HomeMy WebLinkAbout2011-03-21 RegularMINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
MARCH 21, 2011
CLOSED SESSION MEETING
CALLED TO ORDER POLICE CHIEF'S CONFERENCE ROOM
60 CIVIC CENTER PLAZA, 4TH FLOOR
SANTA ANA, CA
5:20 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL PULIDO, Mayor
CLAUDIA ALVAREZ, Mayor Pro Tern
P. DAVID BENAVIDES
CARLOS BUSTAMANTE
MICHELE MARTINEZ
VINCENT F. SARMIENTO
SAL TINAJERO
COUNCILMEMBERS Absent:
None
STAFF Present:
DAVID N. REAM, City Manager
JOSEPH STRAKA, Interim City Attorney
MARIA D. HUIZAR, Clerk of the Council
PUBLIC COMMENTS - None
CLOSED SESSION ITEMS
City Council Items
1A CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION pursuant
to Government Code Section 54956.9(a)
Susan Hansen v. City of Santa Ana, Orange County Superior Court, Case
No. 30-2010-00359299
Juan Manual Rivera v. City of Santa Ana, United States District Court
Case No. SACV09-1322 DOC (RNBx)
Friends of the Lacy Historic Neighborhood (II) v City of Santa Ana, et al.
CITY COUNCIL MINUTES 1 MARCH 21, 2011
Orange County Superior Court Case No. 30-2010-00388033
1 B LIABILITY CLAIMS pursuant to Government Code Section 54956.95
Claimants: Jose Luis Delgadillo Claim No. 2010-134
Susan Maddison Claim No. 2010-135
1C CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6
Agency Negotiators: Personnel Services Executive Director, Kathie
Gonzalez
Employee Organizations: Santa Ana Police Officer's Association
Santa Ana Service Employees International
Union (SEIU) Part-time Civil Service
1 D PUBLIC EMPLOYEE EMPLOYMENT AND APPOINTMENT pursuant to
Government Code Section 54957(b)(1)
Title: City Attorney; and City Manager
Community Redevelopment Agency Items
2A CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to
Government Code Section 54956.8.
Property: +2.7 acres of Agency-owned land on the south side of
Garden Grove Blvd immediately west of the Santa Ana
River-1600 Memory Lane, Santa Ana.
Agency negotiator: Nancy Edwards, Interim Agency Executive Director
Party negotiating: VISTA DEL RIO HOUSING PARTNERS, L.P., a
California limited partnership
Under negotiation: Price and Terms of Payment of Sale of Property
CLOSED SESSION REPORT
The City Attorney will report on any action(s) to be taken at the Regular Meeting
which will begin immediately following the Closed Session Meeting.
ADJOURNED THE CLOSED SESSION MEETING AT 6:30 P.M. AND CONVENED TO
THE REGULAR OPEN MEETING
CITY COUNCIL MINUTES 2 MARCH 21, 2011
REGULAR OPEN SESSION
CALLED TO ORDER POLICE COMMUNITY ROOM
60 CIVIC CENTER PLAZA
SANTA ANA, CA
6:34 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL PULIDO, Mayor
CLAUDIA ALVAREZ, Mayor Pro Tern
P. DAVID BENAVIDES
CARLOS BUSTAMANTE
MICHELE MARTINEZ
VINCENT F. SARMIENTO
SAL TINAJERO
COUNCILMEMBERS Absent:
None
STAFF Present:
DAVID N. REAM, City Manager
JOSEPH STRAKA, Interim City Attorney
MARIA D. HUIZAR, Clerk of the Council
PLEDGE OF ALLEGIANCE MAYOR PULIDO
CLOSED SESSION REPORT See item 19A for Report.
PUBLIC COMMENTS
• Gina Villarraga, representing Human Options and Human Options Emergency
Shelter, thanked Council for continued support and commented on the
organization's outreach efforts regarding domestic abuse and shelter services.
• George Collins, discussed the State's insecticide spraying program; urged residents
to be aware when spraying organic trees.
o Mayor Pulido requested a written synopsis including effect on aquifer.
• David Dobos, extended invitation for all to participate in upcoming Santa Ana Relay
for Life event at Santa Ana College on May 14-15 at 12 noon.
• Connie Hamilton, encouraged all to participate in Santa Ana Relay for Life; thanked
Mayor Pro Tern Alvarez for attending Kick-Off meeting; announced that Connect to
Council will be holding 3rd resource event on June 1St for Ward 2 Councilmember
and neighborhood leaders.
CITY COUNCIL MINUTES 3 MARCH 21, 2011
CONSENT CALENDAR
MOTION: Approve Consent Calendar Items 10A through 31A with the
following modifications:
• Mayor Pro Tern Alvarez voted "No" on Item 19C; and
• Councilmember Bustamante pulled Item 25F and be considered after the
Work Study Session.
MOTION: Sarmiento SECOND: Alvarez
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
Items removed for separate action or modified are highlighted. Separate actions show
the actual vote. Items without votes are adopted as part of the consent motion.
ADMINISTRATIVE MATTERS
MINUTES
10A REGULAR MEETING MINUTES OF MARCH 7, 2011 - Clerk of the
Council Office
MOTION: Approve Minutes.
