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FULL PACKET_2015-09-15
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA SEPTEMBER 1, 2015 CLOSED SESSION MEETING CALLED TO ORDER ATTENDANCE PUBLIC COMMENTS — None COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:06 P.M. COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor (5:25 pm.) VINCENT F. SARMIENTO, Mayor Pro Tern (5:12 P.M.) ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA SAL TINAJERO COUNCILMEMBERS Absent: NONE STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:06 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: CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: Peter Bollinger v. City of Santa Ana Workers' Compensation Appeals Board case #ADJ6814911; ADJ7205471 CITY COUNCIL MINUTES 1 0A -1 SEPTEMBER 1, 2015 Jeanne Mundongo - Manunga v. City of Santa Ana, et al. United States District Court Case Number CV14- 09093 -AG (RZx) Ignacio Leon v. City of Santa Ana, et al. United States District Court Case Number CV14 -00387 JLS(DFMx) 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Address of Property: YMCA Property 205 West Civic Center Drive Santa Ana, CA 92701 Negotiators: City Manager, David Cavazos Terms: Price and Terms of Property Disposition 3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Personnel Services Executive Director, Ed Raya Employee Organizations: Santa Ana Police Officers Association (POA) Service Employees' International Union (SEIU) Full -Time Employees Agency Negotiator: City Manager, David Cavazos Employee Organizations: Executive Management (EM) CLOSED SESSION REPORT - See Item 19A for any reportable actions. ADJOURNED THE CLOSED SESSION MEETING AT 5:55 P.M. AND CONVENED TO THE REGULAR OPEN MEETING. CITY COUNCIL MINUTES 1 0A?2 SEPTEMBER 1, 2015 CALLED TO ORDER REGULAR OPEN MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:59 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor VINCENT F. 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 ROGER ARAGON, POLICE CHAPLAIN EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to: 20 YEARS OF SERVICE Sergio Z. Enriquez, Police Corporal EXCEPTIONAL SERVICE AWARD presented by MAYOR PULIDO to Paul Riorden for his outstanding achievements and accomplishments with the Achievement Institute of Scientific Studies. CERTIFICATES OF RECOGNITION presented by MAYOR PULIDO to Scott Baugh and the Orange County Marathon Board for their outstanding work in organizing the OC Marathon in Santa Ana. CITY COUNCIL MINUTES 1 OA'i_4 SEPTEMBER 1, 2016 CERTIFICATE OF RECOGNITION presented by MAYOR PRO TEM SARMIENTO to Richard Turner in recognition of his artistic replica of a celery stalk sculpture recognizing Japanese farmers. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER AMEZCUA to the following students who participated in the Chicano Latino Youth Leadership Conference: Chelsey Martinez; Bryan Perez; Erika Garcia; Rosa Vasquez and Gabriel Pinon. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER TINAJERO to Susan Tuchler for her excellent service as a commissioner and leadership roles within the City of Santa Ana. CLOSED SESSION REPORT - See Agenda Item 19A for Closed Session Report. MUCO AK 1161Y1 iVL.F.0 VV 1 Vf VICVGR 4V UIYbIL /1V LIY V/1 I I GIVI 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. DISCUSS MORATORIUM, POSSIBLE ACTIONS AND OPTIONS AVAILABLE TO ADDRESS SHORT TERM RENTALS — Councilmember Martinez • Bruce Proctor, urged City Council to consider moratorium on vacation rentals in residential areas. • Mika (Meeka) Denny, representing West Floral Park Neighborhood Association, spoke of negative impacts of short term rental, serve same as hotels but in residential areas; concerned with noise, litter among other issues. • Bruce Bauer, strongly opposed to short term vacation rentals; burden on residents. • Barbara Bastrop, commented on neighborhood issues and impacts of rental homes. • Lorenzo Knapp, noted that commercial enterprise taking place in an R -1 zones, urged City Council to ban short term vacation rentals. • Diego Matkin, spoke of recent disturbances, sense of insecurity and diminished property values with short term rentals in residential areas. Council discussion ensued. Executive Director of Planning and Building, Hassan Haghani, noted that moratorium can be drafted for City Council consideration; identified loop holes. CITY COUNCIL MINUTES 10A 44 SEPTEMBER 1, 2015 Councilmember Martinez, motion to direct staff to prepare moratorium for consideration. Councilmember Amezcua, noted that appeal hearing held last Thursday and waiting for hearing officer report. City Attorney Carvalho, indicated that moratorium would apply to other properties, but not home in question; action requires public notice for public hearing or an emergency moratorium with final ordinance adoption 90 days after. Mayor Pro Tem Sarmiento, clarified that proposed ordinance will affect future vacation home rentals; urgency ordinance will include analysis with regulated uses for City Council to consider; need to give as much relief as possible to West Floral Park Neighborhood. Councilmember Martinez, noted that matter may be referred to the Planning Commission for review. Councilmember Tinajero, asked that matter be studied by neighborhood. Executive Director of Planning and Building, Haghani, adoption of urgency ordinance would allow staff to study all options including definition of short term vacation rental which is currently 30 days. Mayor Pulido, indicated that room rental is different than renting entire house and would not be included; important to protect neighborhood and find relief for residents. City Attorney Carvalho, noted that San Diego has precedent to cite up to $25,000 for such violations. City Manager Cavazos, will contact homeowner of house in question. MOTION: Direct staff to prepare urgency ordinance. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Sarmiento Amezcua, Benavides, Pulido, Martinez, Reyna, Sarmiento, Tinajero (7) None (0) None (0) None (0) CITY COUNCIL MINUTES 1 OA-5 SEPTEMBER 1, 2016 CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations on Consent Calendar Items 10A through 31B, with the following modifications: • Mayor Pulido, pulled Agenda Item 11 B for separate action; • Councilmember Martinez, voted No on Agenda Item 11A; • Councilmember Martinez, pulled Agenda Items 20A, 25E, 25N /K and 25L for separate action; and • Councilmember Reyna, pulled Agenda Item 23B for separate action. MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN ABSENT: MINUTES SECOND: Reyna Amezcua, Benavides, Pulido, Martinez, Reyna, Sarmiento, Tinajero (7) None (0) None (0) None (0) ADMINISTRATIVE MATTERS 10A. MINUTES FROM THE REGULAR MEETINGS OF AUGUST 4 AND 18, 2015 (STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Approve Minutes. ORDINANCES /SECOND READING In the event a Councilmember recorded an "abstention" before consideration of the following ordinance(s) on first reading, such abstention will also be reflected in the minutes for second reading. 11A. ORDINANCE SECOND READING: AMEND CHAPTER 36, ARTICLE VIII OF THE SANTA ANA MUNICIPAL CODE RELATING TO PARKING METERS AND ARTICLE IV RELATING TO PARKING REGULATIONS {STRATEGIC PLAN NO. 5, 1) Placed on first reading at the August 4, 2015 City Council meeting and approved by a vote of 5 -1 (Martinez dissented and Pulido absent). CITY COUNCIL MINUTES 10A 6 6 SEPTEMBER 1, 2015 Published in The Notice (LASOC) on August 21, 2015. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2880 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING CHAPTER 36, ARTICLE VIII OF THE SANTA ANA MUNICIPAL CODE RELATING TO PARKING METERS AND ARTICLE IV RELATING TO PARKING REGULATIONS MOTION: Tinajero VOTE: AYES: NOES: ABSTAIN: ABSENT: 1113': SECOND: Sarmiento Amezcua, Benavides, Pulido, Reyna, Sarmiento, Tinajero (6) Martinez (1) None (0) None (0) Placed on first reading at the August 4, 2015 City Council meeting and approved by a vote of 5 -0 (Martinez and Pulido absent). Published in The Notice (LASOC) on August 21, 2015. The following spoke on the matter: • Larry Brose, representing the Orange County Business Council, spoke in support of reasonable measures to improve economy. • Mike Balsamo, Executive Director of Building Industry Association (BIA), provided regional information on housing affordability - inclusionary zoning not included; need to increase housing stock throughout the County; suggested in -lieu fees be applicable for developments of up to 50 units. • Ryan Aeh, representing City Ventures, participated in stakeholder meetings and supported staff recommendations as proposed on August 4th; concerned with amended ordinance including increased in -lieu fees. • Cesar Covarrubias, Executive Director of Kennedy Commission, applauded efforts by City to have affordable housing ordinance; supports CITY COUNCIL MINUTES 1 OA-7 SEPTEMBER 1, 2015 in -lieu fee and options available to meet requirements and housing goals. • Marilyn Montano, reflected on shortage of rental property and need for affordable housing. • Julie Casterdo, supports amended ordinance and increased in -lieu fee; proposed income levels be matched with realistic data. • John Leehay, representing Panielian Associates, supports development of housing, but not increase in -lieu fees; opined that cost will be shifted to future homeowner. Council discussion ensued Councilmember Martinez, thanked speakers; need balance approach between development and dignified housing; amended ordinance is reasonable; supports ordinance as prepared by staff. Councilmember Tinajero, recounted story of inequality in Orange County and need to break cycle of poverty. Councilmember Benavides, requested clarification on in -lieu fees for projects with less than 20 units and pipeline projects. Executive Director of Planning and Building Haghani, indicated that original ordinance required developers to include affordable housing on -site and in- lieu fees would only be an option for projects with more than 20 units; proposed amended ordinance gives the developer the option of including units on -site or paying in -lieu fees; also spoke of option to allow pipeline projects the option to pay weighted distribution fee (mean amount of $9.35) and could be considered for approval. Mayor Pulido, asked if proposed in -lieu fee would double development fees; asked for clarification of fee as it applies to development projects under 20 units; suggested increasing the trigger point to entice development; small infill projects. Executive Director of Planning and Building Haghani, indicated that yes indeed the total development fee would be $13 plus $15 per square foot and noted that trigger point was moved from 20 to 50 units. Mayor Pro Tern Sarmiento, recounted salary and housing statistics; reflected on overcrowded conditions and need to improve housing; noted reason for amendments to ordinance — accomplish predictability; several developments have materialized since 2011 approval of affordable housing; proposed ordinance will allow 15% affordable units; City approved Housing Element requires City to produce affordable housing; asked for staff opinion of raising fee in -lieu fees from $5 to $15 per square foot for developments over 21 units. CITY COUNCIL MINUTES 1 0A $8 SEPTEMBER 1, 2015 Executive Director of Planning and Building Haghani, opined that it was not unreasonable to approve fee at $15 per foot. Mayor Pro Tern Sarmiento, motion to approve in -lieu fee as proposed with clarification as intended at the previous meeting which is to go from $5 to $15 per square foot for developments over 21 units. Executive Director of Planning and Building Haghani, corrected motion: in- lieu fee payment option of $5 /square foot for project of 20 or fewer units and in -lieu fee option of $15 /square foot for projects over 21 units and if developer opts to pay the in -lieu fee they will no longer be beneficiary of height and density and set -back adjustments as previously recommended only provided if built on -site; also may adjust pipeline projects may opt to pay $9.35 per square foot in -lieu fee (which is the weighted mean of the in- lieu fees imposed so far by Council) or the number they have already negotiated with Council. This would be the most fair and even handed way to address pipeline projects. If maintain amendment may opt to rent units instead of selling to those that do not qualify. Mayor Pro Tern Sarmiento, approved as summarized by Executive Director. City Attorney Carvalho, noted that due to substantive amendments City Council may either approve ordinance as prepared bi staff and included in packet, return to the next City Council with revised 2" reading of ordinance, or approve ordinance as prepared and bring back new ordinance with new amendments included. Councilmember Benavides, recommend address fee modifications tonight and bring back new items at next meeting. Executive Director of Planning and Building Haghani, indicated that pipeline project issue would be one of the items included in subsequent ordinance. Executive Director of BIA Balsamo, noted that $15 in -lieu fee is not the highest in the County; concerned with doing away with building incentives. Kennedy Commission Executive Director, Covarrubias, commented on need for low and very low income housing in the community — wait time average 5 -7 years. Councilmember Benavides, thanked all for dialogue; opined that ordinance allows for flexibility; noted that mixed used development may be impacted. FRIENDLYAMENDED MOTION: 1. Place ordinance on second reading and adopt; and CITY COUNCIL MINUTES 1 0A_9 SEPTEMBER 1, 2015 ORDINANCE NO. NS -2881 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE XVIII.I OF THE SANTA ANA MUNICIPAL CODE REGARDING THE HOUSING OPPORTUNITY ORDINANCE AND AMENDING THE ADAPTIVE REUSE ORDINANCE TO EXEMPT SUCH PROJECTS FROM THE APPLICATION OF THE HOUSING OPPORTUNITY ORDINANCE 2. Direct staff to prepared ordinance to include three issues raised and bring back for City Council consideration at subsequent meeting. MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Martinez Amezcua, Benavides, Sarmiento, Tinajero (6) Pulido (1) None (0) None (0) Martinez, Reyna, 11C. ORDINANCE SECOND READING: AMEND SECTION 1 -8 OF THE SANTA ANA MUNICIPAL CODE RELATING TO MUNICIPAL CODE VIOLATIONS AND GENERAL PENALTIES {STRATEGIC PLAN NO. 5, 11 Placed on first reading at the August 4, 2015 City Council meeting and approved by a vote of 4 -0 (Martinez, Pulido and Tinajero absent). Published in The Notice (LASOC) on August 21, 2015. MOTION; Place ordinance on second reading and adopt. ORDINANCE NO. NS -2882 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING CHAPTER 1, SECTION 1 -8 OF THE SANTA ANA MUNICIPAL CODE RELATING TO VIOLATIONS AND GENERAL PENALTIES 11D. ORDINANCE SECOND READING: AMEND CHAPTERS 8 AND 14 OF THE SANTA ANA MUNICIPAL CODE REGARDING THE DEFINITION OF A HIGH -RISE STRUCTURE /BUILDING {STRATEGIC PLAN NO. 5, 11 Placed on first reading at the August 4, 2015 City Council meeting and approved by a vote of 4 -0 (Martinez, Pulido and Tinajero absent). Published in The Notice (LASOC) on August 21, 2015. CITY COUNCIL MINUTES 1 OA-10 0 SEPTEMBER 1, 2015 MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2883 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTERS 8 AND 14 OF THE SANTA ANA MUNICIPAL CODE REGARDING THE DEFINITION OF A HIGH -RISE STRUCTURE /BUILDING BOARDS / COMMISSIONS / COMMITTEES 13A. COUNCIL COMMITTEES — AGENDA MINUTES {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Receive and file. Committee Name Meeting Date Public Safety and Neighborhood Improvement August 11, 2015 Parks, Recreation, Education and Youth (PREY) August 17, 2015 SAUSD /City Council Joint Policy Committee August 24, 2015 13B. NOMINATED BY COUNCILMEMBER AMEZCUA AS THE WARD 3 REPRESENTATIVE (ALTERNATE) TO THE YOUTH COMMISSION FOR TERM EXPIRING DECEMBER 13, 2016 {STRATEGIC PLAN NO. 5, 1} - Clerk of the Council Office MOTION: Appoint Marlene Leon, Ward 5 resident, (replacing J. Madrid). 13C. NOMINATED BY COUNCILMEMBER AMEZCUA AS THE WARD 3 REPRESENTATIVE TO THE COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION FOR TERM EXPIRING DECEMBER 13, 2016 {STRATEGIC PLAN NO. 5, 1} - Clerk of the Council Office MOTION: Appoint Diego Gomez, Ward 6 resident (replacing A. Sandoval). FINAL PARCEL MAP 17A. CERTIFICATION AND APPROVAL BY CITY ENGINEER — FINAL PARCEL MAP NO. 2014 -179 (1540 EAST WARNER AVENUE) {STRATEGIC PLAN NO. 3, 2} — Public Works Agency MOTION: Receive and file. CITY COUNCIL MINUTES 1 0A "11 SEPTEMBER 1, 2015 MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office 19B. EXCUSED ABSENCES — None 19C. QUARTERLY REPORT OF CONTRACTS VALUED AT $25,000 OR LESS ENTERED INTO BY THE CITY MANAGER AS PERMITTED BY CHARTER SECTION 421 {STRATEGIC PLAN NO. 4, 1) — Finance and Management Services Agency MOTION: Receive and file. 19D. STRATEGIC PLAN MONTHLY REPORT FOR JULY 2015 {STRATEGIC PLAN NO. 5, 1) — City Manager's Office MOTION: Receive and file. 19E. AUTHORIZATION TO RELEASE A REQUEST FOR PROPOSALS FOR GRAFFITI STREET CLEANING SERVICES {STRATEGIC PLAN NO. 6, 1B} — Public Works Agency MOTION: Authorize the Public Works Agency to release a Request for Proposals for Graffiti Street Cleaning Services for proactive graffiti removal from the public right -of -way. BUDGETARY MATTERS APPROPRIATION ADJUSTMENT 20A. AWARD SITE LICENSE AGREEMENT TO A WHITE AND YELLOW CAB INC. FOR TAXI SERVICES AT THE SANTA ANA REGIONAL TRANSPORTATION CENTER {STRATEGIC PLAN NO. 3, 2C} - Public Works Agency MOTION: 1. AGMT NO. 2015 -185 - Authorize the City Manager and Clerk of the Council to execute a one -year site license agreement with A White and Yellow Cab Inc., to compensate the City $3,025 per month for CITY COUNCIL MINUTES 1 0AA 2 SEPTEMBER 1, 2015 use of the license area, subject to non - substantive changes approved by the City Manager and City Attorney, for taxi services at the Santa Ana Regional Transportation Center, with three one -year extension options exercisable by the City Manager. 2. Approve an appropriation adjustment. (Need five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2016 -28 - Recognizing lease income in the amount of $36,300 into the SARTC Concession -Taxi Stand Revenue Account and appropriating the same amount to the SARTC Contractual Services expenditure account. MOTION: Martinez SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. SPEC. NO. 15 -066 - CONTRACT AWARD FOR TASER ELECTRONIC CONTROL DEVICES & ACCESSORIES {STRATEGIC PLAN NO.1, 51 — Finance and Management Services Agency MOTION: Award a contract to Taser International, Inc. for the purchase of Taser electronic control devices and accessories for a two -year period expiring August 31, 2017, in an amount not to exceed $163,300, with provision for three, one -year renewals exercisable by the City Manager, subject to non - substantive changes approved by the City Manager and City Attorney. 22B. SPEC. NO. 15 -075 - CONTRACT AWARD FOR WEED ABATEMENT AND DEBRIS REMOVAL SERVICES {STRATEGIC PLAN NO. 5, 4E} — Finance and Management Services Agency MOTION; Award a contract to Naranjo Landscape, Inc. for weed abatement and debris removal services for a one -year period expiring August 31, 2016, with provisions for three one -year renewals exercisable by the City Manager, in an annual amount not to exceed CITY COUNCIL MINUTES 1 OA1313 SEPTEMBER 1, 2015 $212,000, subject to non - substantive changes approved by the City Manager and the City Attorney. PROJECTS /CHANGE ORDERS 23A. AWARD CONTRACT FOR CITYWIDE CONCRETE IMPROVEMENTS (PROJECT 166849) {STRATEGIC PLAN NOS. 6, 113, 1C & 1G) — Public Works Agency 23B. MOTION: 1. Reject the sole bid received on July 8, 2015, from Excel Paving Company (EPC) in the amount of $900,000 for the construction of the Citywide Concrete Improvements. 2. Authorize the City Manager and the Clerk of the Council to execute a construction contract to Ruiz Concrete & Paving Inc., the lowest responsible bidder, in accordance with the Base Bid, totaling $607,095, for the construction of the Citywide Concrete Improvements, subject to non - substantive changes approved by the City Manager and the City Attorney. 3. Approve the Project Cost Analysis for a total estimated project delivery cost of $789,155. MOTION: 1. Authorize the City Manager and the Clerk of the Council to execute a construction contract to Chrisp Company, the lowest responsible bidder, in accordance with the unit bid prices, totaling $166,741.60, for construction of the Newhope, Civic Center, and Grand Bike Lanes, subject to non - substantive changes approved by the City Manager and the City Attorney. 2. Approve the Cost Analysis for a total estimated project delivery cost of $222,715.42. MOTION: Reyna VOTE: AYES SECOND: Martinez Amezcua, Benavides, Martinez, Pulido, Reyna, (5) CITY COUNCIL MINUTES 1 OA 1 w SEPTEMBER 1, 2015 NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento, Tinajero (2) AGREEMENTS 25A. AGMT NO. 2015 -186 - RENTAL AND INSTALLATION OF TRAFFIC CONTROL EQUIPMENT FOR VARIOUS CITY EVENTS (STRATEGIC PLAN NO. 5, 5C) — Parks, Recreation and Community Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with California Barricades in the amount not to exceed $67,000, for a term through June 30, 2016, subject to non - substantive changes approved by the City Manager and City Attorney. 25B. AGMT NO. 2015 -187 - RENTAL AND INSTALLATION OF EQUIPMENT FOR FIESTAS PATRIAS EVENT {STRATEGIC PLAN NO. 5, 5C} — Parks, Recreation and Community Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Al Party in the amount of $64,192.60, which includes a 15% contingency, for a term to end on September 30, 2015, subject to non - substantive changes approved by the City Manager and City Attorney. 25C. AGMT NO. 2015 -188 - AMENDMENT WITH FIESTA DE CARNIVAL FOR A FUN ZONE AREA FOR FIESTAS PATRIAS {STRATEGIC PLAN NO. 5, 5C) — Parks, Recreation and Community Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Fiesta de Carnival in exchange for $4,200 to be provided to the City, subject to non - substantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES 1 ON215 SEPTEMBER 1, 2015 26D. HISTORIC PROPERTY PRESERVATION AGREEMENTS {STRATEGIC PLAN NOS. 5, 2; 5, 3} — Planning and Building Agency MOTION: Authorize the City Manager and Clerk of the Council to execute the Mills Act agreements with the below-referenced property owners for the identified structures, subject to non-substantive changes approved by the City Manager and City Attorney. ..................... . ........... ...... .. ...... ... ............. .. ...... ........ ...... ...... ...... . ....................................... ........... ........... ............................... Property Owner(s) Hist. Prop. Address HRC Approval Pres. Agmt. House Date Vote AGMT NO. 2015-189 1 2015-05 2118 North 7/23/15 David C. & Gloria J. Greenleaf Street 8:0 Crockett (Pritchard House) ............ ............ .... ...... .......... ................. . ..... AGMT NO 2015-190 . ........... .................. 2015-06 . ... .............. 322 West Third .. .... . .............................. 7/23/15 Phil Calhoun & Ron Street 8:0 Stock on behalf of (Minter House) Beta Holdings, LLC AGMT NO 2015-191 . . ...... ...... 2015-08 1006 North .... ............. ..... .. 7/23/15 Mostafa & Bahar French Street 8:0 Klahori Matin (Morris House) AGMT NO. 2015-192 ............. . 2015-09 ....... ................. ...... .................. 2043 North ....................... ... .... ... 7/23/15 Christopher & Kelly Victoria Drive 8:0 Reinberger (Arens House) .... ..................................... ... . .. .. .. AGMT NO. 2015-193 .......... -10 ..................... - .......... .... ......................... i 326 West ................................ ........... ........ ... 7/23/15 Gregory & Nicole Nineteenth 8:0 Amweg Street (Rosenmeyer House) . ...... ...... ........ .... ...... ...... .................... AGMT NO 2015-194 ............. 12015-11 ......... 1112 N06 ................................. .. ..................... 7/23/15 Ricardo Rivas French Street 8:0 (Alexander House) ..... ........... . .... ...... . . ...... - .............. AGMT NO. 2015-195 ................... .... ............. ........ ... 2015-12 .. . .......................... .......... .............. - .... 2332 North ....................... .................. . .... .............. . 7/23/15 'Adam C. & Sandra E. Heliotrope Drive 8:0 Loughlin, Trustees for (Honer House) Loughlin Family Trust . ... AGMT NO. 2015-196 ................ .... ............... 1 12015-13 ......... 21 M North ....... ....... ........ ...... ... .............. 7/23/15 1 Judi Bailey, Trustee Heliotrope Drive 7:0:1 (Murashie for Judi Bailey Trust .......... ...... .... ...... .... .. .._ . .......... ...... . . ..... ........................ (Bolton House) .. ... .................... abstained) CITY COUNCIL MINUTES 1 OAA 6 SEPTEMBER 1, 2015 25E. EMPLOYEE GROUP INSURANCE RENEWALS (STRATEGIC PLAN NOS. 7, 6} — Pgrsbnnel Services Agency MOTION: Continue consideration of matter to the September 15, 2015 City Council meeting. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: 25F, SECOND: Sarmiento Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) None (0) None (0) INFORMATION Finance and AMENDED MOTION: Approve and authorize the City Manager and Clerk of the Council to execute agreements in the total aggregate amount of $1,700,000 for a six month period or until the funds are expended with the following vendors: • AGMT NO. 2015 -197 - The Comdyn Group, Inc. • AGMT NO. 2015 -198 - SoftMaster, Inc. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Sarmiento Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) None (0) None (0) CITY COUNCIL MINUTES 1 ONZ1 7 SEPTEMBER 1, 2015 25G. AGMT NO. 2015 -199 - SECOND AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA POLICE DEPARTMENT HOMELESS EVALUATION ASSESSMENT RESPONSE TEAM (HEART) AND THE CITY OF SANTA ANA {STRATEGIC PLAN NO. 1, 6 and 5, 6) — Community Development Agency MOTION: Authorize the City Manager and Clerk of the Council to execute a second amendment to the Emergency Solutions Grant Memorandum of Understanding with the City of Santa Ana Police Department to extend the term of the grant until June 1, 2016, to allow additional time to spend the Emergency Solutions Grant Homeless Evaluation Assessment Response Team award, subject to non - substantive changes approved by the City Manager and City Attorney. 25H. AGMT NO. 2015 -200 - AMENDMENT TO AGREEMENT FOR INTERNET INFRASTRUCTURE AND ACCESS SERVICES {STRATEGIC PLAN NO. 7, 2D} - Finance and Management Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an amendment with Cogent Communications, Inc., to exercise an option for the third extension to the existing agreement for a term of three years in an amount not to exceed $35,000 annually, subject to non - substantive changes approved by the City Manager and City Attorney. 251. AGMT NO. 2015 -201 - CENTRAL SANTA ANA COMPLETE STREETS PLAN (STRATEGIC PLAN NO. 5, 6B) — Public Works Agency MOTTON: Authorize the City Manager and the Clerk of the Council to execute an agreement with KTU +A, subject to non - substantive changes approved by the City Manager and City Attorney, for a two - year period expiring August 31, 2017, with provision for a one -year extension exercisable by the City Manager, in a total amount not to exceed $297,000 for the entire agreement term. 25J. AGMT NO. 2015 -202 - AUTHORIZE PAYMENT TO SOUTHERN CALIFORNIA EDISON FOR DESIGN OF UNDERGROUND UTILITIES ON BRISTOL STREET (PROJECT NOS. 116741, 081700, & 136792) (NON GENERAL FUND) {STRATEGIC PLAN NO. 6, 1 G } — Public Works Agency MOTION: Authorize a one -time payment to Southern California Edison in an amount not to exceed $36,600 for the design of underground utilities on Bristol Street from Third Street to West Civic Center Drive, West Civic Center Drive to West Washington Avenue, and West Warner Avenue to West St. Andrew Place. CITY COUNCIL MINUTES 1 0AA 8 SEPTEMBER 1, 2015 25K. AGMT NO. 2015 -203 - COMMERCIAL /INDUSTRIAL INSPECTION & DATABASE MANAGEMENT {STRATEGIC PLAN NO. 6, 1) — Public Works Agency MOTTON: Authorize the City Manager and the Clerk of the Council to execute an agreement with Amec Foster Wheeler Environment & Infrastructure, Inc., subject to non - substantive changes by the City Manager and City Attorney, for a three -year term expiring August 31, 2018, with provision for two 1 -year extensions exercisable by the City Manager and the City Attorney, in an amount not to exceed $300,000 per year, for a total amount not to exceed $900,000 over the entire life of the agreement, including any renewal period(s). 25L. AGMT NO. 2015 -204 - DESIGN OF MEMORY LANE / SANTA ANA RIVER PARK (PROJECT 15 -2647) {STRATEGIC PLAN NO. 6, 1 G) — Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with David Evans & Associates, Inc., subject to non - substantive changes approved by the City Manager and City Attorney, for a two -year period expiring August 31, 2017, with provision for a one -year extension exercisable by the City Manager, in a total amount not to exceed $103,540 for the entire agreement term. MOTION: Martinez SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 25M. AGMT NO. 2015 -205 - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) AND ENVIRONMENTAL PROGRAM FEE STUDY {STRATEGIC PLAN NO. 5,21 — Public Works Agency MOTTON: Authorize the City Manager and the Clerk of the Council to execute an agreement with Larry Walker Associates, subject to non - substantive changes by the City Manager and City Attorney, for a one - year term expiring on August 31, 2016, with provisions for one 1 -year extension exercisable by the City Manager and City Attorney, in a total amount not to exceed $100,000 for the entire agreement term. CITY COUNCIL MINUTES 1 ON -91 9 SEPTEMBER 1, 2015 LAND USE MATTERS CONDITIONAL USE PERMITS 31A. CONDITIONAL USE PERMIT NO. 2013 -27 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE AT THE TACOS Y MARISCOS EL PICANTE RESTAURANT LOCATED AT 2223 WEST FIFTH STREET, UNITS F,G &H - CARLOS GUAMAN, APPLICANT {STRATEGIC PLAN NO. 3, 21 — Planning and Building Agency Planning Commission approved on August 10, 2015 by a vote of 7 -0 MOTION: Receive and file the staff report approving Conditional Use Permit No. 2013 -27. 31 B. CONDITIONAL USE PERMIT NO. 2015 -13 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR EL NUEVO ENSENADA RESTAURANT LOCATED AT 3622 WEST FIFTH STREET — VICTOR BURROLA, APPLICANT {STRATEGIC PLAN NO. 3, 2) - Planning and Building Agency Planning Commission approved on August 10, 2015 by a vote of 7 -0 MOTION: Receive and file the staff report approving Conditional Use Permit No. 2015 -13. * *END OF CONSENT CALENDAR ** BUSINESS CALENDAR ITEMS RESOLUTIONS 55A. EXTENSION OF CONDITIONAL USE PERMIT NO. 2013 -26 AND VARIANCE NO. 2013 -09 TO ALLOW THE CONSTRUCTION OF THE BAT NHA BUDDHIST TEMPLE AT 803 SOUTH SULLIVAN STREET {STRATEGIC PLAN NO. 3,2) — Planning and Building Agency MOTION: Adopt a resolution. RESOLUTION NO. 2015 -050 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FOR THE EXTENSION OF CONDITIONAL USE PERMIT NO. 2013 -26 AND VARIANCE NO. 2013 -09 FOR ONE YEAR FOR THE PROPERTY LOCATED AT 803 SOUTH SULLIVAN STREET CITY COUNCIL MINUTES 1 0A 220 SEPTEMBER 1, 2015 MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: PUBLIC HEARINGS SECOND: Pulido Amezcua, Benavides, Martinez, Pulido, Reyna, (5) None (0) None (0) Sarmiento, Tinajero (2) 75A. ORDINANCE ADOPTING EXPEDITED SOLAR PERMITTING PROCEDURES FOR SMALL RESIDENTIAL SOLAR ENERGY SYSTEMS {STRATEGIC PLAN NO. 3, 3; 5, 2) - Planning & Building Agency Continued from the August 4, 2015 City Council by 4 -0 vote (Martinez, Pulido and Tinajero absent) Legal notice published in The Notice (LASOC) on July 24, 2015. Mayor Pulido opened the Hearing. There were no speakers and the Hearing closed MOTION: Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2884 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE REGARDING EXPEDITED PERMITTING PROCEDURES FOR SMALL RESIDENTIAL SOLAR ENERGY SYSTEMS MOTION: Martinez SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento, Tinajero (2) CITY COUNCIL MINUTES 10A2121 SEPTEMBER 1, 2015 Councilmember Benavides left the meeting and did not return. 75B. WARNER AVENUE IMPROVEMENTS AND WIDENING PROJECT FROM MAIN STREET TO GRAND AVENUE - RESOLUTION TO ADOPT FINAL ENVIRONMENTAL IMPACT REPORT {STRATEGIC PLAN NO. 6, 1 B & 1 G} — Public Works Agency Legal Notice published in The Notice (LASOC) on August 21, 2015, and notices mailed on August 20, 2015 in English and Spanish. Mayor Pulido opened the Hearing: The following spoke on the matter: • Mike Fernandez, concerned with relocation of parents. • Tina Flores, noted that many residents displaced for only a mile of improvements and at a cost of upwards of $50 million. • Madeleine Spencer, concerned with uprooting of many residents that have been here for over 60 years; request consideration of matter as proposed by the Santa Ana Active Coalition. • Kristopher Fortin, co- policy director of Santa Ana Active Coalition, working to diversify community and transportation; submitted proposal for the record. The Hearing closed. Council discussion ensued Councilmember Martinez, thanked speakers; opposed to taking 30 homes to improve a one mile stretch on Warner Avenue. Mayor Pro Tern Sarmiento, requested clarification on two proposals received, need for improvements, and outreach and relocation efforts. Executive Director of Public Works, Fred Mousavipour, noted that Wells Fargo Bank will likely remain at location pending design; alternatives were considered and comments provided; extensive outreach efforts in the area; also, improvements align existing road and high traffic incidents triggered the need for improvements. Mayor Pulido, asked that enhancements be considered in design of left hand turn on Warner Ave. and Halliday; also, continue to monitor increasing traffic with the construction of Tustin Legacy project. Councilmember Amezcua, asked if taking of north -side vs. south -side homes were considered. 0S 01 1. Adopt a resolution. CITY COUNCIL MINUTES 1 0A 222 SEPTEMBER 1, 2015 RESOLUTION NO. 2015 -051 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT (SCH # 2012101004), PERTAINING TO THE WARNER AVENUE IMPROVEMENT AND WIDENING PROJECT BETWEEN MAIN STREET AND GRAND AVENUE 2. Adopt the Findings and Statement of Overriding Considerations for the Warner Avenue Improvements and Widening Project from Main Street to Grand Avenue. 3. Adopt the Mitigation Monitoring and Reporting Program for the Warner Avenue Improvements and Widening Project from Main Street to Grand Avenue. 4. Approve the Warner Avenue Improvements and Widening Project from Main Street to Grand Avenue. MOTION: Pulido VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Tinajero Amezcua, Pulido, Reyna, Sarmiento, Tinajero (5) Martinez (1) None (0) Benavides (1) Councilmember Martinez left the meeting at 9:07 pm. and did not return. Mayor Pro Tern Sarmiento left the meeting at 9:17 p.m. and did not return. PUBLIC COMMENT • Belen Carrillo, member of the Youth Civic Engagement - Library has voter registration and engagement initiative. • Javier Morales, spoke of priority to engage the youth, noted voter registration patterns. • Ilya Tseglin, request assistance with conservatory issue. • Robert Tseglin, expressed concern with conservatory of brother by state agency. • David De Leon, coach of Little Pony League, encouraged joint use agreements with the Santa Ana Unified School District. • Connie Hamilton, invited all to upcoming Community Police Forum on September 16 at 6:45 p.m. • Michelle Montero, spoke of personal issues. • Salvador Sanchez, spoke in opposition to flying the Lesbian, Gay, Bi- Sexual and Transgender flag; opined that matter should be considered by voters. CITY COUNCIL MINUTES 1 0AM SEPTEMBER 1, 2015 CITY COUNCIL RECESSED AT 9:30 P.M. TO THE HOUSING AUTHORITY MEETING AND RECONVENED AT 9:31 P.M. WITH SAME MEMBERS PRESENT. COMMENTS 90A. CITY MANAGER'S COMMENTS • Announced and welcomed new Battalion Fire Chief Dave Anderson. 90B. CITY COUNCILMEMBER COMMENTS Councilmember Amezcua: • Thanked service of retiring Orange County Battalion Fire Chief Leonard; • Thanked Parks, Public Works and Police Departments for efforts with 5K run; and • Wished all a great school year. Councilmember Reyna: • Urged all to be water wise; noted that Santa Ana has met and exceed reduction rates set by the State; • Applaud service by Orange County Battalion Fire Chief Leonard and wished him well upon his retirement; • Spoke of success of 2 "d Annual 5K Run held August 29, 2015; • Welcomed students back to school; wished teacher and staff a great year; • Advocated for expansion of joint use agreements; • Appealed for all to shop Santa Ana; and • Requested a meeting with Terry McCaul regarding the CERT program for youth participation. Councilmember Tinajero: • Thanked all who participated in having a good meeting tonight; • Asked that staff assess resources and maximize joint use agreements; • Requested meeting with Parks Director to discuss Pony League and Little League field allocation formula; • Congratulated the Santa Ana Unified School District for completion of complex; attended at Valley High School; • Wished all a good school year; • Reflected on many successes in the City; and • Requested an 85A on the next City Council meeting to consider options pertaining to the Lesbian, Gay, Bi- Sexual and Transgender flag at City Hall. CITY COUNCIL MINUTES 1 0A 224 SEPTEMBER 1, 2016 Mayor Pulido: • Would like staff to look into creating a Santa Ana Section of the OC Marathon (requested during Presentations); • Attended meeting in Sacramento representing the City regarding $40 million in transportation funds to augment $55 million from Orange County Transportation Authority plus $144 million from Federal Transportation Administration for the Streetcar Project; project will improve area and economy. ADJOURNED - 9:42 p.m. — The next meeting of the City Council is scheduled for Tuesday, September 15, 2015 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Maria Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Mater Dei High School Parking Structure and School Expansion Project • Community Engagement Plan CITY COUNCIL MINUTES 1 O / 225 SEPTEMBER 1, 2015 1 OA -26 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2015 TITLE: ORDINANCE SECOND READING: ADOPT EXPEDITED SOLAR PERMITTING PROCEDURES FOR SMALL RESIDENTIAL SOLAR ENERGY SYSTEMS {STRAY �GIC CITY MANAGER RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 16' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER On September 1, 2015, the following Ordinance was introduced for first reading and City Council authorized publication of title by a vote of 5 -0 (Sarmiento and Tinajero absent): ORDINANCE NO. NS -2884 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE REGARDING EXPEDITED PERMITTING PROCEDURES FOR SMALL RESIDENTIAL SOLAR ENERGY SYSTEMS STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this action. Marla D. Huizar, Clerk of the Council ATTACHMENT: Ordinance No. NS -2884 11 A -1 11 A -2 LS 8.10.15 ORDINANCE NO. NS -XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE REGARDING EXPEDITED PERMITTING PROCEDURES FOR SMALL RESIDENTIAL SOLAR ENERGY SYSTEMS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. Subsection (a) of Section 65850.5 of the California Government Code provides that it is the policy of the State to promote and encourage the installation and use of solar energy systems by limiting obstacles to their use and by minimizing the permitting costs of such systems. B. The City Council of the City of Santa Ana finds that it is in the interest of the health, welfare and safety of the public to provide an expedited permitting process to encourage the effective development of solar technology. C. Subdivision (g)(1) of Section 65850.5 of the California Government Code provides that, on or before September 30, 2015, every city, county, or city and county shall adopt an ordinance, consistent with the goals and intent of subdivision (a) of Section 65850.5, that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems. SECTION 2. Pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, the adoption of this ordinance is exempt from CEQA review pursuant to 14 California Code of Regulations section 15061(b)(3), which Is applicable if it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. As a result, a Notice of Exemption will be filed upon adoption of this ordinance. SECTION 3. ARTICLE XII of Chapter 8 of the Santa Ana Municipal Code is hereby amended such that it reads as follows with the addition of this new section: Sec. 8 -2511 - Small Residential Rooftop Solar Energy System Review Process. (a) Definitions. As used herein the following terms shall mean the following: 1. Electronic Submittal - Shall mean the utilization of one or more of the following: e -mail, internet or facsimile. 1 11 A -3 LS 8.10.15 Small residential rooftop solar energy system - Shall mean all of the following: A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City and paragraph (3) of subdivision (c) of Section 714 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time. iii. A solar energy system that is installed on a single or duplex family dwelling. iv. A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction.. (b) Applicability. This chapter applies to the permitting of all small residential rooftop solar energy systems. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of this chapter are not subject to the requirements. of this chapter unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance or like -kind replacements shall not require a permit. (c) Eligibility. 1. The Building Department shall adopt a standard plan and checklist of all requirements which small residential rooftop solarenergy systems shall comply with to be eligible for expedited review. 2. The small residential rooftop solar system permit process, standard plans, and checklist shall substantially conform to the recommendations for expedited permitting, including the checklist and standard contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research. 