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HomeMy WebLinkAbout2016-09-20 RegularMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA SEPTEMBER 20, 2016 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:12 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 (6:22 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 5:12 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: Items 1A through 1D continued from the August 16, 2016 City Council meeting. CITY COUNCIL MINUTES 1 SEPTEMBER 20, 2016 A. Charles Backes v. City of Santa Ana, Workers' Compensation Appeals Board case #ADJ9188836 B. Custom Organic Care Providers Inc. v. City of Santa Ana, Orange County Superior Court Case No. 30-2016-00833152-CU-CR-CJC C. Nature's Green Collective v. City of Santa Ana, Orange County Superior Court Case No. 30-2016-00852134-CU-MC-CJC D. Good Life Patients Association v. City of Santa Ana, Orange County Superior Court Case No. 30-2016-00860243-CU-MC-CJC E. Antonio Quintanilla et al. v. City of Santa Ana, Orange County Case No. 30-2015-00803957-C U -N P-CJ C F. Gregory A. Preston, as Trustee of the Letitia Preston Testamentary Trust, dated November 17 1983 and as Trustee of the Richard E. Preston and Donarae Preston Family Trust dated May 10 1985 vs. City of Santa Ana, Case No. 30-2016-00868204-CU-OR-CJC G. 1901 First Street Owner. LLC v. Tustin Unified School District, Orange County Superior Court Case No.: 30-2015-00803234-CU-WM-CJC 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: One case 3. PUBLIC EMPLOYEE - PERFORMANCE EVALUATION pursuant to Section 54957(b)(1) of the Government Code: Title: Clerk of the Council CLOSED SESSION REPORT - See Item 19A for any reportable actions. ADJOURNED THE CLOSED SESSION MEETING AT 6:08 P.M. AND CONVENED TO THE REGULAR OPEN MEETING. CITY COUNCIL MINUTES 2 SEPTEMBER 20, 2016 CALLED TO ORDER REGULAR OPEN MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:10 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 BOB BARNETT, POLICE CHAPLAIN SPECIAL PRESENTATION by Southern California Gas Company representative Jennifer Vaughn who provided an update on activities in the Santa Ana community. EXCEPTIONAL SERVICE AWARD presented by MAYOR PULIDO and COUNCILMEMBER MARTINEZ recognizing the late Lewis Whitehead's contributions in establishing the Orange County Rescue Mission and providing over 25 years of outstanding services, community leadership and many contributions to the City of Santa Ana. PROCLAMATION presented by MAYOR PULIDO to Alzheimer's Orange County recognizing September as World Alzheimer's Awareness Month. CITY COUNCIL MINUTES 3 SEPTEMBER 20, 2016 CERTIFICATES OF RECOGNITION presented by MAYOR PRO TEM SARMIENTO to Youth -on -the -Move, Inc.'s students essay contest winners, parents, and teachers for helping youth succeed in life and to the Santa Ana Kiwanis Club for their support. Students: Adrian Herrera, Mauricio Herrera, Tyler Mann, Aryanna Martinez, and Karlo Martinez Parents: Yadira Garcia, Jason Mann, Marisol Martinez and Ruben Martinez Teachers: Dr. Patricia Adelekan, Lavonda Jackson, and Linda Jaeckels Sponsors: Linda Jaeckels and the Santa Ana Kiwanis Club PROCLAMATION presented by MAYOR PRO TEM SARMIENTO AND COUNCILMEMBER MARTINEZ declaring the month of September as Latino Voter Registration Month. PROCLAMATION presented by COUNCILMEMBER MARTINEZ to Para Todos Magazine in recognition of Hispanic Heritage Month. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to Southern California Association of Governments in recognition of Pedestrian Safety Month and their efforts and dedication to the Go Human Campaign. PUBLIC COMMENTS • Placencia spoke on behalf of Concepcion Vasquez, student at Centennial Education Center, urged the City Council to extend the lease to keep the school open. • Rachel Suason, student at Centennial Education Center, shared her positive experience and asked that the school continue to serve the community. CLOSED SESSION REPORT- See Item 19A for any reportable actions. CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations on Consent Calendar Items 10A through 25J, with the following modifications: • Councilmembers Amezcua and Tinajero abstained on Agenda Item 25D due to their employment with the Santa Ana Unified School District; and • Councilmember Martinez pulled Agenda Items 20A, 20C, 25C, 25E, 25J and 25H for separate discussion. CITY COUNCIL MINUTES 4 SEPTEMBER 20, 2016 MOTION: Benavides VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Reyna Amezcua, Benavides, Sarmiento (6) None (0) None (0) Tinajero (0) ADMINISTRATIVE MATTERS Martinez, Pulido, Reyna, MINUTES 