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HomeMy WebLinkAbout AGENDA_2016-12-20 City Council Meeting Agenda December 20, 2016 CLOSED SESSION MEETING CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, California 5:00 PM REGULAR OPEN MEETING CITY COUNCIL CHAMBER 22 Civic Center Plaza 5:45 PM (Immediately following the Closed Session Meeting) Miguel A. Pulido Mayor MPulido@santa-ana.org Vicente SarmientoMichele Martinez Councilmember – Ward 1 Mayor Pro Tem - Ward 2 VSarmiento@santa-ana.org MiMartinez@santa-ana.org Jose SolorioP. David Benavides Councilmember - Ward 3 Councilmember - Ward 4 JSolorio@santa-ana.org DBenavides@santa-ana.org Juan Villegas Sal Tinajero Councilmember - Ward 5Councilmember - Ward 6 JVillegas@santa-ana.org STinajero@santa-ana.org Mayor and Council telephone: 714-647-6900 Agenda item inquiries: 714-647-6520 Sonia R. Carvalho David Cavazos Maria D. Huizar City Attorney City Manager Clerk of the Council DCavazos@santa-ana.org NOTE: If you need special assistance to participate in this Council 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. \[Americans with Disabilities Act, Title II, 28 CFR 35.102\] BASIC CITY COUNCIL MEETING INFORMATION Agenda & Materials - The agenda titles provide the public with a list of items to be considered by the Council broken down into four categories: Presentations, Consent Calendar, Business Calendar and Public Hearings. Presentations are ceremonial. Consent Calendar are considered to be routine by the City Council and may be enacted by one motion without discussion unless a member of the Council “pulls” an item(s) for a separate vote. Business Calendar and Public Hearing items are considered individually. Additional information of the various categories on the agenda is found on the “Understanding Your City Council Meeting Agenda” pamphlet at: http://www.ci.santa-ana.ca.us/coc/documents/understanding_council_agenda.pdf.The Council is not limited in any way by the “Recommended Action” and may take any action which the council deems to be appropriate on an agenda item. Except as otherwise All staff reports and any non-confidential writings or provided by law, no action shall be taken on any item not listed on the agenda. documents provided to a majority of the City Council members regarding any item on this agenda are available for public inspection in the Clerk of the Council Office during regular business hours and posted on the City’s website the Friday before a Council meeting at: http://www.santa-ana.org/coc/granicus.asp Public Comments / Oral Communication - Pursuant to Government Code Sec. 54954.3, the public may address the City Council and any other legislative body scheduled to meet on same day and time on any and all matters within the jurisdiction of the City. The public will be given the opportunity to speak on any item listed on the Agenda during the first Public Comments portion of the Agenda, with the exception of Public Hearings that are considered separately and on non-agendized items within the jurisdiction of the City Council during the second Public Comments portion of the Agenda. At the discretion of the Presiding Mayor, all comments may be considered jointly. All requests to speak shall be submitted in writing to the Clerk of the Council at the beginning of the meeting and before Public Comments begin. Speaker forms will be available at the meeting. REQUESTS TO SPEAK SHALL NOT BE ACCEPTED AFTER THE PUBLIC COMMENT SESSION BEGINS WITHOUT PERMISSION OF THE PRESIDING MAYOR. When speaking, all persons addressing the City Council shall follow the rules of decorum as detailed on the back of the speaker form. The presiding officer shall have the power and responsibility to enforce decorum and order of the meeting as set forth in Section 2-104(c) of the Santa Ana Municipal Code. Written Communication – Correspondence regarding any item on the agenda may be faxed to (714) 647-6956 or emailed to eComments@santa-ana.org. Please submit by 3 p.m. on City Council meeting day to allow sufficient time to upload to the website and circulate to the City Council for their consideration. Emails received after 3 p.m. will be uploaded to the City’s website the day after the meeting. Translation Services - Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (Spanish-to-English) in addition to those wishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Concilio. La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al concilio municipal en el podio. Televised Meeting Schedule - All regular meetings will be televised and available for viewing on the City’s cable channel. Meetings held in the Council Chamber or other designated locations which are televised live on CTV3 Spectrum (formerly Time Warner Cable) will be cablecast Mondays at 6:00 p.m., Tuesdays immediately following the meeting at 9:00 a.m., Wednesdays at 6:00 p.m., and Sundays at 1:00 p.m. Meetings are also available in SAP. Meetings held in locations that do not have a live