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Home My WebLink About2013-06-17 Regular MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JUNE 17, 2013 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:20 P.M. ATTENDANCE COUNCILMEMBERS Present: ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ VINCENT F. SARMIENTO COUNCILMEMBERS Absent: SAL TINAJERO, Mayor Pro Tern MIGUEL A. PULIDO, Mayor ROMAN A. REYNA STAFF Present: KEVIN O'ROURKE, Interim City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council Quorum was established thru presence of Councilmembers Amezcua, Benavides, Martinez, and Sarmiento. MOTION: Elect Councilmember Martinez as Chair (pursuant to SAMC 2- 101 due to unavailability of Mayor and Mayor Pro Tom). MOTION: Benavides SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Martinez, and Sarmiento (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Pulido, Reyna, Tinajero (3) CITY COUNCIL MINUTES 1 JUNE 17, 2013 PUBLIC COMMENTS - None COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:21 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: 1A CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) • John Doe v. City of Santa Ana; United States District Court Case No. SACV13-696 CJC (RNBx) • City of Santa Ana V. Fred and Brenda Orgeron, et al.; Orange County Superior Court Case No. 30-2013-00630844 1B CONFERENCE WITH LEGAL COUNSEL-THREAT OR ANTICIPATED/POTENTIAL LITIGATION pursuant to Government Code Section 54956.9(b) City of Santa Ana v. Santa Ana California Lodge LLC Property 2909 So. Bristol Street 1 C LIABILITY CLAIMS pursuant to Government Code Section 54956.95 Claimants: 2151 Century Insurance as subrogee for Tony Tong (vehicle owner) Hoang M. Tong (driver), Claim No. 2012-091. 1D PUBLIC EMPLOYEE - APPOINTMENT AND PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1) Title: City Manager 1E CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Ed Raya Employee Organizations: Santa Ana Police Officers Association (POA) and Service Employees' CITY COUNCIL MINUTES 2 JUNE 17, 2013 International Union (SEIU) Full-Time Employees CLOSED SESSION REPORT - See Item 19A. for Report. ADJOURNED THE CLOSED SESSION MEETING AT 6:12 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 3 JUNE 17, 2013 REGULAR OPEN SESSION CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:20 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor (6:37 p.m.) ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA (6:17 p.m.) VINCENT F. SARMIENTO COUNCILMEMBERS Absent: SAL TINAJERO, Mayor Pro Tern STAFF Present: KEVIN O'ROURKE, Interim City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council INVOCATION DOUG HARDIN, POLICE CHAPLAIN PLEDGE OF ALLEGIANCE COUNCILMEMBER SARMIENTO CLOSED SESSION REPORT - See report under Agenda Item 19A. PUBLIC COMMENT • Manuel Pena, commented on need for a Hispanic Affairs Office to enhance relationship between community and Police Department. • Gwenn Norton-Perry, Executive Director of Orange County Council of Governments (OCCOG), introduced self and thanked the City Council for past support; noted that OCCOG now self-standing organization that will focus of sustainable community strategies. • Mathew Southgate, eager to participate in strategic plan; commented on budget, opined that disproportionate amount of funding spent on public safety, City to focus more resources on community services. • Peter Katz, commented on recent event hosted by Metrolink from Santa Ana to San Juan Capistrano; opined that Go-Local Program could be huge success and bring outsiders into community; thanked Councilmember Martinez for promoting public transportation. CITY COUNCIL MINUTES 4 JUNE 17, 2013 • Pocha Pena, Director of OC Film Fiesta, spoke in support of including educational and arts program under strategic plan; City should be tourist destination; consider tourism or cultural council. • Victor Payan, representing OC Film Fiesta, invited all to upcoming free Festival; spoke in support of proposed Business Improvement District (BID); noted that 4th Street is street of dreams with so much to offer; proposed voluntary donation of $.01 in sales take to focus on arts. • Alex Vega, spoke about baseball league monopoly on field appropriations. • Jose Lopez, member of SACReD, thanked the City Council for good job reducing crime, has seen