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Home My WebLink About2011-01-04 RegularMINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA CALLED TO ORDER ATTENDANCE PUBLIC COMMENTS - None JANUARY 4, 2011 CLOSED SESSION CITY HALL, 8T" FLOOR, ROOM 831 20 CIVIC CENTER PLAZA SANTA ANA, CA 5:16 P.M. COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO COUNCILMEMBERS Absent: None STAFF Present: DAVID N. REAM, City Manager MARIA D. HUIZAR, Clerk of the Council 1A CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators Employee Organizations: Personnel Services Executive Director, Kathie Gonzalez Santa Ana Police Officer's Association Santa Ana Police Management Association Santa Ana Fire Management Association Santa Ana Management Association Santa Ana Service Employees International Union (SEIU) Full -Time Employees Santa Ana Service Employees International CITY COUNCIL MINUTES 1 JANUARY 4, 2011 Union (SEIU) Part-time Civil Service Santa Ana Service Employees International Union (SEIU) Part-time Employees (less than 20 hours) Unrepresented Employees: All those unrepresented employees whose titles are identified as Executive Management (EM) Agency Negotiator: City Manager David Ream 1 B PUBLIC EMPLOYEE EMPLOYMENT AND APPOINTMENT pursuant to Government Code Section 54957(b)(1) Title: City Attorney CLOSED SESSION REPORT - See Item 19A ADJOURNED THE CLOSED SESSION MEETING AT 6:13 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 2 JANUARY 4, 2011 CALLED TO ORDER REGULAR OPEN SESSION COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:17 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS COUNCILMEMBERS Absent: None STAFF Present: DAVID N. REAM, City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO ROGER ARAGON, POLICE CHAPLAIN EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to: 20 YEARS OF SERVICE * Eric S. Demopoulos, Police Officer, Police Department • Patricia A. Navarro, Police Officer, Police Department • Gail M. Woods, Executive Assistant, City Manager's Office • Kenneth Willard, Correctional Officer, Police Department • Osvaldo Rangel, Public Works Crew Leader, Public Works Agency PROCLAMATION presented by MAYOR PULIDO to Mike Macres in recognition of Macres Florist's 75th Anniversary. CITY COUNCIL MINUTES 3 JANUARY 4, 2011 CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER BUSTAMANTE to the Concert Committee of North Santa Ana Neighborhood (CCNSAN) — Jessica Carr, Diane Farley, Dave Hoen, Nancy Lutz, Debbie Muise, Tom Pataca, Dan Peters, Mel Steiner and Julie Stroud for organizing the Morrison Park Holiday events. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER SARMIENTO to the Nuno Brothers — Raul, Juan and Efrain for their annual Christmas Toy Give -away. CLOSED SESSION REPORT — See item 19A. 1. APPOINTMENT OF INTERIM CITY ATTORNEY MOTION: Appoint Joseph Straka as Interim City Attorney. MOTION: Alvarez SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) PUBLIC COMMENTS • Claudio Gallegos, spoke in opposition to the proposed appointment of Sean Mill to the Planning Commission, read comments into the record. • Mike Tardiff, opposed to appointment of Sean Mill to the Planning Commission. • Jeff Hall, co -owner of Chapter 1 restaurant, spoke in support of Downtown, Inc., representation of the businesses, and potential of downtown lured him to open his second business in the City. • Andy Verostek, has noticed changes in the downtown; supports Downtown Inc. and measures taken to maintain area safe and clean. • Joey Mendes, owner and operator of Proof Bar, urged Council to continue to keep downtown clean and safe, opined that Downtown Inc. has unified businesses. • Bob Stewart, President of Downtown Inc., noted that recent "Day of the Dead" event in downtown was great success; look forward to expanding this and other events; clean and safe a priority and almost half of Downtown Inc.'s budget. • Jay Meehan, debate of Downtown Inc. not new, had eminent domain issue 30 