.
· Asked the Council to adjourn in memory of Thomas R. Reyna, father of
Roman Reyna who is a member of the Santa Ana Empowerment Zone
Mavor Pro Tem Alvarez
· Asked residents to reach out to families who have relatives serving our
Country in Iraq
. Announced that Congresswoman Loretta Sanchez will host the 4th
annual Orange County Veterans' Fair at the Garden Grove Elks Lodge
from 9:00 a.m. to 1 :00 p.m. on August 11, 2007
. Noted that at the ribbon cutting ceremony for the opening of the Dunn
Edwards Paint store she was presented with a Tiffany pen which she
would like to present to Human Options to use as a silent auction item
in their next event to raise funds to fight domestic violence
Councilmember Bustamante .
~
. Noted that the ordinance on Item 50A related to unsolicited handbills
which was tabled indefinitely was a simple ordinance which would give
owners the right to sue if someone violated their right to privacy by not
honoring "no soliciting" signage on their property; he further noted that
it was not the City's intent to enforce this ordinance
Council member Martinez
. Announced that she attended the Mayor's Conference in Monterey,
California
. Invited residents to participate in the Madison Park walk-a-thon on
August 11, 2007 starting at 8:30 a.m.
. Invited residents to attend the Morrison Park Concert in the evening on
August 11, 2007
. Invited residents to the Santa Ana Custom Classic Car Show at Santa
Ana High School on August 19, 2007
. Congratulated Ronny Rios on his accomplishments as an Olympic
boxing hopeful
Councilmember Sarmiento
· Noted that the ceremony celebrating the new Main Street Archway was
very successful
. Thanked the Deputy City Manager in the Community Development
Agency and congratulated his staff for receiving a Calhome Program
award which will allow residential rehabilitation loans for City residents;
the City received the maximum amount awarded
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COMMENTS
. Noted that the Rip Ribble Education Center was dedicated at the
Sunset at the Zoo program which was held on August 5, 2007
. Thanked everyone who participated in the two day citizen fair held in
the City
Mavor Pulido
. Announced that there would be a groundbreaking ceremony for a new
Mother's Market near Main Place on August 10, 2007 at 10:00 a.m.
ADJOURNMENT - 8:29 p.m.
Patricia E. Healy
Clerk of the Council
mory of Thomas R. Reyna
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