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HomeMy WebLinkAbout2011-09-19 RegularMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA SEPTEMBER 19, 2011 CLOSED SESSION MEETING CALLED TO ORDER ATTENDANCE POLICE COMMUNITY ROOM 60 CIVIC CENTER PLAZA SANTA ANA, CA 5:10 P.M. COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor (5:15 p.m.) CLAUDIA ALVAREZ, Mayor Pro Tern (5:26 P.M.) P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO COUNCILMEMBERS Absent: None STAFF Present: PAUL M. WALTERS, Interim City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council Quorum was established thru presence of Councilmembers Bustamante, Benavides, Martinez, Sarmiento, and Tinajero. MOTION: Elect Councilmember Bustamante Chair (pursuant to SAMC 2- 101 due to unavailability of Mayor and Mayor Pro Tem). MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: SECOND: Sarmiento Benavides, Bustamante, Martinez, Sarmiento, Tinajero (5) None (0) None (0) ABSENT: Alvarez, Pulido (2) CITY COUNCIL MINUTES 1 SEPTEMBER 19, 2011 PUBLIC COMMENTS - None COUNCIL RECESSED to Police Chief's Conference Room, 4th Floor, 60 Civic Center Plaza for Closed Session discussion at 5:11 p.m. CLOSED SESSION ITEMS 1A CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Kathie Gonzalez Employee Organizations: Santa Ana Police Officers Association (POA) Santa Ana Police Management Association (PMA) Santa Ana Firemen's Benevolent Association (FBA) Santa Ana Fire Management Association (FMA) Service Employees' International Union (SEIU) Full-Time Employees Service Employees' International Union (SEIU) Part-time Civil Service Employees Confidential Association of Santa Ana (CASA) Santa Ana Management Association (SAMA) Agency Negotiator: Interim City Manager, Paul M. Walters Employee Organizations: Executive Management (EM) Mayor Pulido arrived at 5:15 p.m. and Mayor Pro Tem Alvarez at 5:26 p.m. CITY COUNCIL MINUTES 2 SEPTEMBER 19, 2011 1B PUBLIC EMPLOYEE EMPLOYMENT AND APPOINTMENT pursuant to Government Code Section 54957(b)(1) Title: City Attorney CLOSED SESSION REPORT - See Item 19A for Report. ADJOURNED THE CLOSED SESSION MEETING AT 6:31 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 3 SEPTEMBER 19, 2011 REGULAR OPEN SESSION CALLED TO ORDER POLICE COMMUNITY ROOM 60 CIVIC CENTER PLAZA SANTA ANA, CA 6:32 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES (6:37 p.m.) CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO (6:37 p.m.) SAL TINAJERO (6:37 p.m.) COUNCILMEMBERS Absent: None STAFF Present: PAUL M. WALTERS, Interim City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council PLEDGE OF ALLEGIANCE MAYOR PULIDO CLOSED SESSION REPORT - See Agenda Item 19A for Report. PUBLIC COMMENT • Francisco Barragan, opined that Interim City Manager and Police Chief roles assumed by Paul M. Walters is overextended and should have dedicated personnel in said positions, even with City's budget situation. • Stanley Fiala, commented on privileged speech, first amendment rights and right to feel unwavering. • Art Lomeli, representing Downtown PRIDE, seek dissolution of PBID; opined that 65% of PBID funds should be dedicated to 4th Street merchants for marketing and promotions; Downtown Inc. has been directed to reorganize and restructure bylaws. • Mark Roberts, spoke in support of Councilmember Bustamante, urged not to resign. • Aurora (Penny) Lucio, expressed support for Councilmember Bustamante and for efforts to improve Downtown Santa Ana. • Saul Delgado, commented on great improvements throughout Downtown and decision to remain in Santa Ana was because of direct efforts by Councilmember Bustamante. CITY COUNCIL MINUTES 4 SEPTEMBER 19, 2011 • Sam Romero, urged the City Council to dissolve PBID, efforts by Downtown Inc. focused in Artist Village and promotion of restaurants in eastside. • Connie Hamilton, announced that Comlink to host event at Yost Theater on September 22"d, topic would include Downtown Inc.; also Connect to Council to host resource event to highlight Ward 6 and discuss code enforcement, school and neighborhood partnerships, and traffic congestion. • David Brandt, commented on Agenda Item 25C, concerned with potential relocation of major league soccer team, loss of open space, impacts to wildlife, neighborhoods, and traffic. • Alex Vega, commented on Agenda Item 25C, opined that Chivas USA not relocating to Santa Ana; and