The URL can be used to link to this page

Home My WebLink About10A - MINUTES - 06-04-2012MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JUNE 4, 2012 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:15 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA C. ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES CARLOS BUSTAMANTE VINCENT F. SARMIENTO COUNCILMEMBERS Absent: MICHELE MARTINEZ SAL TINAJERO STAFF Present: PAUL M. WALTERS, Interim City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS - None COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:15 p.m. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1A CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) Harry Trattner vs City of Santa Ana, ADJ6418235, et al. Jeffrey Talmage vs City of Santa Ana, 10-0249, et al. CITY COUNCIL MINUTES JUNE 4, 2012 1 0A-1 Interinsurance Exchange of the Automobile Club v. City of Santa Ana, Orange County Superior Court Case No. 30-2011-00507700 Friend of the Court Brief in Pack v. Superior Court (City of Long Beach) 1 B CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Ed Raya Employee Organizations: Santa Ana Police Management Association (PMA) CLOSED SESSION REPORT - See Item 19A. for Report. ADJOURNED THE CLOSED SESSION MEETING AT 5:58 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 2 JUNE 4, 2012 1 0A-2 REGULAR OPEN SESSION CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:00 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA C. ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES CARLOS BUSTAMANTE VINCENT F. SARMIENTO COUNCILMEMBERS Absent: MICHELE MARTINEZ SAL TINAJERO PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS STAFF Present: PAUL M. WALTERS, Interim City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO Eric Wakeling, Police Chaplain EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to: 20 YEARS OF SERVICE Lorenzo Carrillo, Lieutenant, Santa Ana Police Department 25 YEARS OF SERVICE Thomas L. Dix, Water Services Quality Coordinator, Public Works Agency 30 YEARS OF SERVICE Yolanda Pena, Police Investigative Specialist, Santa Ana Police Department CERTIFICATE OF RECOGNITION presented by MAYOR MIGUEL PULIDO to Eagle Scout Hayden Hall for having been awarded the Adams National Eagle Scout Service Project of the Year for his Santa Ana Zoo project. CITY COUNCIL MINUTES 3 1 0A-3 JUNE 4, 2012 CERTIFICATE OF RECOGNITION presented by MAYOR MIGUEL PULIDO to John Spiak, Director/Chief Curator of the Grand Central Art Center in recognition of Cal State Fullerton's long standing partnership with the City and promotion of the arts in the Downtown. CERTIFICATES OF RECOGNITION presented by MAYOR PRO TEM CLAUDIA ALVAREZ to the Santa Ana Police Running Teams that participated in the 28th Annual Challenge Cup Baker to Vegas Relay - Mixed Invitational Team: Captain Johanna Perez and Co-Captain Cassandra Hawkins and 1000 Division Team: Captain James Armstrong and Co-Captain Sandy Kim. AGENDA ITEM TAKEN OUT OF ORDER 50A PROPOSED ORDINANCE AND RESOLUTION TO APPOINT CITY MANAGER AND POLICE COMMISSIONER - Personnel Services Agency Members of the City Council congratulated Paul Walters on his appointment. Walters introduced family and thanked the City Council for support. MOTION: 1. Appoint Paul M. Walters as City Manager and approve employment agreement. AGMT NO. 2012-101 - Execute an employment agreement, subject to non-substantive changes, with Paul M. Walters for City Manager service 2. Adopt a resolution. RESOLUTION NO. 2012-017 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPOINTING CITY MANAGER PAUL M. WALTERS AS POLICE COMMISSIONER 3. Place ordinance on first reading and authorize publication of title ORDINANCE NO. NS-2834 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CREATING THE CLASSIFICATION TITLE OF POLICE COMMISSIONER AND DESIGNATING THE CLASSIFICATION AS THAT OF A PEACE OFFICER PURSUANT TO PENAL CODE SECTION 830.6(a)(2) MOTION: Alvarez SECOND: Benavides CITY COUNCIL MINUTES 4 JUNE 4, 2012 1 0A-4 VOTE: AYES: Alvarez, Benavides, Sarmiento (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Tinajero (2) Bustamante, Pulido, CERTIFICATES OF RECOGNITION presented by MAYOR PRO TEM CLAUDIA ALVAREZ to the Segerstrom High School Girls Dance Team - Brenda Alvarado, Lauralee Antiporta, Katrina Arzola, Stephanie Avila, Leslie Blanco, Catherine Carino, Sirenia