10B SPECIAL MEETING MINUTES OF MARCH 10, 2011 - 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 ZONING ORDINANCE AMENDMENT NO. 2010-03 TO REQUEST AN
AMENDMENT TO CHAPTER 41 OF THE SANTA ANA MUNICIPAL
CITY COUNCIL MINUTES 4 MARCH 21, 2011
CODE (SAMC) IN ORDER TO ESTABLISH A PROCESS WHEREBY
PERSONS WITH DISABILITIES MAY REQUEST DEVIATIONS FROM
THE CITY'S DEVELOPMENT STANDARDS IN ORDER TO ENSURE
THAT THEY MAY HAVE EQUAL OPPORTUNITY TO USE AND ENJOY
A DWELLING - Planning and Building Agency
Placed on first reading at the February 7, 2011 City Council meeting and
approved by a vote of 7-0.
Published in the Orange County Reporter on February 11, 2011.
Continued from the February 22, 2011 City Council meeting by a vote of
7-0.
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NO. NS-2813 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE
SANTA ANA MUNICIPAL CODE ADDING A PROCEDURE FOR
PEOPLE WITH DISABILITIES TO REQUEST REASONABLE
ACCOMMODATIONS TO ENSURE EQUAL ACCESS TO HOUSING
MISCELLANEOUS ADMINISTRATION
19A CLOSED SESSION REPORT - City Attorney's Office
MOTION: Approve settlement agreements as follow:
Claimant: Jose Luis Delgadillo, Claim No. 2010-134 in the amount of
$27,500.
Claimant: Susan Maddison, Claim No. 2010-135 in the amount of
$18,000.
19B EXCUSED ABSENCES - None
19C DESTRUCTION OF OBSOLETE CITY RECORDS (Personnel Services
Agency and Police Department) - Clerk of the Council Office
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 2006-045.
*Mayor Pro Tern Alvarez voted "No" on Item 19C.
CITY COUNCIL MINUTES 5 MARCH 21, 2011
19D CITY OF SANTA ANA GENERAL PLAN HOUSING ELEMENT ANNUAL
PROGRESS REPORT - Planning and Building Agency
MOTION: Authorize submittal of the General Plan Housing Element
Annual Progress Report to the State of California Housing and
Community Development (HCD).
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20A AGREEMENT WITH THE CALIFORNIA STATE LIBRARY AND
APPROPRIATION ADJUSTMENT FOR LIBRARY SERVICES
ENHANCEMENT - Parks, Recreation & Community Services Agency
MOTION:
1. Authorize the City Manager and Clerk of the Council to execute an
agreement.
AGMT NO. 2011-064 - With the California State Library in an amount
of $28,000 for a Library Services and Technology Act grant for the
Small Steps Towards Healthy Living program.
2. Approve an appropriation adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 2011-162 - Recognizing
$28,000 in revenue account and appropriating same to expenditure
account.
20B AGREEMENT WITH THE CALIFORNIA STATE LIBRARY AND
APPROPRIATION ADJUSTMENT FOR THE SKILLS TO WORK
PROGRAM - Parks, Recreation & Community Services Agency
MOTION:
1. Authorize the City Manager and Clerk of the Council to execute an
agreement.
AGMT NO. 2011-065 - With the California State Library in an amount
of $5,000 for a Library Services and Technology Act grant for the Skills
to Work: Developing your Employment Potential program.
CITY COUNCIL MINUTES 6 MARCH 21, 2011
2. Approve an appropriation adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 2011-163 - Recognizing
$5,000 from the California State Library in the revenue account and
appropriating same to expenditure account.
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
MOTION: Award in accordance with Request for Council Action.
(Items 22A and 2213)
22A SPEC. NO. 11-006 - VMWARE SUPPORT CONTRACT - Award a
contract to En Pointe Technologies Sales, Inc. for a one-year period in an
amount not to exceed $38,100. - Finance & Management Services
22B SPEC. NO. 10-019 - TRAFFIC SIGNAL SYSTEMS UPGRADE
EQUIPMENT - Amend contracts with Safetran Traffic Systems, Inc. -
$190K; Econolite Control Products, Inc. - $480K ; GDI Communications
LLC - $108K. - Public Works Agency and Finance & Management
Services
PROJECTS/CHANGE ORDERS
23A CONTRACT AWARD FOR BRISTOL/17TH INTERSECTION WIDENING
(PROJECT NO. 116744) - Public Works Agency
MOTION:
1. Award a contract to B & T Works, Inc., the lowest responsible
bidder, in accordance with unit bid prices in the estimated
amount of $917,673.45 for construction of the Bristol/17th Streets
intersection widening.
2. Approve a funding analysis with a total estimated construction
cost of $1,422,300.
23B CONTRACT AWARD FOR SANTA CLARA AVENUE SEWER AND
WATER MAIN IMPROVEMENTS (PROJECT NO.106600 and 116409) -
Public Works Agency
CITY COUNCIL MINUTES 7 MARCH 21, 2011
MOTION:
1. Award a contract to Garcia Juarez Construction, the lowest
responsible bidder, in accordance with unit bid prices in the
estimated amount of $1,196,325 for construction of Santa Clara
Avenue sewer and water main improvements.
2. Approve a funding analysis with a total estimated construction
cost of $1,495,400.
23C CONTRACT AWARD FOR CITYWIDE RESIDENTIAL STREET REPAIR
- PHASE 15 (PROJECT NO. 117509) - Public Works Agency
MOTION:
1. Award a contract to All American Asphalt, the lowest responsible
bidder, in accordance with unit bid prices in the estimated
amount of $1,051,295 for construction of Citywide Residential
Street Repair - Phase 15.
2. Approve a funding analysis with a total estimated construction
cost of $1,682,000.
23D CONTRACT AWARD FOR BRISTOL/WARNER INTERSECTION
WIDENING (PROJECT NOS. 091752 AND 116407) - Public Works
Agency
MOTION:
1. Award a contract to Hillcrest Contracting, the lowest responsible
bidder, in accordance with unit bid prices in the estimated
amount of $1,215,538.25 for construction of Bristol/Warner
intersection widening.
