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HomeMy WebLinkAbout2015-07-07 RegularMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JULY 7, 2016 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:13 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor VINCENT F. SARMIENTO, Mayor Pro Tern ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ SAL TINAJERO COUNCILMEMBERS Absent: ROMAN A. REYNA 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 5:14 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: • Jesus De La Barcena v. City of Santa Ana; Workers' Compensation Appeals Board Case No. ADJ8423148 CITY COUNCIL MINUTES 1 JULY 7, 2015 • Victor Romo vs. City of Santa Ana; Workers' Compensation Appeals Board Case No: 1.) ADJ8375059; 2.) ADJ8226990; 3.) ADJ7721885; 4.) ADJ9436625 • Melissa Cortez, et al., v. City of Santa Ana, Orange County Superior Court Case #30-2014-00712370 • Tarune Dillion, et al., v. City of Santa Ana, Orange County Superior Court Case #30-2015-00786940 *Mayor Pulido and Councilmember Tinajero reported a conflict of Interest, left the Conference Room and did not participate in deliberation of said item. 2. CONFERENCE WITH LEGAL COUNSEL -- POTENTIAL LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9 of the Government Code: (Business Improvement District) *Mayor Pulido and Councilmember Martinez reported a conflict of Interest, left the Conference Room and did not participate in deliberation of said item. 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Address of Property: Centennial Education Center 2900 W. Edinger Avenue Santa Ana, CA 92704 Negotiators: City Manager David Cavazos, Parks, Recreation & CoMartinezunity Services Agency Director Gerado Mouet and Chancellor of the Rancho Santiago Community College District (RSCCD) Raul Rodriguez Terms: Price and Terms of Lease 4. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Employee Organizations: Personnel Services Executive Director, Ed Raya Santa Ana Police Officers Association (POA) Santa Ana Police Management Association (PMA) Service Employees' International Union (SEIU) Full -Time Employees Service Employees' International Union (SEIU) Part-time Civil Service Employees CITY COUNCIL MINUTES 2 JULY 7, 2016 Confidential Association of Santa Ana (CASA) Santa Ana Management Association (SAMA) Agency Negotiator: City Manager, David Cavazos Employee Organizations: Executive Management (EM) CLOSED SESSION REPORT - See Item 19A for any reportable actions. ADJOURNED THE CLOSED SESSION MEETING AT 6:14 P.M. AND CONVENED TO THE REGULAR OPEN MEETING. CITY COUNCIL MINUTES 3 JULY 7, 2015 REGULAR OPEN MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:16 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor VINCENT F. SARMIENTO, Mayor Pro Tern ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ SAL TINAJERO PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS COUNCILMEMBERS Absent: ROMAN A. REYNA STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO DAVE MITCHELL, POLICE CHAPLAIN EXCEPTIONAL SERVICE AWARD presented by MAYOR PULIDO to Luis Fernandez for his outstanding contributions to the City of Santa Ana's Artists Village. PROCLAMATION presented by MAYOR PULIDO to Glen and Julie Stroud for their outstanding contributions to the City of Santa Ana and CERTIFICATES OF RECOGNITION to the following Com-Link Neighborhood Hero Winners for their commitment to improving the quality of life in their neighborhoods. Rosa Maria Pizano; Jesus Oropeza; Bill Mann; Alice Duran; Oscar Martinez; Selica Diaz; Trisha Torres Morales; Andree L. Weger; Tere Parker; Alex Rivas; Rom Lozares; Mike Ekstrom; Hector Espinoza; Orlando Quintana; Susan van der Roest; Mika Denny; Patricia Michel. CITY COUNCIL MINUTES 4 JULY 7, 2015 PROCLAMATION presented by MAYOR PULIDO, MAYOR PRO TEM SARMIENTO AND COUNCILMEMBERS AMEZCUA, BENAVIDES, MARTINEZ AND TINAJERO to the Lesbian, Gay, Bisexual and Transgender (LGBT) Center of Orange County in recognition of the U.S. Supreme Court's landmark ruling on marriage equality in America. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to Emily Tavares and Cesar Pompa, Winners of the City of Santa Ana and Santa Ana Unified School District's Pedestrian and Bicycle Safety Contest. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to Santa Ana students who participated in the California State University of Fullerton's Upward Bound Program. Santiago Alva; Abigail Alvarado; Daniel Alvarado; Brisa Amigon; Jennifer Antunez; Cristian Araujo; Cesar Baranda; Esmeralda Bucio; Amanda Chhouk; Alize Corrales; Starr Corrales; Bryan Duran; Aitxa Fuentes; Victor Garcia; Verenice Gomez; Daisy Gonzalez; Hailey Guerrero-Pineda; Joseph Hernandez; Karinna Hernandez; Luis Jimenez; Polett Juarez; Diego Martinez; Patricia Morales; Andrea Moran; Sophia Narro; Melany Noyola; Melissa Palmerin; Monserratt Pena; Breanna Perez; Daniel Perez; Andrea Picazo; Itzel Rivas; Diana Salgado; Karen Salgado; Erik Sanchez; Milene Sil. CLOSED SESSION REPORT - See Agenda Item 19A for Closed Session Report. PUBLIC COMMENT • David Tingler and Clarence Turner, spoke on Agenda Item 12A, thanked staff for supporting efforts. CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations on Consent Calendar items 10A through 29B, with the following modifications: • Councilmember Martinez pulled Agenda Items 25B, 25C, 25D, and 29B for separate action; • Councilmember Amezcua pulled Agenda Item 23C for separate action; • Councilmember Benavides pulled Agenda Items 19C and 19D for separate action; CITY COUNCIL MINUTES 5 JULY 7, 2015 • Mayor Pro Tern Sarmiento reported a potential conflict of interest due to proximity of family property and abstained on Agenda Item 25C; and • Mayor Pulido reported that out of an abundance of caution will abstain on Agenda Item 25B. MOTION: Tinajero SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Pulido, Martinez, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Reyna(1) ADMINISTRATIVE MATTERS MINUTES 10A. MINUTES FROM THE REGULAR MEETING OF JUNE 16, 2015 {STRATEGIC PLAN NO. 5, 11 - 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 SECOND READING: APPROVAL OF CITY BUDGET FOR FISCAL YEAR 2015-2016 {STRATEGIC PLAN NO. 5, 1} - Finance Management Services Agency Placed on first reading at the June 16, 2015 City Council meeting and approved by a vote of 7-0". (Mayor Pulido and Councilmember Martinez voted "No" on specified sections of the budget as noted in discussion held June 16, 2015). Published in The Notice on June 26, 2015. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS-2878 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROPRIATING MONIES TO THE CITY COUNCIL MINUTES 6 JULY 7, 2015 SEVERAL OFFICES, AGENCIES AND DEPARTMENTS OF THE CITY FOR FISCAL YEAR BUDGET PERIOD COMMENCING JULY 1, 2015 NOTICE OF PUBLIC HEARINGS 12A. RESOLUTION OF INTENTION TO FORM THE WARNER INDUSTRIAL COMARTINEZUNITY ASSESSMENT DISTRICT AND AGREEMENT WITH FIELDMAN, ROLAPP & ASSOCIATES FOR FINANCIAL ADVISORY SERVICES (NON -GENERAL FUND) {STRATEGIC PLAN NO. 6, 1G)- Public Works Agency MOTION: 1. Adopt a resolution. RESOLUTION NO. 2015-030 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA DECLARING INTENTION TO ORDER THE ACQUISITION OR CONSTRUCTION OF CERTAIN IMPROVEMENTS IN PROPOSED ASSESSMENT DISTRICT NO. 2015-01 (WARNER INDUSTRIAL COMMUNITY); DECLARING THE IMPROVEMENTS TO BE OF SPECIAL BENEFIT; DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS 2. AGMT NO. 2015-123- Authorize the City Manager and Clerk of the Council to execute an agreement with Fieldman, Rolapp & Associates, subject to non -substantive changes approved by the City Manager and City Attorney, to provide professional financial advisory services to facilitate assessment district formation, for a period expiring on December 31, 2016, with provision for one, one-year extension exercisable by written authorization of the City Manager and City Attorney, in