Chavez, Karina Contreras, Stephanie Cruz, Natali Cruz, Marleen Gomez, Mika Healey, Kimberly Herrera, Clarissa Martin, Amber Morales, Cheyenne Tafoya, Jennifer Urena, Raquel Valencia, Calah Vargas, Reyna Ventura, Coach Jeff Harvey and Dance Director Corrine Duran for winning the Song/Pom Novice Division at the USA Nationals. CERTIFICATES OF RECOGNITION presented by MAYOR PRO TEM CLAUDIA ALVAREZ to Lynne Waterson, Manager of the The Olde Ship British Pub & Restaurant; Joey Mendes, Owner of Proof Bar; Diego Velasco and Dan Bradley, Owners of Memphis at Santora; Davin & Marta Gumm, Owners of the Copper Door and Owner Emily Meyer and Manager Michele Matthias of the Gypsy Den, for their commitment to serving alcohol responsibly. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER DAVID BENAVIDES the 2012 California Teen Challenge winners - Cesar Adame, Elias Aguilar, Jose Arcos, Oscar Diaz, Nayeli Diaz, Edgar Fuentes, Moises Garcia, Catherine Garcia, Victor Gudiel, Marilynn Montano, Pablo Montoya, Stacy Montoya, Ricardo Munoz, Israel Nieto, Julio Quijas, Theresa Rodriguez, Alberto Romero and Stacy Sidon. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER DAVID BENAVIDES to the graduating high school students who were actively involved with TeenSpace - Elias Aguilar, Jose Arcos, Catherine Garcia, Jose Gonzalez, Jonathan Guerrero, Jose Iniquez, Escarlet Mar, Alex Mendez, Marilynn Montano, Pablo Montoya, Stacy Montoya, Javier Morales, Julio Quijas, Theresa Rodriguez and Brandon Sandoval and to the Youth Commission high school graduating students Jonathan Espinoza, Elizabeth Castenanos, and Caleb Torres. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBERS VINCENT SARMIENTO to the Orange County Gay and Lesbian Community Services Center in honor of "Harvey Milk Day" CITY COUNCIL MINUTES 5 JUNE 4, 2012 1 0A-5 CLOSED SESSION REPORT - City Attorney Carvalho announced reportable actions by the City Council and is included under Agenda Item 19A. PUBLIC COMMENTS • Lilia Ramos, resident of Riverview Association and member of SOS Historic Willowick; requested status on proposed Chivas USA negotiations to move to the City. • Mayor Pulido indicated that Memorandum of Understanding with Chivas USA has expired thus no longer in discussions with Chivas USA. • Massimo Marini, spoke on Denver's Occupy Solidarity Agreement; opined that homeless and social organizations should be involved in resolving homeless issue instead of the police department. • Mathew Southgate, thanked City Attorney Carvalho for facilitating meeting of the Santora Ad Hoc Committee and presenting historic and architectural requirements; concerned with sale of building to Newsong Church that could change relationship with artists in the area. • Joel Reyes, Eastside residents, concerned with realignment project on McFadden Avenue and proposed park development in the area. • Mayor Pulido asked resident to address concerns to Executive Director of Parks and Recreation since he was not aware of proposed park. • Mark Harrison, member of the Friends of the Santa Ana Zoo, thanked the City Manager and Executive Director of Parks and Recreation Gerardo Mouet for support of the Zoo; noted that Association handles membership and improvements; Association willing to continue helping City with Zoo activities. • Zeke Hernandez, congratulated City Manager Walters on appointment; addressed the City Council on concerns with widening of Grand Avenue and property take- aways. • Fina Chavez, congratulated City Manager Walters on appointment; welcomed City Attorney Carvalho; noted that she has met with some members of the City Council on PBID matter; would like to have disestablishment item brought back for consideration. • Alicia Acuna, submitted pictures of various parks throughout the City that are in need of improvements. • Jeff Dickman, member of Friends of Lacy Street, concerned with rehabilitation project of some historic homes that appear different than in plans submitted; requested status report on rehabilitation project. • Helen Cannon, thanked the City Council and members of the Public Safety Committee for supporting chicken ordinance. • Ralph Allen, spoke in opposition to PBID, opined that East-end businesses in Downtown consuming most of assessment fees. • Julie Stroud, member of the Orange County Historic Commission, submitted letter of support to preserve the