3. Prior to submitting an application, the applicant shall: Verify to the City's reasonable satisfaction through the use of standard engineering evaluation techniques that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and 11 A -4 LS 8.10.15 live loads associated with the system to the building foundation ii. At the applicant's cost, verify to the applicant's reasonable satisfaction using standard electrical inspection techniques that the existing electrical system including existing line, load, ground and bonding wiring as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system's current use, to carry all new photovoltaic electrical loads. (d) Review / Issuance Process. An application that satisfies the information requirements in the checklist pursuant to Section (c)(2) above, shall be deemed complete. Upon receipt of an incomplete application, the building official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. 2. Upon confirmation by the building official of the application and supporting documentation being complete and meeting the requirements of the checklist, the building official shall administratively approve the application and Issue all required permits. 3. City building permit approval does not authorize an applicant to connect the small residential rooftop energy system to the local utility provider's electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider. (e) Inspections. 1. For a small residential rooftop solar energy system eligible for expedited review, only one inspection shall be required. 2. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized; however the subsequent inspection need not conform to the requirements of this subsection. SECTION 4. If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared invalid or unconstitutional. 11 A -5 ADOPTED this APPROVED AS TO FORM: Sonia Carvalho, City Attorney By: Lisa Storck Assistant City Attorney. AYES: NOES: ABSTAIN: NOT PRESENT day of 2015. Councilmembers Councilmembers Councilmembers Councilmembers Miguel A. Pulido Mayor LS 8.10.15 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2015, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. ffim :Jerk of the Council City of Santa Ana 4 11 A -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2015 TITLE: STRATEGIC PLAN MONTHLY REPORT FOR AUGUST 2015 (STRATEGIC PLAN NO. 5, 1) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1®t Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the Strategic Plan Monthly Report for August 2015. DISCUSSION The August 2015 monthly report provides departmental activity in alignment with the stated goals of the Strategic Plan. The report includes tasks, next steps, outcomes and percentage completed for each strategy. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this item. The Strategic Plan Monthly Reports are available on the City's website at: http://www.santa-ana.org/strategic-planning / 19C -1 19C -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE; SEPTEMBER 15, 2015 NON I4=1 PUBLIC SAFETY REPORT {STRATEGIC PLAN NO. 1, 5} C . rZ, CITY MANAGER RECOMMENDED ACTION Receive and file. DISCUSSION CLERK OF COUNCIL USE ONLY; "C• I ❑ As Recommended ❑ As Amended ❑ Ordinance on 1®` Reading ❑ Ordinance on 2 "� Reading p Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Through the Strategic Plan, the Police Department and Orange County Fire Authority have been charged to "Provide Police and Fire /Emergency Medical Services report to the City Council on an annual basis to review and identify opportunities for improvement." The attached report was created jointly by the two agencies to provide Council with information on issues such as staffing, service delivery, public outreach, Strategic Plan efforts, and fiscal sustainability. This information should be helpful to the Council in understanding the successes, challenges, and realities of the two public safety agencies and help identify areas of possible improvement in the future. STRATEGIC PLAN ALIGNMENT This item is directly related to Goal #1 - Community Safety, Objective #5, Provide high quality Police and Fire /Emergency Medical Services response within the City of Santa Ana. FISCAL IMPACT There o fi al i pact associated with this item. Carlos Rojas Chief of Police Santa Ana Police Department Exhibit 1. Public Safety Report 19D -1 19D-2 Exhibit 1 PUBLIC SAFETY #51b Strategic Plan 2015 19D-3 CITY OF SANTA ANA VIBE v 46 9UFONA rHOxcl` Santa Ana Police Department Staffing In 2014, the Santa Ana Police Department had an authorized strength of 329 sworn and 251 non -sworn positions. At the conclusion of 2014, the Department had a total of 525.5 employees, 298 of which were sworn police officers. The Police Department is actively recruiting and hiring qualified candidates for funded sworn and non -sworn positions in an effort to provide the best service possible to the community. Service Delivery The Santa Ana Police Department operates from the main Police Administrative Building and Jail Facility, which is centrally located in the City. In addition, the Police Department provides community outreach at four other police substations including the Jose Vargas Community Affairs Office in City Hall, the Law Enforcement and Fire Training Center at Centennial Park and substations located in the Westend Policing District and the Santa Ana Regional Transportation Center. The Patrol Division is dedicated to providing prompt and exceptional service during times of emergency or crisis to residents and business operators within the city. Patrol conducts the initial investigation of most crimes, addressing quality of life issues and conducting community outreach through numerous Community Oriented Policing initiatives. In combination with the Communications Division, 131,333 calls for service were handled in addition to many more inquiries and requests for information. Always striving to provide a high level of service, priority calls were answered and an officer was on scene within seven minutes for emergencies and 12 minutes for urgent calls. An officer typically arrived at lower priority calls within 37 minutes or more depending on the type of call and activity level at the time the calls were received. This is an area where the Santa Ana Police Department will make every effort to improve as staffing levels improve. 2014 Calls for Service (monthly) 0'06AJPO 0p'PN Pyol- 00 �o1 jJvy 0" g+ �g. 160, 05t"' NU VGsE jM0CN p ECE o 145,000 140,000 135,000 130,000 125,000 120,000 115,000 Calls for Service 2010 - 2014 2010 2012 ___2013 2014 19D-4 7.15 12.07 37.77 43.55 52.62 429 724 2266 2613 3157 The West Policing Division is comprised of the Westend and Southcoast policing districts, and the East Policing Division is comprised of the Northeast and Southeast policing districts. Both divisions are overseen by a District Commander. The primary purpose of the District Policing model is to address community concerns through a Community Oriented Policing approach where on -going crime trends, community outreach and quality of life issues are addressed in an efficient and effective manner using resources from throughout the organization as well as collaboration with other government agencies, non - profits and businesses. District Commanders and their staff attend meetings throughout the community and partner with Neighborhood Watch captains to remain engaged with the public to the greatest degree possible. They are also responsible forseveral community based programs such as theJr. COP, Teen Academy, Parent Academy, Community Emergency Response Team (CERT). These programs provide valuable skills to the attendees. The Santa Ana Police Department will seek to continue and improve attendance at these programs throughout 2015. The Investigations Bureau follows up on criminal investigations to identify suspects and pursue prosecution on behalf of victims of crime. In addition, the Santa Ana Police Department has improved service delivery through the creation of the Orange County Homicide Task Force, which leverages resources from law enforcement agencies throughout the County to investigate cold case homicides. This unit has been very successful in solving numerous unsolved crimes in Santa Ana and beyond. 6 5.54 VIOLENT CRIMES PROPERTY CRIMES 2007 - 2014 2007 2008 2009 2010 2011 2012 2013 2014 10 886 2007 -2014 8.04 7.45 7.48 8 6.72 6.58 6.9 s 6.25 6 4 2 ...� -. 2007 2008 2009 2010 2011 2012 2013 2014 The Santa Ana Police Department started several new initiatives that will continue into 2015 and beyond. Many of these projects are designed to improve the Department's capacity through the use of technology. The integrated software program, electronic citations and new mobile computers will improve the agency's ability to effectively respond to community needs while leveraging technology to maximize personnel and resources. Community Outreach The Santa Ana Police Department constantly seeks opportunities to improve current community outreach efforts through programs such as the Santa Ana Police Athletic and Activity League (SAPAAL) and participation in Neighborhood Association meeting, Com -Link, Council Committee meetings, Downtown groups, non - profit organizations and partnerships with City Departments as well as other government agencies. One excellent example is the Santa Ana Police Department's partnership with the Orange County District Attorney and the Santa Ana Unified School District to offer the Gang Reduction Intervention Partnership (GRIP). This program reaches hundreds of local school children and their families, offering 19D -5 alternatives to gang membership through interactive processes and an opportunity to earn rewards for positive behavior. In addition, the Department was proud to announce the implementation of the Coffee with a Cop program, which provides a forum for community members to interact with their law enforcement officers on a regular basis in a comfortable, informal environment. The Department will continue to engage the community as described above and constantly seek out additional opportunities to improve the excellent relationship our Department enjoys with the community. City Strategic Plan The Police Department continues to focus on the City's Strategic Plan and has made significant progress in the research, design and implementation of various goals and objectives. In an effort to increase our Community Oriented Policing presence in the community, the Santa Ana Police Department launched a Geographic Policing Plan in which officers are assigned to smaller geographical areas. This program will be monitored closely in the coming months to assess its effectiveness, particularly in the areas of priority call response time and community policing activities such as the handling of community complaints. In addition, the Santa Ana Police Department commissioned a study by the University of North Texas to examine the department's Patrol Division staffing levels and make recommendations based on best practices in law enforcement. In addition, the department is currently having the University of North Texas conduct a study of other areas within the organization, such as the Investigations Bureau and the Traffic Division, to determine appropriate staffing levels necessary to respond to incidents and adequately serve the community. Orange County Fire Authority Staffing Fire /EMS Services throughout the City have remained constant throughout 2014. The 10 fire stations are continually staffed with 49 personnel on duty daily. Fire Prevention staffing has been increased by 2 (Fire Prevention Specialist Trainees) to assist in managing the fire prevention workload throughout the City. There are currently six personnel assigned to manage the City's fire prevention workload. Administrative staff assigned to the City remains unchanged; (1) Division Chief, (1) Staff Fire Captain, and (1) Administrative Assistant. Service Delivery Service delivery model remains unchanged with a total of 9 Engine Companies, 3 Truck Companies, 2 Paramedic Vans, and 1 Battalion Chief. Overall there are 15 units assigned to the City; 11 of which are Paramedic Units (at least 2 paramedics assigned each day), and 3 are Paramedic Assessment Units (at least 1 paramedic assigned each day). OCFA responded to 20,273 calls for service in the City during 2014. This represents an increase of 1,122 incidents from 2013, overall a 9.5% increase of emergency responses. 19D-6 OCFA implemented a new Computer Aided Dispatch (CAD) system in September of 2014. The new CAD utilizes "closest unit' based on travel distance and road speed. OCFA average response times to emergency incidents within the City during 2013 (last full year operating under the old CAD system) was 4 minutes, 56 seconds. Preliminary data from the first three months of 2015 indicate an average response time within the City of 4 minutes, 44 seconds. With the added benefit of the new CAD system, preliminary statistics from the first three months of 2015 indicate a reduced average response time of 36 seconds (9% decrease in response time). Facility /Apparatus Improvements Facility improvement - In cooperation with City staff, OCFA coordinated station improvements to four fire stations within the City, financing for these fire station improvements was provided with the assistance of CDBG funds: • Fire Station 72 (kitchen and bathroom remodel) • Fire Station 74 (kitchen and bathroom remodel) • Fire Station 75 (bathroom remodel - upgrading the restrooms for the crews as well as the public. This was needed to meet ADA requirements in support of the SAFD museum located at the station.) • Fire Station 76 (bathroom remodel). Apparatus improvement - Part of the City's contract for Fire /EMS Service Agreement with the OCFA includes annual contributions to OCFA's "vehicle replacement fund." This fund provides the OCFA the ability to replace apparatus, in accordance with OCFA's vehicle replacement plan, without having to ask the City for additional funding. OCFA has recently taken delivery of five new fire engines. One of those units was placed in service at Fire Station 70 during May of 2015. This vehicle replacement is good news for the City and the firefighters at Fire Station 70 were looking forward to this new apparatus. The cost to purchase and put the new Engine 70 in service was approximately $580,000.00 (which is covered under the vehicle replacement fund). Communitv Outreach OCFA has aggressively worked with City staff to market a variety of public safety messages throughout 2014 participating in over 167 community outreach opportunities during 2014 OCFA provided community outreach through the following events: • Fire Safety Presentations • Fire Station Tours • Drowning Prevention • Disaster Preparedness • Fire Extinguisher Demonstration • Community Member Ride -Along 19D-7 • Smoke Alarm Install /Canvas Campaign • Career Day Participation • "Every 15 Minute" Prevent Drinking and Driving Campaign • City -wide Community Events (Fiestas Patrias, Townsend Raitt Street Fair, etc. Fiscal Stability As outlined under the Fire /EMS Service Agreement between the City and the OCFA annual costs for services are capped at a maximum of 4.5% per year. OCFA projects the costs increases for FY 2015/2016 to be approximately 2.38 %. C: \city report.doc 19D-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2095 TITLE: RECOMMENDED ACTION Receive and file. [3(,SCUSSION CLERK OF COUNCIL USE ONLY: r, * r. ❑ As Recommended ❑ As Amended ❑ Ordinance on 951 Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Through the Strategic Plan, the Police department is charged with, "Partnering with emergency assistance and disaster relief organizations to promote community awareness of emergency preparedness." In support of this strategy the Community Emergency Response Team (CERT) program has been re- established in the City. The CERT program educates people about disaster preparedness for hazards that may impact their area and trains them in basic disaster response skills, such as fire safety, light search and rescue, team organization and disaster medical operations, Using the training learned in the classroom and during exercises, CERT members can assist others in their neighborhood or workplace following an event when professional responders are not immediately available to help. The Santa Ana CERT Program is officially registered with the Federal Emergency Management Agency as well as Citizen Corps. The first course was offered in June 2015 on Tuesday and Thursday evenings, graduating 25 residents. Based on time concerns from graduates the current course offering was re- evaluated and will be offered on Saturdays In October, This move was determined to allow more of our resident's flexibility to attend the course. The October course has been announced and registration is ongoing. Those Interested in CERT program information may contact: Steve Rhyner Emergency Operations Coordinator (714) 047- 5315 srhynersanta- ana;org 19E -1 d 10 C ter Cl Santa Ana, CA 92707 CERT Program Update Sept. 15, 2015 Page 2 CERT training materials are currently available in Spanish and our Emergency Operations Coordinator is gathering Instructors to provide this course for our Spanish speaking residents, We expect the Spanish language CERT courses to be of'f'ered in 2016. STRATEGIC PLAN ALIGNMENT This Item is directly related to Goal #1 - Community Safety, communications, information sharing and community awareness of Strategy F (Partner with emergency assistance and disaster relief community awareness of emergency preparedness). FISCAL IMPACT There iano isc .,l impact associated with this item, Carlos Rotas Chief of Police Santa Ana Police Department 19E -2 Objective #2, (Broaden public safety activities), organizations to promote REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2015 TITLE: CONTRACT AWARD TO GUARANTY CHEVROLET FOR THE PURCHASE OF CHEVROLET COLORADO TRUCKS (SPEC. NO. 15 -077) {STRAT�EGI P A N!;: } J 70 � C_/> CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 I Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize a one -time purchase and payment of purchase order to Guaranty Chevrolet for the acquisition of three Chevrolet Colorado trucks, in an amount not to exceed $85,605 subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Finance and Management Services Agency Facilities, Fleet Maintenance, and Central Stores Division is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment. The City's Vehicle Replacement Policy provides guidelines and criteria for determining when vehicles need replacement. This criteria includes vehicle age, mileage, maintenance costs, and safety history. As a result of reviewing the City's replacement criteria, two compact trucks purchased in 2001, and one Chevy Blazer purchased in 2002 have been identified for replacement with mid -sized Chevy Colorado trucks. Two of these trucks will be utilized by the Public Works Agency and one by the Parks, Recreation & Community Services Agency. The notice inviting bids was advertised on July 21, 2015, on the City's online bid management and publication system. A summary of the bid invitations and bids received is as follows: 42 Vendors were notified 1 Santa Ana vendor was notified 1 Bid received 1 Bid received from a Santa Ana Vendor The bid was opened on August 20, 2015. The bid received from Guaranty Chevrolet, a Santa Ana vendor, is responsive to the specifications and meets the City's requirements. To allow for unanticipated charges, an additional $5,000 contingency has been included in the award amount. 22A -1 Contract Award for Chevrolet Colorado Trucks September 15, 2015 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's effort to meet Goal #6 Community Facilities & Infrastructure, Objective #2 (address deferred maintenance on City buildings and equipment). FISCAL IMPACT Funds in the amount of $85,605 are available in FY 2015 -16 Fleet Maintenance Equipment Replacement account (07510101- 66400). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency CL./DS /sp 22A -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2015 TITLE: RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 16' Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing I -or CONTINUED TO FILE NUMBER Award a contract to Alhambra Foundry Company, Ltd., subject to nonsubstantive changes approved by the City Manager and City Attorney, for the purchase of manhole frames and covers for a one -year period expiring September 30, 2016, with provisions for three one -year renewals exercisable by the City Manager, in an annual amount not to exceed $73,800, for a total contract amount not to exceed $295,200. r, s The Public Works Water Resources Division maintains the City's sanitary sewer system consisting of approximately 390 miles of pipelines and 8,500 manholes. Approximately 160 manhole covers are replaced annually due to damage or wear and tear. The manhole covers are purchased through the Central Stores warehouse for distribution to the Maintenance Services Division. The Central Stores warehouse provides a one-stop shop for stock items which expedites services and improves response time, The contract for manhole covers and frames is designed to provide quality products at a significant savings based on quantity pricing. The notice inviting bids was advertised on July 28, 2015 on the City's online bid management and publication system. A summary of the bid invitations and bids received is as follows: 3 Vendors were notified 0 Santa Ana vendors were notified 3 Vendors downloaded the bid packet 1 Bid received 0 Bids received from Santa Ana vendors The bid was opened on August 20, 2015 and evaluated. The bid received from Alhambra Foundry, Company, Ltd. is responsive to the specifications and meets the City's requirements. 22B -1 Contract Award for Manhole Frames and Covers September 15, 2015 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users). FISCAL IMPACT Funds in the amount of $73,800 are available in FY 2015 -16 Budget in the Sanitary Sewer Service account (05617640 - 63001). If the three annual options are renewed, $73,800 will also be budgeted in FY 2016 -2017, FY 2017 -2018 and FY 2018 -19, Y• Executive Director Public Works Agency FM:sp APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 228-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2015 TITLE: CONTRACT AWARD TO SIMPLEXGRINNELL FOR FIRE ALARM SYSTEM CONTROL PANEL REPLACEMENT (SPEC. NO. 15 -022) (STRATEGI P AN NO. 6, 1C) CITY MANAGER RECOMMENDED ACTION r � .1TaJ0r r ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize a one -time purchase and payment to SimplexGrinnell for fire alarm system control panel replacement at the City's Corporate Yaro in an amount not to exceed $45,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Finance and Management Services Agency Building Maintenance Division oversees the fire alarm systems serving all City facilities. The fire alarm system that serves the Public Works Administration, Fleet Services and Central Stores buildings located at the City's Corporate Yard is approximately twenty -one years old and has become unreliable. Additionally, repair parts necessary to maintain the system are obsolete. Approval of this contract will provide for the replacement of the original fire alarm system and enhance security and safety at the City Corporate Yard for the general public and City staff. The notice soliciting bids was advertised on March 16, 2015, on the City's online bid management and publication system. A summary of the solicitations and bids received is as follows: 45 Vendors notified 1 Santa Ana vendor notified 8 Vendors attended the job walk 4 Proposals received 0 Proposals received from Santa Ana vendors Bids were received, opened on April 9, 2015, and evaluated (Exhibit 1). The bid received from SimplexGrinnell is responsive to the specifications and meets the City's requirements. The contract amount includes $5,000 contingency amount to allow for unanticipated expenses. 22C -1 Contract Award for Fire Alarm Control Panel Replacement September 15, 2015 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the city's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard). FISCAL IMPACT Funds in the amount of $45,000 are available in FY 2015 -16 Finance and Management Services Building Maintenance account (07310100- 66200). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency JA/sp Exhibits: 1. Abstract of Bids 22Ci -2 ABSTRACT OF BIDS FIRE ALARM SYSTEM CONTROL PANEL REPLACEMENT (15 -022) EXHIBIT 1 22C -3 A -Tech Am -Tec Total Golden Phoenix Bidder Systems Security, Inc. Construction Co. SimplexGrinnell, LP Hacienda Location Heights Chino Pasadena Santa Fe Springs Terms Net 30 Net 30 Net 30 Net 30 Total $85,322.00 $46,066.09 $113,000.00 $39,983.00 EXHIBIT 1 22C -3 22C -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2015 TITLE: CONTRACTS AWARD FOR FENCING CONSTRUCTION, MAINTENANCE AND REPAIRS (SPEC NO. 15 -064) (STRATEGIC PLAN NO. 6, 1B) h C®/`f. CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: I:1; 2i] /lam ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO I�I��il11UIT�:7 Award contracts for fencing construction, maintenance & repairs for a one -year period expiring September 30, 2016, with provisions for three one -year renewals exercisable by the City Manager, in an annual amount not to exceed $100,000, subject to non - substantive changes approved by the City Manager and City Attorney, with the following vendors: Vendor Location Quality Fence Company Paramount Hillsborough Fence Company La Mirada Real Estate Consulting Santa Ana DISCUSSION The Parks, Recreation and Community Services Agency General Maintenance Division maintains over 42 parks that have fencing as enclosures for sport courts and fields, pools and property lines. Due to the heavy use of the facilities, fences are in constant need of repairs and replacement. Over the last few years many fence projects were put on hold due to the downturn in the economy. Recent budget revitalization will allow staff to address deferred fence maintenance and repairs. The notice inviting bids was advertised on June 6, 2015, on the City's online bid management and publication system. A summary of the bid invitations and bids received is as follows: 12 Vendors were notified 2 Santa Ana vendors were notified 5 Vendors downloaded the bid packet 4 Bids received 1 Bid received from a Santa Ana vendor 2213-1 Contracts Award for Fencing Construction Maintenance and Repairs September 15, 2015 Page 2 Bids were opened on July 16, 2015, and evaluated (Exhibit 1). The bids received from the recommended vendors, including a Santa Ana vendor, are responsive to the specifications and meet the City's requirements. Staff recommends awarding contracts to the three lowest bidders to allow for competitive quotes on future jobs. STRATEGIC PLAN ALIGNMENT Approval of this item allow Objective #1 (Establish and (Equitably maintain existing clean, safe and aestheticall y FISCAL IMPACT s the City to meet Goal #6 Co maintain a Community Investment streets and associated assets in pleasing for all users). mmunity Facilities & Infrastructure, Plan for all City assets), Strategy B a state of good repair so they are Funds in the amount of $100,000 are available in FY 2015 -16, and if annual options are renewed will be budgeted in FY 2016 -2017, FY 2017 -2018 and FY 2018 -19, in the following amounts and accounts: • $50,000 in the Park Maintenance account (01113250- 62320) • $25,000 in the Facilities Maintenance account (01113260- 62320) • $25,000 in the Park Improvements account (05113263- 62320) y Lu-2 ^L C Gerardo Mouet Executive Directo Parks, Recreation and Community Services Agency FA /DS /sp Exhibit: 1. Abstract of Bids APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency 22D -2 ABSTRACT OF BIDS IFB 15 -064 — FENCING CONSTRUCTION, MAINTENANCE & REPAIR SERVICES Item Description Quality Fence Hillsborough Alcorn Fence Real Estate No. Company Fence Co. Company Consulting la. Stretch and re -tie existing Carson -type galvanized fabric chain link fencing. 3ft high or less $ 1.750.00 $ 1.360.00 $ 5,625.00 $ 4.023.00 1b Stretch and re -tie existing Carson -type galvanized fabric chain link fencing. 4ft — Eft high $ 3.440.00 $ 1.400.00 $ 8,125.00 $ 4,260.00 2a. Furnish and install new Carson -type galvanized posts and caps. 3ft post & cap 2 -1/2" — 3" diameter $ 4.000.00 $ 6.658.00 $ 22 000.00 $ 2,498.00 2b Furnish and install new Carson -type galvanized posts and caps. 4ft post & cap 2-1/2" — 3" diameter $ 4.750.00 $ 7.105.70 $ 22 350.00 $ 2,780.00 2c Furnish and install new Carson -type galvanized posts and caps. Eft post & cap 2-1/2"— 3" diameter $ 8.250.00 $ 8.015.50 $ 23 250.00 $ 3,316. 0 Furnish and install new Carson -type galvanized top rail & 3. line caps, and secure fabric. Top rail 1 -5/8" diameter x 10ft lengths $ 3.440.00 $ 4.300.00 $ 5 000.00 $ 3,280.00 Furnish and install new Carson -type galvanized bottom & 4. brace rail with end raps, and secure fabric. Bottom & brace rail 1 -5/8" diameter x 10ft lengths $ 3.940.00 $ 3.467.00 $ 5,750.00 $ 2,720.00 Furnish and install new Carson -type galvanized fabric, 9- 5a. gauge with knuckled finish top & bottom, to existing posts and rails, and secure fabric. 3ft high — 2" mesh fence fabric $ 3.000.00 $ 4.734.50 $ 11 000.00 $ 3,065.00 Furnish and install new Carson -type galvanized fabric, 9- 5b. gauge with knuckled finish top & bottom, to existing posts and rails, and secure fabric. 4ft high — 2" mesh fence fabric $ 3.500.00 $ 6.205.00 $ 11 500.00 $ 3,714.00 Furnish and install new Carson -type galvanized fabric, 9- 5c. gauge with knuckled finish top & bottom, to existing posts and rails, and secure fabric. 3ft high — 2" mesh fence fabric $ 6.000.00 $ 7,200.00 $ 12 500.00 $ 5,043.00 Furnish and install new Carson -type galvanized gate with 6. hinges and industrial type cargo latch. Single Gate — 6ft x4ft $ 780.00 $ 750.00 $ 1800.00 $ 607.00 7 Furnish and install new Carson -type galvanized 7 -gauge bottom tension wire, with 9 -gauge hog rings. $ 450.00 $ 2.600.00 $ 3 750.00 $ 830.00 Labor and materials to remove existing chain link fabric, 8a. posts and concrete footings to a legal disposal site. Eft high or less $ 1.940.00 $ 5.800.00 $ 8,250.00 $ 2,500.00 Labor and materials to remove existing chain link fabric, 8b. posts and concrete footings to a legal disposal site. 8ft — 10ft high $ 2.440.00 $ 6.100.00 $ 10 000.00 $ 2,500.00 9 Labor and materials to construct a wall using standard size cinder - blocks capped, without pilasters. $ 4.600.00 $ NO BID $ 34 000.00 $ 8,430.00 Labor and materials to construct a decorative wrought iron 10 fence, 6ft high x 5911: long in the same as depicted in Exhibit 1 of the bid solicitation and meeting local code requirements. $ 4.000.00 $ 5.790.00 $ 9,300.00 $ 4,270.00 Furnish and install metal privacy slats in a Carson -type 11. fence, 6ft high x 50ft long, and meeting local code requirements. $ 2.250.00 $ NO BID $ ==A4Q"0A $ 2.554.00... Total Lowest Price items EXHIBIT 1 22D -3 2 22D -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2015 TITLE: EMPLOYEE GROUP INSURANCE RENEWALS (STRATEGIC PLAN NO. 7,6) l ° CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute agreements for the renewal of long term disability, dental, vision, employee assistance, employee group life and accidental death and dismemberment insurance from January 1, 2016 to expire on December 31, 2016, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager to approve the rates as offered by CalPERS for 2016 Health Premiums for medical insurance. 3. Authorize the City Manager and Clerk of the Council to recognize the ongoing agreement with REACH Employee Assistance, Inc. executed in January 1, 2015 expiring on December 31, 2017, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The City utilizes the services of two insurance brokers Mercer and Cook Insurance Service. Mercer is the broker of record on the life and accidental death & dismemberment (AD &D) coverage, long -term disability (LTD) insurance through the carrier Aetna and EAP Program through REACH for all employees. Cook Insurance Service is the broker of record for dental coverage through the carriers Delta and MetLife. These coverages are sent out to bid by the brokers on a regular basis, usually in the summer of each year. Rates are finalized and issued in time for open enrollment in September of each year. The new rates are effective annually on January 1. We are currently in the second year of a two -year rate guarantee for Life, AD &D and LTD rates through December 31, 2016. The City is currently in the second year of a two -year contract with Delta and MetLife for dental coverage. Delta rates will increase by 6.6 %. However, MetLife has agreed there will be no rate increase. The Employee Assistance Program assists employees and their eligible dependents in handling problems that may be interfering with their performance on the job. Consultation for problems such as alcohol and drug abuse, legal, marital and family problems are available. REACH currently provides services under this program. Full time and part time employees are eligible to 25A -1 Employee Group Insurance Renewals September 15, 2015 Page 2 participate in the Employee Assistance Program. We are currently in the second year of a three - year rate guarantee through December 31, 2017. The City purchases its vision insurance through EyeMed. The City does not contribute to the cost of this coverage. Employees are responsible for the full cost of this coverage. We are currently in the second year of a four -year rate guarantee through December 31, 2018. The City purchases its medical insurance through CalPERS. The CaIPERS health benefit program was established in 1962 under the Public Employees Medical and Hospital care Act ( PEMHCA). In 1967 the program was expanded to allow all public agencies access to the program. The City through a resolution amended its' contract with CalPERS to allow it to participate in PEMCHA in 1996. CaIPERS is the second largest public purchaser of insurance in the nation behind the Federal government and currently provides insurance for all State employees, public colleges and universities and to more than 1,000 school districts and local governments. To address the issue of rising health care costs, market stability, access and choice for contracting agencies, CalPERS utilizes a regional price approach grouping similar located agencies into regions. This approach and other polices are credited with holding down health care premiums, negotiating lower prices from hospitals and negotiating savings on prescription drugs. The change in CalPERS basic HMO health plan rates range from a decrease of 14.35% for Anthem HMO Traditional to an increase of 18.76% for Blue Shield NetValue HMO. The average increase for all HMO health plans will be 4.5% and the average increase for all basic PPO health plans will be 11.34 %. The City will incur a 9.33% increase in costs for employees enrolled in the CalPERS medical plans. The City contribution for SEIU and POA are still being negotiated. The employees will be responsible for any increase in cost above the City contribution. Retirees are not included in the annual cost estimates. The Police Officers Association maintains its own insurance programs for medical, dental, vision and LTD coverage. The specific rates are listed below: AETNA Life Insurance Insurance Coverage Current Insurance Rate Insurance Renewal Rate 2016 Percent Change Life Insurance $0.102 per $1000 $0.102 per $1000 0.0% Accidental Death & Dismemberment $0.020 per $1000 $0.020 per $1000 0.0% 25A -2 Employee Group Insurance Renewals September 15, 2015 Page 3 AETNA Long -Term Disability Group Coverage Current Insurance Insurance Percent Change Employee Rate Renewal Rate 2016 6.6% Management $0.352 per $100 $0.352 per $100 0.0% Employees 130 day wait $8.78 $8.78 0.0% Employees 60 day wait $15.93 $15.93 0.0% Dental Plans Type of Coverage Delta Current Rate Delta Renewal Rate 2016 Percent Change Employee $48.39 $51.58 6.6% Employee Plus Family $119.17 $127.04 6.6% Type of Coverage MetLife Dental Current Rate MetLife Dental Renewal Rate 2016 Percent Change Employee $26.38 $26.38 0.0% Employee Plus Family $45.09 $45.09 0.0% EyeMed Vision Plan Type of Coverage Current Insurance Insurance Renewal Percent Change Rate Rate 2016 Employee $7.75 $7.75 0.0% Employee & one $14.71 $14.71 0.0% Dependent Employee & two or $21.63 $21.63 0.0% more Dependents 25A -3 Employee Group Insurance Renewals September 15, 2015 Page 4 CaIPERS Health Program Plan Employee Only Employee & one Dependent Employee & two De mores Percent Change Anthem HMO Select $634.75 $1269.50 $1650.50 -2.94% Anthem HMO Traditional $710.79 $1412.56 $1848.05 -4.35% Blue Shield Access+ HMO $654.87 $1309.74 $1702.66 9.39% Blue Shield NetValue HMO $666.35 $1332.70 $1732.51 18.76% Health Net Salud y Mas HMO $535.98 $1071.96 $1393.55 2.96% Health Net SmartCare HMO $596.98 $1193.96 $1552.15 2.95% Kaiser HMO $605.05 $1210.10 $1573.13 4.35% Sharp HMO $561.34 $1122.68 $1459.48 - 0.57% United Healthcare HMO . $493.99 $987.98 $1284.37 10.00% PERSCare PPO $761.50 $1523.00 $1979.90 15.85% PERSChoice PPO $683.71 $1367.42 $1777.65 15.03% PERSSelect PPO $625.20 $1250.40 $1625.52 6.77% PORAC(safety members) $675.00 $1292.00 $1642.00 7.70% Employee Assistance Program - REACH Employee /Associate Assistance 25A -4 Current Rate based on Insurance Renewal Type of Coverage 1460 employees Rate 2016 based on Percent Change 1460 employees Full Time Employee $1.85 /employee $1.85 /employee 0.0% (970 full time) (970 full time) Part Time Employee $1.25 /employee $1.25 /employee 0.0% (490 part time) (490 part time) 25A -4 Employee Group Insurance Renewals September 15, 2015 Page 5 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #7 Team Santa Ana, Objective #6, (Provide a positive workplace environment that supports the health of its employees and celebrates its successes). FISCAL IMPACT The annual cost of each plan may vary depending on changes in the number of employees enrolled during the year. The projected annual costs are calculated using current enrollment as of July 2015 for City provided insurance and 522 budgeted positions for POA insurance coverage. Coverage for POA (Sworn and Non - Sworn) REACH (EAP Provider)* $ 17,784 Total Annual Cost $ 6,513,624 *City administered insurance 25A -5 $ 17,784 $ 0 $ 7,584,277 $1,070,653 CY 2015 CY 2016 Difference Aetna Life* $ 14,640 $ 14,962 $ 322 POA LTD Insurance $ 396,000 $ 404,712 $ 8,712 POA Dental $ 540,000 $ 551,880 $ 11,880 POA Medical $ 7,074,000 $ 7,495,848 $ 421,848 REACH (EAP Provider)* $ 11,100 $ 11,100 $ 0 Total Annual Cost $ 8,035,740 $ 8,478,502 $ 442,762 Coverage for SEIU, CASA, SAMA, EM, PMA & PTCS (City Administers) CY 2015 CY 2016 Difference Aetna Life /LTD Insurance* $ 115,788 $ 126,250 $ 10,462 Dental Carriers* $ 350,904 $ 404,677 $ 53,773 CalPERS Medical* $ 6,029,148 $ 7,035,566 $1,006,418 REACH (EAP Provider)* $ 17,784 Total Annual Cost $ 6,513,624 *City administered insurance 25A -5 $ 17,784 $ 0 $ 7,584,277 $1,070,653 Employee Group Insurance Renewals September 15, 2015 Page 6 Funds in the amount of $7,075,012 are budgeted and available in the Personnel Services Employee Benefits account (account no. 08109053- 64010) to pay for City administered insurance coverage *. Funds in the amount of $8,452,440 are budgeted and available in the Employee Benefits account (account no. 08109053- 64010) to pay for the insurance coverage administered by the POA. The total budgeted amount of $15,527,452 is available in Fiscal Year 2015 -2016. The balance will be budgeted in Fiscal Year 2016 -2017. k �� 0-,NL- Edward aya Executive Director Personnel Services APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency;;.,,- Exhibits: A- Delta Dental Agreement B- MetLife Agreement C- CalPERS 2016 Premiums D- REACH Employee Assistance Agreement 25A -6 Exhibit "A" 25A -7 AMENDMENT NO. 10 TO AGREEMENT RENEWAL GROUP #00599 REVISED AGREEMENT dated January 1, 2005, as amended, between CITY OF SANTA ANA and DELTA DENTAL OF CALIFORNIA "Delta Dental," is hereby further amended, effective January 1, 2016, as follows: Paragraph 1.4 is amended to read: 1.4 "Contract Term" means the period beginning on January 1, 2016, and ending on December 31, 2016 and each subsequent yearly period during which this Contract remains in effect. Paragraph 3.1 is amended to read: 3A Within ten days after receipt of Delta Dental's invoice, Contractholder agrees to pay the following monthly, billed Premiums to Delta Dental, at the address shown on the first page of this Contract, for all of Contractholder's Primary Enrollees and their Dependents who are "Enrollees" as set forth in Article2 of this Contract: $51.58 for each Primary Enrollee without enrolled Dependents; and $127.04 for each Primary Enrollee with one or more enrolled Dependents. Delta Dental shall use the plus stabilization existing as of December 31, 2015 to subsidize the total monthly Premium in the following amounts: $3.91 for each Primary Enrollee without enrolled Dependents; and $9.62 for each Primary Enrollee with one or more enrolled Dependents. The Contractholder is required to pay only the billed, monthly Premiums shown above. The total monthly Premium, Including billed and subsidized monthly Premiums, Is: $55.49 for each Primary Enrollee without enrolled Dependents; and $136.66 for each Primary Enrollee with one or more enrolled Dependents. Contractholder agrees to pay the Invoiced amount. Eligibility adjustments reported to Delta Dental after the date the Invoice is prepared will be reflected on the subsequent month's Invoice. Such adjustments are limited to the three -month period prior to the most current month for which the Contractholder provides eligibility data. Contractholder agrees to bear the cost 70% of such Premiums without withholding or otherwise charging Primary Enrollees for their coverage. Primary Enrollees agree to bear the remaining 30% of the cost of coverage for themselves and the entire cost of coverage for their enrolled Dependents. 