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Home My WebLink About2010-09-20 RegularMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA SEPTEMBER 20, 2010 CLOSED SESSION MEETING CALLED TO ORDER ATTENDANCE PUBLIC COMMENTS - None CLOSED SESSION ITEMS POLICE CHIEF'S CONFERENCE ROOM 60 CIVIC CENTER PLAZA SANTA ANA, CA 5:23 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: CYNTHIA J. NELSON, Deputy City Manager for Development Services JOSEPH W. FLETCHER, City Attorney MARIA D. HUIZAR, Clerk of the Council 1A CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) Miguel Gonzalez vs City of Santa Ana, Case Nos. ADJ3878569, ADJ1024216 and ADJ3853371 1 B CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 CITY COUNCIL MINUTES 1 SEPTEMBER 20, 2010 1C Agency Negotiators: Personnel Services Executive Director, Kathie Gonzalez Employee Organizations: Service Employees International Union (SEIU) 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 Confidential Association of Santa Ana PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957 Title: City Attorney ADJOURNED 6:18 P.M. CITY COUNCIL MINUTES 2 SEPTEMBER 20, 2010 REGULAR CITY COUNCIL MEETING CALLED TO ORDER POLICE COMMUNITY ROOM 60 CIVIC CENTER PLAZA SANTA ANA, CA 6:20 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 COUNCILMEMBERS Absent: None STAFF Present: CYNTHIA J. NELSON, Deputy City Manager for Development Services JOSEPH FLETCHER, City Attorney MARIA D. HUIZAR, Clerk of the Council PLEDGE OF ALLEGIANCE Mayor Pulido CLOSED SESSION REPORT Refer to Agenda Item 19A for Closed Session Report. PUBLIC COMMENT • Vic Edge - noted noise nuisance by neighbor's dogs. • Judy Edge - echoed Mr. Edge's comments; have tried to work with neighbor on resolving the issue to no avail; and requested the City address the ordinance relative to barking dogs. *Councilmember Sarmiento directed City Attorney Joe Fletcher and Police Chief Walters to work with Mr. and Mrs. Edge in resolving their issue and revise the ordinance. CITY COUNCIL MINUTES 3 SEPTEMBER 20, 2010 CONSENT CALENDAR MOTION: Approve staff recommendations with the following modifications on the Consent Calendar Items 10A through 25G: • Mayor Pro Tern Alvarez pulled Item 22A for separate discussion. . MOTION: Martinez VOTE: MINUTES AYES: NOES: ABSTAIN: ABSENT: SECOND: Sarmiento Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) None (0) None (0) None (0) ADMINISTRATIVE MATTERS MINUTES OF THE REGULAR MEETING OF SEPTEMBER 7, 2010 - Clerk of the Council Office MOTION: Approve Minutes. MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT — City Attorney's Office MOTION: Approve a Compromise and Release agreement in the amount of $40,000 for Miguel Gonzalez vs City of Santa Ana, Case Nos. ADJ3878569, ADJ1024216 and ADJ3853371. 19B EXCUSED ABSENCES — None 19C SANTA ANA EMPOWERMENT CORPORATION FINANCIAL AUDIT FOR FY 2009-2010 AND DISSOLUTION OF THE SANTA ANA EMPOWERMENT CORPORATION - Community Development Agency RECOMMENDED ACTIONS: CITY COUNCIL MINUTES 4 SEPTEMBER 20, 2010 1. Approve the closing Financial Audit of the Santa Ana Empowerment Corporation for fiscal year 2009-2010 as prepared by Macias Gini & O'Connell LLP. 2. Authorize the City Attorney and City Manager to proceed with the dissolution of the Santa Ana Empowerment Corporation. BUDGETARY MATTERS SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES Continued from the September 7, 2010 City Council meeting by a vote of 7-0. Council discussion ensued. Proposed amended motion to one-year instead of one-year with provision for three, one-year renewals, in light of the economy and re -bid next year. AMENDED MOTION: Award a contract to Pestmaster Services for a one-year period in the annual amount not to exceed $252,000. MOTION: Alvarez VOTE: AYES: AGREEMENTS SECOND: Sarmiento Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 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 25A through 25G) CITY COUNCIL MINUTES 5 SEPTEMBER 20, 2010 25A AGMT NO. 2010-183 - BILL PRINT AND PAYMENT SERVICES - Execute an amendment with InfoSend, Inc. for