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HomeMy WebLinkAbout13A - VARIOUS COUNCIL CMTSTHURSDAY, OCTOBER 1, 2015 4:00 P.M. AGENDA CALL TO ORDER City Hall, Ross Annex, Room 1600 20 Civic Center Plaza, Santa Ana, California COMMITTEE MEMBERS: Sal Tinajero & Angelica Amezcua, Chair STAFF: David Cavazos, City Manager & Maria Huizar, Clerk of the Council PUBLIC COMMENTS - Members of the public are allowed three minutes to speak on agenda items or matters within the jurisdiction of the Committee. AGENDA ITEMS 1. APPROVE MINUTES OF THE NOVEMBER 13, 2014 REGULAR MEETING {STRATEGIC PLAN NO. 5, 1} 2. CONTINUED DISCUSSION AND RECOMMENDATIONS ON CITY COUNCIL POLICY AS IT RELATES TO BROWN ACT VIOLATIONS AND SANCTIONS 3. ANNUAL REVIEW OF CODE OF CONDUCT AND ETHICS {STRATEGIC PLAN NO. 5, 11 4. DISCUSS CODE PROVISIONS AND CAMPAIGN CONTRIBUTION LIMITS ON LEGAL DEFENSE ACCOUNTS ®If you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at (714) 647 -5340. Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for �.s accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Santa Ana City Council Miguel A. Pulido, Vincent F. Sarmiento, Michele Martinez, Mayor Mayor Pro Tom, Ward 1 Ward 2 MPU11do0 to en Vsa,mentoroms a'aneom MMVtllnez!@sana an City Hall, 20 Civic Center Plaza Mayor & Council Telephone: 714- 647 -6900 • A Angelica Amezcua, Ward 3 AAmezaua0—a- ana om s P.O. Box 1988 aenda Item Inquirk 13A -1 P. David Benavldes, Roman Rayne, Sal Tinajero, Ward Ward Ward DBenav deala>sa a n RRevnar—t. STlnal@mRsa • Santa Ana, California 92702 s: 714 -647 -6520 • Website: www.santa- ana.oro ` CITY OF SANTA ANA fx' SPECIAL MEETING OF THE �' CODE OF CONDUCT AND ETHICS COUNCIL COMMITTEE THURSDAY, OCTOBER 1, 2015 4:00 P.M. AGENDA CALL TO ORDER City Hall, Ross Annex, Room 1600 20 Civic Center Plaza, Santa Ana, California COMMITTEE MEMBERS: Sal Tinajero & Angelica Amezcua, Chair STAFF: David Cavazos, City Manager & Maria Huizar, Clerk of the Council PUBLIC COMMENTS - Members of the public are allowed three minutes to speak on agenda items or matters within the jurisdiction of the Committee. AGENDA ITEMS 1. APPROVE MINUTES OF THE NOVEMBER 13, 2014 REGULAR MEETING {STRATEGIC PLAN NO. 5, 1} 2. CONTINUED DISCUSSION AND RECOMMENDATIONS ON CITY COUNCIL POLICY AS IT RELATES TO BROWN ACT VIOLATIONS AND SANCTIONS 3. ANNUAL REVIEW OF CODE OF CONDUCT AND ETHICS {STRATEGIC PLAN NO. 5, 11 4. DISCUSS CODE PROVISIONS AND CAMPAIGN CONTRIBUTION LIMITS ON LEGAL DEFENSE ACCOUNTS ®If you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at (714) 647 -5340. Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for �.s accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Santa Ana City Council Miguel A. Pulido, Vincent F. Sarmiento, Michele Martinez, Mayor Mayor Pro Tom, Ward 1 Ward 2 MPU11do0 to en Vsa,mentoroms a'aneom MMVtllnez!@sana an City Hall, 20 Civic Center Plaza Mayor & Council Telephone: 714- 647 -6900 • A Angelica Amezcua, Ward 3 AAmezaua0—a- ana om s P.O. Box 1988 aenda Item Inquirk 13A -1 P. David Benavldes, Roman Rayne, Sal Tinajero, Ward Ward Ward DBenav deala>sa a n RRevnar—t. STlnal@mRsa • Santa Ana, California 92702 s: 714 -647 -6520 • Website: www.santa- ana.oro DISCUSSION AND POSSIBLE ACTION RELATED TO STATE REQUIRED AB 1234 MANDATORY ETHICS TRAINING BY CITY ELECTED AND APPOINTED OFFICIALS {STRATEGIC PLAN NO. 5, 11 COMMITTEE MEMBER COMMENTS {STRATEGIC PLAN NO. 5, 11 ADJOURNMENT — Next regularly scheduled meeting is November 19, 2015 13A -2 MINUTES OF THE REGULAR MEETING OF THE CODE OF CONDUCT AND ETHICS COUNCIL COMMITTEE NOVEMBER 13, 2014 Meeting Convened at City Hall, Ross Annex, Room 1600, 20 Civic Center Plaza Santa Ana, CA at 5:10 p.m. In attendance were Committee Members Sal Tinajero and Angelica Amezcua, Chair and Staff members Sonia Carvalho, City Attorney and Maria D. Huizar, Clerk of the Council. PUBLIC COMMENTS — None AGENDA ITEMS APPROVE MINUTES FROM THE SPECIAL MEETING HELD SEPTEMBER 25, 2014 Motion by Tinajero, seconded by Amezcua to approve Minutes. Motion carried. 1. DISCUSSION AND RECOMMENDATION ON CITY COUNCIL POLICY AS IT RELATES TO BROWN ACT VIOLATIONS AND SANCTIONS (MATTER CONTINUED FROM THE FEBRUARY 27, 2014 AND SEPTEMBER 25, 2014 MEETINGS) City Attorney Carvalho suggest committee members review the policies by the cities of San Jose and Los Angeles and reschedule special meeting to further discuss. 