25A -8 Paragraph 9.2 is amended to read: 9.2 If Delta Dental terminates this Contract under paragraph 9.1 (a), all Benefits end and Delta Dental Is released from all further obligations of this Contract, effective the last day of the month in which written notice of termination is given. The Contractholder will remain liable to Delta Dental for the greater of: (1) the unpaid Premiums applicable for the period this Contract was in effect before termination; or (2) the full amount of all Dentist's statements paid or otherwise discharged by Delta Dental during the full term of this Contract, plus 15.60% of such amount (to compensate Delta Dental for its administration of the dental plan), less amounts actually paid by the Contractholder to Delta Dental during the term of such Contract. CITY OF SANTA ANA DELTA DENTAL GROUP #00599 Date Amendment Signed: Signature Printed Name Title DATE: August 6, 2015 DELTA DENTAL OF CALIFORNIA Belinda Martinez Senior Vice President Sales /Marketing Kevin Jackson Group Vice President Underwriting & Actuarial APPROVED AS TO FORM � `tc) , Laura A. Rossini Senior Assistant City Attorney 25A -9 25A -10 Exhibit "B" 25A -11 June 1, 2015 Dick Cook 814 Hibiscus Way Placentia, CA 92870 Re: City of Santa Ana #142337 Renewal – 111116 Dear Dick Cook, MetLife appreciates the opportunity to be a part of your benefit program. This letter confirms Your renewal for the 2016 plan year. In determining the rates for the coming plan year, we have evaluated your plan experience, taking into account the credibility of the experience and the demographics of your group, Our objective in the renewal process is to identify rates that will maintain the overall financial stability of your benefit program. We have set the following rates for the coming year: Coverage Current Renewal Change In Rate/Fee Rate/Fee Rate/Fee DHMO _ Employee o $26.89 $26.89 +0.0% Employee +Family $45.98 +®Alo The lratipnt Protection and Affordable Cara Act ( "p»ACA ") includes a health insurance PndsstrJ fe: impoes a- aU health insurers, including dental and vision insurers. As with the prior year, this rep in included in the dental and/or vision rates above. The rates shown above assume your existing plan design, contribution structure and group demographics remain the same. Please do not hesitate to contact me at 949 - 471.2310 if I may answer any questions or assist in any way. Once again, thank you for the privilege you have extended to us, You are the reason we are in business. We look forward to continuing our relationship in the months and years ahead. Sincerely, Nick Sala Account Executive Request to Notify Alaska Residents of Impending Coverage andlor Premium Changes UnU r Ai ra ?.Gas, 1 ;u i_2i r ] 6a4ie, t1, _s .a ig n A a -ka rux _ otpf, d cf ,r !errs year 7 ,nry i ,n.iz:rn. _harp , cpuiiC „k h Yo:a h t pfCya_e . n -a In A , " t who are Ov (f n !e. Mel.—fl- ,.rwu.t li'v, G �,aal. nsron or AcCi v V_ ur =ttl•. ai a ?:,rr..mN r t t„i,. n- r _,� (hat , u r v de �h, rt ,, � r�'itt?? ,i r,� 9t�1'gsi I , a2� iP ar+r inr <�F the .xw," girell,IN rn, a.Car+ i ,_rruun. ar h ",i" Snr.. r-�y,i h.'3t.q ,r. :i7F.tl t .rh . 4Ofa -, r ? Ur ;,e „r, t.it , ,. , A Ik =*n v.rd: , hE 2 YOW 25A -12 Exhibit "C" 25A -13 Page 1 of 1 Ca1PERS 2016 Health Premiums - Regional Contracting Agencies - PPOs Only June PHBC Proposed Premiums 25A -14 ® 2015 201$ Percent Change ' UC,,t,, 2 -Party Family Single 2 -Party Alame a, Amador, Contra Marin, Napa, Nevada, San Francisco, San Joaquin, an Mateo, Santa Clara, Santa Cruz, Solano, Sonoma. Sutter, and Yuba PERS Choice 700.841 1,401.68 1,822.18 798.36 1,596.72 2,075.74 13.91% PERS Select 690.431 1,380,86 1,795.12 730.07 1,460.14 1,898.18 5.74% PERSCare 776.081 1,550.16 2,015.211 889.271 1,778.541 2,312.10 14.73% 4 � 1 El Dorado, Placer, Sacramento and Yolo PIERS Choice 679.26 1,358.521 1,766.081 727.581 1,455.16 1,891.71 7.11% PERS Select 669.16 1,33$.32 -- 1,739,821 665.351 1,330.701 1,729.91 -0.57% PERSCare 751.21 1402A21 11953.151 810.401 1,620.801 2107.04 788% • sm=Efllm' • * GLos Angeles, San Bernardino, and Ventura PERS Choice 585.18 1,170.36 1,521.47 598.75 1,197.50 1,556.75 2.32% PERS Select 576.49 1,152.98 1,498.87 547.55 1,095.10 1,423.63 - 5.02% PERSCare 647.111 1,29U21 1,682.49 666.91 1,333,821 1,733.97 3.06% i • q Fresno, Imperial, inyo, Kern, Kings, Madera, Riverside, Orange, San Diego, San Luis Obispo, Santa Barbara, and Tulare PIERS Choice 594.40 11188.80 1,545.44 683.71 1,367.42 1,777.65 15.03% PERS Select 585.58 1,171.16 1,522.51 625.20 1,250.40 1,625.52 6.77 °!° PERSCaro 657.32 1,314.84 1,709.03 761,501 1,523.00 1,979.90 15.85% Alpira, Brute. Ci,averas, Colusa. Del Norto, Gienn, blu nboidt, Lake. I_asien, Nlarlr csa. a,Mendoeirto- 4lercad, Modoc. Mono, Monterey °fur ms, San Benito. Shasta, Sierra, 9isiGyou, Stanistaus. Tahama, Tr?nityj and Tuolumne Anthem EPO Del Norte 656.08 1,312..16 1,705.81 795.57 1,591.14 2,068.48 21.26% Anthem EPO Monterey 656.08 1,312.16 1,705,81 795.57 1,591.14 2,068.48 21.26% PERS Choice 656.08 1,312.16 1,705.81 795.57 1,591.14 2,068.48 21.26% PERS Select 646.35 1,292.70 100.51 727.47 1,454.94 1,891.42 1255% PERSCare 725.54 1,451.08 1,886.40 886.15 1,772.30 2,303.99 22.14% PIERS Choice 653.58 1,307.16 1,699,31 625.31 1,250.621 1,625.81 -433% PERSCare 1 722.741 1,445.481 1,879.121 696,491 1,392,981 1,810.87 - 3.63% 2015 2016 Percent Change Single 2 -Party Family Single 2 -Party I Family ( *i> Medicare Premium Rates - All Regions PERS Choice 1 339.47 878.94 1,018.41 366.38 732.76 1,099.14 7.93% PERS Select 339.47 678.94 1,018.41 366.38 732.76 1,499.14 7.93% PERSCare 368.76 737.52 1,106.28 408,04 816.08 1,224.12 10.65% 25A -14 Page 2 of 3 Ca1PERS 2016 Health Premiums - Regional Contracting Agencies - HMOs Only June PHBC Final Proposed Premiums - Alternative 1 a/ New health plan option for 2016 b/ Medicare healthplan is not available for 2016 under the Single Carrier Proposal 25A -15 2015 ® " Single I 2 -Party Family Alameda, Amador, Contra Costa, Marm, Napa, Nevada, San Francisco, San Sonoma Sutter, and Yuba 2016 1 Percent I Single I 2 -Party I Family I change( +l -) Joaquin, San Mateo, Santa Clara, Santa Cruz, Solano, Anthem HMO Select $662.41 $1,324.82 $1,722.27 $721.79 $1,44158 $1,876.65 8.96% Anthem HMO Traditional 827.57 1,655.14 2,151.68 855.42 1,710.84 2,224.09 3.37% Blue Shield Access+ 928.87 1,857.74 2,415.06 1,016.18 2,032.36 2,642.07 9.40% Blue Shield NetValue 870.60 1,741.20 2,263.56 1,033.86 2,067.72 2,688.04 18.757/6 Health Net SmartCare°i 808.44 11616.88 2,101.94 Kaiser CA 714.45 1,428.90 1,857.57 746.47 1,492.94 1,940.82 4.48% UnitedHealthcare 850.67 1,701.34 2,211.74 955.44 11910.88 2,484.14 12,32% El Dorado, Placer, Sacramento ° and Yolo Anthem HMO Select $811.14 $1,622.28 $2,108.96 $902.07 $1,804.14 $2,345.38 li.m Anthem HMO Traditional 940.16 1,880.32 2,444.42 1,112.54 2,225.08 2,892.60 18.34% Blue Shield Access+ 809.22 1,618.44 2,103.97 885.33 1,770.66 2,301.86 9.41% Blue Shield NetValue 758.45 1,516.90 1,971.97 900.73 1,801.46 2,341.90 18.76% Health Net SmartCare °l 747.55 1,495.10 1,943.63 Kaiser CA 660.96 1,321.92 1,718.50 695.11 1,390.22 1,807.29 6.17% UnitedHealthcare 623.45 1,246.90 1,620.97 68636 1,372.72 1,784.54 10.09% o OFAMENNINNEEM . Los Angeles, San Bernardino, and Ventura Anthem HMO Select $493.40 $986.80 $1,282.84 $543.47 $1,086.94 $1,413.02 10.15% Anthem HMO Traditional 631.62 1,263.24 1,642.21 610.64 1,221.28 1,587.66 - 3.32% Blue Shield Access+ 517.87 1,035.74 1,346.46 566.53 1,133.06 1,472.98 9.40% Blue Shield NetValue 485.41 970.82 1,262.07 576.46 1,152.92 1,498.80 18.76% Health Net Salud y Mas 430,71 861.42 1,119.85 466.11 932.22 1,211.89 8.22% Health Net SmartCare 568.47 1,136.94 1,478.02 585.39 1,170.78 1,522.01 2.98% Kaiser CA 52118 1,042.36 1,355.07 543.83 1,087.66 1,41196 4.35% United Healthcare 458.74 917.48 1,192.72 492.24 984,481 1,279.82 7.30% e a Fresno, Imperial, Inyo, Kern, Kings, Madera, Riverside, Orange. San Diego, San Luis Obispo, Santa Barbara, and Tulare Anthem HMO Select $653.97 $1,307.94 $1,700.32 $634.75 $1,269.50 $1,650.35 -2.94% Anthem HMO Traditional 743.12 1,486.24 1,932.11 710.79 1,421.58 1,848.05 -4.35% Blue Shield Access+ 596.66 1,197.32 1,556.52 654.87 1,309.74 1,702.66 9.39% Blue Shield NetValue 561.09 1,122.18 1,458.83 666.35 1,332.70 1,732,51 18.76% Health Net Salud y M6s 520.59 1,041.18 1,353.53 535.98 1,071.96 1,393.55 2.96% Health Net SmartCare 579.88 1,159.76 1,507.69 596.98 1,193.96 1,552.15 2.95% Kaiser CA 579.80 1,159.60 1,507.48 605.05 1,210.10 1,573.13 4.35% Sharp 564.57 1,129.14 1,467,88 561.34 1,122.68 1,459.48 United Healthcare 449.10 896.20 1,167.66 493.99 987.98 1,284.37 10.00% a/ New health plan option for 2016 b/ Medicare healthplan is not available for 2016 under the Single Carrier Proposal 25A -15 Page 3 of 3 CalPERS 2016 Health Premiums - Regional Contracting Agencies - HMOs Only Jura PNBC Final Proposed Premiums - Alternative 1 ® 2015 2016 1 Percent Single 2 -Party Family Single 2 -Party I Family I Change ( +i -) V,) "o imor'eray Phunas. Sir Ban ta. Shnsca.o '� Ssi<i /ou dt.nislaus. �,nama.Tri mly -and Tooiumna Anthem HMO Select $726.65 $1,457.30 $1,894.49 $839.10 $1,678.20 $2,181.66 15,16% Anthem HMO Traditional 838.48 1,676.96 2,180,05 964,91 1,929.82 2,508.77 15.08% Blue Shield Access+ 804.34 1,608.68 2,091.28 879.96 1,759.92 2,287.90 9.40% Blue Shield NetValuo 753.82 1,507.64 1,999.93 895.17 1,790.34 2,327.44 18.75% Kaiser CA 716.98 1,433.96 1,864.15 756.27 1,510.54 1,963.70 5.34% UnitedHealthcare 677.35 1,354.70 1,761.11 794.80 1,589.60 2,066.48 17.34% y Kaiser /Out of State $922.78 $1,845.56 $2,399.23 $930.29 $1,860.58 $2,418.75 0.81% 2015 2016 Percent Single 2 -Party Family Single 2 -Party Family Change( +t.) Medicare Premium Rues - All Re ions Anthem Blue Cross°! $445.38 $890.76 $1,336.14 Blue Shieldb' 352.63 705.26 1,057.89 Health Netbl 276.85 553.70 830.55 Kaiser CA .295.51 591.02 686.53 297.23 594.46 891.69 0.58% Kaiser Out of State 390.47 780.94 1,171..41 297.23 594.46 891.69 - 23.88% Sharp b/ 327.66 655.32 982.98 UnitedHealthcare 267.41 ...534.62 802.23 320.98 641.96 962.94 a/ New health plan option For 2016 b/ Medicare healthplan is not available for 2016 under the Single Carrier Proposal 25A -16 Exhibit "D" 25A -17 A -2014- 176 -01 REACH EMPLOYEE ASSISTANCE PROGRAM SERVICES AGREEMENT This Employee Assistance Program Services Agreement is made and entered into as of January 1, 2015, between REACH Employee Assistance, Inc, (hereinafter referred to as "REACH "), a L' California corporation, and the City of Santa Ana, a charter city and Municipal Corporation 9 organized and existing under the Constitution and laws of the State of California (hereafter r referred to as "City ".) Whereas REACH is engaged in the Employee Assistance Program Services business and desires to service City; and vWhereas City desires to obtain the Employee Assistance Program Services of REACH, It is therefore agreed as follows: This is a contract for service outlining the duties and responsibilities of REACH Employee Assistance, Inc,, to the City of Santa Ana. I. Below are listed the Scope of Services provided by the REACH: 1. Assessment/Connseliin eferral for Employeos and Dependents t A total assessment will be administered for a well - rounded analysis of the client's problem. Employees and immediate family members are entitled to up to three (3) sessions per 6Ar incident every six (6) months. REACH provides professional assessment/counseling to the tAJ;jp �R1 1St ; !n ` point of referring the client to an outside counseling professional or agency. In addition, as r 3 Li f- REACH provides follow -up consultation. The nuunber of sessions offered, within this limit, will be at the sole discretion of the REACH counseling staff. MN The City will be assigned a REACH liaison person. REACH provides quality, experienced counselors knowledgeable in assessment skills to provide personal counseling to employees and immediate family members. REACH also provides qualified and experienced staff to assist management on all aspects of Employee Assistance Program. Dr Marcus Dayhoff is administratively, operationally and clinically responsible for REACH. A. Confidentiality and Release of Information As a general rule REACH shall not disclose to the City the identity of City employees or immediate family members of City employees who elect to participate in the REACH Program offered under this Agreement. U, xceptions - Notwithstanding the above, REACH shall release to the City in writing the following information on employees who have been referred into the REACH Program as a condition of employment with the City: A) Whether employee has agreed to participate in the Assistance Program. 25A -18 B) List of all appointments of employee kept and missed, together with reason, if any, for missing the appointment. C) Submission of the employee's anticipated treatment plan as a participant in the Program. This plan shall consist of the following: 1) The anticipated number of visits, appointments, or sessions requested of the employee, 2) The type of therapeutic procedures in general terns that the employee is to receive during the employee's participation with the REACH Program or the treatment provider(s), 3) Description of the treatment service provider the employee is referred to by REACH. 4) Any other information not contained in the employee's treatment service provider medical record deemed appropriate by the City to evaluate the erployees participation in the Assistance. Program. D) Any conclusion or opinion of REACH or employee's treatment service provider that the employee is limited or restricted in his/her ability to perform the employee's job duties, such limitation may be, but not necessary, limited to physical, psychological, or medical reasons. E) Any conclusion or opinion of REACH or employee's treatment service provider Chat employee's participation may necessitate employee's absence from the City. F) That employee has failed, refused, or othet-wise has discontinued to proceed with the REACH Program or any treatment service provider. G) Report consisting of the following: 1) Diagnosis 2) Sunmary of treatment or therapeutic procedures 3) Disabilities, limitations, or restrictions of employee 4) Recommendation on further treatment. The above information shall be considered confidential information not subject to disclosure by REACH unless the City employee has on file with REACH and any treatment service provider in the REACH Program an irrevocable authorization(s), RELEASE OF INFORMATION to the City. On receipt of the City's request for the above information, REACH shall notify in writing, the City employee of the City's request. N'OT& The City agrees that in cases where an employee agrees to be referred by management to REACH, the Supervisor will seek written permission from the employee to inform REACH of the circumstances leading up to the referral, The City agrees to in no way insist or demand confidential information from the REACH program on specific individuals who do not want their information released to the City. 25A -19 5edvice Providers: Exceptions will also be made in cases when the employee and /or immediate family members sign a written release authorizing the release of information by REACH to one or more agreed upon service providers. 2. Munitions a, "Client" shall mean an employee or his /her immediate family member participating in the REACH EAP program. b. "Treatment Service Providers" or "Service Providers" shall mean an outside counseling professional or agency, referred by REACH, whose services will be paid by the client. 3. Con so ' Hours REACH provides counseling hours from 8:00 a.m. to 8:00 p.m. Monday through Thursday, Friday 8:00 to 5 :00 p,m. and will respond appropriately and effectively to employee needs. Every attempt will be made to see management referrals and employees in crisis as early as possible to the time of calland no later than 24 hours (during business hours) of the call being made. All other clients will be seen within 48 hours of the call being made. The City agrees to provide REACH with names and telephone numbers of liaison individual(s) Lit the City who can be contacted hi cases of emergencies and keep REACH appraised of changes in contacts and telephone numbers. 4, 2.1 -Hour Availability. 7 days a week REACH provides confidential intake and psycho - social assessment and counseling to the point of referral to employees and their immediate family members with a 24 hour telephone service. REACH assures that no calls go unanswered and that all crisis callers receive courteous and prompt service, During non - business hours, all calls answered by the REACH answering service will be connected to the on -call counselor. The REACHline number is 1 -800- 273 -5273. 5. Location Employees and firmly members will have a choice of counseling either at one of our several conveniently located offices or at one of our service provider's office. 6. Referral Network When necessary, REACH will refer employees and dependents to appropriate, cost effective, geographically convenient and high quality services provided by individuals and agencies which have been screened by our staff. Mlonitoring/Follow -un REACH will monitor and follow -tip as long as appropriate all people referred by the REACH program to outside individuals and community resources to assure the problem is resolved and 25A -20 that the person is satisfied with the quality of referrals. In cases of management referrals, REACH will also follow -up regularly with the City on status ofjob performance. g. Service Utilization Reports REACH will provide quarterly confidential reports on service utilization, aggregate client profiles, assessed problems and outcome at ease closure. Customer satisfaction reports will be available upon request by the City. 9. Benefits The City agrees to provide REACH with copies of all the City employee benefit plans and appraise REACH of all changes as they occur. 10. Ayolding Conflict of Interest REACH agrees to avoid conflict of interest by providing up to three (3) referrals to clients based on competency, geography and the most cost effective modality to deal with the client's problem(s). No referrals will be made to the private practices of REACH counseling staff members or to any private practitioner and /or agency with whom a REACH counselor has an economic relationship. Only the City can make exceptions to this rule. 11. Alcoholism and Chemical Denendennev Intervention Services REACH provides job related alcoholism and chemical dependency intervention services as required. 1.2. Poliev and Procedure The City agrees to consider implementing a policy and procedure statement on employee assistance when appropriate. REACH will provide technical assistance to the City staff in writing a policy and procedure statement on employee assistance. 1.3. Training REACH will provide Management and Supervisory training sessions annually, It is recommended that no more than 25 managers /supervisors attend each session. The purpose of these training sessions is to make managers and supervisors aware of City employee assistance program policy and procedures, of how to identify poor job performance as it relates to personal problems and to familiarize them with the processes of referrals and follow -up. The effectiveness of each training session will be evaluated. 14. Management Guidelines REACH supplies on request Management and Supervisor Employee Assistance Program guidelines for inclusion in City personnel management gtudelines. 25A -21 13. Manag_er /Supervisor Consultation and Assistance REACH will assist managers and supervisors eailhlg REACHIine for consultation on how to deal with specific employee incidents or problems, which may require EAP intervention. The City agrees to encourage managers and supervisors to talce advantage of this consultation service. 16. krograrn Promotion The City agrees to support REACH in developing a yearly EAP program promotion plan. a. EAP orientation classes for employees in groups of up to 50 will be available to the City as a means of introducing City EAP policy and procedures and utilization of REACH services. b. "Munch & Learn" presentations will be conducted periodically upon request by the City, at City locations to maximize utilization of REACH services. C. REACII brochure & REACIItine cards will be supplied to the City for distribution to all employees. d. REACH Frontline will be electronically supplied to the City quarterly for distribution to all supervisors. e. REACI3line.com will be available for ontine use to all employees and family members. Employees will be supplied a password as mentioned on REAC14 employee brochure for online secure area access. E REACHIIne Posters will be supplied from time to time to the City for posting on official staff bulletin boards. g. Originals of promotional materials for inclusion as short articles in internal staff' newsletter or as check stutf'ers will be supplied upon request by the City. h. REACH staff will participate at the City's employee benefit fair upon request. i. REACH will assist with drafting of any EAP related materials to announce REACH services to employees. 17, Ouali REACH conducts on -going quality assurance audits on all aspects of the program from inception to end of the contract year. REACH will supply die City with quarterly reports. 1I. THE CITY OF SANTA ANA REALIZES AND UNDERSTANDS 25A -22 Top management support and commitment is essential to the success of the REACH Employee Assistance Program at the City of Santa Ana. 2. REACH is a totally confidential program. The City will only be aware of employees referred officially by management and information about that employee will not be released without written consent of the employee. 3. REACH will not, in all cases, be able to resolve the employee's or dependent's problem(s) in the set number of counseling sessions. In such cases the employee or family member will be referred to duality, cost effective resources available within the community. 4. Employees and dependents will not be charged for the services provided by REACH. If referrals are necessary, those referrals may result in additional cost to the City's benefit plan and may result in added costs to the employee or family member. 5. The REACH program is made available to all full - and part -time employees and their dependents, The REACH benefit starts on the fast day of employment. 6. It is anticipated that the yearly employee utilization rate will be a minimum of 6 -8 %. The REACH promotional program will aim at achieving at least this utilization rate. III. TERMS AND CONDITIONS The Agreement period will extend from January 1, 2015 to December 31, 2017. 2. The total cost to the City for the services to be provided to the City and its employees by REACH under this Agreement shall be $1,85 per full time employee/inouth, and $1.25 per part time employee/month. While the number of persons employed by the City may fluctuate from time to time during the term of this Agreement, the City agrees the amount of compensation payable to REACH during the tern of the Agreement shall be based on the number of persons employed by the City at the beginning of the month invoiced for, The beginning employee count will be 970 F/T and 490 P/T, 3. The City will be invoiced on the first of each month for that month's installment. Cheeks will be made payable to RE, ACII Employee Assistance, Inc. and mailed to 650 N. Rose Drive, 4350, Placentia, CA 92870 - Attu.: Accounts Receivable. 4. The City will make payment within 30 days fiom the date of the receipt of the invoice from REACH Employee Assistance, Inc. 5. The City or REACH has the tight to cancel this contract at any time without cause by giving 60 days written notice to that effect. 6. REACH Employee Assistance, Inc. agrees to indenmify, defand, and hold harmless the City, its officers, employees, agents and representatives, fiom any and all claims, demands, purported 25A -23 liability, or consequential damages of any kind or nature arising out of or in connection with REACHs acts or omissions in carrying out the terms of this Agreement or exercising the rights herein granted; excepting those chums, demands, purported liability, or consequential damages which arise out of the sole negligence of City. REACH agrees to maintain, during the course of this Agreement the following insurance coverage: a) Comprehensive general liability insurance coverage, including personal injury and contractual liability coverage, in an amount equal to One Million Dollars ($1,000,000.00) per occurrence, combined single limit; b) Worker's Compensation insurance as required by State of California statutes; c) Professional liability insurance with a One Million Dollar ($1,000,000,00) limit, per occurrence. REACH agrees to keep such policy h1 force and effect for at least five (S) years from the date of completion of this Agreement. Also, the City of Santa Ana, its officers, agents and employees will be named as additional insured on the above referred comprehensive general liability coverage and REACH will provide an endorsement to that effect. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insured's provisions. Such insurance will be evidenced by certificate and issued by companies licensed to do business in California and acceptable to the City. Before REACH performs any work, it will furnish certificates of insurance and endorsements, as required by City, evidencing the aforementioned general liability, and professional liability insurance coverages on forms acceptable to the City which shall provide that the insurance in force not be canceled or modified without 30 days prior written notice to the City. 8. NO ASSIGNMENT. REACH shall not assign or transfer this Agreement or any rights hercumder without the prior written consent of the City and approval by the City's City Attorney, which may be withhold in the City's solo discretion. Any unauthorized assigned or transfer shall be null and void and shall constitute a material breach by REACH of its obligations under this Agreement. No assignment shall release the original ,parties or otherwise constitute a notation. 9. COMPLIANCE WITH LAWS. REACH shall comply with all Federal, State, County and City laws, ordinances, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof. 10. ATTORNEY FEES. If any action at law or in equity is brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to the relief to which such party may be entitled. 11. INTERPRETATION. 25A -24 (a) Applicable Law. This Agreement, and the rights and duties of the parties hereunder (both procedural and substantive), shall be governed by and construed according to the laws of the State of California, with venue in Orange County. (b) Entire Agreement. This Agreement, including any exhibits attached hereto, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation and agreements (written or oral). To the extent there is any conflict or inconsistency between the terms and provisions of this Agreement and the exhibits attached hereto, the terms and provisions of this Agreement shall govern the rights and obligations the parties hereto. (c) Written Amendment. This Agreement may only be changed by written amendment signed by REACH and the City Manager of the City or other authorized representative of the City, subject to any requisite authorization by the City Council, Any oral representations or modifications concerning this Agreement shall be of no force or effect. (d) Severabil�. If any provisions of this Agreement is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall. be deemed severed from this Agreement, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Agreement, (e) Oder of Precedence In case of conflict between the terms of this Agreement and the terms contained in any document attached as an exhibit or otherwise incorporated by reference, the terms of this Agreement shall strictly prevail. (f) Choice of Forma. The parties hereby agree that this Agreement is to be executed ill accordance with the applicable laws of the State of California, is entered into and is to be performed in the City of Santa. Ana and that all claims or controversies arising out of or related to performance under this Agreement shall be submitted to and resolved in a forum within the City of Santa Ana at a place to be determined by the rules of the forum. 12, TIME OF ESSENCE. Time is strictly of the essence of this Agreement and each and every covenant, term and provision hereof. 13. AUTHORITY OF REAC%I, REACH hereby represents and warrants to the City that REACH has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement, and its execution of this Agreement has been duly authorized. 14. INSURANCE. REACH shall, at its own expense, procure and maintain policies of insurance of the types turd in the amoruuts set forth in the Agreement to which this Addendum is attached for the duration of the Agreement, including any extensions hereto. The policies shall state that they afford primary coverage. Failure to maintain required insurance at all times shall constitute a default: and material breach. In such event, REACH. shall immediately notify City and cease all 25A -25 performance ruiner this Agreement until further directed by the City. In the absence of satisfactory insurance coverage, City may, at its option: (a) procure insurance with collection rights for premiums, attorney's fees and costs against REACH by way of set-off or recoupment from the sums due REACH, at City's option; (b) immediately terminate this Agreement; or (c) self insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorney's fees and costs, being collectible from REACH, by way of set -off or recoupment from any sums due REACH. 15, NOTICES. Any notice or demand to be given by one party to the other shall be given in writing and by personal delivery or prepaid first- class, registered or certified mail, addressed as follows. Notice simply to the City of Santa Ana or any other City department is not adequate notice. To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P,O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714- 647 -6956 Copies to: Executive Director of the Personnel Services Agency City of Santa Ana 20 Civic Center Plaza (M -24) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -6930 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -6515 If to REACH: REACH Employee Assistance, Inc. 101 East Lincoln Avenue, Suite 230 Anaheim, CA 92805 Attn.: Dr. Marcus Dayhoff Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed, upon receipt or upon expiration of three (3) business days from the date of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party. 16. TERMINATION FOR CONVENIENCE (Without Cause). The City or REACH may terminate this Agreement in whole or in part at any tinge, for any cause or without cause, upon sixty (60) calendar days' written notice to the other. If the Agreement is thus terminated by the City for 25A -26 reasons other than REACH's ffflu e to perform its obligations, the City shall pay REACH a prorated amount based on the services satisfactorily completed, and accepted prior to the effective date of termination, Such payment shall be REACH's exclusive remedy for termination without cause. 17. DEFAULT, In the event either party materially defaults in its obligations hereunder, the other party may declare a. default and terminate this Agreement by written notice to the defaulting party, The notice shall specify the basis for the effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the date of the notice. Termination for cause shall relieve the terminating party of further liability or responsibility under this Agreement, including the payment of money, except for payment of services satisfactorily and timely pen- formed prior to the service of the notice of termination, and except for reimbursement of (1) any payments made by the City for service not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining substitute performance. 18. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this Agreement, REACH agrees as follows: a. REACH shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin or mental or physical disability. REACH will ensure that applicants are employed and that employees are treated during employment, without regard to race, color, religion, sex, national origin or mental or physical disability. Such actions shall include, but not limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection training, including apprenticeship. REACH agrees to post in conspicuous places, available to all employees and applicants for employment, a notice setting forth provisions of this non- discrimination clause. b, REACH shall, in all solicitations and advertisements for employees placed by, or on behalf of REACH, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, or mental or physical disability. c. REACH shall, cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any work covered by this Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials. 10 25A -27 19. CONFLICT, REACH hereby represents, warrants and certifies that no member, officer or employee of REACH is a director, officer or employee of the City, or a member of any of its boards, commissions or committees, except to the extent permitted by law. (Signatures on Following Page) 11 25A -28 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and you first above written. ATTEST: Maria D. S uim /J Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: c Lisa S'torck Assistant City Attorney RECOMMENDED FOR APPROVAL: Edward Raya, Exirector Personnel Services Agency CITY OF SANTA ANA Dave Cavazos City Manager REACH Employee Assistance, Inc. fIf By:�l iz•.� Marcu. Dayhoff CEO & Clinical Direct /r 12 25A -29 25A -30 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2015 TITLE: AMEND AGREEMENT WITH CALIFORNIA PROFESSIONAL ENGINEERING TO INCREASE CONTINGENCY FOR LED STREETLIGHT IMPROVEMENTS PROJECT 15 -6002 (STRAT�GI PL OS. 6, 113, 1C, 1G) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 16' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Amend the agreement with California Professional Engineering to increase the contingency for construction of the LED Streetlight Improvements by $30,000, which increases the total contingency amount to $50,000 and the total agreement amount to $528,020. DISCUSSION On May 19, 2015, a contract was awarded to California Professional Engineering in the amount of $498,020 to rewire the remaining high - voltage circuits and install Light- emitting Diode (LED) post top lamps on streetlights located in the North Park District (Exhibit 1). Construction projects are generally assigned a 10 percent contingency. However, at the time of award, the agreement contained only a 4 percent contingency of $20,000, due to funding availability in the streetlight maintenance budget. Even for a relatively small project, the underground nature of this type of work sometimes warrants up to a 20 percent contingency. The initial contingency budget for this project has already been expended. During construction, one of the streetlight circuits was discovered to be separately connected. To provide a complete metered and controlled streetlight system, the circuits had to be interconnected and powered by the same power source. Also, new conduit, wiring, and a streetlight were needed within the project area for the Roost Development. It was determined to be more cost - efficient to complete this as part of the LED Streetlight Improvements project than by a separate contract. The Roost Development paid for their share of the work and the construction was completed under the California Professional Engineering agreement. Recent theft of wire from an adjacent circuit has damaged improvements that were already completed. This damage must be repaired and the wiring replaced to restore the power in those circuits. Also, additional locations have been identified in the North Park District where underground circuits are separately connected. Therefore, staff recommends amending the 2513-1 Increase Contingency for LED Streetlight Improvements September 15, 2015 Page 2 agreement with California Professional Engineering to increase the contingency by 6 percent ($30,000), for a total construction contingency of 10 percent (Exhibit 2). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard), and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans. FISCAL IMPACT Staff is recommending a contingency increase of $30,000 for the California Professional Engineering contract. Funds are budgeted and available for expenditure in Fiscal Year 2015/16 Streetlight Maintenance account (No. 01117630 - 66220) for Project 15 -6002. Executive Director Public Works Agency FM /EW G /KW APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency, Exhibit 1: Request for Council Action dated May 19, 2015 2: Proposed Amended Agreement 3: Cost Analysis 25B -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 19, 2016 TITLE: AGREEMENT WITH CALIFORNIA PROFESSIONAL ENGINEERING FOR LED STREETLIGHT IMPROVEMENTS {STRATEGIC PLAN NO. 6, 1C) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLYt APPROVED El As Recommended ❑ As Amended Q Ordinance on 1" Reading © Ordinance on 2d Reading ® Implementing Resolution Set Public Hearing For„,_, CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with California Professional Engineering, Inc., expiring on June 30, 2016, to rewire existing high - voltage streetlights and install LED post top fixtures in an amount not to exceed $498,020, subject to nonsubstantive changes approved by the City Manager and City Attorney. The recommended action will allow the City to continue and complete the work awarded in 2014 to California Professional Engineering, Inc., (CPE) for rewiring the last remaining high- voltage streetlight circuit in the City located in the North Park and North Residential circuits. The rewiring will modernize the system and upgrade the streetlights to energy efficient light- emitting diode (LED) lamps in existing historic streetlight posts. On June 17, 2014, the City Council awarded this same contract to California Professional Engineering, Inc„ the lowest bidder, in the amount of $512,450 (Exhibit 1). The City Council also approved two other related actions. One was an agreement to purchase streetlight lamps from Powerlux in the amount of $78,506, and the other was an agreement with Southern California Edison (SCE) for financing of up to $202,349 toward project construction (Exhibit 2). All three agreements were intended to run concurrently and be completed by March 31, 2015. This streetlight improvement project has two distinct phases. In the first phase, SCE is required to approve project plans after they are designed by CPE, and they must also energize the cabinets following installation of the new service points. The second phase is the actual rewiring of the circuits and installation of the streetlight lamps. Because SCE approvals took nearly 9 months, the contractor could only complete the service cabinet installations. SCE has since energized the cabinets, however, the contract expired before CPE could perform the re- wiring and streetlight lamp installation. EXHIBIT 1. 25B -3 Agreement with California Professional Engineering for LED Streetlight Improvements May 19, 2015 Page 2 Moving ahead with the second phase of project at this time is critical. The only remaining manufacturer of the incandescent lamps used in these historic streetlights has stopped production and there are already a few burnt -out lamps in the area. The City no longer has inventory in stock and there are no replacement lamps available anywhere. Adding to this problem is the very nature of high - voltage systems of this age. Installed in the early 1920s, these circuits are obsolete, making frequent lamp burn -outs a common occurrence. The high - voltage system is also susceptible to surges which could burn out all lights in a circuit. If such a surge were to occur, without replacement lamps, the City would be unable to restore streetlight service to the entire area. The contractor had already completed the first phase of the project and began conduit installation when the original contract expired. Proceeding with a new contract will allow for the immediate resumption of this project, ensuring continuous nighttime streetlights in this area of the City. Staff recommends awarding a replacement agreement to CPE in the amount of $478,020 for the balance of the work, with an expiration date of June 30, 2016, sufficient to guarantee completion of the project and allow for a maintenance and warranty period before contract termination. (See Exhibit 3.) Modernizing high - voltage circuits is complex and costly. Funding for the entire project is the same as originally approved by City Council. Preliminary SCE funding approval includes $183,919 in On -Bill Financing (OBF) and $18,430 in energy efficiency cash incentives; $408,607 is budgeted in the City's General Fund Street Lighting account, for an estimated total project cost of $610,956 (see Exhibit 4). The total project value delivered to date is $112,396. Using energy - efficient LED streetlights as planned will reduce the City's estimated annual energy consumption by over 67,000 kWh. At the end of the OBF payback period, this project is estimated to reduce General Fund energy costs by approximately $10,590 annually, STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard). ENVIRONMENTAL IMPACT A Categorical Exemption (ER- 2014 -26) has been filed for this project 25B -4 Agreement with California Professional Engineering for LED Streetlight Improvements May 19, 2015 Page 3 FISCAL IMPACT As approved by Council action on June 17, 2014, loan proceeds received through the SCE On -Bill Financing Program will be deposited into the SCE Energy Efficient Street Lighting revenue account (16217002 - 67384) and appropriated into the SCE Energy Efficient Street Lighting expenditure account (16217630-62300). Loan repayments are available in Account 01117630 - 62000. Funds for the balance of the project are available in Account 01117630 -66220 ($408,607 Approved FY 13 -14). Executive Director Public Works Agency FM:KW APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibits: 1. Agreement with California Professional Engineering 06/17/14 2. RFCA Agreement with CPE /Powerlux/SCE 06/17/14 3. Agreement with California Professional Engineering 05/19/15 4. Cost /Funding Analysis 25B -5 r FIRST AMENDMENT TO AGREEMENT FOR PROVISION OF ELECTRICAL CONTRACTING SERVICES THIS FIRST AMENDMENT TO AGREEMENT , made and entered into this 16th day of September, 2015, by California Professional Engineering, Inc., a California corporation (hereinafter "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The Contractor and the City entered into Agreement A- 2015 -090 dated May 19, 2015 (hereinafter "said Agreement") by which Contractor provided Electrical Contracting Services. B. In accordance with the terms and conditions of said agreement the parties wish to amend Section 2 Compensation to include additional contingency funds. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section II.A. COMPENSATION, shall be deleted in its entirety and replaced with the following: a. "The City agrees to pay, and Contractor agrees to accept as total payment for its services $478,020. The City has allocated an additional $50,000 contingency amount, to be expended only at the written direction of the Executive Director of Public Works or his designee for additional services required due to unforeseen circumstances. The total sum to be expended under this Agreement shall not exceed $528,020 during the term of this Agreement. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. Exhibit 2 25B -7 Page 1 of 2 r -oo IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: i Sando tat isant City Atto ey RECOMMENDED FOR APPROVAL: Fred Mousavipour Executive Director, Public Works Agency CITY OF SANTA ANA David Cavazos City Manager California Professional Engineering Van Nguyen President Tax ID# 95- 4837794 25B -9 Page 2 of 2 25B -10 Cost Analyses INCREASE CONTINGENCY FOR AGREEMENT WITH CALIFORNIA PROFESSIONAL ENGINEERING FOR LED STREETLIGHT IMPROVEMENTS Cost Analysis Approved 5/19/15 California Professional Engineeering Contract 5/19/15 $ 478,020 Contingency 5/19/15 $ 20,000 Total Project Cost $ 498,020 Cost Analysis RFCA 9/15/15 Total Contract Approved 5/19/15 $ 498,020 Increased Contingency FY 15 -16 $ 30,000 Total New Contract Amount $ 528,020 Exhibit 3 25B -11 25B -12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2015 TITLE: AGREEMENT BETWEEN THE CITY OF SANTA ANA AND RUPERT AKOUBIAN FOR THE SALE OF LAND AT 510 E. SECOND STREET (STRATEGIC PLAN NO. 3,3) cz, /n-C CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2n° Reading ❑ implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement between the City of Santa Ana and Rupert Akoubian, for the sale of real property located at 510 East Second Street for $40,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION In July 2015 the City became aware that the parking lot property at 506 East Second Street had been enclosed, and was being used by the Orange County Auto Parts business located at 515 East First Street. Although this property was acquired in 2010 by Mr. Akoubian, the former Redevelopment Agency continued to hold the deed on a small portion of the lot until it was transferred to the City in 2012. The City contacted Mr. Akoubian and offered to sell the 971 square foot remnant parcel located at 510 East Second Street (APN 398 - 491 -40) as it was no longer needed for public purposes. On July 29, 2015, the City received a letter from Mr. Akoubian expressing an interest in purchasing the property to expand his business and to provide increased safety for both customers and vendors. The agreed upon purchase price for this remnant parcel is $40,000. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 Economic Development, Objective #3 (Promote a solutions -based customer focus in all efforts to facilitate development and investment in the community). 25C -1 Agreement to Sell Property - 510 E. Second Street September 15, 2015 Page 2 FISCAL IMPACT Upon completion of the sale during the current Fiscal Year 2015 -16, funds in the amount of $40,000 will be deposited into the General Fund Miscellaneous Revenue, Sale of Land account no. (01102002- 57071). i Kelly Re -ders Executive Director Community Development Agency KR/TE /np Exhibit: 1. Land Sale Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez s Executive Director Finance and Management Services Agency 25C -2 AGREEMENT OF PURCHASE AND SALE ASSESSOR PARCEL NUMBER 398 - 491 -40 THIS AGREEMENT of Purchase and Sale ( "Agreement'), dated September 15, 2015, is entered into by and between the CITY OF SANTA ANA, a California charter city and municipal corporation ( "Seller ") and Rupen Akoubian, an individual ( "Buyer ") for the acquisition by Buyer of certain real property described below. RECITALS A. Seller owns certain real property commonly known as Orange County Assessor Parcel (APN) No. 398 - 491 -40, located at 51.0 East Second Street, in the City of Santa Ana, County of Orange, State of California, adjacent to the Orange County Auto Parts business located at 515 East First Street, Santa Ana, and a parking lot located at 506 East Second Street, Santa Ana, both of which are owned by Buyer. Buyer desires to purchase a fee interest in such real property owned by Seller as more particularly described and depicted in Exhibit "A ", attached hereto and made part hereof ( "Property ") and Seller desire to sell the Property. B. The Seller owned portion of the Property was retained when the Property was originally deeded to private ownership in 1989. A copy of the Grant Deed forAPN No. 398- 491-40, filed with the County of Orange as Document No, 8120378921, is attached hereto as Exhibit "B" and is incorporated herein by this reference. C. The Seller has reviewed its records and concluded that the Seller portion of the Property is not needed for public purposes. Seller has determined that the Property constitutes "exempt surplus land" as defined by Government Code section 54221 because the Property is smaller than the square footage size thresholds found in Government Code section 54221(e)(2), and not subject to such Government Code provisions per Government Code section 54222.3. E. The parties desire by this Agreement to provide the terms and conditions for the purchase and sale of the Property. AGREEMENT The parties therefore agree as follows: PURCHASE Buyer agrees to buy, and Seller agrees to sell and convey, the Property for the purchase price and upon the terms and conditions hereinafter set forth. 2. ESCROW Upon execution of this Agreement by all parties, the parties shall open an escrow ( "Escrow ") with FIRST AMERICAN TITLE ( "Escrow Holder ") at its offices located at4 First Exhibit 1 25C -3 American Way, Santa Ana, CA 92707, for the purpose of consummating the purchase and sale of the Property, as described herein. The date on which Escrow is opened with Escrow Holder shall be referred to as the "Effective Date." The parties shall execute and deliver to Escrow Holder such escrow instructions prepared by Escrow Holder, as may be required to consummate the transaction contemplated by this Agreement If there is any Inconsistency between such Instructions and this Agreement, this Agreement shall control unless the parties expressively agree in writing otherwise. The Escrow instructions shall Include the Following terms and conditions of sale: 2.1 Purchase Price The total purchase price for the Property shall be the sum of Forty- Thousand Dollars ($4.0,000.00) ( "Purchase Price "). (a) Escrow Deposifi Within five (5) days of the Effective Date, Buyer shall deposit FIVE THOUSAND) ($5,000) ( "Escrow Deposit") in cash with the Escrow Holder. Such Escrow Deposit shall be credited towards the Purchase Price paid to Seller as provided in this Agreement. (b) Closing Payment The Purchase Price, as adjusted by the application of the Escrow Deposit and bythe proration and credits specified herein, shall be paid by Buyer to Seller in cash at the Close of Escrow (the amount to be paid under this Section 2.1(b) being herein called the "Closing Payment"). (c) Independent Consideration Escrow Holder shall pay a portion of the Escrow Deposit in the amount of One- Hundred Dollars ($100.00) (the "Independent Consideration ") to Seller upon the earlier to occur of the Close of Escrow (as defined below) or the termination of this Agreement for any reason. The Independent Consideration constitutes bargained -for consideration for this Agreement and Buyer's rights under Section. 2,6(d) and is expressly acknowledged to be adequate. The obligation of Buyer to pay the Independent Consideration to Escrow Holder, and the obligation of Escrow Holder to pay the same to Seller, are unconditional and shall survive any termination of this Agreement. 2.2 Close of Escrow If Buyer does not exercise Its right to terminate this Agreement under Section 2.6(d) prior to the expiration of the Due Diligence Period (as defined below), then Escrow shall close on the fifth (5th) business day following the expiration of the Due Diligence Period (the "Close of Escrow "). If Escrow is not in a condition to close by Close of Escrow, Escrow shall be closed as soon as passible thereafter. 2.3 Condition of Title to Property Seller shall cause the conveyance of title to the Property to Buyer as evidenced by a Binder of Title Insurance ( "Title Policy ") issued by FIRST AMERICAN TITLE (the "Title Company ") In an amount equal to the Purchase Price. The Title Policy shall show as exceptions with respect to the Property only matters approved in writing by 25C -4 Buyer, which approval shall be delivered in writing by Buyer to Seller prior to the expiration of the Due Diligence Period. Buyer shall in addition have approved in writing the legal description of the Property to be set forth in the Title Policy priorto the expiration ofthe Due Diligence Period. 2.4 Escrow and Closing Costs Buyer shall pay the cost of the Title Policy, the Escrow Fees and all documentary transfer fees and recording fees, as may be applicable, and all other costs and expenses incurred related to the purchase of the Property by Buyer. If applicable, Buyer shall also pay for the appraisal cost of the Property (collectively, "Closing Costs "). Seller shall pay all other costs and expenses incurred by Seller related to the sale of the Property. 2.5 Deposit of Funds and Documents (a) Priorto Close of Escrow, Buyer shall deposit into Escrow (1) the Escrow Deposit, (ii) all escrow and Closing Costs as described above; (iii) the Closing Payment; (iv) such other documentation as is necessary to close Escrow; provided, however, that Buyer shall not be required to deposit the Closing Payment until Buyer has been notified by Escrow Holder that (1) Seller has delivered to Escrow Holder each of the documents and instruments to be delivered by Seller in connection with the sale of the Property, (ii) Title Company is irrevocably and unconditionally committed to issue and deliver the Title Policy, and (ifi) the only impediment to Close of Escrow is delivery of such amount by or on behalf of Buyer. (b) Prior to the Close of Escrow, Seller shall deposit into Escrow (i) the properly executed grant deed for conveyance of the Property to Buyer; (ii) a duly executed bill of sale, assignment and assumption agreement from Sellerwith respectto the tangible and intangible personal property included In the Property; and (ill) such other documents and sums, If any, as are necessary to close Escrow in conformance herewith. 2.6 Bier's Conditions Precedent to Close of Escrow The obligation of Buyer to purchase the Property as contemplated by this Agreement and the Close of Escrow is subject to satisfaction of each of the following conditions: (a) All representations and warranties of Seller set forth in this Agreement shall be true and correct as of the date of the Close of Escrow; (b) Seller shall timely perform all obligations required bythe terms of this Agreement to be performed by it; (c) The irrevocable and unconditional written agreement of Title Company to record the grant deed at the Close of Escrow and to Issue to Buyer the Title Policy effective as of the date and time the deed is recorded; 3 25C -5 (d) Buyers hall have until 5:00 p,m. (Pacific time) on, October 15, 2015 (the period beginning on the date hereof and ending on such date being herein called the "Due Diligence Period ") within which to perform and complete all of Buyer's due diligence examinations, reviews and inspections of all matters pertaining to the Property, Including all leases and service contracts, all physical, environmental and compliance matters and conditions respecting the Property ( "Due Diligence Investigations "), During the terrn of this Agreement, Seller shall provide Buyer with reasonable access to the Property, as further set forth below, and to its files relating to the Property upon advance notice. At any time on or before the last day of the Due Diligence Period, Buyer may, in its absolute and sole discretion, for any reason or no reason, give written notice (the "Termination Notice ") to Seller electing to terminate this Agreement, whereupon a condition to Buyer's obligation to close shall not be satisfied and this Agreement, and the obligations of the parties hereunder, shall terminate (other than those obligations that expressly survive a termination of this Agreement). If Buyer fails to deliver the Termination Notice to Seller prior to the expiration of the Due Diligence Period, then Buyer shall have no further right to terminate this Agreement pursuant to this Section 2,6(d). 2.7 Seller Conditions Precedent to Close of Escrow For the benefit of Seller, the Close of Escrow shall be conditioned upon the timely performance by Buyer of all obligations required by the terms of this Agreement. 2.8 License to Enter Property During Due Diligence Period Seller licenses the Buyer and its contractors to enter the Property for the purpose of undertaking the Due Diligence Investigations as the Buyer deems necessary and appropriate. The license given.in this Section 2.8 shall only be effective until the earlier of: (1) the Closing Date, (11) the termination of this Agreement, or (iii) the date of any Termination Notice provided hereunder. The Buyer shall conduct all Due Diligence Investigations during the Due Diligence Period at its sole cost and expense. The Buyer shall abide by any reasonable condition(s) of entry onto the Properly required by Seller, whether or not set forth in this Agreement. Any Due Diligence investigations by the Buyer shall not unreasonably disrupt any then - existing use or occupancy of the Property. (a) Limitations. The Buyer shall not conduct any intrusive or destructive testing of any portion of the Property, other then low volume soil samples, without Seller's prior written consent. Following the conduct of any Due Diligence investigations on the Property, the Buyer shall restore the Property to substantially its condition prior to the conduct of such Due Diligence Investigations, (b) Indemnity. Buyer agrees to indemnify, defend and hold the Seller, and its officers, employees and agents, harmless from and against all actual damages, judgments, costs, expenses and fees arising from or related to any act or omission of Buyer In performing Its Due Diligence Investigations under this Agreement (excluding discovery of any pre - existing conditions at the Property), 4. 25C -6 (c) Insurance. Prior to any entry upon the Property by or on behalf of Buyer, Buyer (at Buyer's sole cost and expense) shall provide Seller with a certificate of Buyer's liability insurance policy designating Seller as an additional insured, The foregoing certificate shall evidence that Buyer has obtained a policy or policies of comprehensive general liability and property damage insurance against loss, damage or Ilabllityfor injuryto or death of any person, or loss or damage to property occurring in or about the Property. Such insurance shall include comprehensive general liability coverage for bodily Injuryand property damage In the amount of at least $1,000,000.00 combined single limit, and shall include automobile liability coverage for bodily injury and property damage in the amount of at least $1,000,000.00 combined single limit, The foregoing policy or policies shall contain a provision that such policy or policies will not be cancelled, reduced in coverage, renewed or otherwise amended In any manner until at least thirty (30) days prior written notice has been given to Seller. Buyer shall see that Insurance coverage as provided in thls paragraph is maintained throughout the duration of Buyer's right of entry onto the Property. REPRESENTATIONS AND WARRANTIES OF PARTIES 3.1 Representation and Warranties of Seller Seller makes the following representations and warranties with respect to the Property, each of which shall survive Close of Escrow: (a) The execution and delivery of this Agreement by Seller, Seller's performance hereunder, and the consummation of the transaction contemplated herebywfli not constitute a violation of any order or decree or result in the breach of any contract or agreement to which Seller is at present a party or by which Seller is bound; and (b) To Seller's actual knowledge, no litigation and no governmental, administrative or regulatory act or proceeding regarding the environmental, health and safety aspects of the Property is pending, proposed or threatened; and (c) Seller will not enter into any agreements or undertake any new obligations prior to Close of Escrowwhich will in any way burden, encumber or otherwise affect the Property without the prior written consent of the Buyer; and (d) Seller, as a government agency, has not been subject to real property tax assessment on the property. Transfer of Title to buyer at the Close of Escrow will subject the Property to an assessment from the Orange County Office of the Assessor and shall be the obligation of the Buyer henceforth; and (e) Seller is aware of its obligation under California Health and Safety Code Section 25359.7 to disclose any knowledge which they may have regarding any release of Hazardous Substances (as defined by applicable federal, state and local statutes, rules and regulatlons)'upon or underthe Property. Sellerwarrants and represents to Buyer that Seller is not aware that any such Hazardous Substances have been generated, stored or disposed of upon or under the Property. 5 25C -7 3.2 Representations and Warranties of Buyer Buyer makes the following representations and warranties with respect to the Property, each of which shall survive Close of Escrow. (a) The execution and delivery of the Agreement by Buyer, Buyer's performance hereunder, and the consummation of the transaction contemplated hereby will not constitute a violation of any order or decree or result in the breach of any contract or agreement to which Buyer is at present a party or by which Buyer is bound; and (b) No other action by Buyer is requisite to the valid and binding execution, delivery and performance of this Agreement, except as otherwise expressly set forth herein. 4. ACKNOWLEDGEMENT OF FULL BENEFITS 4.1 By execution of this Agreement, Seller hereby acknowledge that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any claim for damages, interest, loss of goodwill, severance damages, or any other compensation or benefits otherthan as already expressly provided for in this Agreement, it being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property. 4.2 This Agreement arose out of Buyer's efforts to acquire the Property. This Agreement does not, and shall not be constructed to require Sellerto indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct improvements on said Property. 5. REMEDIES If Seller defaults under this Agreement, then Buyer may, as Buyer's sole and exclusive remedy under this Agreement by reason of such default, terminate the Escrow and receive a return of the Escrow Deposit (less the Independent Consideration) as full compensation and liquidated damages underand in connection with this Agreement, and in such event, Seller shall not be liable to Buyer for monetary damages except for full payment of said amount. If Buyer defaults under this Agreement, then Seller may, as Seller's sole and exclusive remedy under this Agreement by reason of such default, terminate the Escrow and the Escrow Deposit shall be delivered to Seller as full compensation and liquidated damages underand in connection with this Agreement, and in such event, Buyer shall not be liable to Seiler for monetary damages except for full payment of the amount of the Escrow Deposit due at the time of termination and forfeiture of said Escrow Deposit to the Seller. 25C -8 6. RIGHT OF POSSESSION Seller hereby grants Buyer and Its representatives, agents, consultants and contractors, physical and legal possession of the Property effective as of the Close of Escrow. 7. AS IS CONDITION Buyer shall rely solely and exclusively upon the results of its Due Diligence Investigations of the Propertywith regard to any physical condition or state of the Property, By completing the purchase of the Property following its Due Diligence Investigations, Buyer evidences its unconditional acceptance of the condition of the Property. Buyer acknowledges and agrees that Buyer is purchasing the Property on an "AS -IS," "WHERE - IS" basis. Buyer is not offering to purchase the property based on any representation by Seller or Seller's agent except those expressly set forth in Section 3 1. Buyer hereby acknowledges that the purchase of the Property is without warranties of any kind from Seller, expressed or implied, except as expressly set forth in Section 3.1, as to the condition of the Property or Its improvements, If any, including, without implied limitation, soils, access to the Property or to utilities, appliances, structure utility systems, roof, foundation, landscaping or any other component of the Property. Seiler does not warrant that the Property conform with anyordinances, including, without implied limitation, zoning or building ordinances. 8. MISCELLANEOUS 8.1 Notice Any notice to be given or other document or documents to be delivered to either party by the other hereundermay be delivered (a) in person, (b) byovernightcouder, (c) by facsimile or as a PDF or similar attachment to an email (provided that such facsimile oremail attachment shall be followed within one (1) business daybydeliveryof such notice pursuant to clause (a), (b) or (d)), or(d) by United States Mail in theState of California, duly registered or certified, with postage prepaid, and addressed as follows: Seller: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: Executive Director, CDA Buyer: Rupen Akoubian NAPA Auto Parts 515 E. First Street Santa Ana, CA 92701 7 25C -9 Any notice or other document sent by personal delivery, overnight courier or registered or certified mail as aforesaid shall be considered to have been effectively served or delivered on the day of actual delivery (whether accepted or refused) as evidenced by printed confirmation if by facsimile (provided that If any notice or other communication to be delivered by facsimile or email attachment as provided above cannot be transmitted because of a problem affecting the receiving party's facsimile machine or computer, the deadline for receiving such notice or other communication shall be extended through the next business day), as shown by the addressee's return receipt if by certified mail, and as confirmed by the courier service if by courier; provided, however, that if such actual delivery occurs after 5:00 p.m. (local time where received) or on a non - business day, then such notice or communication so made shall be deemed effective on the first business day after the day of actual delivery. 8.2 Time of Essence Time is of the essence with respect to each and every provision hereof. 8.3 Assignment Neither this Agreement, nor any interest herein, shall be assignable by any party without prior written consent of the other, non - assigning party hereto. 8.4 Governing Law All questions with respect to this Agreement, and rights and liabilities of the parties hereto, shall be governed by the laws of the State of California. Venue shall be in the County of Orange. 8.5 Inurement Subject to the restrictions against assignment as herein contained, this Agreement shall inure to the benefit of and shall be binding upon, the assigns, successors in interest, personal representatives, estates, heirs and legatees of each of the parties hereto. 8.6 Attorney Fees I n the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this Agreement or the breach thereof, the prevailing party shall be entitle to recover from the other party reasonable expenses, attorney fees and costs. 8.7 Entire Agreement The Agreement contains the entire Agreement of the Buyer parties hereto, and supersedes any priorwritten or oral agreements between them concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between the parties hereto, relating to the subject matter contained in this Agreement which are not fully expressed herein. 8 25C -10 8.8 Additional Documents All parties hereto agree to execute any and all additional documents and Instruments necessary to carry out the terms of this Agreement. 8.9 No Merger All warranties, representations, acknowledgements, releases, covenants and obligations contained in this Agreement shall survive delivery and recordation of the grant deed. 8,10 Authority to Execute Agreement The persons executing this Agreement and the instruments referenced herein on behalf of Buyer and Seller hereby represent and warrant that such persons have the right, power and authority to bind Buyer and Seller, respectively. 8.11 Counterparts This Agreement may be signed in counterpart or duplicate copies, and any signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes. [SIGNATURES ON NExT PAGE] 9 25C -11 SIGNATURE WAGE TO AGREEMENT OF PURCHASE AND SALE ASSESSOR PARCEL NUMBER. 398. 491.40 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. SELLER: CITY OF SANTA ANA, a California charter city and municipal corporation By: David Cavazos City Manager AT"T"EST: By: Maria Hulzar City Clerk BUYER: RUPEN AKOUBIAN, an individual By: Rupen Akoubian 10 25C -12 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY All right, title and interest of Seller in and to that certain real property located in the City of Santa Ana, Orange County, California, described as follows: PARCEL A: LOTS 5 AND 6 OF " JENNINGS & FOSTERS ADDITION TO SANTA ANA", AS SHOWN ON A MAP RECORDED IN BOOK 12, PAGE 75 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. PARCEL B: THAT PORTION OF THAT CERTAIN ALLEY, AS SHOWN ON A MAP OF "JENNINGS & FOSTERS ADDITION TO SANTA ANA" RECORDED IN BOOK 12, PAGE 75 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, AKJOINING LOTS 5 AND 6 OF SAID JENNIGS & FOSTERS ADDITION TO SANTA ANA, AS VACATED BY THAT CERTAIN RESOLUTION NO, 77 -26 OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, A CERTIFIED COPY OF WHICH WAS RECORDED FEBRUARY 28, 1977, IN BOOK 12086, PAGE 1808 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA AND RE- RECORDED APRIL 18, 1977, IN BOOK 12152, PAGE 1265 OF SAID OFFICIAL RECORDS, THAT LIES NORTHERLY OF THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID LOT 6 AND SOUTHERLY OF A LINE THAT IS PARALLEL WITH AND SOUTHERLY 30.00 FEET, MEASURED AT RIGHT ANGLES, FROM THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID LOT 6. APN 398- 4 -91 -40 together with all easements, rights -of -way, and appurtenances benefiting such land ( "Land"), and all improvements, structures and fixtures now or on the Close of Escrow located upon the Land. 11 25C -13 EXHIBIT "B" ORANGE COUNTY RECORDER DOCUMENT NO 8120378921 [attached behind this page] 12 25C -14 (Page 1 of 4) r When recorded, please mail this instrument and tax statements to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M -30 Santa Ana, California 92701 FREE RECORDING REQUESTED BY THE CITY OF SANTA ANA PER GOVERNMENT CODE SECTION 6103. APN: 398 - 491 -40 Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder NQ FEE IIIIIIIIIIIIIIIIIIIIIIIIIil11111111111111111111111IIIIIilllllllllllllllllll 2012000378921 3:50 pm 07103112 217 413 401 4 0.00 0.00 0.00 0.00 9.00 0.00 0.00 0.00 SPACE ABOVE THIS LINE FOR RECORDER'S QUITCLAIM DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City of Santa Ana as Successor Agency to the former Community Redevelopment Agency ( "Successor Agency "), does hereby remise, release and quitclaim to THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California, all rights, title and interest to the real property, including any fixtures and equipment appurtenant thereto, located in the City of Santa Ana, County of Orange, State of California. SEE LEGAL DESCRIPTION EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF CITY OF SANTA ANA AS SUCCESSOR AGENCY Dated: J i a" STATE OF CALIFORNIA COUNTYOF personally appeared By: Paul M. Walters } City Manager, City of Santa Ana }s5. } before me, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his /her /their authorized capacily(les), and that by his /her /their signsture(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: This area for official notarial seal 25C -15 Doourte:nt:2012000378921 Pagel of 4 (Page 2 of 4), Exhibit "A" Legal Description Parcel A: Lots 5 and 6 of "Jennings & Fosters addition to Santa Ana ", as shown on a map recorded in Book 12, Page 75 of Miscellaneous records of Los Angeles County, California. Parcel B: That portion of that certain alley, as shown on a map of "Jennings & Fosters addition to Santa Ana" recorded in Book 12, Page 75 of Miscellaneous records of Los Angeles County, California, adjoining Lots 5 and 6 of said Jennings & Fosters addition to Santa Ana, as vacated by that certain Resolution No. 77 -26 of the City Council of the City of Santa Ana, a certified copy of which was recorded February 28, 1977, in Book 12086, Page 1808 of Official Records of Orange County, California and re- recorded April 18, 1977, in Book 12152, Page 1265 of said Official Records, that lies Northerly of the Easterly prolongation of the Southerly line of said Lot 6 and Southerly of a line that is parallel with and Southerly 30.00 feet, measured at right angles, from the Easterly prolongation of the Northerly line of said Lot 6. APN:398- 491 -40 25C -16 Doc, nt:2012000378921 Paga:2 of 4 (Page 3 of 4), CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange SS. On July 3. 2012 before me, Date personally appeared Paul M. Walters who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. 7 L. J. CRTIZ I certify under PENALTY OF PERJURY under 7 Commlastbn r 1048-400 the laws of the State of California that the g •. Notary Public -California foregoing is true and correct. 3 Orange County M Comm. Ex IresMa $0, 20131 WITNESS my hand and official seal. Place Notary Seal Above - ^�M ature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to anotherdocument Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Paul M. Walters ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner -- ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ® Other: City Manager Signer is Representing: City of Santa Ana as Successor Agency 25C -17 Document:201200037a921 Page:3 of 4 (Page 4 of 4) ATTACHMENT TO DEED CERTIFICATE OF ACCEPTANCE Government Code Section 27281 This is to certify that the interest in real property conveyed by the Deed from the Grantor, to the City of Santa Ana, a charter city and municipal corporation, is hereby accepted by the undersigned officer or agent on behalf of the City of Santa Ana, pursuant to authority conferred by an adopted resolution of the City of Santa Ana, and the Grantee consents to recordation thereof by its duly authorized officer or agent. By: ( _ Date: Paul Walters City Manager AVI A - w -Trt:tiJ 25C -18 1).. nt:2012000378921 Page:4 of 4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2015 TITLE: AGREEMENT AMENDMENT WITH LINEAR SYSTEMS FOR POLICE DIGITAL IMAGING SYSTEM ENHANCEMENTS {STRATEGIC PLAN NO. 1, 3A} ./7, CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For e CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an amendment to our existing three - year agreement with Linear Systems for the Police Department's Digital Imaging Management System (DIMS) storage enhancements, in an amount not to exceed $36,400, for a total amended agreement not to exceed $126,400, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Police Department's Digital Imaging Management System (DIMS) was purchased in 2004 using Urban Area Security Initiative (UASI) funds and allows crime scene images to be captured and stored digitally. It currently houses nearly six - hundred thousand crime scene photographs and countless hours of crime scene video and audio footage. This system is a compulsory investigative tool that assists in the successful documentation of extensive crime scenes. The DIMS system used by the Police Department was developed by Linear, thereby making Linear a proprietary source for system maintenance and updates. The DIMS system is of paramount importance to criminal investigations and its maintenance, continued security, and storage redundancy is essential for the Forensic Services section. Due to dramatic increases in the size and quantity of digital evidence now being collected by the Police Department, the system is rapidly approaching its storage capacity. Staff recommends that the capacity of the system be increased. The cost for the system upgrade and the necessary data transfer process is $36,400. The Police Department has a three -year, $90,000 agreement, which expires June 30, 2017, with Linear Systems for maintenance and support of the DIMS system. The agreement amount will be revised to a total not to exceed $126,400. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #1 Community Safety, Objective #3, (Promote fiscal accountability to ensure financial responsibility at all levels of the organization), Strategy A (Continuously evaluate and assess fiscal aspect of service delivery to ensure that the Police Department provides programs and services ef{iQle�tly�nd effectively). Agreement Amendment with Linear Systems September 15, 2015 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #1 Community Safety, Objective #3, (Promote fiscal accountability to ensure financial responsibility at all levels of the organization), Strategy A (Continuously evaluate and assess fiscal aspect of service delivery to ensure that the Police Department provides programs and services efficiently and effectively). FISCAL IMPACT Funds are available in the Police Department's Criminal Activity - DOT contract services account (no. 02614455 62300). All $36,500 will be spent during FY 2015 -16. APPROVED AS TO FUNDS AND ACCOUNTS: Carlos Rojas Francisco Gutierrezz Chief of Police Executive Director Santa Ana Police Department Finance & Mgt. Services Agency 25D -2 FIRST AMENDMENT TO THE MAINTENANCE AND SUPPORT AGREEMENT THIS FIRST AMENDMENT TO THE MAINTENANCE AND SUPPORT AGREEMENT is entered into on September_, 2015 by and between Linear Systems ( "Contractor ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS: A. The parties entered into an Agreement #A -2014 -237, dated October 7, 2014, (hereinafter "said Agreement ") by which Contractor agreed to provide maintenance and support necessary for the Police Department's digital imaging management system (DIMS) which maintains all photograph, video and audio evidence for the Police Department. B. The Police Department has reached near maximum storage capacity for its DIMS system and now needs additional storage capacity, new servers to provide this additional storage capacity, installation, integration, calibration, testing and duality control services for the additional servers. C. In accordance with the terms and conditions of said Agreement, the parties wish to amend the original agreement to broaden the scope of the original agreement to provide for the purchase and installation of new servers for the DIMS system and to increase the compensation to pay for the additional hardware and services by $36,400 for a total amended agreement not to exceed $126,400. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the patties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be amended to reflect the purchase of additional servers, additional storage capacity, installation, integration, calibration, testing and quality control as outlined in the attached Exhibit `B." 2. Section 2.A, COMPENSATION, shall be amended to increase the compensation by $36,400 for a total amended agreement not to exceed $126,400. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect, /// 25D -3 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIAR. CARVALH0 City Attorney Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: Carlos Rojas Chief of Police CITY OF SANTA ANA DAVID CAVAZOS City Manager CONTRACTOR 25D -4 (Naive) (Title) Exhibit `B" 25D -5 Santa Ana Police DIMS Server Trade -in & Upgrade Eaninmcut Phdse Ouanilty unit Extended t200XRDIMS Database Case Management Decoding ImageServer Rackmoant 48,10T6 9 DIMS RAID 6 CMS 2U rack chassis w/ redundant -50OW power supplies 1 $13,500.00 $13,500.00 48,0Ti3 RAID 6 1 $0.00 $0.00 12.0'fB auto hot spare auto rebuild (48.OT5 total drive capacity 36.OTB usable) 1 $0.0) $0.00 6.OTB RAID certified server class high speed hard drives 1 $0.00 $0.00 RAID controller w/ write cache battery backup module 1 $0.00 $0.00 IOGb Ethernet NIC Intel 0 $995.00 $0.00 * ** Required: Cat 6a or Class F /Cat 7 cables & Fibre Channel to copper transceiver 0 $0.00 $0.00 DIMS Storage Solution O/S 1 $0.00 $0.00 DIMS Extended Dynamic Volume Allocution Array Module 1 $0.00 $0.00 Installation @ Linear 1 .$1,000.00 $1,000.00 " ** This is a hardware only upgrade using existing O/S & database I Dlgrlat ti »rmatlan tt( mragonjeretS Solr`_�ilina_ &eSex verPaNSgjceAreGive�`*'* w � ��'7: 'uxtefhR¢r/un�ntiY_eAwarkSNrQym NLS- 6t00XR DIMS Databnse Case Mmmg¢ment Decoding ImageSever Rackmount 48.0113 �ka8e'�I.... � Linear trade -in discount for old hardware (also includes Market Development Funds 2014) � n � *� DIMS RAID 6 OAS 2U rack chassis w/ redundant 50OW power supplies I $13,500.00 $13,500.00 48.016 RAID 6 1 $0.00 $0.00 12.OTB auto hot spare auto rebuild (48AT6 total drive capacity 36.OTB usable) 1 $0.00 $0.00 6.OTB RAID certified serverclass high speed Bard drives 1 $0100 $0.00 RAID controller w/ write cache battery backup module 1 $0.00 $0.00 tOGb Ethernet NIC Intel 0 $995.00 $0.00 * ** Required: Cat 6a or Class F /Cat 7 cables & Fibre Channel to copper transceiver - 0 $0.00 $0.00 DIMS FailSafemulti -user case management database (redundandin cored) I $5,0W.00 $5,000.00 DIMS Storage Solution O/S 1 $0.00 $0.00 .,.,..:..: D1NL5; Ea[ endedRynwvic. Ynlmne6111neattou .Aviry_MOdule:_,_:__ ____,_,_ - -- I - SO..00. -._ �.SOAO installation @Linear 1 $1,000.00 $1,000.00 * ** This is ahardware only upgrade using existing O/S & database .J ` 4Y DIVISION sl o. zl'rcar- scstum.unn 200XR DIMS Database Case Management Decoding ImageServer Rackmount 48.016 arvsom It3e Pat Total DIMS RA [D 6 CMS 2U rack chassis w/ redundant 50OW power supplies - 1 $13,500.00 $13,500,00 48.OIB RAID 6 1 $0.00 $0.00 13.01`13 auto tat spare auto rebuild (48 -OTB total drive capacity 36.0'rB usable) 1 $0.00 $0.00 6.0113 RAID earn tied server class high speed hard drives 1 $0.00 $0.00 RAID controller w/ write cache battery backup module 1 $0.00 $0100 DIMS Storage Solution O/S 1 $0.00 $0.00 DIMS Extended Dynamic Volume Allocation Array Module 1 $0.00 $0.00 installation @ Linear 1 $1,00000 $1,00000 Installation, Integration, calibration, testing, & QC MaNdays onsite per day including travel Zone:71 (adjust as needed) 1 $1,000.00 $1,000.00 MaNdays multiple site onsite per day Zone N ( adult as needed) 0: IISOR00 $0,00 Supervised remote access software support & upgrades (Internet access required) 1 $0.00 $0.00 * *" Installation does not include offst e For Ac uisition Stations at area commands - - h „ v < a ,Sliw $49,500.00 Linear trade -in discount for old hardware (also includes Market Development Funds 2014) is I y500100) No Enrors& Omissions Coverage No $0.00 Subtotal $34,000.00 Sales Tax 8.00% $2.400.00 Shipping $0.00 $36,400.00 * ** New equipment will be shipped In advance for data transfer. * ** *'** This pricing is based on "Sole Source" procurement. IF this purchase requires a RFP, pricing will be higher. * ** Approximate $15,500.00 *'*Estimation or RFP costs (man days & contracts) add to cost (not sole source). * ** All listed capacities assume LOTS= 1,000,000,000,000 bytes. *** °•"* Systems will he covered under the exi0ing maintenance contract with the city. " *" Options * ** 3rd repository is highly recommended fur storrtge solo douse e•?4.Ifro. * ** Linear will charge additional fees if Clty /Cou1u)=5(vte levies fees for Busmoss License or sales tax, * ** Linear Systems if SYSTEMS LINEAR SYSTEMS Melissa Dutkevitclr Volitional]: 7122015 Rancho Cucamonga, CA wcassadarrear-evstemsco" Terns: N -30 909.899 -4345 T+ E - 909- 899 -4346 fax LANv NEORCEMCNT 11.1,w1: Johnny Flentsch Ship Via: Track GSA 9: GS- 35F- 05471: .J ` 4Y DIVISION sl o. zl'rcar- scstum.unn 25D -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2015 TITLE: CITY COUNCIL DONATION AGREEMENT WITH THE DELHI CENTER (STRATEGIC PLAN NO. 5,4) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: IG1:1:11C160:19 ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with the Delhi Center for a one -time donation amount of $500, subject to nonsubstantive changes approved by the City Manager and the City Attorney. DISCUSSION On August 4, 2015, City Council adopted Resolution 2015 -042 establishing a City Special Event Sponsorship Policy and Guidelines for Disbursement of Discretionary Funds. This resolution and policy outlines the eligibility criteria for neighborhood associations and eligible non - profit entities for consideration of City Council sponsorship. In accordance with this policy, each Councilmember is allowed to appropriate up to $10,000 per fiscal year to support eligible organizations, including neighborhood associations and non - profit organizations. Mayor Pro Tern Sarmiento recommends to appropriate $500 to the Delhi Center in response to their donation request (Exhibit 1). Upon approval of this item, a donation agreement (Exhibit 2) will be executed. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #4 (support neighborhood vitality and livability). 