HomeMy WebLinkAbout10B - MINUTES - 03-04-14MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
MARCH 4, 2014
CLOSED SESSION MEETING
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
5:07 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
SAL TINAJERO, Mayor Pro Tem (5:40 P.M.)
ANGELICA AMEZCUA
P. DAVID BENAVIDES (5:15 P.M.)
MICHELE MARTINEZ
ROMAN A. REYNA (5:35 P.M.)
VINCENT F. SARMIENTO
COUNCILMEMBERS Absent:
None
STAFF Present:
DAVID CAVAZOS, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
PUBLIC COMMENTS — None
COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:07 p.m.
CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without
members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in
open session of the following matters will prejudice the position of the City in existing and
anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to
Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
CITY COUNCIL MINUTES 1 MARCH 4, 2014
1OB -1
2.
• Gary Fratus v. City of Santa Ana; Workers' Compensation Appeals Board
case #ADJ unassigned; ADJ8268137
• Irene Gomez & City of Santa Ana v. Internal Revenue Service; James B.
Hansen, Case No.: SACV 12 -02234 JVS (JPRx); Workers' Compensation
Appeals Board Case #ADJADJ7729227
• JOINT ITEM — City of Santa Ana, Successor Agency and Housing Authority:
Feebler vs. State of California Superior Court Case No. 34- 2012 - 80001172;
Court of Appeal Case No. C073698
• JOINT ITEM — City of Santa Ana, Successor Agency and Housing Authority:
Cuenca vs. State
• JOINT ITEM — City of Santa Ana, Successor Agency and Housing Authority:
City of Santa Ana vs. Ana Matosantos (DOF) Case No. 34- 2013 - 80001477
CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6(a):
Agency Negotiators: Personnel Services Executive Director, Ed Raya
Employee Organizations: Santa Ana Police Management Association
(PMA)
Service Employees' International Union
(SEIU) Part -time Civil Service Employees
Santa Ana Management Association (SAMA)
Agency Negotiator:
Employee Organizations:
City Manager, David Cavazos
Executive Management (EM)
CLOSED SESSION REPORT — See Item 19A. for reportable actions.
ADJOURNED THE CLOSED SESSION MEETING AT 5:55 P.M. AND CONVENED TO THE
REGULAR OPEN MEETING
CITY COUNCIL MINUTES 2 MARCH 4, 2014
10 B -2
CALLED TO ORDER
REGULAR OPEN SESSION
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
5:57 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
SAL TINAJERO, Mayor Pro Tern
ANGELICA AMEZCUA
P. DAVID BENAVIDES
MICHELE MARTINEZ
ROMAN A. REYNA
VINCENT F. SARMIENTO
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS
COUNCILMEMBERS Absent:
None
STAFF Present:
DAVID CAVAZOS, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
VANESSA BADILLO AND JASON BARAJAS,
JACKSON ELEMENTARY
JACK ABEELEN, POLICE CHAPLAIN
EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to:
25 YEARS OF SERVICE Kent M. Yamaguchi, Zoo Manager - Parks, Recreation
and Community Services
PROCLAMATION presented by MAYOR PULIDO to Parker Kennedy, CEO, First American
Title Corporation, for his exemplary citizen participation and services to the community.
PROCLAMATION presented by MAYOR PRO TEM TINAJERO recognizing DMV /Donate
Life California Month.
CITY COUNCIL MINUTES 3 MARCH 4, 2014
10 B -3
PROCLAMATION presented by COUNCILMEMBERS MARTINEZ and AMEZCUA
recognizing the accomplishments of Santa Ana City Attorney, Sonia Carvalho and in
celebration of Women's History Month.
CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER REYNA to Santa Ana
Panthers Soccer Team for winning the Area 11 -K League Championship.
Head Coach: Richard Niedermayer Jr.
Assistant Coach: Richard Niedermayer Sr.