commented that promotional events in Downtown too expensive. • Bobi Keenan, commented on Agenda Item 25C, suggested that Memorandum of Understanding between the City and neighborhood be approved; does not support Chivas relocation to proposed site - disrupt wildlife, quality of life, and open land. • Lilia Ramos, commented on Agenda Item 25C, concerned with potential relocation site, increased traffic to neighborhood, and distance to freeway access. • Rick Niedermeyer, noted success of Fiestas Patrias parade; thanked the City for efforts; opined that having a major league soccer team in the City would benefit the children and accessibility to major league team. • Tom Lutz, (spoke on Agenda Item 25C) thanked Mayor Pulido and Councilmember Bustamante for attending neighborhood meeting to discuss Chivas relocation plan; happy they are not considering the Santa Ana Stadium as relocation site; opined that Willowick not appropriate; support AYSO and other soccer teams, relocation site should consider accessibility to freeways; suggested that a citizen advisory committee be established. • Charles Hart, opined that any potential sites should have CEQA certification prior to negotiations to make sure they are viable locations (commented on Agenda Item 25C). • Lisann Martinez, (spoke on Agenda Item 25C) representative of Santa Anita Neighborhood Association, opposed to relocation of Chivas to Willowick site; urged City Council to continue consideration of matter for 30 days and to hold a public hearing on the matter. • Rob Cook, commented on Agenda Item 25C, suggested relocation site be Santa Ana Blvd. and Grand Ave. due to freeway accessibility. • Mary Guzman, commented on Agenda Item 25C, concerned with potential site because of noise, traffic, quality of life; support citizen advisory committee, ideal site would be in the industrial area. • Tim Rush, Chair of Santa Ana SOS committee, does not support relocation of Chivas to Willowick; community under-parked; City should purchase Willowick and leave as open area (spoke on Agenda Item 25C). *Mayor Pulido mentioned that Santa Ana Stadium not being considered by Chivas USA as potential relocation site. • Tim Flammang, (spoke on Agenda Item 25C), opposed to Willowick location for stadium, neighborhood not geared to deal with traffic. • Jessica Cha, concerned with Downtown Inc. lack of transparency, financial documents inadequate to meet accounting standards; urged City Council to disestablish PBID. CITY COUNCIL MINUTES 5 SEPTEMBER 19, 2011 • Claudia Arellanes, noted that 61 property owners had signed petition to disestablish PBID, opined that assessment illegally approved; property taxes in default; does not support re-boundary only disestablishment. • Robert Escalante, opined that Downtown merchants support restaurants and commerce in area, but not assessment fee; thanked Mayor Pro Tern Alvarez for support; urged City Council to disestablish PBID. • Jose Ceballos, urged City Council to dissolve PBID. • Adolfo Lopez, opined that PBID assessment not fair; opposed to assessment. • Fina Chaves, support disestablishment of PBID; opined that Downtown Inc. not transparent in spending; not able to pay for increased taxes. • Shawn Makani, asked that the City Council dissolve PBID and that membership be voluntary; thanked Mayor Pro Tern Alvarez for support of Agenda Item 85A. • Dave Hoen, urged City Council to give Downtown Inc. a fair chance; opposed to Agenda Item 85A; opined that Downtown now a destination because of improvements. • Won Cha, property and business owner in Downtown; urged City Council to disestablish PBID. • Barbara DeRochers, opposed to PBID and urged disestablishment. • Nina Jun, urged the City Council to disestablish PBID; Downtown Inc. bylaws flawed, need transparency, City position vacant (since departure of Cindy Nelson), did not receive election ballot when assessment voted on; business and property owners need to vote on such matters. • Archer Altstaetter, business owner of Outrageous Costumes and Couture, invited all to grand opening on October 1St; noted that he had voluntarily become a member of Downtown Inc. because of support and benefit received. CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 10A through 25D with the following modifications: • Mayor Pro Tern Alvarez pulled item 11A for separate action; • Councilmember Sarmiento pulled item 20A for separate action; and • Mayor Pulido pulled item 25C for separate action. MOTION: Martinez SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 6 SEPTEMBER 19, 2011 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 THE CITY COUNCIL HELD ON SEPTEMBER 6, 2011 - Clerk of the Council Office MOTION: Approve Minutes. 