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Home My WebLink About2014-09-02 RegularMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA SEPTEMBER 2, 2014 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 4:55 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor SAL TINAJERO, Mayor Pro Tern ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA VINCENT F. SARMIENTO COUNCILMEMBERS Absent: None STAFF Present: DAVID CAVAZOS, 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 4:58 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: 1. CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: CITY COUNCIL MINUTES 1 SEPTEMBER 2, 2014 JOINT ITEM — City of Santa Ana, Successor Agency and Housing Authority: Peebler vs. State of California Superior Court Case No. 34-2012-80001172; Court of Appeal Case No. C073698 JOINT ITEM — City of Santa Ana, Successor Agency and Housing Authority: Cuenca vs. State JOINT ITEM — City of Santa Ana, Successor Agency and Housing Authority: City of Santa Ana vs. Ana Matosantos (DOF) Case No. 34-2013-80001477 Alejandro Munoz v. City of Santa Ana; Workers' Compensation Appeals Board case #ADJ9112699 Diana Estrada v. City of Santa Ana; Workers' Compensation Appeals Board Case # ADJ8302776 Alfred Murillo v. City of Santa Ana; Workers' Compensation Appeals Board Case # ADJ8802565 Kendall Witt v. City of Santa Ana; Workers' Compensation Appeals Board case #ADJ8627035 Brian Nicholas Lytle v. City of Santa Ana, United States District Court Case No. SACV13-1766 DOC(JPRx) Augustine Ruiz and Raymundo Arzola vs. City of Santa Ana, Case No. 30-2014- 007736828-CU-MC-CXC and Claim No. 2014-056 2. CONFERENCE WITH LEGAL COUNSEL — POTENTIAL INITIATION OF LITIGATION Significant exposure to litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code: - Three Cases (Potential Receivership and Civil/Criminal Cases). 3. PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section 54957(b)(1): Titles: Executive Director of Public Works Agency, and Executive Director of Community Development Agency CLOSED SESSION REPORT — See Item 19A. for any reportable actions. ADJOURNED THE CLOSED SESSION MEETING AT 6:28 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 2 SEPTEMBER 2, 2014 CALLED TO ORDER REGULAR OPEN MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:33 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor SAL TINAJERO, Mayor Pro Tern ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA VINCENT F. SARMIENTO PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS COUNCILMEMBERS Absent: NONE STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO GARY TUCKER, POLICE CHAPLAIN 1. EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to: 20 YEARS OF SERVICE Nasser N. Rizk, Senior Engineer, Public Works Agency 25 YEARS OF SERVICE James D. Berwanger, Police Officer, Police Department John G. Rodriguez, Police Officer, Police Department 2. PROCLAMATION AND CERTIFICATES OF RECOGNITION presented by MAYOR PULIDO to the Santa Ana Historical Preservation Society and to Santa Ana community members who are Pioneers in Preservation. CITY COUNCIL MINUTES 3 SEPTEMBER 2, 2014 Ernie Alonzo Jim Gardener Debbie McEwen Linda Sue Ash Paul Giles Lisandro Orozco Guy Ball Jeannie Gillett Lisa Pitsenbarger Eleanor Barton Tim Graber Jean Poppa April Bettendorf Ben Grabiel Ed Power Robert Blethrow Pauline Halloran Nathan Reed LaDonna Bornzin Janelle Hardy Roberta Reed Dr. Dave Chapel Chief James Henery Rob Richardson Phil Chinn Louise Hoffman Tim Rush Rita Corpin Chris Jepsen Phil Schaeffer Ed Cote Colleen Kelley Maxine Schmidl Wayne Curl Toni Kimball Todd Walsh Tina Davidson Alan Lawson Lynn Warner Jeff Dickman Jim Marquez Alison Young Brett Franklin Diann Marsh 3. PROCLAMATION presented by COUNCILWOMAN MARTINEZ in recognition of National Emergency Preparedness Month. CLOSED SESSION REPORT — See Agenda Item 19A for reportable actions from the Closed Session. City Attorney Carvalho reported that over six months ago, the City Council engaged an investigator to look into serious allegations raised against Mayor Pulido through a media report. An investigative report was prepared and sent to the Orange County District Attorney's Office and the Fair Political Practices Commission. The City recently received a request for the report under the California Public Records Act and City declined to release the report based on on -going investigation by both agencies. The Council is committed to transparency and release of the report feeling that more than six months is sufficient time to make a decision, the Council directed that the report be released by September 30th if actions are not filed, while the council continues to be respectful of the law enforcement process, it must also be responsive to its community and believes the public has a right to review this report in due time. Vote approved 6-0 (Pulido abstained). Also, City Manager announced the affirmation of appointments of Kelly Reender and Fred Mousavipour as the Community Development and Public Works Agency directors, respectively. PUBLIC COMMENT • Paul Guzman, spoke of discrimination and other allegations as it relates to gang injunctions. • Tim Houchen, opposes camping ordinance in Civic Center and use of citations for infraction. • Alicia Rojas, member of Occupy Santa Ana, inquired as to City's plan in addressing relocation of homeless to proposed shelter site; storage of personal items need to be addressed; propose ad hoc committee to communicate with homeless; also, opined that City wasting money to enforce medical marijuana dispensaries. • Kandice Hawes, CTSMMBL, spoke on Agenda Item 20A and Work Study Session; urged all to register to vote before October, 2014 deadline; supports voter initiative on the 2014 Election ballot (Measure CC). • Breezy Mae, request public showers open earlier and personal support services available to the homeless; noted that currently restrooms not available over the weekend. • Massimo Marini, spoke of excessive number of citations issued to homeless; propose storage area for personal items of homeless be placed in