HomeMy WebLinkAbout10A - MINUTES 09-16-14MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
SEPTEMBER 16, 2014
CLOSED SESSION MEETING
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
5:11 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor (5:22 P.M.)
SAL TINAJERO, Mayor Pro Tern
ANGELICA AMEZCUA
P. DAVID BENAVIDES
MICHELE MARTINEZ
ROMAN A. REYNA
VINCENT F. SARMIENTO (5:15 P.M.)
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 5:11 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:
1) JOINT ITEM — City of Santa Ana, Successor Agency and Housing Authority:
Peebler vs. State of California Superior Court Case No. 34- 2012 - 80001172;
Court of Appeal Case No. C073698
CITY COUNCIL MINUTES 10A -1 SEPTEMBER 16, 2014
2) JOINT ITEM — City of Santa Ana, Successor Agency and Housing Authority:
Cuenca vs. State
3) JOINT ITEM — City of Santa Ana, Successor Agency and Housing Authority:
City of Santa Ana vs. Ana Matosantos (DOF) Case No. 34- 2013 - 80001477
4) Carlos Ibarra v. City of Santa Ana, Orange County Superior Court Case No.
30 -2013- 00663031, Claim No. 2012 -099.
5) Michael Buelna v. City of Santa Ana, Workers' Compensation Appeals Board
Case Nos. #Unassigned; #ADJ8310211
6) Galen Diaz v. City of Santa Ana, Workers' Compensation Appeals Board
Case No. ADJ8945258
7) Emily Tran v. City of Santa Ana, Workers' Compensation Appeals Board
Case No. ADJ8335303
8) Adriana Ortega v. City of Santa Ana, Workers' Compensation Appeals Board
Case No. ADJ8914342
9) The Old Orchard Conservancy v. City of Santa Ana; Orange County Superior
Court Case No. 30- 2014 - 00714225
*Councilmember Sarmiento declared that out of an abundance of caution and a
potential conflict of interest he would abstain from said matter and left the room
during deliberation of matter.
2. CONFERENCE WITH LEGAL COUNSEL — POTENTIAL INITIATION OF
LITIGATION Significant exposure to litigation pursuant to paragraph (4) of
subdivision (d) of Section 54956.9 of the Government Code: - One Civil Case.
3. LIABILITY CLAIMS pursuant to section 54956.95 of the Government Code: -
Claim No. 2014 -012 Mercedes Ortiz.
CLOSED SESSION REPORT - See Item 19A. for any reportable actions.
ADJOURNED THE CLOSED SESSION MEETING AT 6:31 P.M. AND CONVENED TO THE
REGULAR OPEN MEETING.
CITY COUNCIL MINUTES 1 OA-2 SEPTEMBER 16, 2014
CALLED TO ORDER
REGULAR OPEN MEETING
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
6:32 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
SAL TINAJERO, Mayor Pro Tem
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
JUAN CARREON, PIO PICO ELEMENTARY
SCHOOL
ERIC WAKELING. POLICE CHAPLAIN
1) PROCLAMATION AND CERTIFICATES OF RECOGNITION presented by MAYOR
PULIDO to the Communication Linkage Forum Committee in honor of its 25th
anniversary.
2) CERTIFICATES OF RECOGNITION presented by MAYOR PRO TEM TINAJERO to
three Valley Little League teams for winning their respective City championships.
Machine Pitch Team: Manager Jose Roldan; Players: Israel Camarena, Jacob Carlon,
Aaron Cervantes, Emiliano Dominguez, Diego Guillen, Calvin Manalo, Angel Mora,
Martin Munoz, Antonio Najera, Sebastian Orozco, Leonardo Ramirez, Damian Roldan,
Dominic Roldan
CITY COUNCIL MINUTES 1 o -3 SEPTEMBER 16, 2014
COUNCILMEMBER AMEZCUA, A Team: Manager David Saucedo, Coach Cesar
Delgado; Players: Josh Delgado, Alex Gomez, Kevin Hernandez, Ricky Hernandez,
Elias Lopez, Carlos Mora, Andre Naranjo, Angel Naranjo, Jacob Noriega, Andy
Peredo, David Saucedo
Maiors Team: Manager: Oscar Diaz, Coaches: Jimmy Contreras and Harvey
Contreras; Players: Ivan Bailon, Harvey Contreras, Sabastian Diaz,Tyler Lopez, Martin
Najera, Danny Navarro, Anthony Noriega Gabriel Ochoa Isaac Pinedo Arthur Prado,
Aaron Rodriguez, Eduardo Rodriguez, Vincent Tinajero, Javier Vega,
3) CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER AMEZCUA to
Iglesia de Dios Pentecostal in recognition of their summer school character building
program.
4) PROCLAMATION presented by COUNCILMEMBER MARTINEZ in recognition of
Hispanic Heritage Month.
5) PROCLAMATION presented by COUNCILMEMBER REYNA to Orange County Fire
Authority in recognition of Fire Prevention Week.
CLOSED SESSION REPORT - See Agenda Item 19A for Closed Session Report.
PUBLIC COMMENT
• Andrea Harris McGee, opined that there was a misunderstanding in the art community
regarding the utility user box art project; student was recently arrested that misunderstood
process; student should not be prosecuted and requested Council assistance in dropping
charges.
o Mayor Pulido requested that the City Attorney's Office provide the Council background
information regarding the individual who was arrested for painting a City utility box.
• George Estrada, spoke on City's Measure on Utility User's Tax; opposed to spending
funds as recommended in Agenda Item 20A; also, opined that double standard if release
investigative report by City Attorney regarding Mayor Pulido.
• Kandice Hawes, principal officer of the Political Committee in support of Measure CC;
spoke in opposition to allocating funds as proposed in Agenda Item 20A.
• Olivia Arzate, spoke in support of bringing back deported resident, Samuel Sixtos.
• Silvia Silva, urged leaders not to break families apart (by deporting).
• Miriam Grajales, spoke in opposition to deportation law.
CITY COUNCIL MINUTES 1 OA -w SEPTEMBER 16, 2014
• Martha Sixtos, mother of deported resident, Samuel Sixtos, requested support of his
release.
• Alexis Teodoro, RAIZ Deportation Coordinator, TRUST Act violated when arrestee was
turned over to ICE by the Sherriff's Department; submitted a proposed resolution in
support of Immigration Reform.
• Ramos Campos, spoke in support of City approving resolution to assist Samuel Sixtos.