2. DISCUSSION AND STAFF DIRECTION: VIOLATION OF SANTA ANA MUNICIPAL CODE § 2 -211 RE: USE OF CITY EMBLEM (SEAL AND LOGO) FOR ELECTION CAMPAIGN PURPOSES Chair Amezcua requested formal warning letter be sent to Mayor Pulido for violating the City Code. Committee member Tinajero noted violation is also conflict with Section 4 of the Code of Conduct and Ethics Minutes of the Code of Conduct and Ethics Committee Page 1 November 13, 2014 13A-3 3. COMMITTEE MEMBER COMMENTS Committee member Tinajero noted credibility it brings to Committee. Chair Amezcua reminded all that Code of Conduct and Ethics is value based and need to hold each other accountable. ADJOURNED — 5:23 p.m. Maria D. Huizar Clerk of the Council Minutes of the Code of Conduct and Ethics Committee Page 2 November 13, 2014 13A-4 CITY OF SANTA ANA (D COUNCIL COMMITTEE SPECIAL MEETING It[el4kiU e DEVELOPMENT AND TRANSPORTATION COMMITTEE WEDNESDAY, OCTOBER 14, 2015 5:00 P.M. CALL TO ORDER City Hall Ross Annex, Conference Room 1600 20 Civic Center Plaza, Santa Ana, California Committee Members: Vincent Sarmiento, Chairperson Michele Martinez, Vice Chairperson David Benavides Recording Secretary: Rosa Barela PUBLIC COMMENTS - Members of the public are allowed three minutes to speak on agenda items or matters within the jurisdiction of the Committee. AGENDA ITEMS 1. Approval of Minutes A. April 2, 2015 Meeting B. June 25, 2015 Special Meeting 2. Streetcar Project Update — David Cavazos {Strategic Plan Nos. 6, 1G; 3, 2C) 3. Update on Willowick — David Cavazos {Strategic Plan No. 3, 5A) 4. Third & Broadway Project Update — Hassan Haghani {Strategic Plan No. 3, 5A) 5. Ordinance Amending Chapter 39 of the Municipal Code to Define Sewer Lateral Ownership - Nabil Saba {Strategic Plan No. 6, 1) 6. 2015 Sewer System Management Plan Audit — Nabil Saba {Strategic Plan No. 6, 1 F) 7. 17th Street Grade Separation and SR55 Freeway Widening from 1405 to 15 — Jason Gabriel {Strategic Plan No. 6, 1 E; 6, 1 G} 8. Zoning Code (SAMC Ch. 41) Streamlining Amendments /Reformatting Overview — Hassan Haghani {Strategic Plan No. 3, 2B) 9. Second Dwelling Unit Ordinance Upcoming Amendments — Hassan Haghani {Strategic Plan No. 5,31 10. Project W: Safe Transit Stops Follow -up - Action: Request approval to move forward with Recommendations /Bid Advertisement — Suzi Furjanic {Strategic Plan No. 6, 1 G) INIf you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at (714) 647 -5624. Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Santa Ana City Council Mlguel A. Pulido, Vincent F. Sarmiento, Michele Martinez, I Angelica Amezcua, I P. David Benavides, i Roman Reyna, i Sal Tinajero, Mayor j Mayor Pro Tom, Ward 1 Ward 2 Ward 3 j Ward 4 Ward 5 j Ward 6 MPUldoRsan -an— VSa ento ®senfe MMMT.Psanta.ana.or g r, i STlnale o(NSanlaana om City Hall, 20 Civic Center Plaza • P.O. Box 1988 • Santa Ana, California 92702 Mayor & Council Telephone: 714. 647.6900 • Agenda Item Inquiries: 714 -647 -6520 • Website: www.santa- ana.ora 13A -5 STAFF COMMENTS COMMITTEE MEMBER COMMENTS FUTURE AGENDA ITEMS ADJOURNMENT — The next meeting is scheduled for Thursday, January 7, 2016 at 5:00 p.m. The complete Strategic Plan document is available at httR.j www.santo- ana.ora/etrategic- planning/ DEVELOPMENT & TRANSPORTATION COMMITTEE AGENDA 2 OCTOBER 14, 2015 13A -6 CITY COUNCIL COMMITTEE ON DEVELOPMENT AND TRANSPORTATION Meeting Minutes April 2, 2015 CALL TO ORDER The meeting was called to order at 5:04 p.m. in Room 1600 of the City Hall Ross Annex KNil ii, i sT The following Committee Members were present: Vincent Sarmiento, Michele Martinez, David Benavides Staff present were: David Cavazos, City Manager; Kelly Reenders, Executive Director/ Community Development Agency; Fred Mousavipour, Executive Director /Public Works Agency; Vince Fregoso, Interim Executive Director /Planning & Building Agency; Robert Cortez, Special Asst. to the City Manager; William Galvez, City Engineer; Nabil Saba, Water Resources Manager; Jorge Garcia, Senior Management Assistant; Alma Flores, Senior Management Assistant; Matt Foulkes, Senior Management Analyst; Verny Carvajal, Acting Planning Manager; Captain James Schnabel, P.D.; and Rosa Barela, PBA Executive Secretary. Z114,TIKO • 1i i 1W0r.7�W AGENDA ITEMS 1. APPROVAL OF MINUTES — February 26, 2015 Special Meeting Motion by Vice Chair Martinez and seconded by Chairman Sarmiento to approve the minutes and approved unanimously by a vote of 2:0 (Benavides abstained). Chairman Sarmiento recused himself from discussion and departed at 5:06 p.m. Vice Chair Martinez then chaired meeting. 2. STREETCAR PROJECT UPDATE {Strategic Plan Nos. 6,1G; 3,2C) David Cavazos provided a brief update on the Streetcar Project noting the Federal Transit Administration issued a Finding of No Significant Impact (FONSI) and are good to move forward, noted staff is working with the Orange County Transit Authority (OCTA) on a Memorandum of Understanding, noted OCTA hired HCR as program manager to put together design documents to move forward with the selection of a firm and stated the project will receive federal funding. Mr. Cavazos noted OCTA will be the lead agency which was approved by their Board of Directors to handle project development, engineering, construction, operations and maintenance; and the next step is focusing on the process to select design firms which may take a year and a half to design, two to three years for construction with the completion in 2019/2020. 