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 ORDINANCE TO COMPLY WITH AND PARTICIPATE IN VOLUNTARY REDEVELOPMENT PROGRAM PER PART 1.9 OF DIVISION 24 OF CALIFORNIA HEALTH & SAFETY CODE - Community Development Agency Placed on first reading at the September 6, 2011 City Council meeting and approved by a vote of 7-0. Published in the Orange County Reporter on September 9, 2011. *Mayor Pro Tern Alvarez noted concerns with the handling of some of the City's redevelopment programs, the Redevelopment Agency's participation in PBID and the Facade Rebate Program, but supports the retention of Redevelopment Agency; has requested information from staff on various programs; waiting for Supreme Court ruling on State's ability to take away funds from cities. MOTION: Place ordinance on second reading and adopt.* ORDINANCE NO. NS-2823 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, DETERMINING IT WILL COMPLY WITH THE VOLUNTARY ALTERNATIVE REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE IN ORDER TO PERMIT THE CONTINUED EXISTENCE AND OPERATION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH MOTION: Alvarez* SECOND: Martinez CITY COUNCIL MINUTES 7 SEPTEMBER 19, 2011 VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 11B ORDINANCE TO ADJUST AND EXTEND THE FEE CHARGED TO FINANCE THE CITY'S PROACTIVE RENTAL ENFORCEMENT PROGRAM (PREP) ORDINANCE - Planning and Building Agency Placed on first reading at the September 6, 2011 City Council meeting and approved by a vote of 7-0. Published in the Orange County Reporter on September 9, 2011. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS-2824 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 21-120r.l(a) OF THE SANTA ANA MUNICIPAL CODE TO ADJUST AND EXTEND THE FEE CHARGED TO FINANCE THE CITY'S PROACTIVE RENTAL ENFORCEMENT PROGRAM BOARDS / COMMISSIONS / COMMITTEES 13A APPOINTMENT YOUTH COMMISSION - NOMINATED BY COUNCILMEMBER BENAVIDES AS THE WARD 4 REPRESENTATIVE (ALTERNATE) FOR A FULL TERM EXPIRING DECEMBER 9, 2014 - Clerk of the Council MOTION: Appoint. Name Caleb Torres (Replace Palos, S. ) Board/Commission Youth Commission MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT - Nothing to report. Residing Ward 5 CITY COUNCIL MINUTES 8 SEPTEMBER 19, 2011 19B EXCUSED ABSENCES - None 19C CONSOLIDATED ANNUAL PERFORMANCE & EVALUATION REPORT - Community Development Agency MOTION: Authorize submittal of the Consolidated Annual Performance and Evaluation Report to the U. S. Department of Housing and Urban Development. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A TRANSPORTATION ENHANCEMENT FUNDING FOR THE FLOWER STREET BIKE TRAIL GAP CLOSURE PROJECT - Public Works Agency and Parks, Recreation & Community Services Councilmember Sarmiento noted that project is golden loop and will connect to the City of Costa Mesa. Executive Director of Parks and Recreation Mouet commented on grant to build Class 1 bike trail with dedicated land for pedestrians and bike riders. MOTION: 1. Authorize the City Manager and Clerk of the Council to execute the attached agreement subject to non-substantive changes approved by the City Manager and City Attorney. AGMT NO. 2011-215 - With the Orange County Transportation Authority in an amount of $500,000. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2012-059 - Accepting funds in the amount of $500,000 into the Select Street Construction Revenue Fund for Federal Grants and appropriating $500,000 to the Select Street Construction Expense Fund for Improvements Other Than Buildings. MOTION: Sarmiento SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) CITY COUNCIL MINUTES 9 SEPTEMBER 19, 2011 NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 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, 25B, and 25D) 25A AGMT NO. 2011-216 - MEMORANDUM OF UNDERSTANDING (MOU) - With the Service Employees International Union Local 721 (SEIU) representing Part-Time, Civil Service employees for a three-year period covering July 1, 2010 through June 30, 2013 regarding wages and other terms and conditions of employment - Personnel