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HomeMy WebLinkAbout2014-12-16 RegularMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA DECEMBER 16, 2014 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:15 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor VINCENT F. SARMIENTO, Mayor Pro Tern ANGELICA AMEZCUA (5:19 p.m.) P. DAVID BENAVIDES (5:19 p.m.) MICHELE MARTINEZ ROMAN A. REYNA SAL TINAJERO (5:16 p.m.) COUNCILMEMBERS Absent: None STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR. Clerk of the Council PUBLIC COMMENTS • Alitzel Velasco, spoke in opposition to propose bonus for City Manager; City in need of social programs. • Omar De La Riva, opposed to proposed bonus; suggested another year before matter considered; also concerned with intimidation of security and use of wands at City Council meeting. • Marco Zeferino, concerned with proposed bonus, opined that City services would benefit from funds. • Marcos Rodriguez, no bonus for City Manager, City has low income residents; community in need of safe bike lanes. • Madeleine Spencer, commented on efforts by previous Interim City Manager that allowed community to have additional funds for parks and recreation; opined that bonus not merited after a year; expense accountability has not been shared with community. CITY COUNCIL AGENDA 1 DECEMBER 16, 2014 COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:27 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: 2 k, Lawrence Coleman v. City of Santa Ana; Workers' Compensation Appeals Board case #ADJ9220544 CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Employee Organizations: City Manager, David Cavazos Executive Management (EM) PUBLIC EMPLOYEE - PERFORMANCE EVALUATION pursuant to Section 54957(b)(1) of the Government Code: Title: City Manager 4. PUBLIC EMPLOYEE EMPLOYMENT AND APPOINTMENT pursuant to Government Code Section 54957(b)(1) Title: Planning and Building Agency Director. CLOSED SESSION REPORT - See Item 19A for any reportable actions. ADJOURNED THE CLOSED SESSION MEETING AT 6:26 P.M. AND CONVENED TO THE REGULAR OPEN MEETING. CITY COUNCIL AGENDA 2 DECEMBER 16, 2014 REGULAR OPEN MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:28 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor VINCENT F. SARMIENTO, Mayor Pro Tern ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA SAL TINAJERO 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 ISAIAH DIAZ AND MARTIN SALDANA, WASHINGTON ELEMENTARY SCHOOL DAVID MITCHELL, POLICE CHAPLAIN SPECIAL PRESENTATION to Police Chief Rojas by California Highway Patrol (CHP). CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER TINAJERO to the Saddleback High School Football team for advancing to the 2014 CIF playoffs. Coaches: Head Coach/Athletic Director - Rob Thompson, Offensive Coordinator - Paul Carnegie, Offensive Line Coach - Jerry Witte, Defensive Line Coach - Manny Villa, Linebackers Coach - Pati Tanielu, Quarterbacks Coach - Ramon Saavedra, Defensive Backs Coach - Rory Carpenter, Strength and Conditioning Coach - Ricardo Rosas Players: Hector Barcenas, Jose Benitez, Jesse Cortez, Antonio Davalos, Jonathon Duran, Giovanni Estrada, Eddie Flores, Emilio Garcia, Frankie Garcia, CITY COUNCIL AGENDA 3 DECEMBER 16, 2014 David Goodgame, James Herrera, Juan Huertas, Jacob Jimenez, Pedro Leon, Fernando Lopez, Anthony Luna, Giovanni Medina, Juan Medina, Jesus Morales, Jorge Munoz, Emanuel Oropeza, Eduardo Pasallo, Daniel Porras, Arturo Ramirez, Jonathan Reyes, Chris Rios, Luis Roldan, Alfredo Rosas, Johnny Rojas, Jesus Rosas, Bryan Salcido, Ken Sierra, Sam Tanielu, Chris Thorn, Jorge Valdez, Alexis Vega, and Osvaldo Zuno CLOSED SESSION REPORT - See Agenda Item 19A for Closed Session Report. PUBLIC COMMENT - None CONSENT CALENDAR MOTION: Approve Consent Calendar Items 10A through 29A as recommended by staff, with the following modifications: • Councilmember Tinajero, pulled agenda Item 13A and 13C for separate action; • Councilmember Martinez, pulled Agenda Items 19C, 25A, 25B, and 25C for separate action; • Mayor Pro Tern Sarmiento abstained on Agenda Item 25B due to an economic conflict of interest (represent business owner); • Mayor Pulido, abstained on Agenda Item 25B out of an abundance of caution (proximity to family business); and • City Manager Cavazos noted that staff recommends a continuance on Agenda Item 25A. MOTION: Martinez SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) ADMINISTRATIVE MATTERS Martinez, Pulido, Reyna, CITY COUNCIL AGENDA 4 DECEMBER 16, 2014 MINUTES 10A. MINUTES FROM THE REGULAR MEETING OF DECEMBER 2, 2014 - {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office MOTION: Approve Minutes. 