2. Approve a Funding Analysis with a total estimated construction
cost of $1,519,400.
23E CONTRACT AWARD FOR THE FIRST STREET BRIDGE
REPLACEMENT OVER THE SANTA ANA RIVER (PROJECT NO.
061723) - Public Works Agency
MOTION:
1. Award a contract to Powell Constructors, Inc., the lowest
responsible bidder, in accordance with unit bid prices in the
estimated amount of $6,010,329 for construction of the First
CITY COUNCIL MINUTES 8 MARCH 21, 2011
Street bridge replacement over the Santa Ana River effective
Monday, March 28, 2011, subject to compliance with all City rules
and regulations.
2. Approve a funding analysis with a total estimated construction
cost of $8,113,900.
AGREEMENTS
MOTION: Authorize the City Manager and Clerk of the Council to
execute the following agreements, subject to non-substantive
changes approved by the City Manager and City Attorney and/or
actions as noted on the Request for Council Action report. (Item 25A
through 25E and 25G through 251)
25A AGMT NO. 2011-066 - EXPANSION TO POLICE DIGITAL IMAGING
MANAGEMENT SYSTEM - Execute an amendment with Linear Systems
in an amount not to exceed $31,240.56 - Police Department
25B AGMT NO. 2011-067 - ALTON AVENUE OVERPASS - Execute an
amendment to the 1992 agreement for implementing the Roadway &
Interchange Mitigation Program with the City of Irvine for the Irvine
Business Center (IBC) development - Public Works Agency
25C RIGHT-OF-WAY APPRAISAL SERVICES FOR CAPITAL
IMPROVEMENT PROJECTS (CIP) - Public Works Agency
• AGMT NO. 2011-068 - With Kiley & Company for real property
appraisal services in an amount of $150,000.
• AGMT NO. 2011-069 AND NO. 2011-070 -With Desmond Marcello &
Amster LLC and Donna Desmond Associates for furniture, fixtures, and
equipment, and business goodwill appraisal services for an aggregate
amount not to exceed $300,000.
25D AGMT NO. 2011-071 - BRISTOL STREET CORRIDOR (PROJECT NO.
081700) - With Gretchen Investments LP for the purchase of property
located at 515 North Bristol in an amount of $250,000 - Public Works
Agency
25E AGMT NO. 2011-072 - CONSTRUCTION MANAGEMENT SERVICES
FOR FIRST STREET BRIDGE REPLACEMENT OVER THE SANTA ANA
CITY COUNCIL MINUTES 9 MARCH 21, 2011
RIVER (061723) - With Hill International, Inc. in an amount not to exceed
$967,500 - Public Works Agency
25F ITEM CONSIDERED OUT OF ORDER (AFTER WORK STUDY SESSION
ITEM)
25G AGMT NO. 2011-074 - LIGHTING AND MAINTENANCE OF ARTIST
VILLAGE TREES - Execute an amendment with Dekra-Lite in an amount
of $22,000 for a total amount not-to-exceed $47,000 - Community
Development Agency
25H AGMT NO. 2011-075 - JOB TRAINING AT THE SANTA ANA WORK
CENTER - Execute an amendment with Hispanic Business Consultants in
an amount of $25,000 for a total amount not-to-exceed $142,675 -
Community Development Agency
251 ALLOCATION OF FY 2011-2012 EMERGENCY SHELTER GRANT
FUNDS - Community Development Agency
MOTION:
1. Approve the proposed FY 2011-2012 Emergency Shelter Grant
Program.
2. Reallocate $578.95 in prior year Emergency Shelter Grant funds
as recommended.
3. AGMT NO. 2011-076 - Authorize the City Manager to submit the
approved program to the U. S. Department of Housing and Urban
Development (HUD) for the City's fiscal year 2011-2012 allocation
of Emergency Shelter Grant funds and execute the grant
agreement with HUD.
4. Direct the City Attorney to prepare and authorize the City Manager
and the Clerk of the Council to execute agreements with non-
profit agencies and/or sub-recipients awarded funds as part of the
approved program, subject to non-substantive changes approved
by the City Manager and City Attorney.
• AGMT NO. 2011-077 - With Dayle McIntosh Center in an amount of
$7,000.
• AGMT NO. 2011-078 With Human Options in an amount of
$15,000.
CITY COUNCIL MINUTES 10 MARCH 21, 2011
• AGMT NO. 2011-079 - With Interval House in an amount of
$24,000.
• AGMT NO. 2011-080 - With Laura's House in an amount of $10,000
• AGMT NO. 2011-081 - With Legal Aid in an amount of $10,000
• AGMT NO. 2011-082 - With Mercy House-Emergency Shelter in an
amount of $34,000
• AGMT NO. 2011-083 - With Mercy House-Transitional Shelters in
an amount of $28,000
• AGMT NO. 2011-084 - With Orange County Mental Health
Association in an amount of $22,000
• AGMT NO. 2011-085 - With SMEDA in an amount of $22,000
• AGMT NO. 2011-086 - With Thomas House in an amount of
$15,000
• AGMT NO. 2011-087 - With Veterans First in an amount of $25,000
• AGMT NO. 2011-088 - With Villa Center in an amount of $10,000
• AGMT NO. 2011-089 - With Wise Place in an amount of $26,000
• AGMT NO. 2011-090 - With WTLC in an amount of $37,000
MISCELLANEOUS - BUDGET
29A DONATION OF TWO 17-PASSENGER VANS TO ORANGE COUNTY
HIGH SCHOOL OF THE ARTS - Parks, Recreation & Community
Services Agency
MOTION: Authorize the Finance and Management Services Agency
to donate two surplus 17-passenger vans to the Orange County High
School of the Arts to support physical education and healthy lifestyle
programming.