• Silvia Hernandez, representing USWW of Santa Fe Building, urged City Council to
contract with unionized companies.
• Carlos Perea, RAIZ, supports resolution in support of Samuel Sixtos; request Council
agendize on next Agenda.
• Karen Palerin, spoke on West Nile virus, believe that the City should make decision on
spraying instead of Orange County Vector Control; urged all to stop spraying; opined that
homeless population would be most affected.
o Mayor Pulido reported that no spraying will be conducted by Orange County Vector
Control.
• Clara Avila, member of RAZZ, spoke on deportation issue and requested Council support.
• Evie Cortez, opposed to spraying by Orange County Vector Control; circulated petition
signed by residents to stop spraying.
• Abraham Medina, member of Santa Ana Men and Boys of Color, raised issues on
restorative justice; submitted letter for the record from Congresswoman Sanchez to ICE in
support of deportee Samuel Sixtos.
• Bonnie Masey, spoke in opposition to homeless shelter; stop criminalization of minor
offenses; check -in centers for homeless necessary; supports shelter center, but not at
proposed site.
• Pierre Espino, asked that residents be notified of any future spraying.
• Connie Hamilton, invited all to attend the Candidate Forum sponsored by Comlink at
Rancho Santiago Community College District Board Room on Thursday, September 18,
2014.
• Rick Niedermayer, spoke in support of Agenda Item 65A; maintain fields; celebrating
AYSO anniversary and indicated that VIP program for children with disabilities.
CONSENT CALENDAR ITEMS
MOTION: Approve Consent Calendar Items 10A through 39A as recommended
by staff, with the following modifications:
• Addition of 19A. Closed Session Actions;
• Mayor Pro Tern Tinajero pulled items 31A and 31B for separate discussion;
• Councilmember Amezcua pulled item 25C for separate discussion; and
CITY COUNCIL MINUTES 10 5 SEPTEMBER 16, 2014
• Councilmember Martinez pulled Items 19C, 19D, 20A, 23A, 25A, 25B, 25C,
25D, 31 B and 31 C for separate discussion.
MOTION: Amezcua
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
MINUTES
SECOND: Benavides
Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento,
Tinajero (7)
None (0)
None (0)
None (0)
ADMINISTRATIVE MATTERS
10A. MINUTES FROM THE REGULAR MEETING OF SEPTEMBER 16, 2014
{Strategic Plan No. 5, 1} - Clerk of the Council Office
MOTION: 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. SECOND READING ORDINANCE: AMENDMENT APPLICATION NO. 2014 -03
TO AMEND THE ZONING FROM LIGHT INDUSTRIAL (M1) TO TWO- FAMILY
RESIDENTIAL (R2) AT 1728 AND 1732 WEST SECOND STREET —
MIDOROS, LLC, APPLICANT {Strategic Plan No. 5, 1) - Planning and Building
Agency
Placed on first reading at the September 2, 2014 City Council meeting and
approved by a vote of 6--0 ( Amezcua absent)
Published in the Orange County Reporter on September 5, 2014.
MOTION: Place ordinance on second reading and adopt.
CITY COUNCIL MINUTES 1 0A -6 SEPTEMBER 16, 2014
ORDINANCE NO. NS -2870 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 1728
AND 1732 WEST SECOND STREET FROM LIGHT INDUSTRIAL (M1) TO
TWO- FAMILY RESIDENTIAL (R2) (COUNCILMEMBER AMEZCUA, NO. 2014-
03)
BOARDS / COMMISSIONS / COMMITTEES
13A. MINUTES FROM THE JUNE 30, 2014 DEVELOPMENT AND
TRANSPORTATION COUNCIL COMMITTEE {Strategic Plan No. 5, 11 -
Planning and Building Agency
MOTION: Receive and file Minutes.
MISCELLANEOUS ADMINISTRATION
19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office
MOTION: Approve settlement agreements as follows:
• CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant
to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government
Code:
Michael Buelna v. City of Santa Ana, Workers' Compensation Appeals Board
Case Nos. #Unassigned; #ADJ8310211 - Stipulated Award valued at
$89,987.50, plus lifetime future medical.
Galen Diaz v. City of Santa Ana, Workers' Compensation Appeals Board
Case No. ADJ8945258 - Stipulated Award valued at $28,692.50, plus
lifetime future medical.
Emily Tran v. City of Santa Ana, Workers' Compensation Appeals Board
Case No. ADJ8335303 - Stipulated Award valued at $53,570.28, plus
lifetime future medical.
Adriana Ortega v. City of Santa Ana, Workers' Compensation Appeals Board
Case No. ADJ8914342 - Compromise and Release in the amount of
$20,000.00.
• LIABILITY CLAIMS pursuant to section 54956.95 of the Government Code: -
Claim No. 2014 -012 Mercedes Ortiz. - Settlement in the amount of
$42,000.00.
CITY COUNCIL MINUTES 1 od -% SEPTEMBER 16, 2014
am
19C.?
i 9D.'
EXCUSED ABSENCES — NONE
Councilmember Martinez, thanked staff for bringing matter forward and part of
the Strategic Plan.
Councilmember Reyna, key to communicate with residents; suggest that entity
selected be familiar with our community.
MOTION: Authorize the Planning and Building Agency to send a Request
for Qualifications to qualified consulting firms to provide technical
services to support the City in the preparation of a Community
Engagement Plan.
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 Planning and Building Agency to release a
Request for Qualifications for the Third and Broadway Development
Project.
MOTION: Martinez
VOTE: AYES:
NOES
ABSTAIN
SECOND: Reyna
Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
None (0)
None (0)
CITY COUNCIL MINUTES 10A -8 SEPTEMBER 16, 2014
ABSENT: None (0)
19E. REQUEST FOR PROPOSALS FOR PROVIDING PARK LANDSCAPE
MAINTENANCE SERVICES FOR DISTRICTS 1, 4 AND 5 {Strategic Plan No. 6,
1 B) - Parks, Recreation & Community Services Agency
MOTION: Authorize the Parks, Recreation and Community Services
Agency to issue a Request for Proposals (RFP) to qualified companies to
provide landscape maintenance services at City parks bike trails, and
various City properties in districts 1, 4 and 5.
19F, CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT
{Strategic Plan No. 4, 1) - Community Development Agency
MOTION: Recommend that the City Council authorize submittal of the
Consolidated Annual Performance and Evaluation Report to the U. S.
Department of Housing and Urban Development.
