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Home My WebLink About10A - MINUTES 9-6-16MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA SEPTEMBER 6, 2016 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:15 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor (5:20 p.m.) VICENTE SARMIENTO, Mayor Pro Tem ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA SAL TINAJERO (5:18 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 — None COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:16 p.m. TELECONFERENCE - Pursuant to Government Code Section 54953(b), Councilmember Tinajero participated in a portion of the meeting via teleconference from 1295 Coast Village Rd., Santa Barbara, CA 91733. Councilmember Tinajero, indicated that the agenda for said meeting was posted at location as required by the Brown Act. 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: CITY COUNCIL MINUTES 1 SEPTEMBER 6, 2016 1 0A -1 1. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. Charles Backes v. City of Santa Ana, Workers' Compensation Appeals Board case #ADJ9188836 (Continued from the August 16, 2016 City Council meeting.) B. MMZ EI C Er.C. , D C Juana Diaz and Ernesto Canepa Alvarez v. City of Santa Ana, United States District Court Case No. SACV15 -0851 JLS (DFMx) C. Matt Chou et al. v. City of Santa Ana, et al., United States District Court Case No. ACV 15- 00941 -JVS D. Enzoc Consulting Inc. v. City of Santa Ana, Orange County Superior Court Case No. 30- 2015 - 00826605 -CU -MC -CJC) E. Custom Organic Care Providers Inc. v. City of Santa Ana, Orange County Superior Court Case No. 30- 2016 - 00833152 -CU -CR -CJC F. Nature's Green Collective v. City of Santa Ana, Orange County Superior Court Case No. 30- 2016 - 00852134 -CU -MC -CJC G. Good Life Patients Association v. Citv of Santa Ana, Orange County Superior Court Case No. 30- 2016 - 00860243 -CU -MC -CJC 2. CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to subdivision (d)(2) of Gov. Code Section 54956.9) Number of potential cases: 1 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Address of City Owned Property: 1416 S. Bristol St., Santa Ana, CA (APN # 109- 266 -17); Address of Property owned by1113 to 1125 S. Standard St., Santa Ana, CA Ms. Ma May Thet Naing: (APN # 011 - 251 -17, -18, -19, -20, -38 and -39); Negotiators: City Manager David Cavazos; Terms: Conditions of potential exchange. 4. PUBLIC EMPLOYEE APPOINTMENT pursuant to Section 54957(b)(1) of the Government Code: CITY COUNCIL MINUTES 2 SEPTEMBER 6, 2016 1 0A -2 Title: Deputy City Manager CLOSED SESSION REPORT - See Item 19A for any reportable actions. ADJOURNED THE CLOSED SESSION MEETING AT 6:28 P.M. AND CONVENED TO THE REGULAR OPEN MEETING. CITY COUNCIL MINUTES 3 SEPTEMBER 6, 2016 1 0A -3 CALLED TO ORDER REGULAR OPEN MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:30 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor VICENTE 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 MAYOR PULIDO DR. CURTIS SMITH, POLICE CHAPLAIN CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER REYNA to the coaches and players of the Rookie Sports Program for their participation in the program: Coaches: Juan Almazan; Laryssa Almazan; Kimberly Ayala; Chris Cao; Adam De La Cruz; Victor Espinoza; Peter Felix; Jose Flores; Ishmael Gonzalez; Joel Gonzalez; Cinthya Gutierrez; Ramiro Hernandez; Martel Lopez; Joe Margo; Chelsey Martinez;Jacqueline Martinez; Samuel Martinez; Jose Mendoza; Chris Navarro; Jimmy Patino; Ruby Ramirez; Humberto Razo; Mauricio Reyes; Cato Rojas; Armando Salinas; Richard Salinas; Gonzalo Sanchez; Patricia Sanchez; John Saucedo; Aleah Solis; Henry Solis; Esme Suarez; Michael Vazquez; Alexis Zuniga. Participants: Eric Argueta; Brandon Bastida; Brandon Bautista; Isac Camarena; Allysa Chavez; Mia Felix; Sophia Flores; Dominic Lopez; Andrea Ruiz; Ariana Sanchez; Dawson Vega; Benito Zamora. CITY COUNCIL MINUTES 4 SEPTEMBER 6, 2016 1 0A -4 Volunteers: Doris Almazan; Brenda Flores ; Michelle Flores; Diana Delgado; Veronica Rojas; Evelyn Villar; Roxanna Zaragoya. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER REYNA to Joshua Vargas for his commitment and achievements to baseball. AGENDA ITEMS CONSIDERED OUT OF ORDER 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. CONSIDER THE FOLLOWING ITEMS AS THEY RELATE TO HOMELESSNESS — Mayor Pro Tern Sarmiento, Councilmember Martinez and Councilmember Reyna • Lizet Angulo, proposed survey on what needs are needed by the homeless such as battered women shelters, rehabilitation centers, job resource center and mobile showers • Chef Basil, commended police department for services provided, offered to assist the City; was in their shoes as a former homeless individual and would like to be part of the coalition and bring resources to address the issue. • Tim Houchen, opening that opening the former transit terminal may be helpful; need to consider all affected by homeless situation • Lou Noble, opposed to criminalizing homelessness, • Lupe Morfin- Moreno, thanked the City Council for improvements to the library and staff for humane services; • Dwight Smith, does not challenge the County; adopt best practices • Eve, Garrow, ACLU of Southern California representative; County fast track to adopt the transit terminal for temporary shelter; resolution calls for increased law enforcement and enforcement of ordinances that criminalize homelessness; do not punish those in a crisis and violates people's constitutional rights; work with the County to implement 10 Year Plan • Jed Poole, noted that what doesn't work is continued criminalization of homelessness; need to provide resources and invest in programs, "No greater love than hope..." • Cynthia Sanchez, community organizer with OCCORD, recognized the leadership of the City Council, need strong political will; do not criminalize the homeless and heavy use of law enforcement; Housing First Model should be considered along with 10 Year Plan; advocate and meet with groups with ACLU, Project Homelessness, Civic Center Roundtable among others; cease criminal ization. CITY COUNCIL MINUTES 5 SEPTEMBER 6, 2016 1 0A -5 • Peter Katz, noted that branding impossible; do not fight over territory; needle exchange program taking place in the library — move elsewhere; affordable housing funds are being reduced; county needs to get involved; put pressure on the State to solve the problem; 10 year program and now 8« year and nothing to show; • Jeffrey Jensen, owner of Chapter One Restaurant; opined that homeless have quadrupled in six years; need a central place may not be appropriate place; right now proliferating into the downtown and other areas of the City; • Mohammed Aly, opined that proposed resolution is an oxymoron; moot to have use of transit terminal as shelter since the County has already taken action • Ruth Hall, homeless are victims that have been preyed upon by the community, moral issue; provide facilities for all. • Brooke Weitzman, representative of the national lawyers guild, reminded all that in 2014 indicated that property storage should be considered and transit vouchers; do not criminalize and increase police presence; treat with dignity and find solutions such as housing • Benjamin Vazquez, thanked the City Council for considering the item; proposed use of the City's jail for services and not as profit making facility. • Ana Urzua, commended the City for bringing matter forward; does not adequately address public health concerns; address housing and personal necessities; • Phil Bacerra, proposed alternative site for homeless services (3131 S. Standard known as the Alton Yard) that is owned the City; homeless should not be located next to the award winning library. • Dave Hoen, City needs to provide a hand up and not a handout what will proliferate homelessness; downtown should not be area to provide services • Claudia Ramirez, represent Project Homelessness; read timeline into the record of action taken by the City Council. • Madeline Spencer, noted that homeless have been around for over 20 years; remove the criminalization portion of the resolution • Dylan Thompson, good that the County opening the shelter, but other services are needed including housing — permanent and affordable housing • Beth Noelle Smits, homeless in civic center; area has unsanitary conditions and infestation of maggots and skin conditions; do not criminalize homelessness • Smitty, what is the goal with the resolution; where should feeding take place? • Brizzy Mae, asked what the crisis is and for additional services to be provided including restroom facilities and phone charging stations. • Tiffany Tabares, asked that those being cited be allowed to receive services including mental health; proposed to create a safe zone for women with one security guard; Council discussion ensued. Councilmember Martinez, provided background as to how resolution came to be; not proposing to criminalize homelessness; public and health crisis that is CITY COUNCIL MINUTES 6 SEPTEMBER 6, 2016 1 0A -6 affecting the homeless — need to protect those vulnerable; City proposing initiatives including wrap around services at former hotel that was dilapidated; City Attorney Carvalho, is well aware of the law and will not prosecute the homeless; PD will not issue citations simply for being homeless; but if other laws are ignored after several warnings then will cite; have met with ACLU to discuss enforcement strategy; resolution encompasses a true