LAND USE MATTERS
CONDITIONAL USE PERM ITIVARIANCES
31A VARIANCE NO. 2011-01 TO ALLOW A REDUCTION IN LANDSCAPED
SETBACKS FOR A NEW MEDICAL OFFICE BUILDING AVENUE
LOCATED IN COMMUNITY COMMERCIAL (Cl) ZONING DISTRICT -
1901 NORTH TUSTIN - Planning and Building Agency
Applicant: Raymond Schofield of Miller Architects, representing Paragold
LP
Recommended action approved by the Planning Commission on February
28, 2011, by a vote of 7-0.
CITY COUNCIL MINUTES 11 MARCH 21, 2011
MOTION: Receive and file the staff report approving Variance No.
2011-01 as conditioned.
RESOLUTIONS
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
55A RESOLUTION ADOPTING CITY OF SANTA ANA BIKEWAYS
STRATEGIC PLAN - Public Works Agency
MOTION: Adopt a resolution.
RESOLUTION NO. 2011-014 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA ADOPTING THE BIKEWAY STRATEGIC
PLAN PURSUANT TO THE BICYCLE TRANSPORTATION ACCOUNT
MOTION: Martinez
VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Alvarez
Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
None (0)
None (0)
None (0)
55B RESOLUTION AND AUTHORIZATION TO SUBMIT COMMUNITY-
BASED TRANSPORTATION PLANNING PROJECT APPLICATION -
Public Works Agency
MOTION: Adopt a resolution.
RESOLUTION NO. 2011-015 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR
PROJECT FUNDING UNDER THE COMMUNITY BASED
TRANSPORTATION PLANNING PROGRAM
MOTION: Martinez SECOND: Alvarez
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
CITY COUNCIL MINUTES 12 MARCH 21, 2011
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
55C RESOLUTION - OPPOSITION TO ELIMINATING REDEVELOPMENT
AGENCIES - City Manager's Office
MOTION: Adopt a resolution.
MOTION: Benavides SECOND: Sarmiento
Mayor Pro Tern Alvarez noted that City opposing the elimination of
Redevelopment Agencies as well as Enterprise Zones. Council concurred
that opposition to both should be included in resolution.
AMENDED MOTION: Amend resolution to include opposition to
Enterprise Zones.
RESOLUTION NO. 2011-016 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA OPPOSING GOVERNOR BROWN'S
PROPOSAL TO ELIMINATE COMMUNITY REDEVELOPMENT
AGENCIES AND ENTERPRISE ZONES AND AUTHORIZING THE
CONTRIBUTION OF FUNDING FOR LEGAL OPPOSITION TO SAID
PROPOSAL
MOTION: Benavides
VOTE: AYES:
SECOND: Sarmiento
Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
PUBLIC HEARINGS
75A PUBLIC HEARING - ORDINANCE AMENDING THE SANTA ANA
MUNICIPAL CODE REGULATING TELECOMMUNICATIONS
FACILITIES IN THE PUBLIC RIGHT-OF-WAY - Public Works Agency
CITY COUNCIL MINUTES 13 MARCH 21, 2011
Legal Notice published in the O.C. Reporter on March 11, 2011 and March
18, 2011.
Staff report presentation by Raul Godinez II, Executive Director of Public
Works Agency
Current Wireless Coverage Limitations
• Chapter 41 of SAMC Currently Regulates Placement of Wireless
Telecommunications Facilities on Private Property
• Allows wireless telecom facilities only in non-residential properties
subject to a Conditional Use Permit
• Need for Wireless Coverage Grows
• Number and capabilities of wireless devices constantly increasing
• Prohibition in Residential Property and Increased Capacity has
Resulted in Coverage Gaps
• Wireless Telecommunication providers are focusing on public right-of-
way to supply increased coverage in residential neighborhoods
City's Right To Regulate Wireless Facilities In Public Right-Of-Way
• California Public Utilities Code - Section 7901
• Authorizes telephone service providers to construct facilities in public
right-of-way
• Agencies may exercise control as to time, place & manner
• Federal Telecommunications Act of 1996
• Local agencies shall not prohibit or have the effect of prohibiting the
provision of personal wireless services
• Shall not unreasonably discriminate among providers
• May not regulate based upon the environmental effects of radio
frequency emissions
What Is Needed?
• Regulations Specific to the Public Right-of-Way
• Provide height, design, and location regulations and preferences
• Provide sufficient notice to neighboring properties
• Require wireless provider to prove need for the facility at the proposed
location
Siting Preferences
• Adjacent to Non-Residential before Residential
• Private (Non-Residential) Property before Public Right-of-Way
• Arterials before Local Streets
Options To Mount Antenna
• Street Lights (preferred)
• Power Poles
• Other stand alone structures (if aesthetically preferable)
CITY COUNCIL MINUTES 14 MARCH 21, 2011
Height Limitation
• 35' limit in Residential Areas
• 60' limit in Non-Residential Areas
Permit Application Requirements
Coverage Gap Analysis
• Applicant must show area experiencing significant gap in wireless
coverage and increase in coverage anticipated with facility installation
Alternative Site Analysis
• Show which less intrusive sites were considered and reasons why they
were not selected
Provides for Review by Qualified Radio
• Frequency Consultant
Notification Process
• Property owners within a 300' radius
• Neighborhood associations serving properties within a 300' radius
• Posting at the proposed site
Comments
• 30 day comment period
• Applicant to work with city to consider and respond to comments
The Public Hearing opened at 7:00 p.m. There were no speakers and the
Hearing closed.