Team: Daniel Acosta, Andres Clemente, Pablo Crespo, Jonathan Espinosa, Robert
Herrera, Jonathon Magana, Benjamin Montoya, Andrew Ortega, Luis Quiroz, Isaac
Rubalcava, Jose Ruiz, Oscar Salas and Deryck Walker.
CERTIFICATE OF RECOGNITION presented by COUNCILMEMBERS SARMIENTO and
MARTINEZ to America on Track for donating $45,000 to build an outside exercise gym at
Memorial Park.
CLOSED SESSION REPORT - City Attorney Carvalho reported that by a 6 -0 vote the City
Council approved the matters listed on the Consent Calendar under Agenda Item 19A.
PUBLIC COMMENT
• Armando Felix, spoke in support of providing worldwide ministry services and social
services for the homeless at the former YMCA facility.
• Alex Vega, congratulated City Manager Cavazos on his first 100 days in Santa Ana and
for his commitment to move the City forward in the right direction.
• Jack Stevens, provided letter to the City Council and for the record, concerned with
number of medical marijuana dispensaries and asked for assistance in addressing issue at
1800 -1820 E. Gary Ave.
o Councilmember Martinez willing to work with constituent.
• Carol Stevens, opposed to considerable number of medical marijuana dispensaries on
Gary Avenue; opined that individuals that require medical marijuana should be obtaining at
medical facilities.
• Steve Ray, concerned with the public hearing process at the Planning Commission; the
applicant is last presenter when in other jurisdictions they are first and allowed to provide
closing remarks; unfair process for the public since they don't have opportunity to listen to
presentation by applicant before their comments.
• Christina Rush, spoke in support of the Bristol Street Business Coalition; urged the City
Council to preserve as many businesses as possible.
• Dr. Robert Gonzales, spoke in opposition to displacement of businesses along Bristol
Street for the widening project;
• Jeronimo Chavez, urged the City Council to allow businesses along Bristol Street to
remain; accommodate bike lanes, pedestrian walkway and traffic lanes; modify City's
proposed plan to allow for 120 feet; City not considering their proposal and alternatives.
CITY COUNCIL MINUTES 4 MARCH 4, 2014
10 B -4
• Veronica Rosales, supports businesses along Bristol Street.
• Young Lee, member of the Bristol Street Business Coalition; supports businesses on
Bristol.
• John Palacios, noted that staff needs direction to proceed on Agenda Item 5513; urged City
Council to direct staff to work with businesses to remain at current location and eliminate
full take and pursue only partial takes.
• Peter Katz, spoke in support of AB1453 - build a Southern California State Veterans
Cemetery; seek support from residents.
o Mayor Pro Tern Tinajero expressed support for cause and asked that matter be
agendized for consideration at next meeting.
• Abel Ruiz, spoke on the Strategic Plan; include establishment of internship program,
Restorative Justice programs in collaboration with the school; district; end contract with
Immigration and Customs Enforcement (ICE) as soon as economically feasible; creation of
good jobs with businesses that receive incentives from the City.
• Nayetzy Trejo, spoke of need for dignified housing for very low income residents; existing
quality is poor; new programs to assist this sector of the community needed; supports the
Rent Escrow Account Program.
• Carolyn Torres, supports additional strategies in the Strategic Plan such as
collaboration /partnerships with school district; Restorative Justice program; affordable
youth programs; economic development programs; protection from police abuse; and job
training programs.
• Theresa Dang, supports efforts by SACReD as they relate to safety and crime prevention;
end contract with ICE - contradictory to values of the City; request jail accountability report
to be released.
• Ramon Hernandez, representing the Lowell Neighborhood Association; supports
strategies as proposed by SACReD.
• Marco Antonio Zeferino, asked that best decisions for the benefit of all of the residents be
made by the City Council
• Carlos Perea, supports all strategies proposed by SACReD specifically as they relate to
safety; terminate contract with ICE.
