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HomeMy WebLinkAbout13A - COUNCIL CMT�� lily CITY OF SANTA ANA,' COUNCIL COMMITTEE MEETING AGENDA ECONOMIC DEVELOPMENT, INFRASTRUCTURE, BUDGET AND TECHNOLOGY COMMITTEE MONDAY, NOVEMBER 13, 2017 5:00 P.M. CALL TO ORDER City Hall Ross Annex, Conference Room 1600 20 Civic Center Plaza, Santa Ana, California Committee Members: Michele Martinez, Chairperson P. David Benavides, Vice -Chairperson Vicente Sarmiento Recording Secretary: Te M. Gilford PUBLIC COMMENTS - Members of the public are allowed three minutes to speak on agenda items or matters within the jurisdiction of the Committee. AGENDA ITEMS 1. Approval of Minutes from the September 18, 2017 Special Meeting {Strategic Plan No. 5, 11 2. SB -1 Funding Verbal Update {Strategic Plan No. 6, 1} (Fred Mousavipour, PWA) 3. Entitlement Review Process Verbal Status Update {Strategic Plan No. 3, 3} (Candida Neal, PBA) 4. Fiscal Year 2017-18 First Quarter Budget Update {Strategic Plan No. 4, 1} (Francisco Gutierrez, FMSA) 5. Verbal Update on plans for Santa Ana / Garden Grove Joint Meeting Re: Willowick Golf Course {Strategic Plan No. 3, 21 (Marc Morley, CDA) 6. Workers Cooperatives Update {Strategic Plan No. 3, 11 (Marc Morley, CDA) 7. Presentation on Business License Review: Outreach and Feedback {Strategic Plan No. 4, 1} (Francisco Gutierrez, FMSA) 8. Presentation on Affordable Housing Funds Policies and Procedures {Strategic Plan No. 4, 5} (Judson Brown, CDA) Santa Ana City Council Miguel A. Pulido, I Michele Martinez, Vicente Sarmiento, Jose Solono, I P. David Benavides, I Juan Villegas,Sal Tinalero, Mayor Mayor Pro Tem, Ward Ward Ward Ward Ward Ward Mftlidcam nta 2 vsannimmasa to a.o,o Asdomra,nv,oa wo oaenamaesrmsamaana.ao .iveieaosrasant . .oro snoo�e,rassma.ana.om NlMaMnezrdsanlaana I City Hall, 20 Civic Center Plaza . P.O. Box 1988 . Santa Ana, California 92702 Mayor & Council Telephone: 714.647-6900 . Agenda Item Inquiries: 714.647.6520 . Website: www.santaana.orq 13A-1 STAFF COMMENTS COMMITTEE MEMBER COMMENTS ADJOURNMENT—The next regular meeting is scheduled for Monday, January 8, 2018, at 5p.m. If you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at (714) 647-5624. Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title Il, 28 CFR 35.102] The complete Strategic Plan document is available at http://www.santa-ana.orglstrategic-planning/ ECONOMIC DEVELOPMENT, INFRASTRUCTURE, BUDGET 2 November 13, 2017 AND TECHNOLOGY AGENDA 13A-2 CITY OF SANTA ANA CITY COUNCIL COMMITTEE ON ECONOMIC DEVELOPMENT, INFRASTRUCTURE, BUDGET AND TECHNOLOGY SPECIAL MEETING MINUTES SEPTEMBER 18, 2017 CALL TO ORDER CITY HALL 20 Civic Center Plaza, Room 1600 Santa Ana, CA 5:32 P.M. ATTENDANCE COUNCIL COMMITTEE MEMBERS Present: Vincent Sarmiento (5:32pm) Michele Martinez, Chair P. David Benavides, Vice Chair STAFF Present: COUNCIL COMMITTEE MEMBER(S) Absent: None Robert Cortez, CMO Jorge Garcia, CMO Francisco Gutierrez, FMSA William Galvez, PWA Sergio Vidal, FMSA Fred Mousavipour, PWA Te M. Gilford, CDA, Recording Secretary PUBLIC COMMENTS Gil Salmon wanted to speak up as a Santa Ana resident on two items. The first item is fiber optics in Santa Ana. Mr. Salmon also mentioned that he is excited that the City is aware Amazon is looking for a new headquarter, and is in the process of submitting a proposal. ***END OF PUBLIC COMMENTS*** AGENDA DISCUSSION ITEMS Approval of Minutes from the May15, 2017 Special Finance, Economic Development, & Technology Committee Meeting of May 15, 2017. Motion: Benavides SECOND: Martinez Vote: AYES: Benavides, Martinez (2) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento (1) Economic Development, Infrastructure, Budget & Technology Minutes 1 - 1 September 18, 2017 13A-3 (Item 4 was taken out of order.) 4. Business License Review: Schedule and Plan (Strategic Plan No. 4, 1) Mayor Pro Tem Martinez stated that this item was brought to her attention by one of her constituents, a Santa Ana small business owner. She stated that specifically for home business licenses, the fee is particularly high. Chair Martinez stated that the City wants to be supportive of the over 31,000 small businesses in Santa Ana, and promote new businesses in our community, and encourage entrepreneurs. Chair Martinez' focus is making fees relate to the market and local community, and suggested surveying local business owners to inquire about the process. Francisco Gutierrez, Finance and Management Services Executive Director, presented a comprehensive analysis of our business tax and rate structure. This analysis was also compared to other cities. Mr. Gutierrez stated that the City plans to meet with the Chamber to Commerce to hear their input and include their feedback. Mayor Pro Tem Martinez stated that the City should also look deeper into Airbnb license revenue. Santa Ana has approximately 8,000 residential rental properties with the potential of being an opportunity. Resident Gil Salmon stated that there are currently requirements that make building a business in Santa Ana difficult. For example, the home occupancy permit for renters need home owner approval to operate a home based business. He also pointed out that Airbnb is all over the City. Mr. Salmon stated that Airbnb automatically remits bed taxes, and noted that revenue can be taxed at the same rate as hotels. 