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Home My WebLink About10A - MINUTESMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JULY 19, 2010 CLOSED SESSION MEETING CALLED TO ORDER ATTENDANCE PUBLIC COMMENTS - None CLOSED SESSION ITEMS CITY HALL 20 CIVIC CENTER PLAZA, 8T" FLOOR SANTA ANA, CA 5:36 P.M. COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor (5:40 p.m.) CLAUDIA ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES VINCENT F. SARMIENTO SAL TINAJERO ABSENT: CARLOS BUSTAMANTE MICHELE MARTINEZ STAFF Present: DAVID N. REAM, City Manager JOSEPH FLETCHER, City Attorney MARIA D. HUIZAR, Clerk of the Council 1A CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) John Jason vs. the City of Santa Ana Case Nos. 08-4543, 04-3106, 04-3105 (Master), 00-1300 Diamond Environmental Services v. City of Santa Ana Orange County Superior Court Case No. 30-2009-00325274 Richard Jordan v. City of Santa Ana Orange County Superior Court Case No. 30-2009-00125416 CITY COUNCIL MINUTES 1 JULY 19, 2010 1 0A-1 Jeanette Coleman. Freddie Coleman. Orange County Superior Court Case No.: 30-2008 00112637 1B CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Kathie Gonzalez Employee Organizations: Service Employees International Union (SEIU) Santa Ana Management Association Santa Ana Firemen's Benevolent Association Santa Ana Police Officer's Association Santa Ana Police Management Association Santa Ana Fire Management Association Confidential Association of Santa Ana ADJOURNED 6:15 P.M. CITY COUNCIL MINUTES 2 JULY 19, 2010 1 0A-2 REGULAR CITY COUNCIL MEETING CALLED TO ORDER ATTENDANCE PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:22 P.M. COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES VINCENT F. SARMIENTO SAL TINAJERO ABSENT: CARLOS BUSTAMANTE MICHELE MARTINEZ STAFF Present: DAVID N. REAM, City Manager JOSEPH FLETCHER, City Attorney MARIA D. HUIZAR, Clerk of the Council Mayor Pulido Roger Aragon, Police Chaplain CERTIFICATE OF TRIBUTE presented by MAYOR PULIDO commemorating the life of Santa Ana Police Officer Amadu Kabia presented to his mother, Felicita Gachukia. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER BENAVIDES to Robert Flournoy, Love Community Outreach Coordinator, for his efforts in helping to provide food to the neediest individuals and families in our community. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER BENAVIDES to the American Independence Day Planning Committee for organizing and contributing to the American Independence Day Celebration at the Santa Ana Main Library on July 3, 2010.* *Councilmembers Tinajero and Sarmiento, Mayor Pro Tem Alvarez, and Mayor Pulido stated for the record that they do not support said recognition as views of some committee members not reflective of the City Council CITY COUNCIL MINUTES 3 1 0A-3 JULY 19, 2010 CLOSED SESSION REPORT - See Agenda Item 19A for report. PUBLIC COMMENT • Richard Moser, packet of information presented to Council. • Steve Lemler, raised awareness on resources available to the residents of our community through 2-1-1 phone line. • Art Pedroza and Sean Mill, thanked the majority of the City Council for not supporting recognition of American Independence Day Committee. • Francisco Barragan, suggested the City oversee next year's American Independence Day Celebration to focus event on America's independence and promote unity among groups. • Steve McGuigan, deferred comments to a later time. • Rob Cook - read portions of City's Code of Ethics as it related to respect, courtesy, and participation by members with different views. • Marva Zvbas, member of the American Independence Day Committee, noted that her personal involvement in Committee was to educate children on history of July 4tn CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations with the following modifications on the Consent Calendar Items 10A through 25G: • Excused Councilmembers Bustamante and Martinez from City Council and Community Redevelopment Agency meetings. • Councilmember Benavides pulled Item 25E for separate discussion. MOTION: Sarmiento SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Pulido, Sarmiento, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Bustamante, Martinez (2) CITY COUNCIL MINUTES 4 JULY 19, 2010 1 0A-4 ADMINISTRATIVE MATTERS MINUTES 10A MINUTES OF THE CLOSED AND REGULAR MEETING OF JULY 6, 2010 - Clerk of the Council Office MOTION: Approve Minutes. BOARDS / COMMISSIONS / COMMITTEES 13A APPOINTMENT - ENVIRONMENTAL AND TRANSPORTATION ADVISORY COMMITTEE (ETAC) - Clerk of the Council Office MOTION: Appoint Susan Tuchler (Ward 6 resident) to the Environmental and Transportation Advisory Committee nominated by Councilmember Tinajero as the Ward 6 representative for a term expiring December 14, 2010. (replacing C. Gallegos) MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT - City Attorney's Office MOTION: Approve compromise and release settlement agreement in the amount of $78,809. John Jason vs. the City of Santa Ana Case Nos. 08-4543, 04-3106, 04-3105 (Master), 00-1300 19B EXCUSED ABSENCES MOTION: Excuse Councilmembers Bustamante and Martinez. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A APPROPRIATION ADJUSTMENT ACCEPTING GROWTH MANAGEMENT AREA FUNDS FOR TRAFFIC SIGNAL SYSTEM UPGRADE PROJECT - Public Works Agency CITY COUNCIL MINUTES 5 JULY 19, 2010 1 0A-5 MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2011-05 - Accepting funds in the amount of $40,000 into the Measure M - Street Construction Fund Measure M Competitive account and appropriate same to the Measure M - Street Construction Fund Improvements Other than Buildings Expenditure account. 20B APPROPRIATION ADJUSTMENT FOR THE INSTITUTE FOR MUSEUM AND LIBRARY SERVICES GRANT, LAURA BUSH 21ST CENTURY LIBRARIAN PROGRAM TO FUND THE SEEDS TO TREES PROGRAM - Parks, Recreation & Community Services Agency MOTION: 1. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2011-04 - Recognizing $626,767 in the Federal Grant-Direct revenue account and appropriating same to the Federal Grant-Direct various expenditure accounts. 2. Authorize the City Manager to take all actions necessary to accept the Federal Institute of Museum and Library Services (IMLS), Laura Bush 21St Century Opportunity Program grant in the amount of $626,767 to fund the Seeds to Trees program. 20C APPROPRIATION ADJUSTMENT - AMENDMENT TO THE AGREEMENT WITH COUNTY OF ORANGE FOR GREEN JOB CORPS GRANT - Community Development Agency MOTION: 1. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2011-012 - Recognizing a $150,000 grant from the County of Orange to provide a summer youth program for 2010 2. Authorize the City Manager and Clerk of the Council to execute an amendment to the Green Job Corps Agreement W7-GJC-10, subject to non-substantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES JULY 19, 2010 1 0A-6 AGMT NO. 2010-128 - Execute an amendment between the County of Orange and the City of Santa Ana in the amount of $150,000. AGREEMENTS MOTION: Authorize the City Manager and Clerk of the Council to execute the following agreements, subject to non-substantive changes approved by the City Manager and City Attorney. (Item 26A through 25D) 25A AGMT NO. 2010-129 - GO LOCAL PROGRAM STEP 2 PROGRAM MANAGEMENT (PROJECT NO. 092505) - Execute an amendment with Cindy Krebs Consulting, Inc., in the amount of $36,000, for a total contract amount of $324,000 - Public Works Agency 25B AGMT NO. 2010-130 - CONSULTING SERVICES - With Wesley A. Bosch in an amount of $90,000 for a one-year term - Community Development Agency 25C AGMT NO. 2010-131 - FOUNTAIN MAINTENANCE SERVICES IN THE CIVIC CENTER - Execute a one-year amendment with Deckside Pool Service in an amount not to exceed $58,860 - Parks, Recreation & Community Services Agency 25D AGMT NO. 2010-132 - PAVEMENT CLEANING SERVICES AT THE CIVIC CENTER AGREEMENT - Execute an amendment with Hydroblast in an amount of $78,140 - Parks, Recreation & Community Services Agency 25E CELLULAR ANTENNA AT ADAMS PARK - Parks, Recreation & Community Services Agency MOTION: 1. AGMT NO. 2010-133 - INSTALLATION OF A STEALTH MONOPOLE SPORTS LIGHTING ANTENNA AND UNDERGROUND EQUIPMENT VAULT AT ADAMS PARK - Execute a lease agreement with T- Mobile West Corporation, subject to non-substantive changes approved by the City Manager and the City Attorney. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2011-02 - Recognizing $38,800 in the Capital Outlay Fund Miscellaneous Recovery account and CITY COUNCIL MINUTES 7 JULY 19, 2010 1 0A-7 appropriate same to the Capital Outlay Fund Improvements Other than Buildings Expenditure account. 25F 25G 3. Receive and file Categorical Exemption for Environmental Review No. 2010-27 (Adams Park). MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Sarmiento Alvarez, Benavides, Tinajero (5) Pulido, Sarmiento, None (0) None (0) Bustamante, Martinez (2) CELLULAR ANTENNA AT RIVERVIEW PARK - Parks, Recreation & Community Services Agency MOTION: 1. AGMT NO. 2010-134 - INSTALLATION OF A STEALTH MONOPINE ANTENNA AND EQUIPMENT BUILDING AT RIVERVIEW PARK - Execute a lease agreement with T-Mobile West Corporation, subject to non-substantive changes approved by the City Manager and the City Attorney. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2011-01 - Recognizing $38,800 in the Capital Outlay Fund Miscellaneous Recovery account and appropriate same to the Capital Outlay Fund Improvements Other than Buildings Expenditure account. 