13A -7 Vice Chair Martinez noted if eligible to apply for Title 7 funding and any other light rail funding available through OCTA and the state's Cap & Trade; noted to work with lobbyists, adding the city needs to do whatever it can to help move project along and trying to reduce greenhouse gas emission. Mr. Cavazos noted staff will provide a memo for the Council at the next meeting on the plans for financing. 3. UPDATE ON YMCA EXCLUSIVE NEGOTIATING AGREEMENT {Strategic Plan No. 3, 5A} David Cavazos noted there is no update on Item 3. Chairman Sarmiento returned at 5:14 p.m. 4. THIRD & BROADWAY UPDATE — DEVELOPER SELECTION PANEL RESULTS AND NEXT STEPS (Strategic Plan No. 3, 5A) Kelly Reenders provided an update on the Third & Broadway development project noting in response to the Request for Qualifications (RFQ), six firms had interest and four firms interviewed on February 6. She introduced the highest rated firm OliverMcMillan and invited Dan Nishikawa, Senior Managing Director, and Zach Adams, Senior Project Manager, to provide an overview of their firm and answer any questions. Dan Nishikawa provided background information on their firm headquartered in San Diego, noted they have two lines of business one being large mixed -use projects and the other urban residential infill, and briefly discussed projects they are working on and those completed. He noted they have received more than 40 design awards, has financial partners and has also done adaptive reuse projects; noted one process for projects is to conduct a Charrette and bring all the stakeholders, city officials, community members, land owners, designers and architects together. Zach Adams discussed the project concept for 3rd & Broadway noting a podium project similar to EV project in downtown San Diego and SALT project in Tempe, Arizona which fits in with the urban street with retail on the ground level and residential above. Mr. Cavazos noted the city expects at least two levels of below grade public parking and anything built below grade will be for the project with no parking requirement; and noted the project can go as high as the Ronald Reagan Federal Courthouse. He noted that 011verMeMillan was rated the highest based on their experience, track record, and urban focus, and requested the committee's input to enter into an exclusive negotiation agreement to continue discussions. Committee member Benavides noted this parcel is one of the last significant parcels the city owns and is located in the core center of activity, the revitalization of the city and wants to see some type of legacy signature project there, noted the downtown is increasing as a destination and anticipate more so on the hospitality and looking at a hotel component in the area. Development & Transp. Council Committee Minutes 2 April 2, 2015 13A -8 13 Mr. Nishikawa noted they have previously done hotel projects and after conducting studies and speaking to hotel partners, they did not feel it is ready for a hotel at this point; noted they reviewed all options and see a demand for good institutional grade apartments; noted a hotel would be a great amenity for the city in the future; and noted project financing is important and are proposing something they believe could be financed. Vice Chair Martinez noted they would like something signature and iconic, noted initial conversations of wanting to look at a boutique hotel with 100 -150 rooms which would be a community benefit, noted the city is the County seat with the jurors and legal services that come adding downtown business owners have commented they would like to see a hotel. Chairman Sarmiento commented the committee is happy to talk about doing something exciting in the downtown and discuss additional pedestrian and fixed guideway traffic; provided background information on the RFQ; noted they were looking at a project that had muti -uses to it and multi - levels with one being a hotel; asked that Mr. Cavazos continue discussions with OliverMcMillan and city's consultant Larry Kosmont to see if something can be adjusted. COMMUNITY ENGAGEMENT PLAN UPDATE {Strategic Plan No. 5, 3A} Vince Fregoso provided brief update on the Community Engagement Plan noting it is a tool to help expand information and create opportunities for stakeholders to be involved in the public decision making process for projects. Proposals were received last year and assembled external and internal raters to review with interviews in February, met with the top two firms in March, and based on interviews staff recommends Katherine Padilla & Associates (KPA) as the firm to prepare the Engagement Plan adding they have a wide variety of experience in community engagement and has