improvements to City since moving in 1990. • Carl Benningan, thanked the City Council for scheduling Public Safety Council Committee meeting; informed all that Comlink will be recognizing "Neighborhood Hero" and "Most Beautiful Yard" awards; thanked Orange County Register for the new Santa Ana Community newspaper. CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 10A through 32C with the following modifications: • Councilmember Martinez pulled Agenda Item 11A, 19D, and 25A for separate discussion. MOTION: Martinez SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) Items removed for separate action or modified are highlighted. Separate actions show the actual vote. Items without votes are adopted as part of the consent motion. ADMINISTRATIVE MATTERS MINUTES 10A MINUTES OF THE SPECIAL MEETING OF MAY 28, 2013 - Clerk of the Council Office CITY COUNCIL MINUTES 5 JUNE 17, 2013 MOTION. Approve Minutes. 10B MINUTES OF THE REGULAR MEETING OF JUNE 3, 2013 - Clerk of the Council Office MOTION: Approve Minutes. 10C MINUTES OF THE SPECIAL MEETING OF JUNE 12, 2013 - Clerk of the Council Office MOTION: Approve Minutes. ORDINANCESISECOND 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 AMENDING SECTIONS 2-155 AND 2-157 OF THE MUNICIPAL CODE - THE SUNSHINE ORDINANCE Placed on first reading at the June 3, 2013 City Council meeting and approved by a vote of 7-0. Published in the Orange County Reporter on June 7, 2013. Correspondence received from SACReD dated June 17, 2013. Councilmember Martinez proposed a one-year moratorium. City Attorney Carvalho indicated that proposed ordinance is not restricted to one year. Councilmember Sarmiento clarified that a one-year time line was his initial request at the previous City Council meeting; one year adjustment to provide staff flexibility in meeting budget outreach and strategic plan deadlines, next year revert to original dates; City to provide target date for outreach meetings, like Budget process, on the Strategic Plan. City Attorney Carvalho recommended approval of ordinance as proposed to avoid violating timeline and amending ordinance at later date with requested changes by City Council. MOTION. Place ordinance on second reading and adopt. ORDINANCE NO. NS-2843 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 2-155 AND 2-157 OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE CITY OF SANTA ANA SUNSHINE ORDINANCE CITY COUNCIL MINUTES 6 JUNE 17, 2013 MOTION: Sarmiento SECOND: Martinez VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) BOARDS I COMMISSIONS 1 COMMITTEES 13A COUNCIL COMMITTEE REPORTS - Public Works Agency MOTION: Receive and file the Development (Land Use) & Transportation Council Committee Minutes of April 22, 2013. MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT - City Attorney's Office MOTION: Approve settlement agreements as follows: • John Doe v. City of Santa Ana; United States District Court Case No. SACV13-696 CJC (RNBx). City Council provided direction to legal counsel. • AGMT. NO. 2013-089 - City of Santa Ana v. Fred and Brenda Orgeron, et al.; Orange County Superior Court Case No. 30-2013-00630844. Settlement authority up to $10,000. • AGMT NO. 2013-090 - Claimants: 21St Century Insurance as subrogee for Tony Tong (vehicle owner) Hoang M. Tong (driver), Claim No. 2012-091. Settlement agreement in the amount of $17,020. 19B EXCUSED ABSENCES - Clerk of the Council Office MOTION: Excuse the absence of Mayor Pro Tem Tinajero from the June 17, 2013 City Council meeting. CITY COUNCIL MINUTES 7 JUNE 17, 2013 19C REQUEST FOR PROPOSALS TO DESIGN-BUILD STREETLIGHT UPGRADES TO REPLACE OBSOLETE HIGH VOLTAGE STREETLIGHTS SYSTEM - Public Works Agency MOTION: Authorize the Public Works Agency to publish a Request for Proposals and invite qualified firms to submit proposals for the design and construction of streetlight upgrades at various city locations where there are obsolete high voltage lighting systems. 