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Home My WebLink About2010-02-16 RegularMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA FEBRUARY 16, 2010 CLOSED SESSION MEETING CALLED TO ORDER CITY HALL 20 CIVIC CENTER PLAZA, 8T" FLOOR SANTA ANA, CA 5:10 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 STAFF Present: DAVID N. REAM, City Manager JOSEPH FLETCHER, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS — None CLOSED SESSION ITEMS City Council Items 1A PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957 Title: City Manager 1B CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54956.8. Agency Negotiators: Personnel Services Executive Director, Kathie Gonzalez Employee Organizations: Santa Ana Service Employees International Union (SEIU) CITY COUNCIL MINUTES 1 FEBRUARY 16, 2010 Santa Ana Management Association Santa Ana Firemen's Benevolent Association Santa Ana Police Officer's Association Santa Ana Police Management Association Santa Ana Fire Management Association Community Redevelopment Agency Items 2A CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8. Approval of License for Agency Property Located at 2051-2101 East Edinger Avenue ADJOURNED 6:15 P.M. CITY COUNCIL MINUTES 2 FEBRUARY 16, 2010 CALLED TO ORDER ATTENDANCE REGULAR CITY COUNCIL MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:20 P.M. COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO STAFF Present: DAVID N. REAM, City Manager JOSEPH FLETCHER, City Attorney MARIA D. HUIZAR, Clerk of the Council PLEDGE OF ALLEGIANCE MAYOR PULIDO PUBLIC COMMENT ON AGENDA ITEMS • Tim Rush and Mike Tardiff spoke in opposition to the recommended action on Item 11A; and • Bob Guedea, Modesto Pelayo, Michael Clark, Bashar (no last name given), Emiliano Santellen, and Matthew DeGroat commented on matters related to medical cannabis facilities in the City of Santa Ana. CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations on Consent Calendar Items 10A through 25F with the following modifications: • Councilmember Benavides pulled Item 11A for discussion; • Mayor Pro Tern Alvarez pulled Items 25C and 25D for separate discussion. MOTION: Martinez SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) CITY COUNCIL MINUTES 3 FEBRUARY 16, 2010 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, ADMINISTRATIVE MATTERS MINUTES 10A MINUTES OF THE REGULAR MEETING OF FEBRUARY 1, 2010 - Clerk of the Council Office MOTION: Approve Minutes. ORDINANCES/SECOND READING 11A SECOND READING — ORDINANCE AMENDMENT NO. 2009-02 TO AMEND CHAPTER 30 OF THE SANTA ANA MUNICIPAL CODE TO ESTABLISH A NEW APPLICATION FEE FOR THE PRIVATE PARTY NOMINATION OF PROPERTIES OF THE SANTA ANA REGISTER OF HISTORICAL PROPERTIES - Planning and Building Agency Placed on first reading at the February 1, 2010 City Council meeting and approved by a vote of 6-1 (Benavides, Dissented) Published in the Orange County Reporter on February 5, 2010. Councilmember Benavides made a motion to continue the matter for 30 days. Motion died for a lack of a second. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS-2802 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 30 OF THE SANTA ANA MUNICIPAL CODE TO AUTHORIZE AN APPLICATION AND APPEAL FEE TO BE CHARGED TO APPLICANTS SEEKING TO ADD A PROPERTY TO THE CITY'S REGISTER OF HISTORIC PLACES MOTION: Martinez SECOND: Alvarez VOTE: AYES: Alvarez, Bustamante, Martinez, Sarmiento, CITY COUNCIL MINUTES 4 FEBRUARY 16, 2010 Tinajero, Pulido (6) NOES: Benavides (1) ABSTAIN: None (0) ABSENT: None (0) MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT - City Attorney's Office 19B EXCUSED ABSENCES — None. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A APPROPRIATION ADJUSTMENT FOR WORKFORCE INVESTMENT ACT CALIFORNIA NEW START GRANT - Community Development Agency MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2010-086 — Recognizing $109,519 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 AGREEMENTS 25A AGMTS - WORKFORCE INVESTMENT ACT FORMULA YOUTH FUNDS FOR PROGRAM YEAR 2009-10 - Community Development Agency MOTION: Authorize the City Manager and Clerk of the Council to execute agreements with the following Youth Program Operators for Program Year 2009-10: • AGMT NO. 2010-018 — With Taller San Jose in partnership with Orange County Conservation Corps to provide training for solar panel installation and weatherization, paid job shadowing and on-the-job CITY COUNCIL MINUTES 5 FEBRUARY 16, 2010 training and placement for twenty Out -of -School youth in the amount of $127,341; • AGMT NO. 2010-019 — With Orange County Conservation Corps in partnership with Taller San Jose to provide the services listed above, in the amount of $161,643, • AGMT NO. 2010-020 — With The Cambodian Family to provide employment services, tutoring, education services, paid and unpaid work experience, internships, job shadowing, leadership development, adult mentoring and placement for sixteen Out -of -School youth for a total of $87.392; • AGMT NO. 2010-021 — With The Bridge to provide tutoring, alternative/secondary school services, occupational skills training, work experience, leadership development, adult mentoring and placement for twenty Out -of -School youth for a total of $96,000 25B AGMTS - AMERICAN REINVESTMENT AND RECOVERY ACT 2009 JOB TRAINING - Community Development Agency MOTION: Authorize the City Manager and Clerk of the Council to execute agreements with the following program operators for a total of $685,505: • AGMT NO. 2010-022 — With Goodwill Industries of Orange County to provide entrepreneurial training for one -hundred and sixty low income Santa Ana residents in the amount of $180,830; • AGMT NO. 2010-023 — With Delhi Center to provide entrepreneurial training for one -hundred low income Santa Ana residents in the amount of $122,000; • AGMT NO. 2010-024 — With Concorde Career College to provide medical assistant training, job preparation, and job placement for twenty five Santa Ana dislocated workers in the amount of $175,000; AGMT NO. 2010-025 — With Hispanic Business Consultants to provide small business technical assistance, through workshops and seminars, for seventy five Santa Ana businesses in the amount of $57,675; • AGMT NO. 2010-026 — With Essergy to provide small business technical assistance, through workshops, seminars and mentoring to Santa Ana small businesses in the amount of the amount of $150,000 CITY COUNCIL MINUTES 6 FEBRUARY 16, 2010 25C AGMTS - LANDSCAPE MAINTENANCE SERVICES AT CITY PARKS - Parks, Recreation & Community Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute the agreements, subject to non -substantive changes approved by the City Manager and City Attorney. • AGMT NO. 2010-027 — With DIMS Landscape Services in an amount not to exceed $274,176; • AGMT NO. 2010-028 — With Mariposa Landscapes in an amount not to exceed $454,565 MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 25D AGMT NO.,''2010-029 EVENT MANAGEMENT SERVICES TO OPERATE THE 2010 CINCO DE MAYO FESTIVITIES — With Velasquez Publishing and Promotions — City Managers Office MOTION: Authorize the City Manager and Clerk of the Council to prepare agreements, subject to non -substantive changes approved by the City Manager and City Attorney. MOTION: Martinez VOTE: AYES: CITY COUNCIL MINUTES SECOND: Alvarez Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 7 FEBRUARY 16, 2010 