25E -1 Council Council Donation Agreement with the Delhi Center September 15, 2015 Page 2 FISCAL IMPACT Funds to support the City Council Sponsorship Policy are available in the fiscal year 2015 -16 Community Development Agency General Fund Neighborhood Initiatives account (01118820- 63001). The $500 will be spent from Mayor Pro Tem's appropriated amount for FY 2015 -2016. Kelly Ree, ders Executive Director Community Development Agency Exhibits: 1. Donation Request Form 2. Donation Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency 25E -2 City Mangoes Office - M-31 City of Santa Ana 20 Civic center Plaza Donation Request PO, Box lose Santa Ana, CA 92702 0 (714) 647-6200 [Alicia Rodriguez $06 F. Central Ave cny, state, zip: 1-ftnts Ana, CA Fallcia(Mclelhicentar.org Engagement Name: I Delhi Carter our organization a non-pmflt or public tax-exempt organization as S91act One. defined under Section 601(o)(3) of the Internal Revenue Code? Yes No If No, you will only qualify for a credit for City-related costs for your request (le. permit fees, it Yse, -- ° -____ staff time, rental rates for faalliffas or equIpmont, etc.). Coate for City setwees; vary and If approved, credit may or may not cover full cost of requested City services. Ax 96-2620952 !Donation Request Requested: Sarmlento City services lim—olt 0 �ate Needed., [n/a lAmount Is- nt Date: 12-3pm Requested; Time: at Am a �Dhssit me nt I lisWisS50( Evel 9/20/15 a Addras, CV, State, Z- -'--FDeIhI center, 606 E. Central Ave. Santa Ana, CA 92707 vent Locatiorr Description of Purpose: To Inspire, build, and sustain the neighborhood relatlonships that provide the foundation Event I Purpose: for civic action and the building of stronger, more caring and effective community, There will be activities for children, free food, SAPD Officers, community organizations, and music. 1 . To Improve the relationships among and between Delhi neighbors, 2. To Improve the relationships between Delhi Community as nofiv residents and local resources. 3. To Improve the perception of community safety in the Delhi Neighborhood, 4. To Incraus visibility of safety resources within the Dalhl community. 6, To continue to support the City of Santa Ana's crime proventloi strategy through the Deihl Neighborhood Watch. r AW. I Mail: city Manalloyk, Office -M•31 20 Civic Center Plaza Fax: (714) 047-119041 P.O. Box 1908 Santa Ana, CA 92702 Donation Request 0: j DR - Council Meeting Date: .... Eligibility Met . ..... : YES I NO 1 _._..... prvsd Amount: City Manager signature: Data: Revised 8126(2013 �-W 25E -4 CITY OF SANTA ANA DONATION AGREEMENT Page 1 of 4 CITY OF SANTA ANA DONATION AGREEMENT WITH THE DELHI CENTER 1. PARTIES AND DATE This Donation Agreement ( "Agreement ") is entered into on SEPTEMBER 15, 2015 by and between the City of Santa Ana, a municipal corporation ( "City ") and THE DELHI CENTER, a California 501(c)3 NON - PROFIT ORGANIZATION ( "Recipient "). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS 2.1 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient in IMPROVING RELATIONSHIPS, RESOURCES, AND COMMUNITY SAFETY IN THE DELHI NEIGHBORHOOD ( "Community Benefit "). The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding. 2.2 Public Purpose. The City believes there is a public purpose in supporting the Community Benefit because it will PROVIDE THE FOUNDATION FOR CIVIC ACTION AND FOR BUILDING COMMUNITY. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3. TERMS AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with FIVE HUNDRED DOLLARS ($500) for an event to be held on Sunday, September 20, 2015, because the City has determined that there is a public purpose to be served in supporting the Community Benefit. In executing this Agreement and receiving the funds, Recipient agrees to use the funds only for the purpose described and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use the funds for such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this Agreement and demand the return of the funds pursuant to Section 3.2 below. 3.2 Term; Termination of Agreement. This Agreement shall take effect on the date first above written and remain in effect unless and until terminated by the City. The City has the right to terminate this Agreement upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10 %) per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.3 Waivers, Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the funds will be used for a purpose which may cause a significant risk of injury, 181ffTd CITY OF SANTA ANA DONATION AGREEMENT Page 2 of 4 the City may, in its sole discretion, require Recipient to provide certain insurance and participant waiver /release protections. This right shall be on -going and may be implemented by the City at any time, and all insurance and waiver /release forms shall be provided on forms, in amounts and with provisions acceptable to City. 3.4 No Oversight it by City. Nothing in this Agreement shall be implied or interpreted as City establishing or providing oversight, control or approval of the Community Benefit or any activities conducted by the Recipient. 3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient shall assume all risks associated with the Community Benefit, including, but not limited to, the possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and contractors, including the performance of the Community Benefit or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers, employees, agents, and /or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Recipient's obligation to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, employers, agents or volunteers. The indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.6 Entire Contract/Modification. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The terms and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. 3.7 Authority to Enter Agreement. The person executing below on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to conduct its business and to execute, deliver and perform this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. CITY OF SANTA ANA DONATION AGREEMENT Page 3 of 4 CITY OF SANTA ANA By: City Manager Attest: By: Clerk of the Council Approved as to Form: City Attorney EXHIBIT 2 25E -7 CITY OF SANTA ANA DONATION AGREEMENT Page 4 of 4 THE DELHI CENTER a 501(c)3 NON - PROFIT ORGANIZATION By: Signature Name Title K �;Vampa w » 0 r 0 CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2015 TITLE: CONDITIONAL USE PERMIT NO. 2015 -06 TO ALLOW A 50 -FOOT HIGH WIRELESS FACILITY FOR SPRINT PC$ AT 2116 WEST MONTE VISTA AVENUE — ALEXANDER LEW, APPLICANT (STRATEGIC PLAN NO, 3, 2) c , CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED 0 As Recommended [7 As Amended 0 Ordinance on 1 "� Reading Ordinance on 2"tl Reading [I Implementing Resolution Cl Set Public Hearing For CONTINUED TO Receive and file the staff report approving Conditional Use Permit No. 2015 -06 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on August 24, 2015 by a vote of 5 :0 (Gartner & Nalle absent), the Planning Commission adopted a resolution approving Conditional Use Permit No. 2015 -06 as conditioned to allow a 50 -foot high major wireless facility at 2116 West Monte Vista Avenue located in the Open Space (Q) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). Sprint PC$ is requesting approval of a conditional use permit for an existing major wireless facility that is disguised as a pine tree (mono- pine). The original conditional use permit that allowed for the Installation of the facility at the site has expired and the applicant was required to apply for a new conditional use permit. The applicant is also proposing to modify the existing 50- foot high monopine by upgrading existing antennas and related ancillary equipment. The project will remove and Install new service antenna panels on the monopine and enhance ancillary equipment within the existing $75 square foot enclosure. The facility is intended to provide increased cellular coverage and call capacity in this area of the City. No changes to the monopine structure, Its existing height of 50 feet, or current location are proposed as part of this project, New equipment for the wireless facility will be installed within the CMU wall enclosure that Is located on a 523 square foot lease area. The monopine and enclosure are proposed to remain In their current location, along the southwesterly portion of the overall site, near a sports field that is shared with Jerome Park. Full sized site plans are available for public viewing in the Clerk of the Council Office. 31A-1 Conditional Use Permit No, 2015 -05 September 15, 2015 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Coal No, 3 Economic Development, Objective No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and ,Zoning Ordinance policies). FISCAL IMPACT There is no fiscal impact associated with this action. assa,4AICP Executive Director Planning & Building Agency R :rb ft Reporw=P 2015.00 Monte Meta Wireleae Faollltym Exhibit: A, Planning Commission Staff Report 31A-2 111Ai1klUM AUGUST 24, 2015 TITLE: MEETING DATE: PUBLIC HEARING - FILED BY ALEXANDER LEW FOR CONDITIONAL USE PERMIT NO. 2015-06 TO ALLOW A 50 -FOOT HIGH WIRELESS FACILITY FOR SPRINT PCS AT 2116 WEST MONTE VISTA AVENUE {STRATEGIC PLAN NO. 3,21 Prepared by Ricardo Soto [U#111001 911941i}rETA13,,1101,11`l4y?;7 APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicants Request • Staff Recommendation CONTINUED TO Acting PI nning,, anager RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2015 -06 as conditioned. Request of Applicant Alexander Lew, representing Sprint PCS, is requesting approval of a 50 -foot high wireless facility disguised as a pine tree (monopine) at 2116 West Monte Vista Avenue. Major wireless communication facilities require approval of a conditional use permit pursuant to Section 41- 198.3(b) of the Santa Ana Municipal Code (SAMC). Project Location and Site Description The project is located on a 9.1 acre site located on the southern side of Monte Vista Avenue between Raitt and Sullivan Streets. The site is currently developed as an elementary school, Monte Vista Elementary, with the southernmost portion of the property functioning as a shared recreation area with the neighboring Jerome Park. Land uses surrounding the site include single - family residential to the north, multiple - family residential to the east, and open space to the south and west (Exhibits 1, 2 and 3). Project Description Sprint PCS is proposing to modify an existing 50 -foot high monopine by upgrading existing antennas and related ancillary equipment. The project will remove and Install new service antenna panels on the monopine and enhance ancillary equipment within the existing 375 square foot enclosure. The facility is intended to provide increased cellular coverage and call capacity in this area of the City. No changes to the monopine structure, its existing height of 50 feet, or current location are proposed as part of this project. New equipment for the wireless facility will be installed within the CMU wall enclosure that is located on a 523 square foot lease area. The monopine and enclosure are proposed to remain in their current location, along the southwesterly portion of the overall site, near a sports field that is shared with Jerome Park (Exhibits 4 and 5). EXHIBIT A 31A-3 Conditional Use Permit No. 2015 -06 August 24, 2015 Page 2 Project Background In February of 2004, Sprint PCS submitted plans to install the current wireless facility at Monte Vista Elementary. In January of 2005, Conditional Use Permit No. 2004 -29 was approved for the project. The conditional use permit allowed for the construction of the current monopine and equipment enclosure. The monopine was designed to mimic an evergreen tree and was located near an existing group of 20 -foot tall evergreen California Pepper and Bisbane Box trees. Additionally, two 24 -inch box Canary Island Pines were planted to screen the monopine, while materials used to construct the equipment enclosure were selected to match those found on the nearby concession stand building located in Jerome Park, ensuring architectural consistency with the existing structures near the site. In March of 2015, Sprint PCS, represented by Core Development Services, proposed to modify the existing monopine to replace obsolete antenna panels and equipment with antennas and equipment that reflect current technology. Staff review of the proposal revealed that Conditional Use Permit No. 2004 -29 that allowed for the establishment of the wireless facility on the site had expired. SAMC Section 41- 198.13 states that major wireless communication facilities shall be approved for a period not to exceed five years, although subsequent Federal legislative acts have required that such facilities be approved for a period not less than 10 years. As the current facility is more than 10 years old, the applicant was required to apply for a new conditional use permit in order to proceed with the proposed modifications and upgrades as required by the SAMC. After a review of the proposal, staff acknowledged that the submittal met all SAMC requirements for wireless facilities. General Plan and Zonina Consistenc The General Plan land use designation for the site is Institutional (INS), which allows for City facilities and institutions such as schools. Uses such as wireless facilities are consistent with this General Plan land use designation. The zoning for the site is Open Space (0). The Open Space zoning district allows for school buildings and facilities, public utilities, and quasi - public and service facilities. The proposed use is also consistent with the zoning designation. Project Analysis In July 1998, the City Council adopted Ordinance No, NS -2356, which established regulations for wireless communication facilities throughout the City. Major wireless communication facilities such as the Sprint PCS facility are required to have a stealth design and be located in an area that provides the greatest amount of visual screening. Further, these major facilities require the approval of a conditional use permit. Also, Section 41 -198.4 of the Santa Ana Municipal Code (SAMC) identifies several site improvements that may be required at sites with major wireless facilities. 31A-4 Conditional Use Permit No. 2015 -06 August 24, 2015 Page 3 These improvements include: 1, Landscaping around the base of the facility, including vines, groundcover and a 24 -inch box tree; 2. Decorative fencing (wrought iron or block) around the facility; 3. A six -foot high solid wall between the facility and property zoned or used for residential; 4. One parking space, if on -site parking is not available; 5, Repairing, repaving and restriping of a parking lot which is in poor condition; 6. The repainting of buildings on a site; and, T The construction of a new trash enclosure. As part of the development project review portion of the project, staff identified and determined that improvements constructed as part of the previous conditional use permit approval remain in place and the site is in compliance with current code applicable requirements. These improvements reflect the requirement to screen the facility from view, to provide enhanced landscaping through the planting of trees, to provide screening for outdoor storage of materials, and to minimize the project's overall impacts on the surrounding community. Conditional use permits are governed by Section 41 -638 of the SAMC. Conditional use permits may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. • That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. 31A-5 Conditional Use Permit No. 2015 -06 August 24, 2015 Page 4 • The project will continue to provide a service or facility which will contribute to the community. The monopine currently provides a service to Santa Ana residents, businesses and motorists who subscribe to Sprint PCS's services by providing cellular coverage and providing additional calling and data capacity for its users in the central sector of Santa Ana. The issuance of a new conditional use permit for the existing wireless facility at this location will not be detrimental to persons residing, working, recreating, or attending school in the area as the proposed facility will be in compliance with Federal law that governs health related issues for wireless facilities, including safety regulations from the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA). The monopine, in conjunction with existing stealthing and screening, will be compatible with the surrounding area and will not adversely affect the economic viability in the area. The stealth appearance and existing site enhancements will maintain the economic stability of this neighborhood by providing an additional service for residents, workers, and school and park visitors. • The use will continue to comply with all provisions pertaining to the construction and installation of wireless facilities identified in Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. The proposed facility will be stealthed as a pine tree, will continue to be screened by a mature stand of trees, and will comply with other standards outlined in the SAMC. The monopine will not adversely affect the General Plan as cellular facilities that are designed to be compatible with the surrounding environment are consistent with the goals and objectives of the Land Use Element. Goal 1 promotes a balance of land uses to address community needs, which includes means of communication that will be served by the proposed monopine. In addition, Goals 3 and 5 require preservation of neighborhood character and integrity as well as mitigation of developments' impacts. The existing monopine is designed to minimize visual impact to the area by being disguised as a pine tree, utilizing an existing stand of mature trees to further conceal it, and by incorporating materials and the architectural design of nearby buildings into the design of the equipment enclosure. Further, Policy 2.2 encourages land uses that accommodate the City's needs for services. Improving a cell phone provider's bandwidth and coverage in the area enhances services that are readily available for workers, visitors, and residents in the immediate vicinity. 31A-6 Conditional Use Permit No. 2015 -06 August 24, 2015 Page 5 A facility disguised as a pine tree, screened by an existing stand of trees, and that incorporates building materials and architecture of nearby buildings into the equipment enclosure design, provides the best stealth possible for this location. The facility is located within an open space district and is located on the southwestern portion of the site, between an existing stand of trees. Moreover, the pine tree design blends into the area and is designed to allow for future co- location by another provider. All associated wiring and conduit for the facility are underground or hidden within the interior of the monopole. This location is also optimal to provide the coverage necessary for existing and expanding service. The proposed cellular antennas will provide a benefit to Santa Ana residents, businesses and motorists who subscribe to Sprint PCS by closing service gaps and providing enhanced cellular service in the area. Equipment for the facility will continue to be located within an existing enclosure that assists in screening the wireless facility on the site. The existing wireless facility complies with the City's Wireless Communications Facility Ordinance and will provide needed service to this area of the City. Further, the project is consistent with the goals and objectives of the General Plan that safeguard residents and workers in the area while encouraging land uses that accommodate the City's needs for services. The project site is located within the boundaries of the Bella Vista Neighborhood Association. Staff contacted the president of the association, who identified no concerns with this project. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and notices were sent to all property owners and occupants within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The project is exempt from further review pursuant to Section 15301. This Class 1 exemption consists of the operation, repair, maintenance, or minor alteration of existing public or private structures, facilities, or mechanical equipment involving negligible or no expansion of use. The wireless facility is an existing monopine and equipment area that has been found by the City's development review agencies to not create any adverse impacts such as noise, traffic, or safety concerns. As a result, Categorical Exemption Environmental Review No, 2015 -18 will be filed for this project. 31A-7 Conditional Use Permit No. 2015 -06 August 24, 2015 Page 6 Strategic Plan ,Alignment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No, 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2015 -06 as conditioned. Ricardo Soto Assistant Planner I RS:jm IRS: Heports\CLP 2015 -05 Monte Vista Wireless Faclllty.pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Elevations 31A-8 II ul 1 Al GDdE2ALAGYPMMEAL} ON CWME ALFaiDWRAL -B RAONGMCDIRCATON Gc GUVII8 MB T03•, GEM COMMEFUALSOUTH MAIN MI LIGHTINDUSMAL Ct COMMUNITYODMMETa:IAL M2 NEAVYINDUSIRAL C, -MD COMM. COMMMAUMUSWM DISTRCT MO MIUTARYOPERATONS C2 GENEIALMMMPOAL 0 OrEN RACE C3 04TRALMANES P PdJFE'MONAL 03•A CFNiRALP.USNM,ARTSTMLLAGE FCD RANNELMCOMMUNIWDE OPMIN, C4 PANNEDSiOPPNGM1FR PFD PLANNED REIDENTAL DEYS.OPMI?JT C5 ARRAALOOMMEFUAL _uu n], as L2...._� 4 -!L JRi R, R, R, J ]RI Rl Ri •� R, RI .. � / y R7 �zr st• ft) O s al t al E a1 nY [ � � I AVE, • SNGLEFAMILY14NOWAL • VAOFAMILYFaEUCE • MULTP.EDONSTYMULTP.E FAMILYE MCE Ra 315UIVANARAMMENM FE "DDNTALESEATE ED smRCDEVaOPMEN1 5' S�WRGRAN CUP 2015 -06 SPRINT PCS MONOPINE 2116 WEST MONTE VISTA AVENUE __ - =500 FEET 1'- 1000FEET e P L A N N I N G A N 0 B U I L 0 1 N G A G E N C Y VICINITY MAP EXHIBIT 1 31A-9 CUP 2015 -06 SPRINT PCS MONOPINE 2116 WEST MONTE VISTA AVENUE P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT2 31A -10 v V Z U Z n � z r O a COMMUNITY 17 _ F CUP 2015 -06 SPRINT PCS MONOPINE 2116 WEST MONTE VISTA AVENUE P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT2 31A -10 V Z Z w � r _ F CUP 2015 -06 SPRINT PCS MONOPINE 2116 WEST MONTE VISTA AVENUE P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT2 31A -10 CUP 2015 -06 SPRINT PCS MONOPINE 2116 WEST MONTE VISTA AVENUE SITE PHOTO EXHIBIT 3 31A-1 1 CL 12"o, Ul ----- - ----- MP N [i, lmw- FE G- lie I. --77- -i 73- L N -i EXHIBIT 4 31A-12 EXHIBIT 5 31A -13 i. ALL (N) ANTENNAS VIC EOuIPAIENI 9004ET: YO ME () V"OPINE WALL EE C0<0D P! PINE KOLE SCCkS- 2 ALL {N) ANIENWIs XNII EOUIPkI MOUVIED TO me (E} NONOMW PIl2 tiE t.E I E: OCkS I t' (C) SPLAN RELO UW sr NWD (AEYONp) 0 k 5PH1!?1' 4il1Gl'IWE I�= P.O. (I) SYxiVf' PulCi. burf."NAS _., cAp CENTPf+ OP (N) ':A'RINI' PANEL, p!fIEN`Vy LS7 r +-rSPOINT EIEX d -n' ra.l) 1i 3+Jq.• .. IN) PA14EL 9 ! ANTENNAS mbuum TO (E) + (t PIPE WWIIT. 2 PER JECTRN i II '' iTOmL -63 (E) 'g "wa' 50' -O' MICH NONOPIkE ------------- °^- ---^ -- ROWS WORMER M1 TO (9) PIPE 3 PM v. TO (E) PIPE MOUtIT. 3 PEW SECTOR (TRWE°rt) T ( x _ sdI )r ti (i 5TPLx.7URE TrTCGTi Y F1E'V !1-- 4 fyr! ( �ir �r TO. PMISHEO ? Al JS RO4"C _ .L._.._._.._.�T.�..:_.�e. `� --- (E)'SPRItIr CWJ WALL ECUIPUENT ENCIUMUNE WPM W /Wean MANED MLE Poor —(E) CWIN UNK OWE �T— MW CC�I���y� SOUTH ff�WAL SOUTH ELEVATION xtn' -r -V o r v x i EXHIBIT 5 31A -13 RS 8.24.15 RESOLUTION NO. 2015 -28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2015 -06 AS CONDITIONED FOR THE PROPERTY LOCATED AT 2116 WEST MONTE VISTA AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Conditional Use Permit No. 2015 -06 to allow a 50 foot high major wireless facility at the property located at 2116 West Monte Vista Avenue. B. Santa Ana Municipal Code Section 41- 198.3(b) requires approval of a conditional use permit for the installation of major wireless facilities. C. On August 24, 2015, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2015 -06. D. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC) Section 41 -638, have been established for Conditional Use Permit No. 2015 -06 to allow for a major wireless facility: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The project will continue to provide a service or facility which will contribute to the community. The monopine currently provides a service to Santa Ana residents, businesses and motorists who subscribe to Sprint PCS's services by providing cellular coverage and providing additional calling and data capacity for its users in the central sector of Santa Ana. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. Resolution No. 2015 -28 Page 1 of 7 31A -14 The issuance of a new conditional use permit for the existing wireless facility at this location will not be detrimental to persons residing, working, recreating, or attending school in the area as the proposed facility will be in compliance with Federal law that governs health related issues for wireless facilities, including safety regulations from the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA). 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The monopine, in conjunction with existing stealthing and screening, will be compatible with the surrounding area and will not adversely affect the economic viability in the area. The stealth appearance and existing site enhancements will maintain the economic stability of this neighborhood by providing an additional service for residents, workers, and school and park visitors. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The use will continue to comply with all provisions pertaining to the construction and installation of wireless facilities identified in Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. The proposed facility will be stealthed as a pine tree, will continue to be screened by a mature stand of trees, and will comply with other standards outlined in the SAMC. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The monopine will not adversely affect the General Plan as cellular facilities that are designed to be compatible with the surrounding environment are consistent with the goals and objectives of the Land Use Element. Goal 1 promotes a balance of land uses to address community needs, which includes means of communication that will be served by the proposed monopine. In addition, Goals 3 and 5 require preservation of neighborhood character and integrity as well as mitigation of developments' impacts. The existing monopine is designed to minimize visual impact to the area by being disguised as a pine tree, utilizing an existing stand Resolution No. 2015 -28 Page 2 of 7 31A-15 of mature trees to further conceal it, and by incorporating materials and the architectural design of nearby buildings into the design of the equipment enclosure. Further, Policy 2.2 encourages land uses that accommodate the City's needs for services. Improving a cell phone provider's bandwidth and coverage in the area enhances services that are readily available for workers, visitors, and residents in the immediate vicinity. E. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15301. The Class 1 exemption allows the operation, repair, maintenance, permitting, leasing, licensing or minor alteration of existing structures involving negligible or no expansion of the existing use. The proposed application is to approve a conditional use permit to allow a major wireless facility that is already served by municipal services, such as roadways, utilities, and parking. Categorical Exemption Environmental Review No. 2015 -18 will be filed for this project. Section 2. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the negligence of the City of Santa Ana. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2015 -06 as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 2116 West Monte Vista Avenue. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated August 24, 2015, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 24th day of August, 2015. AYES: Commissioners: Alderete, Bacerra, Bauer, Mill, Verino (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Gartner, Nalle (2) ABSTENTIONS: Commissioners: None (0) Resolution No. 2015 -28 Page 3 of 7 31A -16 James Gartner Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -28 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on August 24, 2015. Date: Planning Commission Secretary City of Santa Ana 31A -17 Resolution No. 2015 -28 Page 4 of 7 Wall-411111 Conditions of Approval for Conditional Use Permit No. 2015 -06 Conditional Use Permit No. 2015 -06 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this approval. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. The applicant must comply with all conditions and requirements of the Development Review Committee for the development project (DP No. 2015 -09). 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The monopine shall be maintained as per approved plans and any existing landscaping shall be protected in place during the construction period for the 50 -foot high wireless facility. 4. The proposed monopole shall be maintained per the following specifications: a. The monopine facility should have 3.1 branches per foot for full density coverage with limited spacing between the branches; 70 percent of the branches should be eight feet or longer: b. Branch disbursement should be random so that longer branches and shorter branches are intermingled to give a natural appearance. c. Branches should exceed all antennas by a minimum of 12 inches d. Branches should start at 15 feet above the ground. Resolution No. 2015 -28 Page 5 of 7 31A -18 e. There should be a minimum space of seven feet between the top of the antenna and the top of the branches. f. Branches should have a sweep similar to that of an actual Pine Tree. g. Branch foliage color should be an olive or forest green with some other appropriate coloring to match an actual Pine Tree. A sample shall be submitted for approval prior to fabrication. h. Full bark cladding with a custom color should be submitted for approval prior to fabrication. i. All antennas shall be covered with "antenna socks" that match the approved foliage color. j. All "stand -off mounts" and support pipe mounts shall be concealed behind antennas and painted a darker shade or green (or black) with a "flat" paint finish to reduce reflection and visibility of the mounting. k. Show the location of the GPS antenna on all elevations. 1. Provide a "unistrut" detail for the utility cabinet; an "H- frame" is not acceptable. m. Provide a note on the plans stating "install underground utilities sleeving for two carriers during construction of the structure ". Shrouds on the outside of the pole are not acceptable. n. All exterior conduit and electrical meters shall be installed and screened in one metal enclosure painted to match the structure. 5. The permit applicant shall provide a 24 -hour phone number to which interference problems may be reported. This condition will also apply to all existing facilities in the City of Santa Ana. 6. The permit applicant will provide a "single point of contact" in its Engineering and Maintenance Departments to insure continuity on all interference issues. The name, telephone number, fax number and e-mail address of that person shall be provided to the City's designated representative upon activation of the facility. 7. The permit applicant shall insure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of permit applicant to comply. Resolution No. 2015 -25 Page 6 of 7 31A -19 Est a 10 The permit applicant shall provide a coverage and cell site location map for each existing and proposed facility in Santa Ana. Locate all equipment and related appurtenances (appleton plug and electric meter) on the inside of the existing equipment enclosure or inside the building and underground all electrical power from the utility source shown on the approved site plan. Conditional Use Permit No. 2015 -06 expires 10 years from the date of City Council approval. 31A-20 Resolution No. 2015 -28 Page 7 of 7 REQUEST FOR COUNCIL ACTION RERM CITY COUNCIL MEETING DATE SEPTEMBER 16, 2015 TITLE: CONDITIONAL USE PERMIT NO. 2016-16 TO ALLOW A 60 -FOOT HIGH WIRELESS FACILITY FOR VERIZON WIRELESS AT 1200 NORTH TUSTIN AVENUE — CORE DEVELOPMENT SERVICES, APPLICANT (STRATEGIC PLAN NO. 3, 2 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: `. M e 0 As Recommended As Amended 0 Ordinance on 1" Reading 0 Ordinance on 20' Reading 0 implementing Resolution CC] Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2015 -16 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on August 24; 2015 by a vote of 5 :0 (Gartner &'Nalle absent), the Planning Commission adopted a resolution approving Conditional Use Permit No. 2015 -16 as conditioned to allow a 60 -foot high major wireless facility at 1200 North Tustin Avenue located in the Professional (P) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). DISCUSSION Verizon Wireless is proposing to construct a 60 -foot high wireless facility disguised as a eucalyptus tree (mono - eucalyptus). This facility is intended to provide increased cellular coverage and call capacity in this area of the City. To give the facility the appearance of a natural tree, the tower will be designed to have branches that will extend seven feet above the antennas to a maximum height of 60 feet. Equipment for the wireless facility will be installed within a 16- foot by 10 -foot enclosure with eight foot high block walls and vinyl shake siding that matches the siding used on the existing building on the slte. The mono - eucalyptus and equipment enclosure will be located at the center of the site along the north elevation of the existing building. Four 36- inch box eucalyptus trues will be Installed to assist with the stealthing of the mono - eucalyptus, with vines planted along the block walls of the equipment enclosure to further screen the facility. The proposed wireless facility will have three sectors containing four panel antennas per sector, 12 remote radio units, two surge protection units and one microwave antenna mounted to the mono - eucalyptus, and all ancillary equipment and one DC generator will be installed within the proposed enclosure. Full sized site plans are available for public viewing In the Clerk of the Council Office, 31 B -1 Conditional Use Permit No, 2015-16 September 15, 2015 Page 2 JJRAJEg1g P6AN Approval of this Item supports the City's efforts to meet Coal No. 3 Economic Development, Objective No, 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies), FISCAL. IMPACT `there is no fiscal impact associated with this action. ✓Hassan Haghani,`AICP Executive Director Planning & Building Agency RS: rb R &Reports \QUP 201640%12 00 North Tustin Ava, Verizan Wireless Monaauaalyplua.oa Exhibit: A. Planning Commission Staff Report 31 B -2 R.. F r •' • '.. 1,' • i •i PLANNING COMMISSION MEETING DATE: AUGUST 24, 2015 TITLE: PUBLIC HEARING - FILED BY CORE DEVELOPMENT SERVICES FOR CONDITIONAL USE PERMIT NO. 2015 -16 TO ALLOW A 60 -FOOT HIGH WIRELESS FACILITY FOR VERIZON WIRELESS AT 1200 NORTH TUSTIN AVENUE (STRATEGIC PLAN NO. 3,2) Prepared by Ricardo Soto — ---- -- -- __._.._xecu e Director APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Nearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Acting Planning Manager RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2015 -16 as conditioned. Request of Applicant Core Development Services, representing Verizon Wireless, is requesting approval of a 60 -foot high major wireless facility disguised as a eucalyptus tree (mono - eucalyptus) at 1200 North Tustin Avenue. Major wireless communication facilities require approval of a conditional use permit pursuant to Section 41- 198.3(b) of the Santa Ana Municipal Code (SAMC). Project Location and Site Description The project is proposed to be constructed on a 2.72 -acre parcel of land located on the northwest corner of Tustin and Wellington Avenues, The site is currently developed with a two story office building occupied with a mixture of professional and medical office uses. Land uses surrounding the site include multiple- family residential and commercial uses to the north, medical uses to the south and east, and professional office uses to the west (Exhibits 1, 2 and 3). Project Description Verizon Wireless is proposing to construct a 60 -foot high wireless facility disguised as a eucalyptus tree (mono - eucalyptus). This facility is intended to provide increased cellular coverage and call capacity in this area of the City. To give the facility the appearance of a natural tree, the tower will be designed to have branches that will extend seven feet above the antennas to a maximum height of 60 feet. Equipment for the wireless facility will be installed within a 16 -foot by 10 -foot enclosure with eight foot high block walls and vinyl shake siding that matches the building. The mono - eucalyptus and equipment enclosure will be located at the center of the site along the north elevation of the existing building. Four 36 -inch box eucalyptus trees will be installed to the west of the facility to assist EXHIBIT A 31 B -3 Conditional Use Permit No. 2015 -16 August 24, 2015 Page 2 with the stealthing of the mono - eucalyptus, with vines planted along the block walls of the equipment enclosure to further screen the facility. The proposed wireless facility will have three sectors containing four panel antennas per sector, 12 remote radio units, two surge protection units and one microwave antenna mounted to the mono - eucalyptus, and all ancillary equipment and one DC generator will be installed within the proposed enclosure (Exhibits 4, 5 and 6). Proiect Background The site was developed with the existing two -story office building in 1976. Since then, the site has been occupied by a mixture of professional and medical office uses. In December of 2014, Core Development Services, representing Verizon Wireless, submitted plans to install a new wireless facility at this location. After a review of the proposal, staff acknowledged that the submittal met all SAMC requirements for wireless facilities. General Plan and Zoning Consistency The General Plan land use designation for the site is Professional and Administrative Office (PAO), which allows for professional and medical office uses. Uses such as wireless facilities are consistent with this General Plan land use designation. The zoning for the site is Professional (P). The Professional zoning district is a zone that also allows for professional and medical office uses. The proposed use is also consistent with the zoning designation. Protect Analysis In July 1998, the City Council adopted Ordinance No. NS -2356, which established regulations for wireless communication facilities throughout the City. Major wireless communication facilities such as the proposed Verizon Wireless facility are required to have a stealth design and be located in an area that provides the greatest amount of visual screening. Further, these major facilities require the approval of a conditional use permit. Also, Section 41 -198.4 of the SAMC identifies several site improvements that may be required at sites with major wireless facilities. These improvements include: 1. Landscaping around the base of the facility, including vines, groundcover and a 24 -inch box tree; 2. Decorative fencing (wrought iron or block) around the facility; 3. A six -foot high solid wall between the facility and property zoned or used for residential; 4. One parking space, if on -site parking is not available; 5, Repairing, repaving and restriping of a parking lot which is in poor condition; 6. The repainting of buildings on a site; and, 7. The construction of a new trash enclosure. 31 B -4 Conditional Use Permit No. 2015 -16 August 24, 2015 Page 3 As part of the development project review portion of the project, staff worked with the applicant to identify improvements to be required in tandem with the proposed mono - eucalyptus and equipment enclosure. These improvements reflect the requirement to screen the facility from view, to provide enhanced landscaping through the planting of new trees and vines, to deter graffiti through the planting and maintenance of landscaping materials, to screen equipment and materials by locating them within an enclosure with eight foot high block walls and vinyl shake siding that matches the building, and to minimize the project's overall impacts on the surrounding community. Conditional use permits are governed by Section 41 -638 of the SAMC. Conditional use permits may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. • That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. + That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. Section 41- 198.5(b) of the SAMC establishes site selection order of preference criteria for wireless facilities. These provisions require the exploration of various options before proposing a new major wireless facility. The applicant has explored alternatives to this major wireless facility, including providing a roof mounted facility on an existing building in the area and co- locating on another facility. Nearby buildings in the immediate area are not located in coverage gaps and/or are not of sufficient height (predominantly one and two -story) to provide coverage between existing wireless facilities. The project will provide a service or facility which will contribute to the community. The proposed mono - eucalyptus will provide a service to Santa Ana residents, businesses, and motorists who subscribe to Verizon Wireless services by reducing the gaps in cellular service and providing additional calling capacity for its users in the northeast sector of Santa Ana. 31 B -5 Conditional Use Permit No. 2015 -16 August 24, 2095 Page 4 • The proposed wireless facility at this location will not be detrimental to persons residing or working in the area as the proposed facility will be in compliance with Federal law that govern health related issues for wireless facilities, including safety regulations from the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA). Moreover, the nearest residential use is located over 300 linear feet from the site, further reducing any potential for impacts. The proposed mono - eucalyptus will be compatible with the surrounding area and will not adversely affect the economic viability in the area. The stealth appearance, four live eucalyptus trees, and site enhancements will maintain and increase the economic stability for this commercial corridor by providing an additional service for business owners, workers, and residents in the area. Further, the stealth appearance and the planting of live eucalyptus trees will help the site blend in with existing mature eucalyptus trees that line the site along Tustin Avenue. • The use will comply with all provisions pertaining to the construction and installation of wireless facilities identified in Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. The proposed facility will be stealthed as a eucalyptus tree, will feature new and enhanced landscaping, will provide an equipment enclosure with shake siding that matches siding used on the existing building, and will comply with other standards outlined in the SAMC. The proposed mono - eucalyptus will not adversely affect the General Plan as cellular facilities that are designed to be compatible with the surrounding environment are consistent with the goals and objectives of the Land Use Element. Goal 1 promotes a balance of land uses to address community needs, which includes means of communication that will be served by the proposed mono - eucalyptus. In addition, Goals 3 and 5 require preservation of neighborhood character and integrity as well as mitigation of developments' impacts. The proposed mono - eucalyptus is designed to minimize visual impact on the area by implementing stealth design and the planting of four eucalyptus trees to screen the facility. Further, Policy 2.2 encourages land uses that accommodate the City's needs for services. Enhancing a cell phone provider's coverage in the area enhances services that are readily available for business owners, workers, and residents in the immediate vicinity. A facility disguised as a eucalyptus tree would provide the best stealth possible for this location. The facility is located within a site that is occupied by professional office uses. The eucalyptus tree design will easily blend into the area and will be designed to allow for future co- location by another provider. Of the various tree designs, the eucalyptus tree is a design that can stealth the equipment needed by additional wireless providers. All associated wiring and conduit for the facility will be underground or hidden within the interior of the mono - eucalyptus. RIDW Conditional Use Permit No. 2015 -16 August 24, 2015 Page 5 This location is also optimal to provide the coverage necessary for existing and expanding service. The proposed cellular antennas will provide a benefit to Santa Ana residents, businesses and motorists who subscribe to Verizon Wireless by closing service gaps and providing enhanced cellular service in the area. Equipment for the facility will be located within a new enclosure with vines planted along the block walls to assist in screening the wireless facility on the site. The proposed wireless facility complies with the City's Wireless Communications Facility Ordinance and will provide needed service to this area of the City. Further, the project is consistent with the goals and objectives of the General Plan that safeguard residents and workers in the area while encouraging land uses that accommodate the City's needs for services. Public Notification The project site is located near the eastern boundary of the City and is not near any neighborhood association. Staff contacted the City of Tustin to ensure that they were notified of this project and to identify any areas of concern. Tustin staff has identified no present concerns for this project. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and notices were sent to all property owners and occupants within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The project is exempt from further review pursuant to Section 15303. This Class 3 exemption allows in -fill developments for the construction and location of limited numbers of new, small facilities or structures; the installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another. The wireless facility is a new, small facility that has been found by the City's development review agencies to not create any adverse impacts such as noise, traffic, or safety concerns. As a result, Categorical Exemption Environmental Review No. 2014 -149 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). 31 B -7 Conditional Use Permit No. 2015 -16 August 24, 2015 Page 6 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2015 -16 as conditioned. ,f Rid5rdo Sato Assistant Planner I RS:jm R3:RepohslCUP 2015.1611200 North Tustin Ave. Verizon Wireless 1f10neeUealYPtOS.pC Attachments: Exhibit 1 — Vicinity Map Exhibit 2— Location Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Elevations Exhibit 6 — Photo Simulations MWOO �JIIr.,_J(�JI�J L l 7 CS p CR I. - C5 r -B MINOMODIFMON GC c<mmMBd1`CtTm m MOFAMILY FFSD M GSM R7 ^ —RA —�I li MUUIRED@7STYMULTI CS WNUNITYOOMMD UAL. M2 HEAVYINDU,"AL FAMILYfM;4L M-- CI-MD WMM. COMMMAUMUSLM 01SIMT MO MIUTAWOPEiATONS RA 91WM41AWIRRVIEMS C2 GAMBt LWMMEFUAL RI OF RACE RI RBDtM7AL1"ii'A'IE s R4— P RdFE90NAL so $PMHGDE%EQPMBJT MA WMIMLBUSNMAR91AUAGE FCO 9.ANN3J00MMUN"0Qa0WWT S' S RCRAN G RAMMSIOPHNGCW[M PW FIANNM Ff9WMALOMOPMB4T 6 AMMAL07MMEMAL Rl Ri Ri Rl .,.�e R7 Ci 84PRD NA ®J 5 1 w _ 1 Hi PHI➢ - I / F z y FflL1 Rt Sq s Fl u.91'- 21 M 0 O � � � Rd P 0 Ri �9.tiq R7 _ u _ — 9 P -OZ7 -P � I>- t7Zt -F � w Ri R7 P -OZ1 -F ngzl.v .. !R R ��L �.• MIN P -OZ4P P -OZ,-f F MIN 1 I� ----�_ P—i P OZ7 -F CLOZI -F r- Ai 0- HJ LA3aWLNMLT CR OCMMDUALFESDURAL to SNGLF-FAMILYrM,ARJt1AL -B MINOMODIFMON GC c<mmMBd1`CtTm m MOFAMILY FFSD M GSM CO.MMB ALMUIHMAIN M1 UaMNDUSRd.AL m MUUIRED@7STYMULTI GI WNUNITYOOMMD UAL. M2 HEAVYINDU,"AL FAMILYfM;4L M-- CI-MD WMM. COMMMAUMUSLM 01SIMT MO MIUTAWOPEiATONS RA 91WM41AWIRRVIEMS C2 GAMBt LWMMEFUAL 0 OF RACE m RBDtM7AL1"ii'A'IE a C84MLSUSNES P RdFE90NAL so $PMHGDE%EQPMBJT MA WMIMLBUSNMAR91AUAGE FCO 9.ANN3J00MMUN"0Qa0WWT S' S RCRAN G RAMMSIOPHNGCW[M PW FIANNM Ff9WMALOMOPMB4T 6 AMMAL07MMEMAL IN CUP 2015 -16 VERIZON WIRELESS MONO- EUCALYPTUS 1200 NORTH TUSTIN AVENUE =500 FMT r' =1onn Fffi_7 P L A N N I N G A N D B U I L D I N G A G E N C Y EXHIBIT 1 VICINITY MAP 31 B -9 OFFICE OFFICE CONDOS RESTAURANT w Z w OFFICE w i WELLINGTON AVENUE J :Eu d Z PARKING OFFICE J � CHURCH &SCHOOL CUP 2015 -16 (91, VERIZON WIRELESS MONO - EUCALYPTUS 1200 NORTH TUSTIN AVENUE sv P L A N N I N G A N D B U I L D I N G A G E N C Y EXHIBIT 2 LAND USE MAP 31 B -10 R� 1 1 rT f ., 'f :N `� yy U(SUNG iMtll- pPS1e;0 6NLLb6UK 1 ohP<iu3 tAi I � i I WO ipN) �tlfa1 PMM"Y1 CNYo L iftE04i ' i` l9T . I PAR CE! 1 0212 -.3 Aw?'V 4GO 152 Cl— 1 _ �1 1 d I €xmlttG 6rstss rNO _. WItlSCM1Pi14 IYr4V (KOPUSEQ 4fiFlli IXV FYN4Y Cf5 p �° v nm� w wo r run �"M1 PADmwEn Wi IER xINM P1 1firy0G1i'A ( E 1lA16N �1�"tAi NfAt2l Wit m YPG £4 " i a�xu>7cn esurr utcxi "In NC 1 tsN:mwm [IPIamsm --� wp. ,' NN6 rom" P(Yb6 f E AREA cl$r+'4ri fiCLRQO i[ fl C%I IUW TAY1i STA'fAI%fi4L— �... X ' •�{ Y t �l � .. � � E aCbu fjrtSiR M ffId2AH �R PrTtl q,q l 1 W,Rr s MEN i -0.Cj � - J:� .ao - rr. +urnc j �w�yg I — f ' RIMMf1t LTG 51!4'1103"[ 34a.Ip' - Y EXHIBIT 4 31 B -12 PFOPOSEA 4E912ON 41Edim— RN -12 'A" XF TERM" MCOMO OEN:NO pKPOSCA PRIEC AMCIIWS Lirp,A PCR SEGfOR} (�xfMEOj piN;l ^OSfO YCM20N MiItLtC.S ^✓ tl' VAhY: mMil'MS WAINICD DR PROPOSED MIND- CLL4:TPTUS MP -4 PIN SWUll pwvA Eb bEA12ON WRCt£SS 8' PAKN (10`4 of 12) (SEMU1 C) (9EmSO) AfFlG ' NOWED 04 PROPOSED NCflO- CIN1GYPTUS MO-4 OCR LFf.10R) TOP OF PROFCISEU ND4O- flkAI+Y'RYs (Tal . 0 12) Moot( A) � � @, p)' -q• iGY OF ORMO5Eb KJC2{fit WRFtEY5 pk4f1 RNE£N"413 Euv. x—'-O PRUPOAD ai::itiO- {UCl."Xp1U5— WNSUO.q MDR03[D "ITIQ44 %19" S WIENNA W UKTEI { _......�_... - .._..... _...... .. p. [LEY. g4'.i1' RD YUA2011 WK S SURGE --- PON OF P{ppDS[n fflU i WAFIL MlOtO f'AYE VERON1A 9YECilON MET MOWED NF).q PRRUOSED 011 -12 iIYP_2J �—.� kL•Y. 14'-D' "511NU Ex MNO TOP of MST M, .. OLtNED R'xr 1- - -mm o, 42.02' NIM1 IML to nmvAm iCP OF PR:P115E15 Maus of p"I'MCO ME GUV A4 CWLOSWE ,,, Lux cuRP EL . OW NIG1 Amt WRW% D' HV4 wt> CUSMG fnrww] EAST ELEVATION D n eT�E 11x1r: siTa'i -n• r 6 i iix3fl: 1IA' . Y4i EXHIBIT 5 31 B -13 \ /� � �� �. \ � � � � � _� . � � � I� �yc�� �¢ } ` \� \� \ :?» 9� « ° » ©� : G: �= � � � RS 8.24.15 RESOLUTION NO. 2015 -29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2015 -16 AS CONDITIONED FOR THE PROPERTY LOCATED AT 1200 NORTH TUSTIN AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Conditional Use Permit No. 2015 -16 to allow for the installation of a 60 foot tall major wireless facility at the property located at 1200 North Tustin Avenue. B. Santa Ana Municipal Code Section 41- 198.3(b) requires approval of a conditional use permit for the installation of major wireless facilities. C. On August 24, 2015, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2015 -16. D. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC) Section 41 -638, have been established for Conditional Use Permit No. 2015 -16 to allow for the installation of a major wireless facility: That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The project will provide a service or facility which will contribute to the community. The proposed mono - eucalyptus will provide a service to Santa Ana residents, businesses, and motorists who subscribe to Verizon Wireless services by reducing the gaps in cellular service and providing additional calling capacity for its users in the northeast sector of Santa Ana. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. Resolution No. 2015 -29 Page 1 of 7 31 B -15 The proposed wireless facility at this location will not be detrimental to persons residing or working in the area as the proposed facility will be in compliance with Federal law that govern health related issues for wireless facilities, including safety regulations from the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA). Moreover, the nearest residential use is located over 300 linear feet from the site, further reducing any potential for impacts. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed mono - eucalyptus will be compatible with the surrounding area and will not adversely affect the economic viability in the area. The stealth appearance, four live eucalyptus trees, and site enhancements will maintain and increase the economic stability for this commercial corridor by providing an additional service for business owners, workers, and residents in the area. Further, the stealth appearance and the planting of live eucalyptus trees will help the site blend in with existing mature eucalyptus trees that line the site along Tustin Avenue. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The use will comply with all provisions pertaining to the construction and installation of wireless facilities identified in Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. The proposed facility will be stealthed as a eucalyptus tree, will feature new and enhanced landscaping, will provide an equipment enclosure with shake siding that matches siding used on the existing building, and will comply with other standards outlined in the SAMC. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The proposed mono - eucalyptus will not adversely affect the General Plan as cellular facilities that are designed to be compatible with the surrounding environment are consistent with the goals and objectives of the Land Use Element. Goal 1 promotes a balance of land uses to address community needs, which includes means of communication that will be Resolution No. 2015 -29 Page 2 of 7 31 B -16 served by the proposed mono - eucalyptus. In addition, Goals 3 and 5 require preservation of neighborhood character and integrity as well as mitigation of developments' impacts. The proposed mono - eucalyptus is designed to minimize visual impact on the area by implementing stealth design and the planting of four eucalyptus trees to screen the facility. Further, Policy 2.2 encourages land uses that accommodate the City's needs for services. Enhancing a cell phone provider's coverage in the area enhances services that are readily available for business owners, workers, and residents in the immediate vicinity. E. In accordance with the California Environmental Quality Act, the recommended action is exempt for further review per Section 15303. The Class 3 exemption allows in -fill developments for the construction and location of limited numbers of new, small facilities or structures; the installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another. The wireless facility is a new small facility that has been found by the City's development review agencies to not create any adverse impacts such as noise, traffic or safety concerns. Categorical Exemption Environmental Review No. 2014 -149 will be filed for this project. Section 2. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the negligence of the City of Santa Ana. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2015 -16 as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 1200 North Tustin Avenue. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated August 24, 2015, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 2015 -29 Page 3 of 7 31 B -17 ADOPTED this 24th day of August, 2015. AYES: Commissioners: Alderete, Bacerra, Bauer, Mill, Verino (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Gartner, Nalle (2) ABSTENTIONS: Commissioners: None (0) James Gartner Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -29 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on August 24, 2015. Date: Planning Commission Secretary City of Santa Ana 31 B -18 Resolution No. 2015 -29 Page 4 of 7 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2015 -16 Conditional Use Permit No. 2015 -16 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this approval. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. The applicant must comply with all conditions and requirements of the Development Review Committee for the development project (DP No. 2014 -50). 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The mono - eucalyptus shall be maintained as per approved plans and any existing landscaping shall be protected in place during the construction period for the 60 -foot high wireless facility. 4. The proposed monopole shall be maintained per the following specifications: a. The mono - eucalyptus facility should have 3.1 branches per foot for full density coverage with limited spacing between the branches; 70 percent of the branches should be eight feet or longer. b. Branch disbursement should be random so that longer branches and shorter branches are intermingled to give a natural appearance. C. Branches should exceed all antennas by a minimum of 12 inches. d. Branches should start at 15 feet above the ground. Resolution No. 2015 -29 Page 5 of 7 31 B -19 e. There should be a minimum space of seven feet between the top of the antenna and the top of the branches. f. Branches should have an upward sweep similar to that of an actual deciduous or broadleaf tree. g. Branch foliage color should be an olive green with some brown leaves to match an actual deciduous or broadleaf tree. A sample shall be submitted for approval prior to fabrication. h. Full bark cladding with a custom color should be submitted for approval prior to fabrication. i. All antennas shall be covered with "antenna socks" that match the approved foliage color. j. All "stand -off mounts" and support pipe mounts shall be concealed behind antennas and painted a darker shade or green (or black) with a "flat" paint finish to reduce reflection and visibility of the mounting. k. Include the tree specifications (selected manufacturers and models) with photo simulations (also a site plan review requirement). I. Show the location of the GPS antenna on all elevations. M. Provide a "unistrut" detail for the utility cabinet; an "H- frame" is not acceptable. n. Provide a note on the plans stating "install underground utilities sleeving for two carriers during construction of the structure ". Shrouds on the outside of the pole are not acceptable. o. All exterior conduit and electrical meters shall be installed and screened in one metal enclosure painted to match the structure. 5. The permit applicant shall provide a 24 -hour phone number to which interference problems may be reported. This condition will also apply to all existing facilities in the City of Santa Ana. 6. The permit applicant will provide a "single point of contact" in its Engineering and Maintenance Departments to insure continuity on all interference issues. The name, telephone number, fax number and e-mail address of that person shall be provided to the City's designated representative upon activation of the facility. Resolution No. 2015 -29 Page 6 of 7 31 B -20 7. The permit applicant shall insure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of permit applicant to comply. 8. The permit applicant shall provide a coverage and cell site location map for each existing and proposed facility in Santa Ana. 9. Locate all equipment and related appurtenances (appleton plug and electric meter) on the inside of the existing equipment enclosure or inside the building and underground all electrical power from the utility source shown on the approved site plan. 10. Conditional Use Permit No. 2015 -16 expires 10 years from the date of City Council approval. Resolution No. 2015 -29 Page 7 of 7 31 B -21 31 B -22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 15, 20166 TITLE: RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: . °6! Q As Recommended C] As Amended ❑ Ordinance on 1" Reading M Ordinance on Vd Reading M Implementing Resolution ® Set Public Hearing For CONTINUED TO FiLE NUMBER Adopt an ordinance approving Zoning Ordinance Amendment No. 2015 -03. PLANNING COMMISSION ACTION At its special meeting on July 20, 2015 by a vote of 3 :2 (Mill & l erino opposed; Alderete & Gartner absent), the Planning Commission recommended that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2015 -03 to update the existing Housing Opportunity Ordinance (HOO) requirements for the inclusion of affordable housing in certain residential development projects. The Planning Commission, with a 3:2 vote, made no changes to the modifications outlined in the attached staff report (Exhibit A). DESCRIPTION The update of the Housing Opportunity !Ordinance was considered by City Council on August 4, 2015. Staff's recommendation for the ordinance on August 4 included the following: • Residential Projects over 20 units provide Inciusionary Units on -site • Provide for off -site construction of units (1 for 1); • Allow rehabilitation of off -site units at 1.5 rehabilitated units in -lieu of 1 newly constructed unit (1 to 1 for Target Areas); • Inolusionary Unit production 100% responsibility of developer; no City or Housing Authority assistance; • Calve developer height density and standards modifications when affordable units are provided on -site; All Inclusionary Units (rental and ownership) 55 years; « Exempt adaptive reuse projects from inclusionary requirements; Developer may opt 15 % low- income inclusionary or 10 % very low income; Apply only to conversions for number of units in excess of General Plan prescribed densities; Remove Takings Determination from ordinance; Remove Executive Director Discretionary Authority; 50A -1 Zoning Ordinance Amendment 2015 -03 September 15, 2015 Page 2 Simplify In -Lieu fee calculation ($5 /square foot of habitable space) only applicable to projects of 20 or fewer units; Allow pipeline projects the option of paying $5 /square foot. The following is a summary of the changes made at the Council meeting on August 4, 2015 and adopted on September 1, 2015. Change in -lieu fee to $5 per square foot for projects of 20 units and fewer and $15 per square foot for projects of 21 units and above. Change "moderate income" definition to 80% of area median income. The new definition is the same as State's definition of "low income household." • Pipeline projects have an option of paying $15 per square foot. Subsequently, changes made at the Council meeting on September 1, 2015 to be presented for a new let reading on September 15, 2015 were as follows: Allow pipeline projects to pay either their existing agreed upon in -lieu fee or $9.35 per square foot, Allow developers of for -sale units the option of renting out their inclusionary units or selling them to qualified low- income households. Allow the height, density, parking, and other permitted concessions only on projects when developers opt to provide their inclusionary housing units on -site or off -site as permitted by the ordinance. However, such concessions will not be permitted to the developers who take the in -lieu fee option. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 5 Community Engagement and Sustainability, Objective No. 3 (facilitate diverse housing support efforts to preserve and improve livability in Santa Ana neighborhoods). FISCAL IMPACT There is no fiscal impact associated with this action. assan Hagh ni, AltP Executive Director Planning & Building Agency HH:rb HH \Reports \HOO Amendments Report to CC Sept 15 2915 Exhibit: A. Planning Commission Staff Report B. ordinance 50A -2 Health, Livability, opportunities and REQUEST FOR Planning Commission Action WWK lI&eX*67in[urlE 3L7�ilTil��iIT�c77 i- JULY 20, 2015 TITLE: PUBLIC HEARING — ZONING ORDINANCE AMENDMENT NO. 2016-03 TO UPDATE THE HOUSING OPPORTUNITY ORDINANCE AND ADAPTIVE REUSE ORDINANCE (STRATEGIC PLAN NO. 5, 31 Hassan Haghani, AICP & Prepared by Melanie McCann, AICP ' T Exe tive Director PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO -v yYActing PI ning Ma ager Recommend that the Planning Commission recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2015 -03. Request of Applicant The City of Santa Ana is requesting to update the existing Housing Opportunity Ordinance (HOO) and Adaptive Reuse Ordinance (ARO) to make it much more predictable for applicants and to increase affordable housing production in conjunction with new market rate housing development. Proiect Description The Housing Element of the General Plan identifies the long range plans for housing throughout the city. The Housing Opportunity Ordinance was established to implement a component of the Housing Element by playing an active role in the provision of affordable housing within the City of Santa Ana. The ordinance update proposes to modify the requirements related to Historic Adaptive Reusefretrofitting of existing buildings; revise the "alternatives" to construction of new affordable housing units on -site; and clarify the options and procedures available to applicants in meeting the HOO. Proiect Background On November 28, 2011, the City Council adopted the Housing Opportunity Ordinance that applied to proposals for five or more housing units. Residential projects are required to provide fifteen percent of the total number of units as affordable, whether the project is for sale or rental. The existing ordinance applies to those developments requesting a zoning amendment from a non - residential to a residential zone (including City - initiated re- zones), an increase in density, a conversion to the residential provision of an overlay zone, or conversion of apartments to condominiums. F011iG3`r1 y 1 J Zoning Ordinance Amendment 2015 -03 July 20, 2015 Page 2 On October 27, 2014, the City Council adopted the Adaptive Reuse Ordinance (ARO) to allow the reuse of vacant and/or obsolete buildings within specific areas of the City. One of the provisions of the ARO, Section 41 -1652 (d)(1), requires all adaptive reuse projects to comply with the HOO. Project Analvsis A review of the contents of the MOO has revealed that certain components of the ordinance prevent staff from consistent implementation of the ordinance. In reviewing the existing ordinance, staff has identified a few areas that warrant a revision to the existing Housing Opportunities Ordinance. Issues to (Consider, In examining the existing ordinance, staff has identified the following items as points of confusion that may be impediments to new housing production and production of new affordable housing units in the city: Constraints on Adaptive Reuse of Historic Structures and Retrofitting of Existing Buildings - This particular issue revolves around the cost of adaptive reuse of historic buildings (which has the public benefit of preserving historic resources by making them economically productive) or retrofitting of existing building stock for a new use, typically switching the use from commercial to residential, thereby minimizing the carbon footprint of the reuse of the building and eliminating the need to turn such buildings into landfill. In both categories, the inclusionary housing requirement adds a cost to the developer on the already high cost of restoration and retrofitting of the existing buildings, which can be costly due to extensive fire and building safety upgrades necessary. Already Built or Entitled (but not Built) Projects - The existing HOO does not fully consider the economics of inclusionary housing requirements on entitled or built projects. The current version of the HOO retroactively applies to projects that were entitled under different sets of circumstances and conceived under very specific economic assumptions when they were entitled. The retroactive application of inclusionary housing requirements drastically changes the economics of the projects from the assumptions that supported the originally approved projects. An existing project that was entitled or built under a set of economic assumptions may become economically unviable once the inclusionary requirement has been added to its costs. Viable Alternatives for On -site Production of Inclusionary Affordable Housing Units — The current ordinance does not really allow off site production of affordable units as a means to meet the inclusionary affordable housing standard. Instead, in practice, it allows the developer to negotiate lower in -lieu fees for up to 100% of the inclusionary requirement. This particular item works as an impediment to the intent of the Housing Opportunities Ordinance in two ways: 1) It removes the consistency and predictability that can assure applicants of the actual cost of their development when formulating their application, and 2) By allowing up to 100 % of the inclusionary requirement to be fulfilled through a negotiated in -lieu fee, it lessens or eliminates the opportunity to produce affordable housing units at no cost to the public in conjunction with production of new market rate housing. y 1 1 I Zoning Ordinance Amendment 2015 -03 July 20, 2015 Page 3 Calculation of the In -Lieu Housing Fee — The terms, conditions, and exact cost of in -lieu housing fee are not clearly spelled out and can change from project to project. In practice, this has resulted in different projects negotiating different fees, often with no new affordable housing units produced. In addition, the current HOO does not fully address the fair inclusionary housing requirement for new projects that have more contemporary products that do not fully adhere to traditional housing product types (e,g., "micro units," lofts, and unfinished space). As such, it is not always clear how the developer can best meet their inclusionary requirements. Further, given the current popularity of studios, one- and two - bedroom apartments, the product types produced by current development don't always meet the City's affordable family housing needs. Proposed Amendments. Based on the issues identified above and a number of other minor concerns, staff proposes the ordinance to be revised as follows: • Calculate the required inclusionary housing requirement in square feet to allow production of affordable housing types that are most needed in the community (e.g., family housing vs. one or two bedroom units); • Clarify the length of affordability to be 55 years, regardless of whether the units are rental or ownership units; • The developer may opt to provide the inclusionary affordable housing as follows: 0 15% if the affordable housing provided is for low- income families; a 10% if the affordable housing provided is for very low - income families; 0 15% if the affordable housing provided is for moderate income families. However the moderate income housing provision is only applicable and allowed when the application is for a 100% ownership housing project. • Exempt projects approved prior to the date of adoption of the original Housing Opportunities Ordinance; • Exempt adaptive reuse of historic structures from the 1100; • Exempt retrofitting of existing buildings for a new use from the HOO; • Allow for off -site construction of inclusionary housing units at the rate of one square foot of new housing for each square foot of required inclusionary housing; • Allow rehabilitation of existing off -site housing to meet inclusionary requirement, provided • Off -site rehabilitated units are produced at a rate of 1 square foot per each required square foot of inclusionary affordable housing within a City - designated "Target Area." • Off -site rehabilitated units are produced at a rate of 1.5 square feet of newly rehabilitated housing per each (1) square foot of required inclusionary affordable housing when the rehabilitated housing is outside a City - designated "Target Area." • When a building is acquired by a developer to be rehabilitated to meet the developer's inclusionary housing requirement, the developer is 100% responsible for the terms and costs of relocation of existing tenants. • Remove the entire section on "takings determination" from the ordinance, as recent case law has established that inclusionary housing standards do not constitute a taking. y ll Zoning Ordinance Amendment 2015 -03 July 20, 2015 Page 4 • Apply inclusionary housing requirements to conversion of apartments to condominiums only when the density of the building being converted exceeds the densities allowed under the General Plan and only to the incremental portion of the density that is over the General Plan prescribed densities on site. • Remove the in -lieu fee option for applications for projects of 21 or more units. For such projects, the developer is to produce the inclusionary affordable housing requirement either on -site or off - site as provided by the ordinance. • Require all inclusionary affordable units to be produced 100% by the developer with no subsidy or financial assistance from the City of Santa Ana or the Santa Ana Successor Agency. • In order to make the production of new affordable housing units on -site or off -site or off -site rehabilitated units, adopt op, rtions of the incentives, standards and concessions allowed and prescribed under California State - adopted S131818. The developer may opt to take advantage of up to two (2) concessions among the following possible concessions: • Parking Concession — ■ one (1) onsite parking spaces for each 0 -1 bedroom unit; • two (2) onsite parking spaces for each 2 -3 bedroom unit; 2 Y2 parking spaces for each 4 or more bedroom unit. • Concession on one of the following Zoning Code site development standards: • Setback reduction — up to 25% reduction on subject property; • Height - up to 20 additional feet; • Density Bonus: • An applicant must select only one housing affordability income level to merit a density bonus. A combination of affordable housing income levels is not permitted to be combined to increase the amount of density bonus. • For each 1 percent increase above 15 percent in the percentage of units affordable to low income households, the density bonus shall be increased by 1.5 percent up to a maximum of 35 percent. • For each 1 percent increase above 10 percent in the percentage of units affordable to very low income households, the density bonus shall be increased by 2.5 percent up to a maximum of 35 percent. • Only projects targeted for condos and other ownership units may provide moderate income housing to meet their affordable inclusionary housing requirement. For each 1 percent above 15 percent of the percentage of units affordable to moderate income households, the density bonus shall be increased by 1 percent up to a maximum of 35 percent. Calculate in -lieu fee at $5 per square foot of required inclusionary affordable housing. For the purposes of this ordinance, the square footage of the development is calculated as the sum -total of the number of square feet within the habitable units, measured from the exterior wall to exterior wall of the habitable units. This calculation does not include hallways, common areas, landscaping, open space, stairways, etc. y 1 M Zoning Ordinance Amendment 2015 -03 July 20, 2015 Page 5 • Allow pipeline projects for which applicants have submitted affordable housing plans to pay the inclusionary housing in -lieu fee, but for which the housing plans have not been finalized, to pay the affordable housing in -lieu fee adopted with this ordinance. • Evaluate the components of this ordinance and provide options for Council consideration in 3 years. Stakeholder Outreach and Discussion: To provide input on the proposed amendments to the Housing Opportunity Ordinance, all known current stakeholders were invited for two consecutive in -depth discussions, one on July 9, 2015 and a second on July 13, 2015. The stakeholders represented a variety of interests including market rate and affordable housing developers, affordable housing advocates, and members of the real estate community. The individuals who were in attendance in at least one of the two discussion meetings are listed in Exhibit 2. Public notification included a mailing to interested parties. In addition, a notice was published in the Orange County Reporter advertising the Planning Commission public hearing. CEQA Analysis In accordance with the California Environmental Quality Act, the proposed project is exempt from further review pursuant to Section 15061 (b)(3), as there is no potential for causing a significant impact on the environment due to the adoption of the ordinance. Categorical Exemption Environmental Review No. 2015 -77 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No, 5 Community Health, Livability, Engagement and Sustainability, Objective No. 3 (facilitate diverse housing opportunities and support efforts to presence and improve livability in Santa Ana neighborhoods). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2015-03. Melanie G. McCann, AICP Associate Planner HH:rb HHIDocuments1H001H00 Amendments Report to PC July 20 2015 50A -7 Zoning Ordinance Amendment 2015 -03 July 20, 2015 Page 6 Attachments: Exhibit 1 _ Proposed Housing Opportunity Ordinance Exhibit 2 — Stakeholders Present at discussion Meetings y 1 M • LS 7,16, 16 ORDINANCE NO. NS -XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE XVIIIJ OF THE SANTA ANA MUNICIPAL CODE REGARDING THE HOUSING OPPORTUNITY ORDINANCE AND AMENDING THE ADAPTIVE REUSE ORDINANCE TO EXEMPT SUCH PROJECTS FROM THE APPLICATION OF THE HOUSING OPPORTUNITY ORDINANCE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1, The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. On November 28, 2011, the City Council adopted the Housing Opportunity Ordinance (HOO) that applied to proposals for five or more housing units. Residential projects are required to provide fifteen percent of the total number of units as affordable, whether the project is for sale or rental. The existing ordinance applies to those developments requesting a zoning amendment from a non - residential to a residential zone (including City - initiated re- zones), an increase in density, a conversion to the residential provision of an overlay zone, or conversion of apartments to condominiums. B. A review of the contents of the HOO has revealed that certain components of the ordinance prevent staff from fair and even - handed implementation of the ordinance. In reviewing the existing ordinance, staff has identified a few areas that warrant a revision to the existing Housing Opportunities Ordinance. C. In examining the existing ordinance, staff has identified the following items as points of confusion that may be impediments to new housing production and production of new affordable housing units in the City: constraints on adaptive reuse of historic structures and retrofitting of existing buildings, already built or entitled (but not yet built) projects, viable alternatives for on -site production of inclusionary affordable housing units, and the calculation of the in -lieu housing fee. D. Amendments to the WOO are necessary for the clarification of these issues. SECTION 2, Article XVIII.I (Housing Opportunity Ordinance) is hereby amended such that it reads as follows: Article XVIII.I - Housing Opportunity Ordinance Exhibit ! y LS 7.16.15 Sec. 41 -1900. Purpose This Article establishes standards and procedures to encourage the development of housing that is affordable to a range of households with varying income levels. The purpose of this Article is to encourage the development and availability of affordable housing by requiring the inclusion of affordable housing units within new developments whose Applications were deemed complete after November 28 2011 • or twelve an residents^ u cv to -one- that- &e"erm;t aes; er the conversion of rental units to condominium ownership when the number of units exceed the densities permitted under the General Plan. As used in this Article, the following terms shall have the following meanings "Adjusted for Household Size Appropriate for the Unit" means a household of one person in the case of a studio unit, two persons in the case of a one - bedroom unit, three persons in the case of a two- bedroom unit, four persons in the case of a three- bedroom unit, and five persons in the case of a four - bedroom unit. "Administrative Procedures" means those regulations promulgated by the Executive Director pursuant to Section 41 -1910 of this Article. "Affordable Housing Cost" means the total housing costs paid by a qualifying household, which shall not exceed the fraction of gross income specified, as follows, in accordance with Sections 50052.5 and 50053 of the Health & Safety Code Very Low - Income Households. Thirty percent of the income of a household earning 50 percent of the Orange County median income adjusted for family size appropriate for the unit. Low - Income Households. Thirty percent of the income of a household earning 70 percent of the Orange County median income for for -sale units, and 30 percent of the income of a household earning 60 percent of the Orange County median income for rental units, adjusted in either case for family size appropriate for the unit. Moderate Income Households. Thirty -five percent of the income of a household earning 110 percent of the Orange County median income for for -sale units, and 30 percent of the income of a household earning 110 percent of the Orange County 50A -10 LS 7.16.15 median income for rental units, adjusted in either case for family size appropriate for the unit. In the event of a conflict between the fractions specified in this definition and those found in Sections 50052.5 and 50053 of the Health & Safety Code, the fractions specified by State law shall control. "Developer" means any association, corporation, firm, joint venture, partnership, person, or any entity or combination of entities, which seeks City approval for all or part of a Residential Project. "Executive Director" means the Executive Director of Community Development for the City of Santa Ana. "Inclusionary Housing Agreement" means a legally binding agreement between the Developer and the City, in a form and substance satisfactory to the Executive Director and the City Attorney, and containing those provisions necessary to ensure that the requirements of this Article are satisfied, whether through the provision of Inclusionary Units or through an approved alternative method. "Inclusionary Housing Fund" means the fund created by the City of Santa Ana in which all fees collected in compliance with this Article shall be deposited. "Inclusionary Housing Plan" means the plan submitted by the Developer, in a form specified by the Executive Director, detailing how the provisions of this Article will be implemented for the proposed Residential Project. "Inclusionary Unit" means a dwelling unit that will be offered for sale or rent to Very Low, Low or Moderate - Income Households, at an affordable housing cost, in compliance with This Article. "Low- Income Households" means 'lower income households" as that term is defined by Section 50079.5 of the Health & Safety Code. "Low-Income Units, Moderate- Income Units, and Very Low - Income Units" means Inclusionary Units restricted to occupancy by Low, Moderate, or Very Low- Income Households, respectively, at an affordable housing cost. "Market Rate Units" means dwelling units in a Residential Project that are not Inclusionary Units. "Moderate- Income Households" means "persons and families of low or moderate income" as that term is defined by Section 50093 of the Health & Safety Code. 1, 01 ,4L,1g=rrrrrrrr 1. 