19G. STRATEGIC PLAN MONTHLY REPORT — JULY 2014 {Strategic Plan No. 5, 11
- City Manager's Office
MOTION: Receive and file the July 2014 Monthly Report.
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20A, APPROPRIATION ADJUSTMENT MEDICAL MARIJUANA i ENFORCEMENT.
APPROPRIATION ADJUSTMENT NO. 2015 -037 - To reallocate $500,000 in
2014 -15 General Fund reserve appropriations to various departmental
expenditure accounts to fund medical marijuana enforcement plan efforts.
Continued from the August 5, 2014 City Council Meeting by a vote of 4 -3
(Reyna, Sarmiento, and Tinajero absent)
Continued from the September 2, 2014 City Council meeting by a vote of 7 -0.
Councilmember Martinez, need to stop continuing and take action; supports
matter.
CITY COUNCIL MINUTES 1 O A_e SEPTEMBER 16, 2014
Councilmember Amezcua, task force that raided businesses close to schools;
don't want to wait and want to continue working with resources.
Councilmember Sarmiento, staff not provided with clear direction or notice to the
court when voluminous charges filed; need time to review matter and do more
responsibly; if measure approved will use revenue for enforcement purposes.
Councilmember Benavides, dispensaries raided; what level of enforcement is
needed and resources.
City Manager Cavazos, noted used existing resources; court did not receive
case load well and behoove to provide better information; 7 weeks from election
and depending on outcome will make recommendations; staff to return with
Plan.
MOTION: Table item until after 2014 Election results determined.
MOTION: Amezcua
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
SECOND: Tinajero
Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
None (0)
None (0)
None (0)
SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES
22A. SPEC. NO. 14 -051 — SECURITY CAMERAS AT THE SANTA ANA PUBLIC
LIBRARY {Strategic Plan No. 1, 11 - Finance & Management Services
MOTION: Award a contract to Siemens Industry, Inc. in an amount not to
exceed $49,000, subject to non - substantive changes approved by the City
Manager and City Attorney.
22B. SPEC. NO. 14 -057 - OFFICE FURNITURE (Strategic Plan No. 7, 1 and 5) -
Finance & Management Services, Personnel Services, and Parks, Recreation
and Community Services
MOTION: Award a contract to Culver - Newlin, using the Hawthorne School
District's contract with Culver - Newlin for the purchase of office furniture in
an amount not to exceed $90,000, subject to non - substantive changes
approved by the City Manager and City Attorney.
CITY COUNCIL MINUTES 101010 SEPTEMBER 16, 2014
22C. SPEC. NO. 14 -046 - WEST RESERVOIR COATING SERVICES (Strategic Plan
No. 6, 1, 1C) - Finance & Management Services and Public Works Agency
MOTION: Award a contract to Olympos Painting Inc. for west reservoir
coating services in an amount not to exceed $144,900, subject to non -
substantive changes approved by the City Manager and City Attorney.
PROJECTS /CHANGE ORDERS
Councilmember Martinez, thanked staff for bringing matter forward.
Councilmember Reyna, requested a report on how much of the contingency is
used after the project is completed.
MOTION:
1) Award a contract to All American Asphalt, the lowest responsible
bidder, in accordance with the Base Bid, in an amount of $631,573, for
construction of the Chestnut Avenue Class II Bikeway from Standard
Avenue to Grand Avenue; Alley Improvements FY 2013 -14; and
Chestnut Avenue Rehabilitation from Broadway to Main Street.
2) Approve the Cost Analysis for a total estimated project delivery cost of
$757,888.
3) Authorize the City Manager to execute change orders in an amount not to
exceed the total authorized contingency of $63,157.
MOTION: Martinez SECOND: Pulido
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
CITY COUNCIL MINUTES 10A11111 SEPTEMBER 16, 2014
25A. AGMT NO. 2014 -218 - CITYWIDE ENVIRONMENTAL, HEALTH, AND SAFETY
PROGRAM MANAGEMENT SERVICES (Strategic Plan No. 7, 6) - Personnel
Services Agency and Publics Works Agency
Personnel Services Agency Executive Director, Ed Raya, reported that
consultant to address safety related issues and address OSHA compliance.
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with Bureau Veritas North America, Incorporated (BVNA),
subject to non - substantive changes approved by the City Manager and
City Attorney, for a two -year period, in an amount not to exceed $360,000.
The agreement includes a provision for a one -year renewal option
exercisable by the City Manager and City Attorney, in an amount not to
exceed $180,000, a total of $540,000 for the three -year period.
Councilmember Martinez, City going beyond the contractual obligations of now
defunct CMD /PBID by approving contract; prioritize the fixing of sidewalks.
MOTION: Authorize the City Manager and Clerk of the Council to execute a
three -year agreement, ending June 30, 2017, with Orange County
Contractor Services Councilmember Benavides, a Orange County on for
an amount not to exceed $25,000 per year, subject to non - substantive
changes approved by the City Manager and City Attorney. Execution of
this agreement includes the option to extend for up to three additional
twelve month periods.
MOTION: Martinez SECOND: Tinajero
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
CITY COUNCIL MINUTES l o 12 2 SEPTEMBER 16, 2014
25C.
Councilmember Amezcua, request report of asbestos at the YMCA.
City Manager Cavazos indicated that no threat to the public unless they go
inside.
Councilmember Martinez, thanked Taller San Jose for Exclusive Agreement and
look forward to working with them.
Councilmember Sarmiento, thanked staff; improving condition of the building;
what happens if contractor does not follow through with obligations.
City Manager Cavazos, indicated that City may re -bid but it would come back to
Council with options for consideration.
MOTION:
1) AGMT NO. 2014 -220 - Authorize the City Manager and City Attorney to
approve an Exclusive Negotiation Agreement on behalf of the City of
Santa Ana with St. Joseph Health and Taller San Jose for the reuse of
the YMCA building.
2) AGMT NO. 2014 -221 - Authorize the City Manager and City Attorney to
execute a Reimbursement Agreement in the amount of $40,000 with the
parties subject to non - substantive changes approved by the City
Manager and City Attorney.
3) AGMT NO. 2014 -222 - Authorize the City Manager and Clerk of the
Council to prepare and execute an agreement with Orange County
Contractors Services Councilmember Benavides, a Orange County
Mailboxes and Construction to complete security enhancements and
physical improvements to the exterior of the former YMCA building for
an amount not to exceed $44,000, subject to non - substantive changes
by the City Manager and City Attorney.