a total not to exceed $223,000 annually, during the term from March 1, 2010 through February 28, 2012 - Finance & Management Services 25B AGMT NO. 2010-184 - LANDSCAPE MAINTENANCE SERVICES FOR THE SANTA ANA ZOO AT PRENTICE PARK - Execute an amendment with Vista Del Verde Landscape, Inc. in an amount of $135,316 for a one- year term - Parks, Recreation & Community Services Agency 25C AGMT NO. 2010-185 - INMATE MEDICAL SERVICES - Execute an amendment with Correctional Managed Care Medical Corporation in an annual amount not to exceed $1,255,985 - Police Department 25D AGMT NO. 2010-186 - MEMORANDUM OF UNDERSTANDING (MOU) EXTENSION - With the Firemen's Benevolent Association (FBA) for a four-year contract extension covering July 1, 2010 through June 30, 2014 - Personnel Services Agency 25E AGMT NO. 2010-187 - MEMORANDUM OF UNDERSTANDING (MOU) - With the Confidential Association of Santa Ana (CASA) for a two-year period covering July 1, 2010 through June 30, 2012 - Personnel Services Agency 25F AGMT NO. 2010-188 - MEMORANDUM OF UNDERSTANDING (MOU) - With Service Employees International Union (SEIU) for a three-year period covering July 1, 2010 through June 30, 2013 - Personnel Services Agency 25G AGMT NO. 2010-189 - MEMORANDUM OF UNDERSTANDING (MOU) EXTENSION - With the Fire Management Association (FMA) for a four- year contract extension covering July 1, 2010 through June 30, 2014 - Personnel Services Agency **END OF CONSENT CALENDAR** BUSINESS CALENDAR ORDINANCES/FIRST READING CITY COUNCIL MINUTES 6 SEPTEMBER 20, 2010 50A ORDINANCE TO AMEND CHAPTER 11 OF THE DANCE ORDINANCE AND ESTABLISHING A FEE FOR COST OF EXTRAORDINARY POLICE DEPARTMENT SERVICES - Police Department MOTION: At the request of staff, continue consideration of matter to the October 4, 2010 Council Meeting. MOTION: Martinez VOTE: AYES: RESOLUTIONS SECOND: Bustamante Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55A RESOLUTION - BIENNIAL REVIEW OF CITY CLASSIFICATIONS REQUIRED TO FILE A STATEMENT OF ECONOMIC INTERESTS FORM - Clerk of the Council Office MOTION: Adopt a resolution. RESOLUTION NO. 2010-044 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE CONFLICT OF INTEREST CODES OF CERTAIN CITY AGENCIES AND DEPARTMENTS MOTION: Alvarez SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55B RESOLUTION SUPPORTING SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS' (SCAG) BUSINESS FRIENDLY PRINCIPLES - City Manager's Office CITY COUNCIL MINUTES 7 SEPTEMBER 20, 2010 MOTION: Adopt a resolution. RESOLUTION NO. 2010-045 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF "BUSINESS FRIENDLY PRINCIPLES" AS PART OF SCAG'S DEVELOPMENT OF A SOUTHERN CALIFORNIA ECONOMIC GROWTH STRATEGY MOTION: Martinez VOTE: AYES: WORK STUDY SESSION SECOND: Benavides Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) WSA UPDATE ON AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) FUNDING UPDATE - Community Development Agency, Public Works Agency and Police Department • ARRA signed into law by President Obama on February 17, 2009 • Jumpstart our economy and create or save millions of jobs • Includes measures to modernize our nation's infrastructure, enhance energy independence, expand educational opportunities, preserve and improve affordable health care provide tax relief, and protect those in greatest need • ARRA Website - http://www.santa-ana.org/business/ARRA.asp • ARRA Proarams Overview: Department/Agency ARRAFunding Community Development Agency (CDA) $ 24.6 million Police Department $ 7.4 million Public Works $ 6 million Total ARRA Funding $38 million COMMUNITY DEVELOPMENT AGENCY (CDA) %RRA Programs — CDA CDA Program ARRA Funding CDBG — R $1.8 mil CITY COUNCIL MINUTES 8 SEPTEMBER 20, 2010 CDA Program ARRA Funding HPRP $2.8 mil Neighborhood Stabilization Program 1 $5.8 mil Neighborhood Stabilization Program 2 $10 mil Workforce Programs $4.2 mil Total ARRA Funding $24.6 mil Homelessness Prevention & Rapid Re -Housing (HPRP) • Award Amount: $2,831,989 • Awarded: September 2009 • Financial assistance and services to prevent individuals and