worked with various municipalities including the LA Transit Authority, CalTrans, USG and as well as cities of LA, Pasadena, Glendale & South Gate. Mr. Fregoso noted they have also worked on Santa Ana's Complete Streets Plan on the outreach component and are looking to bring the contract to Council in May and complete the document by the fall of this year. Vice Chair Martinez advised staff to get the scope of work prior to verify what they will be doing, noting community engagement goes beyond development and how we communicate & engage and use technology; and requested to review the work plan. DISCUSSION ON THE EXTENSION OF THE METRO EAST MIXED USE OVERLAY ZONE {Strategic Plan No. 5, 1A; 5, 1 H; 3, 2A; 3,213) Vince Fregoso noted there has been some discussions on parcels on East First Street and the options of rezoning the corridor. He provided background information on the Metro East Mixed Use Overlay Zone that was approved in 2007 which includes East First Street with the boundaries of First Street on the south to 6th Street to the north, the 1 -5 Freeway to the west and Tustin Avenue to the east; noted an overlay zone means the current zoning stays in place and current uses continue to operate and if someone proposes a residential project they can activate this Development & iransp. Council Committee Minutes 13X-9 April 2, 2015 overlay zone which requires the demolition of buildings on the site and construction of a new building. He discussed two projects in the zone, the Lyon Project at "Nineteen 01" at the old Racquetball World site and the other north of the Xerox building, The Madison; noted the three different districts which include the Active Urban District, Village Center District and Neighborhood Transitional District. He noted inquiries of development which include the Elks and Zoo and the vacant Saddleback Lodge parcel and the possibility of residential at the location; noted our Housing Element considers these areas viable for residential and can accommodate by establishing an overlay zone. He commented the need to get a consultant on board to prepare a study to determine if standards are still applicable and the need for an environmental impact report, noting with the various outreach meetings and public hearings the process would take approximately 12 -18 months. Chairman Sarmiento recommended looking at extending the Metro East Overlay Zone to incorporate the First Street Corridor from the 1 -5 Freeway to Grand Avenue which will address many issues with respect to problems with spot zoning and having to create special districts; noted to use whatever tool to accelerate the process; and for those who have applications submitted to consider a competitive bidding process for affordable housing developments with an RFQ or RFP, and to include housing for veterans. Vice Chair Martinez inquired how this would play into the big picture in our land use and zoning as General Plan is updated and noted as we move forward the need to be careful how we plan our future, land use and zoning will dictate that and to look at fiscal and infrastructure impacts as we move forward; noted the need to have a balance of residential and commercial owners; and noted the importance of having the discussions with developers on making sure their projects will be bike, pedestrian and dog friendly. Mr. Fregoso noted anything done with the zoning needs to be consistent with the General Plan, adding the overlay zone is consistent with the General Plan which is a District Center high intensity area that was designated years ago, noted the overlay zone and the density fits in perfectly with the project; the fiscal and infrastructure impacts part of a document will be prepared in conjunction with the EIR which will capture all types of impacts such as traffic, parking, circulation, public safety, and public services. Committee member Benavides agreed moving along with the overlay zone and suggested to consider extending the overlay zone towards the downtown to Broadway; also noted Fourth Street has older residential homes that can be grazed and reused and also Fourth Street west of Grand Avenue has underutilized parcels. i. DROUGHT UPDATE {Strategic Plan No. 5, 6F} George Garcia, Republic Homes Neighborhood Association representative, noted the city should remove all the grass from all the medians in order to conserve water and suggested the city create a free seed program so residents can grow their own food and use water to their best benefit and noted the city is also losing water in the jails. Development & Transp. Council Committee Minutes 13A -10 April 2, 2015 Nabil Saba provided an update on the water drought and conservation which included the Governor's Executive Order to achieve statewide 25% reduction, the emergency regulations, water supply conditions and Santa Ana's conservation