MOTION: Martinez
VOTE: AYES:
NOES
ABSTAIN
SECOND: Amezcua
Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
1► WJ
None (0)
CITY COUNCIL MINUTES 101313 SEPTEMBER 16, 2014
25D.
ABSENT:
None (0)
Councilmember Martinez, asked for progress of proposed park.
Parks, Recreation and Community Services Agency Executive Director, Gerardo
Mouet, noted that City approving design plan; working with community on
concept and architects; next steps include bidding and address gap in funding
requirement.
Councilmember Martinez, excited that new parking coming.
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with RJM Design Group, subject to non - substantive
changes approved by the City Manager and City Attorney, for a one -year
period expiring September 15, 2015, in an amount not to exceed $215,500.
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Reyna
Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
None (0)
None (0)
None (0)
25E. COMPLETION OF WALNUT PUMP STATION PROJECT PLANS AND
ENVIRONMENTAL DOCUMENTS (PROJECT NO. 11 -6412) (Strategic Plan No.
6, 1 C) - Public Works Agency
MOTION:
1) AGMT NO. 2014 -224 - Authorize the City Manager and Clerk of the
Council to execute an agreement with Psomas, Inc., subject to
nonsubstantive changes approved by the City Manager and City
Attorney, to provide engineering design, bid support, and construction
support services for the completion of the Walnut Pump Station
CITY COUNCIL MINUTES 10A1414 SEPTEMBER 16, 2014
project, for a three -year period expiring September 1, 2017, in an
amount not to exceed $175,000.
2) AGMT NO. 2014 -225 - Authorize the City Manager and Clerk of the
Council to execute an agreement with T &B Planning, Inc., subject to
nonsubstantive changes approved by the City Manager and City
Attorney, to provide environmental review services for the completion
of the Walnut Pump Station project, for a one -year period expiring
September 1, 2015, in an amount not to exceed $17,000.
25F. AGMT NO. 2014 -226 — COST - SHARING AGREEMENT FOR THE WATER
RESERVOIR PERIMETER WALL IMPROVEMENTS AT THE SOUTH STATION
WATER RESERVOIR SITE (PROJECT NO. 14 -6444) {Strategic Plan No. 6, 1 B)
- Public Works Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with the Orange County Water District, subject to non -
substantive changes approved by the City Manager and City Attorney,
designating the Orange County Water District as project lead; and
assigning a 36- percent share of the project costs to the City of Santa Ana,
initially estimated at $126,000.
25G. AGMT NO. 2014 -227 - COST REVIEW SERVICES ANALYZING INVOICES,
SUPPLIER CONTRACTS, AND OTHER INFORMATION RELATED TO
TELECOMMUNICATIONS, UTILITIES, TREASURY SERVICES, AND
DOCUMENT MANAGEMENT (Strategic Plan No. 4, 3) - Finance &
Management Services
MOTION: Authorize the City Manager and Clerk of the Council to execute a
three year agreement with Procure America in an amount not exceed
$50,000 subject to non - substantive changes approved by the City Manager
and City Attorney.
25H. AGMT NOS. 2014 -228, 2014 -229, AND 2014 -230 - EMERGENCY ON -CALL
SEWER AND WATER SYSTEM REPAIR SERVICES {Strategic Plan No. 6,. 11 -
Public Works Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
agreements with W.A. Rasic Construction Company, Inc.; Paulus
Engineering, Inc.; and T.E. Roberts, Inc.; subject to non - substantive
changes approved by the City Manager and City Attorney, for a three -year
period expiring September 15, 2017, with provisions for a two - year - period
renewal option exercisable by the City Manager and City Attorney, in an
aggregate amount not to exceed $400,000 annually.
CITY COUNCIL MINUTES 101515 SEPTEMBER 16, 2014
251. AGMT NO. 2014 -231 - AMEND MASTER FUNDING AGREEMENT (C -1 -2783)
FOR MEASURE M2 COMPREHENSIVE TRANSPORTATION FUNDING
PROGRAMS {Strategic Plan No. 3, 2C and 6,1 G} - Public Works Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
Amendment No. 2 to the Master Funding Agreement with the Orange
County Transportation Authority for the M2 Comprehensive
Transportation Funding Programs, subject to non - substantive changes
approved by the City Manager and City Attorney.
25J. AGMT NO. 2014 -232 - BOND COMPLIANCE CONTINUING DISCLOSURE
SERVICES {Strategic Plan No. 4, 2D) - Finance & Management Services
MOTION. Authorize the City Manager and Clerk of the Council to execute
an agreement with Urban Futures, Inc., for a three -year period in an annual
amount of $5,500, subject to non - substantive changes approved by the
City Manager and City Attorney
25K. AGMT NO. 2014 -233 - SOFTWARE MANAGEMENT FOR WORKERS'
COMPENSATION AND LIABILITY CLAIMS {Strategic Plan No. 7, 5 and 6) -
Personnel Services Agency
MOTION: Continue consideration of matter, at the request of staff.
25L. AGMT NO. 2014 -234 - MAINTENANCE AND SUPPORT OF POLICE
TRACKING SOFTWARE {Strategic Plan No. 1, 3, 3A} - Police Department
MOTION: Authorize the City Manager and Clerk of the Council to execute a
three -year agreement with Cl Technologies, terminating August 31, 2017,
in an amount not to exceed $18,500, subject to non - substantive changes
approved by the City Manager and City Attorney.
LAND USE MATTERS
CONDITIONAL USE PERM ITIVARIANCES
31A.
CITY COUNCIL MINUTES 101616 SEPTEMBER 16, 2014
b
11100 - GREGG BERWIN, APPLICANT tStrategic Plan No. 3, 2} - Planning and
Building Agency
Planning Commission approved recommended action on August 25, 2014, by a
vote of 7 -0.
Mayor Pro Tern Tinajero, asked if open during construction.
MOTION: Receive and file the staff report approving Conditional Use
Permit No. 2014 -30 as conditioned and Conditional Use Permit No. 2014-
31.
MOTION: Tinajero SECOND: Sarmiento
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
Planning Commission approved recommended action on August 25, 2014, by a
vote of 7 -0.
Interim Executive Director of Planning and Building, Karen Haluza, noted that
food tenants in open floor plan; one ABC license for all and open till 2 a.m.
Councilmember Martinez, excited about concept and having culinary schools in
Santa Ana.
Councilmember Sarmiento, concept successful in other areas; like idea; one 47
license that will monopolize all the tenants; include provision that business open
only until 2 a.m.; keep business type balance - day time business and service
businesses.