families from becoming homeless • Help homeless to be quickly re -housed and stabilized • Target individuals and families who would be homeless • Provides rental assistance, housing relocation and stabilization services Proaram Proaress Program Budget Dollars Percent Expended Expended Homelessness $1,594,135 $437,687 27% Prevention Rapid Re- $1,117,534 $218,008 20% Housing Data $50,000 $14,000 28% Collection Administration $70,500 $39,118 55% HPRP Total $2,831,989 $708,813 25% Sub -Recipients • AIDS Services Foundation • Volunteer Center of OC/Illumination Foundation • Orange County Partnership • WISE Place • Interval House • Share Our Selves • Olive Crest • Mercy House • Public Law Center Neighborhood Stabilization Program 1 (NSP 1) CITY COUNCIL MINUTES 9 SEPTEMBER 20, 2010 • Award Amount: $5,795,151 • Awarded: March 2009 • Direct formula allocation from U.S. Dept of Housing & Urban Development (HUD) • Primary Objective: stabilize the neighborhoods affected by foreclosures • Selected Intermediaries through Request for Proposals process Requirements Actual • 25% of Grant funds be • As of Sept 20, 2010: 32% dedicated to 50% AMI and dedicated to 50% AMI and below below • 100% Obligation Deadline: • 100% Obligation Deadline met on September 5, 2010 time • 100% Expenditure • Currently expended 99.4% Deadline: March 5, 2013 Proaram Process Activity Properties Expended Properties Sold Low Moderate Down payment 4 $104,242.51 1 3 Single Family 13 $1,335,553.43 0 9 Condo/Historic 20 $1,888,867.34 10 1 Rental 2 $2,084,261.69 N/A N/A Administration N/A $348,254.99 N/A N/A Total 39 $5,761,179.96 11 13 Neighborhood Stabilization Program 2 (NSP 2) • Award Amount: $10,000,000 • Awarded: January 2010 • Competitive grant allocation from U.S. Dept of Housing & Urban Development (HUD) • 480 applicants • 56 Grantees awarded Nationwide; 15 Local governments • Primary Objective: stabilize the neighborhoods affected by foreclosures • Deadlines: • 50% of grant Expended by February 2012 • 100% of grant Expended by February 2013 Progress by Activity CITY COUNCIL MINUTES 10 SEPTEMBER 20, 2010 Activity Properties Budget Expended Percent Expended Down payment 0 $400,000 $0 0% Single Family 5 $6,100,000 $658,799.77 11% Rental 0 $2,500,000 $0 0% Administration N/A $1,000,000 $58,274.06 5.83% Total 5 $10,000,000 $717,073.83 7.2% — Rental • Intermediary currently searching for qualified property More to Come... — HUD Announced NSP 3 on September 8, 2010 — Santa Ana allocated $1.4 million Weatherization Assistance Program (WAP) Community Action Partnership Orange County • Award Amount: $6,000,000 • U.S. Dept. of Energy • Primary Objective: enables low-income families to permanently reduce their energy bills by making their homes more energy efficient • Weatherization Activities include: • Replace/repair Furnaces • Replace/repair Hot Water Heaters • Installation of Ceiling Insulation • Replace/repair Exterior Doors and Windows • Installation of Water -Heater Blankets • Water Reduction Devices • Sealing Measures Deadlines: • 100% Expenditure Deadline: March 2012 Santa Ana Units: 21 ($2,242/unit) Workforce Programs • Award Amount: $4.2 million • Providing 1,105 adults, dislocated workers and youth with training and assistance. Programs administered: • Entrepreneurship • On the Job Training • Vocational Training • Summer Youth Services • Rapid Response Services CITY COUNCIL MINUTES 11 SEPTEMBER 20, 2010 Workforce Programs - Entrepreneurship • Award Amount: $302,830 • Provide unemployed individuals with assistance in starting a business • Goodwill Industries awarded $180,830 for a Future Business Owners Program • Assist 160 participants in creating a business plan and starting a small business Delhi Center awarded $122,000 for an In Home Childcare Providers Program • Enroll 100 people and assist in operating a micro enterprise, creating a business plan, and obtaining state licensing *Mayor Pulido left the meeting at 6:50 p.m. Workforce Programs - On the Job Training • Award Amount: $500,000 • Designed to provide job seekers with hands-on training to