Council discussion ensued; requested that noticing be extended to 500 ft.
radius - administrative practice has been such and will continue; utility
boxes to be underground and graffiti deterrent, when feasible.
MOTION:
1. Place ordinance on first reading and authorize publication of title.
ORDINANCE NS-2816 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA ADOPTING GUIDELINES FOR
TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT OF
WAY
2. Approve the Negative Declaration for the Telecommunications
Facilities in the Public Right- of-Way Ordinance (ER-2011-1).
3. Adopt a resolution.
CITY COUNCIL MINUTES 15 MARCH 21, 2011
RESOLUTION NO. 2011-017 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA SETTING THE AMOUNT
OF PERMIT AND INSPECTION FEES FOR APPLICATIONS TO
INSTALL TELECOMMUNICATION FACILITIES IN THE PUBLIC
RIGHT OF WAY PURSUANT TO SECTION 33-237 OF THE SANTA
ANA MUNICIPAL CODE AND ADDING SAID INCREASED FEES
AND CHARGES TO THE MISCELLANEOUS FEE SCHEDULE
MOTION: Tinajero SECOND: Sarmiento
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
75B PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 2011-01 TO
CIRCULATION ELEMENT BIKEWAY MASTER PLAN TO INCLUDE A
CLASS II (ON ROAD) BIKE LANE ON MEMORY LANE BETWEEN
BRISTOL STREET AND FLOWER STREET, AND FLOWER STREET
BETWEEN MEMORY LANE AND SHARON ROAD; AND A CLASS I (OFF
ROAD) BIKE PATH ON BEAR STREET BETWEEN SEGERSTROM
AVENUE AND MACARTHUR BOULEVARD - FILED BY THE CITY OF
SANTA ANA - Planning and Building Agency
Recommended Action approved by the Planning Commission on February
28, 2011 by a 7-0 vote.
Legal Notice published in the O.C. Reporter and notices mailed on March
11, 2011.
Staff report presentation by Jay Trevino, Executive Director of Planning
and Building and Gerardo Mouet, Executive Director of Parks, Recreation,
and Community Services
• General Plan Amendment to the Circulation Element Bikeway Master
Plan No. 2011-01
• Request by City: Amend the General Plan Circulation Element to make
minor revisions to the Bikeway Master Plan
Bikeway Master Plan:
• Adopted by City Council in 1998
• November 2009 the SA bikeway Master Plan was included in the
OCTA Commuter Bikeway Strategic Plan
CITY COUNCIL MINUTES 16 MARCH 21, 2011
• Identifies over 64 linear miles of on-road and off-road bikeways
• Reduce roadway congestion, promote health, and improve air quality
• Opportunity to seek grant funding
• Per City Bikeway Master Plan of 1998
• Class I plans for 18 miles - 13 miles exist
• Class 11 plans for 46 miles - 3 miles exist
Bikeway Master Plan Amendment
ADD:
• Class II - Memory Lane & portion of Flower Street (0.61 miles)
• Bristol to Flower to Fisher Park
• Class I - Bear Street (0.49 miles)
• Segerstrom to MacArthur
REMOVE:
• Class I - Flood Channel
The Public Hearing opened at 7:20 p.m. The following spoke in support of
the item: Eric Scandrett, Dave Hoen, and Shirley Grindle.
*Councilmember Bustamante noted that he had a Conflict of Interest due
to the proximity of the project to his residence and abstained. He did not
participate in the discussion of this item.
MOTION: Adopt a resolution.
RESOLUTION NO. 2011-018 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO THE
SANTA ANA GENERAL PLAN CIRCULATION ELEMENT BIKEWAY
MASTER PLAN (GPA NO. 2011-01)
MOTION: Martinez SECOND: Alvarez
VOTE: AYES: Alvarez, Benavides, Martinez, Pulido,
Sarmiento, Tinajero (6)
NOES: None (0)
ABSTAIN: *Bustamante (1)
ABSENT: None (0)
THE CITY COUNCIL RECESSED AT 7:30 P.M. FOR A JOINT SESSION OF THE
CITY COUNCIL AND THE COMMUNITY REDEVELOPMENT AGENCY
CITY COUNCIL MINUTES 17 MARCH 21, 2011
80A JOINT PUBLIC HEARING - RESOLUTIONS AND DISPOSITION AND
DEVELOPMENT AGREEMENT WITH HABITAT FOR HUMANITY, INC. -
Community Redevelopment Agency
Recommended Action approved by the Community Redevelopment and
Housing Commission on February 15, 2011 by a 5-0 vote (Bist absent).
Legal Notice published in the O.C. Reporter on March 7, 2011 and March
14, 2011.
The Public Hearing opened at 7:30 p.m. There were no speakers and the
Hearing closed.
CITY COUNCIL ACTION
MOTION: Adopt a resolution.
RESOLUTION NO. 2011-019 - A RESOLUTION OF THE CITY COUNCIL
OF SANTA ANA MAKING CERTAIN FINDINGS WITH RESPECT TO
THE CONSIDERATION TO BE RECEIVED BY THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA
PURSUANT TO A DISPOSITION AND DEVELOPMENT AGREEMENT
BETWEEN THE AGENCY AND HABITAT FOR HUMANITY OF ORANGE
COUNTY, INC. FOR THE SALE OF CERTAIN REAL PROPERTY, AND
APPROVING THE SALE OF SAID REAL PROPERTY UPON THE
TERMS AND CONDITIONS CONTAINED IN THAT AGREEMENT
COMMUNITY REDEVELOPMENT ACTION
MOTION: Adopt a resolution.