Interim Director Haluza, concept have demonstration stations; sell fresh food as
well as cooked food.
CITY COUNCIL MINUTES 101 -1 7 SEPTEMBER 16, 2014
Councilmember Benavides, downtown becoming a destination and food
revolution in Downtown; a hub; market should drive the type of businesses
coming to City.
Mayor Pulido, owners have received a lot of interest calls; additional amenities
that will be further benefitted by Streetcar project.
MOTION: Receive and file the staff report approving Conditional Use
Permit No. 2013 -32, Conditional Use Permit No. 2013 -33 as conditioned,
and Conditional Use Permit No. 2013 -34 as conditioned.
MOTION: Tinajero
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
SECOND: Martinez
Amezcua, Benavides,
Sarmiento, Tinajero (7)
None (0)
None (0)
None (0)
Martinez, Pulido, Reyna,
Planning Commission approved recommended action on August 25, 2014, by a
vote of 7 -0.
Councilmember Martinez, 24- Fitness opening at Main Place Mall; moving
forward with parking reduction; business friendly City.
MOTION: Receive and file the staff report approving Variance No. 2014 -05
as conditioned.
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Sarmiento
Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
None (0)
None (0)
None (0)
CITY COUNCIL MINUTES 10A1818 SEPTEMBER 16, 2014
MISCELLANEOUS — LAND USE
39A. ASSIGNMENT OF DEVELOPMENT RIGHTS FOR THE LYON COMMUNITIES
RESIDENTIAL DEVELOPMENT PROJECT TO BE LOCATED AT 1901 EAST
FIRST {Strategic Plan No. 5, 3) - Planning and Building Agency
MOTION: Direct the City Manager to authorize the assignment of
development rights for the Lyon Communities residential development
project to 1901 First Street Owner, LLC, with such non - substantive
changes as may be approved by the City Manager and City Attorney.
* *END OF CONSENT CALENDAR **
BUSINESS CALENDAR ITEMS
RESOLUTIONS
55A. APPROPRIATION ADJUSTMENT TO RECOGNIZE ADDITIONAL PLANNING
AND BUILDING AGENCY REVENUE AND RESOLUTION TO ADD BUILDING
SAFETY AND PLANNING POSITIONS TO THE FY14 -15 BUDGET {Strategic
Plan No. 3, 3; 5, 3; and 4,2) - Planning and Building Agency
Councilmember Martinez, thanked staff for adding positions.
MOTION:
1) Approve an appropriation adjustment. (Requires five affirmative votes)
APPROPRIATION ADJUSTMENT NO. 2015 -059 - Recognizing $772,000 in
additional Planning and Building Agency Revenue.
2) Adopt a resolution.
RESOLUTION NO. 2014 -054 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA TO AMEND THE CURRENT ANNUAL
BUDGET TO DELETE ONE FULL TIME POSITION AND ADD SEVEN FULL
TIME POSITIONS IN THE PLANNING AND BUILDING AGENCY
MOTION: Martinez
VOTE: AYES:
NOES:
SECOND: Benavides
Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
None (0)
CITY COUNCIL MINUTES 101919 SEPTEMBER 16, 2014
ABSTAIN: None (0)
ABSENT: None (0)
55B. RESOLUTION TO PROPOSE AMENDMENT TO CLASSIFICATION AND
COMPENSATION PLAN AND ANNUAL BUDGET TO ADJUST THE SALARY
FOR THREE FULL TIME MIDDLE MANAGEMENT CLASSIFICATION TITLES
IN THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLAN
{Strategic Plan No. 4, 1 and 7,4) - Personnel Services Agency
MOTION: Adopt a resolution.
RESOLUTION NO. 2014 -055 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 91 -066 TO
ADJUST THE SALARY FOR THREE FULL TIME MIDDLE MANAGEMENT
CLASSIFICATION TITLES IN THE CITY'S BASIC CLASSIFICATION AND
COMPENSATION PLAN
MOTION: Benavides
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Sarmiento
Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
None (0)
None (0)
None (0)
55C. RESOLUTION DECLARING A WATER CONSERVATION LEVEL 1 WATER
SHORTAGE {Strategic Plan No. 5, 2, 6F} - Public Works Agency
MOTION: Adopt a resolution.
RESOLUTION NO. 2014 -056 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA DECLARING A LEVEL 1 WATER SHORTAGE
MOTION: Sarmiento
VOTE: AYES:
10[01
ABSTAIN
SECOND: Amezcua
Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
None (0)
None (0)
CITY COUNCIL MINUTES 10A2020 SEPTEMBER 16, 2014
ABSENT: None (0)
55D. RESOLUTION APPROVING RELOCATION PLAN FOR BRISTOL STREET
PHASE IIIB IMPROVEMENTS BETWEEN WASHINGTON AVENUE AND
SEVENTEENTH STREET (PROJECT NO. 116740 NON GENERAL FUND)
{Strategic Plan No. 3, 2C and 6,1 G) - Public Works Agency
MOTION: Adopt a resolution.
RESOLUTION NO. 2014 -057 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA APPROVING THE RELOCATION PLAN FOR
PHASE IIIB IMPROVEMENTS OF THE BRISTOL STREET WIDENING
PROJECT BETWEEN WASHINGTON AND SEVENTEENTH STREET
MOTION: Martinez SECOND: Tinajero
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
55E. RESOLUTION AUTHORIZING AN AGREEMENT WITH THE STATE OF
CALIFORNIA FOR PROPOSITION 84 STORM WATER GRANT PROGRAM
FUNDING (Strategic Plan No. 4, 3 and 6, 1) - Public Works Agency
MOTION: Adopt a resolution.
RESOLUTION NO. 2014 -058 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT WITH THE STATE OF CALIFORNIA FOR
PROPOSITION 84 STORM WATER GRANT PROGRAM (SWGP) FUNDING
MOTION: Sarmiento SECOND: Tinajero
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
CITY COUNCIL MINUTES 10A21n 1 SEPTEMBER 16, 2014
ABSENT: None (0)
55F. RESOLUTION - BIENNIAL REVIEW OF CITY CLASSIFICATIONS REQUIRED
TO FILE A STATEMENT OF ECONOMIC INTERESTS FORM {Strategic Plan
No. 5, 1) - Clerk of the Council Office
MOTION: Adopt a resolution.