develop a skill level necessary to secure full-time employment • Allocation used to subsidize trainee wages up to 6 months • 100 participants received training • Pay Range - $8.00 to $15.00 Workforce Programs - Vocational Training • Award Amount: $350,000 • Designed to provide job seekers with vocational training to improve their skills and obtain employment. • Services included but not limited to training in the medical, transportation and information technology fields. • 63 participants received training Workforce Programs - Youth Programs • Award Amount: $2,000,000 • Say Employment Program — Provided over 525 disadvantaged youth with paid summer work experience opportunities. • Placed in private, non-profit, and government organizations • Office, medical, manufacturing and customer service jobs • Paid $8.50 per hour, worked 20-40 hours per week for 8-20 weeks • Award Amount: $30,000 • Santa Ana Unified School District/Green Project • Trained approximately 60 youth on introduction to green careers, GIS mapping and web design. • 4 weeks of work experience and classroom training • Youth received certificate from ROP Workforce Programs - Rapid Response Services • Award Amount: $267,765 • Provide services with the intent of preventing layoffs. • Rapid Response Services include: CITY COUNCIL MINUTES 12 SEPTEMBER 20, 2010 • Workshops to businesses • Services Consultation serves new markets and/or emerging and high -growth industries. • Business assessment and viability studies • Expected outcomes include increased revenues, profit and job retention/creation. Workforce Programs - Rapid Response Services • Award Amount: $117,675 • Hispanic Business Consultants • Business workshops , seminars and one-on-one consulting to small businesses • Serving 85 Santa Ana Businesses (22 Downtown Businesses) • Award Amount: $150,000 • Essergy Consulting • Business assistance workshop for 50 large-scale businesses • Will serve 12 Santa Ana businesses with intensive one-on-one counseling Proaress by Activity Activity Budget Expended Percent Expended On the Job Training $500,000 $265,602 53.12% Entrepreneurial Training $302,000 $72,729 25.08% Vocational Training $350,000 $272,571 77.87% Rapid Response $267,765 $79,810 29.81 % Youth Programs $2,078,031 $2,065,925 99.42% Administration $702,204 $435,858 62.07% Total $4,200,000 $3,192,495 76% Community Service Block Grant (CSBG) - Community Action Partnership Orange County • Award Amount: $662,752 • Allocated to 12 community organizations • Primary Objective: To create jobs or save jobs from elimination • Progress: 25 jobs created; 21 jobs saved; Served 2,037 clients in Santa Ana between September 2009 to July 2010 POLICE DEPARTMENT PD Program ARRA Funding CITY COUNCIL MINUTES 13 SEPTEMBER 20, 2010 COPS Hiring Recovery Program $6.7 mil Edward Byrne Justice Assistance (JAG) $743,000 Total ARRA Funding $7.4 mil COPS Hiring Recovery Program • Award Amount: $6,739,542 • Awarded: September 2009 • Competitive grant allocation from the U.S. Department of Justice (DOJ) • Funding for creating and preserving jobs and to increase their community policing capacity and crime -prevention efforts Program Overview • Department authorized 18 full-time Police Officer positions for three years • On average, process takes 18 months for new hires(recruitment and training) Program Progress • Department has Hired 20 full-time Police Officers o Over -hired due to normal attrition during training phases • 1 has completed all training and are currently in Patrol • 8 are scheduled to complete Field Training in Oct. • 1 is temporarily Injured (projected to return to full duty) • 5 are currently with Field Training Officers • 5 have either resigned and/or failed training • 3 Current Openings and are being recruited Edward Byrne Justice Assistance (JAG) Recovery Act • Award Amount: $743,000 • Awarded: September 2009 • Direct Allocation Program Overview • Department Authorized 2 full-time Police Officer positions for one year • Lateral Police Officers were hired o Lateral Officers have received all POST training and