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Home My WebLink AboutCORRESPONDENCE_50A_REGARDING SUNSHINE ORDINANCE_NAIOPFROM : j FAX NO. Sep. 30 2012 05:25PM P2 CIOM MEfi C1AL rtEAl ESTATE DIEVELOVntENT ASuOGiATION SOCAL CHAPTER September 28, 2012 i ?,'1? Mayor Miguel Pulido Members of the City Council City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 REe Octo4er 1, 2012 Council Agenda Item Sunshine Ordinance Request to Continue Honorable Mayor Pulido and Members of the City Council_ It has just come to our attention that the Ciry Council is considering the i adoption of a Sunshine Ordinance that will impact the members of the ? NAIOP SoCal Chapter_ NAIOP SoCal represents over 1,000 commercial, i industrial and office real esiate companies and profiessionals in Orange and Los Angeles Counties. Our members own, manage and develop significant commercial properties in the City of Santa Ana and will be directly impacted by the proposed Sunshine Ordinance. I It is stunning to find the commercial real estate community that represents a critical part of the City's economic engine was not so much as notified or ' Invited to participate in any discussions regarding the adoption of new ? regulations. We respectfully request that any discussion of the proposed Sunshine Ordinance be fabled until an analysis of the impact of the proposals can be made and input is provided from the impacted stakeholders. S i n?cer/e/1lyq Y??? Vickie Talley Director of Legislative Aff Its CCM: 1 O/O'?2012 NAIDP ze 12 OFFICERS JWD eowRO aF DrRecrDRs PRESIDENT Sever Jlmas. USAA Real Estate Company PRESIDENT-ELECT Lanes CoitrNl, LNR Preper?y, LLC Y1GE PRESIDENT !wn PreaiN, PM Realty Gawp SECRETwRY Kevin Jenr:nrs, sank d America Merrill 1ynM TREASURER Thrrnra w, 7NuR, Lane Flwpnsa Real Eteare Crr:+e PROGRAMS AND EDUCAnDN LIAISON Pa.nWa L. wosiMff, SheppaM Mullin PAST PR ESIDHNT Gros Blsrrrwar,d, American Rtealry Advisors 6ryer senbott. DEYUS PropeRy Group 6aih Ga1deR CBRE Janees V Grasp, J!!. Came & Assoeia0es Ronde Clark, JontS lattg I sCnlle [areir Fjnmel, Alfen Matkirrs Swat Farb_ Remltlc Group Tpm Greebal, Irvine Company OIRCC Pmperues A>Iran Mill, 91Thy Lelfd C:empery Fite HItlNdman, Cushman 8 Wakefieltl John Nallirr=avwrth, Colliers Incernational Fran Irman, MYIC2ie Rglty Co. Malcolm Johnson, Basic o} America Merrill lynch Swntcy W. Lwmpert, Cow rsatle S Nicholson LLP Color Martre.+, Seca Properties %eain Mx Ken2iG MFF, L-P. Patrick Malwrey, Prplogis Jaerees McFar}pen, Grvbb & Ellis Company David Meredith, GE Capital Real Esiate JqH Mts?re. CBRE 5[eve Ibuller, The Muller Company Secan Or1oH_ Thamsert Re4ters Russ Parke. puller Properties tyrMia Pe[[yyMn, Fuel Artreriean F_aenarlye fYaripany John Pnsmac, Chrcagp Trt le Cemwny Rick Putrcam Lance Iglan, We[seu+ Land Company Jost sevtsey, KPRS Construction Services Sean Tabr_ Real Esvrc Capital Group Lauls J. 7onuselli_ 360 Gmmercral Partners Allsan Yullwich, t, C?tA Realty 5[epharte M_ WanaN, The 9oeirgc Company Start Wmdzal, Bro ReaKy. Int. Gregory J. West, Jennson Gp,ral cc: Paul M. Waliers, Ci Maria er NwIDPSacaL?eurrvESrwFF g 5 O A Cynthia G' F,nca, E>tecutive Direc[ei Vickie Talley, Oiree for or I,c$islaiiv¢ arfaiis CM1apttsr Ofrroe= 2c l?Sfol St., Ste_ G-1 O5, 00 ,1a MESa, CA 92626 Tel: (7t 4) 979-9131 Fare: (71 a) 979-O4D3 Lcgis:lativg p(rKS: 25241 Psrxo vc Nic::a, Sta. 120, Laguna Ni1fE. C.1 92E53 Tcl: (949) :iAO-O:if10 Fra- (94B) 3.80-3310 Mitre-Ramirez, Norma From: Huizar, Mana Sent: Monday, October 01 , 2012 1 :47 PM To: Mitre-Ramirez, Norma (NMitre-Ramirez@santa-ana-org); Norma Orozco; Trujillo, Rose Ann Subject: FW: Sunshine Ordinance Another email received that we need to enter into the record. Thank you From: Magallon, Becky Sent: Monday, October 01, 2012 9:21 AM To: Pulido, Miguel; Alvarez, Claudia; Benavides, David; Sarmiento, Vince; Martinez, Michele; Tinajero, Sal; Bustamante, Carlos Cc: Huizar, Maria; Walters, Paul; Carvalho, Sonia R. Subject: FW: Sunshine Ordinance From: David Elliott [mailto:delliottCa?santaanachamber.coml Sent: Friday, September 28, 2012 10:42 AM To: Pulido, Miguel Subject: Sunshine Ordinance Mayor Pulido; The SACC is working on a follow up letter with our position on the ordinance. It should be approved this week and sent to Jay Trevino. I wanted you to know that and the Council as well- We have discussed it at the board level and do have concerns on how it could effect business and this will be addressed in the letter- Thanks for your leadership Blessings Dave E David L. Elliott President /CEO 1631 W. Sunflower Ave., Suite C-35 