cable feed will be videotaped and shown on CTV3 the day after the meeting. DVD copies of the meetings are available for public circulation at the Santa Ana Main Library the day after a meeting. CITY VISION, STRATEGIC PLAN AND CODE OF ETHICS The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follow: Vision - The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • Enriched and diverse culture • Quality government services Mission - To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents. Guiding Principles - Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility • Innovation • Transparency Five-Year Strategic Plan - Goals/Objectives/Strategies: Full report available at: http://www.santa-ana.org/strategic-planning/ Goal 1 - Community Safety Goal 2 - Youth, Education, Recreation Goal 3 - Economic Development Goal 4 - City Financial Stability Goal 5 - Community Health, Livability, Engagement & Sustainability Goal 6 - Community Facilities & Infrastructure Goal 7 - Team Santa Ana Code of Ethics and Conduct - At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: Integrity · Honesty · Responsibility · • • •• Fairness · Accountability · Respect · Efficiency • • • CITY COUNCIL AGENDA 2 DECEMBER 20, 2016 CITY OF SANTA ANA CITY COUNCIL REGULAR OPEN MEETING DECEMBER 20, 2016 REGULAR OPEN MEETING 5:45 p.m. (Immediately following the Closed Session Meeting) CALL TO ORDER MAYOR PULIDO COUNCILMEMBERS BENAVIDES, MARTINEZ, SARMIENTO, SOLORIO, TINAJERO AND VILLEGAS PLEDGE OF ALLEGIANCE MAYOR PULIDO INVOCATION CURTIS SMITH, POLICE CHAPLAIN PRESENTATION CERTIFICATES OF RECOGNITION presented by MAYOR PRO TEM MARTINEZ to Santa Ana High School Varsity Football Team for going undefeated and making it to the California Interscholastic Federation finals: Coaches: Kris Brown; David Gutierrez; Dakota Lambert; Bill Lux; Cesar Plascentia; Diego Perez; Albert Rodriguez; Thomas Salue; Lance Tayco; Charlie TeGantvoort; Wyatt Teneyet; Na Tukia; Hector Uresti Captains: Jonathan Briseno; Jorge Briseno; Steven Cruz; Roger Leon; Tui Levao Jesus Viera Players: Luis Aguilar; Pablo Aguirre; Pablo Arredondo; Marcos Barriga; Joshua Brito; Leo Bucio; Kevinn Cea; Alan Contreras; Julian Dimas; Matt Dorantes; Enrique Durate; Zennen Flores; Francisco Franco; David Garcia; Ricardo Garcia; Julian Gomez; Mario Gonzalez; Mark Hernandez; Eddy Lares; Nick Larriva; Miguel Leon; Damian Macias; Everado Medrano; Ismael Mojica; Ricardo Ornelas; Allen Pacheco; Kelvin Pacheco; Israel Pantaleon; John Ramirez; Jerard Rojas; Henry Sandierano; John Sibrian; Ulysses Velasco; Jose Zaragoza CLOSED SESSION REPORT The City Attorney will report items to be added to Consent Calendar Item 19A from the Closed Session meeting. CITY COUNCIL AGENDA 3 DECEMBER 20, 2016 PUBLIC COMMENTS Pursuant to Government Code Sec. 54954.3, members of the public may address either the City Council or any of the City’s other related entities, such as the Housing Authority, Successor Agency or other legislative bodies, meeting in conjunction with this scheduled meeting. Public comments may be made on any and all matters within the City of Santa Ana's jurisdiction or the jurisdiction of the other related entities. At the discretion of the Chair, at the first Public Comment portion of the meeting, all comments may be considered jointly. The public will be given the opportunity to speak three (3) minutes on any and all matters contained on any of the Consent Calendar and Business Calendar items and/or on issues of public interest within the jurisdiction of the City. For public hearings, members of the public shall be given three (3) minutes for each duly noticed hearing (unless the matter is continued prior to taking public testimony). All requests to speak shall be submitted in writing to the Clerk of the Council at the beginning of the meeting and before Public Comments begin. Speaker forms will be available at the meeting. REQUESTS TO SPEAK SHALL NOT BE ACCEPTED AFTER THE PUBLIC COMMENT SESSION BEGINS WITHOUT PERMISSION OF THE MAYOR. When speaking, all persons addressing the City Council shall follow the rules of decorum as detailed on the back of the speaker form. The presiding officer shall have the power and responsibility to enforce decorum and order of the meeting as set forth in Section 2-104(c) of the Santa Ana Municipal Code. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar items: Items 10A through 31F. ADMINISTRATIVE MATTERS MINUTES 10A. MINUTES FROM THE REGULAR MEETING OF DECEMBER 6, 2016 {STRATEGIC PLAN NO. 5, 1} - Clerk of the Council Office RECOMMENDED ACTION: Approve Minutes. 