Services Agency 25B AGMT NO. 2011-217 - COOPERATIVE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE COMMUNITY REDEVELOPMENT AGENCY PURSUANT TO ABX1 27 - Community Development Agency 25C NEGOTIATE WITH CHIVAS USA ENTERPRISES REGARDING POTENTIAL RELOCATION TO SANTA ANA Mayor Pulido recommended amendment to contract to remove paragraph regarding negotiation exclusivity with the City of Santa Ana. Mayor Pro Tern Alvarez thanked all speakers who addressed the City Council on the matter; City to review all revenue enhancements; and City of Garden Grove willing to negotiate on proposed site. Councilmember Sarmiento noted that CEQA requirements are facilitated with recommended action, invited soccer leagues to be engaged. Councilmember Bustamante would not support building new stadium with taxpayer money; invited neighborhood leaders to be involved. Councilmember Tinajero noted that item first step in transparency; community input needed. Councilmember Benavides would like to continue dialogue with community and provide status of negotiations in 2-3 months. Councilmember Martinez healthy community requires EIR and CEQA compliance; project would lead to job creations. CITY COUNCIL MINUTES 10 SEPTEMBER 19, 2011 MOTION: Amend the agreement and authorize the City Manager and Clerk of the Council to execute the following agreement, subject to non-substantive changes approved by the City Manager and City Attorney. AGMT NO. 2011-218 - With Chivas USA Enterprises for a term of six months - City Manager's Office MOTION: Pulido SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 25D AMENDMENTS TO HOMELESSNESS PREVENTION AND RAPID RE- HOUSING PROGRAM AGREEMENTS - Community Development Agency Continued from the August 24, City Council meeting by a vote of 7-0. • AGMT NO. 2011-219 - With Interval House increasing the (Rapid Re- Housing) grant in the amount of $53,750 • AGMT NO. 2011-220 - With WISE Place increasing the (Rapid Re- Housing and Homelessness Prevention) grant in the amount of $53,750 • AGMT NO. 2011-221 - With Olive Crest decreasing the (Homelessness Prevention) grant in the amount of $15,000 • AGMT NO. 2011-222 - With Olive Crest decreasing the (Rapid Re- Housing) grant in the amount of $55,000 • AGMT NO. 2011-223 - With Public Law Center decreasing the (Homelessness Prevention) grant in the amount of $17,500 • AGMT NO. 2011-224 - With Illumination Foundation decreasing the (Homelessness Prevention) grant in the amount of $20,000 **END OF CONSENT CALENDAR** CITY COUNCIL MINUTES 11 SEPTEMBER 19, 2011 BUSINESS CALENDAR ITEMS RESOLUTIONS 55A FY2011 HOMELAND SECURITY GRANT PROGRAM AND RELATED AGREEMENTS - Police Department MOTION: 1. Adopt a resolution. RESOLUTION NO. 2011-061 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER, AND THE CHIEF OF POLICE OR HIS DESIGNEE(S) TO ENTER INTO AN AGREEMENT WITH THE STATE OF CALIFORNIA EMERGENCY MANAGEMENT AGENCY FOR THE FY2011 URBAN AREA SECURITY INITIATIVE FUNDING PROGRAM 2. Direct the City Attorney to prepare and authorize the Chief of Police and the Clerk of the Council to enter into reimbursement agreements for equipment, services, or training. AGMT NO. 2011-225 - With the County of Orange or any of the cities located in the designated Anaheim/Santa Ana Urban Area. 3. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2012-055 - Recognizing the FY 2011 Urban Areas Security Initiative in the amount of $7,421,142 in revenue account and appropriate same in the FY 2011 Urban Areas Security Initiative Program Grant expenditure accounts. MOTION: Benavides SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 12 SEPTEMBER 19, 2011 55B CALIFORNIA 9-1-1 EMERGENCY COMMUNICATIONS OFFICE FUNDING - Fire Department and Police Department MOTION: 1. Adopt a resolution. RESOLUTION NO. 2011-062 - A RESOLUTION OF THE CITY COUNCIL OF SANTA ANA AUTHORIZING THE CITY MANAGER, CHIEF OF POLICE AND THE FIRE CHIEF TO EXECUTE A GRANT AWARD AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES, 9-1-1 EMERGENCY COMMUNICATIONS OFFICE 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2012-058 - Accepting and appropriating the California 9-1-1 Emergerncy Communications Office reimbursement program in an amount of $532,478. MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55C AMENDING THE RULES AND PROCEDURES FOR MEETINGS OF THE CITY COUNCIL AND REPEALING RESOLUTION NO. 2009-043 - Clerk of