10A. MINUTES FROM THE REGULAR MEETING OF SEPTEMBER 6, 2016 (STRATEGIC PLAN NO. 5, 1) — Clerk of the Council Office MOTION: Approve Minutes. BOARDS / COMMISSIONS / COMMITTEES 13A. COUNCIL COMMITTEES — AGENDA AND MINUTES (STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Receive and file. NAME MEETING DATE Finance, Economic Development & Technology Cmtee. (Cancelled) 9/12/2016 MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office MOTION: Approve as follow: CITY COUNCIL MINUTES 5 SEPTEMBER 20, 2016 1. CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: • Charles Backes v. City of Santa Ana, Workers' Compensation Appeals Board case #ADJ9188836 — Settlement in the amount of $185,142 approved by 6-0 vote (Tinajero absent) • 1901 First Street Owner. LLC v. Tustin Unified School District, Orange County Superior Court Case No.: 30-2015-00803234-CU-WM-CJC — City Council provided staff direction (Sarmiento abstained). 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: One case — City Council provided staff direction (Sarmiento abstained). 19B. EXCUSED ABSENCES — None 19C. STRATEGIC PLAN MONTHLY REPORT FOR AUGUST 2016 {STRATEGIC PLAN NO. 5, 11 - City Manager's Office MOTION: Receive and file. 19D. DESTRUCTION OF OBSOLETE CITY RECORDS - {STRATEGIC PLAN NO. 5, 1) - Finance and Management Services; and Police Department MOTION: Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2013-014. The Citywide Records Retention Schedule has specific retention periods for many City documents. The Schedule is modeled after the California Secretary of State's sample for local government and incorporates other statutory periods applicable to Santa Ana. These are minimum retention periods. Each department makes discretionary decisions on whether to retain records past the minimum requirements. 19E. UPDATE ON GIANT RIVER OTTER HABITAT FUNDRAISING BY FRIENDS OF SANTA ANA ZOO (STRATEGIC PLAN NO. 2, 2E) - Parks, Recreation and Community Services Agency MOTION: Receive and file. CITY COUNCIL MINUTES 6 SEPTEMBER 20, 2016 19F. REQUEST FOR QUALIFICATIONS FOR COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS {STRATEGIC PLAN NO 5, 3) - Community Development Agency Community Redevelopment and recommended action on August 24, Gomez absent). MOTION: Receive and file. Housing Commission approved 2016 by a vote of 4-0 (Garcia and 19G. FOLLOW-UP TO SANTA ANA POLICE DEPARTMENT STATISTICS MEMORANDUM {STRATEGIC PLAN NO. 1, 21 - City Manager's Office Memorandum attached to staff report is a follow-up to the September 6, 2016 City Council Meeting Agenda Item 19J related to crime and public safety statistics. MOTION: Receive and file. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A. Councilmember Martinez, applauded staff for moving in this direction and asked how water funds being transferred back into General Fund will be used. City Manager Cavazos, noted that funds will be used to build infrastructure and build on capital improvement projects and will memorialize. Mayor Pro Tern Sarmiento, thanked Councilmember Martinez for voicing concerns in the past; funds and expenditures to be tracked and address deferred maintenance. MOTION: 1. Approve an appropriation adjustment. (Requires five affirmative votes) CITY COUNCIL MINUTES 7 SEPTEMBER 20, 2016 APPROPRIATION ADJUSTMENT NO. 2017-032 - Reducing the budgeted appropriation for the Sanitation Fund in the amount of $1,601,440. 2. Authorize expenditures related to Graffiti Abatement Services for Fiscal Year 2016-17, in the amount of $1,200,000, within the General Fund. 3. Direct staff to calculate a Sanitation rate reduction corresponding to the reduction in appropriation and related expenditures recommended for the Sanitation Fund. 4. Direct staff to reduce an assessment from the Water Enterprise Fund to the General Fund for Fiscal Year 2016-17 by $2,388,082. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Sarmiento Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) None (0) None (0) 20B. COOPERATIVE AGREEMENT TO RECEIVE ARTERIAL PAVEMENT MANAGEMENT PROGRAM GRANT FUNDS FOR IMPLEMENTATION OF THE FAIRVIEW STREET PAVEMENT MAINTENANCE PROJECT (PROJECT NO. 17-6881 NONGENERAL FUND) (STRATEGIC PLAN NO. 6, 1 G) - Public Works Agency MOTION: 1. AGMT NO. 2016-265 - Authorize the City Manager and Clerk of the Council to execute a Cooperative Agreement with the Orange County Transportation Authority, for the term beginning upon execution by the Orange County Transportation Authority Board of Directors and ending upon Orange County Transportation Authority project acceptance, in the amount of $500,000 with a required