• Alan Conetzatitlan, member of Resistencia, Autonomia, Igualdad, Liderazgo (RAIZ),
opposed to contract with ICE and suspected police profiling
• Marilenn Montano, concerned with police profiling.
• Giovani Garcia, spoke in opposition to the contract with ICE.
• Madeline Spencer, mentioned the new and growing number of members that have joined
the efforts led by SACReD.
• Zeke Hernandez, referenced email that was transmitted to the City in February regarding
parks and accessibility to urban cities; spoke in support of AB1453 regarding Southern
California State Veterans Cemetery.
• Maria Rosa Lopez, spoke in support of resolution to halt to deportation of illegal immigrant;
and immigration reform.
• Taina Lopez, representing Hermandad Mexicana, expressed support of resolution to halt
deportation; City Councils throughout the Country to submit support to President Obama;
agendize at next meeting and end contract with ICE.
• Sergio Trujillo, representative of Hermandad Mexicana requests Council support to stop
deportations.
CITY COUNCIL MINUTES 5 MARCH 4, 2014
1 OB -5
• Mayor Pro Tern Tinajero, expressed support for matter; bring resolution forward for
Council consideration; agendize at next meeting. City Council efforts include
priority to offer dignified housing, translations services at public meetings, extensive
community outreach efforts, halt impound of vehicles by unlicensed drivers; stop
deportation resolution will be forthcoming.
• Councilmember Sarmiento, spoke of deportation resolution that will be forthcoming;
working with City Attorney on intent of resolution; opinion of residents important and
considered in actions taken by elected officials — outreach efforts of Strategic Plan
is example; noted that City cannot change federal policy on immigration because of
limited authority.
• Councilmember Martinez, applauds efforts by SACReD; supportive of open and
transparent government; recounted efforts by City in past 6 years.
CONSENT CALENDAR
MOTION: Approve Consent Calendar Items 10A through 29A as recommended
by staff with the following modifications:
• Councilmember Martinez pulled Agenda Items 25C and 25E for separate
discussion;
• Councilmember Sarmiento pulled Agenda Item 29A for separate discussion; and
• Councilmember Reyna pulled Agenda Item 25D for separate discussion.
MOTION: Sarmiento
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
MINUTES
SECOND: Martinez
Amezcua, Benavides,
Sarmiento, Tinajero (7)
None (0)
None (0)
None (0)
ADMINISTRATIVE MATTERS
Martinez, Pulido, Reyna,
10A. MINUTES FROM THE REGULAR MEETING OF FEBRUARY 18, 2014 - Clerk
of the Council Office
MOTION: Approve Minutes.
CITY COUNCIL MINUTES
6
MARCH 4, 2014
BOARDS / COMMISSIONS / COMMITTEES
13A. NOMINATE THOMAS P. MORRISSEY TO THE ENVIRONMENTAL AND
TRANSPORTATION ADVISORY COMMISSION (ETAC) BY MAYOR M.
PULIDO AS THE CITY -WIDE REPRESENTATIVE FOR A PARTIAL TERM
EXPIRING DECEMBER 9, 2014 — Clerk of the Council Office
MOTION: Appoint Thomas P. Morrissey, Ward 3 Resident, to the
Environmental and Transportation Advisory Commission (ETAC).
(Replaces D. Cribb).
13B. COUNCIL COMMITTEE REPORTS - Police Department
MOTION: Receive and file Public Safety and Neighborhood Improvement
Minutes of November 26, 2013.
MISCELLANEOUS ADMINISTRATION
19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office
MOTION: Approve settlement agreements as follow:
CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to
Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
• Gary Fratus v. City of Santa Ana; Workers' Compensation Appeals Board
case #ADJ unassigned; ADJ8268137; Settlement Agreement in the amount
of $59,029.30
• Irene Gomez & City of Santa Ana v. Internal Revenue Service; James B.
Hansen, Case No.: SACV 12 -02234 JVS (JPRx); Workers' Compensation
Appeals Board Case #ADJADJ7729227; Accepted Segregation Settlement
in the amount of $70,000.