an amount not to exceed $36,000. BOARDS / COMMISSIONS / COMMITTEES 13A. COUNCIL COMARTINEZITTEES — AGENDA MINUTES {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office MOTION: Receive and file NAME MEETING DATE Legislative (Cancelled) 06/24/2015 Development and Transportation 06/25/2015 Code Conduct and Ethics (Cancelled) 06/30/2015 CITY COUNCIL MINUTES 7 JULY 7, 2015 Development and Transportation (Cancelled) 07/02/2015 MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office MOTION: Approve settlement agreements, as follow: 1. CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: • Jesus De La Barcena v. City of Santa Ana; Workers' Compensation Appeals Board Case No. ADJ8423148 — Settlement in the amount of $32,827 (approved by 5-0 vote with Tinajero and Reyna absent) Victor Romo vs. City of Santa Ana; Workers' Compensation Appeals Board Case No: 1.) ADJ8375059; 2.) ADJ8226990; 3.) ADJ7721885; 4.) ADJ9436625 - Settlement in the amount of $15,000 (approved by 5-0 vote with Tinajero and Reyna absent) • AGMT NO. 2015-132 - Melissa Cortez et al. v. City of Santa Ana, Orange County Superior Court Case #30-2014-00712370 - Settlement in the amount of $100,000 (approved by 5-0 vote with Tinajero and Reyna absent) 19B. EXCUSED ABSENCES — Clerk of the Council Office MOTION: Excuse the absence of Councilmember Reyna from the July 7, 2015 City Council Meeting. 19C.1AUTHORIZE PHASE TWO OF THE PILOT UTILITY CABINET PROGRAM {STRATEGIC PLAN NO. 5, 5131 - CoMartinezunity Development Agency Arts and Culture Commission approved recommended action on June 18, 2015, by a vote of 5-0 (Alvarado and Gomez absent). MOTION: Authorize Community Development Agency staff to release Phase Two of the Pilot Utility Cabinet Program application, subject to non -substantive changes. MOTION: Benavides SECOND: Martinez CITY COUNCIL MINUTES 8 JULY 7, 2015 VOTE: AYES: NOES: ABSTAIN: ABSENT: Amezcua, Benavides, Sarmiento, Tinajero (6) None (0) None (0) Reyna (1) MOTION: Receive and file. MOTION: Benavides VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Martinez Amezcua, Benavides, Sarmiento, Tinajero (6) None (0) None (0) Reyna (1) BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS Martinez, Pulido, Martinez, Pulido, 20A. ACCEPTING SUPPLEMENTAL LAW ENFORCEMENT SERVICES ACCOUNT (SLESA) FUNDS {STRATEGIC PLAN NO. 1, 313} - Police Department MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2016-02 - Recognizing $306,172.45 in the FY 2014-15 Supplemental Law Enforcement Services revenue account and appropriate same to the grant expenditure account for special enforcement and gang detail overtime. CITY COUNCIL MINUTES 9 JULY 7, 2015 20B. APPROPRIATION ADJUSTMENT AND AGREEMENT ACCEPTING OFFICE OF TRAFFIC SAFETY, SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) PROGRAM GRANT FUNDS {STRATEGIC PLAN NO. 1, 3B} - Police Department MOTION: 1. AGMT NO. 2015-124 - Authorize the City Manager and Clerk of the Council to execute a one-year agreement with the State Office of Traffic Safety, for the period of October 1, 2015 through September 30, 2016, in an amount not to exceed $343,480 subject to non -substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2016-03 - Recognizing State of California, Office of Traffic Safety, STEP Grant funds in an amount of $343,480 (Grant No. PT16124) in the Office of Traffic Safety revenue account and appropriate same to expenditure accounts. SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. SPEC. NO. 15-035 - ACQUISITION AND INSTALLATION OF WORKSHOP BENCHES AND LOCKERS {STRATEGIC PLAN NO. 6,2131 (Public Works Agency) - Finance & Management Services MOTION: Authorize a one-time purchase and payment of purchase order to LeDoux Industries Inc. in an amount not to exceed $72,207, subject to non -substantive changes approved by the City Manager and City Attorney. PROJECTS/CHANGE ORDERS 23A. AWARD CONTRACT FOR CONSTRUCTION OF EL SALVADOR PARK IMPROVEMENTS (PROJECT 14-7540) {STRATEGIC PLAN NO. 6, 1B & G} - Public Works Agency; Parks, Recreation & CoMartinezunity Services Agency; and CoMartinezunity Development Agency MOTION: 1. Authorize the City Manager and the Clerk of the Council to execute a contract awarded to ACE CD, Inc., the lowest responsible bidder, in accordance with the unit bid prices, totaling $318,344.98, for construction of El Salvador Park CITY COUNCIL MINUTES 10 JULY 7, 2016 Improvements, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Approve the Project Cost Analysis for a total estimated project delivery cost of $410,172. 