Sexlinger property (Agenda Item 75A). • Janet Cook, member of Fairview Development Center spoke in opposition to Zoo entrance fee increase and requested consideration to waive fee for people with disabilities. CITY COUNCIL MINUTES 6 JUNE 4, 2012 1 0A-6 • City Manager Walters indicated that staff would look into matter. • Grant Adelars, spoke on miscellaneous personal issues. • Bobi Keenan, spoke in support of Save the Orchard Coalition (Agenda Item 75A); requested status of Willowick project and opined that it should remain open space; and update on 22 freeway extension. • Tom Jackson, congratulated City Manager Walters on appointment; spoke in opposition to PBID; requested copy of Downtown Inc. audit report; would like disestablishment item be brought back for City Council consideration. • Herb Rose, congratulated City Manager and City Attorney on appointments; spoke in support of disestablishment of PBID; opined that assessment and benefit disproportionate. Also acknowledged the Public Works Agency and City for assisting him with sewer problem at his business. • Mayor Pro Tern Alvarez noted that PBID matter and budget would be brought back to the City Council for consideration at the June 18, 2012 City Council Meeting. • Cristina Damian, spoke in support of proposed chicken ordinance. • Raul Yanez, commented that he moved his business to Broadway Ave. and doing well, although not benefitting from PBID assessment. • Thomas Gordon, concerned with City's graffiti abatement contract, and signage and shopping cart pollution; also reported that web application to report graffiti not working. CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 10A through 25L with the following modifications: • Mayor Pro Tern Alvarez voted "No" on Agenda Item 19C.; • Mayor Pro Tem Alvarez requested that the Minutes of May 21, 2012 be corrected to reflect the following: page 4, Item 10A on sex offender ordinance should indicate that the City adopted an ordinance in 2006 and it was first in the County, and it was proposed amended ordinance; also on page 21 under Council Comments by Mayor Pro Tern include that she is supportive of the artist, want them to stay, and encouraged them to look at all alternatives available to them given that the City has no leverage (on the proposed sale of Santora Building to Newsong Church). • Mayor Pro Tern Alvarez pulled Agenda Item 11A for separate discussion; and • Councilmember Sarmiento abstained on Agenda Item 10A; and • Excused the absence of Councilmembers Martinez and Tinajero. MOTION: Alvarez SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Pulido, Sarmiento, Tinajero (5) CITY COUNCIL MINUTES 7 JUNE 4, 2012 1 0A-7 NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Tinajero (2) Items removed for separate action or modified are highlighted. Separate actions show the actual vote. Items without votes are adopted as part of the consent motion. ADMINISTRATIVE MATTERS MINUTES 10A MINUTES FROM THE REGULAR MEETING OF MAY 21, 2012 MOTION: Approve Minutes as corrected. MOTION: Alvarez VOTE: SECOND: Benavides Alvarez, Benavides, Bustamante, Pulido (4) None (0) Sarmiento (1) Martinez, Tinajero (2) AYES: NOES: ABSTAIN: ABSENT: ORDINANCES/SECOND READING In the event a Councilmember recorded an "abstention" before consideration of the following ordinance(s) on first reading, such abstention will also be reflected in the minutes for second reading. 11A SECOND READING ORDINANCE AMENDING SANTA ANA MUNICIPAL CODE CHAPTER 10, ARTICLE XII, PERTAINING TO PROXIMITY RESTRICTIONS FOR REGISTERED SEX OFFENDERS TO CHILDREN'S FACILITIES - Police Department Placed on first reading at the May 21, 2012 City Council meeting and approved by a vote of 7-0. Published in the Orange County Reporter on May 25, 2012. Mayor Pro Tem Alvarez commented that item is second reading of ordinance; item considered at the last City Council meeting with District Attorney Tony Rackauckas in attendance; amendments to ordinance prepared in collaboration with Orange County District Attorney's Office CITY COUNCIL MINUTES 8 1 0A-8 JUNE 4, 2012 and City Attorney's Office; thanked the City Council and Public Safety Committee for supporting the ordinance. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS-2832- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 10, ARTICLE XII OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO PROXIMITY OF REGISTERED SEX OFFENDERS TO CHILDREN'S FACILITIES MOTION: Alvarez VOTE: AYES: SECOND: Benavides Alvarez, Benavides, Bustamante, Pulido, Sarmiento, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Tinajero (2) 11B SECOND READING ORDINANCE AMENDING CHAPTER 5 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO THE KEEPING OF FOWL - Police Department Placed on first reading at the May 21, 2012 City Council meeting and approved by a vote of 5-0 (Pulido, Sarmiento absent) Published in the Orange County Reporter on May 25, 2012. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. 2833 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 5 OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE KEEPING OF FOWL BOARDS / COMMISSIONS / COMMITTEES 13A COUNCIL COMMITTEE REPORTS - PARKS, RECREATION, EDUCATION AND YOUTH (PREY) MINUTES - PARKS, RECREATION & COMMUNITY SERVICES AGENCY MOTION: Receive and file Parks, Recreation, Education and Youth (PREY) Minutes of November 28, 2011 and April 2, 2012. CITY COUNCIL MINUTES 9 1 0A-9 JUNE 4, 2012 MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT - City Attorney's Office Items approved by unanimous consent in Closed Session. Interinsurance Exchange of the Automobile Club v. City of Santa Ana, Orange County Superior Court Case No. 30-2011-00507700 Friend of the Court Brief in Pack v. Superior Court (City of Long Beach) 19B EXCUSED ABSENCES - Clerk of the Council MOTION: Excuse the absence of Councilmembers Martinez and Tinajero. 19C DESTRUCTION OF OBSOLETE CITY RECORDS (CITY MANAGER'S OFFICE) MOTION: Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2006-045. *Mayor Pro Tern Alvarez voted "No" on Item 19C. 19D QUARTERLY REPORT FOR HOUSING DIVISION PROJECTS AND ACTIVITIES JANUARY 2012 - MARCH 2012 - Community Development Agency MOTION: Receive and file report. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A APPROPRIATION ADJUSTMENT - WORKFORCE INVESTMENT ACT ADDITIONAL FUNDS - Community Development Agency MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2012-178 - Recognizing additional revenues of $25,764 in Workforce Investment Act Title I Adult and CITY COUNCIL MINUTES 10 JUNE 4, 2012 1 0A-10 Dislocated Worker funds from the State of California for Program Year 2011-2012. SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES MOTION: Award in accordance with Request for Council Action. (Items 22A through 22E) 22A SPEC. NO. 07-103 - EXAM GLOVES - (Police Department) - Finance & Management Services 1. Amend the current contract with Bound Tree Medical in the amount of $17,300 for a total annual amount not to exceed $234,500; 2. Renew the contract with Bound Tree Medical for gloves for the Police Department for a one-year period in an annual amount not to exceed $70,000 22B SPEC. NO. 10-052 - OFFICE SUPPLIES - Renew the contract with Office Depot in an annual amount not to exceed $215,000. - Finance & Management Services 22C SPEC. NO. 11-009 - VEHICLE TIRES - Renew contracts for a one-year period, in an annual aggregate amount not to exceed $140,000 with the following vendors: (Finance & Management Services) Vendor Location Parkhouse Tire Inc. Santa Ana Scher Tire Inc. Santa Ana Tarulli Tire Inc. Santa Ana 22D SPEC. NO. 12-035 - SAFETY SHOES - Award contracts for a one-year period, with provision for two one-year renewals, in an annual aggregate amount not to exceed $35,000 with the following vendors: - (Finance & Management Services) Vendor Location Industrial Shoe Company Santa Ana Dee's Shoes, Inc. dba Red Wing Shoes Santa Ana 22E SPEC. NO. 12-038 - EQUIPMENT RENTAL AND CONCRETE - Award contracts for a one-year period, with provision for three one-year CITY COUNCIL MINUTES 11 JUNE 4, 2012 1 0A-11 renewals, in an annual aggregate amount not to exceed $40,000 with the following vendors: (Finance & Management Services) Vendor Location Hertz Equipment Rental Corporation Foothill Ranch Sunstate Equipment Co, LLC. Anaheim United Rentals (North America), Inc. Santa Ana PROJECTS/CHANGE ORDERS 23A CONTRACT AWARD TO PATSCHECK CONSTRUCTION COMPANY FOR THE SANTIAGO PARK VERNAL POOL (PROJECT NO. 036367, NONGENERAL FUND) - Public Works Agency and Parks, Recreation and Community Services 1. Award a contract to Patscheck Construction Company, the lowest responsible bidder, in an amount of $37,820 for construction of the Santiago Park Vernal Pool Project; 2. Approve the Funding Analysis for a total estimated construction cost of $52,900. 