19B. EXCUSED ABSENCES — None
19C. DESTRUCTION OF OBSOLETE CITY RECORDS — Personnel Agency and
Police Department
MOTION: Approve the requests for the destruction of obsolete records
from various City departments in accordance with the retention schedule
outlined in City Council Resolution 2013 -014. The Citywide Records
Retention Schedule has specific retention periods for many City
documents. The Schedule is modeled after the California Secretary of
CITY COUNCIL MINUTES 7 MARCH 4, 2014
10 B -7
State's sample for local government and incorporates other statutory
periods applicable to Santa Ana. These are minimum retention periods.
Each department makes discretionary decisions on whether to retain
records past the minimum requirements.
19D. QUARTERLY REPORT FOR HOUSING DIVISION PROJECTS AND
ACTIVITIES (OCTOBER — DECEMBER 2013) — Community Development
Agency
MOTION: Receive and file.
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20A. AGREEMENT WITH AMERICA ON TRACK AND APPROPRIATION
ADJUSTMENT ACCEPTING DONATION FOR EXERCISE EQUIPMENT AND
SHADE STRUCTURE — Parks, Recreation & Community Services Agency
MOTION:
1. AGMT NO. 2014 -059 - Authorize the City Manager and Clerk of the
Council to execute an agreement with America On Track, subject to
non - substantive changes approved by the City Manager and City
Attorney;
2. Approve an appropriation adjustment. (Requires five affirmative votes)
APPROPRIATION ADJUSTMENT NO. 2014 -069 - Recognizing donation
revenue in the amount of $45,000 in the PRCSA Fees and Donations
revenue account and appropriating funds to the PRCSA Fees and Donations
expenditure account for the Memorial Park Exercise Zone.
AGREEMENTS
25A. AGMT NO. 2014 -060 - CINCO DE MAYO & FIESTAS PATRIAS - Parks,
Recreation & Community Services Agency
MOTION:
1. Authorize the City Manager and Clerk of the Council to execute an
agreement with Christiansen Amusement, Inc., subject to non -
substantive changes approved by the City Manager and City Attorney.
CITY COUNCIL MINUTES 8 MARCH 4, 2014
' woo
lam-'
25D.
2. Revenues in the amount of $84,000 will be deposited into the Parks,
Recreation and Community Services Agency revenue account for the
2014 Cinco de Mayo and Fiestas Patrias carnivals.
AGMT NO. 2014 -061 - READY OC AND "IF YOU SEE SOMETHING, SAY
SOMETHING TM" CAMPAIGNS (GRANT FUNDED) - Police Department
MOTION: Authorize the City Manager and Clerk of Council to execute an
amendment with Westbound Communications, Inc. in an amount of
$385,000, subject to non - substantive changes approved by the City
Manager and City Attorney.
MOTION: Approve and authorize the City Manager and Clerk of the
Council to execute amendments increasing compensation by $1,700,000
and extending the term for a six -month term or until the funds are
expended, with an option for an additional six -month term under the same
terms and conditions including compensation, exercisable by the City
Manager, with the following vendors:
AGMT NO. 2014 -062 - Concorde Consulting, Inc.
AGMT NO. 2014 -063 - SoftMaster, Inc.
AGMT NO. 2014 -064 - The Comdyn Group, Inc.
AGMT NO. 2014 -065 - Telfords
MOTION: Martinez SECOND: Sarmiento
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido,
Reyna, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
MOTION: Authorize the City Manager and the Clerk of the Council to
execute a second amendment with MDG Associates, Inc, to add an
additional $25,000 for a total aggregate amount not to exceed $50,000,
CITY COUNCIL MINUTES 9 MARCH 4, 2014
10 B -9
subject to non - substantive changes approved by the City Manager and
City Attorney.