efforts. Discussed the reduced usage of residential customer use by 14 -16% in December & January, the 25% reduction mandated by the State, the prohibition of irrigation of potable water on ornamental turf on public streets, noted the city has a two -tier water rate structure with penalties for exceeding the target reduction, and reviewed the emergency regulations timeline. Noted the need to add to the ordinance to prohibit irrigation during and 48 hours after measurable rainfall, discussed the fines for non - compliance, the water supply allocation with the Orange County Water District (OCWD) and Metropolitan Water District (MWD), noted the population trend low per capita water use and various water conservation efforts which includes new ways to report water wasting and joined other water agencies on outreach and rebate programs. Staff recommends that the city remain at Water Shortage Level 1 which was declared earlier last year with penalties, coordinate with regional water entities on implementation of the Executive Order and continue with outreach and update the Water Conservation Ordinance. Committee member Benevides left the meeting at 6:39 p. m. and did not return. Chairman Sarmiento noted we as city should be grateful to residents that we conserve at a much higher rate than our counterparts, we have own ground water wells and imported water we rely on, and the OCWD recycling system GWRS (Groundwater Replenishment System) we benefit from and noted the discussion on a desalination plant in Huntington Beach. Mr. Saba noted staff will be evaluating medians with assistance from MWD on converting medians to low drought tolerant landscaping. Vice Chair Martinez noted the need to include a water element into the general plan which will be vital as we move forward. Noted concern of irrigation use by the SALISD and Santa Ana College and suggest to partner with them on steps to help reduce water consumption and use recycled water for irrigation; and noted the need to do more outreach on the Channel 3 in all three languages. Chairman Sarmiento noted the opportunity for education on recycling and conserving water with the SA Zoo trying to partner with OCWD, Discovery Science Center and Friends of the Santa Ana Zoo to rehabilitate Amazon's Edge. 8. DISCUSSION ON THE PROPOSED CAPITAL IMPROVEMENT PROGRAM/ TRANSPORTATION COMPONENT (Strategic Plan Nos. 3,2C; 3,4A; 5, 66; 6, 1 B; 6, 1 C) William Galvez provided an update on the Transportation Component of the Capital Improvement Program focusing on the street and traffic improvements. Reviewed the $16.7 million budgeted in street improvements which include planning, streetscape improvements; curb, gutter & sidewalk improvements; alley Development & 7ransp. Council Committee Minutes 13A-1 1 April 2, 2015 rehabilitation; neighborhood street rehabilitation; local street rehabilitation; arterial street rehabilitation; arterial street rehabilitation; street/bridge improvements and widening; and $11.6 million for traffic improvements including planning, traffic improvements and traffic safety /mobility improvements. He noted staff has identified a long list of unfunded projects which include infrastructure improvements, park projects as a result of master planning for parks, storm drains and sewer improvements with anticipated cost and will start pursuing funding for these projects. Staff will be providing council with a Capital Improvement Project Tracking summary of existing projects with status of projects. Vice Chair Martinez requested a list of the unfunded projects for active transportation adding the need to apply for as many grants as possible including the CalTrans ATP (Active Transportation Program) which is going the second round of funding, and TIGER (Transportation Investment Generating Economic Recovery). COMMITTEE MEMBER COMMENTS - None 00191110014111 Rosa Barela Recording Secretary Planning & Building Agency rb:Cauncil CommTevei & Transp CC04 -02 -15 Devel & Transp CC Minutes Development & Transp. Council Committee Minutes 9 April 2, 2015 13A -12 CITY COUNCIL COMMITTEE ON DEVELOPMENT AND TRANSPORTATION Special Meeting Minutes June 25, 2015 CALL TO ORDER The meeting was called to order at 5:01 p.m. in Room 1600 of the City Hall Ross Annex. ATTENDANCE The following Committee Members were present: Vincent Sarmiento, Michele Martinez, David Benavides Staff present were: David Cavazos, City Manager; Kelly Reenders, Executive Director/ Community Development Agency; Fred Mousavipour, Executive Director /Public Works Agency; Hassan Haghani, Executive Director /Planning & Building Agency; Lisa Storck, Assistant City Attorney; Ryan Hodge, Assistant City Attorney; William Galvez, City Engineer; Nabil Saba, Water Resources Manager; Jason Gabriel, Principal Civil Engineer; Kenny Nguyen, Senior Civil Engineer; Melanie McCann, Associate