2. Update on Fiber Optic Utility Infrastructure / Gigabit Santa Ana (Strategic Plan No. 6, 1C; 1E; 1G; 11) (William Galvez, PWA) William Galvez, City Engineer, provided an update for the City's plan to bring dark fiber to Santa Ana, including resident and business use. In April 2016 with the Master Plan update, funding was not provided with the current proposals. Currently, funding is not available. This program is also contingent on the purchase of street lighting. Finance, Public Works and IT are also looking into a combined fiber with wireless capability to make the project sustainable. Mayor Pro Tem Martinez stated that she has been excited for this project, and is looking forward to the next steps. She suggested not being deterred by lack of funding, and should be looking into small cell sites, or partnering with vendors such as Crown Castle, to tie into their fiber. Assistant to the City Manager, Jorge Garcia stated that SB -649 (This bill would provide that a small cell, as defined, is a permitted use, subject only to a specified permitting process adopted by a city or county, if the small cell meets specified requirements) passed legislature and should be signed mid-October. He also stated that 13 states currently have this, and 12 more states are on the docket. The City has reached out to both AT&T and Verizon to get the most value for our citizens. Mayor Pro Tem Martinez requested an update be provided to Council. Economic Development, Infrastructure, Budget & Technology Minutes 1 - 2 September 18, 2017 13A-4 3. Update on Purchase of SCE -owned LED Streetlights — Presentation {Strategic Plan No. 6, 1C; 1G) (William Galvez, PWA) William Galvez, City Engineer, stated that the option to purchase 7,800 streetlights went to Council. Finance is working on a transition plan, to switch over approximately 1,000 street lights per month. Currently, 95% of the City is covered by the lighting plan, and we will focus on which poles need to be knocked down. A total of approximately 4,000 lights will remain Southern California Edison (SCE) owned. The City plans to continue working on securing those poles, including placing sensors to capture information data. SCE originally wanted to bring the purchase back to Council. LED improves visibility, breaking time, and reduced maintenance costs by almost 1 million dollars per year. Currently we are at a status quo until we can determine a finance plan. For City's owner light posts, staff will be responsible for maintenance duties, and will utilize a contractor for any knockdowns. ITEMS MOVED TO NEXT COMMITTEE MEETING: None PUBLIC COMMENTS: None COMMITTEE MEMBER COMMENTS Chair Martinez i Look into pension and PARS update on where we are in Santa Ana. Reduce the City's liability for next budget cycle. Look into resources going forward to be proactive with water grant opportunities, since the City cannot use potable water any longer in medians. Requested that staff submit a memo including a list of Senate Bill 1 (SB -1) Road Repair and Accountability Act of 2017 projects, ordered by resolution to present to Council by the October deadline. Vice Chair Benavides Requested that Economic Development Staff provide an update, including business attraction and retention, and the status of the new Economic Development Specialists position to Council. ADJOURNED: 6:46 p.m. The next Economic Development, Infrastructure, Budget, and Technology meeting is scheduled for Monday, November 13, 2017 at 5:00 p.m. f G Te M. Gilford Recording Secretary Economic Development, Infrastructure, Budget & Technology Minutes 1 -3 September 18, 2017 13A-5 13A-6 CITY OF SANTA ANA COUNCIL COMMITTEE COMMITTEE MEETING AGENDA PUBLIC SAFETY, CODE ENFORCEMENT AND NEIGHBORHOOD EMPOWERMENT November 14, 2017 5:30 P.M. CALL TO ORDER City Hall Ross Annex, Conference Room 1600 20 Civic Center Plaza, Santa Ana, California Committee Members: Chair Solorio, and Committee Members V[Ilegas, Tinajero. Staff: Police Chief, OCFA Division Chief, Assistant City Attorney Recording Secretary: Elizabeth Plotnik PUBLIC COMMENTS - Members of the public are allowed three minutes to speak on agenda items or matters within the jurisdiction of the Committee. AGENDA ITEMS Approval of Minutes from the September 12, 2017 Meeting. 