MOTION: Reyna SECOND: Amezcua
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido,
Reyna, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
MOTION: Authorize the City Manager and Clerk of the Council to execute
an amendment to with Keyser Marston Associates to increase the
compensation by an additional amount of $25,000, for a total aggregate
amount not to exceed $95,000, subject to non - substantive changes
approved by the Executive Director and City Attorney.
MOTION: Sarmiento SECOND: Martinez
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido,
Reyna, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
MISCELLANEOUS - BUDGET
MOTION: Approve acquisition of real property at 202 -218 Grand Avenue
and authorize City Attorney to implement Stipulated Judgment to transfer
title and effectuate settlement of all acquisition issues.
CITY COUNCIL MINUTES 10 MARCH 4, 2014
1OB -10
MOTION: Sarmiento
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
RESOLUTIONS
SECOND: Martinez
Amezcua, Benavides, Martinez,
Reyna, Sarmiento, Tinajero (7)
None (0)
None (0)
None (0)
* *END OF CONSENT CALENDAR **
BUSINESS CALENDAR
Pulido,
55A. RESOLUTION CALLING FOR WATER SUPPLY ALERT - Public Works Agency
MOTION: Adopt a resolution.
RESOLUTION NO. 2014 -008 - RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA CALLING FOR WATER SUPPLY ALERT
MOTION: Martinez SECOND: Sarmiento
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido,
Reyna, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
*Councilmember Sarmiento abstained on Agenda Item 55B due to a conflict of interest and
left the dais during deliberation of the matter.
556. RESOLUTION ADOPTING AN ADDENDUM TO THE FINAL
ENVIRONMENTAL IMPACT STATEMENT /ENVIRONMENTAL IMPACT
REPORT FOR THE BRISTOL STREET WIDENING PROJECT - Public Works
Agency
CITY COUNCIL MINUTES 11 MARCH 4, 2014
1OB -11
Item continued from the February 4, 2014 City Council meeting per staff request
by a vote of 7 -0.
Staff recommends further continuance to allow City Council to provide direction
after the Bristol Street Widening Project Work Study Session takes place on
March 18, 2014.
City Council discussion ensued. Mayor Pro Tern Tinajero requested copy of
proposal submitted by Business Coalition. Mayor Pulido requested options for
consideration when matter discussed. Councilmember Reyna proposed
alternative motion. Councilmember Martinez made friendly amendment to direct
City Attorney to analysis on full and partial takes.
SUBSTITUTE MOTION; Direct staff to work with businesses; City Attorney
to provide analysis of full and partial takes; and bring options and impacts
for consideration to the City Council within 30 days, April 1, 2014.
MOTION: Reyna SECOND: Amezcua
VOTE: AYES: Amezcua, Benavides,
Reyna, Tinajero (6)
NOES: None (0)
ABSTAIN: Sarmiento(1)
ABSENT: None (0)
* Councilmember Sarmiento returned to the dais.
PUBLIC HEARINGS
Martinez, Pulido,
75A. PUBLIC HEARING — FINAL ENVIRONMENTAL IMPACT REPORT NO. 2011-
01, VARIANCE NO. 2012 -04 AND VESTING TENTATIVE TRACT MAP NO.
2012 -02 TO ALLOW A 23 -UNIT SINGLE FAMILY DEVELOPMENT AT 1584
EAST SANTA CLARA AVENUE (SEXLINGER FARMHOUSE AND ORCHARD)
— CONCORDIA UNIVERSITY AND LUTHERAN HIGH SCHOOL OF ORANGE
COUNTY, APPLICANTS - Planning and Building Agency
Planning Commission approved recommended action on February 10, 2014 by
a vote of 6 -1 (Yrarrazaval opposed).
Legal Notice published in the Orange County Reporter and notices mailed on
February 21, 2014.
CITY COUNCIL MINUTES 12 MARCH 4, 2014
1OB -12
Staff report presentation by Acting Executive Director of Planning and Building
Agency, Karen Haluza
Presentation
• Project Site: 1584 E. Santa Clara Ave.