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 25L) 25A AGMT NO. 2012-102 - ANIMAL CARE SHELTER SERVICES - With the County of Orange in an amount not to exceed $1,017,904 - Police Department 25B AGMT NO. 2012-103 - LAW ENFORCEMENT HELICOPTER SERVICES - With the Orange County Sheriff's Department in an annual amount not to exceed $351,842 - Police Department 25C AGMT NO. 2012-104 - WEB-SITE MAINTENANCE AND COMMUNICATION SERVICES FOR EMERGENCY PREPAREDNESS, URBAN AREAS SECURITY INITIATIVE (UASI FUNDED) - With Westbound Communications for the continuation of the Ready OC CITY COUNCIL MINUTES 12 JUNE 4, 2012 1 0A-12 Emergency Preparedness Campaign in an amount not to exceed $550,000 - (Police Department) 25D STORM DRAIN FACILITY CLEANING AND SPILL RESPONSE - Public Works Agency ¦ AGMT NO. 2012-105 - With United Storm Water, Inc. in an amount not to exceed $250,000; ¦ AGMT NO. 2012-106 - With Ocean Blue Environmental Services, Inc. in an amount not to exceed $250,000. 25E AGMT NO. 2012-107 - AMENDMENT - FATS, OILS, AND GREASE PROGRAM MANAGEMENT SERVICES - With Environmental Engineering and Contracting, Inc., in an amount not to exceed $220,000 - Public Works Agency 25F AGMT NO. 2012-108 - AMENDMENT - SEWER VIDEO INSPECTION SERVICES - With Houston Harris PCS Inc., in an amount not to exceed $300,000 - Public Works Agency 25G AGMT NO. 2012-109 - GRAND AVENUE WIDENING FOR PROPERTY LOCATED AT 1221 EAST FIRST STREET (PROJECT NO. 081732 NOW GENERAL FUND) - With the Neal Family Revocable Trust and the Bevington Family Trust for the purchase of the property located at 1221 East First Street (APN 398-454-12 & 398-454-13) in the amount of $3,174,000 - Public Works Agency 25H AGMT NO. 2012-110 - ACQUISITION SETTLEMENT FOR BRISTOL STREET CORRIDOR, 410 NORTH BRISTOL UNIT A, (PROJECT NO. 081700) (NON-GENERAL FUND) - With Mr. Chris Yoh, Luv-N-Donuts in an amount of $26,000 - Public Works Agency 251 AMENDMENTS - PARK LANDSCAPE MAINTENANCE SERVICES - Parks, Recreation & Community Services Agency • AGMT NO. 2012-111 - With Master Landscape & Maintenance, Inc. for a 19-month amendment to provide park landscape maintenance services in District 1 in an amount not to exceed $401,957 and approve a 10% contingency for unanticipated work for a total amount not to exceed $442,153; CITY COUNCIL MINUTES 13 JUNE 4, 2012 1 0A-13 • AGMT NO. 2012-112 - With DMS Facility Services, LLC for a 19- month amendment, to provide park landscape maintenance services in District 2, in an amount not to exceed $576,332, and approve a 10% contingency for unanticipated work for a total amount not to exceed $633,965; • AGMT NO. 2012-113 - With Vista Del Verde to execute one-year agreement to provide park landscape maintenance services in District 3, in an annual amount not to exceed $508,164 and approve a 10% contingency for unanticipated work for a total annual amount not to exceed $558,980; • AGMT NO. 2012-114 - With Midori Landscape, Inc. to execute a one- year amendment to provide park landscape maintenance services in District 4 and District A, in an annual amount not to exceed $931,608 and approve a 14% contingency for unanticipated work for a total annual amount not to exceed $1,062,544 25J MEMORANDUMS OF UNDERSTANDING WITH WORKFORCE INVESTMENT ACT MANDATED PARTNERS - Community Development Agency ¦ AGMT NO Center; ¦ AGMT NO. County; ¦ AGMT NO. ¦ AGMT NO. ¦ AGMT NO. ¦ AGMT NO. ¦ AGMT NO. ¦ AGMT NO. ¦ AGMT NO. ¦ AGMT NO. 2012-115 - Asian American Senior Citizens Service 2012-116 - Community Action Partnership of Orange 2012-117 - Employment Development Department; 2012-118 - Goodwill Industries of Orange County; 2012-119 - Rancho Santiago Community College District; 2012-120 - Santa Ana Housing Authority; 2012-121 - Santa Ana WORK Center/City of Santa Ana; 2012-122 - Santa Ana Unified School District ; 2012-123 - Southern California Indian Center; 2012-124 - State Department of Rehabilitation 25K YOUTH PROGRAM OPERATOR AGREEMENTS PROGRAM YEAR 2012-13 - Community Development Agency 1. Authorize the City Manager and Clerk of the Council With the following Youth Program Operators Program Year 2012-13 for a total of $991,795 for the period of July 1, 2012 through June 30, 2013: ¦ AGMT NO. 2012-125 - With Orange County Children's Therapeutic Arts Center to provide tutoring, work