RESOLUTION NO. 2014 -059 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AMENDING THE CONFLICT OF INTEREST
CODES OF CERTAIN CITY AGENCIES AND DEPARTMENTS
MOTION: Martinez SECOND: Tinajero
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
REPORTS
65A. YOUTH SPORTS SCHOLARSHIP PROGRAM {Strategic Plan No. 2, 2} - Parks,
Recreation & Community Services Agency
City Manager Cavazos, noted that Plan is scheduled for City Council
consideration at the October 7, 2014 meeting.
MOTION: Receive and file the Parks, Recreation, Education and Youth
Council Committee's recommended direction on the development and
implementation of the Youth Sports Scholarship Program.
MOTION Sarmiento
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
SECOND: Tinajero
Amezcua, Benavides,
Sarmiento, Tinajero (7)
None (0)
None (0)
=(
Martinez, Pulido, Reyna,
CITY COUNCIL MINUTES 1 O N222 SEPTEMBER 16, 2014
PUBLIC HEARINGS
*Councilmember Sarmiento, declared that out of an abundance of caution and a potential
conflict of interest he would abstain from Agenda Item 75A and left the dais during
deliberation of matter.
75A. PUBLIC HEARING — CONSIDERATION OF FINAL ENVIRONMENTAL IMPACT
REPORT NO. 2011 -01 (SCH# 2008041172), FINDINGS PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT MITIGATION MONITORING
PROGRAM; VARIANCE NOS. 2012 -04(A) AND 2012 -04(B) AS
CONDITIONED; 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 (Strategic Plan No. 3, 2; 5, 3) - Planning and Building
Agency
Legal Notice published in the Orange County Reporter and notices mailed on
August 22, 2014.
Public hearing held and motion to reconsider vote approved by a vote of 5 -0
(Amezcua and Tinajero absent) at the September 2, 2014 City Council meeting.
Notice of Continued Public Hearing posted on September 3, 2014 pursuant to §
54955.1.
Mayor Pulido, opened the public hearing. The following speakers addressed the
City Council on the matters.
• Jeff Melching, representing applicant, noted that proceedings are
administrative correction that draw Findings into alignment with the
Environment Impact Report (EIR) with nothing new to add.
• Michael Gibbons, representing Orange Lutheran High School and Concordia
University, supports recommendation; project before the City for past 6 '/2
years with thorough process in place.
• Nick Spain, opined that Public Hearing has no legal framework; legal defects
in Council decision as it relates to CEQA Findings.
• Mathew Holbrook, opined that Findings not previously circulated in Council
approval of March, 2014; proper notice for findings or Continued Public
Hearing not provided; no process to amend the Findings; remedy if
insufficient findings Council may reconsider and properly approve; no new
evidence since March, 2014 to support approval of Findings.
• Jeannie Gillett, improper for Council to vote on current condition of the trees
and whether or not the Conservancy has the funds to purchase land;
CITY COUNCIL MINUTES 1 O 223 SEPTEMBER 16, 2014
maintains that requirements not met or change historic value or significance;
noted that remaining trees have not been watered; concerned that perceived
conflict existed in March, 2014 for Councilmember Sarmiento.
• Steve Ray, believes that inadequate analysis in EIR considered in making
decision; Old Orchard Conservancy in litigation on this matter; no remedy to
alleviate administrative error only vacate approval and reconsider entire
project.
The Mayor closed the Public Hearing.
Council discussion ensued.
City Attorney Carvalho, noted for the record that City has prepared a response
letter that addresses issues raised; lead agencies are free to take actions even
after lawsuit is filed unless injunction is filed.
Councilmember Amezcua, noted that she wished the Old Orchard Conservancy
had lined up the money to purchase the land; fair to move forward; City has
approved the EIR and Findings City; reaffirming original findings.
Councilmember Martinez, reconsider vote from the previous City Council
meeting to approve staff recommendation.
MOTION: Adopt a resolution.
RESOLUTION NO. 2014 -060 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA ADOPTING FINDINGS PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT; CERTIFYING FINAL
ENVIRONMENTAL IMPACT REPORT NO. 2011 -01 (SCH# 2008041172);
ADOPTING 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, ,
Tinajero (6)
NOES: None (0)
ABSTAIN: Sarmiento (1)
ABSENT: None (0)
CITY COUNCIL MINUTES 10A9A- w SEPTEMBER 16, 2014
75B. PUBLIC HEARING - ENVIRONMENTAL IMPACT REPORT NO. 2014 -01,
GENERAL PLAN AMENDMENT NO. 2014 -02, ZONING ORDINANCE
AMENDMENT NO. 2014 -01 AND AMENDMENT APPLICATION NO. 2014 -02
FOR THE HARBOR MIXED USE TRANSIT CORRIDOR SPECIFIC PLAN
{Strategic Plan No. 3, 2; 5, 3 and 4) - Planning and Building Agency
Planning Commission approved MOTION on August 25, 2014 by a vote of 7 -0.
Legal Notice published in the Orange County Reporter on September 5, 2014;
the Nguoi Viet on September 10, 2014; and the La Opinion on September 11,
2014. Notices were mailed out September 5, 2014.
Interim Director of Planning and Building Agency, Karen Haluza presented the
staff report.
Project Introduction
• 2 -miles of Harbor Boulevard
• Westminster /17th Street to just north of Edinger Avenue
• Many people use the corridor by car, bus, bike, and on foot
Context
• Neighborhoods
• Riverview West Santa Anita
• School District
• Garden Grove Unified
• Access
• 22 Freeway
• Santa Ana River
• Public Facilities
• Local parks and schools
• 2 regional parks
Harbor Corridor
■ 50- 60,000 vehicles per day, but more than just a road for cars and trucks
• Homes, shops, businesses, schools, churches, and parks
• Bikes and pedestrians, individuals and families
■ Regional and local transit improvements
Corridor History
• 1994 creation of North Harbor Specific Plan
• 87% of land developed
• Less than I% agricultural
• About equal parts residential, open space, and non - residential
• Five focus areas
CITY COUNCIL MINUTES 10A25n� SEPTEMBER 16, 2014
Why Examine Harbor Blvd Now?
• Planning for Southern California region
• City and State
Housing Goals
• Enhanced Bus Service
• Complement Santa Ana Transit Vision
TODAY: A place for cars. VISION: A place for People.
Community Engagement
• 4 years
• 20+ meetings /workshops /community events
• 3,000+ mailing list
• Multi- lingual approach
What we heard from the community
• 4 years: open house /fair, workshops, neigh. mtgs.