3. Receive and file Categorical Exemption for Environmental Review No. 2010-29 (Riverview Park). CELLULAR ANTENNA AT JEROME PARK - Parks, Recreation & Community Services Agency MOTION: 1. AGMT NO. 2010-135 - INSTALLATION OF A STEALTH MONOPINE ANTENNA AND EQUIPMENT BUILDING AT JEROME PARK - CITY COUNCIL MINUTES 8 JULY 19, 2010 1 0A-8 Execute a lease agreement with AT&T Mobility, subject to non- substantive changes approved by the City Manager and the City Attorney. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2011-03 - Recognizing $28,800 in the Capital Outlay Fund Miscellaneous Recovery account and appropriate same to the Capital Outlay Fund Improvements Other than Buildings Expenditure account 3. Receive and file Categorical Exemption for Environmental Review No. 2010-63 (Jerome Park). **END OF CONSENT CALENDAR** BUSINESS CALENDAR RESOLUTIONS 55A AUTHORIZE APPLICATIONS FOR STATE GRANT FUNDS FOR USED OIL PROGRAMS - Public Works Agency MOTION: Adopt a resolution. RESOLUTION NO. 2010-038 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE EXECUTIVE DIRECTOR OF THE PUBLIC WORKS AGENCY TO SUBMIT GRANT APPLICATIONS TO THE DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY FOR THE USED OIL PAYMENT PROGRAM MOTION: Tinajero VOTE: AYES: SECOND: Sarmiento Alvarez, Benavides, Tinajero (5) NOES: ABSTAIN: ABSENT: None (0) None (0) Bustamante, Martinez (2) Pulido, Sarmiento, CITY COUNCIL MINUTES 9 JULY 19, 2010 1 0A-9 PUBLIC HEARINGS *Councilmember Benavides excused himself from proceedings of Agenda Item 75A due to a conflict of interest (employer has a loan with developer). He did not participate in consideration of this item and left the dais at 7:15 p.m. 75A AMEND DEVELOPMENT AGREEMENT NO. 2004-01 FOR THE ONE BROADWAY PLAZA OFFICE TOWER - 1109 NORTH BROADWAY - ONE BROADWAY PLAZA, LLC, APPLICANT - Planning and Building Agency Recommended Action approved by the Planning Commission on June 14, 2010 by a 3-2 vote (Acosta and Yrarrazaval opposing, Alderete and Betancourt abstaining). Legal Notice published in the O.C. Reporter on July 9, 2010 and notices mailed on July 8, 2010. The following was presented by Planning and Building Agency Executive Director Jay Trevino: Request of Applicant Modify provisions of development agreement: 1. Allow ownership by joint venture partner(s) 2. Revise timing for payment for neighborhood traffic plans 3. Delete 50 percent pre-lease provision 4. Delete provision prohibiting the ability to request economic assistance 5. Extend deadline to refill excavated foundation Section 4.3 - Assignment Requires applicant to retain a minimum 51 percent ownership interest in project • Request to delete provision • Allows joint venture with financial entity(s) • Applicant will retain daily managerial control • Awkward for cities to attempt to control ownership • Provision is temporary because DA expires in 2011 (with possible extension to 2013) • All other provisions of Section 4.3 to remain Section 5.1.1 - Offsite Mitigation Measures Requires payment of funds for neighborhood traffic plans ($1.2 million) at permit issuance • Neighborhood traffic plans to analyze pre and post project traffic impacts in six neighborhoods • Payment delay will assist in obtaining project financing • Studies to commence 6 months prior to occupancy CITY COUNCIL MINUTES 10 JULY 19, 2010 1 0A-10 • Staff recommends funding six months prior to occupancy, or 22 months from permit issuance Section 5.8 - Condition Precedent to Building Permit Issuance Requires 50 percent preleasing of building to "Investment Grade Tenants" • Provision not imposed on any other project in Santa Ana • Has significantly impacted commencement of project • Issues like this best regulated by the private market • Requirement is temporary due to DA expiration Section 5.8.2 - No Redevelopment Subsidy Prohibits the applicant from requesting Redevelopment Agency assistance • Deletion of provision would allow applicant to submit a request for Agency assistance • Agency participation would first require a detailed financial analysis and action by Redevelopment Agency Board Section 5.9 - Historic Structures on the Propert y Requires excavated areas to be refilled within 90 days after construction of foundation piles • Excavation necessary to construct part of building foundation i.e., the piles • Modification to allow additional 30 days provides more flexibility Planning Commission Action Recommended approval of amendments to the development agreement • Modified Section 5.9 (Historic Structures on the Property) to include Orange