CRA RESOLUTION NO. 2011-003 - A RESOLUTION OF THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA
ANA APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT
BETWEEN THE AGENCY AND HABITAT FOR HUMANITY OF ORANGE
COUNTY, INC.
MOTION: Martinez SECOND: Bustamante
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
CITY COUNCIL MINUTES 18 MARCH 21, 2011
80B JOINT PUBLIC HEARING - RESOLUTION AND THIRD AMENDMENT
TO THE DISPOSITION AND DEVELOPMENT AGREEMENT WITH
VISTA DEL RIO HOUSING PARTNERS, L.P. - VISTA DEL RIO; 1600 W.
MEMORY LANE - Community Redevelopment Agency
Recommended Action approved by the Community Redevelopment and
Housing Commission on March 15, 2011 by a 6-0 vote.
Legal Notice published in the O.C. Reporter on March 7, 2011 and March
14, 2011.
Staff report presentation by Nancy Edwards, Interim Executive Director of
Community Development Agency
The Public Hearing opened at 7:32 p.m. The following spoke in support of
the item: Conor Weir of AMCAL Multi-Housing, Dan Rogers of Goodwill
Industries, Nancy Quarles,and Judy Gonzalez. Frank Acosta, Will Hames,
and Jose Velasquez spoke in opposition.
Mayor Pro Tern Alvarez requested that the letter in opposition and petition
signed by residents of Concord Neighborhood Association as submitted
by Frank Acosta be included as part of the Minutes. Concerned with lack
of communication with neighborhood residents on project and impacts and
safety and vulnerability of people with disabilities.
Councilmembers Benavides, Sarmiento, Martinez, and Tinajero expressed
support for project that will provide affordable housing for people with
disabilities; noted that property site granted from the County of Orange for
affordable housing purposes, thus development meets requirement;
Project has already been approved and current request only seeks
additional funds to be competitive and obtain State grants; need for quality
projects for people with special needs; funding requested part of
Redevelopment funds that help subsidize such projects; noted that such
project would help with RHNA requirement as regulated by SCAG.
Councilmember Bustamante and Mayor Pulido concerned with additional
funding request and project site location; requested cost comparison
report on project at different locations.
Dan Rogers of Goodwill Industries apologized to residents of
neighborhood for not communicating as they should have. Conor Weir
noted that project has been underfunded; special needs projects have
needed additional funds which are imperative to success.
CITY COUNCIL ACTION
MOTION: Adopt a resolution.
CITY COUNCIL MINUTES 19 MARCH 21, 2011
RESOLUTION NO. 2011-020 - A RESOLUTION OF THE CITY COUNCIL
OF SANTA ANA MAKING CERTAIN FINDINGS WITH RESPECT TO
THE CONSIDERATION TO BE RECEIVED BY THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA
PURSUANT TO A DISPOSITION AND DEVELOPMENT AGREEMENT
BETWEEN THE AGENCY AND VISTA DEL RIO HOUSING PARTNERS,
L.P., FOR THE SALE OF CERTAIN REAL PROPERTY AND
APPROVING THE SALE OF SAID REAL PROPERTY UPON THE
TERMS AND CONDITIONS CONTAINED IN THAT AGREEMENT
COMMUNITY REDEVELOPMENT ACTION
MOTION:
1. Authorize the Executive Director of the Community
Redevelopment Agency and Agency Secretary to execute a Loan
Agreement, subject to non-substantive changes approved by the
Executive Director and Agency General Counsel.
AGMT - With Vista Del Rio Housing Partners, L.P. in the amount of
$469,000
2. Authorize the Executive Director of the Community
Redevelopment Agency and Agency Secretary to execute a Third
Amendment to the Disposition and Development Agreement,
subject to non-substantive changes approved by the Executive
Director and Agency General Counsel.
AGMT - With Vista Del Rio Housing Partners, L.P.
MOTION: Benavides
VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Sarmiento
Benavides, Martinez, Sarmiento, Tinajero (4)
Alvarez, Bustamante, Pulido (3)
None (0)
None (0)
THE CITY COUNCIL RECESSED AT 8:40 P.M. TO THE COMMUNITY
REDEVELOPMENT AGENCY MEETING, FOLLOWED BY THE HOUSING
AUTHORITY MEETING, AND RECONVENED AT 8:41 P.M. WITH SAME MEMBERS
PRESENT.
CITY COUNCIL MINUTES 20 MARCH 21, 2011
WORK STUDY SESSION
WSA BACK TO NATIVES RESTORATION PARTNERSHIP - Parks, Recreation
& Community Services Agency
PARTNERSHIP
• Partnerships have been a key strategy for effective programming of
Recreation Centers and Libraries.
• TKO -Jerome Center
• YMCA/OC Affinity -Aquatics Program
• Leisure Classes
• Adopt A -Park Projects
• Back to Natives Restoration
BTN: A VERY SPECIAL NON-PROFIT
• Dedicated to the restoration and conservation of wild lands.
• Promotes the use of native plants; habitat restoration and preservation
• Assisting the Agency's goal of maintaining high quality landscapes and
using native plants that minimize the amount of water used throughout
the year.