Farmhouse and Orchard
• Farmhouse Constructed In 1914
• 5 -Acre Site
• Approximately 250 Valencia Orange Trees
• Sexlinger Property Background
• Property served as the primary residence and orange orchard for the
Sexlinger family from 1914 until 2006.
• Property was annexed into the City in 1979 and zoned for residential
development.
• Upon her passing, Martha Sexlinger, left the property to Orange Lutheran
High School and Concordia University as joint owners.
• The owners have pursued the sale and development of the property in
order to fund ongoing efforts at their schools.
Entitlement Process Background
• City received first development application in 2007, which was withdrawn.
• Current development proposal received in 2010.
• Environmental and public review process resulted in identification of the
site as a historic resource.
• City Council placed property on SA Register of Historic Places in June
2012.
• Entitlement process placed on 240 -day hold to seek ways to preserve the
property.
• Although there was great public interest in preserving the property, the
alternatives offered would have required funding for which no source was
readily available.
• City continued to work with property owners and preservation advocates.
• A "historic preservation alternative" was added to and analyzed in the
EIR.
• Historic Preservation Alternative
• Preserves farmhouse and garage in place on a 10,000 sq. ft. lot.
• Preserves .23 acres for orange trees.
• House and garage to be restored to Secretary of the Interior Standards.
• Mitigates impacts to a level of less than significant.
• Sold as part of the private development.
• Entitlement Process Background
• In all the EIR was revised /recirculated three times since July 2011 in
order to respond to public comments and analyze additional alternatives.
CITY COUNCIL MINUTES 13 MARCH 4, 2014
1OB -13
The applicant revised their plan to meet the "historic preservation
alternative."
The Planning Commission recommended approval of the revised project,
which preserves the farmhouse and trees on a 10,000 sq. ft. lot, on
February 10, 2014.
• Proposed Project — 23 Houses
• Illustrative Elevations
The property owners do not currently have an agreement with a merchant
builder to construct the houses.
• The elevations are for illustrative purposes only.
• Project Conclusions
• Project is consistent with the General Plan and Zoning designations
allowing for low density, single - family residences.
• Project impacts have been mitigated to a level that is less than
significant.
Project Conclusions
• If approved, the project would:
✓ Allow for the construction of 22 new single - family houses.
✓ Preserve and rehabilitate the original farmhouse and .23 -acre
orchard.
✓ Allow for a reduction in setback to allow the farmhouse to remain in
place.
✓ Allow for a reduction in frontage on one lot.
✓ Create a vesting tentative tract map to allow for the sale of the
houses.
• Recommended City Council Actions
• Certify Environmental Impact Report No. 2011 -01
• Approve Variance No. 2012 -04 (a, b)
• Approve Vesting Tentative Tract Map No. 2012 -02
CITY COUNCIL MINUTES 14 MARCH 4, 2014
1OB -14
Mayor Pulido opened the public hearing. The following speakers addressed the
City Council on the matter:
• Jeff Melching, Attorney representing the applicant, noted that CEQA
overriding considerations and independent cultural analysis of historic impact
have been addressed; property not eligible to be included in State and /or
National Historic Home Registry;
• Michael Gibbons, representing applicants Concordia and Orange Lutheran
High School; supports staff's recommendation; mitigation is costly but
balance provided for in recommendation is acceptable; project will create
family friendly neighborhood, new homes, preserve orchard as well as
farmhouse as an economically feasible dwelling unit.
• Kathy Lapworth, supports revival of Sexlinger property area and staff's
recommendations — preservation of old and development of new.
• John Lapworth, supports recommendation; opined that wishes of Sexlinger
family should be upheld.
• Virginia Mayne, spoke on proposed extension of Lyon Street; opposed to
opening of street to Santa Clara; concerned with traffic impacts; opined that
neighborhood will be significantly impacted by project and oppose
development; undue burden to surrounding area.