10B. MINUTES FROM THE SPECIAL MEETING OF DECEMBER 13, 2016 {STRATEGIC PLAN NO. 5, 1} - Clerk of the Council Office RECOMMENDED ACTION: 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. ZONING ORDINANCE AMENDMENT NO. 2016-04 TO AMEND PROVISIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE RELATING TO CITY COUNCIL AGENDA 4 DECEMBER 20, 2016 UNDERGROUND UTILITY INSTALLATIONS – CITY OF SANTA ANA, APPLICANT {STRATEGIC PLAN NOS. 5, 1} - Clerk of the Council Office Placed on first reading at the December 6, 2016 City Council meeting and approved by a vote of 4-0 (Martinez, Pulido and Reyna absent). Published in the Orange County Reporter on December 9, 2016. RECOMMENDED ACTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS-2906 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO PROVISIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE REQUIREMENT OF UNDERGROUND UTILITY INSTALLATIONS 11B. AMENDMENT APPLICATION NO. 2016-04 TO REMOVE AND REPLACE THE CITY OF SANTA ANA ZONING SECTIONAL DISTRICT MAPS, CITY OF SANTA ANA - APPLICANT {STRATEGIC PLAN NOS. 5, 1} - Clerk of the Council Office Placed on first reading at the December 6, 2016 City Council meeting and approved by a vote of 4-0 (Martinez, Pulido and Reyna absent). Published in the Orange County Reporter on December 9, 2016. RECOMMENDED ACTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS-2907 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPLACING THE CITY OF SANTA ANA ZONING SECTIONAL DISTRICT MAPS INTO A NEW GRAPHIC FORMAT BOARDS / COMMISSIONS / COMMITTEES 13A. NOMINATED BY COUNCILMEMBER SOLORIO AS THE WARD 3 REPRESENTATIVE TO THE PLANNING COMMISSION FOR A FULL TERM EXPIRING DECEMBER 15, 2020 {STRATEGIC PLAN NO. 5, 1} - Clerk of the Council Office RECOMMENDED ACTION: Appoint Kenneth Nguyen to the Planning Commission (Ward 4 resident; replacing B. Bauer). 13B. NOMINATED BY COUNCILMEMBER SOLORIO AS THE WARD 3 REPRESENTATIVE TO THE HISTORIC RESOURCES COMMISSION FOR A FULL TERM EXPIRING DECEMBER 15, 2020 {STRATEGIC PLAN NO. 5, 1} - Clerk of the Council Office CITY COUNCIL AGENDA 5 DECEMBER 20, 2016 RECOMMENDED ACTION: Appoint Mike Tardif to the Historic Resources Commission (Ward 3 resident). 13C. NOMINATED BY COUNCILMEMBER VILLEGAS AS THE WARD 5 REPRESENTATIVE TO THE PLANNING COMMISSION FOR A FULL TERM EXPIRING DECEMBER 15, 2020 {STRATEGIC PLAN NO. 5, 1} - Clerk of the Council Office RECOMMENDED ACTION: Appoint Cynthia Contreras-Leo to the Planning Commission (Ward 6 resident; replacing J. Gartner). 13D. NOMINATED BY COUNCILMEMBER VILLEGAS AS THE WARD 5 REPRESENTATIVE TO THE PERSONNEL BOARD FOR A FULL TERM EXPIRING DECEMBER 15, 2020 {STRATEGIC PLAN NO. 5, 1} - Clerk of the Council Office RECOMMENDED ACTION: Appoint Stephanie Najera to the Personnel Board (Ward 5 resident). FINAL TRACT MAP NOTIFICATIONS Pursuant to Section 34-183 of the Santa Ana Municipal Code, the City Engineer has received this Final Map and is in the process of reviewing the map for final approval. The City Engineer shall approve or disapprove this map within 10 days of the City Council Meeting. 17A. CERTIFICATION AND APPROVAL BY CITY ENGINEER – FINAL TRACT MAP NO. 17715 (4010 WEST MCFADDEN AVENUE) {STRATEGIC PLAN NO. 3, 2} - Public Works Agency RECOMMENDED ACTION: Receive and file. MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) – City Attorney’s Office 19B. EXCUSED ABSENCES – Clerk of the Council Office 19C. STRATEGIC PLAN MONTHLY REPORT FOR NOVEMBER 2016 {STRATEGIC PLAN NO. 5, 1} - City Manager's Office RECOMMENDED ACTION: Receive and file. CITY COUNCIL AGENDA 6 DECEMBER 20, 2016 19D. REQUEST FOR PROPOSALS FOR PREPARATION OF TECHNICAL STUDIES AND SERVICES AS PART OF THE SANTA ANA COMPREHENISVE GENERAL PLAN UPDATE {STRATEGIC PLAN NO. 3, 2A; 5, 6} - Planning and Building Agency RECOMMENDED ACTION: Authorize the Planning and Building Agency to release the Request for Proposals to qualified consulting firms to provide planning and technical services and support for the preparation of comprehensive General Plan Update for the City of Santa Ana. 19E. DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT METRICS {STRATEGIC PLAN NO. 3, 4} - Community Development Agency RECOMMENDED ACTION: Receive and file. 19F. COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR- ENDED JUNE 30, 2016 {STRATEGIC PLAN NO. 4, 1} - Finance and Management Services RECOMMENDED ACTION: Receive and file the following audited and separately issued reports for Fiscal Year Ended June 30, 2016: 1. Comprehensive Annual Financial Report 2. Air Quality Management District (AQMD) 3. Appropriations Limit (GANN Limit) 4. Compliance with the Statement of Investment Policy BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A. AGREEMENT FOR ECONOMIC DEVELOPMENT SERVICES {STRATEGIC PLAN NO. 3, 1C & 1E} - Community Development Agency RECOMMENDED ACTIONS: 1.AGMT - Authorize the City Manager and Clerk of the Council to execute an agreement with the Greater Santa Ana Vitality Foundation, a non-profit arm of the Santa Ana Chamber of Commerce, subject to non-substantive changes approved by the City Manager and City Attorney, for economic development services, for a one-year period ending on December 20, 2017, in the amount not to exceed $500,000. 2.Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2017-71- Recognizing $500,000 in revenue CITY COUNCIL AGENDA 7 DECEMBER 20, 2016 fees account and appropriate the funds to the Economic Development Contract Services expenditure account for the agreement with Greater Santa Ana Vitality Foundation. 20B. CONTRIBUTE TO THE CITY’S PENSION STABILITY FUND {STRATEGIC PLAN NO. 4, 1} (SURPLUS ALLOCATION FUNDING) - Finance and Management Services RECOMMENDED ACTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2017-064 - Appropriating $500,000 from Fund Balance, resulting from Fiscal Year 2015-16 (General Fund), for the City’s contribution to the Public Agency Retirement Services account for the purpose of pre-funding pension obligations. SPECIFICATIONS – PURCHASE OF EQUIPMENT AND SERVICES 22A. SPEC. NO. 16-134 - CONTRACT AWARD FOR ONE CHEVY PASSENGER VAN {STRATEGIC PLAN NO. 6, 2} (Police Department) - Finance and Management Services RECOMMENDED ACTION: Authorize a one-time purchase and payment of purchase order to Santa Ana vendor Guaranty Chevrolet Motors, Inc., for the purchase of one Chevy 2500 passenger van in an amount not to exceed $29,530 plus a contingency of $1,475 for a total amount of $31,005, subject to non-substantive changes approved by the City Manager and City Attorney. 22B. SPEC. NO. 16-135 - CONTRACT AWARD FOR ONE CHEVY TAHOE SPORT UTILITY VEHICLE (SUV) {STRATEGIC PLAN NO. 6, 2} (SURPLUS ALLOCATION FUNDING) - Finance and Management Services RECOMMENDED ACTION: Authorize a one-time purchase and payment of purchase order to Santa Ana vendor Guaranty Chevrolet Motors, Inc. for the purchase of one Chevy Tahoe SUV in an amount not to exceed $48,435 plus a contingency of $2,420 for a total amount of $50,855, subject to non-substantive changes approved by the City Manager and City Attorney. PROJECTS/CHANGE ORDERS 23A. AWARD CONTRACT FOR PEDESTRIAN IMPROVEMENTS ON SANTA ANA BOULEVARD PROJECT (PROJECT NO. 17-6888) {STRATEGIC PLAN NO. 1, 3B} - Public Works Agency RECOMMENDED ACTIONS: CITY COUNCIL AGENDA 8 DECEMBER 20, 2016 1.Authorize the City Manager and Clerk of the Council to award and execute a construction contract to Hardy & Harper, Inc., the lowest responsible bidder, in accordance with the base bid plus Additive Alternates 1, 2, and 3, in the amount of $278,000, for the term beginning upon execution of the contract and ending upon project completion, to install Pedestrian Improvements on Santa Ana Boulevard, subject to non-substantive changes approved by the City Manager and the City Attorney. 2.Approve the Project Cost Analysis for a total estimated construction delivery cost of $347,500, which includes the construction contract, administration, inspection and testing, and an authorized contingency of $27,800. AGREEMENTS 25A. AGMT - LEASE AGREEMENT FOR WESTEND SUBSTATION OFFICE {STRATEGIC PLAN NO. 1, 1F} - Police Department RECOMMENDED ACTION: Authorize the City Manager and Clerk of the Council to execute a month-to-month lease agreement with Rio West, LLC, for the period of November 1, 2016 to October 31, 2017, for the use of the Westend Substation, in the amount of $2,472 per month, subject to non-substantive changes approved by the City Manager and City Attorney. 25B. AGMT - AMENDMENT TO LOAN AGREEMENT AND PROMISSORY NOTE FOR AFFORDABLE HOUSING AT 2151 EAST FIRST STREET {STRATEGIC PLAN NO. 5, 3A; 3C} - Community Development Agency RECOMMENDED ACTION: Authorize the City Manager and the Clerk of the Council to execute an amendment to the HOME Investment Partnerships Program loan agreement and Promissory Note with Guest House LP to include the Limited Partner in the agreement and to adjust the affordability of the units in the event of a foreclosure for 71 units of affordable housing at 2151 E. First Street, subject to non- substantive changes approved by the City Manager and City Attorney. 25C. AGMT - PURCHASE OF UNLEADED AND DIESEL FUEL {STRATEGIC PLAN NO. 6, 2} - Finance and Management Services RECOMMENDED ACTION: Authorize the City Manager and Clerk of the Council to execute a one-year agreement from January 1, 2017 through December 31, 2017 with Santa Ana vendor IPC Fuel Distribution, Inc. in a total amount not to exceed $950,000, subject to non-substantive changes approved by the City Manager and City Attorney. 25D. AGMT - MAINTENANCE AND SUPPORT OF CLASS SOFTWARE FOR THE CITY'S ATHLETIC FIELDS, RECREATION CENTERS AND SENIOR CENTERS CITY COUNCIL AGENDA 9 DECEMBER 20, 2016 {STRATEGIC PLAN NO. 5, 6C} (SURPLUS FUNDING) - Parks, Recreation and Community Services Agency RECOMMENDED ACTION: Authorize the City Manager and Clerk of the Council to execute a second amendment with Active Network, which will extend the term end-date from November 30, 2016 to November 30, 2017 and increase the total amount under the existing agreement and amendment by $11,965.91 for the renewal period for a total amount of $34,230.88 for the three-year period, subject to non-substantive changes approved by the City Manager and City Attorney. 