close proximity to civic center CITY COUNCIL MINUTES 4 SEPTEMBER 2, 2014 area; important to build relationships between police department and individuals; request moratorium on issuing citations to homeless for such infractions. • Gabriela Hernandez, member of Chicano Unidos, spoke of mistrust between Townsend community and police department; request copy of evidence provided to District Attorney. • Vanessa Cerda, commented on lack of resources and programs available in the Townsend neighborhood area; need to unify Santa Anita neighborhood to not allow gang injunction to move forward. • Carolyn Torrez, questioned need for Townsend area gang injunction and posed several questions and concerns regarding same. • Joese Gloria, spoke on Townsend gang injunction; need to solve root of the problems; unite Santa Ana on various issues including homeless shelter. • Dave Hoen, invited all to concert in the park at Morrison Park - tribute to Beatles band performing on September 6th from 6 p.m. to 10 p.m. • Steve Rocco, spoke of recent letters received from City on campaign sign and noted that Orange County Registrar of Voters not allowing his proposed ballot designation. • Connie Hamilton, pleased that City has hired full time emergency management coordinator; invited all to participate in the Com-Link, Connect -to -Council, NeighborWorks Orange County and the Santa Ana Register "An Evening With the Candidates," debate and forum from 7 p.m. to 9 p.m. on September 17th in the Rancho Santiago Community College District Board Room, 2323 N. Broadway; announced that Santa Ana Chamber of Commerce hosting Business Connection Luncheon on October 2nd; also, Youth in Government co -hosting forum with Santa Ana Unified School District in October. • Peter Katz, thanked the Mayor for attending 25th Anniversary of Comlink held at the Bowers Museum last month; attended gang injunction community meeting, opined that additional dialogue needed. • John Grace, OC NORML, spoke in opposition to Agenda Item 20A; medical marijuana dispensary raids have caused frivolous spending; City to spend funds wisely. • Guy Lopez, opined that City funds used on recent medical marijuana raids could be used on other service programs. • Elisabeth Lopez, opposed to Agenda Item 20A; City to spend funds elsewhere. • Sylvia Hernandez, SEIU USWW, spoke of recent action by the City Council that awarded police maintenance contract to non -union contractor. • Jose Rea, spoke in support of shelters in proper locations; proposed location lacked communication with neighborhood and in close proximity to schools. • Susan Sandoval, spoke in opposition of proposed location of homeless shelter, opined that larger facility to house the various services is needed; also, safety plan and more dialogue required. • Irma Rivera, concerned with proposed location of homeless shelter. • Patty McDonald, business owner in close proximity to proposed homeless shelter; opposed to location; no communication received on the matter; urged City reconsider location. • Dora Lopez, recited City's Code of Ethics and Conduct as it relates to protecting community. • Irma Jauregui, concerned with lack of community outreach on proposed homeless shelter location. • Interim Executive Director of Planning and Building Agency, Karen Haluza noted that State approved S132 several years ago; City approved re -zoning area almost a year CITY COUNCIL MINUTES 5 SEPTEMBER 2, 2014 ago; during the drafting of ordinance City reached out to shelter and homeless organizations; County of Orange approved proposed location; businesses reached out when drafting ordinance; site selection made by County; decision ultimately made by the County of Orange Board of Supervisors. County did not notify City until agenda packet sent out on July 13th. • Councilmember Sarmiento noted for the record that he met with staff from Orange County Board of Supervisor Janet Nguyen and sent letter opposing proposed site location of homeless shelter; requested reconsideration of proposed site, need outreach with homeless population and surrounding community. • Karen Drafton, member of Civic Center Roundtable, spoke in support of elderly that are homeless; opposed to camping citations issued. • Cynthia Perez, spoke in support of homeless population. • Larry Haynes, President of Mercy House, noted that proposed homeless shelters are rarely met without opposition; humane services needed; offered to assist with project. • Madeleine Spencer, request community input and participation in all major projects including proposed homeless shelter site. • Douglas Lansphere, spoke of need to approve agenda items in orderly fashion and consider community advocates and needs. CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 10A through 31 D as recommended by staff. • Mayor Pro Tern Tinajero pulled Agenda Item 31 C for separate discussion; • Councilmember Sarmiento pulled Agenda Item 20A for separate discussion and abstained on Agenda Item 25N due to a campaign contribution; • Councilmember Martinez pulled Agenda Item 31A for separate discussion; and • Councilmember Reyna abstained on Agenda Item 10A due to excused absence from meeting and pulled Agenda Item 25A for separate discussion. MOTION: Sarmiento SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Pulido, Martinez, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) ADMINISTRATIVE MATTERS CITY COUNCIL MINUTES 6 SEPTEMBER 2, 2014 MINUTES 10A. MINUTES FROM THE REGULAR OPEN MEETING OF AUGUST 5, 2014 MOTION: Approve Minutes. Councilmember Reyna abstained on Agenda Item 10A due to excused absence from meeting. BOARDS / COMMISSIONS / COMMITTEES 13A. MINUTES FROM THE APRIL 28, 2014 PARKS, RECREATION, EDUCATION AND YOUTH (PREY) COUNCIL COMMITTEE {Strategic Plan No. 5, 11 - Planning and Building Agency MOTION: Receive and file Minutes. 