the Council Office MOTION: Adopt resolution with modification in section 2(b) to include Council Chamber as meeting location or as noted on the Agenda. RESOLUTION NO. 2011-063 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING RULES AND PROCEDURES FOR MEETINGS OF THE CITY COUNCIL AND REPEALING RESOLUTION NO. 2009-043 MOTION: Benavides SECOND: Martinez CITY COUNCIL MINUTES 13 SEPTEMBER 19, 2011 VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL RECESSED AT 8:14 P.M. AND CONVENED TO THE COMMUNITY REDEVELOPMENT AGENCY MEETING; THE CITY COUNCIL RECONVENED AT 8:15 P.M. WITH SAME MEMBERS PRESENT. ADMINISTRATIVE MATTERS - BUSINESS 60A BUDGET STABILIZATION- City Manager's Office Interim City Manager Paul M. Walters introduced Andy Belknap, Vice Preside of Management Partners who then presented Budget Study. About Management Partners • Founded in 1994; offices in Irvine and San Jose, California and Cincinnati, Ohio • Experienced staff with organizational, operational and public finance expertise • Serves local governments exclusively • Recent experience helping large cities like Santa Ana ¦ San Jose, Sacramento, Fremont, Tracy, Anaheim, Vallejo Presentation Outline • Project purpose • Methodology • 10-year financial perspective • Options for balancing the budget Project Purpose • Identify ways to reduce costs and increase revenue so the City can align expenditures with annual revenues Project Methodology • Analyzed documents (CAFRs, budgets, MOUs, program cost data, compensation data, PERS costs, workers' compensation costs, police and fire statistics, other departmental cost data) • Interviewed Council, EMT, union representatives CITY COUNCIL MINUTES 14 SEPTEMBER 19, 2011 • Conducted benchmarking to compare Santa Ana to other cities (Anaheim, Chula Vista, Fremont, Long Beach, Riverside, Sacramento ) • Created forecasting model and used financial data to develop projections • Worked collaboratively with Finance staff and the EMT Financial Environment • Recession hit Santa Ana hard • Home prices decreased • Unemployment went up, remains above 14% • Personal income has dropped • National economy is weak • State continues to take funding away • Santa Ana's revenues are below the median Impact of Great Recession jrin¢ Recessions and Recoveries: Job Ten-Year Financial Perspective CITY COUNCIL MINUTES 15 SEPTEMBER 19, 2011 M illion $240.0 _ $232.0 $230.0 $225.9 .....$723.0 _$223A-._ $223-.0 $ 2 2 0 .0 $ 218.1 _--__ $220.1 $210.0 $218. 2 $210.0 _ - $212.8 $209.4 $201.2 $210.8 $200.0 $203.5 ......... .......$205.2 $199.2 $199.8 $190.0 - ---- - -- --- 1s 6_.4- ---- $180.0 Actual Actual Actual Actual Estimated Adopted FY 12/13 FY 13/14 FY 14/15 FY 15116 FY 06/07 FY 07/08 FY 08/09 FY 09/10 FY 10/11 FY 11/12 -1rTota 1 General Fund Ra-nues &Transfers - In -Tota lGeneral FUnd Expend itures and T ransfers - Out Past Budget Balancing Techniques • Layoffs and elimination of vacancies • Compensation deferrals, some elimination of wage increases, some furloughs • Cuts in departmental budgets • Use of unrestricted fund balance to make up the large gap each year - actual cost reductions were not deep enough to match spending to revenues Fund Balance Used To Maintain Services 50 45 (( $42.9M _ _ ___. Revenues Are Going Down • Sales, property and utility users tax are much lower than in FY 07/08, with 14% decline • State took $1.2M in vehicle license fees • Redevelopment loss will cost the General Fund between $1 to $6M/year • Recession and high unemployment in Santa Ana remain big problems - and could reduce fundamental tax revenues even more Difficulty in Reducing Costs • Contracts in place for most personnel costs • Cost per employee has increased, even with fewer employees, mainly due to PIERS CITY COUNCIL MINUTES 16 SEPTEMBER 19, 2011 • PERS rates significantly increasing • City has cut maintenance and other costs that cannot be permanently eliminated, just deferred PIERS Cost Increases 60.000% -- -- 50.000% 48.600% 42600Y.- 40.000% - 36.600;% 36:600%36600% 28.846% 30500 ' 30.000% 30.000% 24.499% 26.000%.,?,.. 