years ago which resulted in muffler shop remaining; urged community to get involved; and thanked Council and staff for support of area. CITY COUNCIL MINUTES 4 JANUARY 4, 2011 • Sean Mill, clarified that he does not have any financial interest or received monetary contribution from anyone in the City that would preclude him from serving on the Planning Commission; misinformation posted on the internet has been corrected. • George Mendoza, owner of Crazy Barbershop, noted cleanliness and security of downtown, important to continue to attract businesses to the downtown area. • Ellen Koldewey, requested periodic review of the City's Code of Ethics and Conduct and suggested formation of Committee to review Code. Also, asked Council to defer appointment of board /commission members to allow for open nomination period. (Councilmember Sarmiento requested that the Task Force convene to discuss Code of Ethics and Conduct.) • Ryan Chase, noted improvements in downtown over the past five years; change in shoppers have caused shift in vision to keep area competitive, relevant and progressive. • Dave Leon, co -owner of Yost Theater, supports Downtown Inc. and endeavors to keep downtown safe and clean. • Dennis Lluy, co -owner of Yost Theater, supports Downtown Inc. and marketing initiatives. • Alfonso Calderon, representing Taqueria Guadalajara, supports vision of Downtown Inc. • Iry Chase, read into the record written comments (entered into the record and attached hereto); support Downtown Inc. • David Hastie, owner of Memphis restaurant, spoke in support of PBID, services provided with funds to keep area safe and clean. • Jose Romo, supports PBID and efforts to improve marketing and promotion of events; organization offers workshops on various topics that help businesses. • Roy Alvarado, wished all a Happy New Year; asked for City vision. • James Kendrick, opined that vision is to have downtown Santa Ana be a destination point for people from all over the country. • Nathan Hittle, opined that Downtown Inc. has improved safety and cleanliness of area, offer trolley, palm tree lighting during holidays, attracted new businesses, and have close working relationships with the police department. • Kiy Samson, representing Starbucks, spoke on need for security after -hours and indicated that Downtown Inc. has been instrumental in giving such businesses a voice. Council members unanimously expressed support of the Downtown Inc. and asked Interim City Attorney to review legality of petition recently received requesting the disestablishment of PBID /CMFD. CONSENT CALENDAR MOTION: Approve Consent Calendar Items 10A through 39C with the following modifications: Mayor Pro Tern Alvarez voted "No" on Item 19C; Councilmember Sarmiento pulled Item 25J for separate discussion; CITY COUNCIL MINUTES 5 JANUARY 4, 2011 • Councilmember Martinez pulled Item 25G for separate discussion; and • Councilmembers Bustamante and Benavides voted "No" on Item 1361 (appointment of Sean Mill). MOTION: Alvarez SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) ADMINISTRATIVE MATTERS MINUTES 10A SPECIAL MEETING MINUTES OF DECEMBER 14, 2010 - Clerk of the Council Office MOTION: Approve Minutes. 10B SPECIAL CLOSED SESSION MEETING MINUTES OF DECEMBER 15, 2010 - Clerk of the Council Office MOTION: Approve Minutes. 10C REGULAR MEETING MINUTES OF DECEMBER 20, 2010 - Clerk of the Council Office MOTION: Approve Minutes. BOARDS / COMMISSIONS / COMMITTEES 13A COUNCIL RE- APPOINTMENT TO THE ORANGE COUNTY WATER DISTRICT — City Manager's Office MOTION: Reappoint Mayor Pro Tern Claudia Alvarez as the City of Santa Ana Representative to the Orange County Water District. CITY COUNCIL MINUTES 6 JANUARY 4, 2011 MOTION: Appoint *. Residing Name Board /Commission Ward 1. Sean Mill (replaces Walters, M.)* Planning Commission 6 2. Michael Walters* Community Redevelopment 3 *(replaces Plascencia, E.) and Housing Commission *Councilmembers Benavides and Bustamante voted "No" on Item 138.1. 