BTN: ADDS GREATER BENEFITS TO OUR COMMUNITY
• Community Outreach and Education Projects
• Leisure Classes
• Core Nutrition
• Outdoor Basic Mat Pilates
• Native Container Gardening Workshop
• Learning Through Natural Science Illustration
• Low Cost Leisure Classes ($5 per class)
• Native American Uses of Native Plants
• Landscaping with Native Plants
• OC Butterflies and their Host Plants
• Color Wheel of the Year
• Adopt -A -Park Projects help save general fund dollars
SANTIAGO PARK NURSERY AGREEMENT GOALS
• Transform the Santiago Park Nursery into a Native Plant Nursery
• Develop Seed Collection and Plant Propagation
• Restore by Planting of Native Plants in Nature Reserve
• Establish Methodology and Document Research Findings
• Provide Educational Opportunities
• Coordinate Volunteer and Service Learning Opportunities
Accomplishing These Goals Helps Us Save General Fund Monies
Introduced Board members in attendance.
CITY COUNCIL MINUTES 21 MARCH 21, 2011
AGENDA ITEM CONSIDERED OUT OF ORDER
25F
ESTABLISH A NATIVE PLANT NURSERY ATTHE SANTIAGO PARK
NURSERY SITE
MOTION: Authorize the City Manager and Clerk of the Council to
execute the following agreements, subject to non-substantive
changes approved by the City Manager and City Attorney and/or
actions as noted on the Request for Council Action report.
AGMT NO. 2011-073 - With Back to Natives Restoration - Parks,
Recreation & Community Services Agency
MOTION: Bustamante
VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Martinez
Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
None (0)
None (0)
None (0)
COMMENTS
90A
90B
CITY MANAGER'S COMMENTS - None
CITY COUNCILMEMBER COMMENTS
Councilmember Tinajero:
• Congratulated David Ream on his upcoming retirement; thanked him
for his leadership;
• Noted that he would be meeting with PBID members to work on
compromise regarding the Community Management District,
• Councilmember Sarmiento and he went to El Salvador to discuss
Police Community Policing Program; accolades to our Police
Department for implementing successful program more than 25 years
ago; travel provided by ICMA.
Councilmember Benavides:
• Suggested that 2nd Council meetings of the month should be held in
the Council Chamber.
CITY COUNCIL MINUTES 22 MARCH 21, 2011
Councilmember Bustamante:
• Congratulated City Manager David Ream on his upcoming retirement.
Councilmember Martinez:
• Advised that City of Santa Ana has received 3rd place in world
competition for best water; tap water is regulated and encouraged all to
drink; thanked staff for efforts;
• Congratulated Chapter One restaurant on its soft opening and Proof
Bar on its 5 year anniversary;
• Announced that Jerome Park would be hosting Cesar Chavez
festivities over the weekend and invited all to attend;
• Congratulated former TKO boxer Luis Ramos who is now with Golden
Boy Production; had first professional fight at Orange County
Fairgrounds;
• Recent movie "The Music Never Stopped" sends a great message
about importance of parental relationship;
• Thanked David Ream for his service; wished him well; will continue to
serve on local boards; proposed that open space on Bristol and 1St
Street be named the David Ream Plaza.
Mayor Pulido left the meeting at 9:07 p.m.
Councilmember Sarmiento:
• Stated City has award winning water; making strides with conservation
efforts; Mayor Pro Tern Alvarez chairs the Orange County Water
District;
• Noted that all major projects in past 20 years have David Ream's
signature and fingerprints; wished him best; decision to fill position
critical;
• Commented on visit to El Salvador and strides taken to bring
democracy to war torn country; and
• Condolences to family of City of Costa Mesa employee who recently
committed suicide after receiving layoff notice.
Mayor Pro Tern Alvarez:
• Noted Mayor Pulido left the meeting early;
• Thanked Council members Sarmiento and Tinajero for representing
the City during visit to El Salvador;
• Discussed criteria used to select best water competition, including:
appearance, aroma, taste, mouth-feel, after-taste and thirst after
drinking - Santa Ana winning 3rd place in world competition;
• Encouraged all to continue to conserve water;
• American Cancer Society holding Relay for Life event in Santa Ana;
challenged the Council to assemble a team;
• Retiring City Manager David Ream will be sorely missed; his great
quotes; encouraged the community to share his anecdotes;
CITY COUNCIL MINUTES 23 MARCH 21, 2011
Adjourned in memory of Justina Nava rrete-Bonilla who was the late
mother of El Toro Market owners and read a short bio.
ADJOURNED- 9:20 P.M. - The next meeting of the City Council is scheduled for
Monday, April 4, 2011 at 5:00 p.m. for the Closed Session Meeting
immediately followed by the Regular Open Business Meeting in the
Council Chamber, 22 Civic Center Plaza, Santa Ana, California.
Adjournment in Memory of
Justina Navarrete-Bonilla
Maria Huizar
Clerk of the Council
CITY COUNCIL MINUTES 24 MARCH 21, 2011
Entered into the record - ref. Item 80A
MEMORANDUM
TO: Mayor Miguel Pulido
Mayor Pro Temp Claudia Alvarez
Councilwoman Michelle Martinez
Councilman Vincent F. Sarmiento
Councilman Sal Tinajero
Councilman David Benavides
Councilman Carlos Bustamante
FROM: Frank Acosta& Residents of Concord Neighborhood Association
DATE: March 21, 2011
SUBEJCT: Opposition to Vista Del Rio Housing Development
As residents of Concord Neighborhood, we care very much about the quality of life in
our neighborhood. The building of a 41-unit, 2 story apartment complex will have a
tremendous negative impact in our neighborhood for a number of reasons.