2. Approval of Minutes from October 2, 2017 Meeting. 3. Approval of Minutes from October 10, 2017 Meeting. 4. Update on Police Officer Recruitment and Hiring — Manager Carroll {Strategic Plan Goal No. 1, 1i) (Continuous Information Item) 5. Presentation on Shotspotter Technology {Strategic Plan Goal No. 1, 2a) DIf you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at (714) 647-5624. Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for l� accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.1021 Santa Ana City Council Miguel A. Pulido, Michele Martinez, Vicente Sarmiento, Jose Solodo, I P. David Benavides, I Juan Villages, I Sal Tinajero, Mayor Mayor Pro Tem, Ward 1 Ward 3 Ward 4 Ward 5 Ward 6 Mh�iEonu umaana ora Ward 2 VSmmiems¢samaaiu mo JSalodo®zamea VUMdae®ume -as JMMas®,amaaiu wa sTnalerofdsanla-ana.am Mma,nna�wnla-a,w ma y City Hall, 20 Civic Center Plaza 88 9 Santa Ana, California 92702 Mayor & Council Telephone: 714-647-6900 • A9e d 9n uiries: 714-647-6520 • Website: www.santa-ana.oro 6. Review and Possible Action Regarding Draft Ordinance on Abandonment of Homeless Individuals in Santa Ana — CAO {Strategic Plan Goal No. 5, 3d} 7. Review and Possible Action Regarding City of Sacramento's Ordinance on Aggressive Panhandling COMMITTEE MEMBER COMMENTS FUTURE AGENDA ITEMS ADJOURNMENT — The next Public Safety and Neighborhood Improvement meeting is scheduled for Tuesday, January 9, 2018, at 5:30 PM at the City Hall Ross Annex, Room 1600, 20 Civic Center Plaza, Santa Ana, CA. The complete Strategic Plan document is available at http://www.santa-ana.org/strategic-planning/. 13A-8 CITY COUNCIL COMMITTEE ON PUBLIC SAFETY, CODE ENFORCEMENT &r MINUTES CALL TO ORDER: ATTENDANCE: MEMBERS ABSENT: STAFF PRESENT: September 12, 2017 Ross Annex, Room 1600 City Hall, 20 Civic Center Drive Santa Ana, California 5:39 PM Council Committee members: Jose Solorio Juan Villegas Sal Tinajero Cynthia Kurtz, CMO - David Valentin, PD Ken Gominsky, PD OD EMPOWERMENT Robert Cortez, CMO James Schnabl, PD Robert Carroll, PD Tamara Bogosian, CA Candida Neal, PBA Jorge Garcia, CMO Randy Black, OCFA Judson Brown, CD Alvaro Nunez, PBA Yessenia Aspeitia, PD Elizabeth Plotnik, Recording Secretary PUBLIC SPEAKERS: Jose Rea, concerned constituent, Madison Park NA Connie Hamilton, concerned constituent, South Coast NA Nancy Lutz, concerned constituent, Washington Square NA Susan Van der Roest, concerned constituent, Washington Square NA Ginelle Hardy, concerned constituent, Heninger Park NA Mary Thornton, concerned constituent, Wilshire Square NA Tom Lutz, City Liaison, Washington Square NA Chris Schmidt, concerned constituent, Windsor Village NA 1 13A-9 PUBLIC COMMENTS Jose Rea, resident of Madison Park neighborhood, shares letters written by the Health & Neighborhood Alliance, in support of installing security cameras in the parks. He believes all the parks in the City need to be made safer, before adding additional parks. He also comments on Mariscos Hector, by stating he does not support an expansion of their liquor license. Connie Hamilton, concerned constituent, requests an update from the Police Department on the body worn camera program. She also inquires about the status of a customer service survey of the Police Department's response times and overall service, as this idea was once proposed but hasn't come to fruition. Ms. Hamilton also comments on fireworks, asking they be made illegal, and shares her gratitude for action taken to address the CA Lodge. Lastly, Ms. Hamilton suggests OCFA implement a plan for residents to use FRS radios to communicate, in case of emergency. AGENDAITEMS 1. Approval of Minutes from July 11, 2017 Meeting. 