1101411 1 Will 50A -11 LS 7.16.15 "Pipeline Proiect" means any project for which an application was submitted and the application was deemed complete prior to August 4, 2015. "Regulatory Agreement" means an agreement entered into between the City of Santa Ana or the Santa Ana Community Redevelepme -nt Developmen# Agency and a Developer by which the Developer covenants to keep certain housing units at an affordable housing cost for a specified period of time. "Residential Project" means any of the following: A subdivision resulting in the creation of 5 or more residential lots or residential condominium units; or The new construction of a project consisting of 5 or more multi - family units; or The new construction of 5 or more separate houses or dwelling units; or The conversion of 5 or more existing residential rental units to condominium ownership. "Total Housing Costs" the total monthly or annual recurring expenses required of a household to obtain shelter. For a rental unit, total housing costs shall include the monthly rent payment and utilities paid by the tenant (excluding telephone and television). For an ownership unit, total housing costs shall include the mortgage payment (principal and interest), insurance, homeowners' association dues (if applicable), private mortgage insurance (if applicable), taxes, utilities, an allowance for maintenance and any other related assessments. "Very Low - income Households" means "very low income households " as that term is defined by Section 50105 of the Health & Safety Code. Sec, 41 -1902. Applicability and Inclusionary Unit Requirements (a) Applicability'^" "agges. The requirements of this Article shall apply to any new Residential Project located within azene that— has --be r residen wEier 50A -12 LS 7.16.15 ohange ai49w6-- aPAnsFease— t&4he-- ' t w residential density y v zoning in- place as oft# 1e -e # estive- date- of-- this_er&nanse the City, including new construction and condominium conversions which exceed the General Plan prescribed densities. (b) Applications. The requirements of this Article shall apply to any new Residential Project proposed in connection with an application to do any of the following: (1) Increase the permitted residential density of the subject property above the density permitted by applicable zoning at the time of the application. The (2) Increase in the permitted residential density or percentage of residential (3) Increase the permitted percentage of residential development allowed for a mixed -use development above the percentage at the time of the application. The inclusionary requirements shall only apply) to the incremental increase in the number of units beyond that which is allowed by the applicable zoning (3 }-- GY ®n }�veJrjt� yp ry al-o 4 ,wAri aI-{lmd es inolading blout not �irT1' I[ CSiiV 'tllU��IT4Gii.TICRTIii "Q —IiG CGY' C V Y V�.IM wT(tYQ i�.a�+. (4) Approval of new proycts in an overlay zone site plan permitting residential land uses pursuant to Division 28 of this Chapter. (5) Convert rental units to condominium ownership. The inclusionary (c) Units for sale. If the new Residential Project consists of units for sale, then a minimum of 15- percent of the total number of units in the project shall be sold to Moderate- Income Households, or lower. (d) Rental units. If the new Residential Project consists of rental units, then a minimum of 15- percent of the units shall be rented to low Low- Income Households. or 10- percent rented to Very Low - Income Households. OWN e^ (e) Rounding of quantities in calculations. In calculating the required number of Inclusionary Units, fractional units shall be rounded -up to the next whole unit. The 50A -13 LS 7.16.15 Developer may choose to pay an in -lieu fee set forth in Section 41- 1904(c) for the fractional units, which shall be calculated based on the number of habitable square feet applicable in each case a s.g -g �+" e pe=unito (f) Displacement of existing Inclusionary Units. Notwithstanding any other provision of this Article, any Residential Project subject to this Article that results in the displacement of Very Low and/or Low an4/er- Moderate- Income Household(s) shall be required to provide on -site Inclusionary Units as required by this Article. (g) All Inclusionary Units required by this Article shall be sold or rented in compliance with this Article. Sec. 41 -1903. Exempt projects The following are exempt from the requirements of this Article: (a) Applications deemed complete. A Applications that include a Residential Project for which a development application has been deemed complete prior to November 28, 2011. (b) Development Agreements. A Residential Project that is the subject of a development agreement under applicable provisions of the California Government Code that expressly provides for an exclusion to this Article or provides for a different amount of Inclusionary Units from that specified by this Article, provided the development agreement was adopted on or before November 28, 2011. (c) Project with Regulatory Agreement. A Residential Project for which a Regulatory Agreement has been approved, provided that the Regulatory Agreement is effective at the time the Residential Project would otherwise be required to comply with the requirements of this Article, and there is no uncured breach of the Regulatory Agreement before issuance of a Certificate of Occupancy for the project. This may include a Residential Project that has obtained a Density Bonus under Article XVI.I of the Santa Ana Municipal Code. Sec. 41 -1904. AtWnativesr Options to Satisfy Inclusionary Requirements (a) On -site units. The primary means of complying with the Inclusionary requirements of this Article shall be the provision of on -site Inclusionary Units in accordance with Section 41- 1901, above. A Developer may only satisfy the requirements of this Article by means of an alternative to on -site Inclusionary Units in accordance with the requirements and procedures of this Section, (b) Off -site units. 50A -14 LS 7.16.15 1. New Units. The Developer may satisfy the Inclusionary Unit requirements borders at the ratio of one square foot of affordable unit for each required square foot. While the total square footage area of the required new affordable units must be the same as the sum -total of the number of square feet for the proiect as directed by this ordinance the number of unit and housing needed at the time of project review. 2. Rehabilitated Units Outside a Designated Target Area. UpGn- appiisaticm -by t! u�peand ^'- �the�i n��;e Gitt+ Ssu+�sil the Developer may satisfy the Inclusionary Unit requirements for the project, in whole or in part by substantially rehabilitating existing housing units elsewhere within the borders of the City of Santa Ana at a rate of 1 "/: square feet per each 8. the same number as required on -site units. AA+icf— stfferble units —e� .. t= IN c. e number of new units that will be required under the off -site unit provision in the Target Area will be the same number as required on -site units. (c) In -lieu fee. (1) 20 or fewer units. In the case of a Residential Project containing between 5 and 20 residential lots or residential units, the Developer may elect to satisfy 50A -15 LS 7.16.15 the Inclusionary Unit requirements for the project, in whole or in part, by payment of a fee in lieu of constructing some or all of the required units. (2) Calculation of fee. The amount of the fees allowed by this Section shall be edology- -to -be se aA44n4he Arimivr'c Frnfi++n drnn d ec `rh. + . [aW�rneithed(•�legjy4s -base e ]-tari+'rrrtoYrcnrpti.- r'IVOCUi' it .r.^r -•tea afferdaWliiy- gap-assoeiated w 'required - uff6rdabie h6� units on site es .., . _ propesed4:�esidential 4ejest five dollars per square foot (35.00 /ft.Z) of the sum total of the number of square feet within the habitable units as measured from the exterior walls of the residential units. This calculation does not include hallways, common areas, landscape, open space or stairways (3) Timing of payment. The Developer shall pay any in -lieu fees allowed by this Section in full before issuance of a the first Building Permit for any portion of the Residential. Project, including any non - residential portions of a mixed -use development. (4) Inclusionary Housing Fund. Fees collected in compliance with this Section shall be deposited in the Inclusionary Housing Fund. Sec. 41- 1904.1. Affordable Housing Development Incentives (a) in order to make the production of new affordable housing units on -site or off -site or advantage of up to two (2) concessions among the following possible concessions: spaces for each 4 or more bedroom unit. (2) Concession on one of the following Zoning Code site development standards: iii) Density Bonus such that: density bonus shall be increased by 1.5 percent up to a maximum of 35 percent. 50A -16 LS 7.18.15 c) For each 1 percent increase above 10 percent in the affordable inclusionary housing requirement. For each 1 bonus shall be increased by 1 percent up to a maximum of 35 Dercent. Sec. 41 -1905, Housing Plan and Housing Agreement (a) Submittal and execution. The Developer shall comply with the following requirements. (1) Inclusionary Housing Plan. The Developer shall submit an Inclusionary Housing Plan in a form specified by the Executive Director, detailing how the provisions of this Article will be implemented for the proposed Residential Project. if the "d housing plan +aelFides •alternatives -te -en- site -units ual et�ie pity- Geune+l; then - The Inclusionary Housing Plan and its supportive documents plans, and details shall be submitted at project. All Inclusionary Housing Plans shall be subject to the approval of the Executive Director PAarhqing-- 4er+n*s1en and subject to appeal processes and procedures set forth in the Santa Ana Municipal Code. to -the 42#y- Gouncil. •- Any- suueh, appeal- s Fiatl be fitted -witd ifteep (15)- day8 of tFie decision el I n niieg •arrrrr�+esier� (2) Inclusionary Housing Agreement, The Developer shall execute and cause to be recorded an Inclusionary Housing Agreement. The Inclusionary Housing Agreement shall be a legally binding agreement between the Developer and the City, executed by the City Manager, or his or her designee, and in a form and substance satisfactory to the Executive Director and the City Attorney, and containing those provisions necessary to ensure that the requirements of this Article are satisfied, whether through the provision of Inclusionary Units or through an approved alternative method. (b) Discretionary approvals. No discretionary approval shall be issued for a Residential Project subject to this Article until the Developer has submitted an Inclusionary Housing Plan. (c) Issuance of Building Permit. No Building Permit shall be issued for a Residential Project subject to this Article unless the Executive Director has approved the 50A -17 LS 7.16.15 Inclusionary Housing Plan, and any required inclusionary Housing Agreement has been recorded. (d) Issuance of Certificate of Occupancy. A Certificate of Occupancy shall not be issued for a Residential Project subject to this Article unless the approved Inclusionary Housing Plan has been fully implemented. Sec, 41 -1906. Standards (a) Location within project, relationship to non - Inclusionary Units. All Inclusionary Units shall be: (1) Reasonably dispersed throughout the Residential Project; (2) Proportional, in number of bedrooms, gross floor area of habitable space, and location, to the market rate units; (3) Comparable to the market rate units included in the Residential Project in terms of design, materials, finished quality, and appearance; and (4) Permitted the same access to project amenities and recreational facilities, as are market rate units. (b) Timing of construction. All Inclusionary Units in a Residential Project shall be constructed concurrent with, or before the construction of the market rate units. If the City approves a phased project, a proportional share of the required Inclusionary Units shall be provided within each phase of the Residential Project. to meet the inclusionary affordable housing requirements of this ordinance the ofF site oroiect(s) containing the required inclusionary units shall be subject to the following requirements: (1) determining the number of required square feet of inclusionary housing 50A -18 LS 7.96.15 production. All new or rehabilitated units must meet all current zoning and general plan standards, (2) While the total number of square feet of inclusionary housinq requirement is calculated based on the requirements of this ordinance the number of units, Woe of affordable units mostly needed at the time of submittal of the application. terms of quality of design, materials and finishes (4) If tenants are displaced due to rehabilitation of housing to meet Inclusionary Unit requirement the Developer shall be responsible for relocation costs as required by State law. (5) No City Housing Authority, or public funds, subsidies, or participation of any kind shall be expended on the production or building of any inclusionary housing projects associated with meeting the Inclusionary Unit requirement. phased proiect a proportional share of the required InclusionarV_Units shall be provided within each phase of the Residential Project. (e) Units for sale. (1) Time limit for inclusionary restrictions. A unit for sale shall be restricted to the target income level group at the applicable affordable housing cost for a minimum of 45 5vears. (2) Certification of purchasers. The Developer and all subsequent owners of an Inclusionary Unit offered for sale shall certify, on a form provided by the City, the income of the purchaser. (3) Resale price control. In order to maintain the availability of inclusionary units required by this Article, the resale price of an owner occupied inclusionary Unit shall be limited to the lesser of the fair market value of the unit as established by a licensed real estate agent based upon three comparable properties or the restricted resale price. For these purposes, the restricted resale price shall be the applicable Affordable Housing Cost. 50A -19 (fl LS 7.16. 15 (4) Inheritance of Inclusionary Units. Upon the death of an owner of an owner - occupied Inclusionary Unit, title in the property may transfer to the surviving joint tenant or heir (in the case of the death of a sole owner or all owners of the household.) (5) Forfeiture. If an Inclusionary Unit for sale is sold for an amount in excess of the resale price controls required by this Section, the buyer and the seller shall be jointly and severally liable to the City for the entire purchase price of the unit. Recovered funds shall be deposited into the Inclusionary Housing Fund. Notwithstanding the foregoing, it shall be within the discretion of the E�eGtN DiTeuter City Council to allow the buyer and seller to cure any violation of the resale price controls within 180 days. Rental units. (1) Time limit for inclusionary restrictions. A rental unit shall remain restricted to the target income level group at the applicable affordable housing cost, for 55 years. (2) Certification of renters. The owner of any rental Inclusionary Units shall certify, on a form provided by the City, the income of all members of the household above the age of 18 at the time of the initial rental and annually thereafter. (3) Forfeiture. Any lessor who leases an Inclusionary Unit in violation of this Article shall be required to forfeit to the City all money so obtained. Recovered funds shall be deposited into the Inclusionary Housing Fund. (g) The Executive Director documents are required limited to promissory no' options to purchase, an Inclusionary Units, (h) General Prohibitions. may require the execution and recording of whatever to ensure enforcement of this Section; including but not =s, deeds of trust, resale restrictions, rights of first refusal, /or other documents, which shall be recorded against all (1) No person shall sell or rent an Inclusionary Unit at a price or rent in excess of the maximum amount allowed by any restriction placed on the unit in accordance with this Article. (2) No person shall sell or rent an Inclusionary Unit to a person or persons that do not meet the income restrictions placed on the unit in accordance with this Article. 50A -20 LS 7.16.15 (3) No person shall provide false or materially incomplete information to the City or to a seller or lessor of an Inclusionary Unit to obtain occupancy of housing for which that person is not eligible.. (i) Principal Residency Requirement. (1) The owner or lessee of an Inclusionary Unit shall reside in the unit for not less than ten out of every twelve months. (2) No owner or lessee of an Inclusionary Unit shall lease or sublease, as applicable, an Inclusionary Unit without the prior permission of the Executive Director. Sec. 41- 1907. Reserved •- iffpg. r- .. o c - Lgi x 50A -21 LS 7.16.15 6. D kr _ - t- :t .0 Sec. 41 -9908. Enforcement (a) Any violation of this Article constitutes a misdemeanor. (b) Forfeiture of funds. Any individual who sells or rents an Inclusionary Unit in violation of this Article shall be required to forfeit all money so obtained, Recovered funds shall be deposited into the Inclusionary Housing Fund. (c) Legal actions. The City may institute any appropriate legal actions or proceedings necessary to ensure compliance with this Article, including actions: (1) To disapprove, revoke, or suspend any permit, including a Building Permit, Certificate of Occupancy, or discretionary approval; and (2) For injunctive relief or damages. (d) Recovery of costs. In any action to enforce this Article, or an Inclusionary Housing Agreement recorded hereunder, the City shall be entitled to recover its reasonable attorney's fees and costs. Sec. 41 -1909. Inclusionary Housing Fund (a) Inclusionary Housing Fund. There is hereby established a separate fund of the City, to be known as the Inclusionary Housing Fund. All monies collected pursuant to this Article shall be deposited in the Inclusionary Housing Fund. Additional monies from other sources may be deposited in the Inclusionary Housing Fund. The monies deposited in the Inclusionary Housing Fund shall be subject to the following conditions: (1) Monies deposited into the Inclusionary Housing Fund must be used to increase and improve the supply of housing affordable to Moderate, Low, and Very Low, and Extremely Law Income Households in the City. Monies may also be used to cover reasonable administrative or related expenses associated with the administration of this Article. (2) The fund shall be administered by the Executive Director, or his or her designee, who may develop procedures to implement the purposes of the Inclusionary Housing Fund consistent with the requirements of this Article and any adopted budget of the City. 50A -22 LS 7.16.15 (3) Monies deposited in accordance with this Section shall be used in accordance with the City's Housing Element, Consolidated Plan, or subsequent plan adopted by the City Council to construct, rehabilitate, or subsidize affordable housing or assist other government entities, private organizations, or individuals to do so. Permissible uses include, but are not limited to, assistance to housing development corporations, equity participation loans, grants, pre -home ownership co- investment, pre - development loan funds, participation leases, or other public- private partnership arrangements. The Inciusionary Housing Fund may be used for the benefit of both rental and owner - occupied housing. Sec. 41 -1910. Administrative 31 2018 staff shall report on the effectiveness of this ordinance and provide nations for Council consideration on the components of this ordinance, including, but not limited to, the monetary amount of inclusionary in -lieu fee per square foot. (c) Administration Fees. The Council may by resolution establish reasonable fees and deposits for the administration of this Article including an annual monitoring fee and an inclusionary Housing Plan Submittal fee. compliance with the Inclusionary Housing Administrative Procedures, Property Residential Project. (e) Administrative Procedures. The City Manager is hereby authorized and directed to promulgate Administrative Procedures for the implementation of this Article, 50A -23 LS 7.16.15 SECTION 3. Santa Ana Municipal Code section 41 -1652 is hereby amended such that it reads as follows: Sec. 41 -1652. Applicability. The change of use of an existing, economically obsolete building into a new, more productive use such as apartments, condominiums or live /work units is permitted subject to compliance with the following standards: a) Eligibility. Projects must meet the following criteria to be an eligible Adaptive Reuse Project: Project site shall be located in one of the Project Incentive Areas, as defined in section 41- 1651(e). The building must be an Eligible Building, as defined in section 41- 1651(b). b) Development Standards. Adaptive Reuse Projects shall, at a minimum, be in compliance with the following development standards: 1. The residential units shall be a minimum of 500 square feet in size. 2. The ground floor of a multi -level building with three stories or more containing street frontage shall be used as commercial /retail space. 1 Common area spaces for the building, such as lobbies and recreation rooms, when located on the ground floor, may not exceed 50% of the ground floor square footage. 4. Open space shall be provided at a rate of 10 percent of the building square footage, and may be public or private and shall be disbursed throughout the building, At least 25 percent of the open space shall be in the form of a community /recreation room(s). The remaining open space may consist of private balconies (50 square feet minimum), pool and spa areas, and public courtyards. Public courtyards shall Include seating areas, enhanced landscaping, barbeque areas and other amenities as determined by the Planning Division. Historically Significant Buildings shall comply with chapter 30 of this Santa Ana Municipal Code, fagade easements and any other related historic guidelines, including the Secretary of the Interior Standards for any necessary exterior modifications. 50A -24 LS 7.16.15 C) Project Incentives. Adaptive Reuse projects that comply with the Development Standards are eligible for the following project incentives: The project can exceed the maximum general plan density for the site provided the Adaptive Reuse Project is in compliance with the development standards. 2. Existing building setbacks may remain and shall be considered legal nonconforming, but no further encroachments shall be permitted into any nonconforming setback. 3. The height of the structure, if it exceeds the maximum height of the zoning district, may remain and shall be considered legal nonconforming, and any rooftop construction shall be included within the height exemption. 4. A new loading zone shall not be required if the existing building does not have an existing loading zone. 5. New parking spaces shall not be required for any converted use within the building, but any new square footage that includes any new units shall require additional parking at a minimum rate of 2 spaces per unit. MIe s_a SECTION 4. Pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, the adoption of this ordinance is exempt from CEQA review pursuant to 14 California Code of Regulations section 15061, as there is no potential for causing a significant impact on the environment due to the adoption of the ordinance. As a result, Categorical Exemption Environmental Review No. 2015 -77 will be filed for this project. SECTION 5. If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared unconstitutional. 50A -25 LS 7.16.15 ADOPTED this day of 2015. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on 2015, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 50A -26 City of Santa Ana Inclusionary Housing Ordinance Update Stakeholder Participants (July 9, 2015 & July 13, 2015) NAME ORGANIZATION /COMPANY Blake Hopkins AMCAL Steve La Motte _ Building Industry Assoc., Orange County Mike Balsamo Building Industry Assoc., Orange County Todd Cottle C & C Development Barry Cottle C & C Development Kim Prijatel City Ventures Ryan Aeh City Ventures Roger Kinoshita Jamboree Housing Vicki Ramirez Jamboree Housing_ Andrew Mason Public Law Center Pamela Sapetto Sapetto Real Estate Solutions Tad Springer T. E. Springer Associates Cesar Covarrubias The Kennedy_ Commission Linda Tang The Kennedy Commission Julie Castaneda The Kennedy Commission Ryan Ogulnick Vineyards Development Corp. Amalia Orantes Maddy Spencer W41113Y 50A -27 50A -28 LS 9.'10.15 ORDINANCE NO, NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE XVIII.I OF THE SANTA ANA MUNICIPAL CODE REGARDING THE HOUSING OPPORTUNITY ORDINANCE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. On September 1, 2015, City Council recently updated the Housing Opportunity Ordinance (Ordinance No. NS -2881) to allow for more consistent implementation of the ordinance as well as to simplify the calculation of the in lieu fee. B. Upon review of the updated ordinance, a few additional areas were identified that warrant an amendment to the updated Housing Opportunity Ordinance. SECTION 2. The following sections of Article XVIII.I (Housing Opportunity Ordinance) are hereby amended as follows: Sec. 41.1902. Applicability and Inclusionary Unit Requirements (a) Applicability. The requirements of this Article shall apply to any new Residential Project located within the City, including new construction, and condominium conversions which exceed the General Plan prescribed densities. (b) Applications. The requirements of this Article shall apply to any new Residential Project proposed in connection with an application to do any of the following: (1) Increase the permitted residential density of the subject property above the density permitted bypplicable zoningt- the time of the appiicatien. - The - -- inclusionary requirements shall only apply to the incremental increase in the number of units beyond that which is allowed by the applicable zoning. (2) Increase in the permitted residential density or percentage of residential development allowed due to City initiated zone changes after November 28, 2011. (3) Increase the permitted percentage of residential development allowed for a mixed -use development above the percentage at the time of the application. Exhibit B Ordinance No, 2015 -XXX Page 1 of 5 50A -29 LS 9.10.15 The inclusionary requirements shall only apply to the incremental increase in the number of units beyond that which is allowed by the applicable zoning. (4) Approval of new projects in an overlay zone site plan permitting residential land uses pursuant to Division 28 of this Chapter. (5) Convert rental units to condominium ownership. The inclusionary requirements shall only apply to the incremental increase in the number of units beyond that which is allowed by the applicable zoning. (c) Units for sale. If the new Residential Project consists of units for sale, then a minimum of 15- percent of the total number of units in the project shall be sold or rented to Low Income Households. (d) Rental units. If the new Residential Project consists of rental units, then a minimum of 15- percent of the units shall be rented to Low - Income Households, or 10- percent rented to Very Low- Income Households. (e) Rounding of quantities in calculations. In calculating the required number of Inclusionary Units, fractional units shall be rounded -up to the next whole unit. The Developer may choose to pay an in -lieu fee set forth in Section 41- 19O4(c) for the fractional units, which shall be calculated based on the number of habitable square feet applicable in each case. (f) Displacement of existing Inclusionary Units. Notwithstanding any other provision of this Article, any Residential Project subject to this Article that results in the displacement of Very Low and /or Low Income Household(s) shall be required to provide on -site Inclusionary Units as required by this Article. (g) Compliance with Article. All Inclusionary Units required by this Article shall be sold or rented in compliance with this Article. Sec. 41.1904.1. Inclusionary Housing Development Incentives For Production of Units (a) In order to make the production of new Inclusionary Units on -site or off -site or off - site rehabilitated units, certain incentives, standards and concessions shall be allowed and prescribed as set forth herein below. Such concessions shall not be units. The Developer may opt to take advantage of up to two (2) concessions among the following possible concessions: Ordinance No, 2015 -XXX Page 2 of 5 50A -30 LS 9.10.15 (1) Parking Concession: one (1) on -site parking space for each 0 -1 bedroom unit; two (2) on -site parking spaces for each 2 -3 bedroom unit; 2'/2 parking spaces for each 4 or more bedroom unit. (2) Concession on one of the following Zoning Code site development standards: (i) Setback reduction of up to 25% reduction on subject property; (ii) Height increase of up to 20 additional feet; (iii) Density Bonus such that: a) An applicant must select only one housing affordability income level to merit a density bonus. A combination of affordable housing income levels is not permitted to be combined to increase the amount of density bonus. b) For each 1 percent increase above 15 percent in the percentage of units affordable to low income households, the density bonus shall be increased by 1.5 percent up to a maximum of 35 percent. c) For each 1 percent increase above 10 percent in the percentage of units affordable to very low income households, the density bonus shall be increased by 2.5 percent up to a maximum of 35 percent. Sec. 41 -1910. Administrative (a) In -Lieu Fee Calculation. The amount per square foot of the inclusionary housing in- lieu fee shall be subject to City Council review and consideration before the end of calendar year 2018, but after June 30, 2018. Between July 1, 2018 and December 31, 2018, staff shall report on the effectiveness of this ordinance and provide options for Council consideration on the components of this ordinance, including, but not limited to, the monetary amount of inclusionary in -lieu fee per square foot. (b) Pipeline Projects. The applicant(s) of any project for which a site plan review application was submitted and such application was deemed complete prior to August 4, 2015 may either construct the inclusionary units pursuant to the prior calculated by the formula under the prior Housing Opportunity Ordinance (Ordinance No. NS -2825) or request to revise its Inclusionary Housing Plan and /or Inclusionary Housing Agreement and pay an in -lieu fee of Lg.35 $4,5:89 per square foot of habitable space for the entire Project's inclusionary housing obligation. (c) Administration Fees. The Council may by resolution establish reasonable fees and deposits for the administration of this Article including an annual monitoring fee and an Inclusionary Housing Plan Submittal fee. Ordinance No. 2015 -XXX Page 3 of 5 50A -31 LS 9.10.15 (d) Monitoring /Audits. At the time of initial occupancy, and annually thereafter, the City will monitor the Project to ensure that the income verifications are correct and in compliance with the Inclusionary Housing Administrative Procedures. For ownership units, the City shall monitor to verify that owner - occupancy requirements are maintained. Developer /Property owners are required to cooperate with the City in promptly providing all information requested by the City in monitoring compliance with program requirements. The City will conduct periodic random quality control audits of Inclusionary Units to assure compliance with rules and requirements. Such audits may include verification of continued occupancy in Inclusionary Units by eligible tenants, compliance with the Inclusionary Housing Plan and Agreement, and physical inspections of the Residential Project. (e) Administrative Procedures. The City Manager is hereby authorized and directed to promulgate Administrative Procedures for the implementation of this Article. SECTION 3, Pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, the adoption of this ordinance is exempt from CEQA review pursuant to 14 California Code of Regulations section 15061, as there is no potential for causing a significant impact on the environment due to the adoption of the ordinance. As a result, Categorical Exemption Environmental Review No. 2015 -_ will be filed for this project. SECTION 4. If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared invalid or unconstitutional. ADOPTED this day of September 2015. APPROVED AS TO FORM: Sonia Carvalho, City Attorney Lisa Storck Assistant City Attorney Miguel A. Pulido 50A -32 Ordinance No. 2015 -XXX Page 4 of 5 LS 9.10.15 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on 2015, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 50A -33 Ordinance No. 2015 -XXX Page 5 of 5 50A -34 ` F 0 r. 4 , 0 CITY COUNCIL MEETING DATE; SEPTEMBER 15, 2D15 TITLE; EMERGENCY ORDINANCE ADOPTING A 45 DAY MORATORIUM ON THE ESTABLISHMENT OF ANY SHORT- TERM RESIDENTIAL RENTAL USE {STR TEGIC P N NO.S, 4} CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 5J »i %W ❑ As Recommended rj As Amended 0 Ordinance on 1" Reading Ordinance on 2nd Reading 0 Implementing Resolution Cl Set Public Hewing For CONTINUED TO FILE NUMBER Approve an emergency ordinance adopting a 45 -day temporary moratorium on the establishment or expansion of any short term residential rental use, in recent years, there has been an increased popularity of "home- sharing" and other short -term vacation rentals through the use of web -based companies such as Airbnb, Vacation Rentals by Owner (VRBO), and Homeaway. These sites allow property owners to rent their homes or apartments as an alternative travel accommodation while providing homeowners or renters with additional income. Homes or rooms are typically listed by location and pay a percentage of their income to the host company. Current provisions of the Santa Ana Municipal Code (SAMC) do not clearly define or identify short -term rentals as a permitted use in a residential zone. Further, staff has received numerous complaints from residents and neighborhood representatives related to impacts from short -term rental uses such as noise, on- street parking supply, increased traffic and other impacts affecting the quality of life in the community. Short -term rentals have resulted in increased Code Enforcement complaints and frustration for both the nearby residents and property owners who wish to offer these types of short -term rentals. As such, staff needs time to analyze the Santa Ana Municipal Code to review, study and revise the existing Code in order to respond to recent concerns relating to the impacts of short -term residential rentals in the City, The proposed interim ordinance will prohibit the establishment of any short -term residential rental for a 45-day time period, During the 45 -day interim ordinance period, a zoning study will be performed which will assist in the preparation of a permanent ordinance for this use, An update on further study of this issue and a public hearing to consider a permanent ordinance will be scheduled for the October 20, 2015 City Council meeting. 50B -1 Short -Term Residential Rental Moratorium September 15, 2015 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Coal No, 5, Community Health, Livability, Engagement and Sustainability, Objective No, 4 (support neighborhood vitality and livability), FJCAL IMEArgI There is no fiscal impact associated with this action, Ir Hassan Hagh ni, Al UP Executive Director Planning and Building Agency VC:rb vo \reports \S hortTermRosltlentla lRentala,44Moratorlu in 50B -2 LS 9. 8.15 ORDINANCE NO. NS -XXX AN EMERGENCY ORDINANCE OF THE CITY OF SANTA ANA ADOPTING A 45 -DAY TEMPORARY MORATORIUM ON SHORT -TERM RESIDENTIAL RENTAL USES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of Santa Ana hereby finds, determines and declares as follows: A. The growing popularity of "home- sharing" and other short -term vacation rentals, through the use of internet -based companies such as Airbnb, Vacation Rentals by Owner ( "VRBO ") and Homeaway, allow individual homeowners, landlords, and tenants to list homes, apartments, and rooms for rent. B. The current provisions of the Santa Ana Municipal Code ( "SAMC') do not clearly identify short -term residential rental uses or take into account the potential impacts associated with the establishment of short -term rentals within existing residential zones. As such, provisions of the Santa Ana Municipal Code ( "the Code ") require review, study, and possible revision in order to respond to recent concerns relating to the impacts of these short -term rental uses in the City. C. Given these concerns, the City Council hereby requests that a study be undertaken of the current provisions of Chapter 41 of the Municipal Code to address short -term residential rentals and determine whether such uses should be permitted in the City, and if so, where such uses should be permitted and under what conditions. D. Based on the foregoing, the City Council finds that issuing permits, business licenses, or other applicable entitlements to individuals wishing to use their property for the purposes of a short -term residential rental, prior to the City's completion of its study of the potential impact of such short -term residential rentals, would pose a current and immediate threat to the public health, safety, and welfare, and that a temporary moratorium on the issuance of such permits, licenses, and entitlements is thus necessary. E. If a short -term residential rental use is permitted in the City without further review and potential regulation, it will pose a serious threat to the public interest, health, safety and welfare for the following reasons: Residents living near unregulated short -terra residential rentals are impacted by such uses' excessive noise, which affects the quality of life for surrounding residents, on- street parking impacts, nuisance conditions and traffic in and around these uses. Ordinance No. NS - _ Page 1 of 4 50B -3 F. Prevention of detrimental impacts to residents, the public interest, health, safety and welfare requires the immediate enactment of this ordinance. The absence of this ordinance will create a serious threat to the orderly and effective implementation of any code amendments, general plan amendments or specific plan amendments which may be adopted by the City; short -term residential rental uses may be in conflict with or frustrate the contemplated updates and revisions to the Code. Moreover, permitting such uses during said studies and implementation would create impacts on the public health, safety and welfare that the city council, in adopting this ordinance, has found to be unacceptable. G. The Request for Council Action for this ordinance dated September 15, 2015 and duly signed by the Executive Director of the Planning and Building Agency shall, by this reference, be incorporated herein, and together with this ordinance, any amendments or supplements, and oral testimony constitute the necessary findings for this ordinance. H. The city council finds, determines and declares that the current and immediate threat to the public health, safety and welfare of the city and its citizens necessitates the immediate enactment of the ordinance. The facts constituting such urgency are set forth in paragraphs A -H of this ordinance. Section 2. No short -term residential rental is permitted in a residential zone as defined in Article I of Chapter 41 of the Code. Section 3. Any ordinance declared by the City Council to be necessary as an emergency measure for preserving the public peace, health and safety, and containing a statement of the reasons for its urgency, may be introduced and adopted at one and the same meeting if passed by the affirmative votes of at least two- thirds (2/3) vote of the City Council members pursuant to Section 415 of the City Charter and shall be immediately effective pursuant to Section 417 of the City Charter. Further, California Government Code Section 65858 authorizes the City Council to adopt an interim urgency ordinance, without following the procedures otherwise required for the adoption of an ordinance, to protect the public safety, health, and welfare, prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City Council, Planning Commission or the planning division is considering or studying or intends to study within a reasonable time. Section 4. This ordinance shall have no further force and effect forty -five (45) days from the date of its adoption; unless, however, after public hearing the City Council members, by two- thirds (2/3) vote, extend this ordinance for an initial period of ten (10) months and fifteen (15) days and thereafter, after public hearing, the City Council members, by two- thirds (2/3) vote, extend this ordinance one more year. Ordinance No. NS - Page 2 of 4 50B -4 Section 5. It shall be unlawful and a misdemeanor for any person to violate or fail to comply with any provision of the ordinance. The violation of any provision of this ordinance shall be punished as provided in Section 1 -8 of the Code. Section 6. If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared invalid or unconstitutional. Section 7. The Clerk of the Council shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. Section 8. This ordinance is introduced, passed and adopted at one and the same meeting and is thereafter immediately effective. The city council finds that this ordinance is necessary to protect the public safety, health and welfare. The reasons for the emergency are set forth in Section 1, paragraphs A -H, inclusive of this ordinance. ADOPTED this 15'" day of September 2015. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck, Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: Miguel A. Pulido Mayor 50B -5 Ordinance No. NS - _ Page 3 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on September 15 2015, Date: Ordinance No. NS - _ Page 4 of 4 Clerk of the Council City of Santa Ana MEW REQUEST FOR COUNCIL ACTION CiTY COUNCIL MEETING DATE. SEPTEMBER 15, 2015 TITLE: RECOMMENDED ACTION O COUNCIL APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 20' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Reaffirm a resolution to designate the City of Santa Ana as a Recycling Market Development Zone as a participant in the Orange County Recycling Market Development Zone under the lead designation of the City of Huntington Beach. 