• Debbie Merced, spoke in support of the proposed project; opined that
currently a fire hazard and dirt lot; Planning Commission has included
additional conditions that addresses concerns.
• Angelika Kotike, objects to the opening of Lyon and Avalon streets; traffic
impacts will be significant; cul -de -sac to remain and build block wall.
• Long Nguyen, spoke in support of proposed development; opined that win -
win because it will preserve farmhouse and attract new families to the City.
• Michael Haymond, spoke in support of development and positive growth of
the City.
• Stephanie Heard, Santa Clara Ave. and Grand Ave. are thoroughfares and
entrance; farmhouse is boarded -up; supports improvements of area; project
will bring additional revenue and taxes to the City.
• Michael Grant, supports project that will bring new energy and overall
improve area.
• Vicki Woodard Bright, supports project as enhancement to the City.
• Alan Lawson, spoke on behalf of the Santa Ana Historical Preservation
Society, supported City's designation of adding farmhouse to the Historic
Registry; proposed recommendation will rehabilitate home, preserve small
portion of orchard and is good compromise.
• Brian Steffensen, opined that lot has potential to be restored and used as
open space; preserve working class and agricultural roots.
• Bea Tiritilli, spoke in opposition to proposed development; supports open
space; thanked applicants for proposal to preserve some open space;
education opportunity will be lost as well as history; preserve more of the
orchard; can revitalize trees.
• Nick Spain, represents the Old Orchard Conservancy, spoke in opposition to
recommendation; have provided strong testimony in the past from
CITY COUNCIL MINUTES 15 MARCH 4, 2014
1OB -15
preservation experts; meaning of historic property is about community;
positive impact by maintaining land; commented on Madison Park
Community Garden ribbon cutting and need to develop similar projects; have
proposed preservation alternative that would retain 50 %.
• Jeannie Gillett, opposed to proposed development; preserve historic site;
EIR does not respect actions approved by the City Council in June, 2012 and
does not preserve historic resource; proposal will destroy 95% of orchard;
urged City Council to approve preservation alternative.
• Moises Munoz Plascencia, spoke in support of open space, reduce carbon
emissions; urged City Council to request additional alternatives.
• Deborah Rosenthal, attorney representing the Old Orchard Conservancy;
opined that CEQA is inadequate, proposal will only preserve farmhouse and
16 trees; it has been designated as an Orchard, but demolishing 95% of
trees will no longer be an orchard — unique element of area; understands
that property rights important to this City Council; request City Council
consider alternatives.
• Patrick Mitchell, spoke in opposition to proposed project; provide
preservation alternative to historic area.
• Steve Ray, opined that housing project not necessary; property rights noted
in agenda report; historic preservation alternative should be combined as
farmhouse and orchard; cultivated crops is being proposed to be significantly
reduced; urged City Council to keep historic site.
• Molly Goun, opined that Orange Lutheran and Concordia not vested in area;
retain site as community garden, farmer's markets and educational center.
Mayor Pulido closed the Hearing.
Council discussion ensued.
Mayor Pro Tern Tinajero, reflected on actions and opportunities given by the
City Council in past two years to allow groups to work on alternatives; urged
Conservancy to work with developers; proposed actions will preserve farmhouse
and part of orchard.
Councilmember Martinez, understands position of both sides and applauds their
efforts; asked for clarification on traffic and effects. Acting City Engineer Taig
commented on streets connectivity (Circulation Element) and encourages walk
ability. Councilmember noted that all needs considered.
Councilmember Amezcua spoke in support of development; no funding to
develop or maintain the area available.
Mayor Pulido asked why two exits and entrances needed for relatively small
area. City Engineer Taig noted that two recommended for connectivity
purposes and safety access; also block wall would not allow for sewer and water
connectivity; fire department recommends 600 ft. on cul de sac.