23B. AWARD CONTRACT FOR CONSTRUCTION OF MEMORIAL PARK SECURITY LIGHTING (PROJECT 14-7515) {STRATEGIC PLAN NO. 6, 16, 1G} - Public Works Agency; Parks, Recreation & CoMartinezunity Services Agency; and CoMartinezunity Development Agency MOTION: 1. Authorize the City Manager and the Clerk of the Council to execute a contract awarded to Green Giant Landscape Inc., the lowest responsible bidder, in accordance with the unit bid prices, totaling $334,500, for construction of the Memorial Park Security Lighting Project, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Approve the Project Cost Analysis for a total estimated project delivery cost of $430,415. Mayor Pro Tern Sarmiento, would like staff to conduct thorough inspection of street work and warranty period. MOTION: 1. Authorize the City Manager and the Clerk of the Council to execute a contract awarded to All American Asphalt, the lowest responsible bidder, in accordance with the Base Bid totaling $2,150,000, for construction of the Local Street Slurry Seal 2014- 15 Project, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Approve the Project Cost Analysis for a total estimated project delivery cost of $2,902,500. MOTION: Amezcua VOTE: AYES: SECOND: Benavides Amezcua, Benavides, Sarmiento, Tinajero (6) Martinez, Pulido, CITY COUNCIL MINUTES 11 JULY 7, 2015 NOES: None (0) ABSTAIN: None (0) ABSENT: Reyna (1) AGREEMENTS 25A. AGMT NO. 2015-125 - ANIMAL LICENSE FEE COLLECTION PROGRAM OF NEW AND DELINQUENT LICENSE FEES AND PENALTIES {STRATEGIC PLAN NO. 7, 5F} — Finance & Management Services MOTION: Authorize the City Manager and the Clerk of the Council to execute an agreement with Civic Collection, Inc. (CCI), subject to non -substantive changes approved by the City Manager and City Attorney, for collection for a one year period (July 1, 2015 to June 30, 2016) with provisions to extend an additional year (July 1, 2016 to June 30, 2017) upon a written request executed by the City Manager. 25B. AGMT NO;. 2015-126 - STREET TREE MAINTENANCE SERVICES; {STRATEGIC PLAN. NO. 6, ,1 B„1 C, 1 F & 7, 5A} - Public,:Works Agency; Parks,;;; Recreation & Community, Services Agency; and Odd' munity Development Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with West Coast Arborists, Inc., subject to non -substantive changes approved by the City Manager and City Attorney, for a two-year period expiring June 30, 2017, with provisions for two, two-year renewal options exercisable by the City Manager and City Attorney, in an amount not to exceed $1,082,516 annually. MOTION: Martinez SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Martinez, Sarmiento, Tinajero (5) NOES: None (0) ABSTAIN: Pulido (1) ABSENT: Reyna (1) *Mayor Pulido abstained due to potential conflict of interest CITY COUNCIL MINUTES 12 JULY 7, 2015 Councilmember Martinez, staff to monitor and update OC Streetcar related websites to keep the public informed with the latest progress of the project. MOTION: Authorize the City Manager to execute a Memorandum of Understanding between the Orange County Transportation Authority and the City of Santa Ana that defines the understanding of the general terms, conditions, and funding responsibilities for the design, right-of-way acquisition, construction, and operations and maintenance of the Santa Ana/Garden Grove Streetcar Project. MOTION: Martinez SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Tinajero (5) NOES: None (0) ABSTAIN: Sarmiento (1) ABSENT: Reyna (1) *Mayor Pro Tern Sarmiento abstained due to potential conflict of interest MOTION: Authorize the City Manager and the Clerk of the Council to execute an agreement with Cole & Associates, Inc., subject to non - substantive changes approved by the City Manager and City Attorney, for a one-year period beginning July 8, 2015, and expiring June 30, 2016, with provision for one, one-year extension exercisable by the City Manager and City Attorney, in a total amount not to exceed $531,594, including the renewal period. MOTION: Martinez VOTE: AYES: SECOND: Benavides Amezcua, Benavides, Sarmiento, Tinajero (6) Martinez, Pulido, CITY COUNCIL MINUTES 13 JULY 7, 2015 NOES: None (0) ABSTAIN: None (0) ABSENT: Reyna (1) MISCELLANEOUS - BUDGET 29A. INSURANCE RENEWALS {STRATEGIC PLAN NO. 4, 11 - Personnel Services Agency MOTION: 1. Approve the City's continued membership in the Big Independent Cities Excess Pool from July 1, 2015 to July 1, 2016 at an estimated premium cost not to exceed $1,530,000. 2. Approve the City's continued participation in the Public Entity Property Insurance Program from July 1, 2015 to July 1, 2016 at an estimated premium cost not to exceed $320,000. 3. Approve the City's continued participation in the California State Association of Counties — Excess Insurance Authority's Crime Bond Program from July 1, 2015 to July 1, 2016 at an estimated premium cost not to exceed $11,400. 4. Approve the City's continued participation in the California State Association of Counties — Excess Insurance Authority's Pollution Insurance Program from July 1, 2015 to July 1, 2018 for an estimated three-year premium not to exceed $15,000. 29B REQUEST FOR PROPOSALS FOR A CITY WIDE CREDIT RATING {STRATEGIC PLAN NO. 4, 2B) Finance & Management Services MOTION: Authorize release of proposal for an assessment and citywide credit rating. MOTION: Martinez VOTE: AYES: NOES SECOND: Benavides Amezcua, Benavides, Sarmiento, Tinajero (6) None (0) Martinez, Pulido, CITY COUNCIL MINUTES 14 JULY 7, 2015 ABSTAIN: ABSENT: None (0) Reyna (1) **END OF CONSENT CALENDAR" BUSINESS CALENDAR ITEMS ORDINANCES/FIRST READING 50A. ORDINANCE AMENDING CHAPTER 10 OF THE SPECIAL EVENT REIMBURSEMENT AND SPONSORSHIP SECTION TO INCLUDE CO - SPONSORSHIPS {STRATEGIC PLAN NO. 5,4} — City Manager's Office MOTION: Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS-2879 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, AMENDING SECTION 10- 22.13 OF CHAPTER 10 REGARDING SPECIAL EVENT REIMBURSEMENT AND SPONSORSHIP MOTION: Martinez SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Reyna (1) RESOLUTIONS 55A. APPROPRIATION ADJUSTMENT ACCEPTING DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) FUNDS {STRATEGIC PLAN NO. 1, 3131 - Police Department MOTION: CITY COUNCIL MINUTES 16 JULY 7, 2015 1. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2016-04 - Approve an appropriation adjustment recognizing $99,500 in Department of Alcoholic Beverage Control Grant funds in the grant revenue account and appropriate same to the grant expenditure account. 2. Adopt a resolution. RESOLUTION NO. 2015-031 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER, AND THE CHIEF OF POLICE OR HIS DESIGNEE TO OBTAIN CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL GRANT FUNDS IN THE AMOUNT OF $99,500 AND TO EXECUTE AN AGREEMENT WITH THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL FOR USE OF THOSE FUNDS AND EXECUTE ANY DOCUMENTS OR ASSURANCES NECESSARY FOR OBTAINING THE GRANT FUNDS 3. AGMT NO. 2015-129 - Authorize the City Manager and Clerk of the Council to execute a one-year agreement with the Department of Alcoholic Beverage Control to fund the ABC Grant program, for the period of July 1, 2015 through June 30, 2016, for an amount not exceed $99,500 (State agreement no. 15G-LA38), subject to non -substantive changes approved by the City Manager and City