13B. MINUTES FROM THE JUNE 24, 2013; AUGUST 6, 2013; OCTOBER 14, 2013; NOVEMBER 12, 2013; JANUARY 13, 2014; FEBRUARY 24, 2014; AND APRIL 14, 2014 FINANCE, ECONOMIC DEVELOPMENT, & TECHNOLOGY COUNCIL COMMITTEE {Strategic Plan No. 5, 1) - Planning and Building Agency MOTION: Receive and file Minutes. MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office MOTION: Approve settlement agreements. • Diana Estrada v. City of Santa Ana; Workers' Compensation Appeals Board Case #ADJ8302776; Compromise and Release in the amount of $26,000.00 • Alejandro Munoz v. City of Santa Ana; Workers' Compensation Appeals Board Case #ADJ9112699; Stipulated Award valued at $74,416.25, plus lifetime future medical care. • Alfred Murillo v. City of Santa Ana; Workers' Compensation Appeals Board Case #ADJ8802565; Stipulated Award valued at $86,000.00, plus lifetime future medical. CITY COUNCIL MINUTES 7 SEPTEMBER 2, 2014 Kendall Witt v. City of Santa Ana; Workers' Compensation Appeals Board Case #ADJ8627035; Stipulated Award valued at $56,016.34, plus lifetime future medical. 19B. EXCUSED ABSENCES — None 19C. DESTRUCTION OF OBSOLETE CITY RECORDS (Strategic Plan No. 5, 1) — Personnel Services Agency 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 2013-014. The Citywide Records Retention Schedule has specific retention periods for many City documents. The Schedule is modeled after the California Secretary of State's sample for local government and incorporates other statutory periods applicable to Santa Ana. These are minimum retention periods. Each department makes discretionary decisions on whether to retain records past the minimum requirements. 19D. ACCEPTING DONATION FROM ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) A 16-PASSENGER VEHICLE FOR THE SENIOR MOBILITY PROGRAM {Strategic Plan No. 5, 6E) - Parks, Recreation & Community Services Agency MOTION: Recognize the receipt of a 16-passenger vehicle as allowed per Article 2, Paragraph E of the agreement between the Orange County Transportation Authority and the City of Santa Ana for the Senior Mobility Program BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A. APPROPRIATION ADJUSTMENT FOR MEDICAL - MARIJUANA ENFORCEMENT PLAN {Strategic Plan No, 1, 1F) -.Police Department Continued from the August 5, 2014 City Council Meeting by a vote of 4-3) Councilmember Sarmiento, motion to continue matter until after Work Study Session considered, proposed a 2 week continuance. MOTION: Continue consideration of matter for two weeks, to the September 16, 2014 City Council Meeting. CITY COUNCIL MINUTES 8 SEPTEMBER 2, 2014 MOTION: Sarmiento SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Pulido, Martinez, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 20B. APPROPRIATION ADJUSTMENT AND AGREEMENT ACCEPTING 2014 RECOVERY ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS {Strategic Plan No. 1, 3B) - Police Department MOTION: 1. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2015-050 - Recognizing 2014 Edward Byrne Memorial Justice Assistance Grant funding in an amount of $92,001 into the Byrne Justice Assistance revenue account and appropriate same to expenditure account. 2. Authorize the City Manager, Chief of Police, and the Clerk of the Council to execute an agreement, subject to non -substantive changes approved by the City Manager and City Attorney. AGMT NO. 2014-194 With the County of Orange, Sheriff's Department to transfer the 2014 Recovery Act Edward Byrne Memorial Justice Assistance Grant Program funds in an amount of $92,001 for a one year. 20C. APPROPRIATION ADJUSTMENT AND AGREEMENT ACCEPTING OFFICE OF TRAFFIC SAFETY SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT FUNDS (Strategic Plan No. 1, 3B) - Police Department MOTION: 1. Authorize the City Manager and Clerk of the Council to execute an agreement subject to non -substantive changes approved by the City Manager and City Attorney. AGMT NO. 2014-195 — With the State Office of Traffic Safety (Grant Number PT1568) for Selective Traffic Enforcement Program (STEP) Grant funds, in CITY COUNCIL MINUTES 9 SEPTEMBER 2, 2014 an amount not to exceed $363,410 for one year, October 1, 2014 through September 30, 2015. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2015-052 - Recognizing State of California, Office of Traffic Safety, Selective Traffic Enforcement Program (STEP) Grant funds in the amount of $363,410 in the Office of Traffic Safety revenue account and appropriate same to expenditure accounts. PROJECTS/CHANGE ORDERS 23A. CONTRACT AWARD FOR 2014-2015 OMNIBUS CONCRETE REPLACEMENT PROJECT FOR HIGH PRIORITY STREET REPAIRS (PROJECT NO. 156824) {Strategic Plan No. 6, 1B) - Public Works Agency and Parks, Recreation and Community Services MOTION: 1. Award a contract to Bannaoun Engineers Constructors Corporation, the lowest responsible bidder, in accordance with its bid in an amount of $424,875, for the construction of the 2014-2015 Omnibus Concrete Replacement project. 2. Approve the Cost Analysis for a total estimated project delivery cost of $481,186. 3. Authorize the City Manager to execute change orders in an amount not to exceed the total authorized contingency of $8,091. AGREEMENTS 25A. AGMT NO. 2014-196 MEMORANDUM OF UNDERSTANDING TO ESTABLISH A PROCESS TO CONSIDER POTENTIAL JOINT USE OF A PORTION OF THE SANTA ANA ZOO AND THE ELKS BUILDING ASSOCIATION PROPERTY LOCATED AT ELKS LANE AND FIRST STREET {Strategic Plan No. 3, 5A} - Planning and Building Agency Councilmember Reyna, welcomed discussion on expansion and joint use with Elks Lodge. MOTION: Authorize the City Manager and the Clerk of the Council to execute a Memorandum of Understanding (MOU) with the Elks Building Association of Santa Ana, subject to non -substantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES 10 SEPTEMBER 2, 2014 MOTION: Reyna SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Pulido, Martinez, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 25B. AGMT NO. 2014-197 - BARRICADES FOR RENTAL AND INSTALLATION OF TRAFFIC CONTROL EQUIPMENT FOR VARIOUS CITY EVENTS {Strategic Plan No. 5, 5C} - Parks, Recreation & Community Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with California Barricades in an amount not to exceed $75,000, for a term through June 30, 2015, subject to non -substantive changes approved by the City Manager and City Attorney. 