City match fund in the amount of $1,250,000, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment. (Requires five affirmative votes) CITY COUNCIL MINUTES 8 SEPTEMBER 20, 2016 APPROPRIATION ADJUSTMENT NO. 2017-027 - Recognize Arterial Pavement Management Program grant funds in the amount of $500,000 into the Select Street Construction revenue account and appropriate the same in the expenditure account. Councilmember Martinez, thanked developer for applying for grants that will be used for safety improvements. MOTION: 1. AGMT NO. 2016-266- Authorize the City Manager and Clerk of the Council to execute an agreement with Depot at Santiago, L.P., in an amount not to exceed $400,000 for the term beginning upon execution of the contract and ending upon project completion, 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. 2017-28 - Recognize Developer Contribution funds in the amount of $400,000 in the Select Street Construction Fund revenue account and appropriate the same to the Select Street Construction Fund expenditure account. MOTION: Martinez SECOND: Reyna VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 20D. AWARD CONTRACT FOR INSTALLATION OF GRANT -FUNDED TRAFFIC SIGNAL MODIFICATIONS AT FOUR INTERSECTION LOCATIONS: 17TH STREET AT ENGLISH STREET, MACARTHUR BOULEVARD AT PLAZA DRIVE, EDINGER AVENUE AT SULLIVAN STREET, AND WESTMINSTER CITY COUNCIL MINUTES 9 SEPTEMBER 20, 2016 AVENUE AT CLINTON STREET (PROJECT NO. 15-6834) {STRATEGIC PLAN NO. 6, 1 B & 1 G) - Public Works Agency MOTION: 1. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2017-029 - Approve for Fiscal Year 2016/2017 to recognize $104,456 from the Highway Safety Improvement Program funds into the Federal Aid Safety Program revenue account and appropriating the same to the Federal Aid Safety Program expenditure account. 2. Award a contract and authorize the City Manager and Clerk of the Council to execute a construction contract to California Professional Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $872,755, for the term beginning upon execution of the contract and ending upon project completion, for construction of the Traffic Signal Modifications at Four Locations project, subject to non -substantive changes approved by the City Manager and City Attorney. 3. Approve the Project Cost Analysis for a total estimated project delivery cost of $1,090,945, which includes the contract base amount, administration, inspection, testing, and an authorized contingency of $87,280. 20E. IMPLEMENT CIVIC CENTER SAFETY AND SECURITY ENHANCEMENT PROGRAM (STRATEGIC PLAN NO 1, 1G; 6, 1A, 113, 1C; 7, 4) - City Manager's Office and Finance and Management Services Joese Hernandez, Orange County Communities Organized for Responsible Development (OCCORD), urged the City Council to create long term solutions; homeless issue highlights the importance for affordable housing. MOTION: 1. Approve the Civic Center Safety and Security Program for a the total project amount of $1,319,672 and direct the City Manager to collaborate with the County of Orange in implementing various common area enhancements through a joint funding initiative for the Civic Center Joint Powers Authority area. 2. Approve an appropriation adjustment. (Requires five affirmative votes) CITY COUNCIL MINUTES 10 SEPTEMBER 20, 2016 APPROPRIATION ADJUSTMENT NO. 2017-033 - Appropriating the City's contribution of $731,836 toward the total funding need of $1,319,672 from fund balance, resulting from Fiscal Year 2015-16, to fund various Civic Center Safety and Security Enhancement initiatives. SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. SPEC. NO. 16-093 - SOIL, PLANT, AND WATER TREATMENT CHEMICALS (STRATEGIC PLAN NO. 6, 1C) (Parks, Recreation and Community Services Agency; and Public Works Agency) - Finance and Management Services MOTION: Award a contract to Target Specialty Products for a one year period expiring September 30, 2017, with provisions for four one-year renewal options exercisable by the City Manager, in an annual amount not to exceed $90,000, subject to non -substantive changes approved by the City Manager and City Attorney. 