13C NOMINATED BY COUNCILMEMBER TINAJERO AS THE WARD 6 REPRESENTATIVES FOR A FULL TERM EXPIRING DECEMBER 9, 2014 — Clerk of the Council MOTION: Reappoint. Residinq Name Board /Commission Ward 1. Jonathan Espinoza Youth Commission (Regular) 6 2. Joe Ramirez Personnel Board 5 MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT MOTION: Appoint Joseph Straka as Interim City Attorney. *Vote taken prior to Public Comments and under Closed Session Report. 19B EXCUSED ABSENCES — None 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 Tern Alvarez voted "No" on Item 19C. CITY COUNCIL MINUTES 7 JANUARY 4, 2011 19D REQUEST FOR PROPOSALS FOR STRUCTURAL PLAN CHECK SERVICES - 1001 NORTH BROADWAY - Planning and Building Agency MOTION: Receive and file. 19E REQUEST FOR PROPOSALS FOR ON -CALL SERVICES TO SUPPORT THE NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM ( NPDES) STORMWATER PROGRAM - Public Works Agency MOTION: Authorize the Public Works Agency to send a Request for Proposals to qualified consulting firms to provide on -call services for support of the NPDES Stormwater Program. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A WORKFORCE INVESTMENT ACT CALIFORNIA NEW START GRANT - Community Development Agency MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2011 -115 - Recognizing $68,419 in Workforce Investment Act funds awarded to the Santa Ana WORK Center by the State of California Employment Development Department for a Prison -to- Employment Program. 20B 2010 RECOVERY ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT - Police Department MOTION: 1. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2011 -114 - Recognizing the 2010 Recovery Act Edward Byrne Memorial Justice Assistance Grant in the amount of $166,778 into the revenue account and appropriate same into the 2010 Recovery Act Edward Byrne Memorial Justice Assistance Grant Expenditure account. 2. Authorize the City Manager, Chief of Police, and the Clerk of the Council to execute an agreement. CITY COUNCIL MINUTES 8 JANUARY 4, 2011 AGMT NO. 2011 -001 — With the County of Orange, Sheriff's Department to transfer the 2010 Recovery Act Edward Byrne Memorial Justice Assistance Grant Program funds in the amount of $166,778. 20C DONATIONS TO POLICE DEPARTMENT TO PURCHASE REPLACEMENT CANINES - Police Department MOTION: 1. Authorize the acceptance of donations in the amount of $2,250 from various business groups and community members, to be used by the Police Department K -9 Unit to assist in the purchase of new Police Dogs. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2011 -113 - Recognizing the donation in the amount of $2,250 into the Police Special Revenue Fund, Gifts and Donations revenue account and appropriate same into the Police Department K -9 Program expenditure account. 20D TARGET STORES DONATION TO HELP IN OUTFITTING A FORENSICS RESPONSE VEHICLE - Police Department MOTION: 1. Authorize the acceptance of a donation in the amount of $1,000 from the Target Stores, to be used by the Police Department Crime lab to assist in the outfitting of a Forensics Response vehicle. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2011 -113 - Recognizing the donation in the amount of $1,000 into the Police Special Revenue Fund, Gifts and Donations revenue account and appropriate same into the Police Special Revenue Fund, Operating Materials and Supplies expenditure account. SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES MOTION: Award in accordance with Request for Council Action. (Items 22A through 22H) CITY COUNCIL MINUTES 9 JANUARY 4, 2011 22A SPEC. NO. 10 -053 - CELLULAR PHONES, ACCESSORIES, AND AIRTIME SERVICE - Award contracts for a three -year period in an annual aggregate amount not to exceed $315,000 with Sprint Nextel and Verizon - Finance & Management Services 22B SPEC. NO. 09 -009 - AUTOMOTIVE PARTS - Renew the contract with Orange County Auto Parts for a one -year period in an annual amount not to exceed $50,000 - Finance & Management Services 22C SPEC. NO. 06 -064 - ELECTRICAL SERVICES - Renew the contract with Williams & Maher, Inc. in an annual amount not to exceed $150,000 - Finance & Management Services 22D SPEC. NO. 08 -074 - LEASED /RENTAL VEHICLES - Renew a contract with Enterprise Fleet Services for a two -year period in the annual amount not to exceed $150,000 (Police Department) - Finance & Management Services 22E SPEC. NO. 10 -055 - SANTA ANA ZOO SIGNAGE - Award a contract to iZone in the amount not to exceed $28,000 (Parks, Recreation & Community Services Agency) - Finance & Management Services 22F SPEC. NO. 10 -052 - OFFICE SUPPLIES - Award a contract to Office Depot for a one -year period, with provision for four one -year renewals, in an annual amount not to exceed $250,000 - Finance & Management Services 22G SPEC. NO. 10 -048 - ANNUAL SIDEWALK MAINTENANCE - Award a contract to Central Coast Surface Grinding, Inc. in an annual amount not to exceed $150,000 (Public Works Agency) - Finance & Management Services 22H SPEC. NO. 10 -054 - FIREFIGHTER TURNOUT COATS & PANTS - Award a contract to Fisher Scientific Company LLC for a two -year period, under the Cooperative Purchase Provision of the City of Sacramento, for the purchase of firefighter turnout coats and pants in an annual amount not to exceed $23,375 and increase the aggregate limit for miscellaneous equipment and supplies in an amount not to exceed $25,000 annually (Fire Department) - Finance & Management Services CITY COUNCIL MINUTES 10 JANUARY 4, 2011 PROJECTS /CHANGE ORDERS 23A CONTRACT AWARD FOR FIRST STREET REHABILITATION BETWEEN GRAND AVENUE AND 1 -5 (PROJECT NO. 116735) - Public Works Agency Continued from the December 20, 2010 City Council meeting per staff request. MOTION: 1. Relieve United Paving Company of their bid in the amount of $944,436.50. 2. Award a contract to Bannaoun Engineers Constructors Corporation, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $1,005,870.50 for construction of First Street Rehabilitation between Grand Avenue and 1 -5. 3. Approve a funding analysis with a total estimated construction cost of $1,257,079. 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 25J) 25A AMENDMENTS TO HOMELESSNESS PREVENTION AND RAPID RE- HOUSING PROGRAM - Community Development Agency 1. Execute the following agreements: • AGMT NO. 2011 -002 - With Mercy House in the amount of $108,000; • AGMT NO. 2011 -003 - With Interval House in the amount of $108,000; • AGMT NO. 2011 -004 - With Aids Services Foundation decreasing the grant in the amount of $73,000 for a total amount of $97,000; • AGMT NO. 2011 -05 - With WISE Place decreasing the grant in the amount of $40,000 for a total amount of $105,000; • AGMT NO. 2011 -006 - With Olive Crest decreasing the grant in the amount of $103,000 for a total amount of $365,444 CITY COUNCIL MINUTES 11 JANUARY 4, 2011 2. Authorize the City Manager to execute future amendments to the scope of services, change in funding amount, or milestone dates with Homelessness Prevention and Rapid Re- Housing (HPRP) sub - recipients. 25B AGMT NOS. 2011 -007 & 2011 -008 - ENTREPRENEURIAL TRAINING PROVIDERS FUNDED THROUGH THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (ARRA) - Execute amendments with Goodwill Industries of Orange County and Delhi Center - Community Development Agency 25C AGMT NO. 2011 -009 - DATA CENTER MAINTENANCE & SUPPORT SERVICES - Execute an amendment with Systems Maintenance Services, to exercise an option for the second one -year extension in an amount not to exceed $150,000 per year - Finance & Management Services 25D AGMT NO. 2011 -010 - VOLUME LICENSING FOR MICROSOFT SOFTWARE AND PRODUCTS - Execute an amendment to the Enterprise Licensing Agreement with CompuCom, Inc., to extend the term for an additional three -year period in an annual amount of $432,000 - Finance & Management Services R Wit j 25E AGMT NOS. 2011 -011 & 2-@8t 012 - POWER SWEEPING, STEAM CLEANING AND PRESSURE WASHING