Planner; Lorrie Ortiz, PWA Executive Secretary, PUBLIC COMMENTS Madeleine Spencer summarized a letter that had been previously distributed concerning the Warner Avenue Improvement project, requesting a delay to include residents, and asking the City to increase the scope of the project and assure an inclusive process, specifically to include a resident right -of -way panel that is equal to the number of city staff. Robert Duncan, Caribou Industries, referenced agenda Item 3, Third Street Promenade; highlighted a few items that were previously submitted; showed a proposed development and a revised aerial photo of a development on Third Street, and two adjacent properties to be acquired. He stated that a hotel is being proposed and that all opportunities are being explored; a meeting is planned with a partner that specializes in affordable housing. AGENDA ITEMS Items taken out of order to accommodate schedules 6. HOUSING OPPORTUNITY ORDINANCE The City Manager provided Committee members with information concerning adaptive re -use, and recommended a moratorium of new projects; noting that it would be best to also place a moratorium on the Housing Opportunities Ordinance. He advised that authority exists to waive and clarify development fees. The Executive Director of Planning & Building, Hassan Haghani, summarized components of the Housing Opportunities Ordinance that was adopted in 2011, and referenced in the 2014 Housing Element; which requires 15 percent of new housing to be affordable; and applies to zone changes that result in residential density 13A -13 increases. He stated his concern that the ordinance may constrain historic adaptive re -use of buildings and alternatives to construction; and treats new and existing development the same even when economics may vary, which may be an impediment to developers in considering affordable housing. The ordinance does not currently provide options to provide affordable housing units instead of in lieu fees, and limits alternatives that may be considered. Possible modifications were provided in the presentation, including exemptions to projects approved prior to the adoption of the original ordinance; exempt adaptive re -use from the ordinance requirement; provide for off -site construction of units; allow rehabilitation of off -site units; remove Takings Determination; apply the ordinance only to those conversions that exceed the density permitted in the General Plan; allow an in -lieu fee option up to 50 units instead of the current 20 units; simplify the in -lieu fee calculation to $5 per square foot; and re- evaluation of the matter in 3 years. He clarified potential options including modification of the existing ordinance; or a short moratorium to prepare another ordinance and establish an interim ordinance; or do nothing. Councilmember Benavides noted that quality, accessible and mixed income housing is important, and appreciates staff's efforts to modify issues. He suggested incentives to developers that propose mixed income developments. Councilmember Martinez called attention to the county's changing demographics and that people are leaving due to transportation and housing affordability; and specified that the needs of the community must be taken into consideration. Mayor Pro Tern Sarmiento clarified that inquiries from the community are always welcome, noting that the city has a responsibility to residents and also to developers to ensure that working families have a dignified way to live, considering the high housing costs throughout the county. He recommended revisiting the matter within 24 months; summarized that consistency in development fees is important; commented that the goal is quality market rate developments; and that other cities direct their developers' in -lieu funds to projects that are set aside for affordable housing; and he requested that a future report to the City Council include a comparison table of other local cities. This item is scheduled to go before City Council on August 4, 2015. THIRD & BROADWAY UPDATE The City Manager provided a high level overview of the project, and he said there were several submissions for this project. Oliver McMillan was invited back to provide their background and experience, but were not interested in providing a hotel component beyond their residential proposal with ground floor retail; and the firm recommended a hotel feasibility study. Direction is currently sought from Committee members, as the only proposal to include a hotel proposal was from Caribou Industries per Mr. Duncan's earlier comments. Mayor Pro Tern Sarmiento noted the Request for Qualifications (RFQ) was circulated for a 200 time; and Larry Kosmont's office was sought to assist with this matter, although the meeting notification was late and the firm was not able to attend this meeting. He