call and policy statement. City Manager Cavazos, indicated that he has met with various members of the labor unions that represent City employees; have met with CEO of County of Orange and Court Supervisor, need to do more and provide better health facilities; needle exchange program has been detrimental; better feeding location; PD has the HEART program and need additional staffing to have clean and sanitary conditions for all; will have a safety assessment study; will have a follow up report for City Council consideration. Police Chief Rojas, indicated that violations of the law will cite or arrest; balanced approach needed; have HEART program that is non - enforcement program. Councilmember Martinez, proposal is not to criminalize homelessness; need to include the entire County to address the issue; County has funds and jurisdictional authority to provide services; County has disregarded homeless services for many years; asked that County and City have better relationship and be held accountable — make a priority; 3 cities have housing authorities and challenge the cities of Anaheim, Garden Grove and the County to produce 500 units in the next 3 years; proposed the San Diego model. Mayor Pro Tern Sarmiento, part of proposed action is moot since they took action earlier this morning; City expends approximately $5 million for security and other services to address homeless; all other cities in the County need to share responsibilities; compel the County to do what they should have done years ago; resolution is not criminalizing poverty or homelessness; need to secure the environment for all; thanked Dwight Smith for summarizing the inaction by the County of Orange — compel to do something; does not believe that transmit terminal should be permanent site, but it could be temporary site and will not conflict with county and city customers and employees; thanked last speaker for proposing safe area for women; County to develop such program; applaud Councilmember Martinez for her leadership; thanked officers who work the HEART program. Councilmember Benavides, thanked speakers, City has challenge that needs action; treat all with dignity; work with providers and be committed to work collectively (regional plan) or convene a summit; commit to move forward; would like to move forward on actions listed in resolution immediately; would like to move forward with portions of the resolution but concerned with other sections. CITY COUNCIL MINUTES 7 SEPTEMBER 6, 2016 1 0A -7 City Manager Cavazos, will move expeditiously and if appropriation adjustment needed will follow up. Councilmember Reyna, would like City to consider the Alton facility for permanent shelter site and as proposed by speaker; need to make a priority. Councilmember Amezcua, proposal is a first good step; homeless an issue in other areas of the City not just the civic center; supports resolution. City Manager Cavazos, indicated that security will be about $1.3 million and is a public safety concern that may be funded with surplus funds; to be approved by the City Council at the subsequent City Council meeting. Councilmember Martinez, toured area with staff on Friday; city employees have requested safety concerns to be addressed; City Attorney, indicated that proposed site will have to be evaluated by planning staff as SB2 Site; summarized the proposal Mayor Pro Tern Sarmiento, suggested resolution remain the same. City Manager Cavazos, will return with budget appropriation and may propose changes at the time. Mayor Pulido, proposed that funding for lighting could come from the County; unintended consequences may backfire; need holistic approach; number of homeless could increase; transit terminal could affect the downtown area restaurants; all cities need to share responsibilities. Councilmember Martinez, need to be accountable to employees. City Manager Cavazos, is chair of the Orange County Homeless Task Force, would like to share funding responsibilities. Mayor Pulido, for the record would like to vote no on transit terminal. MOTION: 1. Adopt a resolution RESOLUTION NO. 2016 -073 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING A PUBLIC HEALTH AND SAFETY CRISIS RELATED TO THE HOMELESS AND URGING THE COUNTY OF ORANGE TO TAKE IMMEDIATE ACTION TO PROVIDE SERVICES TO THE HOMELESS AT THE ORANGE COUNTY TRANSPORTATION AGENCY'S FORMER TRANSIT TERMINAL WHICH THE COUNTY OF ORANGE OWNS AND CONTROLS CITY COUNCIL MINUTES 8 SEPTEMBER 6, 2016 1 0A -8 2. Approve letter from the City Council requesting all 33 Orange County cities to adopt a resolution in support of said action. MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Amezcua, Martinez, Pulido, Reyna, Sarmiento (5) NOES: Benavides (1) ABSTAIN: None (0) ABSENT: Tinajero (1) * Mayor Pulido, dissented on Section 3 of said Resolution (use of Transit Terminal for temporary shelter services). *RECESSED AT 8:40 P.M. AND RECONVENED AT 8:48 P.M. WITH SAME MEMBERS PRESENT. CONSENT CALENDAR ITEM Memorandum attached to staff report is a follow -up to the August 16, 2016 City Council Meeting Agenda Item 85A related to crime statistics, hiring, budget, and patrol staffing. The following spoke on the matter: • Richard Julian, representing Villa del Sol properties, urged the City Council to increase police gang unit and improve response times. • Councilmember Benavides, asked that staff include him in discussions with property owner in addressing his concerns. • Marie Renteria, Property Supervisor at Villa del Sol, read list of incidents that warrant increased police staff including gang threats, stabbings, graffiti, and assaults; need better response time. • Rawhi Diocla, representing private security at Villa del Sol property, asked if City plans to increase police presence on the streets. Presentation by City Manager Cavazos: Santa Ana Police Department Crime Statistics / Santa Ana is one of the Safest Cities in the Country / Santa Ana named among America's safest cities by a number of publications (Forbes 4th Safest 2009, ADT 51h Safest 2014, World Atlas 11th Safest 2016, Niche 29th Safest 2016) How are Crime Rates Determined? CITY COUNCIL MINUTES 9 SEPTEMBER 6, 2016 1 0A -9 The Federal Bureau of Investigations (FBI) collects, validates, and standardizes crime data for local, state and tribal police departments. This is calculated as the Uniform Crime Reporting (UCR) index. Offenses included in rate include: • Murder • Non - negligent manslaughter • Forcible rape • Robbery • Aggravated assault • Burglary • Larceny -theft • Motor vehicle theft • Arson Crime: Three Year Average FBI C,i— S IAC, ADM, _. • n,.e.,. �euw,,aon. mm.rv. knennlM1ek entl mab,vdrck •v V.Wdl.n d.R. ou Overall Trend 74 % Reduction w.u«. •• [.Awy, n mureimen.. a.mr, no. n.muc.we.,�m.� >-,�ou.n' .•• xiu. w,.. .x.somaNI m m„ mm —Ife i .n zmz a� rams mu n� Isn wu. eoo 3aozs �w.aa,eon How does crime compare to other large neighboring cities? Santa Ana has Successfully Reduced our UCR Rate] CITY COUNCIL MINUTES 10 SEPTEMBER 6, 2016 1 0A -10 Homicides dawn drastically since 1990s 43 1990 Homicides 46 99c, 2010 70% Reduction ■ 2012 13 2015 Santa Ana PD is hiring • Made hiring a priority with the leadership of the Mayor and City Council • Background Investigators up from 1 to 7.5 FTE • Hired Sensis Agency to promote Authorized Positions Added ► FY 13 -14: 74 Positions eliminated ► FY 14 -15 Added: 16 Positions added ► FY 15 -16 Added: 23 Positions added ► FY 16 -17 Added: 6 Positions added 45 New Positions Adopted Sworn Staffing Levels lA Ukp�ry 1 RYI213 IFY13 --4 •'YI41S EFY1516 •'Y1 6,17 Police Officer Hiring x� so 6o Q ¢a m 6 u lllllllllll, 3032 Sbl6 ► How many officers are patrolling the City? / Inquiries into patrol staffing were found to have an average of between 26 and 37 officers. CITY COUNCIL MINUTES 11 SEPTEMBER 6, 2016 1 0A -11 April 6, 2016 33 Total Average* April 12, 2016 37 Total Average* May 15, 2016 26 Total Average* May 18, 2016 33 Total Average* Includes Patrol and Other Uniformed Police Officers PATROL STAFFING Officers scheduled when they are most needed I Average of 26 Officers available at any given time 911 Ca11 Response T- includes: An emergency where an immediate Av*nW 111.9m1n threat to life exists 9:1 U ResFense T- 7 Includes. A threat ------- exists to the safety of a lvagvgs 9.7min citizen and/or in progress crime. This includes threats to 11 property CITY COUNCIL MINUTES 12 SEPTEMBER 6, 2016 10A -12 How does the Pd Budget Compare to the General Fund? 2W,W0,000 23000 ?000 210,000.000 190,W0,000 120,M,00 150,003,00 130,00,000 110,000,OW 90,000000 20,0W,000 BUDGET COMPARISONS OGENERAL FOND BUDGE- NROLICE OEDAR -IPNT SXGET *711,10 ^ 00 �, • �80 0 Fl0"& FY12'3 F 1647' BWgd BmI. am," Since 2012, 58 cents out of every new dollar has gone toward our Santa Ana Police Department lxw,00 1W0W,OW 130,000,000 110AKM 90,00,000 Ie,Beo,00B CITY COUNCIL MINUTES 13 SEPTEMBER 6, 2016 1 0A -13 172% Increase in Fleet Equipment PD Vehicles Put into Service Note: FY 16 -17 numbers are estimates based on approved budget New Equipment • Daniel Defense prior rifles for every vehicle • Remington shotguns for every vehicle c Def Tech less lethal launchers for every vehicle Glock handguns and Triers o MILD - Interactive Range Training Simulator (2013) RROMM61M.