SERVICES AT THE SANTA ANA REGIONAL TRANSPORTATION CENTER - Execute two (2) one -year maintenance service agreements with RueVac Property Services with three one -year extension options for each agreement - Public Works Agency 25F AGMT NO. 2011 -013 - TAXI SERVICES AT THE SANTA ANA REGIONAL TRANSPORTATION CENTER - Execute a two -year agreement with A White & Yellow Cab Inc. with three one -year extension options - Public Works Agency Councilmember Martinez requested a continue to allow staff to find out if contractor will be using a local design team. Also, asked staff to review local vendor preference policy. MOTION: Continue to the January 18, 2011 Council Meeting. MOTION: Martinez SECOND: Alvarez CITY COUNCIL MINUTES 12 JANUARY 4, 2011 VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 25H PURCHASE AND SETTLEMENT AGREEMENTS FOR BRISTOL STREET CORRIDOR (PROJECT NO. 081700) — Public Works Agency - Execute agreements with the following: ■ AGMT NO. 2011 -014 - Jonathan & Delia Silva, for the purchase of the property located at 918 North Bristol Street in the amount of $792,000; ■ AGMT NO. 2011 -015 - Oro Corporation dba Silva & Silva Enterprises for acquisition settlement for the business at 918 North Bristol in the amount of $228,000; ■ AGMT NO. 2011 -016 - NCADD -OC (National Council on Alcoholism & Drug Dependence, Inc.) for acquisition settlement for the business located at 1631 North Bristol Street in the amount of $26,040 251 AGMT NO. 2011 -017 - JANITORIAL MAINTENANCE SERVICES - Execute an amendment with Able Building Maintenance Company in an annual not to exceed amount of $356,237 - Police Department 25�1r" GfITI lNl i UAEFii!� I'u enc H, „s_ 9 , , Continued from the December 20, 2010 City Council meeting by a vote of 6- 0 (Sarmiento absent) Councilmember Sarmiento requested a continuance of current contract for 30 days and continue matter for 15 days. MOTION: Approve a 30 day extension of current contract and continue matter for 15 days (January 18, 2011 Council Meeting). MOTION: Sarmiento SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) CITY COUNCIL MINUTES 13 JANUARY 4, 2011 NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) LAND USE MATTERS CONDITIONAL USE PERM ITNARIANCES 31A CONDITIONAL USE PERMIT NO. 2010 -23 TO ALLOW A 60 -FOOT HIGH WIRELESS FACILITY AT 620 WEST WARNER AVENUE - APPLICANT — TRILLIUM CONSULTING INC. — Planning and Building Agency Recommended action approved by the Planning Commission on December 13, 2010, by a vote of 6 -0 (Turner absent). MOTION: Receive and file the staff report approving Conditional use Permit No. 2010 -23 as conditioned. MISCELLANEOUS — LAND USE 39A DENSITY BONUS APPLICATION NO. 2010 -02, TO ALLOW A FIVE -UNIT RESIDENTIAL DEVELOPMENT AT 2034 AND 2038 NORTH BUSH STREET — APPLICANT: ORANGE HOUSING DEVELOPMENT CORPORATION AND C & C DEVELOPMENT - Planning and Building Agency Recommended action approved by the Planning Commission on December 13, 2010 by a vote of 4 -2 -0 (Acosta and Walter opposed; Turner absent) MOTION: 1. Receive and file the staff report approving Density Bonus Application No. 2010 -02. 2. AGMT NO. 2011 -018 - Authorize the City Manager and Clerk of the Council to execute a Density Bonus agreement with Santa Ana WBBB, L.P., subject to non - substantive changes approved by the City Manager and City Attorney for the development of five affordable rental units. CITY COUNCIL MINUTES 14 JANUARY 4, 2011 39B DENSITY BONUS APPLICATION NO. 2010 -03 AND SITE PLAN REVIEW NO. 2010 -02, TO ALLOW A FIVE -UNIT RESIDENTIAL DEVELOPMENT AT 217 AND 219 SOUTH BIRCH STREET — APPLICANT: ORANGE HOUSING DEVELOPMENT CORPORATION AND C & C DEVELOPMENT - Planning and Building Agency Recommended action approved by the Planning Commission on December 13, 2010 by a vote of 4 -2 -0 (Acosta and Walter opposed; Turner absent). MOTION: 1. Receive and file the staff report approving Density Bonus Application No. 2010 -03 and Site Plan Review No. 2010 -02 as conditioned. 