22B. SPEC. NO. 16-094 - CITYWIDE ELECTRICAL SERVICES {STRATEGIC PLAN NO. 6, 1C) (Parks, Recreation and Community Services Agency; Public Works Agency; and Police Department) - Finance and 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 $160,000 subject to non -substantive changes approved by the City Manager and City Attorney, with the following vendors: Vendor Location Fullerton Electric Co. Fullerton Inter -Pacific, Inc. Tustin Williams & Maher, Inc. Santa Ana 22C. SPEC. NO. 16-059 - CHAIN LINK FENCE RENTALS {STRATEGIC PLAN NO. 5, 4) (Community Development Agency; Parks, Recreation and Community Services Agency; Public Works Agency) - Finance and Management Services MOTION: Award contracts for a two-year period expiring September 30, 2018, with provisions for three one-year renewals exercisable by the City Manager, in an annual aggregate amount not to exceed $67,000; which includes a $7,000 contract for portable restroom rentals, subject to non -substantive changes approved by the City Manager and City Attorney, with the following vendors: CITY COUNCIL MINUTES 11 SEPTEMBER 20, 2016 Vendor Location United Site Service, Inc. El Monte Quality Fence Co, Inc. Paramount 22D. SPEC. NO. 161-101 - ORANGE COUNTY SHERIFF'S DEPARTMENT BOMB SQUAD ROBOT UPGRADES {STRATEGIC PLAN NO. 1,51 (Police Department) - Finance and Management Services MOTION: Authorize a one-time purchase and payment of purchase order to Remotec in the amount of $70,260, subject to non -substantive changes approved by the City Manager and City Attorney. 22E. SPEC. NO. 16-096 - CONTRACTOR PLUMBING SERVICES {STRATEGIC PLAN NO. 6, 1C} (Parks, Recreation and Community Services Agency; Public Works Agency; and Police Department) - Finance and 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 All American Mechanical, Inc. Brea Pro -Craft Construction, Inc. Redlands RT Contractor Corp. Garden Grove Verne's Plumbing, Inc. Buena Park PROJECT/CHANGE ORDER 23A. AWARD CONTRACT FOR THE WALNUT PUMP STATION BUILDING UPGRADE PROJECT LOCATED AT 723 WEST WALNUT STREET (PROJECT 11-6412) {STRATEGIC PLAN NO. 6, 1C) - Public Works Agency MOTION: 1. Award a contract and authorize the City Manager and Clerk of the Council to execute a construction contract to Arnaz Engineering Contractors, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $3,596,000, for the term beginning upon execution of the contract and ending upon project completion, for the construction of the Walnut Pump Station CITY COUNCIL MINUTES 12 SEPTEMBER 20, 2016 Building Upgrade 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 $4,854,600, which includes the contract base amount, administration, inspection, testing, and $899,000 contingency. AGREEMENTS 25A. AGMT NO. 2016-267 — PROVIDE SPACE AT THE DELHI CENTER FOR LIBRARY PROGRAM SERVICES {STRATEGIC PLAN NO. 2, 2A) - Parks, Recreation and Community Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute a facility use agreement with the Delhi Center for an amount of $15,000 from October 1, 2016 through June 30, 2017, with two, one-year renewal options at the same amount each year, based of funding availability, subject to non -substantive changes approved by the City Manager and City Attorney. 25B. AGMT NO. 2016-268 - VETERINARY LABORATORY SERVICES AT THE SANTA ANA ZOO (STRATEGIC PLAN NO. 2, 2E) - Parks, Recreation and Community Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with IDEXX Laboratory, Inc. by increasing the compensation limit by $10,000 to an amount not -to - exceed $35,000 through the remaining term of the agreement, which is from July 1, 2015 to June 30, 2017, subject to non -substantive changes approved by the City Manager and City Attorney. MOTION: Authorize the City Manager and Clerk of the Council to execute a purchase agreement with property owner Johnny Orosco, and goodwill (if any), in the amount of $16,700, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Benavides SECOND: Tinajero CITY COUNCIL MINUTES 13 SEPTEMBER 20, 2016 VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Sarmiento, Tinajero (6) NOES: Martinez (1) ABSTAIN: None (0) ABSENT: None (0) 25D. AGMT NO. 2016-270 - AMENDMENT FOR LEASE OF REAL PROPERTY AT 595 EAST 14TH STREET FOR PLACEMENT OF WATER TANK {STRATEGIC PLAN NOS. 2, 1 & 6, 1 C) - Public Works Agency 25E. MOTION: Authorize the City Manager and Clerk of the Council to execute a first amendment to an agreement with the Santa Ana Unified School District to extend the existing lease of real property located at 595 East 14th Street for the seven -month period beginning September 20, 2016, through April 19, 2017, with provision for an additional renewal, exercisable by the City Manager and City Attorney, subject to non -substantive changes approved by the City Manager and City Attorney. *Councilmembers Tinajero and Amezcua abstained on said item. MOTION: Authorize the City Manager and Clerk of the Council to execute a purchase agreement with Tenant -Seller Alejandra Gonzalez for the full purchase price of said tenant interest and goodwill (if any), in the amount of $10,216, subject to non -substantive changes approved