Santa Ana, CA 92704 Phone 714-541-5353 ext. 121 Fax 714-541-2238 CCM: 10/01 /2012 50A -=_c ? ORANGE COUNTY hUSINESS C?)UNCII. October 1 - 201 2 Honorable Miguel Pulido Mayor City of Santa Ana 20 Civic Center Plai.a Santa Ana CA 92701 Rcc Sunshine Ordinance: OPI'OS[? Unless Amended L?car Mayor Pulido: On babel)-of the Orange County Business Council <OCBC) and the Building Industry Association of Southern Calilornia, Orange County Chapter (BIA/OC)- we offer die business community's perspective on the proposed sunshine ordinance: As a matter of principle, OCBC and BIA/OC support the spirit and intent of public policy that encourages openness and transparency in government attairs. To that end, we applaud the eflbrts of SACRe[7 and city statetoward policy supporting this principle- However- we urge the City Council Co avoid adopting regressive regulations that will add unnecessary burdens to the private sector. We contend that the "Sunshine" ordinance, as iL is currently proposed, contains provisions that will harm potential investors in the Santa Ana community, trying to maintain or create-jobs in a tough economy. OCBC and RlA/OC arc opposed to the "Sunshine" ordinance unless it is amended. "Thercforc? we respect)-ally urge the Council to continue the haarinr*, and adoption of Lhe "Sunshine" ordinance to a [inure Council meeting to allow for incorporation of the following amendments: Section 6- Item 2: 'T'he project threshold be amended from 25 or more residential units to lU0 or more units. Setting the project threshold Icss than 100 units will create undue burdens on small projects that era less likely to be able to absorb additional cost and/or time delays. Section C- Item 5 (c?: Meeting notice shall be provided to al I property owners, and occupants having a valid United States Postal Service address within a 500 foot radius of the subject property- "I?his provision be amended to read: "Notice shall be provided to all property owners, and at Icast one oceupant per dwellin<_ unit having a valid United States Postal Service address within a SOO fool radius of the subject property." We contend that the Ibrmer version is too vague and can be interpreted to intend that all occupants of-a dwelling unit be noticed individually. CCM: 10/01 /2012 50A Page Two October I. 2012 Mayor Miguel Pulido Section 6, Item 5 (t): Community meeting langua<=c interpretation: Should the applicant receive a request for language interpretation services prior to the meeting, it shall be the applicant's responsibility to arrange for such services to be available at the community meeting. "This provision be amended to read: "Should the applicant receive a written request for language interpretation services no later than 48 hours prior to the meeting, it shall be the applicant's responsibility to arrange for such services to be available at the community meeting." There must be a formal deadline and official process for receiving requests. Ambiguity on this issue may lead to abuses 01 the intent of-this provision that may cause delay or meeting cancellation. Like members ofthe conllllLill ity• project applicants must be given reasonable notice in order to effectively fnllill their obligations- on to these recommended amendments, OCBC and BIA/OC are concerned about a request from SACReL7 to require a second community meeting- Adding a second meeting requirement to this ordinance is unnecessary and duplicative. Project applicants already go through an exhaustive public process, holding multiple meetings that are accessible to the connnunity_ We strongly oppose "piling on" with redundant regulations such as this second meeting requirement. Santa Ana has an opportunity for a bright future of community investment, economic growth, and development. We applaud the Council. City staff; and members of the community for their interest in makin" the development process tair and accessible. We urge the city to avoid restricting opportunity in the city by adopting burdensome regulations- To that end- we urge you to amend the current version of the --Sunshine-' ordinance to retlect these changes. We will continue to oppose any further amendment that adds additional burdens to, or requirements of, project applicants for the economic development and community benefit of Santa Ana. Thank you for your thoughtful Consideration- 461-1 Lucy fJunn Bryan Starr President and CEO Chief Executive Ofticer Orange County Business Council Building Industry Association 01-Southern California Orange County Chapter LD:BS:MP-1 Cc: Members of-the Santa Ana City Council