experience, occupational skills training, job preparation, supportive services, mentoring, and CITY COUNCIL MINUTES 14 JUNE 4, 2012 1 0A-14 counseling for twenty five Out-of-School Youth in the amount of $175,000; ¦ AGMT NO. 2012-126 - With Santa Ana Public Library to provide post-secondary occupational skills training in the areas of digital technology, paid work experience, leadership development, and supportive services for twelve In-School Youth and eight Out-of- School Youth in the amount of $160,000; ¦ AGMT NO. 2012-127 - With Taller San Jose to provide occupational skills training in the fields of healthcare, professional business services or construction, internship opportunities, supportive services, counseling, job preparation, and placement to twenty Out-of-School Youth in the amount of $126,795; ¦ AGMT NO. 2012-128 - With Orange County Conservation Corps to provide paid work experience, alternative secondary education, post-secondary educational resources, and supportive services for twenty-five Out-of-School Youth in the amount of $250,000; ¦ AGMT NO. 2012-129 - With Santa Ana WORK Center STEM Youth Program to provide paid work experience at worksites related to science, technology, engineering, and math (STEM), workforce preparation, post-secondary education resources, occupational training in customer service and supportive services to fifteen In-School Youth and five Out-of-School Youth in the amount of $160,000; ¦ AGMT NO. 2012-130 - With NAPSAC to provide paid work experience with local businesses, workforce preparation, case management, and supportive services to twelve In-School and three Out-of-School in the amount of $120,000. 2. AGMT NO. 2012-131 - Authorize the City Manager and Clerk of the Council to execute a Memorandum of Understanding term extension with Santa Ana WORK Center for the Youth Services Provider Navigator to June 30, 2013 and allocate funding program year 2012-2013 funds in the amount of $321,358 25L AGMT NO. 2012-132 - AMENDMENT - PORTABLE WIRELESS MESH NETWORK (UASI FUNDED) - With Pacific Services, Inc. increasing agreement amount from $63,000 to a total amount not to exceed $80,000- Police Department **END OF CONSENT CALENDAR** CITY COUNCIL MINUTES 15 JUNE 4, 2012 1 0A-15 BUSINESS CALENDAR ITEMS ORDINANCES/FIRST READING 50A ITEM TAKEN OUT OF ORDER RESOLUTIONS 55A STATE-LOCAL PARTNERSHIP PROGRAM AND MEASURE M2 ENVIRONMENTAL CLEAN-UP PROGRAM - OCTA GRANT APPLICATIONS - Public Works Agency MOTION; Adopt resolutions. ¦ RESOLUTION NO. 2012-018 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE SUBMISSION OF PROJECTS FOR FUNDING UNDER THE STATE- LOCAL PARTNERSHIP PROGRAM FORMULA GRANT UNDER THE PROPOSITION 1B HIGHWAY SAFETY, TRAFFIC REDUCTION, AIR QUALITY, AND PORT SECURITY BOND ACT OF 2006 ¦ RESOLUTION NO. 2012-019 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE SUBMITTAL OF PROJECTS TO ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE MEASURE M2 ENVIRONMENTAL CLEANUP PROGRAM MOTION: Alvarez SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Bustamante, Pulido, Sarmiento (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Tinajero (2) CITY COUNCIL MINUTES 16 JUNE 4, 2012 1 0A-16 PUBLIC HEARINGS 75A PUBLIC HEARING - APPEAL NO. 2012-01 (HISTORIC RESOURCES COMMISSION APPLICATION NO. 2012-01 AND HISTORIC REGISTER CATEGORIZATION NO. 2012-01) FOR THE SEXLINGER PROPERTY LOCATED AT 1584 EAST SANTA CLARA AVENUE - Planning & Building Agency Motion approved by the Planning Commission on April 5, 2012 by a 5-2 vote (Christy and Yrarrazaval opposed, O'Callaghan absent). Legal Notice published in the O.C. Reporter on April 27, 2012 and notices mailed on April 26, 2012. Continued from the May 7, 2012 City Council meeting by a vote of 7-0. Staff report presented by Planning and Building Executive Director, Jay Trevino. Mayor Pulido opened the Public Hearing. The following speakers commented on the matter: • Nick Spain, submitted letter from the State Historical Commission in support of preserving Sexlinger property. • Deborah Strunk, resident of Portola Neighborhood Association, spoke on history of Valencia crop in the area and need to preserve property. • Dwight Schroeder, opined that property should be preserved, with or without historic designation. • Jeff Dickman, former member of the Historic Resources Commission, opined that lot is one of last with value to the community. • Ryan