County Educational Arts Academy to construction notification list The Mayor opened the Public Hearing at 7:25 p.m. The following spoke on the matter: • Hector Madrigal, member of UUNA Local 652 union and Santa Ana resident, supports item as proposed. • Mickey Totten, member of IUOE Local 12, encouraged Council to waive 50% lease requirement (as included in proposed Disposition and Development Agreement) and allow construction to begin. • Alfred Martinez, 3`d generation City resident and representative of the Cement Masons Local 500; opined that project would improve local economy. • Armando Esparza, Santa Ana resident and 2nd generation union worker, supports project. • Sylvia Salenius, stated project would change historic area of City; increase traffic congestion; impact three surrounding schools and neighborhoods; urged Council to keep DDA as is; supports letter by Historic French Park Association (submitted by Jeffrey Dickman). CITY COUNCIL MINUTES 11 JULY 19, 2010 1 0A-11 • Connie Major, opined that current DDA protects residents; believes sufficient office vacancies exist throughout the City without having to build large building; Historic Registry suggests that more cost efficient to renovate/restore existing buildings than to build new; Referendum Election 5 years ago - approved in good faith and trust. • Jose Meza, member of Local 652, requested Council adopt project, would bring jobs to the community and revitalize City. • Timothy Morgan, Santa Ana resident and member of Local 636; project would bring jobs and revitalization to the center of the County. • Alfred G. Rodriguez, supports project. • Doug Mangione, represents IBEW 441 with over 2,200 members, supports amendments to One Broadway Plaza - symbol of hope and progress in the City. • Wyatt Ashley, member of Local 433, supports project. • Gil Marrero, active member of community and resident; supports project - will attract new businesses; amendments deemed necessary in light of the economy. • Ben Wells, echoed sentiments expressed earlier; Santa Ana resident; loves City and progress. • Glen Nolte, business manager of Plumbers and Steamfitters Local 582; union institution with over 900 members and 25% unemployment rate; supports actions being considered. • Russ Nicholson, member of Local 200; project would allow workers new opportunities. • Jim Adams, represents Los Angeles/Orange County Council for Building and Construction Trades; thanked affiliated unions for attending meeting; supports project. • Ralph Flores, member of Local 652 and City resident; City built by unions; believe project will continue tradition. • Daniel Mcrez, member of Local 652; project will set example for other cities. • Hugo Jimenez, member of Local 652 and City resident; supports actions considered by Council. • Michael Prentiss, member of Local 652; supports project and work opportunities. • Jose Luis Tirado, member of Local 652; supports project. • Ernesto Medrano, represents Teamsters Local 952; urged council to amend the development agreement that will bring jobs to the City. • Catherine Cate, correspondence provided for the record earlier; believe that if actions approved would compare us to Los Angeles County that currently has 25% vacancy rate in prominent buildings; hope that other projects by developer have utilized unions. • Lenny Gillis, member of Local 12 and City resident; project to generate needed jobs. • Alex Vega, One Broadway Plaza already approved by voters; union jobs would bring well paid opportunities to City. CITY COUNCIL MINUTES 12 JULY 19, 2010 1 0A-12 • Paul Cook-Giles, representative of the Historic French Park Association; read for the record letter received from the Association. • Tom Moxley, President of Los Angeles/Orange County Building Trade Union; urged Council to adopt actions as civic leaders in the past had vision to build Hoover Dam and other such projects. • Kim Payne, opined that actions considered are breach of trust; no public funds to be used; no economic feasibility study; schools to be informed of amendments. • Art Pedroza, amendments reasonable; public funds requested, but denied; OSHA buying venue across the street at half the cost; clause on use of unions already included in agreement; consider including condominiums as part of development. • Irving Chase, 4t" generation business owner in the City; supports amendments proposed by developer; project will improve renovation of Downtown Santa Ana; project unanimously approved by Downtown Inc. • Mike Tardiff, opposed to project; Measure A approved by voters in 2005 did not include use of public funds; traffic not mitigated; noted that Planning Commission approved by slim margin