25C. AGMT NO. 2014-198 - RENTAL AND INSTALLATION OF EQUIPMENT FOR FIESTAS SANTA ANA EVENT {Strategic Plan No. 5, 5C} - Parks, Recreation & Community Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Al Party in an amount of $49,031, which includes a 15% contingency, for a term to end on September 30, 2014, subject to non - substantive changes approved by the City Manager and City Attorney. 25D. AGMT NO. 2014-199 - STAGE RENTAL AND INSTALLATION FOR FIESTAS SANTA ANA EVENT {Strategic Plan No. 5, 5Cj - Parks, Recreation & Community Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Stage Plus in an amount of $29,785, which includes a 15% contingency, for a term to end on September 30, 2014, subject to non - substantive changes approved by the City Manager and City Attorney. 25E. AMENDMENT TO EMPLOYMENT AGREEMENT FOR CITY MANAGER, CITY ATTORNEY, AND CLERK OF THE COUNCIL {Strategic Plan No.7,41 - City Manager's Office MOTION: CITY COUNCIL MINUTES 11 SEPTEMBER 2, 2014 1. AGMT NO. 2014-200 - Direct and authorize the Mayor and the Clerk of the Council to execute the amendment to Employment Agreement outlining the terms and conditions of the continued appointment of David Cavazos as the City Manager for the City of Santa Ana. 2. AGMT NO. 2014-201 - Direct and authorize the Mayor and the Clerk of the Council to execute the amendment to Employment Agreement outlining the terms and conditions of the continued appointment of Sonia Carvalho as the City Attorney for the City of Santa Ana. 3. AGMT NO. 2014-202 - Direct and authorize the Mayor and the Clerk of the Council to execute the amendment to Employment Agreement outlining the terms and conditions of the continued appointment of Maria Huizar as the Clerk of the Council for the City of Santa Ana. 25F. AGMT NO. 2014-203 - MEMORANDUM OF UNDERSTANDING REGARDING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT WITH POLICE MANAGEMENT ASSOCIATION (PMA) {Strategic Plan No. 7,4,6) - Personnel Services Agency MOTION: Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to adopt a Memorandum of Understanding with the Santa Ana Police Management Association (PMA) for a one-year period ending June 30, 2015 in an amount not to exceed $95,000, subject to non -substantive changes approved by the City Manager and City Attorney. 25G. AGMT NO. 2014-204 - ANIMAL SHELTER SERVICES {Strategic Plan No. 1, 3A) - Police Department MOTION: Authorize the City Manager and Clerk of the Council to execute a one-year agreement with the County of Orange in an amount of $1,123,123 subject to non -substantive changes approved by the City Manager and City Attorney. 25H. JAIL INMATE MEDICAL SERVICES {Strategic Plan No. 1, 3A) - Police Department MOTION: 1. AGMT NO. 2014-205 - Authorize the City Manager and Clerk of the Council to execute a three-year agreement terminating September 30, 2017, with NaphCare, Inc. to provide basic and emergency health care services for Santa Ana Jail inmates, in an amount of $5,971,893, subject CITY COUNCIL MINUTES 12 SEPTEMBER 2, 2014 to non -substantive changes approved by the City Manager and City Attorney. 2. AGMT NO. 2014-206 - Authorize the City Manager and Clerk of the Council to execute a one -month agreement terminating September 30, 2014, with Correctional Managed Care Medical Corporation (CMCMC) in an amount of $139,061 with an contingency not to exceed $56,500 for costs associated with extended liability insurance and employee retention to ensure continuous and compliant medical operations, subject to non -substantive changes approved by the City Manager and City Attorney. 251. AGMT NO. 2014-207 UNDERSTANDING WITH THE SANTA ANA WORK CENTER {Strategic Plan No. 2, 41 - Community Development Agency The Workforce Investment Board approved recommended action on July 17, 2014, by a vote of 17-0 (De La Riva, Didion, Everett, Gonzalez, Jimenez-Hami, Lewis, Maldonado, Martinez, Rutledge, Sanchez, and Su absent). MOTION: Execute an extension of the One -Stop Operator Memorandum of Understanding with the Santa Ana WORK Center as the Comprehensive One -Stop Operator through June 30, 2016, with a one-year extension option, subject to non -substantive changes approved by the City Manager and City Attorney. 25J. UPDATE AGREEMENT WITH GREAT -WEST FOR 457 DEFERRED COMPENSATION SERVICES WITH SUPPORTING FIDUCIARY PROFESSIONAL SERVICES {Strategic Plan No. 7, 4) - Finance & Management Services MOTION: 1. AGMT NO. 2014-208 - Authorize the City Manager and Clerk of the Council to execute an agreement update with Great -West Financial for deferred compensation services for a period of one-year with provision for a one-year extension, subject to non -substantive changes approved by the City Manager and City Attorney. 2. AGMT NO. 2014-209 - Approve execution of the professional services agreement with Benefit Funding Services Group, Inc. (BFSG), for Deferred Compensation Plan Financial Advisory Services for three-year period expiring September 3, 2017, in an annual amount of $20,000; subject to non -substantive changes approved by City Manager and City Attorney. CITY COUNCIL MINUTES 13 SEPTEMBER 2, 2014 3. AGMT NO. 2014-210 - Approve execution of the professional services agreement with Fiduciary Experts LLC, for Plan Participant Education and Fiduciary Services for a period of one-year expiring September 3, 2015, not to exceed $5,000; subject to non -substantive changes approved by City Manager and City Attorney. 25K. AGMT NO. 2014-211 - ANNUAL WEED AND DEBRIS REMOVAL SERVICES (Strategic Plan No. 6, 1 B) - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute a third amendment with Naranjo Landscape, Inc., subject to non -substantive changes approved by the City Manager and City Attorney for a one-year term, expiring August 31, 2015, in an amount not to exceed $207,000. 25L. AGMT NO. 2014-212 - PROVIDE REAL-TIME, TWO-WAY WIRELESS COMMUNICATION, AND CONTINUOUS REMOTE ALARM MONITORING AND MANAGEMENT SERVICES {Strategic Plan No. 6, 1C) - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Hadronex, Inc., subject to non -substantive changes approved by the City Manager and City Attorney, for a three-year period expiring June 30, 2017, with a provision for one two-year renewal option exercisable by the City Manager and City Attorney, in an amount not to exceed $375,000 for the term of the agreement. 