CITY COUNCIL MINUTES 16 MARCH 4, 2014
1OB -16
Councilmember Benavides requested brief update on initial EIR and mitigation
measures proposed. Acting Planning and Building Executive Director Karen Haluza
indicated that alternative findings considered during review. Independent
consultant, Jeremy Hollins of URS Corporation, noted that property met
requirements to be included in local historic registry; reviewed all alternatives.
Councilmember noted that efforts had been made by City Council to allow
Conservancy time to find resources needed; streets connectivity important;
community garden efforts to continue in other areas of the City.
City Attorney Carvalho outlined process taken by staff; reviewed different
alternatives.
Mayor Pulido asked about finding as designation of key recourse — farmhouse and
orchard considered together. Consultant indicated that whole property considered
— topography, land use, natural environments and clusters; analysis found that all
elements come into play in final determination.
Councilmember Sarmiento thanked all parties involved; CEQA analysis included
historic preservation specialist; reasonable alternatives considered; findings by
Planning Commission thoroughly vetted; finds are adequate; property rights need to
be respected; appreciate comments by neighborhood.
Mayor Pulido read note provided by Jeannie Gillett into the record. Suggest
developer plant more orange trees around development.
MOTION: Adopt a resolution.
RESOLUTION NO. 2014 -009 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT
NO. 2011 -01 AND APPROVING THE MITIGATION MONITORING PROGRAM;
APPROVING VARIANCE NOS. 2012 -04(A) AND 2012 -04(B) AS CONDITIONED;
AND, APPROVING VESTING TENTATIVE TRACT MAP NO. 2012 -02 (COUNTY
MAP NO. 17231) AS CONDITIONED FOR THE PROPERTY LOCATED AT 1584
EAST SANTA CLARA AVENUE
MOTION: Tinajero SECOND: Amezcua
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido,
Reyna, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
RECESSED THE CITY COUNCIL MEETING AT 10:24 P.M. AND CONVENE THE
HOUSING AUTHORITY AND SUCCESSOR AGENCY MEETINGS; THE CITY COUNCIL
MEETING RECONVENED AT 10:25 P.M. WITH SAME MEMBERS PRESENT.
CITY COUNCIL MINUTES 17 MARCH 4, 2014
1OB -17
COMMENTS
90A. CITY MANAGER'S COMMENTS
Welcomed and introduced Orange County Fire Authority Battalion Chief Anthony
Espinoza who will be representing Santa Ana,
90B. CITY COUNCILMEMBER COMMENTS
Councilmember Martinez:
Requested clarification on Strategic Plan approval timeframe;
o City Manager Cavazos noted that Strategic Plan will be approved at the next
Council Meeting with funding approval at the April 1, 2014 City Council
meeting.
Request that all documents on draft Strategic Plan be made available to the
public, including draft funding plan
Requested that Strategic Plan be complete and be presented to City Council
and community.
Mayor Pro Tern Tinajero
Congratulated the City on award winning water.
Councilmember Amezcua:
• Thanked all for presentations at tonight's meeting.
Councilmember Reyna:
• Urged all to conserve water;
• Directed staff to prepare resolution in support of AB1453; and
• Asked that all shop in Santa Ana.
ADJOURNED - 10:45 p.m. - The next meeting of the City Council is scheduled for
Tuesday, March 18, 2014 at 5:00 p.m. for the Closed Session Meeting
immediately followed by the Regular Open Business Meeting at 5:45 p.m.
in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California.
Maria D. Huizar,
Clerk of the Council
FUTURE AGENDA ITEMS
Street Car Project Locally Preferred Alignment
• Harbor Blvd. Mixed -Use Plan
• Public Hearing on Sexlinger Property
• Adoption of Strategic Plan
• General Plan Housing Element Annual Progress Report
Solar Permit Fee Waiver
Dangerous and Abandoned Buildings
Proactive Rental Enforcement Program Renewal
CITY COUNCIL MINUTES 18 MARCH 4, 2014
1OB -18