2. AGMT NO. 2011 -019 - Authorize the City Manager and Clerk of the Council to execute a Density Bonus agreement with Santa Ana WBBB, L.P., subject to non - substantive changes approved by the City Manager and the City Attorney for the development of an affordable for sale unit. 39C DENSITY BONUS APPLICATION NO. 2010 -04 AND SITE PLAN REVIEW NO. 2010 -03, TO ALLOW A FIVE -UNIT RESIDENTIAL DEVELOPMENT AT 435 AND 437 SOUTH BIRCH STREET —APPLICANT: ORANGE HOUSING DEVELOPMENT CORPORATION AND C & C DEVELOPMENT - Planning and Building Agency Recommended action approved by the Planning Commission on December 13, 2010 by a vote of 4 -2 -0 (Acosta and Walter opposed; Turner absent) MOTION: 1. Receive and file the staff report approving Density Bonus Application No. 2010 -04 and Site Plan Review No. 2010 -03 as conditioned. 2. AGMT NO. 2011 -020 - Authorize the City Manager and Clerk of the Council to execute a Density Bonus agreement with Santa Ana WBBB, L.P., subject to non - substantive changes approved by the City Manager and the City Attorney for the development of an affordable for sale unit. * *END OF CONSENT CALENDAR ** CITY COUNCIL MINUTES 15 JANUARY 4, 2011 BUSINESS CALENDAR RESOLUTIONS 55A AMENDMENT TO MANAGEMENT CLASSIFICATION AND COMPENSATION PLAN; AGREEMENT WITH SANTA ANA MANAGEMENT ASSOCIATION - Personnel Services Agency Councilmember Tinajero amended section 2 of the motion as noted below. Noted that proposed motion not intended to create a contractual obligation with EMT and does not create a "me -too clause" to any of the City's bargaining units. Mayor Pro Tern Alvarez and Councilmember Martinez voted "No" on item 2, but expressed continued support and appreciation of the Executive Management staff. MOTION: MOTION: Tinajero SECOND: Bustamante 1. Authorize the City Manager and Clerk of the Council to execute an agreement. AGMT NO. 2011 -021 - With the Santa Ana Management Association (SAMA) regarding wages and other terms and conditions of employment. VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 2. Adopt a resolution as amended (provide parity with SAMA for 2011- 2012 related to 3% increase — no other increases, no cash out, and reduce medical retirement subsidy plan deposit from 1.75% to 1 %). RESOLUTION NO. 2011 -001 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 91 -066 TO AMEND THE BASIC COMPENSATION PLAN FOR CERTAIN CLASSIFICATIONS OF EMPLOYMENT DESIGNATED AS UNREPRESENTED EXECUTIVE MANAGEMENT. VOTE: AYES: Benavides, Bustamante, Pulido, Sarmiento, Tinajero (5) CITY COUNCIL MINUTES 16 JANUARY 4, 2011 NOES: ABSTAIN: ABSENT: THE CITY COUNCIL RECESSED REDEVELOPMENT AGENCY MEETING SAME MEMBERS PRESENT. COUNCIL AGENDA ITEMS Alvarez, Martinez (2) None (0) None (0) AT 8:50 P.M. TO THE COMMUNITY AND RECONVENED AT 8:50 P.M. WITH Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. 85A POLICY ON EXPENSES OVER $25K (Mayor Pro Tern Alvarez) Continued from the November 15, 2010 City Council Meeting by a vote of 7- 0; and continued from the December 6, 2010 Council Meeting at the request of Mayor Pro Tern Alvarez. Mayor Pro Tern Alvarez requested that the City Attorney's Office provide a list of contracts exceeding the $25,000 limit and include selection process used. Also, Community Development Agency to provide detailed information on open contract with Kayser - Marsten; Neighborhood Stabilization Program; loan agreements in excess of $25,000, process used for selection, name of selection committee, and criteria used. Mayor Pro Tem Alvarez asked for further continuance to review information and make any changes to the policy, if needed. THE CITY COUNCIL RECESSED AT 8:53 P.M. TO THE HOUSING AUTHORITY MEETING AND RECONVENED AT 8:53 P.M. WITH SAME MEMBERS PRESENT. COMMENTS 90A CITY MANAGER'S COMMENTS - None CITY COUNCIL MINUTES 17 JANUARY 4, 2011 90B CITY COLINCILMEMBER COMMENTS Councilmember Sarmiento: • Wished all a Happy New Year. Councilmember Bustamante: • Echoed Councilmember Sarmiento's