2. Update on Recommended Accessory Dwelling Unit Ordinance — Candida Neal, Planning and Building {Strategic Plan No. 5, 3) Planning Manager Candida Neal addressed the Council Committee with an update on a draft ordinance for accessory dwelling units, in response to community members' input during the initial ordinance update period of late 2016 thru early 2017. She discussed the issues of parking, lack of open space, and overcrowding and provided criteria and standards to address each issue. While the state law says that criteria should not be related to parking, an exemption can be made for accessory dwelling units, within half a mile of public transit, to not be required to have parking provided. Manager Neal explains that the City can specifically define "public transit" to limit where the exemption would apply. She gives suggestions of standards that would ensure ample open space, and states there are sufficient water and sewer resources to support accessory dwelling units. Candida also addressed the concern of insufficient police services, stating that while the issue has been discussed, restrictions cannot be made that would inhibit the development of new accessory dwelling units, and that therefore criteria for police services needs to be researched further. PUBLIC COMMENTS (pertaining to Item No. 2) 2 13A-10 Nancy Lutz, resident of Washington Square neighborhood, comments on the development of accessory dwelling units in the City, sharing her concern about insufficient services. She suggests that the ordinance require unit occupants be the owners. Susan Van Der Roest, resident of Washington Square neighborhood, shares her concerns about public safety. Given the lack of officers and delay in response to calls for service, Ms. Van Der Roest suggests that public safety be more strongly considered. She also suggests asking the State of California for an extension in drafting the ordinance, to allow more time for community input. Ginelle Hardy, resident of Hedinger Park shares her appreciation of the draft, but seeks clarification about whether the permitted detached unit is required to be within the residence or free-standing. Ms. Hardy also inquires further about exemptions. Mary Thornton, resident of Wilshire Square, requests additional time for community input, and agrees with comments made by other speakers. Ms. Thornton adds that, to ensure privacy, neighbors should be allowed review applications prior to a unit being approved. She inquires about illegal units and minimum lot size. Tom Lutz, City Liaison of Washington Square, inquires about the necessary sense of urgency in creating the ordinance, -as he was never informed in meetings. He also requests that City staff provide the Washington Square neighborhood association a presentation about the development of accessory dwelling units, to properly inform residents. Manager Neal provides a response to public comments, stating that the units are required to be owner -occupied, and that there are exemptions for pre-existing units. She also notes that additional presentations will be scheduled at neighborhood association meetings, to answer any further questions and gain public feedback. Lastly, Manager Neal states that staff will continue to research criteria pertaining to privacy, and clarifies why these units are considered affordable housing. ACTION: Chairman Solorio: requests that Planning and Building Staff continue to review criteria pertaining to parking, to ensure any provisions made are in line with State laws requirements. Chairman Solorio also directs Staff to consider possible insufficient Police services, especially in more dense areas of the City, to ensure public safety needs are not made worse by new accessory dwelling unit developments. Chairman Solorio also requests that follow up be provided about what items, aside from open space, were considered. 3 13A-11 (Item No.4 is taken out of order.) 4. Update on Mariscos Hector and Impact to Neighborhood— Planning and Building, Public Works and Santa Ana Police Department {Strategic Plan No. 5, 41 Commander Gominsky reviews recent police -related issues pertaining to the activity that has taken place at the Mariscos Hector location, located at 1208 E. McFadden, stating that it is located in the 18`h most active police grid in the City. As this location is requesting to change its alcohol license, the police department reviewed the activity in and around the business, to provide recommendation as to whether or not to approve license change. Manager Neal added that while the Planning Commission has not taken any action, this business is operating within the parameters of their Conditional Use Permit. She added that if there are concerns, the business owners and Department of Alcoholic Beverage Control (A.B.C.) can be contacted. ACTION: Chairman Solorio: requests that recommendations made by the Police Department, as well as suggestion to contact the owners and A.B.C., be taken to the Planning Commission for serious consideration. Additionally, Chairman Solorio requests a written memorandum be provided for further clarification, with an update for each location, as there are multiple locations in the City with the same business name. Co -Chair Villegas: states that complaints of parking and drinking were shared at a recent Minnie Street neighborhood meeting, and therefore the business's alcohol license should not be changed. Co -Chair Villegas suggests continued monitoring of the activity, before the Planning Commission makes a decision on the potential alcohol license change. 