19D CANCELLATION OF AUGUST 19, 2013 CITY COUNCIL MEETING;- City Manager's Office Interim City Manager O'Rourke explained that many cities cancel some meetings during summer, and approval/disapproval is at City Council's discretion. Proposed that in January, City Council set meetings for the year and approve any cancellations at that time. MOTION: Direct the Clerk of the Council to post a Notice of Cancellation for the regularly scheduled City Council meeting scheduled for August 19, 2013 and that the City Council hereby waives notice of said meetings as required by the Government Code. MOTION: Martinez SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento, Tinajero (2) BUDGETARY MATTERS SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES MOTION: Award in accordance with Request for Council Action. (Items 22A through 22D) 22A SPEC. NO. 11-009 - VEHICLE TIRES - Renew the contract with Parkhouse Tire, Inc. for a one-year period in an amount not to exceed $120,000 - Finance & Management Services CITY COUNCIL MINUTES 8 JUNE 17, 2013 22B SPEC. NO. 13-027 - HP SUPPORT AND MAINTENANCE CONTRACT FOR ENTERPRISE VIRTUAL ARRAY STORAGE - Award a contract to Govplace in the amount not to exceed $28,900 - Finance & Management Services 22C SPEC. NO. 13-030 - TWO ELECTRIC UTILITY VEHICLES - Award a contract to The Electric Car Company of Long Beach in an amount not to exceed $70,600 - Finance & Management Services 22D SPEC. NO. 13-031 - FIRE ALARM SYSTEMS MAINTENANCE AND TIME CLOCK SUPPLIES - Award a contract to Simplex Grinnell for a one- year period, with provisions for three one-year renewals, in an annual amount not to exceed $50,000 - Finance & Management Services AGREEMENTS 25A AGMT NO. 2013-091 ->BEVERAGE, AND/OR SNACKS SERVICES AT CITY OWNED PROPERTIES - Parks, Recreation Community Services Agency Gerardo Mouet, Executive Director of Parks, Recreation and Community Services noted that vendor will provide 50% healthy snack options. MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Automated Vending Technologies, Inc. (AVT) for a one-year term, with the option of extending the agreement for five additional one-year terms, subject to non- substantive changes approved by the City Manager and City Attorney MOTION: Martinez SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) MOTION: Authorize the City Manager and Clerk of the Council to execute the following agreements, subject to non-substantive changes approved by the City Manager and City Attorney and/or CITY COUNCIL MINUTES 9 JUNE 17, 2013 actions as noted on the Request for Council Action report. (Item 26B through 25E) 25B INSTRUCTORS FOR THE LEISURE SERVICES PROGRAM - Parks, Recreation & Community Services Agency • AGMT NO. 2013-092 - With Martin Torres for Karate Do Kai instructions for a two-year term in an amount of $30,000 per year. • AGMT NO. 2013-093 - With Choc Le for Tae Kwon Do instructions for a two-year term in an amount of $30,000 per year. • AGMT NO. 2013-094 - With Melina Herrera for Care Bear Academy instructions for a two-year term in an amount of $30,000 per year. 25C AGMT NO. 2013-095 - DOWNTOWN GENERAL MAINTENANCE SERVICES AND GUARDRAIL, BOLLARD, AND CHAIN-LINK FENCE REPAIR - With Orange County Contractors Services dba Orange County Mailboxes and Construction for an amount not to exceed $55,000 through June 30, 2014 - Public Works Agency and Community Development Agency 25D AGMT NO. 2013-096 - FATS, OILS, & GREASE PROGRAM MANAGEMENT SERVICES - With Environmental Engineering and Contracting, Inc. for an amount not to exceed $300,000 - Public Works Agency 25E AGMT NO. 2013-097 - MEDIAN LANDSCAPE MAINTENANCE SERVICES - With Mariposa Landscapes, Inc., for a not-to-exceed amount of $628,160 with an option for two, two-year extensions - Public Works Agency TENTATIVE PARCEL/TRACT MAPS 32A TENTATIVE TRACT MAP NO. 2013-01 TO ALLOW A SUBDIVISION FOR CONDOMINIUM PURPOSES FOR A 10-UNIT RESIDENTIAL DEVELOPMENT AT 806 EAST SANTA ANA BOULEVARD - BILL MCREYNOLDS, CITY VENTURES, INC., APPLICANT - Planning and Building Agency Recommended Action approved by the Planning Commission on May 28, 2013 by a 6-0 vote (Yrarrazaval absent). CITY COUNCIL MINUTES 10 JUNE 17, 2013 MOTION: Receive and file the staff report approving Tentative Tract Map No. 2013-01 (County Map No. 17498) as conditioned. 32B TENTATIVE TRACT MAP NO. 2013-02 TO ALLOW A SUBDIVISION FOR CONDOMINIUM PURPOSES FOR AN EIGHT-UNIT RESIDENTIAL DEVELOPMENT AT 620 EAST FIFTH STREET - BILL MCREYNOLDS, CITY VENTURES, INC., APPLICANT - Planning and Building Agency Recommended Action approved by the Planning Commission on May 28, 2013 by a 6-0 vote (Yrarrazaval absent). MOTION: Receive and file the staff report approving Tentative Tract Map No. 2013-02 (County Map No. 17406) as conditioned. 