10B. MINUTES FROM THE SPECIAL MEETING OF DECEMBER 9, 2014 - {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office MOTION; Approve Minutes. BOARDS / COMMISSIONS / COMMITTEES Councilmember Tinajero proposed amended motion, seconded by Sarmiento to reappoint 1-5 and 7, as follows: Name Board/Commission 1. Mike McGee Arts and Culture Commission 2. Erika Carranza Board of Recreation & Parks 3. Carl Benninger Environmental & Transportation Advisory Committee 4. Alberta D. Christy Historic Resources Commission 5. Enrique Adame Personnel Board 7. Anais Benavides Youth Commission, Associate Councilmember Benavides noted that as a courtesy the nominees have been approved by the City Council. Councilmember Benavides, introduced a substitute motion, seconded by Councilmember Reyna, as follows: SUBSTITUTE MOTION: members. MOTION: Benavides VOTE: AYES: Approve all board and commission SECOND: Reyna Amezcua, Benavides, Reyna (3) CITY COUNCIL AGENDA 5 DECEMBER 16, 2014 NOES: Martinez, Pulido, Sarmiento, Tinajero (4) ABSTAIN: None (0) ABSENT: None (0) Substitute motion failed. Council discussion continued. Councilmember Tinajero, commented that planning commissioners held to high standards; member nominated for re -appointment has not complied with bylaws. Councilmember Reyna, noted that goal is to allow representatives and voices of the community at the table, important to respect opinions. Mayor Pro Tern Sarmiento, indicated that courtesy extended to nominating Councilmember; concerned because there is cause; issue with disclosure forms; commissioners held to higher standard; commissioners serve at the pleasure of the Council and some have been removed in the past for lesser cause; reportable documents that are mandated should be filed; City Council has discretion not to reappoint. Councilmember Benavides, requested clarification on Ex Parte Communication form that was not filed; commissioner has filed all required forms to date. City Attorney Carvalho, indicated that commissioner has submitted all Ex Parte contact forms as required by the Planning commission; explained purpose of forms and also Fair Political Practices Commission form as required. Mayor Pro Tern Sarmiento requested clarification from City Attorney on purpose of Ex Parte Communication form. Council voted on original amended motion. AMENDED MOTION: Reappoint 1-5 and 7. Name Board/Commission 1. Mike McGee Arts and Culture Commission 2. Erika Carranza Board of Recreation & Parks 3. Carl Benninger Environmental & Transportation Advisory Committee 4. Alberta D. Christy Historic Resources Commission 5. Enrique Adame Personnel Board 7. Anais Benavides Youth Commission, Associate CITY COUNCIL AGENDA 6 DECEMBER 16, 2014 MOTION: Tinajero SECOND: Sarmiento VOTE: AYES: Martinez, Pulido, Sarmiento, Tinajero (4) NOES: Amezcua, Benavides, Reyna, (3) ABSTAIN: None (0) ABSENT: None (0) 13B. NOMINATE SUSAN TUCHLER TO THE PERSONNEL BOARD, RECOMMENDED BY COUNCILMEMBER TINAJERO AS THE WARD 6 REPRESENTATIVE FOR A TERM EXPIRING DECEMBER 11, 2018 (REPLACES J. RAMIREZ) {Strategic Plan No. 5, 1) - Clerk of the Council Office MOTION: Appoint Susan Tuchler to the Personnel Board (Ward 6 Resident). 13C. NOMINATED BY COUNCILMEMBER TINAJERO AS THE WARD 6 REPRESENTATIVES TO VARIOUS BOARDS AND COMMISSIONS FOR A FULL TERM EXPIRING DECEMBER 11, 2018 {STRATEGIC PLAN NO. 5, 1} - Clerk of the Council Office Councilmember Tinajero proposed amended motion, seconded by Martinez to re -appoint 1-4; remove Adrian Sarmiento due to conflict with school schedule, he is unable to continue to serve AMENDED MOTION: Reappoint 1-4 Name Board/Commission 1. Sandra "Pocha" Pena Arts and Culture Commission 2. Maricela Vallejo Board of Recreation & Parks 3. Mark S. McCoughlin Historic Resources Commission 4. Sean Mill Planning Commission 5. Adrian Sarmienie Youth Commission, Associate Councilmember Benavides introduced a substitute motion, seconded by Reyna to reappoint 1-3. Council discussion ensued. Councilmember Benavides, commented that Planning Commissioner nominated for re -appointment inappropriately used City logo for personal benefit and unethical. City Manager Cavazos clarified that Communications Manager