Attorney. MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Sarmiento Amezcua, Benavides, Sarmiento, Tinajero (6) None (0) None (0) Reyna (1) Martinez, Pulido, 55B. ACCEPT PRINTED MATERIALS USED IN COMMUNITY EMERGENCY RESPONSE TEAM (CERT) PROGRAMS PROVIDED THROUGH FY2014 HOMELAND SECURITY GRANT PROGRAM (HSGP) {STRATEGIC PLAN NO. 1, 2F} - Police Department MOTION: 1. Adopt a resolution. CITY COUNCIL MINUTES 16 JULY 7, 2015 RESOLUTION NO. 2015-032 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER, AND THE CHIEF OF POLICE OR HIS DESIGNEE TO OBTAIN 2014 HOMELAND SECURITY GRANT PROGRAM FINANCIAL ASSISTANCE THROUGH THE COUNTY OF ORANGE, AND EXECUTE A TRANSFER AGREEMENT WITH THE COUNTY, DOCUMENTS, AND ASSURANCES THAT MAY BE NECESSARY FOR THE HSGP 2. AGMT NO. 2016-130 - Authorize the City Manager and Clerk of the Council to execute an agreement with the County of Orange for the period of July 1, 2015 through August 31, 2016, for financial assistance by providing printed materials, for an amount not to exceed $6,400, subject ,to non -substantive changes approved by the City Manager and City Attorney. MOTION: Benavides VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Tinajero Amezcua, Benavides, Sarmiento, Tinajero (6) None (0) None (0) Reyna (1) Martinez, Pulido, 55C. DESIGNATE THE CITY OF SANTA ANA AS A RECYCLING MARKET DEVELOPMENT ZONE (RMDZ) {STRATEGIC PLAN NO. 3, 3, C} - Community Development Agency MOTION: 1. Adopt a resolution. RESOLUTION NO. 2015-033 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO DESIGNATE THE CITY OF SANTA ANA AS A RECYCLING MARKET DEVELOPMENT ZONE (RMDZ) 2. Authorize the City Manager to forward the Resolution to the City of Huntington Beach for inclusion in the regional Recycling Market Development Zone application to CalRecycle. MOTION: Martinez SECOND: Benavides CITY COUNCIL MINUTES 17 JULY 7, 2015 VOTE: AYES: Amezcua, Benavides, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Reyna (1) Martinez, Pulido, 55D. ESTABLISH THE APPROPRIATION LIMIT OF THE CITY OF SANTA ANA FOR FY 2015-16 {STRATEGIC PLAN NO. 4, 1 D} - Finance & Management Services MOTION: Adopt a resolution. RESOLUTION NO. 2015-034 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING THE APPROPRIATION LIMIT OF THE CITY OF SANTA ANA FOR FISCAL YEAR 2015 2016 MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Martinez Amezcua, Benavides, Sarmiento, Tinajero (6) None (0) None (0) Reyna (1) Martinez, Pulido, 55E. DISCUSSION AND CONSIDERATION OF A RESOLUTION RELATED TO THE THIRD AMENDMENT TO THE ORANGE COUNTY FIRE AUTHORITY (OCFA) JOINT POWERS AUTHORITY AGREEMENT {STRATEGIC PLAN NO. 1, 5} MOTION: Per Orange County Fire Authority Board of Directors' recommendation, approve the following: 1. Adopt a resolution. RESOLUTION NO. 2015-035 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE THIRD AMENDMENT TO THE ORANGE COUNTY FIRE AUTHORITY CITY COUNCIL MINUTES 18 JULY 7, 2015 AMENDED JOINT POWERS AUTHORITY AGREEMENT, AND AUTHORIZING ITS EXECUTION 2. AGMT NO. 2015-131 - Authorize the City Manager and Clerk of the Council to execute a third amendment to the Joint Powers agreement with Orange County Fire Authority (OCFA), subject to non -substantive changes approved by the City Manager and City Attorney. MOTION: Amezcua VOTE: AYES: NOES: ABSTAIN ABSENT: REPORTS SECOND: Pulido Amezcua, Benavides, Sarmiento, Tinajero (6) None (0) None (0) Reyna (1) Martinez, Pulido, 65A. COUNCIL APPOINTMENT OF A VOTING DELEGATE TO THE LEAGUE OF CALIFORNIA CITIES - Clerk of the Council Office MOTION: Designate Councilmember Martinez as the voting delegate for the League of California Cities' Annual Business Meeting scheduled for October 2, 2015. MOTION: Sarmiento SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Reyna (1) PUBLIC HEARINGS Martinez, Pulido, CITY COUNCIL MINUTES 19 JULY 7, 2015 75A. RECOVERY OF UNCOLLECTED COSTS FOR ABATEMENT OF DANGEROUS AND ABANDONED BUILDINGS {STRATEGIC PLAN NO. 5, 41 - Planning and Building Agency Legal