• Residents, community orgs., property /business owners, developers
■ Safety
• Crime issues
■ Pedestrians: lighting, crossing, sidewalk
• Bikes: sidewalk or path
• Uses
• Nice restaurants, cafes
• More open space; community gardens /rooftop
• Day care
• Mix of housing (intensity /affordability)
• Museums /hotels
• Aesthetics
• Trees along sidewalks; more landscaping
• Improve business frontages
• More walkable
• Transportation
• Improve bus service
• Major roadway for cars
• Intensity
• Okay with urban style development
• Transitions to surrounding homes
• Transit - oriented preferred
What we heard I El comment letters
■ 3 Cities
• Fountain Valley
CITY COUNCIL MINUTES 10A26,,6 SEPTEMBER 16, 2014
• Garden Grove
• Costa Mesa
• 6 Agencies
• Caltrans
■ OC Sanitation District
• Santa Ana Unified School District
■ OC Public Works
■ Southern California Edison
• State OPR
• 2 Organizations
■ The Kennedy Commission
• Native American Heritage
■ Questions on traffic modeling
• Requests for wastewater modeling
• Support for transit - oriented housing options
Specific Plan
• Vision and Summary
• Context
• Land Use Plan & Development Standards
• Mobility Plan
• Infrastructure
• Design Guidelines
• Admin & Implementation
Vision: A Place for People
GUIDING PRINCIPLES
1. Expanded development opportunities that respond to transit investments
2. A variety of safe and efficient travel choices
3. Economic vitality and new opportunities for businesses and residents
4. A sense of place
5. Community health and wellness
Land Use Plan
• Transit Node
• 125 acres
• Corridor
• 108 acres
• Neighborhood Transitional
• 15 acres
• Open Space
• 4 acres
CITY COUNCIL MINUTES 10A2727 SEPTEMBER 16, 2014
• Expand with new development
Development Standards
• Building Type & Form
• House
• 2/3/4 -plex
• Building Type & Form
• Bungalow Court
• Live -Work
• Building Type & Form
• Rowhouse
• Tuck -Under
• Building Type & Form
o Courtyard Housing
• Building Type & Form
o Flex Block
• Building Type & Form
o Stacked Dwellings
• Building Type & Form
o Lined Block
• Frontage Types & Floor Heights
o Frontyard /Porch
• Stoop
• Forecourt
• Shop Front
• Gallery
• Arcade
o 15t Floor Height
• 10' NT
•
12'C
• 15' TN
• Parking
Table 3 -7. Off - Street Parking Standards
NT
Residential - occupant 1.0 / unit 1.5 / unit 2.0 / unit
Residential - guest j 0.50 /unit 0.25 /unit 0.25 /unit
Live- Work/Shopkeeper - 1.0 / unit 1 1.0 / unit 2.0 /unit
occupant
Live- Work/Shopkeeper 0.50 / unit 0.50 / unit 0.251 unit
- guest
Nonresidential 1 / 400 sq ft
CITY COUNCIL MINUTES 10 2828 SEPTEMBER 16, 2014
Open Space
On -site open space I Common 15% of lot
Private: 50 — 90 SF 1,200 SF for a House
Open Space
• Right -of -way
• Critical piece of the public realm
• Most visible part of corridor
• Safe, attractive, functional
Mobility I Transportation Context
Figure 46. Fixed Guideway Project Route Options
Local Transportation Investments
• New roadway designs and bicycle facilities
- Intersection safety
- Reduced speed
- Connections north /south and east /west
VISION: A place for People.
• Buffered Bike Lanes
• Protected Bike Lanes
• Cycle Track
• One -way Bike Path w /inline stop
• One -way Bike Path with pullout
EIR Results
• EIR Released on April 18, 2014 for 45 -day review period
CITY COUNCIL MINUTES 102929 SEPTEMBER 16, 2014
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• New roadway designs and bicycle facilities
- Intersection safety
- Reduced speed
- Connections north /south and east /west
VISION: A place for People.
• Buffered Bike Lanes
• Protected Bike Lanes
• Cycle Track
• One -way Bike Path w /inline stop
• One -way Bike Path with pullout
EIR Results
• EIR Released on April 18, 2014 for 45 -day review period
CITY COUNCIL MINUTES 102929 SEPTEMBER 16, 2014
• Planning Commission public hearing held on May 12, 2014 to take
comments
• City received 11 comment letters
• Impacts mitigated to less than significant levels
• Cultural Resources
• Hazards and Hazardous Materials
• Hydrology and Water Quality
• Noise
• Traffic
• Significant and unavoidable impacts
o Air Quality
• Short-term construction
• Location within SCAQMD non - attainment area
Retention of Existing Zoning
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CITY COUNCIL MINUTES 10 30 SEPTEMBER 16, 2014
Recommended for approval by the Planning Commission August 25, 2014.
• Certify the Final EIR 2014 -01 and approve:
• Mitigation Monitoring and Reporting Program
• Findings of Fact
• Statement of Overriding Considerations
• Approve General Plan Amendment No. 2014 -01
• Adopt Zoning Ordinance Amendment No. 2014 -01
• Adopt Amendment Application No. 2014 -01
Council discussion ensued.
• Councilmember Benavides, asked series of questions regarding
improvements.
• Councilmember Martinez, asked about mixed use and acreage of housing
available; clarified TOD (Transit Oriented Development); offer retail
component; add hotel or other entertainment and what kind of uses could be
added; also, asked if Council could approve higher height building.
• Interim Director Haluza, noted that individual request coming to council.
Mayor Pulido opened and closed the Public Hearing. The following speakers
address the City Council on the matter:
CITY COUNCIL MINUTES 103111 SEPTEMBER 16, 2014
• Susan Emery, representing the City of Garden Grove, request City Council
retain their ability to have discussion on theme park at site in the future.
• Doug Brown, interested in having the Rocco Salvage property included to
improve the area.
• Gil Sanchez, resident of Santa Anita neighborhood, concerned that map
does not have street names included to know what neighborhood impacted;
if property raised what kind of compensation; notice if any take - aways.
• Richard Kelter, representing Riverview West Shopping Center, support plan
to revise Harbor Blvd.
Mayor Pulido closed the Public Hearing.
Interim Director Haluza, would not acquire any property or street widening
project, just a rezoning project.
Council discussion ensued.
Mayor Pulido, concerned that flexibility allowed; too much flexibility may have
unintended consequences.
Interim Director Haluza, noticed that walkable life is goal; mixed use; estimated
housing could be several thousand housing units.