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. (Items 25E and 25F) 25E AGMTS — PURCHASE AGREEMENTS FOR BRISTOL STREET CORRIDOR (PROJECT NO. 08-1700) — Public Works Agency • AGMT NO. 2010-030 — Purchase and sale agreement with 1650 So. State College LLC (El Comedor Restaurant) for the property located at 418 N. Bristol Street for $1,607,105; • AGMT NO. 2010-031 — Relocation settlement agreement with El Comedor Restaurant for $592,895; • AGMT NO. 2010-032 — Relocation settlement agreement with Bristol Chiropractic for $230,000 25F AGMT NO. 2010-033 — CONTINUATION OF THE JUNIOR TENNIS AMBASSADORS PROGRAM AT CABRILLO TENNIS CENTER — With Junior Tennis Ambassadors, Inc. in an amount not to exceed $50,000 — Parks, Recreation, and Community Services **END OF CONSENT CALENDAR** BUSINESS CALENDAR ITEMS RESOLUTIONS 55A ACCESS STATE AND FEDERAL EMERGENCY MEDICAL TECHNICIAN CRIMINAL HISTORY INFORMATION FOR EMPLOYMENT OR CERTIFICATION PURPOSES - Fire Department MOTION: Adopt a resolution. RESOLUTION NO. 2010-006 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING ACCESS TO STATE AND FEDERAL SUMMARY CRIMINAL HISTORY INFORMATION FOR FIREFIGHTER, EMERGENCY MEDICAL TECHNICIAN AND PARAMEDIC EMPLOYMENT AND CERTIFICATION PURPOSES MOTION: Alvarez SECOND: Martinez CITY COUNCIL MINUTES 8 FEBRUARY 16, 2010 VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55B PROPOSED AMENDMENT TO CLASSIFICATION AND COMPENSATION AND ANNUAL BUDGET - PARK MAINTENANCE INSPECTOR I, PARK MAINTENANCE INSPECTOR II, AND PARK MAINTENANCE SUPERVISOR - Personnel Services Agency MOTION: Adopt a resolution. RESOLUTION NO. 2010-007 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 82-110 TO ADD TWO NEW FULL TIME CLASSIFICATION TITLES TO THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLAN, AND TO AMEND THE CURRENT ANNUAL BUDGET TO ADD AND REALLOCATE POSITIONS IN THE PARKS, RECREATION AND COMMUNITY SERVICES AGENCY MOTION: Bustamante SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55C AUTHORIZE THE SUBMITTAL OF PROPOSITION 84 STATEWIDE PARK DEVELOPMENT AND COMMUNITY REVITALIZATION GRANT APPLICATION FOR WILLARD JOINT USE SITE IMPROVEMENTS - Parks, Recreation & Community Services Agency MOTION: Adopt a resolution. RESOLUTION NO. 2010-008 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR STATEWIDE PARK DEVELOPMENT AND COMMUNITY CITY COUNCIL MINUTES 9 FEBRUARY 16, 2010 REVITALIZATION PROGRAM GRANT FUNDS UNDER THE SAFE DRINKING WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COSTAL PROTECTION BOND ACT OF 2006 MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55D EXECUTE AN AMENDED AND RESTATED JOINT POWERS AGREEMENT WITH ORANGE COUNTY COUNCIL OF GOVERNMENTS (OCCOG) - City Manager's Office MOTION: Adopt a resolution. RESOLUTION NO. 2010-009 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AND AUTHORIZING EXECUTING AN AMENDED AND RESTATED ORANGE COUNTY COUNCIL OF GOVERNMENTS (OCCOG) JOINT POWERS AGREEMENT MOTION: Bustamante SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY AT 7:01 P.M. COUNCIL RECONVENED WITH ALL MEMBERS PRESENT CITY COUNCIL MINUTES 10 FEBRUARY 16, 2010 WORK STUDY SESSION WSA CENSUS 2010 UPDATE - Beatriz Fernandez, Partnership Team Leader for Los Angeles Regional Census Center - City Manager's Office Mayor Pulido announced this item will be continued to a future meeting. COMMENTS 90A CITY MANAGER'S COMMENTS — None 90B CITY COUNCILMEMBER COMMENTS - None ADJOURNED- 7:03 p.m. The next meeting of the City Council is scheduled for Monday, March 1, 2010 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Business Meeting in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Maria D. Huizar, J Clerk of the Council CITY COUNCIL MINUTES 11 FEBRUARY 16, 2010