Notice published in the Orange County Reporter June 19, 2014 and notices mailed on June 18, 2014. Mayor Pulido opened the Hearing Hearing closed. MOTION: Adopt a resolution. There were no speakers and the RESOLUTION NO. 2015-036 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING OBJECTIONS TO AND CONFIRMING THE COSTS OF SECURING AND DEMOLITION OF VARIOUS STRUCTURES DECLARED TO BE PUBLIC NUISANCES; MAKING, CONFIRMING AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDERING SUCH COSTS TO BE RECORDED WITH THE ORANGE COUNTY RECORDER MOTION: Martinez SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Reyna (1) 75B. AFFIRM THE WEED ABATEMENT PUBLIC NUISANCE REPORT FISCAL YEAR 2014-2015 (STRATEGIC PLAN NO. 5, 4E} - Public Works Agency Legal Notice published in the Orange County Reporter June 19, 2014 and notices mailed on June 18, 2014. Mayor Pulido opened the Hearing. There were no speakers and the Hearing closed. MOTION: Adopt a resolution. RESOLUTION NO. 2015-037 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONFIRMING THE COSTS OF WEED, RUBBISH AND GARBAGE ABATEMENT: MAKING, CONFIRMING AND CITY COUNCIL MINUTES 20 JULY 7, 2015 LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDERING A COPY THEREOF TO BE FILED MOTION: Tinajero VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Martinez Amezcua, Benavides, Sarmiento, Tinajero (6) None (0) None (0) Reyna (1) Martinez, Pulido, CITY COUNCIL RECESSED AT 8:01 P.M. TO THE HOUSING AUTHORITY MEETING AND RECONVENED AT 8:06 P.M. WITH SAME MEMBERS PRESENT. *Councilmember Benavides left the meeting at 8:40 p.m. and did not return. COMMENTS PUBLIC COMMENTS • Vicente Perez, representing The Academy Charter High, presented recent school project by biology students on negative effects of vaporizers. • Jesus Oropeza, requested "No Parking" signs reinstalled on Sullivan between McFadden and Willits. o Councilmember Benavides, staff to follow up on parking concerns. • Michelle Lee, representing the Wellness Center, spoke against police brutality of mentally ill and African Americans; commented on recent incident. • Arturo Garcia, representing Orange County Board of Supervisor, Andrew Do, extended invitation to attend health fair co -sponsored by Mexican Consulate. • Tish Leon, invited all to upcoming Shakespeare by the Sea's production at Birch Park; requested consideration for banning fireworks in light of activity over the weekend; also, requested formal approval if City Council permanently reducing public comment time limit from 3 to 2 minutes. • Jeannette Zook, employee of Santa Ana Unified School District, supports upcoming joint venture, pleased to have more open fields and library services. • Robert Tseglin, concerned with Orange County mental health services. • Illya Tseglin, concurred with Robert Tseglin's comments. • Joshawn Moore, supports additional personal community services. • Michelle Lee for Michelle Montero, advocate for mentally ill. CITY COUNCIL MINUTES 21 JULY 7, 2015 • Madeleine Spencer, urged City Council and staff to be accountable and ethical; spoke on medical marijuana regulations — opined that City should focus on city affairs and not on federal issues. • Ryan Smolar, consultant for Downtown Inc. and resident, stated need to work together to overcome challenges and continue to build momentum. • Deloise Moore, opined that police officers not trained to deal with people with mental disabilities. • Rob Cook, requested consideration for dignified services for homeless such as showers. • Dylan Thompson, spoke of recent police raid on medical marijuana dispensary; need to be accountable to community by conducting swift and thorough investigation. • Garnet Fiordalish, opposed to proposed cell tower at Portola Park. o City Manager Cavazos noted that staff has tabled consideration of said location indefinitely. • Carl Mark, saddened by untimely passing of Ed Branch — lived up to Comlink motto of improving neighborhood block by block. • Rick Niedermeyer, concerned with slow improvements at Dan Young Soccer complex; would like to be introduced to park ranger staff. 