25M. AGMT NO. 2014-213 - PROVIDE EDUCATIONAL SERVICES TO SANTA ANA SCHOOLS ON WATER QUALITY, USE, AND CONSERVATION (Strategic Plan No. 5, 6F) - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with the Municipal Water District of Orange County; subject to non -substantive changes approved by the City Manager and City Attorney for the three-year term expiring August 31, 2016, in an amount not to exceed $50,000 per school year. 25N. AGMT NO. 2014-214 - PURCHASE AND SETTLEMENT AGREEMENT FOR THE BRISTOL STREET IMPROVEMENTS (PROJECT NO. 116740 NONGENERAL FUND); PROPERTY LOCATED AT 1401 NORTH BRISTOL STREET (APN 405-272-15) {Strategic Plan No. 6, 1G; 3,2C} - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute a purchase agreement with Vincent R. Parnell and Jeanette Parnell, husband CITY COUNCIL MINUTES 14 SEPTEMBER 2, 2014 and wife, as joint tenants of the property located at 1401 North Bristol Street (APN 405-272-15), in an amount of $331,000, for the full purchase price for said real property and goodwill (if any), subject to non - substantive changes approved by the City Manager and City Attorney. Councilmember Sarmiento, abstained on Agenda Item 25N due to a campaign contribution. 250. AGMT NO. 2014-215 - ADDITIONAL SECURITY GUARD SERVICES AT CITY HALL AND ROSS ANNEX {Strategic Plan No. 1, 1; 7, 1, 6) - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute a third amendment with G4S Secure Solutions (USA) Inc., subject to non - substantive changes approved by the City Manager and City Attorney, increasing compensation by $40,773, for a total amount not to exceed $608,016 per year, expiring on May 31, 2015, under the existing terms and conditions, with the option to extend the agreement for up to two additional one-year terms, exercisable by the City Manager. 25P. LEGAL COUNSEL SERVICES {Strategic Plan No. 4, 3, 361 - City Attorney's Office MOTION: 1. AGMT NO. 2014-216 - Authorize the City Manager and the Clerk of the Council to approve agreement with Carpenter, Rothans & Dumon, LLP for a 3-year period, subject to non -substantive changes approved by the City Manager and City Attorney. 2. AGMT NO. 2014-217 - Authorize the City Manager and the Clerk of the Council to approve agreement with McCune & Harbor, LLP., for a 3-year period, subject to non -substantive changes approved by the City Manager and City Attorney. LAND USE MATTERS CONDITIONAL USE PERMIT/VARIANCES 31A. CONDITIONAL USE PERMIT 'NO. '2013-21 TO ALLOW A TYPE 41 ALCOHOL BEVERAGE CONTROL LICENSE, CONDITIONALUSEPERMIT NO. 2013-22 TO ALLOW AFTER-HOURS OPERATION AND CONDITIONAL USE PERMIT NO. 2013-23 TO ALLOW A BANQUET USE AT LAST CALL ON BROADWAY CITY COUNCIL MINUTES 15 SEPTEMBER 2, 2014 RESTAURANT LOCATED AT 202 NORTH BROADWAY - KAHROBA AYAZI, APPLICANT {Strategic Plan No. 3, 2) - Planning and Building Agency Planning Commission approved recommended action on August 11, 2014, by a vote of 5-0 (Nalle and Yrarrazaval absent). Councilmember Martinez, opposed to after-hours operation. Councilmember Benavides, requested clarification on permit from Interim Executive Director of Planning and Building, Karen Haluza. Interim Director, Haluza noted that permit proposing 2 a.m. closing time. MOTION: Receive and file the staff report approving Conditional Use Permit No. 2013-21, Conditional Use Permit No. 2013-22 as conditioned, and Conditional Use Permit No. 2013-23 as conditioned. MOTION: Benavides SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Pulido, Martinez, Sarmiento, Tinajero (5) NOES: Martinez(1) ABSTAIN: None (0) ABSENT: Reyna(1) 31 B. CONDITIONAL USE PERMIT NO. 2014-17 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR BELLA MARRI'S RISTORANTE ITALIANO AT 1631 EAST SEVENTEENTH STREET, UNIT I — MAGDY TOWFELESS, APPLICANT {Strategic Plan No. 3, 2) - Planning and Building Agency Planning Commission approved recommended action on July 28, 2014, by a vote of 7-0. MOTION: Receive and file the staff report approving Conditional Use Permit No. 2014-17. 31C. CONDITIONAL USE PERMIT NO. 2014-25 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE AND CONDITIONAL USE PERMIT NO. 2014-26 TO ALLOW AFTER-HOURS OPERATION AT SPURGEON SOCIAL LOCATED AT 204 WEST FOURTH STREET — EVAN WHITE, APPLICANT {Strategic Plan No. 3, 2) - Planning and Building Agency CITY COUNCIL MINUTES 16 SEPTEMBER 2, 2014 Planning Commission approved recommended action on August 11, 2014, to adopt a resolution approving Conditional Use Permit (CUP) No. 2014-25 to allow a Type 47 Alcoholic Beverage Control license in order to sell beer, wine and distilled spirits for on -premise consumption by a vote of 5-0 (Nalle and Yrarrazaval absent); and to adopt a resolution approving Conditional Use Permit No. 2014-26 as conditioned to allow after-hours operation by a vote of 4-1 (Mill opposed, Nalle and Yrarrazaval absent). Mayor Pro Tern Tinajero, asked for clarification of request. Interim Director Haluza. noted that CUP requests late night permit to remain open until 4 a.m.; alcohol only sold until 2 a.m. Councilmember Benavides, indicated that several restaurants open 24 hours a day, with limited option to patrons; approval will improve safety and benefit community. Councilmember Sarmiento, noted that police reported 25% more service calls in Downtown area; approval effects area; City to review all impacts including parking and noise in the future; substitute motion to grant CUP until 2 a.m. Councilmember Martinez, commented on recent improvements in the Downtown area; concerned with lack of parking and wi-finding, need to make priority. Councilmember Amezcua, support substitute motion. Mayor Pulido, staff to notify applicants of City's policy; request City Council review in 12 months. SUBSTITUTE MOTION: Grant request from applicant approving Conditional Use Permit No. 2014-25 as conditioned and amend Conditional Use Permit No. 2014-26 to only allow after-hours operation until 