25E. AGMT - ENVIRONMENTAL CONSULTING SERVICES TO PROVIDE A TRAFFIC IMPACT STUDY FOR THE METRO EAST MIXED USE OVERLAY DISTRICT EXPANSION PROJECT {STRATEGIC PLAN NO. 3, 2 B; 5, 3 A, B, C} - Planning and Building Agency RECOMMENDED ACTION: - Authorize the City Manager and the Clerk of the Council to execute an agreement with KOA Corporation (“KOA”) with an aggregate amount not to exceed $80,518.75 for a one-year term expiring on December 31, 2017, subject to non-substantive changes approved by the City Manager and City Attorney. 25F. AGMT - ENVIRONMENTAL CONSULTING SERVICES TO PROVIDE A PARKING STUDY FOR THE METRO EAST MIXED USE OVERLAY DISTRICT EXPANSION PROJECT {STRATEGIC PLAN NO. 3, 2 B; 5, 3 A, B, C} - Planning and Building Agency RECOMMENDED ACTION: Authorize the City Manager and the Clerk of the Council to execute the attached agreement with DKS Associates (“DKS”) to prepare an innovative, phased, and transitional parking code requirements study with an aggregate amount not to exceed $99,972 for a one-year term expiring on December 31, 2017, subject to non-substantive changes approved by the City Manager and City Attorney. 25G. AGMT - APPROVE PURCHASE AGREEMENT FOR BRISTOL STREET IMPROVEMENTS PHASE 3A (PROJECT 136792 NONGENERAL FUND) {STRATEGIC PLAN NOS. 6, 1G; 3, 2C} - Public Works Agency RECOMMENDED ACTION: Authorize the City Manager and Clerk of the Council to execute a purchase agreement for the purchase price for the full real property acquisition and goodwill (if any) with property owner George De Anda, for the property located at 1221 North Bristol Street and 1240 West Washington Avenue (APN Nos. 405-274-12; 405-274-13), in an amount of $1,300,000, subject to non- substantive changes approved by the City Manager and City Attorney. CITY COUNCIL AGENDA 10 DECEMBER 20, 2016 25H. AGMT - RENEWAL OF AN AGREEMENT TO PROVIDE A TRUST PLAN FOR A LIMITED NUMBER RETIRED POLICE OFFICERS ASSOCIATION (POA) MEMBERS {STRATEGIC PLAN NO. 7, 4} – Personnel Services RECOMMENDED ACTION: Authorize the City Manager and Clerk of the Council to restate and amend the agreement with Public Agency Retirement Services, establishing a trust to provide supplemental retirement benefits to a limited number of former Police Officers Association members for an extended period in an amount not to exceed $125,000 per year, subject to non-substantive changes approved by the City Manager and City Attorney. 25I. AGMT - APPROVE TENANT-INTEREST PURCHASE AGREEMENT FOR BRISTOL STREET IMPROVEMENTS PHASE 4 (PROJECT NO. 116741, NONGENERAL FUND) {STRATEGIC PLAN NOS. 6, 1G; 3, 2C} - Public Works Agency RECOMMENDED ACTION: Authorize the City Manager and Clerk of the Council to execute a purchase agreement of Tenant Interest and goodwill (if any) with property owner, Mike Otero, for the property located at 2123 South Bristol Street (APN Nos. 015-194-20, -21, -22) in the amount of $31,335. 25J. AGMT - CONSULTANT DESIGN SERVICES FOR THE SANTA ANA ZOO GIANT RIVER OTTER EXHIBIT (PROJECT NO. 16-2658) {STRATEGIC PLAN NO. 6, 1G} - Public Works Agency and Parks Recreation and Community Services RECOMMENDED ACTION: Authorize the City Manager and Clerk of the Council to execute an agreement with CLR Design for the two-year term beginning December 21, 2016, and expiring on December 20, 2018, with the option for the City to grant up to a two one-year renewal options, in the total amount of $313,695, and authorize a 10 percent contingency for design in the amount of $31,370, subject to nonsubstantive changes approved by the City Manager and City Attorney. MISCELLANEOUS - BUDGET 29A. PAYMENT AUTHORIZATION TO PROCURE AMERICA FOR ELECTRIC UTILITY COST REDUCTION SERVICES {STRATEGIC PLAN NO. 4, 3D} - Finance and Management Services; and Parks Recreation and Community Services RECOMMENDED ACTION: Authorize payment of Procure America Invoice #6- 1603b in the amount of $15,078.99 as compensation for generating electrical utility cost savings under Agreement A-2014-227. 29B. DONATION AGREEMENT TO SUPPORT A RELAY FOR LIFE EVENT {STRATEGIC PLAN NO. 5, 4} - Councilmember Tinajero CITY COUNCIL AGENDA 11 DECEMBER 20, 2016 RECOMMENDED ACTION: Authorize the City Manager and Clerk of the Council to execute an agreement with American Cancer Society, Inc. for a one-time donation amount of $1,000, subject to non-substantive changes approved by the City Manager and the City Attorney. LAND USE MATTERS CONDITIONAL USE PERMIT/VARIANCES 31A. CONDITIONAL USE PERMIT NO. 2016-36 AND VARIANCE NO. 2016-07 TO ALLOW THE TWO THUMBS UP CAR WASH AT 4412 WESTMINSTER AVENUE – JAMES GARTNER, APPLICANT {STRATEGIC PLAN NO. 3, 2} - Planning and Building Agency Planning Commission approved recommended action on November 28, 2017, by a vote of 6-0 (Gartner abstained). RECOMMENDED ACTION: Receive and file the staff report approving Conditional Use Permit No. 2016-36 as conditioned and Variance No. 2016-07 as conditioned. 