comment. Councilmember Martinez: • Happy New Year to all; • Noted that Harbor Blvd. Specific Plan requires community input; • Volunteer opportunity at Santiago Park for a Mural Painting will be held on Saturday, January 15th; and • Commented on Agenda Item 55A and said that executive managers critical to the organization, but an increase not appropriate at this time. Councilmember Tinajero: • Happy New Year; and • Indicated that Councilmember Martinez had been struck by a car while riding her bicycle; urged all to be careful. Councilmember Benavides: • Clarified for the record that he voted "No" only on item 13B.1; • Share vision with Downtown Inc.; request staff identify funds in Redevelopment for comprehensive branding initiative for downtown and South Main Street Merchants; • Invited all to attend the monthly Artist Village open house on Saturday, January 8th at 7 p.m.; and • Wished all a Happy New Year. Mayor Pro Tern Alvarez: • Thanked all who donated toys and requested formal recognition to Northgate Market for their efforts in making program a success; and • Wished all a Happy New Year. Mayor Pulido: • Happy New Year; • Adjourned in memory of Steve Guttman, Deputy Building Official for the City of Santa Ana and read the following into the record: One of his employees said earlier today that if you asked Steve Gutmann how to spell "NO" that Steve would spell "WE WILL FIND A WAY." Steve was the recipient of numerous awards for distinguished service on behalf of the City of Santa Ana. In fact, he served on prestigious national committees that helped to create the latest building codes. The Gutmann Family legacy in Santa Ana spans two generations. Steve's father Leonard Gutmann also worked for the City in the 1970s and 1980s. He too was beloved in the City family. Shortly before his passing Steve told CITY COUNCIL MINUTES 18 JANUARY 4, 2011 his wife that he wanted to keep fighting so that he could return to work. Upon hearing this story, our City Manager Dave Ream - remarked that Steve's never - ending commitment to the City was "OLD SCHOOL." Steve leaves behind an adoring family, including his: wife, Gayle; son, Steven; daughter, Dayna; mother, Blanche; brother, Eric. The entire City family, and particularly the Planning & Building Agency, mourn today with the Gutmann Family and we adjourn this meeting in Steve's memory. ADJOURNED- 9:09 P.M. - The next meeting of the City Council is scheduled for Tuesday, January 18, 2011 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting in the Police Community Room, 60 Civic Center Plaza, Santa Ana, California. In Memory of Steven James Gutmann Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 19 JANUARY 4, 2011 Entered into the record by Mayor Pulido. Statement read by Iry Chase during Public Comments. Honorable Mayor, Mayor Pro Tern and City Council Members: You —The City Council —have been approached by a small group of unhappy property owners who want to terminate Downtown's newly formed business improvement district. The reasons for their unhappiness vary. Some of these property owners cannot afford to pay the BID assessment, others are philosophically opposed to government taxation, some object to paying for services that they believe that the City government should provide, a number of them want Downtown's merchants to cater to only "poor Mexicans and not white people ", some are angry because they are not BID decision - makers, while some even blame the BID for _their own failure to recognize change and some do not like how the assessment dollars are being spent. All have two things in common. All are short sighted and narcissistic. Worst, none have any idea what economic devastation will befall Downtown Santa Ana should our current efforts to diversify Downtown's customer fail. If, we fail in our efforts to broaden Downtown Santa Ana's customer, Downtown Santa Ana will suffer huge office and store vacancies, massive property devaluation, unemployment, unchecked vandalism