2a.m. MOTION: Sarmiento SECOND: Tinajero VOTE: AYES: Amezcua, Benavides Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 31 D. CONDITIONAL USE PERMIT NO. 2014-28 TO ALLOW A TYPE 20 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR BEST WINES AT 1544 CITY COUNCIL MINUTES 17 SEPTEMBER 2, 2014 EAST WARNER AVENUE - MICHAEL CHO, APPLICANT {Strategic Plan No. 3, 2) - Planning and Building Agency Planning Commission approved recommended action on July 28, 2014, by a vote of 7-0. MOTION: Receive and file the staff report approving Conditional Use Permit No. 2014-28. **END OF CONSENT CALENDAR** BUSINESS CALENDAR ITEMS RESOLUTIONS 55A. RESOLUTION - AUTHORIZING A WAIVER OF THE NEW APPLICATION FEE FOR THE PRIVATE PARTY NOMINATIONS OF PROPERTIES TO THE SANTA ANA REGISTER HISTORICAL PROPERTIES AND MODIFICATION OF MILLS ACT AGREEMENT FEES {Strategic Plan No. 5, 31 - Planning and Building Agency Continued from the August 5, 2014 City Council meeting due to a lack of quorum. MOTION: Adopt a resolution. RESOLUTION NO. 2014-050 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING A WAIVER OF THE NEW APPLICATION FEE FOR THE PRIVATE PARTY NOMINATIONS OF PROPERTIES TO THE SANTA ANA REGISTER OF HISTORICAL PROPERTIES AND MODIFICATION OF MILLS ACT AGREEMENT FEES MOTION: Tinajero SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Pulido, Martinez, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 18 SEPTEMBER 2, 2014 55B. RESOLUTION - PROPOSED AMENDMENT TO CLASSIFICATION AND COMPENSATION PLAN AND ANNUAL BUDGET - ADDING TWO FULL TIME RECREATION PROGRAM COORDINATOR POSITIONS' AND ONE FULL TIME RECREATION LEADER POSITION IN THE PARKS, -RECREATION AND COMMUNITY SERVICES AGENCY (Strategic Plan No. 2,2; 5,6) - Personnel Services Agency Continued from the August 5, 2014 City Council meeting due to a lack of quorum. MOTION: Adopt a resolution. RESOLUTION NO. 2014-051 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT ANNUAL BUDGET TO ADD TWO FULL TIME RECREATION PROGRAM COORDINATOR POSITIONS AND ONE FULL TIME RECREATION LEADER POSITION IN THE PARKS, RECREATION AND COMMUNITY SERVICES AGENCY MOTION: Reyna SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Pulido, Martinez, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55C. RESOLUTION - URGING THE GOVERNOR TO SIGN ASSEMBLY BILL 1999, HISTORIC PRESERVATION TAX CREDIT {Strategic Plan No. 3, 3C} — City Manager's Office MOTION: Adopt a resolution. RESOLUTION NO. 2014-052 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF ASSEMBLY BILL 1999 (ATKINS), THE CALIFORNIA ECONOMIC DEVELOPMENT AND HISTORIC PRESERVATION TAX CREDIT ACT MOTION: Sarmiento VOTE: AYES: SECOND: Benavides Amezcua, Benavides, Pulido, Martinez, Reyna, Sarmiento, Tinajero (7) CITY COUNCIL MINUTES 19 SEPTEMBER 2, 2014 NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) * Councilmember Amezcua left the meeting at 9:06 p.m. and did not return. PUBLIC HEARINGS 75A. PUBLIC HEARING — AMENDMENT APPLICATION NO. 2014-03 TO AMEND THE ZONING FROM LIGHT INDUSTRIAL (M1) TO TWO-FAMILY RESIDENTIAL (R2) AND VARIANCE NO. 2014-03 TO ALLOW A REDUCTION IN REQUIRED BUILDING SETBACKS AT 1728 AND 1732 WEST SECOND STREET — MIDOROS, LLC, APPLICANT {Strategic Plan No. 5, 31 - Planning and Building Agency Planning Commission approved recommended action on July 28, 2014 by a vote of 7-0. Legal Notice published in the Orange County Reporter and notices mailed on August 22, 2014. Staff report presented by Interim Planning and Building Executive Director, Karen Haluza AA No. 2014-3, VAR No. 2014-3, 1728 & 1732 W. Second Street Site Location 41" DI F R1 R1 R1 w Cti1 R2 SD17 R2 R2 3RD ST Q 3RD ST R2 z a R3 R2 w R2 R2 W o 3 Q 2ND ST U. R2 21 R2 R2 m[cla§Wn�2� 1� ■ Surrounded by single and multi -family residential, commercial and industrial uses ■ M1 (Light Industrial) Zoning ■ Low -Density Residential (LR-7) General Plan Land Use Designation CITY COUNCIL MINUTES 20 SEPTEMBER 2, 2014 Project Description ■ Requesting a zone change from industrial to residential (both properties) ■ Variance for a reduction of building setbacks to convert existing office into a single-family residence (1732 W. 2"d St.) Planning commission Action / analysis ■ At the July 28th Planning Commission Meeting — • Recommended approval of the zone change to be consistent with surrounding development, neighborhood character and General Plan land use designation • Recommended approval of the variance at 1732 W. 2nd St. due to special circumstances relating to the lot's size and street frontage Mayor Pulido opened the public hearing. The following speaker addressed the City Council: • Douglas Lanphere, opposed zone change; may impact number of businesses allowed if Measure CC approved by the voters. Mayor Pulido closed the Hearing. Council discussion ensued. Councilmember Reyna, asked if proposed change would indeed be affected if Measure CC approved. Interim Director Haluza, clarified that area is surrounded by other residential areas and would not qualify for zone allowed to establish dispensary, if measure approved. MOTION: 1. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS-2870 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 1728 AND 1732 WEST SECOND STREET FROM LIGHT INDUSTRIAL (M1) TO TWO-FAMILY RESIDENTIAL (R2) (AA NO. 2014-03) 2. Adopt a resolution. RESOLUTION NO. 2014 —053 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2014-03 AS CONDITIONED TO ALLOW A REDUCTION IN FRONT AND SIDE YARD SETBACKS FOR THE PROPERTY LOCATED AT 1732 WEST SECOND STREET CITY COUNCIL MINUTES 21 SEPTEMBER 2, 2014 MOTION: Tinajero SECOND: Sarmiento VOTE: AYES: Benavides, Pulido, Martinez, Reyna, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Amezcua (1) 75B. PUBLIC HEARING — CONSIDERATION OF FINAL ENVIRONMENTAL IMPACT REPORT NO. 2011-01 (SCH# 2008041172), FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT MITIGATION MONITORING PROGRAM; VARIANCE NOS. 2012-04(A) AND 2012-04(B) AS CONDITIONED; AND, VESTING TENTATIVE TRACT MAP NO. 2012-02 TO ALLOW A 23-UNIT SINGLE FAMILY DEVELOPMENT AT 1584 EAST SANTA CLARA AVENUE (SEXLINGER FARMHOUSE AND ORCHARD) — CONCORDIA