by the City Manager and City Attorney. MOTION: Tinajero SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Sarmiento, Tinajero (6) NOES: Martinez (1) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 14 SEPTEMBER 20, 2016 25F. AGMT NO. 2016-272 - POLICY MANUAL MAINTENANCE AND SUPPORT TO THE POLICE DEPARTMENT {STRATEGIC PLAN NO, 1, 11 - Police Department MOTION: Authorize the City Manager and Clerk of the Council to execute a three-year agreement with Lexipol, LLC, for the period of September 20, 2016 through September 19, 2019, in an amount not to exceed $50,850, which includes a contingency amount of $13,900, subject to non -substantive changes approved by the City Manager and City Attorney. 25G. MANAGED PRINT SERVICES AND PURCHASE OF DOCUMENT PRINT MANAGEMENT SOFTWARE (SPEC. 16-076) {STRATEGIC PLAN NO. 7, 5} - Finance and Management Services 25H. MOTION: 1. AGMT NO. 2016-273 - Authorize the City Manager and the Clerk of the Council to execute a Managed Print Services agreement with C3 Technology Services in an annual amount of $150,000 for the period of November 1, 2016 through September 30, 2018, with an option for an additional two one-year renewals, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and the Clerk of the Council to add a contingency to execute the option to purchase a document management software, PaperCut, through C3 Technology Services for an annual amount totaling $18,000 over a 2-year period. Councilmember Martinez, noted that grant funds to be used for overtime, educational efforts and address gang activity; funds to be used over a three year period. MOTION: Authorize the City Manager and the Clerk of the Council to execute an agreement with the Orange County Sheriff's Department for the period of August 23, 2016 through September 30, 2019, in the amount of $90,189.19, subject to non -substantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES 15 SEPTEMBER 20, 2016 MOTION: Martinez SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Martinez, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 251. AGMT NO. 2016-275 - MEDICAL MARIJUANA BUSINESS LICENSE TAX AUDITING SERVICES (STRATEGIC PLAN NO. 4, 2A) - Finance and Management Services MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Macias Gini & O'Connell, LLP for an initial two-year term beginning January 1, 2017 through December 31, 2018, for an amount not to exceed $250,000 over the life of the initial agreement with a provision for one one-year extension exercisable by the City Manager and the City Attorney, in an amount not to exceed $125,000 subject to non -substantive changes approved by the City Manager and the City Attorney. 25J. AGMT NO. 201:6-276 - EXCLUSIVE NEGOTIATION AGREEMENT, FOR PLAN; NO. 6, Councilmember Martinez, has been consistent no vote on land acquisition on Bristol Street. City Manager Cavazos, indicated that property owners to enter into negotiations with the City for possible land trade; will allow City to convert as permanent open space. Councilmember Benavides, appreciates opportunity to expand park space and community to utilize. Mayor Pro Tem Sarmiento, noted that property has had significant community benefit and used by neighboring church; asked how much would it have cost the City to acquire land (if not negotiating trade); this project may allow future trade negotiations. CITY COUNCIL MINUTES 16 SEPTEMBER 20, 2016 MOTION: Authorize the City Manager, Clerk of the Council and City Attorney to execute an Exclusive Negotiation Agreement on behalf of the City of Santa Ana with Ma May Thet Naing for period of 180 days from the execution of the agreement, with two, 90-day extension periods. MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: RESOLUTION SECOND: Amezcua Amezcua, Benavides, Pulido, Reyna, Sarmiento, Tinajero (6) Martinez (1) None (0) None (0) **END OF CONSENT CALENDAR** BUSINESS CALENDAR ITEMS 55A. BIENNIAL REVIEW OF CONFLICT OF INTEREST CODE POLICY, LIST OF DESIGNATED CLASSIFICATIONS REQUIRED TO FILE ANNUAL DISCLOSURE FORM (STATEMENT OF ECONOMIC INTERESTS FORM) {STRATEGIC PLAN NO, 5, 11 - Clerk of the Council Office MOTION: Adopt a resolution. RESOLUTION NO. 2016-074 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE CONFLICT OF INTEREST CODES OF CERTAIN CITY AGENCIES AND DEPARTMENTS MOTION: Martinez SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 17 SEPTEMBER 20, 2016 PUBLIC HEARING 75A. RESOLUTION TO AUTHORIZE NEGOTIATION FOR THE SALE OF CITY - OWNED REAL PROPERTY AT 2129 NORTH MAIN STREET, APNS 003- 113-80 AND 003-113-81 (STRATEGIC PLAN NO. 3, 5A) - Planning and Building Agency Legal Notice