31B. CONDITIONAL USE PERMIT NO. 2016-27 TO ALLOW A 60-FOOT HIGH WIRELESS COMMUNICATIONS FACILITY FOR SBA COMMUNICATIONS AT 2700 SOUTH FAIRVIEW STREET - VIRTUAL SITE WALK, APPLICANT {STRATEGIC PLAN NOS. 3, 2, 5} - Planning and Building Agency Planning Commission approved recommended action on November 28, 2017, by a vote of 7-0. RECOMMENDED ACTION: Receive and file the staff report approving Conditional Use Permit No. 2016-27 as conditioned. 31C. CONDITIONAL USE PERMIT NO. 2016-34 TO ALLOW THE OPERATION OF A MICROBREWERY WITH A LIMITED TASTING AREA AND LIMITED DIRECT SALES TO CUSTOMERS LOCATED AT 3480 WEST WARNER AVENUE, UNIT B - SANTA ANA RIVER BREWING CO., APPLICANT {STRATEGIC PLAN NOS. 3, 2, 4} - Planning and Building Agency Planning Commission approved recommended action on November 28, 2017, by a vote of 7-0. RECOMMENDED ACTION: Receive and file the staff report approving Conditional Use Permit No. 2016-34 as conditioned. CITY COUNCIL AGENDA 12 DECEMBER 20, 2016 31D. CONDITIONAL USE PERMIT NO. 2016-39 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION FOR PIZZA HUT RESTAURANT LOCATED AT 3317 SOUTH BRISTOL STREET - ALICIA MALDONADO, APPLICANT {STRATEGIC PLAN NO. 3, 2} - Planning and Building Agency Planning Commission approved recommended action on November 28, 2017, by a vote of 7-0. RECOMMENDED ACTION: Receive and file the staff report approving Conditional Use Permit No. 2016-39. 31E. CONDITIONAL USE PERMIT NO. 2016-40 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION AT 2791 NORTH MAIN STREET - TERRY WOMACK, APPLICANT {STRATEGIC PLAN NOS. 3, 2, 4} - Planning and Building Agency Planning Commission approved recommended action on November 28, 2017, by a vote of 7-0. RECOMMENDED ACTION: Receive and file the staff report approving Conditional Use Permit No. 2016-40. 31F. CONDITIONAL USE PERMIT NO. 2016-42 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION AND CONDITIONAL USE PERMIT NO. 2016-43 TO ALLOW AFTER-HOURS OPERATION UNTIL 2:00 A.M. FOR GU RAMEN LOCATED AT 304 NORTH MAIN STREET - GREGG HANOUR, APPLICANT {STRATEGIC PLAN NO. 3, 2, 4} - Planning and Building Agency Planning Commission approved recommended action on November 28, 2017, by a vote of 7-0. RECOMMENDED ACTION: Receive and file the staff report approving Conditional Use Permit No. 2016-42 and Conditional Use Permit No. 2016-43 as conditioned. **END OF CONSENT CALENDAR** OATH OF OFFICE ADMINISTERED TO THE FOLLOWING COMMISSIONERS: 1.KENNETH NGUYEN, PLANNING COMMISSION 2.MIKE TARDIF, HISTORIC RESOURCES COMMISSION CITY COUNCIL AGENDA 13 DECEMBER 20, 2016 3.CYNTHIA CONTRERAS-LEO, PLANNING COMMISSION 4.STEPHANIE NAJERA, PERSONNEL BOARD BUSINESS CALENDAR ORDINANCES/FIRST READING 50A. ORDINANCE TO COMPLY WITH NEW STATE LAW (PROP 64); ORDINANCE TO REGULATE INDOOR CULTIVATION OF MARIJUANA FOR PERSONAL USE; REQUIRE INDIVIDUALS OBTAIN RESIDENTIAL CULTIVATION PERMIT SUBJECT TO REASONABLE REGULATIONS; PROHIBIT INDOOR COMMERCIAL AND OUTDOOR MARIJUANA CULTIVATION {STRATEGIC PLAN 1; 3; 4; 5} - City Manager's Office; City Attorney; and Planning and Building Agency RECOMMENDED ACTIONS: 1.Place ordinance on first reading and authorize publication of title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO COMPLY WITH NEW STATE LAW (PROP 64); ORDINANCE TO REGULATE INDOOR CULTIVATION OF MARIJUANA FOR PERSONAL USE TO NO MORE THAN SIX (6) LIVING MARIJUANA PLANTS WITHIN A PRIVATE RESIDENCE SUBJECT TO REASONABLE REGULATIONS; REQUIRE INDIVIDUALS OBTAIN RESIDENTIAL CULTIVATION PERMIT; PROHIBIT COMMERCIAL AND OUTDOOR MARIJUANA CULTIVATION 2.Require individuals obtain a residential cultivation permit subject to reasonable regulations. 3.Completely ban commercial and outdoor marijuana cultivation. 50B. ORDINANCE AMENDING CHAPTER 33, ARTICLE VII, OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE ROLE AND DUTIES OF THE ENVIRONMENTAL AND TRANSPORTATION ADVISORY COMMITTEE (ETAC) {STRATEGIC PLAN NO. 6, 1G} - Public Works Agency RECOMMENDED ACTION: Place ordinance on first reading and authorize publication of title. CITY COUNCIL AGENDA 14 DECEMBER 20, 2016 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 33, ARTICLE VII OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE ROLE AND DUTIES OF THE ENVIRONMENTAL AND TRANSPORTATION ADVISORY COMMITTEE 50C. ORDINANCE RELATING TO THE CITY’S PROCEDURES CONCERNING IMMIGRATION STATUS AND THE ENFORCEMENT OF FEDERAL IMMIGRATION LAW FOLLOWING THE DECLARATION OF THE CITY OF SANTA ANA AS A SANCTUARY FOR ALL ITS RESIDENTS {STRATEGIC PLAN NO. 5, 6F}- City Manager's Office RECOMMENDED ACTION: Place ordinance on first reading and authorize publication of title. AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA RELATING TO THE CITY’S PROCEDURES CONCERNING IMMIGRATION STATUS AND THE ENFORCEMENT OF FEDERAL IMMIGRATION LAW FOLLOWING THE DECLARATION OF THE CITY OF SANTA ANA AS A SANCTUARY FOR ALL ITS RESIDENTS 50D. REGULATE MOBILE FOOD VENDING VEHICLES {STRATEGIC PLAN NO 5, 4} - Planning and Building Agency RECOMMENDED ACTION: Continue consideration of matter at the request of staff to a future meeting. RESOLUTIONS 55A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE AGREEMENT BETWEEN POLICE OFFICER MCCARTHY AND THE CITY OF SANTA ANA RELATING TO THE PURCHASE OF A POLICE K-9 {STRATEGIC PLAN GOAL NO. 1, 3A} - Police Department RECOMMENDED ACTIONS: 1. Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE AGREEMENT BETWEEN POLICE OFFICER MCCARTHY AND THE CITY OF SANTA ANA RELATING TO THE PURCHASE OF A POLICE K-9 2. AGMT - Authorize the City Manager and Clerk of the Council to execute the attached purchase agreement with Santa Ana Police Officer McCarthy for the purchase of his retired Police K-9 in the amount of $1, subject to non-substantive changes approved by the City Attorney and City Manager. CITY COUNCIL AGENDA 15 DECEMBER 20, 2016 55B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING A DONATION OF EQUIPMENT FOR THE SANTA ANA POLICE ATHLETIC & ACTIVITY LEAGUE PROGRAM (SAPAAL) FROM THE LA GALAXY FOUNDATION AND SOUTHERN NEW HAMPSHIRE UNIVERSITY {STRATEGIC PLAN NO. 1, C} - Police Department RECOMMENDED ACTION: Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING THE DONATION OF EQUIPMENT FOR THE SANTA ANA POLICE ATHLETIC & ACTIVITY LEAGUE PROGRAM FROM THE LA GALAXY FOUNDATION AND SOUTHERN NEW HAMPSHIRE UNIVERSITY REPORTS 65A. APPROVE THE ANNUAL CALENDAR OF REGULAR CITY COUNCIL MEETINGS FOR 2017 {STRATEGIC PLAN NO. 5, 1} - Clerk of the Council Office RECOMMENDED ACTIONS: 1. Review calendar of regularly scheduled City Council Meetings in 2017. 2. Cancel the regularly scheduled City Council meeting of January 3, 2017 and any other deemed necessary. 3. Approve the 2017 calendar of regularly scheduled City Council meetings. 4. Direct staff to post Notice of Cancellation(s). The City Council hereby waives notice of said meetings as required by the government code. 65B. 2017 ANNUAL REVIEW AND APPOINTMENT OF REGIONAL BOARD REPRESENTATIVES {STRATEGIC PLAN NO. 5, 1} - Clerk of the Council Office RECOMMENDED ACTIONS: 1. Review the regional board appointment list and appoint members and alternates to serve as representatives to various outside agencies through December 2017 (or specific term where noted); and, 2. Adopt a resolution designating and appointing a representative to the Orange County Fire Authority's Board of Directors; and, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, REPEALING RESOLUTION NO. 2016-058 AND CITY COUNCIL AGENDA 16 DECEMBER 20, 2016 DESIGNATING AND APPOINTING ITS REPRESENTATIVE TO THE ORANGE COUNTY FIRE AUTHORITY'S BOARD OF DIRECTORS 3. Direct the Clerk of the Council to update and post the Fair Political Practices Commission (FPPC) Form 806 (Agency Report of Public Official Appointments) on the City's website. 65C. APPROVE THE BUDGET CALENDAR FOR FISCAL YEAR 2017-18 {STRATEGIC PLAN NO. 4, 1} - Finance and Management Services RECOMMENDED ACTION: Approve the Budget Calendar for fiscal year 2017- 2018. 65D. COMMUNITY ENHANCEMENT PROGRAM GRANT AGREEMENTS AND APPROPRIATION ADJUSTMENT FOR FISCAL YEAR 2016-2017 {STRATEGIC PLAN NOS. 2,2A; 2,2B; 5,4B; 5,5C; 5,6C } – Commundity Development Agency RECOMMENDED ACTIONS: 1.Approve one of the funding options for the 2016-2017 Community Enhancement Program Grant in the amount of $500,000: 1a. Award funds to the eight highest ranked nonprofit programs for the requested funding amount, for a total of $485,643, and allocate $14,357 for administrative costs (Staff recommended action); or 1b. Award funds to the nine highest ranked nonprofit programs, with a of 7.5% reduction of the requested funding amount, for a total of $500,000. 2. AGMTS - Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements with nonprofit agencies awarded Community Enhancement Program Grants, subject to non-substantive changes approved by the City Manager and City Attorney. 3. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2017-070 - Approve and Appropriation Adjustment to appropriate $500,000 from Fund Balance, resulting from Fiscal Year 2015-16 (General Fund) for the City’s Community Enhancement Grant Program. 65E. EVALUATION OF OPTIONS CONCERNING POTENTIAL TRANSITION TO A BY-DISTRICT ELECTIONS SYSTEM {STRATEGIC PLAN NO. 5, 1} – City Attorney’s Office RECOMMENDED ACTION: Discuss the information and options contained in staff report and provide further direction. CITY COUNCIL AGENDA 17 DECEMBER 20, 2016 65F. ADOPT THE FISCAL YEAR 2015-16 SURPLUS ALLOCATION PLAN {STRATEGIC PLAN NOS. 1, 1; 2, 1, 2} - Finance and Management Services RECOMMENDED ACTION: Approve an appropriation adjustment. (Requires five affirmative votes) 1.Review and select an option for the Surplus Allocation Funds for Fiscal Year 2015-16 in the amount of $2,620,000: Option A: Public Safety and Neighborhood Improvement Committee recommended the following initiatives, total of $2,620,000:  Skate Park - $1,120,000  Park Development / Joint Use - $1,500,000 Option B: Enforcement and Neighborhood Public Safety Initiatives to be utilized for various Police Department purchases total of $2,620,000 (Exhibit 1):  Enforcement (reduction in crime, auto theft, domestic violence)  Prevention  Intervention 