Mayor Pulido, supports taller units and retail; how to approve Plan with cap to
protect opportunity for other development including hotel and street car along
Harbor; also requested that staff follow up with the individual whose mother lives
in the area to provide further details and answer questions.
Councilmember Amezcua, need safeguards to limit housing.
Interim Director Haluza, cannot strip; strategic is to have Economic
Development component and create a framework.
Mayor Pro Tern Tinajero, do we have authority to deny (discretionary or vested
right); concern that developers not looking at best interest of the City.
Interim Director Haluza, require a CUP for multi - residential units to require then
to go to PC and Council.
Councilmember Sarmiento, Willowick carved out and for record reflect that no
down zoning and remain status quo; opined that staff has inverted zones
permitting housing from earlier discussion with City Council; need to increase
sales tax and need to develop area.
CITY COUNCIL MINUTES 10A 323n SEPTEMBER 16, 2014
Mayor Pro Tern Tinajero, agree with Councilmember Sarmiento; SCAG need
decision by end of October; motion to continue to next meeting and seconded
by Councilmember Amezcua.
Councilmember Reyna, thank staff for community outreach; believe that CUP
will allow for flexibility.
Interim Director Haluza, affordable housing at 15% of units required and
extensive community outreach conducted.
Councilmember Benavides, thanked staff for community involvement; potential
is great with walkability; area underutilized; promising plan with opportunity for
variety of uses; what can council do to address some of the concerns raised that
will allow intensity and take action and not delay and pending projects; what is
the process for amending Plan; supports bike buffers; requested a written
response be provided to the City of Garden Grove confirming the statements
made by staff regarding the Willowick Golf Course property.
Interim Director Haluza, addition of CUP and include goal and emphasize on
what type of use could be /permitted; could happen for next meeting; plan could
be open at any time; noted that Doug Brown request would actually restrict area
rather than maintain commercial designation.
Councilmember Martinez, create policy statement that will not accept E-IR
Report on nodes; impetus to consider Economic Development Plan and tie to
the Plan; sustainable communities incorporated; friendly amendment proposed
to remove on- street parking (request tabled).
Councilmember Benavides, include provision of CUP requirement; concerned
that eliminating on- street parking would increase traffic.
Interim Director Haluza, clarified where the 6 -8 level building allowed.
MOTION: Continue consideration of matter for two weeks, to the October
7, 2014 City Council Meeting,
MOTION: Tinajero SECOND: Amezcua
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
CITY COUNCIL MINUTES 10A3333 SEPTEMBER 16, 2014
COMMENTS
90A. CITY MANAGER'S COMMENTS
• Reported that City has hired an Active Transportation Coordinator; and
• CitX will host Downtown Complete Streets Meeting on September 25 and
26� .
90B. CITY COUNCILMEMBER COMMENTS
Councilmember Martinez:
• Concerned with spraying; important to communication with City Council prior
to resident notices going out;
• Concerned with reduction of crossing guards; City Council needs to be
apprised before changes made;
• Asked staff to provide options and evaluate possible moratorium on City's
SB2 Ordinance;
• Requested a copy of the existing Code of Conduct and asked that the Ethics
Council Committee develop recommendations for revisions to be approved
by the full Council;
• Attended the League of California Cities Conference, September 3 -5, 2014
where they considered water conservation in Northern California and
medical marijuana issues; and
• Attended Pro Walk, Pro Bike Conference in Pittsburg, September 8 -11,
2014, where they consider all modes of transportation.
Councilmember Sarmiento:
• Spoke on homeless shelter; County Board of Supervisor considered earlier
today; requested staff to assist the County and the Board of Supervisors
locate an alternative site for the homeless shelter currently being proposed
on Normandy;
• Requested a review of the Code of Conduct and additional ways to approach
meeting decorum;
• Attended Legislative Advocacy meeting in Washington DC in August; and
• Congratulated all on Mexican Independence Day.
Mayor Pro Tern Tinajero:
Asked all to respect police officers; extend apology for not following
decorum; and
CITY COUNCIL MINUTES 10A 343w SEPTEMBER 16, 2014
• Reported that Planning Commission recently had vote to re -affirm that all
follow the disclosure rules; matter scheduled for consideration by the Code
of Conduct and Ethics Committee.
Councilmember Amezcua:
• Wished all happy Mexican Independence Day;
• Thanked staff for another successful Fiestas Patrias; and
• Children back to school and wished all a happy school year.
Councilmember Reyna:
• Asked all to conserve water;
• Participated in parade and walk; thanked all participants;
• Attended football game with Godinez losing, but it was a fun event;
• Important for staff to improve communication with elected officials;
• Requested a comparison of the City's business license fees with other cities;
and
• Urged all to shop in Santa Ana.
Councilmember Benavides:
• Fiestas Patrias held over the weekend; success event and thanked staff and
attendees;
• Echoed comments by colleagues on decorum issues at prior council
meeting; how to handle in the future and need clear instructions on how to
handle;
• Attended Legislative Advocacy meeting in Washington DC last month;
• Asked for clarification on disclosure requirement of Planning Commissioners,
verbal disclosures provided by appointee;
o City Attorney Carvalho, indicated that disclosure is separate from
sunshine ordinance and requires them to disclose communication; Code
of Ethics Council Committee to consider the matter and bring back to City
Council for approval.
• Request City Council consider resolution in support of on Samuel Sixtos at
the next City Council meeting — agendize as an 85A at next City Council
meeting;
• Spoke on proposed homeless shelter site; comprehensive solution needed;
and
• Challenge accepted to visit Compton initiative; 9/21 several churches serving
eastside neighborhood — La Santa Ana Initiative; murals and drought
resistant items and house painting taking place.
Mayor Pulido:
CITY COUNCIL MINUTES 103535 SEPTEMBER 16, 2014
• Met with Executive Director of Vector Control and reported that spraying
postponed indefinitely; have come up with alternative solutions and methods
including neutering and adding fish pools to combat
Councilmember Martinez:
• Request presentation by Orange County Vector Control on West Nile is
provided at next City Council meeting.
*Mayor Pro Tern left the meeting at 10:37 p.m. and did not return.
* Councilmember Amezcua left the meeting at 10:42 p.m. and did not return.
ADJOURNED- 10:59 p.m. - The next meeting of the City Council is scheduled for
Tuesday, October 7, 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
• Solar Permit Fee Waiver
• Proactive Rental Enforcement Program Renewal
CITY COUNCIL MINUTES 10A3636 SEPTEMBER 16, 2014