32C TENTATIVE TRACT MAP NO. 2013-03 TO ALLOW A SUBDIVISION FOR CONDOMINIUM PURPOSES FOR A SEVEN-UNIT RESIDENTIAL DEVELOPMENT AT 609 NORTH GARFIELD STREET - BILL MCREYNOLDS, CITY VENTURES, INC., APPLICANT - Planning and Building Agency Recommended Action approved by the Planning Commission on May 28, 2013 by a 6-0 vote (Yrarrazaval absent). MOTION: Receive and file the staff report approving Tentative Tract Map No. 2013-03 (County Map No. 17499) as conditioned. **END OF CONSENT CALENDAR** BUSINESS CALENDAR ITEMS *Councilmember Martinez reported a potential conflict of interest on Agenda Item 12A due to residency within 500 feet of subject area, and left the dais for the duration of discussion. NOTICE OF INTENT TO HOLD A PUBLIC HEARING 12A DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT INTENT TO LEVY ASSESSMENT FOR 2013 - Community Development Agency Recommended Action approved by the Community Redevelopment and Housing Commission on June 4, 2013 by a 5-2 vote (Bist and Sandoval dissenting). CITY COUNCIL MINUTES 11 JUNE 17, 2013 Councilmember Amezcua proposed a continuance since only 21 businesses attended meetings set by City, that invited more than 600 businesses. City Attorney Carvalho indicated that extensive outreach done. Interim Executive Director of Community Development Sandy Gottlieb, indicated that certified letters were sent and hand delivered to those that had returned receipt letters; correspondence sent in Spanish and English on meetings scheduled Councilmember Sarmiento asked for clarification on boundaries. Interim City Manager O'Rourke noted that boundaries same as 1993; Engineering Reports and cost benefit have been done; Councilmember Reyna, encouraged all businesses be contacted. Councilmember Benavides noted that when PBID was disestablished, City made commitment to allow BID to establish if businesses interested. City Attorney clarified that BID was not staff driven; settlement agreement with Downtown Inc. indicated that City to work with all downtown groups; will have $189k of in-kind services to pay if BID does not get approved; concept was to identify 2 groups that promote their type of businesses; downtown merchants group would be separate than entertainment oriented group Mayor Pulido, indicated that when PBID dissolved both groups spoke about benefit of BID; BID approval is business based instead of property based and requires protest vote. MOTION. 1. Approve the 2013 Assessment Report and budget for the Downtown Santa Ana Business Improvement District. 2. Adopt a resolution. RESOLUTION NO. 2013-027 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO LEVY AN ASSESSMENT FOR THE DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT AREA FOR THE YEAR 2013 3. Establish a time and place for a public hearing to be held by the City Council on July 1, 2013 to hear and consider all protests. MOTION: Benavides SECOND: Sarmiento VOTE: AYES: Benavides, Reyna, Pulido, Sarmiento (4) NOES: Amezcua (1) CITY COUNCIL MINUTES 12 JUNE 17, 2013 ABSTAINED Martinez (1) AND NOT PRESENT: ABSENT: Tinajero (1) PROJECTS/CHANGE ORDERS 23A CONTRACT AWARD FOR WESTMINSTER AVENUE SEWER IMPROVEMENTS (PROJECT 126605) - Public Works Agency MOTION: 1. Award a contract to the lowest responsible bidder, Vasilj, Inc., in accordance with the Base Bid, totaling $1,006,281.50 for the construction of Westminster Avenue Sewer Improvements Project. 2. Approve the Cost Analysis for a total estimated project delivery cost of $1,286,219.50. 3. AGMT NO. 2013-098 - Approve the Westminster Avenue Sewer Project Construction and Reimbursement Agreement, subject to non-substantive changes approved by the City Manager and City Attorney with the Garden Grove Sanitary District. MOTION: Sarmiento SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) 23B CONTRACT AWARD FOR MAPLE STREET BIKE TRAIL STORM DRAIN CDS PROJECT (PROJECT NO. 136793) - Public Works Agency MOTION: CITY COUNCIL MINUTES 13 JUNE 17, 2013 1. Award a contract to the lowest responsible bidder, Fleming Environmental, Inc., in accordance with the base bid totaling $153,940 for the construction of the Maple Street Bike Trail Storm Drain CDS Project. 