— 80014ha System Improvements • S4.8M agreement with Motorola to replace dispatch consoles. portable handheld radios, and hot red radios. • S2.2M commitment in partnership costs io upgrade 800Mhe backbone Software Systems • Trn -ech Software System (42.6M Integrated Software Project) • IA Pro l Blue Team SOftware(Professional Standards Division) n E -Soph Software(Backgmunds Unit) v Power DMS Training Software (Raining Division) 14 ► Police Officers- Lateral Transfers Since 2012, 27 police officers have lateraled into the Santa Ana Police Department while 9 have lateraled out to other agencies. This year, one officer has lateraled out, which is the lowest since 2012. SAPD averaged over 100 applications per year from police officers wanting to lateral to SAPD. In addition, on average, SAPD receives over 2,600 Police Recruit applications. * Note XX additional lateral officers into the Police Department effective September 19, 2016 Council discussion ensued. Councilmember Reyna, asked City Manager if he had been supportive of staff recommendations as they relate to the police department. City Manager Cavazos, reported that Councilmember has been supportive of past actions to fund police department. Councilmember Amezcua, thanked staff and Police Chief for presentation and leadership. CITY COUNCIL MINUTES 14 SEPTEMBER 6, 2016 1 OA -14 Patrol Imotors 10thers ITotal Totaicost FY 2013/14 to 16/17 1 631 181 171 98 1 $ 3,987,686 FY 2011/12 to 12/13 1 311 51 1 36 1 $ 1,360,254 Note: FY 16 -17 numbers are estimates based on approved budget New Equipment • Daniel Defense prior rifles for every vehicle • Remington shotguns for every vehicle c Def Tech less lethal launchers for every vehicle Glock handguns and Triers o MILD - Interactive Range Training Simulator (2013) RROMM61M.— 80014ha System Improvements • S4.8M agreement with Motorola to replace dispatch consoles. portable handheld radios, and hot red radios. • S2.2M commitment in partnership costs io upgrade 800Mhe backbone Software Systems • Trn -ech Software System (42.6M Integrated Software Project) • IA Pro l Blue Team SOftware(Professional Standards Division) n E -Soph Software(Backgmunds Unit) v Power DMS Training Software (Raining Division) 14 ► Police Officers- Lateral Transfers Since 2012, 27 police officers have lateraled into the Santa Ana Police Department while 9 have lateraled out to other agencies. This year, one officer has lateraled out, which is the lowest since 2012. SAPD averaged over 100 applications per year from police officers wanting to lateral to SAPD. In addition, on average, SAPD receives over 2,600 Police Recruit applications. * Note XX additional lateral officers into the Police Department effective September 19, 2016 Council discussion ensued. Councilmember Reyna, asked City Manager if he had been supportive of staff recommendations as they relate to the police department. City Manager Cavazos, reported that Councilmember has been supportive of past actions to fund police department. Councilmember Amezcua, thanked staff and Police Chief for presentation and leadership. CITY COUNCIL MINUTES 14 SEPTEMBER 6, 2016 1 OA -14 Councilmember Benavides, noted that City Council received communication from the Police Officers Association (POA) that challenges the data presented by the City; noted that City statistics relied on FBI statistics that have been validated. City Manager Cavazos, thanked POA, highlighted quality service by our police staff; acknowledged that City in need of additional officers in addition to improvement to technology to improve response times; number of shootings not captured, only number of homicides (as validated by the FBI); City has lower crime rate in comparison to Long Beach and Anaheim. Councilmember Martinez, opined that residents do not feel safe; perception is important; need to make public safety a top priority for all employees; roads need to be safe for bicyclist and pedestrians alike; need to review traffic speeds at main arterials; thanked staff for applying for grant funding, but need enforcement and education programs; response times need to improve; request consideration to reinstate the Vice Unit. City Manager Cavazos, indicated that number of officers is relative, active recruitment efforts ongoing. Councilmember Martinez, would like to have transparent information on the City's website such as Open Data Platform. Mayor Pro Tern Sarmiento, agreed that trends may indicate reduced crimes, but perception does not coincide with statistics; need to make the Police Department whole and address the deficiencies; opined that we are not able to make true comparisons with other cities; police calls need to be a priority; need more officers; request that the Public Safety Council Committee review data including hiring efforts. Mayor Pulido, requested more recent information than 2009 statistics than was presented on page 6 and 7; asked for the number of homicides in 2016 (Police Chief Rojas indicated