published in the Orange County Reporter on September 9, 2016. Mayor Pulido opened the Hearing. There were no speakers and the Hearing closed. MOTION: 1. Adopt a resolution. RESOLUTION NO. 2016-075 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING DIRECT NEGOTIATIONS FOR THE SALE OF CITY -OWNED REAL PROPERTY AT 2129 NORTH MAIN STREET 2. AGMT NO. 2016-277 - Authorize the City Manager and Clerk of the Council to execute the an Exclusive Negotiation Agreement with Net Development Co. and accept a "good faith" deposit of $90,000 for the purpose of developing a hotel on the site, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Martinez SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Tinajero (6) NOES: None (0) ABSTAIN: Sarmiento(1) ABSENT: None (0) CITY COUNCIL MINUTES 18 SEPTEMBER 20, 2016 COUNCIL AGENDA ITEM 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. DIRECT STAFF TO PREPARE A RESOLUTION OF THE CITY COUNCIL IN SUPPORT OF HOUSE REPRESENTATIVE 6001 AND SENATE 3314 TO ESTABLISH THE SMITHSONIAN AMERICAN LATINO MUSEUM AND DESIGNATE THE ARTS AND INDUSTRIES BUILDING AS ITS FUTURE LOCATION WASHINGTON, D.C. — Councilmember Reyna and Councilmember Benavides Councilmember Reyna, supports efforts to add a Latino Smithsonian Museum in Washington DC.; need representation at the National level. Councilmember Benavides, echoed comments and urged the City Council to support proposal. MOTION: Direct staff to prepare a resolution for City Council consideration. MOTION: Reyna VOTE: AYES: NOES: ABSTAIN: ABSENT: WORK STUDY SESSION SECOND: Benavides Amezcua, Benavides, Martinez, Pulido, Reyna, Tinajero (6) None (0) None (0) Sarmiento (1) WS-1. PROVIDE STAFF DIRECTION AND DISCUSSION FOR PROPOSAL ON ECONOMIC DEVELOPMENT AND NONPROFIT FUNDS - City Manager's Office Continued from the August 16, 2016 City Council by a vote of 4-0 (Martinez, Pulido, and Reyna absent). Continued from the September 6, 2016 City Council Meeting. Community Enhancement Program Grant (CEPG) CEPG Program / Designed to fund nonprofit public services that support health, human and/or quality of life services to residents of Santa Ana CITY COUNCIL MINUTES 19 SEPTEMBER 20, 2016 May be a new service or an expansion of an existing service Funding: $500,000 available $125,000 cap per project — 12 month project period Anticipate 4-6 projects Nonprofit Application Process Reviewed by staff for initial qualification: Aligned with Santa Ana Strategic Plan Goal Nonprofit Status Rating panel will evaluate based on a point system described in the application Recommendations presented to City Council for approva Strategic Plan Alignment Programs must align with a Strategic Plan Goal Strategic plan alignment questions are incorporated into the application Evaluation of applications includes points for Strategic Plan alignment Strategic Plan Eligible Categories lo Community Safety Crime Prevention Homeless Services Traffic/Pedestrian/Bicycle Safety Water Safety Fire Safety/Prevention / Youth, Education, Recreation Youth Sports Programs Career pathways Programs to reduce high school dropout rates Continuing education, mentoring and recreation Strategic Plan Eligible Categories Community Health, Livability Engagement & Sustainability Programs with measures to address water conservations and energy efficiency New neighborhood improvement initiatives focusing on areas affected by disinvestment and decline Strengthen, expand and stabilize funding for the arts Integrate health and wellness programs into city community/recreation centers Implement health and wellness programming Expand senior center programming to provide art, culture and health Nonprofit Application Timeline CITY COUNCIL MINUTES 20 SEPTEMBER 20, 2016 Economic Development Initiatives (EDI) Grant Overview / Economic Development Funding and Staffing / Santa Ana Economic Indicators / Real Estate Investment / Unemployment ► Investment in the City ► Vibrant Economic and Business Activity / Major Residential Projects / Public -Private Partnerships ► Economic Development Initatives a Proposal Categories a Funding I Eemmade Development Ptiblic/Private - $t million Partnerships Economic Development and Infrastructure - $1.6 million (S400k each corridor) Projects in Corridors (Downtown, Harbor, S. Many IV' Street) General Fund Allocation (Economic $617,866 (includes I time $150,000 $465,675 Development Division) allocation for ED) Former Enterprise Zone funds - includes $502,000 $265,500 funding for: • Chamber GROW Conference($50,000) • Chamber DiJjerenre Makaes($2,000) • Chamber Business Retention Program ($10,000) • Stare of the City ($$,000) • Chamber