of 3-2. • Debbie McEwen, request Council continue to protect neighborhoods. • John Barneich, believe conditions to protect City being reconsidered; 50% occupancy requirement reasonable and should continue; project incompatible with neighboring area; increased traffic; noted that Arco Building in Downtown Los Angeles had empty penthouse floor. • Ben Grabiel, presented copy of Measure A as approved by the voters in 2005; believe any changes should be subject to the vote of the people. • Steve McGuigan, opined that developer should comply with agreement as approved in 2005; recommends council table matter. • James "Jim" Kendrick, supports project; believe it will revitalize Downtown Santa Ana, request for use of public funds reasonable. • Aldofo Lopez, project will change perception of Santa Ana; City forward thinking with adoption of project of this magnitude. • Molly Doughty, project should maintain original standards and integrity (Class A project). • Rod Cook, opined that economy stopped project, not City; suggested bridge for pedestrian crossings. The Clerk's Office received correspondence from Julie and Gary Humphreys, Steve and Catherine Cate, Jeff Dickman (Historic French Park Association), and Connie Major that was entered into the record. The Public Hearing closed at 8:40 p.m. Council discussion ensued. Public funds not to be used, project to be market-economy driven; Referendum of 2005 considered only rezoning, not Disposition and Development Agreement (DDA); labor agreement requirement included in original DDA; City Council supports local hire and amended motion as such; developer to provide compensation for CITY COUNCIL MINUTES 13 JULY 19, 2010 1 0A-13 neighborhood improvements; project will not have any reductions in standards. Mayor Pulido clarified for the record that abstention on project in 2005 was due to his position as board member on the Foreign Community Bank that had loan with developer, but has since been repaid. MOTION: Place ordinance on first reading and authorize publication of title with the following modifications: ORDINANCE NO. NS-2806 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND ONE BROADWAY PLAZA, LLC, 1200 N. MAIN, LLC, AND 845 BROADWAY, LLC 1. Retain Section 5.8.2 of the Development Agreement, which will continue to prohibit the applicant from requesting economic assistance from the Redevelopment Agency. 2. Modify section 5.8.1 as follows: a. Rename the section: "Employment and Wage Provisions" b. Add "Santa Ana" and surrounding community prior to "residents" in said section c. Add the following language as it pertains to construction and permanent jobs: Owner and/or its contractors must (1) post all available job openings with the Santa Ana Work Center and Cal JOBS (or equivalent job posting system designated by Santa Ana Work Center) within 24 hours of posting of jobs and agree to consider qualified referrals from Santa Ana Work Center for job openings. ii. Owner shall include in its lease agreements with private building tenants the need to post any job openings with the Santa Ana Works Center within 24 hours of posting of jobs and agree to consider referrals from Santa Ana Work Center for qualified candidates for job openings. Further, tenant shall be required to attend, within 30 days of lease signing, an orientation with the Santa Ana Work Center to learn about the services available to each business who locates in the building. Owner shall submit its form lease to City within 180 days of execution of the Amendment (or such other time as required by the Executive Director) as evidence that this language is included in said leases. MOTION: Alvarez SECOND: Tinajero CITY COUNCIL MINUTES 14 JULY 19, 2010 1 0A-14 VOTE: AYES: Alvarez, Pulido, Sarmiento, Tinajero (4) NOES: None (0) ABSTAIN: Benavides* (1) ABSENT: Bustamante, Martinez (2) COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY AT 9:15 P.M. COUNCIL RECONVENED AT 9:16 P.M. WITH MAYOR PULIDO, MAYOR PRO TEM ALVAREZ, AND COUNCILMEMBERS BENAVIDES, SARMIENTO, AND TINAJERO PRESENT COMMENTS 90A CITY MANAGER'S COMMENTS - None 90B CITY COUNCILMEMBER COMMENTS Mayor Pulido announced that meeting would be adjourned in memory of Dr. Cynthia Suzanne Flores, Jeff Stevens, and Santa Ana Police Officer Amadu Kabia ADJOURNED- 9:16 P.M. - The next meeting of the City Council is scheduled for Monday, August 2, 2010 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Business Meeting in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. In Memory of Dr. Cynthia Suzanne Flores, Jeff Stevens, and Santa Ana Police Officer Amadu Kabia Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 15 JULY 19, 2010 1 0A-15 1 0A-16