had sent letter to commissioner on that matter. CITY COUNCIL AGENDA 7 DECEMBER 16, 2014 SUBSTITUTE MOTION: Reappoint 1-3. Name Board/Commission 1. Sandra "Pocha" Pena Arts and Culture Commission 2, Maricela Vallejo Board of Recreation & Parks 3. Mark S. McCoughlin Historic Resources Commission 4. Sean Moll Planning rn,,,..,is��nn 5. Adrian Sarmoentn Youth Ge ...s'o , Av v mate MOTION: Benavides SECOND: Reyna VOTE: AYES: Benavides, Reyna (2) NOES: Amezcua, Martinez, Pulido, Sarmiento, Tinajero (5) ABSTAIN: None (0) ABSENT: None (0) Substitute motion failed. Council voted on original amended motion. AMENDED MOTION: Reappoint 1-4. Name Board/Commission 1. Sandra "Pocha" Pena Arts and Culture Commission 2, Maricela Vallejo Board of Recreation & Parks 3. Mark S. McCoughlin Historic Resources Commission 4, Sean Mill Planning Commission 5. AAdFian Sarmgento 'Ye hug, G0Fn ,:ssiGR, Associate MOTION: Tinajero SECOND: Martinez VOTE: AYES: Amezcua, Martinez, Pulido, Sarmiento, Tinajero (5) NOES: Benavides, Reyna (2) ABSTAIN: None (0) ABSENT: None (0) Councilmember Tinajero noted that if mistake made, need to rectify immediately to show integrity. Councilmember Amezcua, commented that Council responsible for communication with commissioners. CITY COUNCIL AGENDA 8 DECEMBER 16, 2014 Councilmember Reyna, opined that all commissioners need to be held to the same standard, MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office MOTION; Approve. CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: Lawrence Coleman v. City of Santa Ana; Workers' Compensation Appeals Board case #ADJ9220544; Settlement agreement in the amount of $52,868.79. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: City Manager, David Cavazos Employee Organizations: Executive Management (EM) City Council provided staff direction. 19B. EXCUSED ABSENCES — None Councilmember Martinez thanked City Manager for providing monthly report and requested accountability matrix. MOTION: Receive and file the Strategic Plan Monthly Report for November 2014. MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) CITY COUNCIL AGENDA 9 DECEMBER 16, 2014 ABSENT: None (0) BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A. APPROPRIATION ADJUSTMENT FOR CALIFORNIA BOARD OF STATE AND COMMUNITY CORRECTIONS LAW ENFORCEMENT FUNDING {STRATEGIC PLAN NO. 1, 3B} - Police Department MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2015-111 - Recognizing $642,464 in Board of State and Community Corrections Local Assistance law enforcement funds from the California Board of State and Community Corrections in the Police Block Grants revenue account and appropriate same to the grant expenditure account. 20B. APPROPRIATION ADJUSTMENT AND EXTEND PARTNERSHIP FUNDING AGREEMENTS WITH SOUTHERN CALIFORNIA EDISON AND SOUTHERN CALIFORNIA GAS COMPANY {STRATEGIC PLAN NO. 5, 21 - Public Works Agency MOTION: 1. Authorize the City Manager and Clerk of the Council to execute amendments to partnership agreements subject to non - substantive changes approved by the City Manager and City Attorney. AGMT NO. 2014-351 - With Southern California Edison to extend the term through June 30, 2016, and increase funding allocation by $70,000. AGMT NO. 2014-352 — With Southern California Gas Company, to extend the term through June 30, 2016, and increase funding allocation by $28,000. 2. Approve an appropriation adjustment. (Requires five affirmative votes) CITY COUNCIL AGENDA 10 DECEMBER 16, 2014 APPROPRIATION ADJUSTMENT NO. 2015-108 - Recognizing $70,000 and $28,000 in funding from Southern California Edison and Southern California Gas Company, respectively, and appropriating the same amount to the Public Works Administrative Services Contract Services -Professional account for fulfillment of the partnerships. SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. SPEC. NO. 14-033 - AMENDMENTS - DESKTOP COMPUTERS, LAPTOPS, MOBILE DEVICES & RELATED EQUIPMENT {STRATEGIC PLAN NO. 1, 2A; 2, 3D} (Parks Recreation & Community Services and Police Department) — Finance & Management Services MOTION: Amend the contracts terminating August 4, 2015 in an amount of $320,000, subject to non -substantive changes approved by the City Manager and City Attorney, with the following vendors Direct Manufacturer: Value -Added Resellers: Dell Computer Corp. CDW Government, LLC, CherryStonelT, Inc., Insight Investments, Vology 22B. SPEC. NO. 14-070 - COMMUNITY EDUCATIONAL AND PROMOTIONAL MATERIALS, EMPLOYEE YEARS OF SERVICE AWARDS, AND SILK SCREENING AND EMBROIDERY {STRATEGIC PLAN NO. 7, 21 - Finance & Management Services MOTION: Award a contract to McVicker and Associates, for a one- year period in an annual amount not to exceed $55,000, with provisions for two one-year renewals exercisable by the City Manager, subject to non -substantive changes approved by the City Manager and City Attorney. 