Community Guide ($7,000) • Chamber Tasw of Santa A. (j2,000 Downtown $302,000 - WORK Center (Federal Funding) $3,221,503 $3,171,375 South Main Public Improvements (settlement) $250,000 $4.7 million Additional Improvements for S. Main - $2.5 million (redevelopment bonds Strategic Plan Wayfinding $400,000 Marketing $50,000* Marketing $50,000* Downtown $25,000* Downtown $25,000* Sister Cities Initiative $25,000* ED Strategic Plan $120,000 Arts and Culture $250,000* Arts and Culture $250,000* Sister Cities Initiative $25,000* Total $870000 Total 350,000 Surplus Funds (Branding & Placemaking) $150,000 $150,000 Total $5,913,369 $14,202,550 *Recurring funding source Budgeted Positions that Support Economic Development WORK Center: (2) Economic Development Specialist III (10) Workforce Specialist II CITY COUNCIL MINUTES 21 SEPTEMBER 20, 2016 (2) Workforce Specialist IV (2) Senior Office Assistant 16 Total Full Time Positions Economic Development Division: Executive Director of Community Development (45%) Economic Development Specialist III Senior Management Analyst (15%) Community Development Commission Secretary (45%) 2 Full time positions Downtown: Downtown Development Liaison 1 Full time position 19 Full Time Positions in Total Santa Ana Economic Indicators (FY 15-16) T # of Business Licenses 29,107 Building Permits 6,700 T Property Values $23,013,226,208 T Sales Tax $43,232,124 T Hotel Visitors Tax $8,983,179 T Building Permit Valuation $149,546,183 T Job Seekers assisted by WORK Center 26,910 T Real Estate Investment Banc of California 178,334 2016 Deutsche Bank 136,269 2015 DHL 61,731 2016 The Enthusiast Network 61,609 2015 PacifiCare Insurance 60,000 2015 American Cooling Tower 49,700 2015 GS Overnight Delivery 47,765 2015 Round 1 Entertainment 47,500 2015 24-Hour Fitness 47,500 2015 Atlas International 46,600 2015 Jobber's Wholesale 46,417 2016 Hobby Lobby 46,000 2015 Del Amo Motorsports 145,411 2015 CITY COUNCIL MINUTES 22 SEPTEMBER 20, 2016 New American Funding 141,418 12015 inemployment 160% - - - 14.0% ' 12.0% 30.0% 8.V. 6.0% 4.0% 2.0% 0.0% __. -._ .--._ I ___ 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Santa Ana -.11 a County —t-California United States *Santa Ana's annual unemployment rate in 2015 was 5.2%. Investment in the City ► Over 1.9 million square feet leased since 2015 ► Over $10 million dollars (City funding) earmarked for Economic Development efforts in upcoming years / Over $50 million invested by MainPlace Mall to redevelop former Macy's Men's store Vibrant Economic and Business Activity -- - • Reimagined 30,000 sq. ft. building Invested over $22 million to double current size • Home to innovative drink and dining 44,000 sq. ft. of new building and renovated Santa Ana to become the first Gigabit city In Orange County IMMIllwail AAA -rated four Diamond and above quality hotels in the City soarce 0ry0t_Wnn Ana Comman/n'�✓alnpmertlA9ency CITY COUNCIL MINUTES 23 SEPTEMBER 20, 2016 Major Residential Projects 301 Entratte lane .5.� -. j.. �. ��IYr��. ter.. • *,Y�.' la ;. • 286-unitiesidentialdevelopment Orrsite amenities Located In MacArthur Place at 20o EFirst American Way Major Residential Projects 219 residential units and 4 live/work units • 6,3130sq. ft. commercialspace • Located In City Place at • 1,225 unit residential development Located nearlrvine/Tutin border at 900 sq. k. of retail space and 5,SW sq. ft, of restaurant space 2001 E. Oyer Road. Public -Private Partnerships 0 City/Chamber Business Retention team — over 250 businesses visited since 2015 / Warner Industrial Assessment District — 50/50 City/Business cost share to improve local industrial streets / South Main Street Public Improvements — Over $7 million will be invested next 5 years Economic Development Initiatives (EDI) - Objectives / Encourage local private and public partnerships. / Vibrant economic development activities to increase prosperity of local residents and businesses. CITY COUNCIL MINUTES 24 SEPTEMBER 20, 2016 / Leverage limited City resources and improve City service/delivery at the local level. / Focus on short-term economic stabilization and long-term economic sustainability. Proposal Categories 1. Marketing/Tourism: • Marketing campaigns • Targeted advertisement • Marketing collateral • Business newsletters • Citywide photography • Website development; 2. Technology: • Smart phone/web based apps. to streamline City development process • Technology incubator • Website development • Partnerships with educational institutions 3. Small Business Development: • Small business training & workshops • Small business loan programs • Facade