2.Approve $880,000 from the Fiscal Year 2015-16 Surplus Allocation Funds for the following items:  Public Safety initiative of the shared cost of construction for the County Animal Shelter - $750,000  Public Safety Communication – 800 MHz Partnership Costs, to fully fund obligation - $130,000 3.Approve formal implementation of items previously approved by Council of the unanticipated Triple Flip of $5,600,000 (Exhibit 2)  Enterprise Fund Assessment reduction to the General Fund – $2,388,082  Transfer of Graffiti Abatement Services from the Sanitation Fund to the General Fund – $1,200,000  Civic Center Safety and Security Enhancement Initiatives – $731,836  Public Safety Communication – 800 MHz Partnership Costs – $1,280,082 PUBLIC HEARINGS 75A. 2017 DOWNTOWN BUSINESS IMPROVEMENT DISTRICT ASSESSMENT {STRATEGIC PLAN NO. 3, 4F} - Community Development Agency Legal Notice published in the Orange County Reporter on December 9, 2016. RECOMMENDED ACTIONS: CITY COUNCIL AGENDA 18 DECEMBER 20, 2016 1.Conduct a public hearing to consider all protests regarding the intention to levy an assessment for 2017 for the Downtown Santa Ana Business Improvement District. 2. Review any written protests filed prior to the close of the public hearing and determine whether they constitute a majority protest. 2.If the Council determines that no valid majority protest was lodged, adopt a resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA LEVYING AN ASSESSMENT FOR THE DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT FOR CALENDAR YEAR 2017 75B. FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2015-03 FOR THE HERITAGE VILLAGE MIXED-USE DEVELOPMENT AT 2001 EAST DYER ROAD – PAMELA SAPETTO, APPLICANT {STRATEGIC PLAN NO. 5, 3} - Planning and Building Agency Planning Commission denied the First Amendment to Development Agreement No. 2015- 03 on November 14, 2017 by a vote of 5-1 (Gartner opposed, Bacerra abstained). Legal Notice published in the Orange County Reporter on November 25, 2016 and notices mailed on December 8, 2016. Consideration of item continued from the December 6, 2016 City Council meeting. RECOMMENDED ACTIONS: 1. Place ordinance on first reading and authorize publication of title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND HERITAGE VILLAGE LLC, A CALIFORNIA LIMITED LIABILITY COMPANY 2.AGMT - Approve the First Amendment to Development Agreement No. 2015-03. JOINT SESSIONS OF THE CITY COUNCIL AND THE HOUSING AUTHORITY 80A. HOUSING SUCCESSOR ANNUAL REPORT FOR FY 2015-16 – LOW AND MODERATE INCOME HOUSING ASSET FUND {STRATEGIC PLAN NO. 5, 1} CITY COUNCIL ACTION RECOMMENDED ACTIONS: Receive and file. CITY COUNCIL AGENDA 19 DECEMBER 20, 2016 HOUSING AUTHORITY ACTION RECOMMENDED ACTIONS: Receive and file. 80B. APPROVAL OF CONDITIONAL LOAN COMMITMENT AND AWARD OF $6,195,000 OF AFFORDABLE HOUSING FUNDS TO AMCAL MULTI-HOUSING, INC FOR THE FIRST STREET APARTMENTS PROJECT {STRATEGIC PLAN NO. 5, 3C} CITY COUNCIL RECOMMENDED ACTIONS: 1.AGMT - Authorize the City Manager to execute a conditional loan commitment letter for $2,600,000 of inclusionary housing in-lieu fees anticipated from the Heritage Village OC, LLC in order to reduce the $8,795,000 previously approved by City Council on April 19, 2016, that will be contingent on the City’s actual receipt of an in-lieu fee payment of $2,600,000 from Heritage Village OC, LLC. 2.Authorize the City Manager/Executive Director and the City Attorney to draft loan agreements for future City Council consideration in an amount not to exceed $2,600,000 for the First Street Apartments Project. HOUSING AUTHORITY RECOMMENDED ACTIONS: 1.Award $6,195,000 in Housing Successor Agency funds to AMCAL Multi-Housing, Inc for the First Street Apartments Project located at 1440 East First Street in Santa Ana as provided in the pre-commitment letter. 2.Authorize the City Manager/Executive Director and the City Attorney to draft loan agreements for future Housing Authority consideration in an amount not to exceed $6,195,000 for the First Street Apartments Project. SPECIAL MEETING OF THE HOUSING AUTHORITY (Blue Agenda) COMMENTS PUBLIC COMMENTS (If not considered by the Chair at an earlier time. Please refer to Basic City Council Meeting Information page for details). CITY COUNCIL AGENDA 20 DECEMBER 20, 2016 90A. CITY MANAGER’S COMMENTS 90B. CITY COUNCILMEMBER COMMENTS 1.AB1234 DISCLOSURE - This is the time for members of the Council to provide a brief oral report on any conference, meeting or travel paid for by the City. If more than one Councilmember attended the same event, the Mayor may designate one attendee to give the report. 2.ORAL REPORTS - REGIONAL BOARDS ADJOURNMENT - The next regular meeting scheduled on January 3, 2017 to be cancelled. The next meeting of the City Council will be held on Tuesday, January 17, 2017 at 5:00 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. FUTURE AGENDA ITEMS •Community Engagement Program •Drone Regulations CITY COUNCIL AGENDA 21 DECEMBER 20, 2016