22C. SPEC. NO. 14-086 - GLOCK FIREARMS {STRATEGIC PLAN NO.1, 51 (Police Department) - Finance & Management Services MOTION: Award a contract to Proforce Law Enforcement for the purchase of 215 Glock firearms in an amount of $24,500; and an additional $10,000 for an annual blanket order contract for a total amount not to exceed $34,500, subject to non -substantive changes approved by the City Manager and City Attorney. AGREEMENTS CITY COUNCIL AGENDA 11 DECEMBER 16, 2014 25B.,, Matter continued from the November 18, 2014 City Council meeting by a vote of 6-0 (Martinez absent). Mayor Pro Tern Sarmiento, noted that matter discussed at the Development and Transportation Committee; does not support concession agreement only consultant contract to evaluate assets. Councilmember Martinez, concerned with process; request legal analysis of contracts is included in agenda report. MOTION: Matter continued indefinitely at the request of staff. MOTION: Sarmiento SECOND: Martinez VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Councilmember Martinez, asked if staff considering other locations; request matter be re-agendized for review by the Development Committee. City Manager Cavazos, indicated that no other location identified; Downtown Liaison will be reviewing alternative sites. MOTION: Authorize the City Attorney, City Manager, and Clerk of the Council to execute a license agreement with Supreme Parking Service for one year, starting January 1, 2015 with an option to extend the contract an additional two years, for a total of three years. Supreme Parking was selected based on qualifications and terms proposed. This contract will generate $500 per month at approximately $6,000 per year in revenue for the City. MOTION: Martinez SECOND: Reyna CITY COUNCIL AGENDA 12 DECEMBER 16, 2014 VOTE: AYES: Amezcua, Benavides, Martinez, Tinajero (5) NOES: None (0) ABSTAIN: Pulido, Sarmiento (2) ABSENT: None (0) Reyna, Water Resources Manager Nabil Saba, explained purpose and term of agreement. MOTION: Authorize the City Manager and Clerk of the Council to execute a Current Base Purchase Order Agreement with the Metropolitan Water District of Southern California to purchase (Refer to Attachment 2 for rates and charges) imported water during the 10- year period from January 1, 2015, through December 31, 2024, subject to non -substantive changes approved by the City Manager and City Attorney. MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) 25D. AGMT NO. 2014-355 - POWER WASHING AND SWEEPING AT THE SANTA ANA REGIONAL TRANSPORTATION CENTER (SPEC. NO. 14- 079) {STRATEGIC PLAN NO. 6, 1, C) - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with TSCM Corporation, subject to non - substantive changes approved by the City Manager and City Attorney, for a two-year period ending December 31, 2016, with two one-year renewal options exercisable by the City Manager, in an CITY COUNCIL AGENDA 13 DECEMBER 16, 2014 amount not to exceed $40,700 annually, which includes a $5,000 contingency. 25E. AGMT NO. 2014-356 - WATER QUALITY CONSUMER CONFIDENCE REPORT {STRATEGIC PLAN NO. 1, 41 - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Straightline Communications, subject to non -substantive changes approved by the City Manager and City Attorney, for a three-year period expiring December 31, 2017, with one provision for a two-year renewal exercisable by the City Manager and City Attorney, in an amount of $40,000 per year, for a total not to exceed $120,000 for the agreement term. 25F. AGMT NO. 2014-357 - ENGINEERING CONSULTING SERVICES FOR SANTA ANA DELHI DIVERSION PROJECT TO REMOVE ALL POLLUTANT LOADS TRANSPORTED BY NON-STORMWATER DISCHARGES IN THE DELHI AND SANTA ANA GARDENS CHANNELS {STRATEGIC PLAN NO. 5, 2) - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with URS Corporation, subject to non - substantive changes approved by the City Manager and City Attorney, for a three-year period expiring December 2, 2017, with a provision for two one-year extensions exercisable by the City Manager, in an amount not to exceed $550,000. 