Bensley, former next door neighbor to property, supports preservation of property • Jeannie Gillett, member of Save our Orchard Coalition, supports historic preservation designation; would like to be given opportunity to file for designation at the State level; noted that property meets two requisites for State designation. • Moises Munoz Plascenia, propose to grow organic crops at the five acre property; project would support SB375 the Sustainable Communities initiative. • Elaine Cali, opined that history destroyed if not preserved; encouraged open space. • Ellen Diamond, opined that preservation would place Santa Ana on the map. • Diane Askbaugh, encouraged the City Council to place property on Historic Registry. • Lara Montagne, noted City's efforts to preserve history in Downtown area and said property should also be preserved. CITY COUNCIL MINUTES 17 JUNE 4, 2012 1 0A-17 • Steve Ray, supports historic designation, community garden; noted that Coalition's goal is to pay fair market value for property. • Diana Hardy, spoke on benefit of preserving property that would benefit future communities. • Tonya Fannin, reported that Coalition has received more than 1,500 signatures on petition to save Orchard. • Kevin Tilden, property owner representing Concordia University, spoke by opposition to appeal. • Ron Van Blarcon, General Counsel for Concordia University, requested clarification of Request for Council Action and verbal report that were inconsistent; noted that property owner has right to request designation and in this case does not desire. • Jamie Sue Abrahams, archival assistant at Heritage Museum, noted that Heritage Museum once slated for destruction, but saved by the Santa Ana Unified School District; supports designation. • John Hiber, urged the City Council to preserve Orchard. Mayor Pulido closed the Public Hearing. Council discussion ensued. Executive Director of Planning and Building Jay Trevino noted that property meets minimum qualifications for designation and staff recommends designation. Mayor Pulido noted that support of designation is short term, but opportunity for Coalition to raise funds and purchase property. Councilmember Sarmiento moved motion to approve appeal. Motion seconded my Mayor Pro Tem Alvarez. Councilmember Bustamante supports property owner rights and would not support motion because owners have not requested designation. Mayor Pro Tern Alvarez indicated that action is discretionary as donation to Concordia by Sexlinger family not clear; Coalition has eight months to raise money to preserve property; thanked the Historic Resources Commission for considering matter; also noted that final development project will require City Council approval. Councilmember Benavides noted that intent of donation by Sexlinger to Concordia not clear, but value in preserving property; property owner may proceed with development after 8 months have lapsed and Coalition has not purchased property. Executive Director Trevino indicated that both State and National Historic Designations are done at the request of property owners; City has different requirements for designation. Councilmember Sarmiento supports motion; approval allows for window of opportunity for preservation. CITY COUNCIL MINUTES 18 JUNE 4, 2012 1 0A-18 Mayor Pro Tern Alvarez requested a point of clarification from City Attorney - does the City Council need to approve the findings given that the staff report does not delineate such finding. City Attorney Carvalho indicated that staff did make that point and is now part of comments; clarification helpful. Mayor Pulido indicated that amended motion to include findings was before the City Council for consideration. Maker of motion agreed to amended motion. Mayor Pulido noted that balance needed in development projects; approval of item will allow appellant an opportunity to purchase property. AMENDED MOTION: 1. Overturn the the Historic Resources Commission's decision to deny Historic Resources Commission Application No. 2012-01 and Historic Register Categorization No. 2012-01. 