2. Authorize the City Manager to forward the Resolution to the City of Huntington Beach for Inclusion in the regional Recycling Market Development Zone application to CalRecycle. DISCUSSION On July 7, 2015, the City Council adopted a resolution to designate the City of Santa Ana as a Recycling Market Development Zone (RMOZ) participant In the Orange County Recycling Market Development Zone under the lead designation of the City of Huntington Beach, Since the adoption of the resolution, the cities of Mission Viejo and Placentia have opted not to participate in the RMDZ. In addition, the unincorporated area of Orange County is now part of the Orange County RMDZ. Due to these changes, the City of Santa Ana will need to reaffirm the adoption of the resolution to designate the City as part of the RMDZ. As the lead agency, the City of Huntington Beach will be submitting the joint application for the Orange County Recycling Market Development Zone to CalRecycle in mid to late October, 2016, STRATEGIC PLAN ALIGNMENT Approval of this Item supports the City's efforts to meet Coal #3 Economic Development, Objective #3, (Promote a solutions -based customer focus in all efforts to facilitate development and investment in the Community), Strategy C (Explore opportunities to encourage a business friendly environment within the city through the reduction of non - essential regulatory 55A -1 Reaffirm Resolution to Designate Santa Ana as a RMDZ September 15, 2015 Page 2 requirements, Improved coordination between agencies for development review and addition of monetary Incentives). FISC& IMPACT There is no fiscal impact associated with this action. Keay R ®e ae s Executive Director Community Development Agency KR/MM/11 Exhibit; 1. Resolution V Frei Mousavipour��� Executive Director Public Works Agency 55A -2 ROH: 09/15/15 RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO DESIGNATE THE CITY OF SANTA ANA AS A RECYCLING MARKET DEVELOPMENT ZONE (RMDZ) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Public Resources Code section 42010 provides for the establishment of the Recycling Market Development Zone (RMDZ) program throughout the State, which provides incentives to stimulate development of post - consumer and secondary materials markets for recyclables. B. Pursuant to the California Integrated Waste Management Act of 1989 (AB 939), all California jurisdictions must meet a 50% reduction in landfill waste disposal. C. The development of local markets for recycled materials would reduce the need to transport such materials out of the region in the future. D. The current and proposed waste management practices and conditions are favorable to the development of post - consumer and secondary waste materials markets. E. The cities of Santa Ana, Huntington Beach, Garden Grove, Orange, and Stanton, as well as unincorporated Orange County, intend to submit a joint application to CalRecycle requesting designation as a countywide RMDZ dedicated to establishing, sustaining and expanding recycling -based manufacturing businesses, which is essential for market development and to assist these jurisdictions in meeting the established landfill waste reduction goals. F. As the lead agency for the application, the City of Huntington Beach conducted the environmental analysis and will submit the application to CalRecycle by October 2015. G. In accordance with the California Environmental Quality Act (CEQA), the City of Huntington Beach, as the lead agency, found that the designation of the RMDZ is exempt from CEQA. On the basis of the entire record Resolution No. 2015- 55A -3 before it, the City of Huntington Beach found that there was no substantial evidence that the requested designation as a RMDZ will have a significant effect on the environment, and therefore will file a Notice of Exemption with the County of Orange Recorder and the California Office of Planning and Research. H. In order for the City to be designated as a RMDZ, the State program requires that cities adopt a resolution approving the designation and participation in the program, which is then included in the application to CalRecycle by the lead agency. I. The designation as a RMDZ is necessary to facilitate local and regional planning, coordination, and support existing and new recycling -based manufacturing businesses, as well as the attraction of private sector recycling investments to the RMDZ. J. RMDZ designation would make existing and new recycling -based manufacturing businesses located within the proposed zone eligible for the technical and financial incentives associated with the RMDZ program. K. Local governing bodies may receive RMDZ program related payments as authorized by the Public Resources Code. L. The California Legislature has defined environmental justice as "the fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations and policies" (Government Code section 65040.12(e)), and has directed the California Environmental Protection Agency to conduct its programs, policies, and activities that substantially affect human health or the environment in a manner that ensures the fair treatment of people of all races, cultures, and income levels, including minority populations, and low income populations of the State (Public Resources Code section 71110(a)). M. CalRecycle, in its Strategic Plan, has adopted a goal to continuously integrate environmental justice concerns into all of the Department's programs and activities. Section 2. Based upon the information provided herein and at the hearing on this matter, the City Council of the City of Santa Ana hereby: Approves the City of Santa Ana as a participant in the Orange County Recycling Market Development Zone, which includes the cities of Santa Ana, Huntington Beach, Garden Grove, Orange, and Stanton, as well as unincorporated Orange County, under the lead designation of the City of Huntington Beach; Resolution No. 2015- 55A -4 Authorizes the City Manager to forward the Resolution to the City of Huntington Beach for inclusion in the regional Recycling Market Development Zone application to CalRecycle; and, - Approves receipt of any Recycling Market Development Zone related payments authorized by the Public Resources Code. The City Manager or his or her designee is hereby authorized to execute in the name of the City of Santa Ana all documents necessary to secure payment and implement the associated activities. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated September 15, 2015, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2015. APPROVED AS TO FORM: Sonia R. Carvalho City A r gy A R AYES: w Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor 55A -5 Resolution No. 2015- CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2015- to be the original resolution adopted by the City Council of the City of Santa Ana on September _, 2015. Date: Resolution No. 2015- Clerk of the Council City of Santa Ana 'P�PM REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2015 TITLE: FY2015 HOMELAND SECURITY GRANT PROGRAM APPROPRIATION ADJUSTMENT AND RELATED AGREEMENTS (STRATEGIC PLAN NO. 1, 2 & 6) C /'7, CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Adopt a resolution authorizing the City Manager, and the Chief of Police, or his designee(s) to execute a three- year grant award agreement with the State of California, California Governor's Office of Emergency Services for the FY2015 Urban Areas Security Initiative funding program in the amount of $4,400,000. 2. Authorize the Chief of Police and the Clerk of the Council to enter into reimbursement agreements for equipment, services, or training with the County of Orange or any of the cities located in the designated Anaheim /Santa Ana Urban Area. 3. Approve an Appropriation Adjustment recognizing $4,400,000 in the FY 2015 Urban Areas Security Initiative revenue account (no. 12514002- 52001) and appropriate same to expenditure accounts (nos. 12514407 - various). DISCUSSION The United States Department of Homeland Security (DHS) has developed the Urban Areas Security Initiative funding program (UASI). UASI provides funds to local emergency first responders to enhance security and overall preparedness to prevent, respond to, and recover from acts of terrorism. The grant specifically provides funding for anti - terror equipment, planning, training, exercises and technical assistance. In FY 2006 the United States Department of Homeland Security (DHS) combined the Anaheim UASI and the Santa Ana UASI into a single Urban Area. The City of Santa Ana will continue to be designated as an Urban Area Core City and will share grant administrative responsibilities with the 55B -1 Homeland Security Grant Program September 15, 2015 Page 2 City of Anaheim. The City of Santa Ana Police Department has worked with the City of Anaheim, the County of Orange, and cities within the Anaheim /Santa Ana Urban Area to determine current capabilities and needs and have established goals and objectives for the Anaheim /Santa Ana Urban Area. The Police Department will work in collaboration with the City of Anaheim to develop projects and implement complimentary strategies for responding to acts of terrorism. Total funding for the UASI Grant Program is established through an Appropriation Act set forth by Congress. Award amounts for each Urban Area are determined using a methodology assessing relative risk of terrorism, in accordance with the 9/11 Act. Over the years, Congress has steadily decreased the amount of funding allocated to DHS and subsequently the UASI Grant Program. As a result, the total number of Urban Areas and the award amounts have been greatly reduced. Santa Ana's award amount has steadily decreased from a high of $25,254,334 in 2004 to the current FY 2015 award of $4,400,000. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #1 Community Safety, Objective #2 and #6; (Broaden communications, information sharing and community awareness of public safety activities, and Enhance public safety integration, communications, and community outreach.) FISCAL IMPACT The Appropriation Adjustment will recognize $4,400,000 in the FY 2015 Urban Areas Security Initiative revenue account (no. 12514002- 52001) and appropriate same to expenditure accounts (nos. 12514407- various). The funds will be appropriated within each fiscal year as follows: FY2015/2016 $304,505, FY2016/2017 $3,882,000 and FY2017/2018 $213,495. Carlos Rojas Chief of Police Santa Ana Police Department Exhibit: 1. Resolution APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgt. Services Agency 55B -2 Ir 8.15,15 RESOLUTION NO. 2015 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND THE CHIEF OF POLICE OR THEIR DESIGNEE(S) TO ENTER INTO AN AGREEMENT WITH THE STATE OF CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES FOR THE FY2015 URBAN AREA SECURITY INITIATIVE FUNDING PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The United States Department of Homeland Security has developed the Urban Areas Security Initiative funding program (UASI). UASI provides funds to local emergency first responders to purchase equipment, planning, training, exercises and technical assistance to enhance security and preparedness to prevent, respond to, and recover from acts of terrorism. B. In FY 2006 the United States Department of Homeland Security combined the Anaheim and Santa Ana Urban Areas into a single Urban Area, and provided for shared administrative responsibilities between Santa Ana and Anaheim. In FY 2015 the City of Santa Ana is the lead administrative agency for UASI funding. C. The City of Santa Ana has been awarded funding from the California Governor's Office of Emergency Services for the fiscal year 2015 UASI in the amount of $4,400,000. Section 2. The City Council of the City of Santa Ana hereby authorizes and directs the City Manager and the Chief of Police or their designee(s) to enter into an agreement with the State of California Governor's Office of Emergency Services for the FY 2015 Urban Areas Security Initiative funding program in the amount of $4,400,000. Section 3. The City Council of the City of Santa Ana hereby authorizes and directs the City Attorney's Office to prepare and authorize the Chief of Police and the Clerk of the Council to enter into reimbursement agreements for equipment, services, or training with the County of Orange or any of the cities located in the designated Anaheim /Santa Ana Urban Area. Resolution No, 2015 -XXX 55B -3 Page 1 of 2 Section 4. The City Council of the City of Santa Ana hereby approves an Appropriation Adjustment recognizing the FY 2015 Urban Area Security Initiative in the amount of $4,400,000 and appropriates same in the FY 2015 Urban Area Security Initiative Program Grant expenditure accounts. Section 5. This Resolution shall take effect immediately upon its adoption by the City Council and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this _ day of September, 2015. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By. Ow�at�nJl� 1 Laura A. Rossini Senior Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2015 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2015 -XXX Page 2 of 2 55B -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE, TITLE; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING THE DONATION OF TEN ANTIQUE - STYLE STREETLIGHT POLES FROM THE FLORAL PARK NEIGHBORHOOD ASSOCIATION {STR EG PAN NO, 6, 1C) cam. CITY MANAGER CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO 3DWVU& 7 Adopt a resolution authorizing the acceptance of the donation of ten antique -style streetlight poles by the Floral Park Neighborhood Association to replace ten remaining non - antique -style streetlight poles in the Floral Park Neighborhood, DISCUSSION In 1927, the Floral Park Neighborhood was one of the first neighborhoods in 'the City to Install streetlights. The entire neighborhood, with the exception of 1 1/2 blocks of Heliotrope Avenue, was outfitted with vintage style streetlights, In 1953, the City installed ten non - antique style streetlights on the remaining 1 1/2 half blocks of Heliotrope Avenue (Exhibit 1), These streetlights do not match the historic aesthetics of the neighborhood. Consequently, the Floral Park Neighborhood Association raised the funds to cover the cost of purchasing ten antique -style streetlight poles. Approval of this recommended action will allow the City to accept the donation of ten antique - style, reproduction cast iron streetlight pales from the Floral Park Neighborhood Association, valued at $42,250. The Floral Park Neighborhood Association will purchase the new streetlight poles and donate them to the City so that they may be installed under the City's current streetlight project in that neighborhood. STRATEGIC PLAN ALIGNMENI Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City 55C -1 Resolution — Accept [donation of Ten Streetlight Poles from Floral Park Neighborhood Association September 15, 2016 Page 2 assets), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's Investment and support a high quality of life standard). ENVIRONMENTAL IMPACT There is no environmental impact related to this action, ,FI,SCAL IMPACT There is no fiscal impact related to this action. Y-) P 1, red Mousevipour Executive Director Public Works Agency FM1EWGCKW Exhibits: 1. Streetlight Photos 2, Resolution 55C -2 � � ae�x iyk b ee R Y� ' � �A 2 •y �. # �_C f � � "L,� �'8 55C -4 Jxs 08/21/15 RESOLUTION NO. 2015 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING THE DONATION OF TEN HISTORICAL REPRODUCTION STREETLIGHT POLES FROM THE FLORAL PARK NEIGHBORHOOD ASSOCIATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. WHEREAS, in 1927 the Floral Park Neighborhood was one of the first neighborhoods in the City of Santa Ana to have electric streetlights installed; and B. WHEREAS, the entire Floral Park Neighborhood with the exception of a one and one half block of Heliotrope received the installation of the original cast iron streetlights; and C. WHEREAS, the section of Heliotrope that did not receive the original streetlights received a different type of streetlight in 1953 which is different in appearance from the rest of the Floral Park Neighborhood; and D. WHEREAS, the Floral Park Neighborhood Association has long desired to replace the fixtures and has voted to purchase ten historical reproduction cast iron streetlights valued at $42,250.00; and E. WHEREAS, the Floral Park Neighborhood Association would like to donate these newly acquired streetlights to the City of Santa Ana so that the City can install said lights by City contractors, Section 2. The City Council of the City of Santa Ana hereby accepts the ten historical reproduction cast iron streetlights from the Floral Park Neighborhood Association in "as -is" condition. Section 3. If any surcharge or fee, section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed Resolution No. 2015 -XXX Page 1 of 2 55C -5 and adopted this Resolution, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of September, 2015. Miguel A. Pulido Mayor APPROVED AS TO FORM: SONIA R. CARVALHO City Attomey� B _ Jo§ SLndoval C ' Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2015 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No, 2015 -XXX Page 2 of 2 Clerk of the Council City of Santa Ana 55C -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2015 TITLE: APPROVE CALENDAR OF CITY COUNCIL MEETINGS AND COUNCIL COMMITTEE MEETINGS FOR 2016 (STRATEGIC PLAN NO. 5, 1) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY. APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on It Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve the calendars of regularly scheduled City Council meetings and for Council Committee meetings in 2016. 2. Direct the Clerk of the Council to post a Notice of Cancellations for the January 5, July 19 and November 1, 2016 regularly scheduled City Council meetings. The City Council hereby waives notice of said meetings as required by the government code. Attached are calendars of regularly scheduled City Council Meetings and Council Committee Meeting for the incoming year. The regular City Council meetings scheduled for January 5, July 19 and November 1, 2016 are being recommended for cancellation, consistent with past practice. The Council will resume consideration of regular Council items at their next regular scheduled meeting. The City Council reserves the right to cancel any other meetings and notify the public as legally required. The calendars will be posted on the City's website to better inform the public of upcoming meetings. City Council Meetings are held in the Council Chamber, 22 Civic Center Plaza, Santa Ana, CA. Council Committee meeting locations vary; please check the agenda for meeting time and location. STRATEGIC PLAN Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). 65A -1 2016 Council Meetings September 15, 2015 Page 2 FISCAL IMPACT There is no fiscal impact associated with this item. Maria D. Huizar, Clerk of the Council Attachments: A) Calendar of City Council Meetings 6) Calendar of Council Committee Meetings 65A -2 0) r V h C G V r U � c N 0 U U 0 C Q 0 C a N N b ON N W N N P N � N K m b m O N to N Y LL Q ' . a O 3 YI m N N Z N N P i i� K m m Q P N N i W 1O 3 b P N h N N m N N b ON N W N N P N � N K m O w p Z 3 O N N tV <■ N N N P N < � N 1LL o m a N P N m OJ N N N `N b m O N to N Y N a O 3 YI m N N Z N N P ~ i� K m m Q P N N i W 1O 3 b N P O O w p Z 3 O N N tV <■ N N N P N < � N 1LL o m a N P N m OJ N N N `N ON N N P - W N N -IN P :�I_W�2N b m O N to N N .LL N'�110�1 -•N � N N 0 N N N P ~ i� K m m Q P N N i W 1O 3 b N P O O ^ N m N ON N N P - W N N -IN P :�I_W�2N N to N N .LL N'�110�1 LL 0 N N N P ~ i� K m m w i P N N i W 1O 3 b N P O N N ON N N P - W N N -IN P :�I_W�2N 65A -3 N to N N LL LL 0 N O ^ ~ i� K < � N m w i P N N !Y or o n 1O 3 b W^ N 65A -3 ^ N m o ^ �yqy� Q _ o m o N P N m 0 U Y 0 Q O 3 U Z O U U G < O Y � u j N to N LL N P N <+I O ^ ~ m N K O m w i ^ � N N w 1O it N ^ N m o ^ �yqy� Q _ o m o N P N m 0 U Y 0 Q O 3 U Z O U U G < O Y � u j N to N O ^ F K' m N mi Z ^ N m o ^ �yqy� Q _ o m o N P N m 0 U Y 0 Q O 3 U Z O U U G < O Y � u j 65A -4 § {\ E C-4 \ u k \ \�\ „_ \ \ \ }\ ! \� \�\ ! , :,■ \ \� \� \ \\/ > �e� §SA.S T U « �!, » „!,» ® ` I !\ \ \ \ }\ ! \� \�\ ! , :,■ \ \� \� \ \\/ > �e� §SA.S T U « �!, » „!,» !\ \ \\ |§ A u \\ 65A -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2015 TITLE: PUBLIC HEARING - RESOLUTION MODIFYING THE FY 2015 -16 MISCELLANEOUS FEE SCHEDULE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on Vt Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution to modify the Fiscal Year 2015 -16 Miscellaneous Fee Schedule; specifically to reduce expired meter parking citation fines to $40; and add three new administrative fees related to the oversight and implementation of the Housing Opportunity Ordinance. 2. Approve an appropriation adjustment recognizing estimated inclusionary housing administrative fees in the amount of $7,470 in the Inclusionary Housing Fund revenue account and appropriating the same in expenditure accounts. DISCUSSION The Miscellaneous Fee Resolution is comprised of various fees associated with city services, building fees, and enterprise fees. These fees are intended to recover to the extent possible the costs associated with delivering the required services. The Fiscal Year (FY) 2015 -16 Miscellaneous Fee Schedule was adopted by the City Council during the FY 2015 -16 budget process. Since the establishment of the FY 2015 -16 Miscellaneous Fee Schedule, it has become necessary to review and adjust the costs of providing some of the programs, activities and applications (Exhibit 1). On August 4, 2015, the City Council adopted the Downtown Enhancements and Parking Modernization Plan to address the need to modernize parking structures, enhance public amenities, and address deferred maintenance in the Downtown. The plan represents the collaborative efforts and consensus between Downtown stakeholders and City staff. Feedback from stakeholder participants included a recommendation to address expired meter parking citation fines. In response, it was recommended that the fines for expired meter be reduced from $56 and $47, respectively to $40. Reducing the citation amount encourages a business friendly Downtown. The reduction in expired meter parking violations will be effective on October 1, 2015 to coincide with the implementation of new parking meter rates. 75A -1 Resolution to Modify FYI 5-16 Miscellaneous Fee Schedule September 15, 2015 Page 2 adopted the Housing Opportunity Ordinance which requires projects meeting a certain criteria to provide a minimum of 15 percent of total units as affordable housing units withimthe project, or meet the requirement through alternative methods. Proposed amendments to the Housing Opportunity Ordinance will not impact the proposed administrative fees. The proposed administrative fees for the Housing Opportunity Ordinance are to cover the administration and oversight of the Ordinance. These fees include the following: - Inclusionary Housing Plan Submittal Fee ($250 per submittal) will cover the necessary staff time to review, approve and execute submitted housing plan. Staff time also includes the preparation of inclusionary housing agreements for each submitted project. - Initial Sale of Ownership Units ($310 per unit) will be required at the time of initial sale of each inclusionary ownership unit to a qualified homebuyer. The proposed fee will be used for necessary staff time to review and approve qualified homebuyer applications for the inclusionary units. - Annual Rental Monitoring Fee ($100 per unit) will be required for rental inclusionary units for staff time to ensure monitoring and compliance with the inclusionary agreements, including inspections of the units and tenant file review. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #4 City Financial Stability, Objective #2 (provide a reliable five -year financial forecast that ensures financial stability in accordance with the strategic plan), Strategy A (adopt a budget that is in alignment with the financial forecast and strategic plan). Approval of this item supports the City's efforts to meet Goal #3 Economic Development, Objective #4 (continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse, shopping, dining, and entertainment destination), Strategy #B (create a comprehensive program to manage parking that includes innovative strategies to provide parking, create revenue and enhance accessibility in the downtown). Approval of this item also supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement and Sustainability, Objective #3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods), Strategy #B (ensure compliance with the City's Housing Opportunity Ordinance by requiring rental and ownership housing projects that meet specified criteria provide a minimum of 15% affordable units). 75A -2 Resolution to Modify FY15 -16 Miscellaneous Fee Schedule September 15, 2015 Page 3 FISCAL IMPACT In fiscal year 2015 -16, the proposed expired parking meter citation decrease will result in an estimated reduction of $132,857 to Parking Fines account (no. 02710002 - 55000). Upon approval of the appropriation adjustment in fiscal year 2015 -16, the proposed inclusionary housing administrative fees will result in estimated revenues of $7,470 in the Inclusionary Housing Fund Miscellaneous Service Charge revenue account (no. 41718002 - 53902) and appropriate the same in the Inclusionary Housing Fund expenditures accounts (no. 41718820 - various). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency AR J * wws* Kelly Ree4ders Executive Director Community Development Agency Exhibits: 1. Amended Miscellaneous Fee Schedule FY 2015 -16 2. Proposals to Modify Existing Fees 3. New Miscellaneous Fees 4. Resolution 75A -3 75A -4 RESOLUTION 2015 -XXX EXISTING PROPOSED REVENUE FY 15-16 FY 1546 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES CHANGE SECTION X POLICE DEPARTMENT 55000 Parking in metered space time expired or beyond max, time Pursuant to SAMC Sec. 36- 402(1) Each 56.00 40.00 - 28.57% 55000 Use metered spaces when meter indicates unlawful parking Pursuant to SAMC See, 36-432(l 1) Each 47.00 40.00 SECTION 11 COMMUNITY DEVELOPMENT AGENCY 53902 Inclusionary, Housing Plan Submittal Fee per submittal N/A 250.00 N/A 53902 Initial Sale of Ownership Units per unit N/A 310.00 N/A 53902 Annual Rental Monitoring Fee per unit N/A 100.00 N/A Exhibit 1 75A -5 75A -6 PROPOSALS TO MODIFY EXISTING FEES POLICE DEPARTMENT 1) Parking in metered space time expired or beyond max. time Pursuant to SAMC Sec. 36- 402(1) Existing Fee: $56.00 Proposed Fee: $40.00 Use metered space when meter indicates unlawful parking Pursuant to SAMC Sec. 36- 432(11) Existing Fee: $47.00 Proposed Fee: $40.00 On August 4, 2015, the City Council adopted the Downtown Enhancements and Parking Modernization Plan. Part of the plan calls for the reduction of expired meter parking violations to $40.00. There will bean estimated reduction of $133,000 per year relating to expired meter parking citations revenue. Exhibit 2 75A -7 75A -8 NEW MISCELLANEOUS FEES COMMUNITY DEVELOPMENT AGENCY 1) Inclusionary Housing Plan Submittal Fee Existing Fee: None Proposed Fee: $250.00 per submitted application This fee will be charged to developers that submit Inclusionary Housing Plan as part of the Housing Opportunity Ordinance. The fee includes staff time to review and approve the Inclusionary Housing Plan, as well as staff time for execution of the Inclusionary Housing Agreement. An estimated $3,750 in revenue is anticipated to be generated from this fee. 2) Initial Sale of Ownership Units Existing Fee: None Proposed Fee: $310 per unit This fee will be charged to developers that have an approved inclusionary housing plan to have inclusionary ownership units. The fee includes staff time to review qualified homebuyers for the inclusionary ownership units at the time of initial sale from the developer to the homebuyer. Staff time includes review of qualifications of the homebuyer, approval of the homebuyer and sale, compliance with the Housing Opportunity Ordinance and execution of the agreements with the eligible homebuyer. An estimated $3,720 in revenue is anticipated to be generated from this fee. 3) Annual Rental Monitoring Fee Existing Fee: None Proposed Fee: $100.00 per unit This fee will be charged to developers and property managers of inclusionary units in rental projects with an approved Inclusionary Housing Plan and Inclusionary Housing Agreement in place. The fee will be used for staff time to ensure compliance with the Housing Opportunity Ordinance including physical inspection of inclusionary rental units and review of tenant and property files for compliance with affordability requirements. In fiscal year 2015 -2016, no revenue is anticipated to be generated from this fee. Exhibit 3 75A -9 75A -10 LS 9.4.15 RESOLUTION NO, 2015 -xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA MODIFYING THE UNIFORM SCHEDULE OF MISCELLANEOUS FEES FOR FISCAL YEAR 2015 -2016 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby, finds, determines and declares as follows: A. Each year, for the convenience of the public, the City Council gathers in a single document a comprehensive listing of fees and service charges imposed by the City upon that limited number of persons seeking services of value from the City. B. This document is known as the "Miscellaneous Fee Schedule" for Fiscal Year 2015 -2016 and is on file at the Clerk of the Council office, and incorporated by this reference. C. As part of approving the Miscellaneous Fee Schedule for Fiscal Year 2015 - 2016, the various agencies of the City have analyzed the cost to administer the various programs, activities and applications for which the City imposes fees or service charges. D. On August 4, 2015, the City Council, after a public hearing, adopted a Downtown Enhancements and Parking Modernization Plan which, among other things, called for the reduction of expired meter parking violations from $56.00 and $47.00 respectively, to $40.00. E. The Housing Opportunity Ordinance (Santa Ana Municipal Code sections 41 -1901 — 41 -1910) provides for fees to be established by Council by resolution in the "Administrative" section (SAMC section 41- 1910). Recent review of said Ordinance revealed that such fees had not been established. F. By this resolution, Council hereby establishes the Inclusionary Housing Plan Submittal Fee, the Initial Sale of Ownership Unit Certification fee and the Annual Rental Monitoring Fee pursuant to the Housing Opportunity Ordinance. G. In each of these cases, the Council finds, determines and declares that such new or increased charges, fees or service charges do not exceed the City's estimated reasonable cost to provide the pertinent service, process the specified application or administer the certain program for which the charge, fee or service charge is imposed. Exhibit 4 Resolution No. 2015 -XXX 75A -11 Page 1 of 3 LS 9.4.15 H. Based upon the testimony, reports and other evidence submitted on these matters, this City Council makes the above - specified findings. Section 2: The Miscellaneous Fee Schedule for Fiscal Year 2015 -2016 is hereby amended with respect to violations related to parking meters as follows: "Parking in metered space time expired or beyond max. time - -- $40.00" "Use metered spaces when meter indicates unlawful parking - -- $40.00" Section 3: The Miscellaneous Fee Schedule for Fiscal Year 2015 -2016 is hereby amended with respect to the fees associated with the Housing Opportunity Ordinance as follows: "Inclusionary Housing Plan Submittal Fee - -- $250 per submittal" "Initial Sale of Ownership Units Fee - -- $310 per unit" "Annual Rental Monitoring Fee - -- $100 per unit" Section 4: To the extent that any fee or service charge established pursuant to City Resolution No. 2015 -027 is inconsistent with the fees or service charges established pursuant to this Resolution, such inconsistencies in Resolution No. 2015- 027 are hereby repealed. Section 5: If any charge, fee, service charge, section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed and adopted this Resolution, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. Section 6: This Resolution shall be operative from and after October 1, 2015. Resolution No. 2015 -XXX 75A -12 Page 2 of 3 ADOPTED this _ day of September, 2015. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney AYES Councilmembers NOES: Councilmembers ABSTAIN l* •C -." Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY LS 9,4,15 I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2015 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on 2015. Date: Clerk of the Council City of Santa Ana 75A -13 Resolution No. 2015 -XXX Page 3 of 3 75A -14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2015 TITLE: PUBLIC HEARING — CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT {STR EGIC LAN NO 4, 1} CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: F-IMI - 100751-` ❑ As Recommended ❑ As Amended • Ordinance on 181 Reading • Ordinance on 2 "a Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Recommend that the City Council authorize submittal of the Consolidated Annual Performance and Evaluation Report to the U. S. Department of Housing and Urban Development. DISCUSSION The Consolidated Five Year Plan (Plan) is a comprehensive planning and application document that covers the three entitlement grants that the City receives annually from the U. S. Department of Housing and Urban Development (HUD). The Plan outlines a strategy for using the three grants and other resources to meet community needs as they were Identified in the Plan. These three entitlement grants are Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and HOME Investment Partnership (HOME). The Plan also identifies five -year numeric goals for meeting the identified community needs that Santa Ana will seek to achieve during the period covered. As part of the Consolidated Plan process, the City is required to submit annually a Consolidated Annual Performance and Evaluation Report (CAPER) (Exhibit 1). The CAPER describes the activities and accomplishments for these federal entitlement grants during Fiscal Year 2014 -2015, It also reports the City's success in achieving the five -year objectives that are established in the Plan. Fiscal Year 2014 -2015 is the final year covered by the 2010/11- 2014/15 Consolidated Five Year Plan. The detailed numerical goals can be found in the CAPER Exhibit 3. The following table summarizes in broad categories, the accomplishments achieved towards meeting the Identified five -year objectives. 7513-1 CAPER September 15, 2015 Page 2 OBJECTIVE 5 YEAR GOAL TOTAL PERCENT ACHIEVED Availability/Accessibility of Decent Housing 19,367 20,812 107% Affordability of Decent Housing 4,100 14,869 363% Sustainability of Decent Housing 8,218 5,667 69% Availability /Accessibility of Suitable Living Environment 309 ,326 729,225 236% Sustainability of Living Environment 26 43 165% Availability/Accessibility of Economic Opportunities 50 34 68% The City exceeded the majority of the established objectives to address the priority housing and community needs Identified in the 2010 -2015 Consolidated Plan, The supply of affordable housing was expanded and upgraded, and activities aimed at preserving and creating quality living environments for residents were initiated, Impacts of the economic recession coupled with the reduction in federal funding and the elimination of redevelopment funding affected some program outcomes. These programs have been retooled and broadened to facilitate projects moving forward such as an affordable housing development and the broadening of the Microenterprise Grants Program, HUD regulations require that the CAPER be available for a 15 -day public review period prior to its submittal. On August 28, 2015, a public notice was published in the Orange County Register, La Opinion, and Nguoi Viet News indicating that the draft report would be available for review and public comment beginning August $1, 2015. The draft CAPER was also available for public review on the City's website, All comments received in written form and at the above mentioned public hearing will be included in the final document submitted to HUD, which is due no later than September 28, 2015. Due to the timeframe for submission, the final document may include minor revisions pending final activity and expenditure reports. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #4 Fiscal Sustainability, Objective #1 (maintain a stable, efficient and transparent financial environment), The CAPER reports the City's accomplishments and expenditures during the 2014 -15 fiscal year associated with the HUD grants _ Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and HOME Investment Partnership (HOME), 75B -2 FISCAL IMPACT There is no fiscal impact associated with this action. KR/te /svinp Exhibit; 1. Consolidated Annual Performance and Evaluation Report http J/santa- ane /cda /documents /2014- 2015CAPE R..,df 75B -3 75B -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 16, 2015 RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing direct negotiation for the sale of City -owned property at 1232 South Bristol Street without the need for public auction or competitive bidding, as permitted by Section 2 -709 of the Santa Ana Municipal Code upon 2/3 vote of the City Council. Y During the course of the Bristol Street Improvement Project, the Public Works Agency has acquired numerous properties along the corridor, The subject properties at 1232 and 1244 South Bristol Street (APN 109. 421 -21 and 22) were acquired in 1996 as part of the St. Andrew Place to McFadden Avenue Phase (Exhibit 1). These two remnant parcels have been vacant for nearly twenty years and are not needed for public use or improvements, To facilitate their sale, the parcels have been merged into one parcel per Lot Merger 2015 -08 to activate its potential development and use. Recently, the City has been approached by Spyglass Investment Group to construct a dialysis center at this site. Under the Santa Ana Municipal Code (SAMC) Section 2 -706, surplus real property may be sold (after authorization by the Council) only to the highest bidder, subject to final confirmation by the Council and with notice of the sale given by newspaper publication. SAMC Section 2 -709, however, provides an exemption to this procedure and permits a sale on direct negotiations without the need for public auction or competitive bidding, upon 2/3 vote of the City Council after a duly noticed public hearing. Staff recommends direct negotiation with Spyglass Investment Group to ensure this state -of- the -art facility is developed in a timely manner and made available to serve the residents of Santa Ana. 75C -1 Public Hearing — Resolution to Authorize Negotiation for the Sale of City -owned Real Property at 1232 S. Bristol Street September 15, 2015 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). Approval of this item also supports the City's efforts to meet Goal #3 Economic Development, Objective #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans /projects). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact to the General fund. Revenue from the sale of City -owned real property must be recognized as such by the Community Development Block Grant funds used for its acquisition. Upon completion of negotiations, staff will bring the transaction, including the revenues generated, for City Council authorization to recognize and receive the funds. APPROVED AS TO FUNDS AND ACCOUNTS: IVA .�; NT41"R,� S�_� ��4JLL_2 \��, qred Mousavipour Francisco Gutierrez �B y✓ Executive Director Executive Director "_0 Public Works Agency Finance & Management Services Agency 9 Sonia R. Carvalho City Attorney r� Kelly Reeffders Executive Director Community Development Agency FM /EWG /ML Exhibits: 1. Location Map 2. Resolution 75C -2 R *91:4,I• PARCEL MERGER BOUNDARY INDICATES PROPERTY LINE TO BE REMOVED SANTA ANA P� I AGENDA ,5 PUBLIC WORKS AGENCY EXHIBIT 1 RESOLUTION TO AUTHORIZE NEGOTIATION FOR THE SALE OF CITY -OWNED REAL PROPERTY AT 1232 S. BRISTOL STREET 75C -3 I 6 A PAGE 1 OF 1 PARCEL BOUNDARY 165.00' I I Di I LOT 21 175.00' I I APN:109- 421 -21 o ill I(Di I VACANT LOT LOT 22 ' ° i I ° r - - -- - -- j oj�I W ui N I Ni0i N I LOT 23 PROPERTY LINE TO BE REMOVED J °o I( 0 APN:109 -421 -22 I VACANT LOT I LOT 24 I I Iii I 48.00 117.00' I ° 165.00' -O - — - — - — - — - — - — ----------------------- ° I WILSHIRE AVENUE i i PARCEL MERGER BOUNDARY INDICATES PROPERTY LINE TO BE REMOVED SANTA ANA P� I AGENDA ,5 PUBLIC WORKS AGENCY EXHIBIT 1 RESOLUTION TO AUTHORIZE NEGOTIATION FOR THE SALE OF CITY -OWNED REAL PROPERTY AT 1232 S. BRISTOL STREET 75C -3 I 6 A PAGE 1 OF 1 75C -4 jmf 09/0312015 RESOLUTION NO. 2015 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING DIRECT NEGOTIATIONS FOR THE SALE OF CITY -OWNED REAL PROPERTY AT 1232 SOUTH BRISTOL STREET AND 1244 SOUTH BRISTOL STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. In 1996, during the course of the Bristol Street Improvements Project, the City acquired the adjacent real property at 1232 South Bristol Street and 1244 South Bristol Street. B. These two parcels were vacant upon acquisition and remain vacant. The City has undertaken a lot line adjustment for the purpose of merging the two parcels into one to advance the development and use of the property as a single parcel. C. When the lot line adjustment is completed, the result will be a single parcel identified as 1232 South Bristol Street. D. These properties were never put to use by the City; instead, they were held for purposes of exchange or sale. The properties are not necessary for the City's use. E. The City finds that the development of the property as a state -of- the -art dialysis and kidney care center would serve the public interest by providing a much needed kidney care center for residents of the City of Santa Ana. F. Santa Ana Municipal Code section 2 -706 establishes the procedures for the sale of City -owned surplus real property. Under these procedures, following council authorization for sale, City -owned surplus real property shall be sold by competitive bidding to the highest bidder subject to final authorization of the City Council. Resolution No. 2015 -xxx Page 1 of 3 75C -5 jmf 09/0312015 G. As permitted by Santa Ana Municipal Code section 2 -709, the sale of City - owned real property may be exempted from this manner of sale upon 2/3 vote of the City Council after a duly noticed public hearing, whereby the sale may instead be made upon a basis of direct negotiations without the necessity for public auction or competitive bidding, when the authority to so negotiate has been granted by the City Council. H. On September 15, 2015, the City Council held a duly noticed public hearing after which a 2/3 majority of the City Council voted to exempt the sale of the real property at 1232 South Bristol Street and 1244 South Bristol Street from competitive bidding and authorize direct negotiations for its sale with the Spyglass Investment Group; an entity that intends to develop the site as a state -of -the art kidney care center. Section 2. The City Council of the City of Santa Ana hereby exempts the sale of the City -owned real property at 1232 South Bristol Street and 1244 South Bristol Street from the competitive bidding procedures in Santa Ana Municipal Code section 2- 706 and authorizes the City Manager or his designee to negotiate directly for its sale with the Spyglass Investment Group, in accordance with Santa Ana Municipal Code section 2 -709. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 15" day of September, 2015. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: ✓ _ e n M. Funk ssistant City Attorney Miguel A. Pulido Mayor 75C -6 Resolution No, 2015 -xxx Page 2 of 3 AYES Councilmembers NOES: Councilmembers ABSTAIN NOT PRESENT: Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council do hereb y Resolution No 2015 -XXX to be the original resolution City of Santa Ana on September 15, 2015. Date Imf 09108/2015 attest to and certify the attached adopted by the City Council of the Clerk of the Council City of Santa Ana 75C -7 Resolution No. 2015 -xxx Page 3 of 3 75C -8