25G. AGMT NO. 2014-358 - AMENDMENT — SOFTWARE AND MAINTENANCE OF THE INOVAH CASHIERING SYSTEM AND PURCHASE OF HARDWARE AND SOFTWARE DEVELOPMENT OF AN IMAGE CASH LETTER (ICL) SOLUTION {STRATEGIC PLAN NO. 7, 51 - Finance & Management Services MOTION: Authorize the City Manager and Clerk of the Council to amend the agreement with System Innovators, a division of Harris Computer Corporation, for software support and maintenance related to the iNovah cashiering system, to increase the contract amount by $30,000 for purchase of hardware and software development of an Image Cash Letter (ICL) solution, subject to non - substantive changes approved by the City Manager and City Attorney. MISCELLANEOUS - BUDGET CITY COUNCIL AGENDA 14 DECEMBER 16, 2014 29A. AMENDMENT TO THE BLANKET ORDER CONTRACT FOR MAINTENANCE PAINTING SERVICES TO CONTINUE THE ROSS ANNEX FIRST FLOOR REFURBISHING PROJECT {STRATEGIC PLAN NOS. 6, 2; 4, 11 - Finance & Management Services, Planning & Building Agency and Public Works Agency MOTION: Approve an increase of $1,685 in the blanket order contract with 1 Solorio, Inc., for a total amended contract amount of $26,685, to enable processing of the final outstanding invoice. **END OF CONSENT CALENDAR** BUSINESS CALENDAR ORDINANCES/FIRST READING 50A. EMERGENCY ORDINANCE AMENDING SANTA ANA MUNICIPAL CODE (SAMC) SEC. 33-202 AND ADDING 33-206 RELATING TO PAYMENT OF PREVAILING WAGES {STRATEGIC PLAN NO. 1, 3; 7,41 - City Manager's Office MOTION: Adopt an emergency ordinance. (Requires five affirmative votes) ORDINANCE NO. NS-2875 - AN EMERGENCY ORDINANCE OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE SECTION 33-202 AND ADDING 33-206 TO THE SANTA ANA MUNICIPAL CODE RELATING TO PAYMENT OF PREVAILING WAGES MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: RESOLUTIONS SECOND: Pulido Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento (6) None (0) None (0) Tinajero (1) CITY COUNCIL AGENDA 15 DECEMBER 16, 2014 55A. RESOLUTION AUTHORIZING A JOINT APPLICATION FOR FUNDING UNDER THE INFILL INFRASTRUCTURE GRANT PROGRAM FOR THE DEPOT AT SANTIAGO HOUSING PROJECT AT 923 NORTH SANTIAGO STREET {STRATEGIC PLAN NO. 5, 3} - Community Development Agency MOTION: Adopt a resolution. RESOLUTION NO. 2014-084 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR FUNDING UNDER THE INFILL INFRASTRUCTURE GRANT PROGRAM FOR DEPOT AT SANTIAGO; THE EXECUTION OF A STANDARD AGREEMENT IF SELECTED FOR SUCH FUNDING AND ANY AMENDMENTS THERETO; AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE INFILL INFRASTRUCTURE GRANT PROGRAM MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) REPORTS 65A. REVIEW COUNCIL COMMITTEES & APPOINTEES; RECEIVE AND FILE BYLAWS, AND APPROVE 2015 CALENDAR OF MEETING DATES {STRATEGIC PLAN NO. 5, 1} - Clerk of the Council Office Councilmember Martinez, noted for the record that she will not seek reappoint on the Public Safety Committee, Legislative Committee or the Development & Transportation Committee. She would like to continue serving on the Finance, Economic Development and Technology Committee. AMENDED MOTION: Matter continued to the January 20, 2015 City Council Meeting. MOTION: Martinez SECOND: Pulido VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, CITY COUNCIL AGENDA 16 DECEMBER 16, 2014 Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 65B. REVIEW OF REGIONAL BOARD APPOINTEES {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office AMENDED MOTION: Matter continued to the January 20, 2015 City Council Meeting. MOTION: Amezcua SECOND: Pulido VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento (6) NOES: Tinajero (1) ABSTAIN: None (0) ABSENT: None (0) 65C. PILOT HOMELESS PROPERTY STORAGE CHECK -IN CENTER AND ENHANCED PUBLIC RESTROOMS SERVICES {STRATEGIC PLAN 1, 1 G) - City Manager's Office The following addressed the City Council: • Susana Sandoval, representative of Community United for Environmental Justice, supports use of OCTA bus station and expanded restroom services. • Brizy Mae, supports storage facility and expanded restroom hours. • Carlos Brown, shelter to serve the members of the community; use of $96 million to provide needed services. • Massimo Marini, representing Civic Center Roundtable, supports recommendation #1, use of the OCTA Bus Shelter and extended restroom hours; opined that City should be example of homeless services. • Allyson