2. Approve the Cost Analysis for a total estimated project delivery cost of $200,122. MOTION: Sarmiento SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) AGREEMENTS (Non-routine) 25F AMENDMENT TO AGREEMENT WITH CLEAR CHANNEL OUTDOOR, INC., AND REQUEST FOR PROPOSALS FOR BUS SHELTER AND BENCH SERVICES - Public Works Agency MOTION: 1. Authorize the Public Works Agency to extend the bus shelter and bus bench services agreement, subject to non-substantive changes approved by the City Manager and City Attorney. AGMT NO. 2013-099 - AMENDMENT - With Clear Channel Outdoor, Inc., for a period not to exceed 12 months, on a month-to-month basis. 2. Approve issuance of a Request for Proposals (RFP) to qualified firms for exclusive bus shelter and bus bench services. MOTION: Sarmiento SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) CITY COUNCIL MINUTES 14 JUNE 17, 2013 ABSENT: Tinajero (1) 25G MANAGEMENT AND OPERATION OF THE CABRILLO TENNIS CENTER - Parks, Recreation & Community Services Agency Continued from the June 4, 2013 City Council meeting by a vote of 7-0. Councilmember Sarmiento motioned for a 2-week continuance for opportunity to discuss augmenting programs offered at site. Councilmember Benavides requested background and overview of tennis center. City Attorney Carvalho proposed a 30-day extension with existing provider to allow for continuation of services. Mayor Pulido commented that additional programs should be considered. Councilmember Sarmiento clarified that current services will remain same and if second provider approved would be through separate agreement or amending contract to include services through non-profit. City Attorney Carvalho indicated that City to include language to allow some type of opener to preserve status quo, however still provide opportunity to amend. Proposed contract includes notice period; once notice of renewal provided would extend term of contract. Councilmember Reyna expressed concern with 5-year contract with extensions allowing up to 20 year contract. AMENDED MOTION: Continue consideration of matter for 2 weeks, (July 1, 2013 City Council Meeting) and approve a 30-day extension with current provider. MOTION: Sarmiento SECOND: Pulido VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) Mayor Pulido left the room at 7:24 p.m. CITY COUNCIL MINUTES 15 JUNE 17, 2013 ORDINANCES/FIRST READING 50A ORDINANCE AND RESOLUTION REGARDING ADMINISTRATIVE FINES RELATING TO CODE ENFORCEMENT VIOLATIONS - Police Department and Planning and Building Agency City Attorney Carvalho and Executive Director of Planning and Building Trevino provided background information on proposed property citation program; resolution brings us in par with neighboring cities' fees and allows stronger tool on enforcement of medical marijuana dispensaries and other matters. MOTION: 1. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. 2845 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 1 OF THE SANTA ANA MUNICIPAL CODE REGARDING SETTING THE AMOUNT OF ADMINISTRATIVE CITATION FINES AND PENALTIES 2. Adopt a resolution. RESOLUTION NO. 2013-028 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SETTING ADMINISTRATIVE FINES FOR VIOLATING PROVISIONS OF THE SANTA ANA MUNICIPAL CODE MOTION: Benavides SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Sarmiento (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Pulido, Tinajero (2) Mayor Pulido returned at 7:26 p.m. RESOLUTIONS 55A ANNUAL STATEMENT OF INVESTMENT POLICY FOR JULY 2013/2014 - Finance & Management Services Agency CITY COUNCIL MINUTES 16 JUNE 17, 2013 Treasury Manager Duarte provided background information on Investment Policy; State establishes guidelines; City has conservative portfolio. MOTION: 1. Adopt a resolution. RESOLUTION NO. 2013-029 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE CITY'S STATEMENT OF INVESTMENT POLICY 2. Receive and file the Annual Statement of Investment Policy. MOTION: Benavides SECOND: Martinez VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) 55B AMENDMENT TO RESOLUTION NUMBER 2001-065 TO PROVIDE FOR CONTINUATION OF ADDITIONAL PARTIALLY-PAID TEMPORARY MILITARY LEAVE OF ABSENCE FOR CITY EMPLOYEES CALLED TO ACTIVE DUTY - Personnel Services Agency MOTION: Adopt a resolution. RESOLUTION NO. 2013-030 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 2001-065 TO PROVIDE FOR CONTINUATION OF ADDITIONAL PARTIALLY-PAID TEMPORARY MILITARY LEAVE OF ABSENCE FOR CITY EMPLOYEES CALLED TO ACTIVE DUTY