5. Update on Open Government/Police Operations — Chief David Valentin {Strategic Plan No. 1, 21 Chief Valentin addresses the Council Committee with an informational overview of a new link to _ be created on the Police Department's webpage, entitled "Open Government". The purpose of this link is to enhance transparency of Police Operations, by providing the public with the following information: Use of Force, Community Complaints, and FBI Part 1 Crime Data. 4 13A-12 6. Update on Police Officer Hiring — Deputy Chief Schnabl and Manager Carroll {Strategic Plan No. 1, 21 Manager Carroll presents the Council Committee with an update on Police Officer hiring, by reviewing the number of vacancies compared to filled positions year-to-date, as well as the number of additional officers that are projected to be hired. Manager Carroll also shared additional considerations, such as a Lateral Incentive Program, additional funding for marketing, and additional staffing for the Background Unit that would aide in hiring more officers. Deputy Chief Schnabl adds that Santa Ana Police Department will not lower its standards, unlike other police agencies. Chief Valentin clarifies that a shorter academy would be a possibility only for Park Rangers and not Police Officers, as they would have a different classification with different standards. ACTION: Chairman Solorio: suggests considering a bonus program for recruits, in addition to a lateral recruitment incentive. He also suggests changing job classifications as a solution to hiring individuals to work as Park Rangers. Co -Chair Villegas: states that he does not support a shorter academy or lowered standards for police officers, but continues to stress the need for hiring more officers. (Item No.3 is taken out of order.) 3. Homeless Planning — Presentation — Judson Brown, Community Development Homeless Prevention, Intervention and Mitigation — Robert Cortez, City Manager Office {Strategic Plan No. 5, 3d} Housing Division Manager Judson Brown provides the Council Committee a presentation on homelessness in the City and County, sharing the current population of homeless, common causes, and average costs to address homelessness. Included in the presentation is a recap of how the City and County has responded to homelessness and what funds are budgeted to reduce homelessness. Manager Brown noted that two main causes of homelessness are loss of job and lack of affordable housing, and provides suggestion on how the City can continue to partner with local agencies and approval referral agencies, to provide City's homeless with career counseling, housing vouchers, etc. City Manager Kurtz provided an overview recommended actions to be implemented, noting that coordination with the County of Orange, neighboring cities and organizations is essential to 5 13A-13 addressing homelessness. City Manager Kurtz also seeks the Council Committees approval of creating a City Homeless Services Manager position and taking it to City Council. Co -Chair Villegas inquires about the Needle Exchange Program, to which Robert Cortez explains that the current agreement is set to expire in February 2018, and a potential renewal process is being reviewed. The Exchange Program provides 20 new needles, for every one old needle, with a maximum of 200 per week. Additionally, Robert Cortez notes that an amendment to increase the frequency of trash pickups and pressure washings will be proposed at an upcoming City Council meeting. PUBLIC COMMENTS (pertaining to Item No. 3) Chris Schmidt, concerned resident of the Windsor Village neighborhood, shares his support of the recommended action and creating a City position to address the homelessness. He shares details of an incident in which the County responded to assist in a homeless encampment fire, as an example of why the need for creating a position and action plan is necessary. Chairman Solorio makes a motion to recommend Staff s proposed action plan to City Council. MOTION: Solorio SECOND: Villegas VOTE: AYES: Villegas, Solorio NOES: None (0) Motion carries. ACTION: Co -Chair Villegas: Shares his support of creating the Homeless Manager position, but also requests that additional individuals be hired to address individuals with mental health concerns, to ensure 7 -day week coverage. Co -Chair Villegas also requested more follow-up for individuals with mental health concerns, and for continued cleaning and trash pickups in the Civic Center. Chairman Solorio shares that the County has 100 acres of land near the Great Park, to be used for institutional purposes, including a homeless shelter. Therefore, he requests advocacy for using this land for a shelter. Additionally, Chairman Solorio requests support for the Fairview developmental center becoming a mental health facility. After sharing some examples of tactical ideas to addressing the homeless, Chairman Solorio requests an email update from SAPD and OCFA with the number of calls for service, year-to-date, that are related to homelessness. 