26.400% •" ---Safety 22.323% 23.906% 22.S17% 22.9009£ .. -Miscellaneous 20.000% 22.900% 22.90W% 22.900% 18_373% 19300% 10.000) 3.312% 15.00046 8.214% 7.073% 6.816% 0.000% FY 12/13 Projected Projected Projected FY 06/07 FY 07/08 FY 08/09 FY 09/10 FY 10/11 FY 11112 FY 13/14 FY 14/15 FY 15/16 What Does This Mean? • Significant structural deficit - costs exceed revenues • In spite of the significant cuts made in the last few years, economy has not improved and reductions have not been enough • Costs will now need to be reduced in major ways, absent major new revenues The Deficit • Management Partners' forecast was completed in May - with a deficit of $13.6M this year and over $18M in FY 12/13 • The gap is now identified by City staff to be $30M for FY 12/13 due to new revenue problems ¦ State takeaways and declining utility users tax Stabilization Study Report • Provides a menu of solutions and strategies • Strategies could generate $26M to $27M in annual savings and new revenue • None of the solutions are easy • They do represent ideas that are being executed around the State Ultimate Goal Is to Preserve Services • Services are vitally important to the people of Santa Ana • Making existing services more efficient should be the first priority • Reducing or eliminating services should be a last resort, only if maximizing efficiency is not enough CITY COUNCIL MINUTES 17 SEPTEMBER 19, 2011 Multi-Pronged Approach Service Delivery Model Changes Compensation Changes City's Next Steps • City Manager recommending a budget stabilization plan • Four-pronged approach: ¦ Negotiated compensation reductions ¦ Outsourcing ¦ Restructuring and service reductions ¦ Revenue increases Budget Stabilization Plan presented by Interim City Manager, Paul M. Walters O Four-Prong Approach 1. Negotiated Compensation Reductions 2. Outsourcing 3. Restructuring and Service Reductions 4. Revenue Increases In addition to these four areas, the City will be implementing a variety of expenditure control measures. O Negotiated Compensation Reductions • Hired an outside labor negotiator to assist in securing union concessions. City is in CLOSED contracts with limited re-opener language with all of its unions. • Meetings with union leadership currently in progress. • All union leaders were given a presentation of the Management Partners Report and the City's Budget Stabilization Plan. • Goal is to have clarity on possible compensation reductions by October 30, 2011. O Outsourcing • City has developed Request for Proposals to gather cost estimates for 16 different outsourcing projects. • Beginning in January 2012 outsourcing recommendations will begin to be presented to the City Council. • The currently-identified outsource projects are: 1. Animal Control Services 2. City Jail 3. Santa Ana Zoo CITY COUNCIL MINUTES 18 SEPTEMBER 19, 2011 4. Fleet Services and Central Stores 5. Fire Dept. Dispatch 6. Background Police Investigations 7. Parking Meter Services 8. Residential and Commercial Street Sweeping 9. Fire Dept. IT Services 10. Police Training Services (Civilianize) 11. Renegotiate Bowers Museum Agreement 12. EMT/Ambulance Services 13. Library Services 14. Workers' Compensation Services 15. Fire Services to OCFA 16. Parking Control Services O Restructuring and Service Reductions • Every City department will be asked to cut their budgets and present different service delivery options. • A list of recommended departmental reductions will be presented to City Council. • Priority has been placed on maintaining mission critical City services and infrastructure. O Revenue Increases • City is gathering information for a possible voter-approved revenue enhancement. • City proactively trying to recover funds from programs such as paramedic subscriptions and false alarm, and from our utility franchise agreement. • City investigating revenue from the marketing of City assets and from potential sponsorships. • City focusing on any and all economic development projects that could generate revenue to the City. • Initiated a review of all City-owned properties and remnant parcels for possible sale or lease. O Expenditure Controls • Restricted or deferred all General Fund non-mission critical capital purchases such as vehicles, computers and equipment. • Maintained almost all vacancies and initiated a soft hiring freeze. • Eliminated overtime unless pre-approved or mandated by contract. • Will initiate internal policies regarding paper printing, water savings and utility cost controls. • Initiated a review of all additive pay such as bilingual and career development pay. • Requested reductions in use of City vehicles. O Additional Actions Taken to Implement Plan CITY COUNCIL MINUTES 19 SEPTEMBER 19, 2011 