it is 18 thus far); requested 2014 and 2015 FBI data; agreed that Propositions 46 and 47 are impacting crime; asked for clarification of response times; asked what is the estimated increase of violent crimes; concerned that number of officers assigned to gang and patrol units have been reduced. Police Chief Rojas, indicated that 310 officers on payroll, project net 30 by the end of the year; highest number of officers was 379. Mayor Pulido, asked City Manager for budget comparisons; request that Public Safety Committee consider budget surplus funding; suggested that surplus funds be appropriated to the Police Department. CITY COUNCIL MINUTES 15 SEPTEMBER 6, 2016 1 0A -15 City Manager Cavazos, noted that estimated budget surplus form Fiscal Year 2015 -16 is projected at over $7 million; there was motion by the City Council to consider surplus funds for the police department. Receive and file action considered as part of Consent Calendar vote. PUBLIC COMMENTS (Agendized Items) Rebecca Cousins, policy analyst for Healthy Alliance Coalition, spoke in support of Agenda Item 25F - active transportation; proposed streamlining the process. CLOSED SESSION REPORT - See Item 19A for any reportable actions. *Mayor Pro Tern Sarmiento left the meeting at 9:51 p.m. and did not return. CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations on Consent Calendar Items 10A through 25E, with the following modifications: *Councilmember Martinez, pulled Agenda Items 20A and 25F for separate discussion. MOTION: Reyna SECOND: Martinez VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento, Tinajero (2) Items removed for separate action or modified are highlighted. Separate actions show the actual vote: Items without votes are adopted as part of the consent motion. ADMINISTRATIVE MATTERS MINUTES 10A. MINUTES FROM THE REGULAR MEETING OF AUGUST 16, 2016 (STRATEGIC PLAN NO. 5, 1) — Clerk of the Council Office CITY COUNCIL MINUTES 16 SEPTEMBER 6, 2016 1 0A -16 MOTION: Approve Minutes. BOARDS / COMMISSIONS / COMMITTEES 13A. BOARDS AND COMMISSIONS BIANNUAL ATTENDANCE REPORTS OCTOBER - DECEMBER 2015 AND JANUARY -JUNE 2016 {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Receive and file. 136. APPOINTMENT TO THE WORKFORCE DEVELOPMENT BOARD {STRATEGIC PLAN NO. 5, 11 - Community Development Agency MOTION: Appoint Enrique Perez, Executive Director of the International Consortium for Education and Economic Development (replacing J. Didion) and Dr. Linda Rose, President, Santa Ana College (replacing Dr. E. Martinez) to the Santa Ana Workforce Development Board, for a partial - term expiring June 30, 2017. 13C. NOMINATED BY MAYOR PULIDO AS THE CITYWIDE (REGULAR) REPRESENTATIVE TO THE YOUTH COMMISSION, FOR PARTIAL TERM EXPIRING DECEMBER 13, 2016 {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Appoint Roy Rodriguez, Ward 2 Resident (replacing G. Vergera). MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office MOTION: Approve, as follow: PUBLIC EMPLOYEE APPOINTMENT pursuant to Section 54957(b)(1) of the Government Code: Deputy City Manager; Motion by Tinajero, seconded by Reyna to confirm the appointment of Robert Cortez. Motion approved by Councilmembers Amezcua, Benavides, Reyna and Sarmiento; Mayor Pulido and Councilmember Martinez dissented; and Mayor Pro Tern Sarmiento abstained. 19B. EXCUSED ABSENCES — None CITY COUNCIL MINUTES 17 SEPTEMBER 6, 2016 1 0A -17 19C. STRATEGIC PLAN MONTHLY REPORT FOR JULY 2016 {STRATEGIC PLAN NO. 5, 1} - City Manager's Office MOTION: Receive and file. 19D. CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT {STRATEGIC PLAN NO 4, 11 - Community Development Agency Community Redevelopment and Housing Commission approved recommended action on August 24, 2016, by a vote of 4 -0 (D. Gomez and A. Garcia absent). MOTION: Authorize the submission of the Consolidated Annual Performance and Evaluation Report to the U. S. Department of Housing and Urban Development. 19E. PUBLIC WORKS AGENCY STATUS OF PROJECTS - MONTHLY CAPITAL IMPROVEMENT PROGRAM EXECUTIVE REPORT FOR AUGUST 2016 {STRATEGIC PLAN NO. 5, 1} - Public Works Agency MOTION: Receive and file. 19F. DESTRUCTION OF OBSOLETE CITY RECORDS {STRATEGIC PLAN NO. 5, 1} — Police Department MOTION: Approve the request for the destruction of obsolete records from the Police Department in accordance with the retention schedule outlined in City Council Resolution 2013 -014. The Citywide Records Retention Schedule has specific retention periods for many City documents. The Schedule is modeled after the California Secretary of State's sample for local government and incorporates other statutory periods applicable to Santa Ana. These are minimum retention periods. Each department makes discretionary decisions on whether to retain records past the minimum requirements. 