Crosby, representing Illumination Foundation, supports check - in center and just treatment for homeless population. CITY COUNCIL AGENDA 17 DECEMBER 16, 2014 Councilmember Martinez, supports use of OCTA; request hours of operation accommodate the needs of the users and not City Hall business hours; would like the site selection to occur regardless of County commitment. Mayor Pulido, believe there are restrictions with use of OCTA, City to consider the Armory and take pro -active approach in making it a multi- function site. MOTION: 1. AGMT NO. 2014-359 - Authorize negotiations and City Manager authority to enter into an agreement with Mercy House for the operation of a pilot property storage check -in center for use by the homeless in the Civic Center vicinity and allocate a project budget of $54,500 for start-up costs and $136,000 for annual operating expenses for a total amount not to exceed $190,500, subject to approval by the City Attorney, with provision for a one- year extension exercisable by the City Manager. 2. Direct the City Manager to enter into negotiation with the Orange County Transit Authority and the County of Orange to amend the Memorandum of Understanding to extend the public restrooms hours at the Santa Ana Transit Terminal. 3. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2015-112 - Recognizing $205,500 in general fund unassigned fund balance and allocate the same in the General Non -Departmental account. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: PUBLIC HEARINGS SECOND: Benavides Amezcua, Benavides, Martinez, Reyna, Sarmiento, Tinajero (6) Pulido (1) None (0) None (0) 75A. PUBLIC HEARING: AUTHORIZING SUBMISSION OF GRANT APPLICATION TO CALTRANS ELDERLY & DISABLED PERSONS CITY COUNCIL AGENDA 18 DECEMBER 16, 2014 SPECIALIZED TRANSIT PROGRAM AND DESIGNATING CITY'S SIGNATORY ON GRANT DOCUMENTS {STRATEGIC PLAN NO. 5, 2 & 2, 4} - Finance & Management Services and Parks, Recreation & Community Services Agency Legal Notice published in the Orange County Reporter on December 5, 2014. Mayor Pulido, opened the Public Hearing. There were no speakers or written communication. Mayor Pulido closed the Hearing. MOTION: Adopt a resolution. RESOLUTION NO. 2014-086 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING STAFF TO APPLY FOR FEDERAL TRANSIT ADMINISTRATION FUNDING PURSUANT TO 49 U.S.C. SECTION 5310 WITH CALIFORNIA DEPARTMENT OF TRANSPORTATION MOTION: Martinez SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 75B. PUBLIC HEARING - ESTABLISHING FEES FOR MEDICAL MARIJUANA REGISTRATION APPLICATION AND REGULATORY SAFETY PERMIT {STRATEGIC PLAN NOS. 4-2A, 1-1 F} - Planning and Building Agency Legal Notice published in the Orange County Reporter on December 5 2014 and December 12, 2014. Mayor Pulido, opened the Public Hearing. There were no speakers or written communication. Mayor Pulido closed the Hearing. Councilmember Tinajero, requested staff to explain cost. City Manager Cavazos, explained that the cost is recovery based; administrative cost reflected in the fee. CITY COUNCIL AGENDA 19 DECEMBER 16, 2014 Mayor Pro Tern Sarmiento, inquired how comparable our fee structure is with other cities. Staff confirmed that our fees are comparable with other cities. MOTION: Adopt a resolution. RESOLUTION NO. 2014-087 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING FEES FOR THE MEDICAL MARIJUANA REGISTRATION APPLICATION AND THE REGULATORY SAFETY PERMIT IN ACCORDANCE WITH ORDINANCE NUMBER NS-2864 MOTION: Tinajero SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) JOINT SESSIONS OF THE CITY COUNCIL AND THE HOUSING AUTHORITY 80A. HOUSING SUCCESSOR ANNUAL REPORT FOR FY 2013-14 — LOW AND MODERATE INCOME HOUSING ASSET FUND {STRATEGIC PLAN NO. 5, 11 - Community Development Agency Councilmember Martinez, requested staff to compliance with our Housing Element. Executive Director of Community Development Agency Reender, noted that City in full compliance with Element. MOTION: Receive and file. MOTION: Sarmiento SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) CITY COUNCIL AGENDA 20 DECEMBER 16, 2014 ABSENT: None (0) 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. DISCUSS PARK RANGER POLICY DIRECTION AND OPTIONS (Councilmembers Martinez & Reyna) The following spoke on the matter: • Ann Salisbury, urge the City maintain the Park Ranger program, supports parks and recreation programs and partnership programs. • Dave Hoen, concerned with lack