UNIVERSITY AND LUTHERAN HIGH SCHOOL OF ORANGE COUNTY, APPLICANTS {Strategic Plan No. 3, 2; 5, 3 } - Planning and Building Agency Legal Notice published in the Orange County Reporter and notices mailed on August 22, 2014. The Clerk of the Council received written correspondence from Sheppard Mullin dated September 2, 2014. City Attorney Carvalho, stated that written staff report provided to the City Council on recommendations. No presentation provided. Mayor Pulido opened the public hearing. The following speakers addressed the City Council: • Angelika Kotike, request cut de sac in the area to curb school traffic to school. • Jeff Melching, spoke on behalf of the applicant; supports staff recommendations; no new evidence and available to answer question. • Mike Gibbons, represents the applicants and available to answer questions. • Nick Spain, staff report attempts to correct prima facie mistakes; calls into question the entire approval; repair damage; Old Orchard Conservancy has offered to purchase property in the past, but offer not accepted. • Deborah Rosenthal, representing the Old Orchard Conservancy; submitted an objection letter for the record. • Jeannie Gillett, spoke in opposition to staff recommendation; opined that historic and cultural site being destroyed. CITY COUNCIL MINUTES 22 SEPTEMBER 2, 2014 • Steve Ray, concerned with staff recommendation; opined that law does not allow for do-overs on land use matters. Mayor Pulido closed the Hearing. Council discussion ensued. Mayor Pro Tern Tinajero, indicated that Old Orchard Conservancy had opportunity to raise funds; applicant using proceeds for educational programs and benefit schools. Mayor Pulido, commented that Old Orchard Conservancy can still negotiate and purchase property. Councilmember Martinez, opposed to staff recommendation because staff failed to include findings. MOTION; Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT NO. 2011-01 (SCH# 2008041172); ADOPTING THE MITIGATION MONITORING PROGRAM; APPROVING VARIANCE NOS. 2012-04(A) AND 2012-04(B) AS CONDITIONED; AND, APPROVING VESTING TENTATIVE TRACT MAP NO. 2012-02 (COUNTY MAP NO. 17231) AS CONDITIONED FOR THE PROPERTY LOCATED AT 1584 EAST SANTA CLARA AVENUE MOTION: Tinajero SECOND: Benavides VOTE: AYES: Benavides, Pulido, Sarmiento, Tinajero (4) NOES: Martinez, Reyna (2) ABSTAIN: None (0) ABSENT: Amezcua (1) * Mayor Pro Tern Tinajero, left dais at 9:33 p.m. and did not return to the meeting. **City Council proceeded with other matters on the Agenda, but later reconsidered the matter, as follow. ** Mayor Pulido, requested reconsideration of Agenda Item 75B to allow both parties to further negotiate and come to mutual resolution. CITY COUNCIL MINUTES 23 SEPTEMBER 2, 2014 Councilmember Sarmiento, declared that he has potential conflict of interest because his son now attends Orange Lutheran High School and out of an abundance of caution will recuse self from further consideration of matter. MOTION: Reconsider the vote on the motion (to approve Resolution on Agenda Item 75B). MOTION: Pulido SECOND: Sarmiento VOTE: AYES: Benavides, Martinez, Pulido, Reyna, Sarmiento (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Amezcua, Tinajero* (2) Councilmember Benavides, questioned if matter could be reconsidered since Mayor Pro Tern Tinajero and Councilmember Amezcua have left the meeting. City Attorney Carvalho, suggested that matter be re -scheduled to the next meeting; matter could be delayed 2-weeks since proceedings are months away from being finalized. MOTION: Continue consideration of matter to the September 16, 2014 City Council meeting. MOTION: Sarmiento SECOND: Martinez VOTE: AYES: Benavides, Martinez, Pulido, Reyna, Sarmiento (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Amezcua, Tinajero (2) *Mayor Pro Tern Tinajero left dais at 9:33 p.m. and Councilmember Amezcua at 9:06 and were not present when item 75B was reconsidered. 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. DISCUSSION OF BICYCLE REGISTRATION AND TICKETING POLICY (SANTA ANA MUNICIPAL CODE SECTION 10-196 THROUGH 10-209) — (Councilmember Martinez) - Council Item CITY COUNCIL MINUTES 24 SEPTEMBER 2, 2014 Consideration of matter continued from the August 5, 2014 City Council meeting. Council discussion ensued. Police Chief Rojas, addressed council regarding current policy - 700 in database that help identify when stolen; ticketing policy allowed per Santa Ana Municipal Code and California Penal Code; only use as enforcement tool. Councilmember Martinez, suggested voluntary registration and online registration system; City bike friendly; Civic Center area not safe to ride and streets are narrow; need to find win -win solution; work with City Manager and Police Chief to develop policies. City Attorney Carvalho, advised council that an ordinance will need to prepared and presented to council for adoption. MOTION: Direct staff to prepare ordinance to change mandatory bicycle registration to voluntary and support on-line system and return in 45-days. MOTION: Martinez SECOND: Pulido VOTE: AYES: Benavides, Pulido, Martinez, Reyna, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Amezcua (1) * Mayor Pulido requested reconsideration of vote on Agenda item 75B at this time (see Agenda item 75B above for details). CITY COUNCIL RECESSED AT 9:4 P.M. TO THE HOUSING AUTHORITY MEETING AND RECONVENED AT 9:46 P. M. WIT5H SAME MEMBERS PRESENT. WORK STUDY SESSION WS. MEDICAL MARIJUANA DISPENSARY ENFORCEMENT PLAN - City Manager's Office Consideration of matter continued from the August 5, 2014 City Council meeting. CITY COUNCIL MINUTES 25 SEPTEMBER 2, 2014 Presentation by Chief of Police Carlos Rojas and Planning & Building Agency Interim Executive Director Karen Haluza Update from July 15th Meeting * July 1, 2014 — City Council voted to place a competing initiative on November ballot to allow, but regulate, medical marijuana collectives/cooperatives in Industrial zones. * July 15, 2014 — City Council directed staff to: * Create an enforcement task force using current resources * Allocate $500,000 for overtime pay to fund additional