2. Adopt amended resolution. RESOLUTION NO. 2012-020 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING APPEAL NO. 2012-01 AND OVERTURNING THE HISTORIC RESOURCES COMMISSION'S DENIAL OF HISTORIC RESOURCES COMMISSION APPLICATION NO. 2012-01 AND HISTORIC REGISTER CATEGORIZATION NO. 2012-01 FOR THE SEXLINGER PROPERTY LOCATED AT 1584 EAST SANTA CLARA AVENUE (APPEAL NO. 2012-01) MOTION: Sarmiento SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Pulido, Sarmiento (4) NOES: Bustamante (1) ABSTAIN: None (0) ABSENT: Martinez, Tinajero (2) 75B PUBLIC HEARING - PROPOSED CITY'S FISCAL YEAR 2012-13 BUDGET AND MISCELLANEOUS FEES SCHEDULE - Finance & Management Services CITY COUNCIL MINUTES 19 JUNE 4, 2012 1 0A-19 Legal notice published in the Orange County Register May 25, 2012 and June 1, 2012 Mayor Pulido opened the Public Hearing. There were no speakers and the Hearing closed. Council discussion ensued. Councilemmber Benavides requested report on Fiscal Policy. Executive Director of Finance and Management Francisco Gutierrez provided a summary of Policy included in staff report. Councilmember Bustamante thanked staff for efforts to bring balanced budget and Fiscal Policy. Councilmember Sarmiento echoed comments made earlier. Proposed Policy is departure from the past, now more transparent process in managing City's finances and checks and balances; may help improve City's bond rating; reserve policy will be range 5-15%, good element to balance employee concessions and maintain service levels. Mayor Pro Tern Alvarez requested an amendment to her original motion to approve. Add folloing language to the Fiscal Policy: no langauge shall be adopted that requires the City to maintain a minimum or required level of staffing and overtime; important lanugage to protect reserves when negotiating labor contracts. AMENDED MOTION: 1. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS-2835 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROPRIATING MONIES TO THE SEVERAL OFFICES, AGENCIES AND DEPARTMENTS OF THE CITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2012 2. Adopt amended Fiscal Policy. 3. Approve an Appropriation Adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2012-179 - To shift Risk Management funds and enhance General Fund reserve levels. 4. Adopt resolutions. ¦ RESOLUTION NO. 2012-021 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NOS. 82-110, 91-066 AND 96-095 TO EFFECT CITY COUNCIL MINUTES 20 JUNE 4, 2012 1 OA-20 CERTAIN CHANGES TO THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLANS. ¦ RESOLUTION NO. 2012-022 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A UNIFORM SCHEDULE OF MISCELLANEOUS FEES FOR FISCAL YEAR 2012-2013 AND REPEALING IN PART RESOLUTION NO. 2011-031 MOTION: Alvarez VOTE: AYES: NOES: ABSTAIN: ABSENT: THE CITY COUNCIL MEETING RECESSED AT 10:35 P.M. TO THE HOUSING AUTHORITY MEETING AND RECONVENED AT 10:36 P.M. WITH SAME MEMBERS PRESENT. COMMENTS 90A CITY MANAGER'S COMMENTS • City Manager Walters thanked the City Council for support and confidence in appointment. 90B CITY COUNCILMEMBER COMMENTS Councilmember Sarmiento: • Noted that the Orange County Registrar Voter's Office predicted a 30% reduction in voter turn-out for the June 5, 2012 Primary Election compared to the previous election; • Invited all to attend the upcoming Sunset Zoo Concert Series to be held on June 10th, June 24th, and July 15th; and • Urged all to vote on Tuesday, June 5, 2012. Councilmember Bustamante: • Welcomed newly appointed City Manager Walters, and • 2nd Annual July 4th celebration on Sunday, July 1St at Centennial Park. SECOND: Benavides Alvarez, Benavides, Sarmiento (5) None (0) None (0) Martinez, Tinajero (2) Bustamante, Pulido, CITY COUNCIL MINUTES 21 JUNE 4, 2012 1 OA-21 Councilmember Benavides: • Noted that July 1St event will begin at 2 p.m.; • Welcomed City Manager Walters; • Appointment of Police Chief in the near future; • Wished all a Happy Father's Day; and • Encouraged all to shop in Santa Ana. Mayor Pro Tern Alvarez: • Welcomed Paul Walters as permanent City Manager and wished him well; and • Wished all a Happy Father's Day. Mayor Pulido: • Welcomed newly appointed City Manager and City Attorney to respective positions; • Noted that if Council members Martinez and Tinajero were present at tonight's meeting, would have had 7-0 vote to appoint City Manager. ADJOURNED:- 10:40 P.M. - The next meeting of the City Council is scheduled for Monday, June 18, 2012 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 6:00 p.m. in the Police Community Room, 60 Civic Center Plaza, Santa Ana, California. Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 22 JUNE 4, 2012 1 OA-22