rehabilitation programs • Partnerships with educational institutions. Funding / Up to $1 M allocated for economic development initiatives. / No minimum or maximum award amount; however, anticipated award amounts to range from $100K to $250k. / 12-18 months performance period. Funding Alternatives 1. Release RFP as presented 2. Direct Allocation of $1 million in economic development project funds to an organization(s) in public/private partnership 3. Combination of the above City Council discusssion ensued. Provided staff direction on the Request for Proposal process. CITY COUNCIL MINUTES 25 SEPTEMBER 20, 2016 COMMENTS PUBLIC COMMENTS • Beth Mays and David Bracey, Anaheim University, invited all to upcoming 20 year celebration of nationally accredited on-line graduate university; offering 40% discount if enrolled by March 31, 2017 offered to Orange County residents. • Rebecca Cousins, Policy Analyst at the Alliance for Healthy Orange County, spoke in support of Active Transportation and proposed development of a Complete Streets Mobility Commission. • Victor Payan, invited all to attend upcoming Film Festival at the Bowers Museum on October 13, 2016 • Thomas Anthony Gordon, spoke in opposition to the Needle Exchange Program and the homeless situation at the Civic Center Plaza area. • Tish Leon, thanked the City Council for the $30,000 donation to host the 15t Senior Citizen Health Fair. • Ilya Tseglia, request continued assistance from the City in helping him with son's situation • Robert Tseglia, echoed comments by his father, Ilya. 90A. CITY MANAGER'S COMMENTS • Highlighted success of Savor Santa Ana event held last Friday, September 15, 2016. 90B. CITY COUNCILMEMBER COMMENTS Councilmember Martinez: • Requested consideration for additional Code Enforcement Officers to address quality of life issues; • Asked for update on vending food truck ordinance; • Commented on number of gang shootings and importance of perception; asked how we communicate with residents; need to get in front of the issue; and • Madison Park Neighborhood hosting Walk -a -Thou; invited all to attend on Saturday, September 24th Councilmember Tinajero: • Thanked the staff for Work Study Session on economic development; reflected on past tough decisions that is contrast to position we are in today where we are spending money; City Council has invested in our children; and CITY COUNCIL MINUTES 26 SEPTEMBER 20, 2016 • Noted that Santa Ana has high ranking football teams in our district; encourages all to continue to be active. Mayor Pro Tern Sarmiento: • Madison Park hosting event and senior's hosting Health Fair both on Saturday; invited all to attend; • Fiestas Patrias a great success; congratulated staff on job well done; • Police Department needs to continue increased hiring practice to address homeless in the Civic Center and other issues raised by resident of Harbor Blvd. Councilmember Amezcua: • Attended Savor Santa Ana; thanked sponsors and all in attendance; and • Thanked Rose Ann Trujillo, Senior Deputy Clerk of the Council for her service to the City upon her retirement. Councilmember Reyna: • Attended Savor Santa Ana; great success; • Encouraged all to continue to shop in Santa Ana; • Asked all to continue to be water wise; • Logan Neighborhood Association will be hosting their annual event; invited all to attend • October 15t will be Saddleback's Back to School Night; good opportunity to obtain information on college entrance as well as Senior Citizen Talent Show the same evening; • Acknowledged and congratulated Rose Ann Trujillo on her retirement for her many years of service to our City; and • Noted that by shopping in Santa Ana it allows for revenues to help our youth programs. Councilmember Benavides: • Congratulated and thanked Rose Ann Trujillo on her retirement; • Commented on Savor Santa Ana's success; • Fiestas Patrias were another great success; • Commented on homeless issues; City Council has designated funds for safety and security measures; need the cooperation and collaboration from the County to help solve the issue; need permanent solutions; and • Excited that City funds and supports youth programs. Councilmember Tinajero left at 9:04 p.m. and did not return. Mayor Pulido: • Savor Santa Ana was successful - art galleries open and live music; in all 27 restaurants participated in this event. CITY COUNCIL MINUTES 27 SEPTEMBER 20, 2016 ADJOURNED- 9:09 p.m. - The next meeting of the City Council is scheduled for Tuesday, October 4, 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. 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 28 SEPTEMBER 20, 2016