are only mandated to undergo Department training (FTO) • Department training (FTO) approximately 6 months • Time savings of almost one year by hiring lateral officers to offset current staffing shortages Program Progress • Department has hired 2 full-time Police Officers • Both have completed all training and are currently in Patrol CITY COUNCIL MINUTES 14 SEPTEMBER 20, 2010 PUBLIC WORKS (PWA) PD Program ARRA Funding Energy Efficiency & Conservation Block Grant $3.3 mil Transportation $2.5 mil Total ARRA Funding $5.8 mil Energy Efficiency & Conservation Block Grant • Award Amount: $3,267,500 • Awarded: October 2009 • Actual Start Date: April 2010 • Direct formula allocation from U.S. Dept of Energy (DOE) • Primary Objective: reduce fossil fuel emissions, reduce total energy usage, and improve energy efficiency • Activities • HVAC Upgrades - $950,000 • Park Lighting - $1.8 million to upgrade 24 parks • Building Lighting - $496,000 to upgrade 14 buildings • Projected Benefits • Expected to Save 795,341 kWh per year • Expected to save 383 tons GHG emissions • Expected to create 39.21 jobs Targets Actual Contracts Awarded by June 30, Met: Contracts awarded in Sept. 2010 2009 20% of Award accessed by Sept. Met: 35% of award accessed to 30, 2010 date 50% of Award accessed by June Anticipate: 100% of award 30, 2011 accessed by Feb 2011 Progress Made: HVAC activity is 47% complete Park lighting is 15% complete Building lighting has not started Expected Completion: January -February 2011 Arterial Improvements Grant Amount: $2,542,704 Federal Agency: U.S. Department of Transportation — Federal Highway Administration (FHWA) Purpose of Grant: Create new jobs and save existing ones Spur economic activity and invest in long- term growth CITY COUNCIL MINUTES 15 SEPTEMBER 20, 2010 Construction and repair of roads Projects: Civic Center: French to Santiago McFadden: Bristol to Flower McFadden: Maple to Standard Lyon: Edinger to Chestnut Projects: • Segments of arterial streets throughout the City have been identified as a high priority for rehabilitation • The project provides for recycling of existing asphalt pavement with the cement treated base reconstruction process, and replacement of damaged curbs, gutters, sidewalks, and curb ramps. • Total ARRA: $2,542,704 • Total completed to -date: $1,865,451 Council discussion ensued. Councilmember Tinajero requested clarification on police officers being hired; staff reported that applications are currently being accepted. Councilmember Benavides commended staff for receiving competitive grant and for efforts to improve many areas of the community with funds including street improvements, housing rehabilitation, and more police officers; asked that information on programs be available on City's website. Councilmember Bustamante also commended staff for efforts. Councilmember Martinez thanked Congresswoman Loretta Sanchez for support and partnership in this effort and thanked staff for innovation. Councilmember Sarmiento noted that almost $40 million has been invested in the community through infrastructure improvements, additional policing, and community development programs. Mayor Pro Tern Alvarez asked that progress be documented through Good News Articles on City's website and thanked staff for tremendous undertaking. CITY COUNCIL MINUTES 16 SEPTEMBER 20, 2010 COMMENTS 90A CITY MANAGER'S COMMENTS — None 90B CITY COUNCILMEMBER COMMENTS Councilmember Martinez: • Commented on the Mexican Bicentennial festivities held over the weekend; events were great success and commended staff and Mexican Consulate office for efforts; • Encouraged families to celebrate National Family Day on Monday, September 27, 2010; and • Requested meeting be adjourned in memory of SCAG Executive Director, Hasan Ikhrata's dad (Mr. Muhammad Ikhrata). ADJOURNED- 7:16 P.M. - The next meeting of the City Council is scheduled for Monday, October 4, 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. Adjourn in Memory of Mr. Muhammad Ikhrata Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 17 SEPTEMBER 20, 2010