and serious crime like so many other American downtowns. Never in Downtown Santa Ana's long history has a business improvement district been more important to Downtown economic health, in particular and the City's wellbeing, in general. Downtown's retail transition is so significant and fundamental that it must be managed. Downtown Incorporated is the entity that is guiding Downtown's property owners, business operators, merchants and residents in this transition. Without Downtown Incorporated's inspiration, coordination, clean and safe agenda, advertising, promotion, merchant educational programming and retail and business outreach all is lostl Many of us— property owners, business owners, merchants and residents —view Downtown Incorporated as the most essential entity in Downtown Santa Ana's continued transition into an eighteen hour -a -day shopping and entertainment venue. Downtown Incorporated's Executive Director and her staff are the most important elements in Downtown's transition. Without their efforts, Downtown's various property owners, businesses, restaurants and merchant's individual revitalization efforts would be uncoordinated and ineffective. In simple terms, Downtown incorporated's staff is managing the process. i r 1 - I,f- _.i I CITY COUNCIL MINUTES 20 JANUARY 4, 2011 I am a proud Downtown Incorporated Director. Please understand that my criticism of the organization is my own. Downtown Incorporated has taken some minor missteps in its short history, This is to be expected with a new organization but the mistakes that have been made by Downtown Incorporated pale in comparison to the harm that Downtown Incorporated's critics have caused. The false accusations, rumor mongering and out - and -out lies have done �3 vs nothing to improver Downtown's business climate while distracting those that are trying to make Downtown a better place, Some of these people are the same individuals who destroyed other Downtown improvement entities like DSABA. They are now at their evil work again. Are you going to allow them to dissolve the BID and destroy Downtown Incorporated? Downtown Incorporated's volunteer leaders have reached out to the unhappy petitioners to address their concerns. The petitioners have no interest in discussion. Their sole goal is the dissolution of the BID which would result in Downtown incorporated's death. Downtown Incorporated death would halt whatever progress has been made to return Downtown Santa Ana to economic success. Downtown Santa Ana — Fourth Street nor Artist Village— cannot afford a Downtown without Downtown Incorporated services. Downtown Incorporated's leadership and the petitioners have agreed to disagree. The BID's future is,in your hands. V, 6,vJ In my opinion and in the opinion of many other property owners, business operators, merchants and residents, the BID's property owner assessments used to fund Downtown Incorporated and it's services are necessary for Downtown and the City's long term economic health. No one likes to spend money unless it is necessary. In this case, it is absolutely necessary. You —The City Council —must decide whether or not you are in league with those individuals who have a long history of complaining, nay saying and destroying or those of us who have even a longer history of investment and participation in making Downtown a better place. The choice is yours. The choice is an easy one. Economic health or the continued slide into further ti r financial ruin! You must deny the petitioners. You must stand in support of those of us who are investing their time and money in making Downtown Santa Ana a "... vibrant shopping, entertainment, business and cultural destination for all" and not those that have proven time and time again that they will use every opportunity to cause mischief and havoc to serve their own narcissistic personalities. The stakes have never been h+g4ver and your decision never more important! CITY COUNCIL MINUTES 21 JANUARY 4, 2011