Brought in a financial consultant to advise the City on revenue and expenditure strategies. Consulting with similar-sized cities regarding their deficits and creative budget balancing strategies. Initiated increased external and internal communications to improve transparency and to promote dialogue. An employee portal to solicit budget suggestions has been implemented as well as an email blast communication system for City residents. O Fiscal Principles • Fund ongoing expenditures with recurring revenues • Preserve remaining unrestricted fund balance and build a General Fund reserve. • Utilize internal service funds for intended uses, emergencies, contingencies, cash flow, and transition costs in service delivery. • Negotiate future compensation agreements that can be sustainable and affordable based on City's financial capacity. Councilmember Sarmiento thanked Interim City Manager Walters on transparent discussion of budget situation; many factors contribute to situation; 400 positions already eliminated throughout the City, asked Interim City Manager to make key changes, as needed, to administration that will help navigate and analyze situation - suggested appointment of Assistant City Manager position; City Council to meet on a weekly basis to discuss labor negotiations; and also re-establish Finance Ad Hoc committee. Councilmember Bustamante thanked staff for efforts to bridge gap. *Mayor Pulido left the meeting at 8:39 p.m. and did not return. Mayor Pro Tern Alvarez assumed the Chair. Councilmember Tinajero commented on City's high unemployment rate in comparison to State and National levels; unions are willing to negotiate; prepare to make tough decisions. Councilmember Benavides noted seriousness of situation; need analysis of all options including labor concessions; re-active Finance Ad Hoc Committee; and thanked unions for willingness to negotiate. Councilmember Martinez thanked Interim City Manager Walters for efforts on matter; thanked unions; need to make structural changes to alleviate cash flow problem; support Finance Ad Hoc Committee; suggested City have independent Controller/Auditor position and Assistant City Manager position. CITY COUNCIL MINUTES 20 SEPTEMBER 19, 2011 Mayor Pro Tern Alvarez thanked bargaining unions for good faith efforts made in the past and encouraged business owners, neighborhood associations and all to continue to work together. MOTION: 1. Direct the City Manager to implement a budget stabilization plan based on the framework of a four-pronged approach that includes: 1. Negotiated compensation reductions 2. Outsourcing services 3. Restructuring and service reductions 4. Revenue increases 2. Re-establish the City Council Finance Ad Hoc Committee.* MOTION: Sarmiento SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Pulido (1) *Caveat to motion made by Mayor Pro Tern Alvarez that all of the City Council members responsible to be informed, provide input, and take message forward, as it related to the budget. Councilmember Sarmiento declared a conflict of interest on Item 85A; has clients that reside in the area; left the meeting at 9:12 p.m. and did not return. Mayor Pro Tern Alvarez assumed the Chair and presided over the meeting. COUNCIL AGENDA ITEMS 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 RESOLUTION OF INTENT TO SET PUBLIC HEARING DATE - DISESTABLISH THE COMMUNITY MANAGEMENT DISTRICT (CMD) - Mayor Pro Tern Alvarez Continued from the August 24, 2011 City Council Meeting. CITY COUNCIL MINUTES 21 SEPTEMBER 19, 2011 Comments by Mayor Pro Tern Alvarez, thanked all for attending meetings on issue; thanked for support, gifts and baskets of fruit - given to local non-profits and homeless; asked colleagues to support item in light of economic situation and transparency issues; used example of furniture store of businesses significantly impacted - want them all to succeed and not hinder with imposition of an additional tax; some businesses have doubled their property tax amount; also concerned with the collection method for assessment fee; suspicious of average assessment in the amount of $1500, which believe is higher; threat of lawsuit; asked City Attorney to review documents and provide potential liability amount if sued by Downtown, Inc., also want to know the timeline to provide the assessment fee to Downtown, Inc.; Downtown Inc. has not submitted annual budget; continue