90A. CITY MANAGER'S COMMENTS • City Manager Cavazos reported that City water has met all of the water measurements and standards. • Saturday, July 11th at 10 a.m. will hold a commemoration event for Bike Trail Completion Project and Public Art Sculpture. 90B. CITY COLINCILMEMBER COMMENTS Councilmember Amezcua: • Orange County Fire Authority Battalion Chief Devin Leonard provided update on Drowning Prevention month — Authority working with private foundation to offer free swim classes; • Thanked Police Chief and staff for 4th of July enforcement of illegal fireworks; and • Requested consideration for banning safe and sane fireworks. Councilmember Martinez: • As required by Assembly BiII1234, reported that she attended Annual NALEO Conference in Las Vegas, City paid for airfare and balance by organization; • Humbled to be elected President of NALEO at their annual conference held June 23'd: CITY COUNCIL MINUTES 22 JULY 7, 2015 • League of California Cities considering transportation bill for voter approval — hearing underway at the Senate level; important for local municipalities to get fair share; • Reported that City experiencing high volume of Section 8 voucher application requests; residents spending high percentage on transportation and housing - affordable housing and reliable transportation needs; and • Noted that she does not support safe and sane fireworks; City committed to providing City sponsored fireworks event; cost of overtime have increased; encouraged colleagues to develop better solutions to assist non -profits. Councilmember Tinajero: • Welcomed Dunkin Donuts to the City of Santa Ana; • Noted that non -profits make about $15-20,000 in firework sales; City Council will consider fireworks at the Public Safety Council Committee; need to review non-profit fundraising needs while providing quality of life for residents; and • Commented on rainbow flag that symbolizing marriage equality; staff to review cost to add poll to permanently display at City Hall. Mayor Pro Tern Sarmiento: • Commented on fireworks — need to quantify cost of law enforcement; supports consideration of matter by the Public Safety Council Committee; • Congratulated Councilmember Martinez on being elected President of NALEO — places City on the map at the National level; • Staff to follow up with LA Based hair stylist Vidal Sassoon to arrange for them to provide free haircuts to our homeless population in the Civic Center area; • Reported that Plaza of the Flags in the Civic Center flies the flags of all states in the country including the State of Mississippi - said flag includes Confederate Flag which is offensive symbol of prejudice and division; need to consider removal and possibly replace with flags of cities in the County of Orange; for the record noted that he does not support flying the State of Mississippi's flag; and • Requested adjournment in memory of Conrado Gomez. Mayor Pulido: • Public Safety Committee to re -consider current enforcement and fine cost of illegal fireworks; suggested middle ground approach including use of increased enforcement and technology to address issue — what are other communities doing to address issue? • Adjourned in Memory of James E. Ward — served as City Councilmember and Mayor from 1973-1981. CITY COUNCIL MINUTES 23 JULY 7, 2015 ADJOURNED- 9:16 p.m. — The July 21, 2015 City Council meeting is cancelled. The next regular meeting of the City Council is scheduled for Tuesday, August 4, 2015 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 James E. Ward (former City Councilmember) Conrado Gomez and William Edward "Ed" Branch III M ria Huizar, Clerk of the Coun FUTURE AGENDA ITEMS • Mater Dei High School Parking Structure and School Expansion Project • Community Engagement Plan • Conflict and Interest Code Review CITY COUNCIL MINUTES 24 JULY 7, 2015