reiterated that Caribou Industries was the only submission that included a hotel component pursuant to the RFQ. He recommended that discussions for refinement, terms and conditions proceed with Caribou Industries; and that Larry Kosmont and other possible developers be consulted with a very short timeframe. Development & Transpodation Cound Committee Minutes 2 June 25, 2015 13A -14 Councilmember Benavides commented this has been a prime potential project for several years due to its location at 3`d and Broadway, and yet another delay would not be favorable; that the project should only be delayed further if no submissions are acceptable; but noted that high quality standards are important because this can be a legacy project to be looked upon with pride for many years; and that business - friendly assistance should be offered for this development. Councilmember Martinez emphasized that community members be included as stakeholders since the project is a city asset which belongs to the voters and residents; explained that place making is important; that this should be a multi -modal transit oriented development; and should also include open space so that the community may congregate outdoors. Councilmember Martinez recommended that developers review the 5 year Housing Element and types of housing stock to meet the goals within the Housing Element; that another important issue is the opportunity to be a destination both for entertainment and visitors to the courts, and a hotel with a multi -use conference room can be successful. She emphasized that time is of the essence, so the opportunity is not lost; and stressed that an expedited 30 -day process be assembled for developers, inclusive of Council's vision for the downtown area. 7. COMPLETE STREETS PLAN FOR DOWNTOWN UPDATE Cory Wilkerson, Active Transportation Coordinator, provided information on the status of the Active Transportation program. He stated that the downtown complete streets plan had a very aggressive outreach process complete with a 3 -day workshop and multiple community meetings which resulted in 5 top priority projects for downtown and transit zone areas. Mr. Wilkerson added that after careful review by staff, a final draft will be provided to the public to allow additional comments and ultimate presentation to the City Council. Councilmember Martinez summarized the process, and noted that much preliminary effort through the years has been extended for the current result; a huge milestone has been accomplished, and no residents have had negative comments to her knowledge; encouraged close coordination with the Planning & Building Agency; recommended that the final public product include the rationalization for the top five projects that are selected by the community, and should also include those projects that were not selected; and is looking forward to finalization of this project. 8. ACTIVE TRANSPORTATION PROGRAM UPDATE William Galvez, City Engineer, summarized the status of the Active Transportation Program (ATP). The ATP encompasses the circulation element and pedestrian and bike master plan, and will also fold these programs into the pavement management plan which will show the condition of City streets and financing thereof. He stated the Safe Mobility Santa Ana (SMSA) program is studying all accidents involving pedestrians and bicyclists in order to develop a plan to address the issues. The Circulation Element and Active Transportation Program is now in draft form and on hold pending the SMSA study, which should be released in approximately September of this year. The Circulation Element should be complete by June 2016. Councilmember Martinez requested further timing information due to safety and circulation issues in the community. Fred Mousavipour, Executive Director of Public Development & Transportation Council Committee Minut 13A-15 June 25, 2015 Works, explained that the SMSA, Circulation Element, and Pavement Management programs will be studied concurrently in order to have a timely and comprehensive program. Mr. Haghani emphasized that the principles provided from the Public Works Agency will be included as a basis for the General Plan update, and City Council will be advised accordingly. Mayor Pro Tem Sarmiento recommended coordination with the school district on this issue to ensure best practices are followed for the safety of children at every school campus in the city. 9. PRESENTATION: PROJECT W: SAFE TRANSIT STOPS — INPUT ON TRANSIT STOP CONCEPTS Mr. Galvez stated that the project to upgrade the city bus shelters was made available through funding from OCTA Project W: Safe Transit Stops, Santa Ana was awarded $687,000 for 29 highest volume transit stops in the city. An Environmental and Transportation Advisory Committee ad hoc subcommittee reviewed the issue and provided comments. Photos