19G. UPDATE ON DROUGHT CONDITIONS AND WATER SUPPLY {STRATEGIC PLAN NO. 5, 21 - Public Works Agency MOTION: Receive and file. 19H. SANTA ANA EDDIE WEST STADIUM CONSTRUCTION UPDATE {STRATEGIC PLAN NO. 6, 1B & 1G) - Parks, Recreation and Community Services Agency CITY COUNCIL MINUTES 18 SEPTEMBER 6, 2016 1 0A -18 191. 19J. MOTION: Receive and file. SANTA ANA WORK CENTER OFFICE RELOCATION UPDATE (STRATEGIC PLAN NO. 2, 4A) - Community Development Agency MOTION: Receive and file. AGENDA ITEM CONSIDERED OUT OF ORDER BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS MOTION: 1. Authorize the City Manager and the Clerk of the Council to execute a construction contract to Foddrill Construction Corporation, the lowest responsible bidder, in accordance with the base bid and Additive Alternates 1 and 2 in the amount of $720,499.33, for the term beginning upon execution of the contract and ending upon project completion, for installation of the Security Lighting at Eight Parks Project, subject to non - substantive changes approved by the City Manager and the City Attorney. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2017 -017 - For Fiscal Year 16/17 to recognize $239,142.28 from prior year fund balance and appropriate $107,437.77 into the Residential Development District 2, $118,251.08 into the Residential Development District 3, and $13,453.43 into the Residential Development District 4 expenditure accounts. 3. Approve the Project Cost Analysis for a total estimated project delivery cost of $864,600, which includes the contract base bid and Additive Alternates 1 and 2, administration, inspection, testing, and a $72,050 contingency. MOTION: Martinez SECOND: Amezcua CITY COUNCIL MINUTES 19 SEPTEMBER 6, 2016 1 0A -19 VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento, Tinajero (2) SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. SPEC. NO. 16 -089 - AMMUNITION EQUIPMENT REPLACEMENT USED DURING POLICE TRAINING AND RANGE QUALIFICATION TESTING {STRATEGIC PLAN NO. 1, 5) (Police Department) - Finance & Management Services MOTION: Authorize a one -time purchase and payment of purchase order for a total aggregate amount not to exceed $145,755, subject to non - substantive changes approved by the City Manager and City Attorney, with the following vendors below: Vendor Amount Arms Unlimited, Inc. $1,725 Dooley Enterprises, Inc. $109,780 Proforce Marketing, Inc. $8,450 San Diego Police Equipment $25,800 22B. SPEC. NO. 16 -092 - CITYWIDE PAINTING SERVICES — GENERAL MAINTENANCE, BULDING MODIFICATIONS, GRAFFITI CONTROL AND RENOVATION {STRATEGIC PLAN NO. 6, 1C} (Public Works Agency, Police Department and Parks, Recreation and Community Services Agency) - Finance & Management Services MOTION: Award contracts for a one -year period expiring September 30, 2017, with provisions for three one -year renewals exercisable by the City Manager, in an annual aggregate amount not to exceed $115,000 subject to non - substantive changes approved by the City Manager and City Attorney, with the following vendors: Vendor Location ENL Service, Inc. South Gate Tony Painting, Inc. Garden Grove CTG Construction, Inc. Wilmington U.S. National Corp Panorama City CITY COUNCIL MINUTES 20 1 OA -20 SEPTEMBER 6, 2016 22C. SPEC. NO. 15 -110 - AMENDMENT FOR VARIOUS TYPE OF WATER METERS {STRATEGIC PLAN NO. 6, 1C} (Public Works Agency) - Finance & Management Services MOTION: Amend the contracts for a variety of water meters to increase the annual amount by $175,000 for a new annual aggregate amount of $315,000, expiring January 31, 2017, subject to non - substantive changes approved by the City Manager and City Attorney, with the following vendors: Vendor Location Aqua- Metric Sales Co. Riverside, CA Badger Meter, Inc. Milwaukee, WI H. D. Supply Waterworks Santa Ana, CA Mueller System, LLC Cleveland, NC AGREEMENTS 25A. AGMT NO. 2016 -260 - DONATION TO SUPPORT A FAMILY DAY COMMUNITY BLOCK FESTIVAL {STRATEGIC PLAN NO. 5, 4) - Councilmember Reyna MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Magic Inc. Academy of the Arts for a one -time donation amount of $500, subject to non - substantive changes approved by the City Manager and the City Attorney. 258. AGMT NO. 2016 -261 - DONATION TO SUPPORT DOWNTOWN NEIGHBORHOOD ASSOCIATION'S INTERNATIONAL DAY OF OLDER PERSONS EVENT {STRATEGIC PLAN NO. 5, 4) - Councilmember Reyna MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Washington Square Neighborhood Association for a one -time donation amount of $1,000, subject to non - substantive changes approved by the City Manager and the City Attorney. 