WITH THE ARMED FORCES AND CONTINUATION OF BENEFITS FOR THEIR DEPENDENTS MOTION: Martinez SECOND: Reyna VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) CITY COUNCIL MINUTES 17 JUNE 17, 2013 ABSENT: Tinajero (1) REPORTS 65A APPOINTMENT OF ALTERNATE MEMBER TO THE ORANGE COUNTY COUNCIL OF GOVERNMENTS (OCCOG) BOARD - Clerk of the Council Office MOTION: Select Councilmember Benavides as an alternate member to the Orange County Council of Governments (OCCOG). MOTION: Sarmiento SECOND: Martinez VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) PUBLIC HEARINGS 75A PUBLIC HEARING - REPORT ON WATER QUALITY RELATIVE TO PUBLIC HEALTH GOALS - Public Works Agency Legal Notice published in the O.C. Reporter on June 7, 2013. Mayor Pulido opened the Hearing. There were no speakers or written communication; and the Hearing closed. Councilmember Sarmiento noted that water issues and pollution hot topic; will have speaker from Orange County Water District at next City Council meeting; would like water report available to public. MOTION: Accept the report on Water Quality Relative to Public Health Goals. MOTION: Sarmiento SECOND: Martinez VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido, Sarmiento (6) CITY COUNCIL MINUTES 18 JUNE 17, 2013 NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) 75B PUBLIC HEARING OPENED AND CLOSED ON JUNE 3, 3013: ORDINANCE AND RESOLUTIONS - ADOPTION OF TWO-YEAR BUDGET FISCAL YEARS 2013-15; MISCELLANEOUS FEE INCREASES AND CITY'S BASIC CLASSIFICATION AND COMPENSATION PLANS - City Manager's Office and Finance & Management Services Agency Legal Notice for public hearing published in the Orange County Register on May 24 and 31, 2013. Ordinance title published in the Orange County Register on June 7, 2013. The City Council approved first reading of ordinance by a vote of 6-0 (Pulido absent) at the June 3, 2013 City Council meeting. Additional correspondence received from SACReD and Washington Square Neighborhood Association dated June 17, 2013. Mayor Pulido accepted additional Public Comment on item: ¦ Rob Richardson, Vice President of Santa Ana Unified School District Board, spoke about need for school district to retain SAUSD Police Chief Valentine. Suggested one-year extension of his assignment at the school district. Joint Council/SAUSD meeting discussed matter; thanked City for partnerships in the past. ¦ Mary Ann Castillo, 30 year resident of City; has volunteered at local schools; reviewed budget and requested more parks and community programs with health and prevention a priority; spoke in Sacramento to legislators about need for such programs. • Veronica Ramirez, representing Kidworks, thanked City for recent accomplishments and request that more funds be appropriated for parks; some streets do not have street signals. ¦ Elizabeth Cervantes, representing Kidworks and Bella Vista Association, thanked Council for improvements at Jerome Park; enjoy seeing residents at park; need programs throughout the year not just summer months. ¦ Juan Carlos Macedo, SACReD member, thanked City for answering all questions on budget; opined that children do not have enough after school programs; budget to focus on early prevention. ¦ Manuela Lopez, SACReD member, spoke about need for additional libraries, safe neighborhoods, transparency in government and community engagement; City to respect undocumented residents; CITY COUNCIL MINUTES 19 JUNE 17, 2013 opposed to Jail's contract with ICE; concerned with Floral Park appropriation of more than $250,000 for improvements; some neighborhoods abandoned like Lacy, important to have Garfield Community Center programming fully funded; build trust with Police Department. ¦ Clark Casler, thanked City Council for efforts in implementing proposal on Sunshine Ordinance; proposed that budget meeting be designated on specific months. ¦ Adrian Munoz, SACReD member, thanked City Council for allowing community to participate in budget process; jail funds to be directed to libraries and youth programs. ¦ Alondra Ampos, SACReD member, concerned with budget allocation to Bowers Museum, ¦ Angie Aparicio, request improvements at Alona Park - security issues and maintenance of bathrooms; lack of open space contribute to obesity; City has made some improvements; but more needed. ¦ Ana Charco, spoke in support of skateboard