of sample bus shelters were provided by Mr. Galvez, and staff's recommendation features a curved roof. Councilmember Martinez noted that the needs of the community should be assessed before determining the shelters; including the need for bike racks, trash dispensaries; a digital concept which would include schedules; USB connections to charge cellular phones; and more seating for bus riders. Mayor Pro Tem Sarmiento summarized that more attention is given to the city's bus shelters because this community actually uses public transportation. He also emphasized uniformity in the design of the shelters, and he noted that the shelters should be resistant to graffiti. He noted that bus shelters in Mexico and Latin America have very creative designs, which may be possible in Santa Ana. Omar De La Riva, resident, supported the need for bike racks in the bus shelters. Madeleine Spencer commented that the bus shelters can be aesthetically pleasing, fun and may serve as a tool to encourage use of public transit; and "cool" shelters may be achieved in Santa Arta. WARNER AVENUE IMPROVEMENTS UPDATE Mr. Galvez provided a brief update on the Warner Avenue Improvements, providing a fact sheet with current information and project location. The project was approved in 2008. Photos of the location were shown, including photos of the areas with safety, mobility and aesthetic issues. He provided the project objectives; benefits; timeline; status; a description of the phases; and methods of public outreach starting in 2012. One -on -one meetings will be held with residents to provide factual information in the language and location of the resident/ property owner's choice. Councilmember Martinez stated she is supportive of moving forward with the project, but is concerned about the displacement of the businesses and property owners. Mayor Pro Tem Sarmiento stated the project was initially brought about by the impacts from the development of the Legacy Project in Tustin. More traffic is expected on the street and action is needed. Residents will be treated fairly and equitably, but there is a concern about speed on the street. He has received comments that residents are concerned about the narrow sidewalks, difficult egress, Development & Transportation Council Committee Minutes 4 June 25, 2015 13A -16 volume of current traffic that has increased through the years, and safety in general. He recommended not simply focusing on property owner rights, but also extend sensitivity to the many neighborhood tenants. Madeleine Spencer noted that residents did not really believe that the project would actually occur; expressed resident and property owner apprehension due to issues concerning fair market values; and ensuring there is dialogue with the community so that residents and property owners can be part of the process. 5. PRESENTATION: DROUGHT WATER RATE SURCHARGE Water Resources Manager Nabil Saba provided a summary of the city's drought water rate surcharge and he reviewed available options. Option 1 would be a surcharge of approximately $2,40, for an average residential water bill of approximately $58.20; and, the addition of $1.88 to recover the penalty if the reduction is not met; he also estimates loss of revenue in the amount of $4.4 million. Option 2 is recommended by staff and would add a surcharge of $7.37 to customers exceeding the allocation, with an average residential bill of approximately $63.17 per month; and the addition of $1.88 to water use to recover the penalty. Option 3 would recover revenue loss through adding a fixed surcharge of $11.16 on all water users which would increase the monthly bill to an average of approximately $66.96 per month; and the addition of $1.88 to recover the penalty. Councilmember Martinez stated a preference for Option 2, and residents that exceed allowed usage would need to pay accordingly. Mayor Pro Tern Sarmiento stated that it appears that Option 2 would probably be preferred as the most viable option, without the addition of costs for the recovery penalty at this time. Mr. Mousavipour advised that penalties for violations of the Executive Order are uncertain, so the option to assess the surcharge of $1.88 to residents is not being taken at this time; he also added that exemptions are available to some businesses and residents with special disabilities and circumstances; and added that Santa Ana is one of the first cities to study and implement the Executive Order. Councilmember Martinez emphasized that the City is also a water customer and should also be providing records to demonstrate water reductions. FUTURE AGENDA ITEMS • Streetcar Project Update • Sewer Lines Ownership Ordinance Amendment r s t rr C ..) For06 Ortiz Recording Secretary Public Works Agency Development & Transportation Council Committee Minute 3A-1 7 June 25, 2015 13A -18