25C. AGMT NO. 2016 -262 - AMENDMENT — IMPLEMENTATION OF THE BRISTOL STREET TRAFFIC SIGNAL SYNCHRONIZATION (PROJ. NO. 156829) (NONGENERAL FUND) {STRATEGIC PLAN NO. 6, 1 B) - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an amendment to the Cooperative Agreement No. C -4 -1882, with the Orange County Transportation Authority, subject to non - substantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES 21 SEPTEMBER 6, 2016 1 OA -21 25D. AGMT NO. 2016 -263 - PURCHASE AGREEMENT FOR BRISTOL STREET IMPROVEMENTS, PHASE 4 - 2115 BRISTOL TRUST, LAN LE TRUSTEE FOR THE PROPERTY COMMONLY KNOWN AS 2115 -2123 SOUTH BRISTOL STREET (APN NOS. 015 - 194 -20, 015 - 194 -21, 015 - 194 -22), (PROJ. NO. 116741) (NONGENERAL FUND) {STRATEGIC PLAN NOS. 6, 1G; 3, 2C) - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute Purchase Agreement, for full acquisition of said real property and goodwill (if any), in the amount of $2,682,000, subject to non - substantive changes approved by the City Manager and City Attorney. 25E. AMENDED AND RESTATED SOLID WASTE SERVICES AND AUTHORIZE STAFF TO EVALUATE ADVANTAGES AND DISADVANTAGES OF A CONTRACT EXTENSION {STRATEGIC PLAN NO. 4, 11 - Public Works Agency and City Attorney's Office Consideration of matter continued from the August 16, 2016 City Council meeting at the request of staff and approved by a vote of 5 -0 (Pulido and Reyna absent). MOTION: Matter continued at the request of staff. 25F. SAFE 'MOBILITY SANTA ANA TRANSPORTATION / TRAFFIC PLANNING AND ENGINEERING SERVICES (PROJECT 15 -6845) (NON- GENERAL FUND) (STRATEGIC PLAN NO. 5, 6131 - Public Works Agency MOTION: 1. Authorize payment in the amount of $29,741.94 for transportation / traffic planning and engineering services rendered and invoiced between April 6, 2016 and September 5, 2016. 2. AGMT NO. 2016 -264 - Authorize the City Manager and the Clerk of the Council to execute an agreement with NelsonlNygaard to continue transportation /traffic planning and engineering services for development of the Safe Mobility Santa Ana Plan, for a one -year period beginning September 6, 2016 through April 5, 2017, with no change to the original scope of work, and no change to the original $360,000 not - to- exceed amount for the professional services subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Martinez SECOND: Benavides CITY COUNCIL MINUTES 22 SEPTEMBER 6, 2016 1 OA -22 VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento, Tinajero (2) * *END OF CONSENT CALENDAR ** PUBLIC COMMENTS • Ilya Tseglia, opined that Police Department able to assist him by producing police reports that he could present to courts regarding his son. • Carl Beninger, announced that September 21st will host Connect to Council's Candidate Forum at the Delhi Center. RECESSED THE CITY COUNCIL MEETING AT 10:05 P.M. TO THE HOUSING AUTHORITY MEETING AND RECONVENED THE CITY COUNCIL MEETING AT 10:06 P.M. WITH SAME MEMBERS PRESENT. WORK STUDY SESSION WS -1. PROVIDE STAFF DIRECTION AND DISCUSSION FOR PROPOSAL ON ECONOMIC DEVELOPMENT AND NON - PROFIT FUNDS - City Manager's Office Consideration of matter continued from the August 16, 2016 City Council meeting by a vote of 4 -0 (Martinez, Pulido, and Reyna absent). Matter continued to the September 20, 2016 City Council Meeting. COMMENTS 90A. CITY MANAGER'S COMMENTS • Invited all to attend the upcoming Fiestas Patrias on September 10th and 11th in Downtown Santa Ana. CITY COUNCIL MINUTES 23 SEPTEMBER 6, 2016 1 OA -23 90B. CITY COUNCILMEMBER COMMENTS Councilmember Martinez: • Request that staff inform and engage the residents of Downtown when City hosting events; and • Noted that Hispanic Heritage and Emergency Preparedness month in September— need to continue proactive training and education. Councilmember Reyna: • Encouraged all to shop in Santa Ana; • Urged all to continue to be water wise; • Welcomed back teachers, faculty and students to the new school year; and • Invited all to attend the upcoming Fiestas Patrias parade and festivities. Councilmember Benavides: • Commented that City held successful monthly art walk - great success; • Stressed importance of having cohesive solutions for homelessness including better location for needle exchange program; • Asked all to shop in Santa Ana; and • Requested that meeting be adjourned in memory of Antonio Payan, who was the father of Marc Payan, creator of PayanX fitness program. Mayor Pulido: • Adjourned in Memory of Antonio Payan. ADJOURNED - 10:16 p.m. - The next meeting of the City Council is scheduled for Tuesday, September 20, 2016 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. Adjourned in Memory of Antonio Payan Maria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Community Engagement Program • Economic Development Strategic Plan • Drone Regulations • General Plan Update CITY COUNCIL MINUTES 24 SEPTEMBER 6, 2016 1 OA -24