6 13A-14 Chairman Solorio notes that a Special Meeting will be held to discuss implementation of future marijuana policy items. COMMITTEE MEMBER COMMENTS Co -Chair Villegas thanked the staff and everyone present for their hard work. Chairman Solorio agrees with Villegas' comments. FUTURE ITEMS ADJOURNMENT — 8:03 P.M. i AVID VALENTIN Acting Chief of Police ep 13A-15 13A-16 C4"11`KI]WE.". YY.. .Vv". CITY COUNCIL COMMITTEE ON PUBLIC SAFETY, CODE ENFORCEMENT & NEIGHBORHOOD EMPOWERMENT MINUTES SPECIAL MEETING October 2, 2017 CALL TO ORDER: Ross Annex, Room 1600 City Hall, 20 Civic Center Drive Santa Ana, California 5:39 PM ATTENDANCE: Council Committee members: Jose Solorio Juan Villegas Sal Tinajero MEMBERS ABSENT: N/A STAFF PRESENT: Cynthia Kurtz, CMO Robert Cortez, CMO David Valentin, PD Tamara Bogosian, CAO Candida Neal, PBA Jorge Garcia, CMO Randy Black, OCFA Judson Brown, CD Alvaro Nunez, PBA Willard Holt, FMS Yessenia Aspeitia, PD Elizabeth Plotnik, Recording Secretary PUBLIC SPEAKERS: Peter Katz, President of Com -Link Gil Salmon, concerned constituent of Ward 2 Chad Wanke, Government Affairs consultant Chris Glew, Santa Ana Cannabis Association Irma Macias, concerned resident Melahat Rafrei, Santa Ana Cannabis Association 1 13A-17 AGENDA ITEMS 1. Proposed Ordinance Regarding Adult Use, Distribution, Cultivation, Manufacturing and Testing of Marijuana — Acting Executive Director Candida Neal, Planning & Building {Strategic Plan Goal No. 1, 1C} Members of Staff provided a PowerPoint presentation, providing details of the elements included in draft ordinance. Deputy City Manager Robert Cortez made note that the ordinance is specific to adult and commercial uses, and did not affect Measure BB. Assistant City Attorney Tamara Bogosian reviewed Proposition 64, and provided the staffs recommendation to allow and regulate medicinal, adult -use and commercial cannabis activities. Executive Director Candida Neal provided an overview of the draft ordinance, which was prepared based on Committee and community feedback. The draft ordinance would allow for both medicinal and adult -use cannabis, only in the industrial areas of the City, and would require additional uses to pay tax payments or fees. Additionally, Director Neal reviewed the limit for each type of cannabis license, as well as the permit process for each business, while suggesting a merit point system as a solution in determining licenses given. Treasury and Customer Services Manager Willard Holt provided an estimate for the amount of revenue generated with implementation of the ordinance, by specifying the revenue for each type of additional cannabis use, and comparing it to the amount necessary to fund enforcement. Code Enforcement Manager Alvaro Nunez discussed the Cannabis Enforcement Taskforce, and gave an overview of enforcement measures taken so far. Lastly, Robert Cortez explained the anticipated timeline to implement the ordinance. PUBLIC COMMENTS Peter Katz, suggests increased security measures at Eddie West Field and Main Place Mall, in light of the tragic event that took place in Las Vegas. Additionally, he asks that proper funding be allocated to the Police Department for enforcement of recreational marijuana use. Gil Salmon, resident of Ward 2, suggests that personal cultivation be made legal, which would allow the City to apply for grant funding of police enforcement and health services. Additionally, he shares his concern about sufficient law enforcement, after recapping recent illegal drug activity in his neighborhood. 