Single Family Residence Neighborhood:
Concord is composed of single family residence homes. It's simply incredible to think
that a 41-unit apartment complex would be approved in a single family residential area.
An apartment complex, regardless of who the residents are, is out of place in our
neighborhood; it will be only a matter of time after it becomes blighted area. Something,
that unfortunately happens way too often in areas where apartment complexes are built.
Our displeasure with the building of this apartment complex in our neighborhood has
been consistent at all neighborhood meetings. Concord is one of the few
neighborhoods in Santa Ana that still remains as a single family residence
neighborhood and I would like to keep that way. My concern is that once an apartment
complex gets built within the neighborhood, it will open the doors to others being built.
Santa Ana is already a heavily populated city. Unfortunately, we already can't provide
services to our residents. We need more open space, more parks, community centers
and green places where children can play. We do not need another apartment
complex, definitely not one in a single family residence neighborhood. A 41-unit
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CITY COUNCIL MINUTES 25 MARCH 21, 2011
apartment complex is not in the best interest of Concord resident's health, safety and
welfare, quite the opposite.
Public Safety Issues:
A 41-unit apartment complex in the proposed location is a great public safety concern,
not only for the apartment complex tenants but for the neighborhood residents as well.
The developer's proposal to address this concern is a 6 foot iron-wrought fence along
the riverbed border. As it is, the riverbed (being county property) is not patrolled at all.
Neighborhood residents bordering the riverbed have constant problems with gangs and
transients - primary reason why residents along the riverbed have fences higher than
six feet tall. Adding a 41-unit apartment complex will provide a great opportunity for the
tenants to be victims of crime; easy access through the riverbed and easy escape. It's
inevitable that such problems will spread to the surrounding neighborhood and
obviously that a huge concern for our community. Again, we don't need the additional
targets of criminal activity in our neighborhood.
City Funding of Project:
My understanding in 2010 the Developer asked from the City and received $1.5 million
in HOME loans. However, the developer was unsuccessful in receiving low income tax
credits and now wants the City to lend it another $469,000, so as to "improve its
success" with another tax credit application. At a time when the City's workforce has
been slashed to a bare minimum (or less), how can the city be loaning money to a
developer so the it can "improve" it chances at getting low income tax credits -
especially to add an apartment complex to single family residence neighborhood! While
I understand it's a different "pot" from which the City makes these loans, it is still
incredible to believe the City would be funding the "destruction" one of its last remaining
single family residence neighborhoods!
If the City has such funds available, maybe the City should consider funding a
Community Center in that location. There are no community centers anywhere close to
Concord and the surrounding neighborhoods and there is definitely a need for one.
Instead, the City is looking to fund an apartment complex to be located at a prime
entryway to the City.
The Developer:
Prior to March 7, 2011, the last time the Developer had any contact with Concord as in
the summerof 2009. Contrary to the statement, in the Discussion section of the
Recommended Action before the Council, the Developer has NOT been working with
21 Page
CITY COUNCIL MINUTES 26 MARCH 21, 2011
Concord Neighborhood, let alone addressing our concerns. In 2009 and again in 2011,
our concerns remain the same. Since we had not heard anything since 2009, we
assumed the project had died (especially given the downturn in the economy). It was
surprising to hear that not only was the project fully entitled, along with loans from the
city, but that it was relayed to the City that Concord Neighborhood was in full support of
the apartment complex!
It is especially troubling that since the project came to our attention, all neighborhood
meetings called by the City have always been at the same location within our
neighborhood. Concord has a lot of original homeowners and it's very convenient and
easily accessible to our elderly homeowners. After the March 7th meeting , which took
place at a Concord residence, another "neighborhood" meeting was scheduled for
March 16th at a location outside the neighborhood, making it difficult for the
homeowners to attend.
Conclusion:
Concord is a single family residence neighborhood. Many of the owners are original
homeowners who purchased their homes in the 1950's. It is a small, but tight
neighborhood; we belong to Ward 3, yet even City Personnel think we are Garden
Grove. Often times, we have to remind the City that there is a Santa Ana neighborhood
west of the Santa Ana River, bordering Orange and Garden Grove. Our neighborhood
is generally safe, so much that it's rare to see a Santa Ana Police patrol car in the area.
Heck, we still have 4th of July block parties!
There are no apartment complexes within our neighborhood and that's the way we
prefer it. If we wanted to live by an apartment complex, we could have purchased our
homes in one of the many areas within our City. We are a community of homeowners,
tax payers and voters. We want our elected officials to respect our wishes: we do not
want a 41-unit apartment complex in our single family residence neighborhood.
31 Page
CITY COUNCIL MINUTES 27 MARCH 21, 2011
Concord Neighborhood Association
As a resident and homeowner in the Concord Neighborhood in Santa Ana, I am
opposed to the construction of a 41-unit apartment complex in my neighborhood. I am
also opposed to the City of Santa Ana providing any type financial assistance or loans
to assist the developer in construction of the apartment complex.
Homeowner's Name/Signature*,.Y Address
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CITY COUNCIL MINUTES 28 MARCH 21, 2011
Goncorcl i?eicihiborhood Association
As a resident and homeowner in the Concord Neighborhood in Santa Ana, I am
opposed to the construction of a 41--unit apai(nn nt complex in my neighborhood. I am
also opposed to the City of Santa Ana providing any type financial assistance or loans
to assist the developer in construction of the apartment complex.
Homeowner's Name/Signatu
1. C?fa?'VgtGecrr./`
2. Geo P -SeL
Address
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4l Page
CITY COUNCIL MINUTES 29 MARCH 21, 2011