park. • Miguel Nieto invited all to attend upcoming skate-a-thon event. ¦ Beatrice Fernandez, Santa Ana Skateboarding Coalition, spoke in support of additional skate parks - growing sport; parks are flexible in design and good investment in our youth; consider allocating funds; submitted petition for record. ¦ Jaime Espinosa, park needs improvements; proposed 5 parks in each Ward; designed Santa Ana skate park 10 years ago. ¦ Pocha Pena, spoke in support of cultural and arts programs; Santa Ana has largest concentration of historic buildings in Orange County; proposed increasing film permit fees. ¦ Victor Payan, proposed public incentives for arts programs. Councilmember Martinez thanked residents for public participation and SACReD for active engagement; Council listening to proposals; Police budget includes bond repayment use asterisks to identify that line item next budget to be more transparent. Does not support water fund transfer to general fund. Councilmember Sarmiento recognized staff for thorough review of budget; City has overcome $30 million deficit last year; proposed budget will end furlough's with some of our bargaining groups; 74 vacancies will be filled; will together be able to provide better services to our residents; code enforcement will add staff; strategic plan will help guide the City including economic development; update the General Plan; City has added 22 acres of open space in past 6 years; Councilmember Benavides expressed gratitude to all for engagement and Interim City Manager for inclusive process and restricting and true/sustainable allocation of funds; labor negotiations underway and assumptions included in budget; not all proposals incorporated into budget adoption, but will have opportunity in near future to integrate into Strategic CITY COUNCIL MINUTES 20 JUNE 17, 2013 Plan; value input; asked about relationship with SAUSD and request by school district to retain Police Lieutenant at schools; approve staff . recommendation; will continue to help school district with transition Acting Police Chief Carlos Rojas presented information on general fund cost to City for assigning Police staff to Santa Ana Unified School District. Councilmember Martinez recognized School Boardmember Richardson for coming out to speak; under current management staffing we need to better staff our department; continue partnership, but in other ways; proposed 120 day transition; other subsidized positions like the one at the Main Place Mall will be re-assigned; have accomplished great strides like open space through team effort and want to continue on that path. Councilmember Reyna shared sentiments of colleagues; spoke of need to recoup and keep funds in our City; encourage all to continue to engage in budget process. Councilmember Amezcua noted that as a teacher, safety is important, noted that at joint meeting discussed extension of transition; thanked staff for putting budget together; encouraged all to continue engagement; City will have mid-year review. Interim City Manager O'Rourke proposed re-designating funds from one (1) Deputy City Manager to two (2) Sr. Management Assistants to provide additional staff support to the City Council. Councilmember Martinez amended recommendation and Councilmember Amezcua supplemented amendment. Interim City Manager O'Rourke noted that proposed amendments to budget are on-going expenses reduced from General Plan Update funds that are one-time fees. Encouraged City Council to review budget during mid-year review. Councilmember Benavides proposed adjustments to Miscellaneous Fee Schedule. Councilmember Martinez seconded friendly amendment to motion. AMENDED MOTION: Move that the proposed budget be approved with the following modifications: 1. Reduce the allocation for the General Plan/Zoning Ordinance Update in the Non-Departmental appropriation for 2013-14 by $541,000 and reallocate those monies to the Parks, Recreation and Community Services Department as follows: • $64,000 in 2013-14 for Willard Joint-Use Park staffing; CITY COUNCIL MINUTES 21 JUNE 17, 2013 • $100,000 in 2013-14 for Garfield Community Center staffing; • $25,000 for the Fourth of July Event budgeted in the 2013-14 year; • $ 128,000 in 2014-15 for Willard Joint-Use Park staffing; • $199,000 in 2014-15 for Garfield Community Center staffing; and • $25,000 for the Fourth of July Event budgeted in the 2014-15 year; • Direct staff to identify the appropriation of the $541,000 to the General Plan/Zoning Ordinance Update as the first priority for any funds available at the mid-year budget review. 