2 13A-18 Chad Wanke, a land -use and government affairs consultant, provides the Committee with a written recommendation of a proposed amendment to the Cannabis Municipal Code. This proposed amendment would allow permittees to change dispensary locations, upon approval from the City. Chris Glew, Santa Ana Cannabis Association, suggests that operational status of additional recreational license categories, be given to applicants, prior to January 1, 2018, to ensure they are made eligible for business. Additionally, he suggests the number of distribution and manufacturing licenses be the same, and that microbusiness licenses be made available. Irma Macias, a concerned resident, shares her disapproval of recreational licenses as a way to bring the City revenue. Additionally, she feels that there is not enough funding for law and code enforcement, therefore making the City less safe. Melahat Rafrei, Santa Ana Cannabis Association, requests that it be noted on the record that the Santa Ana Cannabis Association does not support the amendment about business relocations. Additionally, she asks that the Committee consider microbusiness licenses, to promote economic equity, and that more funding be provided for youth programs and anti -cannabis education programs. ACTION: Chairman Solorio: In noting that State Law requires labor agreements for businesses with 20 or more employees, Chairman Solorio recommends that the ordinance must also consider mirroring this law, or be similar to the law in Long Beach, which is 3 or more employees. Additionally, Chairman Solorio asks that ordinance include defined verbiage pertaining to operational status, to ensure applications are received, and permits are granted accordingly. Lastly, Chairman Solorio requests that Staff create a merit point system in awarding licenses, and that an increase of distribution licenses be considered. Committee Member Tinajero: Asks that the written proposed amendment, about business relocations, be considered and incorporated in the ordinance. Additionally, Committee Member Tmajero asks that funding be provided to the school district for an anti-smoking campaign, to educate children about not smoking marijuana. RECCONIENDATION. Bring this item back for further discussion at another Special Meeting, prior to going to Council on October 17, 2017. 3 13A-19 COMMITTEE MEMBER COMMENTS Co -Chair Villegas: While he does not support the marijuana industry, Co -Chair Villegas is committed to public safety, and bringing forward a good draft ordinance. Councilmember Tinajero states that an additional Special Meeting be held, prior to going to Council. Co -Chair Villegas agrees that an additional Meeting be held. FUTUREITEMS ADJOURNMENT — 6:41 P.M. DAVID VALENTIN Acting Chief of Police ep 4 13A-20 CITY OF SANTA ANA CITY COUNCIL COMMITTEE ON PUBLIC SAFETY, CODE ENFORCEMENT & NEIGHBORHOOD EMPOWERMENT MINUTES SPECIAL MEETING October 10, 2017 CALL TO ORDER: Ross Annex, Room 1600 City Hall, 20 Civic Center Drive Santa Ana, California 5:44 PM ATTENDANCE: Council Committee members: Jose Solorio Juan Villegas Sal Tinajero MEMBERS ABSENT: N/A STAFF PRESENT: Cynthia Kurtz, CMO Robert Cortez, CMO Tamara Bogosian, CAO Candida Neal, PBA Jorge Garcia, CMO Alvaro Nunez, PBA Willard Holt, FMS Jason Viramontes, PD Yessenia Aspeitia, PD Elizabeth Plotnik, Recording Secretary PUBLIC SPEAKERS: Peter Katz, President of Com -Link Chad Wanke, Land Use and Government Affairs Consultant Irma Macias, concerned resident Melahat Rafiei, Santa Ana Cannabis Association Jayson Quinones, Santa Ana Cannabis Association Jason Lilly, Kannabis Works Dispensary 1 13A-21 AGENDAITEMS 1. Proposed Ordinance Regarding Adult Use, Distribution, Cultivation, Manufacturing and Testing of Marijuana — Acting Executive Director Candida Neal, Planning & Building {Strategic Plan Goal No. 1, 1C} Recommended Action: Review the proposed ordinance and recommend adoption by the City Council at the October 17, 2017 City Council Meeting. Robert Cortez provides the Council Committee with a presentation of recommended modifications to the ordinance, sharing that the definition of and reference to delivery are consistent with Measure BB. Robert Cortez also explained that the limit of distribution licenses would be increased to 20, and that labor agreement verbiage that is in line with State requirement, would be added. As brought forward by the community, edits were made to the Operating Standards Section. In response to suggestions made at the previous meeting, Staff recommends continuing with the current location specific permits, and suggests additional items to be considered as part of the application/merit system process. Lastly, Robert explains that the in -lieu tax agreements will be based on square -footage and gross receipts tax of 8% on sales of goods. PUBLIC COMMENTS Peter Katz, concerned constituent, inquires about the Rohrbacher Amendment's upcoming expiration on October 31, 2017, and the potential affect it could have on the City's liability for dispensary raids. Tamara responds, stating that an indemnification provision was included to address the City's liability, given