to have transparency issues; questioned board election process and selection of officers; questioned process used to establish PBID; Councilmember Martinez and Mayor Pro Tern Alvarez had requested Board to diversify; requested timeline from Downtown Inc. to implement corrective actions; asked the City Council to start addressing problem and hold Downtown, Inc. accountable; noted that if City had not voted, PBID would not have passed; believe if revote taken today would not pass as some who had supported have changed mind; is supportive of the new businesses; Artist Village success started many years; Item 85A only sets public hearing and provides legal notice to all property owners; opined that the City Council are on notice of process, transparency, and mismanagement issues with Downtown, Inc. and requested that said comments be made part of the record. Councilmember Martinez represents area; issue brewing for past 18- months; had met with some business owners, council had not addressed the issues when first advised; has been in communication with Downtown, Inc. representatives; need all facts before decision can be made; asked Mayor Pro Tern to continue matter for 60-days to address method of collection issue; if can't resolve will then reconsider item; City to focus on budget situation. Councilmember Tinajero has met with representatives on the subject; support re-boundary; asked for more representation on Board and for all businesses to receive benefit; can still dissolve in a year if things haven't changed. Councilmember Benavides have heard concerns from both sides; has worked on trying to bring the two entities together, have made concessions; voted unanimously to extend the PBID for a year; disingenuous to continue said agenda item; City voted unanimously to establish PBID and allow City to participate in voting; requested Downtown, Inc. to diversify board and marketing efforts to assist all; would like to give opportunity to demonstrate responsiveness; will consider matter in a year if problems persist. CITY COUNCIL MINUTES 22 SEPTEMBER 19, 2011 Mayor Pro Tern Alvarez clarified that City Council did not vote to extend the PBID for a year, only downsize district; have not approved Downtown Inc. annual budget. Requested that item be continued to the next meeting and give Downtown, Inc. an opportunity to address concerns. Mayor Pro Tern Alvarez continued item to the October 3, 2011 City Council Meeting. COMMENTS 90A CITY MANAGER'S COMMENTS • Interim City Manager Walters noted that he has met with all City departments to discuss status of City finances; has received positive feedback. 90B CITY COUNCILMEMBER COMMENTS Councilmember Tijanero: • Commented on budget and need to continue dialogue with labor groups, decisions within 30-60 days. Councilmember Benavides: • Tough budget decisions to be made; • Annual Fiestas Patrias event and parade was great success; thanked all for efforts, • Encouraged all to attend a Walk-A-Thon and Resource Fair at Madison Park on Saturday, September 24th; • Planning and Building Executive Director, Jay Trevino announced event at Centennial Park to hold communit workshops on the Harbor Boulevard Plan on Saturday, September 24 h; and • Encouraged residents to engage in civic activity throughout the City. Councilmember Martinez: • Represented the Mayor and City Council in the welcoming ceremony for HUD Assistant Secretary, Mercedes Marquez held at Willard neighborhood; • City held Fiestas Patrias over the weekend in celebration of Hispanic Heritage Month; thanked Parks and Recreation, promoters, and all for success; • Thanked Planning and Building Agency for Harbor Blvd. Corridor area project and efforts to have project transparent; • Senator Correa hosting a Health and Fitness event at Valley High School on Saturday, September 24th; and • Congratulated Walker Elementary for winning Governor's Fitness Challenge competition. CITY COUNCIL MINUTES 23 SEPTEMBER 19, 2011 Mayor Pro Tern Alvarez: • Fiestas Patrias had high attendance; thanked all who participated in success and to Police Chief Walters for leading parade on horse; and • Thanked Interim City Manager and executive management team for tough budget decisions. ADJOURNED- 9:54 P.M. - The next meeting of the City Council is scheduled for Monday, October 3, 2011 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 24 SEPTEMBER 19, 2011