enforcement * Identify and prioritize medical marijuana collectives operating illegally for shut down. * August 5, 2014 — Item to formally approve the appropriation adjustment was continued September 2, 2014. Enforcement Update * Operational Focus — SAMC 18-612 Medical marijuana dispensary prohibited * Four Deployments * 126 Arrests (Includes 3 security guards that were in violation of the Business & Professions Code related to their firearms/guard cards * Cases have been submitted to the City Attorney's Office for filing Staff Resources for Enforcement - Three Funding Scenarios Task Force Agencies * City Attorney's Office * Planning and Building Agency * Building Official * Code Enforcement * Building Inspectors * Santa Ana Police Department Scenario 1 — $1 Million Scenario * The staffing allocation in this funding scenario focuses on enforcing both legal and illegal medical marijuana collectives/cooperatives from a land use perspective and as a result predominantly proposes the addition of Code Enforcement and City Attorney staff. One police officer would be utilized to assist and investigate minor criminal violations that would not require extensive investigations or significant resources from the police department. This scenario is developed to achieve compliance through the citation, fines and litigation processes and would include adding: * (2) Code Enforcement Officers * (1) Senior Code Enforcement Officer * (1) Senior Office Assistant * (2) Assistant City Attorneys * (0.5) Combination Building Inspector CITY COUNCIL MINUTES 26 SEPTEMBER 2, 2014 * (1) Police Officer Scenario 2 - $1.5 Million Scenario * Similar to the above scenario, this funding allocation would serve to enhance the land use enforcement model with additional Code Enforcement Inspectors, Building Inspectors and Police Officers. This scenario would include adding: * (3) Code Enforcement Officers * (1) Senior Code Enforcement Officer * (1) Senior Office Assistant * (2) Assistant City Attorneys * (1.5) Combination Building Inspector * (2) Police Officers Scenario 3 - $2 Million Scenario * This funding scenario would provide sufficient resources to develop an enforcement unit within the Police Department to pursue investigations of illegal drug trafficking, money laundering, and other related public safety issues in addition to the Code Enforcement and Attorney's Office enforcement of land use violations. This scenario would include adding: * (3) Code Enforcement Officers * (1) Senior Code Enforcement Officer * (1) Senior Office Assistant * (2) Assistant City Attorneys * (1.5) Combination Building Inspector * (4) Police Detectives Council discussion ensued. Councilmember Martinez, requested clarification as to how many police officers are assigned to industrial and commercial areas. Police Chief Rojas indicated that officers deployed by district areas, but not necessarily assigned to those areas. City Manager Cavazos, recommend City Council provide policy direction on the matter. Councilmember Martinez, noted that various departments play a role in enforcing whatever Ballot Measure is approved at the 2014 General Election. Questioned how staff will regulate the cash -based businesses; will forensic auditor be hired, like City of Oakland? Interim Planning and Building Director indicated that a variety of administrative positions would need to be identified. CITY COUNCIL MINUTES 27 SEPTEMBER 2, 2014 M COMMENTS CITY MANAGER'S COMMENTS • City Manager Cavazos, reported on upcoming Plaza Wellness and VIP Basketball game on September 6, 2014 in Downtown Santa Ana at French and Fourth Street from 8 a.m. to 1 p.m. CITY COUNCILMEMBER COMMENTS Councilmember Reyna: • Invited all to participate in the first 5k run this weekend; • Urged all to conserve water; • Welcome students back to school; wished all good luck in the school year; • Attended Youth Catalina trip last month and apologized for not being able to attend last City Council Meeting - impact on children uncertain but community reaping benefits; • Request status report from staff on Community Development Block Grant fund allocation process; funds to be allocated to non-profit organizations; and • Encouraged all to shop in Santa Ana. Councilmember Benavides: • Thanked all speakers for addressing the City Council on various issues tonight; • Noted that homelessness is tough issue and recognized that most residents opposed to any location proposed - true leadership is doing the right thing on tough issues; security issues important to consider; and • Students back to school and asked all to shop in Santa Ana for all of their school needs. Councilmember Martinez: • Thanked residents for being engaged, request diplomacy and not disrespect police staff; important to build bridges; also, City Council has open door policy; and • Asked all to consume award winning tap water rather than purchase. Councilmember Sarmiento: • Urged all to exercise decorum; • Welcomed incoming Public Works Director; • Stated that homeless issue raises passion and tough decisions; need to minimize impact to community; conveyed that City does not have discretion on site selection; and • Informed that resolution forthcoming on water conservation, alternatives to water replenishment and desalination and water contamination. CITY COUNCIL MINUTES 28 SEPTEMBER 2, 2014 o Water Resources Manager Nabil Sabil commented on Agenda Item 25M; program reaches 13,000 students in the area on conservation; City Council to consider level 1 drought and ask residents to conserve water at following City Council meeting; City has partnership with Metropolitan Water District of Southern California. Mayor Pulido: • Adjourned meeting in Memory of Arcelia Liera. ADJOURNED- 10:24 P.M. - The next meeting of the City Council is scheduled for Tuesday, September 16, 2014 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Adjourn in Memory of Arcelia Liera Maria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Harbor Blvd. Mixed -Use Plan • Solar Permit Fee Waiver • Proactive Rental Enforcement Program Renewal CITY COUNCIL MINUTES 29 SEPTEMBER 2, 2014