the uncertainty of the renewal of the Rohrbacher Amendment. Chad Wanke discusses the relocation permit, stating that the City should consider a method to transfer locations in case of a structure fire, to avoid businesses from having to start the application process again from the beginning, and to avoid loss of revenue. Chairman Solorio responds, clarifying that currently, businesses overseen by Alcoholic Beverage Control are required to reapply from the beginning in the instance of structure fire, and therefore the City will do the same. However, in the firture, the possibility of relocation could be considered. He also added that since there is still a waiting list, it'd be better to go through it before allowing business locations to move. 2 13A-22 Irma Macias, shares her opposition to the ordinance and the activities that it pertains to. She feels that the City can gain revenue in other ways. Melahat Rafiei, from the Santa Ana Cannabis Association, inquires about the timeline in the application process, and asks for more time to obtain operational status. She also asks Staff to consider allowing volatile manufacturing. Tamara Bogosian responds to the inquiry about operational status, stating that Staff is considering that a business could be deemed operational when license is granted, for that particular cannabis activity. Robert Cortez further clarifies that the intent is that the application process would start when the ordinance gets its second reading, which would allow sufficient time to approve licenses by January 2, 2018. Chairman Solorio asks Melahat her opinion about whether or not she envisions retail businesses wanting cultivation licenses, to which she suggests Jayson Quinones and Jason Lily provide a response. Jayson Quinones, President of Santa Ana Cannabis Association, states that it is dependent on the size of the location, in determining cultivation. Jason Lilly, of Kannabis Works, adds that 40 would be an ideal amount of distribution licenses, stating that if 20 cultivation and 20 manufacturing licenses are granted, each would need to be distributed. Melahat Rafiei shares her opinion about taxation, stating that if too expensive, the potential for black market activity increases, and asks that consideration be made for determining taxation. Chad Wanke warns that if manufacturing licenses are limited and become maxed out, other cities will potentially take advantage and in tum get the tax revenue. ACTION: Chairman Solorio: Asks Staff to provide more clarity on when applications are due, when considering the timeline of operational status, and amend the labor agreement to apply to businesses with two or more employees. Additionally, Chairman Solorio directs Staff to consider permitting volatile manufacturing. Committee Member Tinajero: Prior to the October 17, 2017 City Council meeting, Committee Member Tinajero asks that research be conducted about volatile manufacturing and be proposed to City Council for consideration. Additionally, Committee Member Tinajero suggests consideration of increasing of the number of distribution licenses, to meet potential demand. 3 13A-23 Chairman Solorio makes a recommendation that the draft ordinance be presented to Council, but requests that the labor agreement reflect what Long Beach's standard of 2 or more employees Committee Member Tinajero makes a motion to move this item to Council on October 17, 2017. MOTION: Solorio VOTE: AYES: NOES: Motion carries. SECOND: Tinajero Solorio, Tinajero Villegas COMMITTEE MEMBER COMMENTS Chairman Solorio suggests considering volatile manufacturing of cannabis be allowed in industrial zones only, with proper equipment and safety standards, as there are already a variety of manufacturing businesses in the industrial zones that are already using similar solvents. Additionally, he shares his appreciation of labor agreements being included. Co -Chair Villegas states that Medical Marijuana tax should be increased to 7% and that retail tax should be higher than 8%, to help with public safety and enforcement. Additionally, Co -Chair Villegas is concerned about the City's youth and wants to ensure after school programs are well - funded. Committee Member Tinajero recaps his involvement in creating Measure BB, stating that it was created to ensure dispensaries were built in industrial zones only, and not in commercial areas as Measure CC noted. As revenue comes in, Council can allocate fiords accordingly to protect the kids. Additionally warns that if tax percentage is too high, it creates a "black market". FUTUREITEMS ADJOURNMENT — 6:41 P.M. DAVID VALENTIN Acting Chief of Police ep 4 13A-24