of outreach when matter considered by council committees. • Steve McGuigan, concerned with titles and agenda reports not available on council committees, opined that rangers should remain until end of the fiscal year; have expertise needed to handle parks. • Monica Sutter, representing SEIU, concerned that City advertising to recruit to replace annuitants; program should not be eliminated; extend program until end of fiscal year; review policy changes; program has helped the gang activity and have actively and pro -actively worked with the community • Rick Niedermeyer, could cause adverse effect if the park ranger program eliminated; police officers have different perspective of patrons. Councilmember Martinez, concerned that council committee made decision without coming back to full City Council for policy direction; dismantling a program should be City Council action, not staff; request to bring back options for City Council consideration. Councilmember Tinajero, noted that Councilmembers were apprised of situation by City Manager and SEIU was aware. Mayor Pro Tern Sarmiento, agrees with misperception of having armed park rangers; transition to park ambassadors; concerned with liability of carrying weapon. Councilmember Tinajero, commented on armed park ranger program, what is liability? request to have Ambassador Program recruitment begin and provide a 60 day period to support the transition process. Police Chief Rojas, opined that armed park rangers are a liability since they are not POST certified; accountability and transparency different CITY COUNCIL AGENDA 21 DECEMBER 16, 2014 because calls not logged - parallel communication and tracking system of concern; noted that city has full service police department. City Manager Cavazos, noted that program being transferred to police department; recommending 15 part-time ambassadors and one full time police liaison to oversee program; request general direction from City Council to hire park ambassadors to address annuitants and staff to return with options regarding armed and not -armed staff. RECESSED THE CITY COUNCIL MEETING AT 8:23 P.M. AND CONVENE THE HOUSING AUTHORITY MEETING; THE CITY COUNCIL MEETING RECONVENED AT 8:24 P.M. WITH SAME MEMBERS PRESENT PUBLIC COMMENTS • America Najera, spoke on recent police incident; request independent review of check -points; stand in solidarity of Maria and Teresa arrested by the Police. • Michael Klubnikln, noted that Boston Tea Party held over 200 years ago today; concerned with transfer of cases between courts. • Ilya Tseglin, concerned with county social services. • Abraham Medina, attended "My Brother's Keepers Alliance'; would like program to be aligned with City's Strategic Plan. • George Garcia, concerned with changes to park ranger program. • Madeleine Spencer, spoke in support of Chicanos Unidos and Kidworks; need funding for social programs and not restorative justice program; stand against Townsend Gang Injunction and negative labeling. • Dylan Thompson, spoke in support of community oriented policing • Carolyn Torrez, representing Chicano Unidos, spoke against Townsend gang injunction and civil rights violations. • Hairo Cortes, also spoke in opposition to gang injunction; opined that police polarizing issue; supports Cop Watch. • Dulce Saavedra, Youth Empowerment Network, opposed to gang labeling and negative effects on the community; additional social programs needed. • Ramon Campos, represent Kidworks and working collaborative on gang injunction; concerned with status labeled on all members of the neighborhood; need additional social programs. • Benjamin Vasquez, teacher at Valley High School, joined the struggle against Townsend Gang Injunction; open to dialogue and need restorative justice. • Joese Hernandez, opposed to gang injunction; not criminalize youth, but provide community programs; need to invest in our youth; commented on City Manager proposed bonus; request charges on Maria and Teresa be dropped — fighting for CITY COUNCIL AGENDA 22 DECEMBER 16, 2014 immigrant rights and stop undocumented drivers; shared experience at Dia De Los Muertos and intimidation by police officer; need cultural sensitivity training. • Vanessa Cerda, Chicanos Unidos, thanked organizers for awareness; need for respect by officials and community to be heard. • Gaby Hernandez, Chicanos Unidos, noted that Santa Anita neighborhood has had two deaths and Townsend none; stand up