2. Direct the City Manager to include within the mid-year budget review a report on: • projected on-going revenues as well as cost savings; and • the service level impacts in the Code Enforcement Division and all City agencies resulting from both the return of the furlough hours and the increase in personnel already included in the 2013-14 budget. 3. Consider the appropriation of increased funding to the Code Enforcement Division for staffing as an additional priority for any additional on-going funds. 4. Adjust Uniform Schedule of Miscellaneous Fees to reduce parking permit fee to $60.00 and utility services set-up fee to $35. 00. 5. Place ordinance on second reading and adopt. ORDINANCE NO. NS-2844 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROPRIATING MONIES TO THE SEVERAL OFFICES, AGENCIES AND DEPARTMENTS OF THE CITY FOR A TWO YEAR BUDGET PERIOD COMMENCING JULY 1, 2013 6. Adopt resolutions as revised. RESOLUTION NO. 2013-031 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A UNIFORM SCHEDULE OF MISCELLANEOUS FEES FOR FISCAL YEAR 2013-2014 AND REPEALING IN PART RESOLUTION NO. 2012-022 (Revised) RESOLUTION NO. 2013-032 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NOS. 82-110, 91-066 AND 96-095 TO EFFECT CERTAIN CHANGES TO THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLANS CITY COUNCIL MINUTES 22 JUNE 17, 2013 MOTION: Martinez SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) COMMENTS 90A CITY MANAGER'S COMMENTS Interim City Manager O'Rourke thanked City staff for hard work in producing and finalizing Budget; impressed with professionalism 90B CITY COLINCILMEMBER COMMENTS Councilmember Martinez: • Thanked residents for commitment and engagement on budget; City committed to Willard and Garfield Community Centers; have allocated fund for next couple of years; thanked Interim City Manager, Deputy City Manager and Department Heads for efforts; City also investing $250,000 in Economic Development Plan ; • Encouraged arts community to be involved in Strategic Plan process; • Commend Delhi Center for taking on skatepark; invited all to attend the Skate-A-Thon event; • Invited all to visit City's website for list of on-going community programs; and • Congratulated all graduates and wished them well. Councilmember Sarmiento: • Commented on difficult decision on transitioning police officer back to SAPID; long tradition and commitment to work together with SAUSD; in recent past granted land for construction of new school buildings; funds allocated for community center on school grounds; • Thanked Interim City Manager and staff for budget; mid-year budget will allow for adjustments needed; • Enterprise Zone may be dismantled by Governor, important program that allows for business retention and attraction; encouraged all to contact Assembly Member Tom Daly to support retention of Enterprise Zone; and CITY COUNCIL MINUTES 23 JUNE 17, 2013 • Congratulated all high school and college graduates. Councilmember Amezcua: • Hope all had a nice Father's Day; and • Urged all to shop in Santa Ana - every dollar counts. Councilmember Benavides: • Proposed that Police Department have staff assist with the SAUSD Police Chief transition process. • June 30th will have 3rd Annual Fourth of July Event at Centennial Park at 9 p.m. with music and educational programs starting at 4 p.m. Mayor Pulido: • Invited all to attend State of the City Address (to be held on Wednesday, June 19, 2013 at 7:30 a.m. at Bowers Museum) • Congratulated the Nicolas Academic Foundation for graduating students with scholarships to major universities all throughout the country ADJOURNED - 9:18 P.M. - The next meeting of the City Council is scheduled for Monday, July 1, 2013 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. aria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Street Car Project Locally Preferred Alignment Ordinance Addressing Homeless Shelters as per Requirements in SB 2 Study Session on Entertainment Ordinance Public Hearing on Sexlinger Property Adoption of Strategic Plan • Harbor Blvd. Mixed-Use Plan CITY COUNCIL MINUTES 24 JUNE 17, 2013