for civil rights; need justice and democracy; need to agendize matter for discussion; need to file police complaint. • Brenda Zeferino, does not support City Manager bonus; supports Maria Zacarias and Teresa efforts; spoke of personal incident with his dad where an officer lied under oath about arrest. • Undisclosed, provided allegory of police arrest. • Barbara Lamere, spoke on lack of lighting at park, noted that 10 lights out in tennis courts and playground area; reported matter on November 6t" and has not been fixed; supports current park ranger program. • James Spady, Chicanos Unidos, spoke against gang injunction; need to engage in dialogue; consider all options including after school programs. • Ignacio Rios Jr., representing Santa Ana Boys and Men of Color, noted importance of social and emotional awareness programs. • Isaac Castillo, noted that City motto is "Education First"; need to focus on youth. • Ana Urzua, commented on criminalization and racism; encourage the Police Department to drop charges and change DUI check points; investigate actions; not add additional funds for police force or programs; support restorative justice and repair harm. • Alfonso Alvarez, spoke of need for body video cameras to protect the community and reduce complaints; opposed to gang injunctions; opine that faith based and social organizations need to work together to address the root of the problem. • Robert Sanchez, member of Chicanos Unidos, opposed to gang injunction, not incarcerate youth; need to invest in our community and after -school programs. • Ed Murashie, Connect to Council will host OC Supervisor Forum on January 6th at 7 p.m. and Rancho Community College; opine the best resource is neighborhood association; need to leverage communication gap and get in front of the issue. • Scott Sink, OC May Day Coalition, spoke on recent arrest of observers at DUI checkpoint; need to review content of arrests; wanding erodes trust; City continues to hold ICE detainees; need to get out of deportation and tow business. • Gema Salas, stand in solidarity on missing youth in Mexico; request approval of resolution to protect human rights like City of Pomona; need to protect immigrant laws; police to have sensitivity training; need to understand reason for arrest of Maria and Teresa. • Rick Niedermeyer, thanked City Council for taking time to listen to community; commented on CDBG application process; United States Soccer Federal has grant funds available for synthetic turf; also request City Council adjourn meeting in memory of Carlos Sedano. 90A. CITY MANAGER'S COMMENTS CITY COUNCIL AGENDA 23 DECEMBER 16, 2014 ■ City Manager Cavazos, commented on successful of clean-up at Santiago Creek. 90B. CITY COUNCILMEMBER COMMENTS Councilmember Amezcua: o Thanked OCFA for clean up at Santiago Creek; and o Wished all Happy Holidays and Merry Christmas. Councilmember Reyna: o Urged all to conserve water; o Wished all Happy Holidays, Happy New Year and asked all to be safe; and o Request all shop in Santa Ana. Councilmember Benavides: o Thanked all speakers and noted that he was open to discuss gang injunction; o Wished all a Merry Christmas - important to appreciate family and health; and o Asked all to shop local businesses. Councilmember Martinez: o Merry Christmas and New Year; and o Thanked residents for addressing the City Council and commend all standing up for that they believe in; open to dialogue but must have mutual respect. Councilmember Tinajero: o Expressed support for City Manager, deserves bonus; o Noted that we need to continue to work together and find common ground; and o Wished all a fun time during holiday season. Mayor Pro Tern Sarmiento: o Thanked speakers for addressing a variety of issues; o Thanked staff for hard work; o Wished all a Merry Christmas and Happy New Year. Mayor Pulido: o Merry Christmas and Happy New Year to all; and o Adjourned meeting in memory of Carlos Sedano. ADJOURNED- 9:58 p.m.- The next meeting of the City Council is scheduled for Tuesday, January 20, 2015 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business CITY COUNCIL AGENDA 24 DECEMBER 16, 2014 Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Adjourn in Memory of Carlos Sedano "kZ) t)� Maria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Solar Permit Fee Waiver • Proactive Rental Enforcement Program Renewal • Water and Sewer Rate Update CITY COUNCIL AGENDA 25 DECEMBER 16, 2014