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Home My WebLink About10A - MINUTES 11-04-2013MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA NOVEMBER 4, 2013 CLOSED SESSION MEETING CALLED TO ORDER ATTENDANCE PUBLIC COMMENTS — None COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:04 P.M. COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor (5:06 p.m.) SAL TINAJERO, Mayor Pro Tern ANGELICA AMEZCUA MICHELE MARTINEZ (5:06 p.m.) ROMAN A. REYNA VINCENT F. SARMIENTO COUNCILMEMBERS Absent: P. DAVID BENAVIDES STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council 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: 1A CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) City of Santa Ana v. Clear Channel Outd000r, Inc. (119 N. Grand & 1221 E. Third billboards) Orange County Superior Case No. 30- 2013- 00630925 CITY COUNCIL MINUTES 1 0A -1 NOVEMBER 4, 2013 2. City of Santa Ana v. Clear Channel Outd000r, Inc. (311 & 411 N. Bristol billboards) Orange County Superior Case No. 30 -2011- 00528925 3. City of Santa Ana v. Wang: (Clear Channel Outd000r. Inc.) (410 N. Bristol billboards) Orange County Superior Case No. 30 -2011- 00525651 4. City of Santa Ana v. CBS Outdoor (306 N. Bristol billboards) Orange County Superior Case No. 30- 2011 - 00528194 5. City of Santa Ana v. Gallegos Brothers (El Pollo Norteno) Orange County Superior Case No. 30- 2013 - 00630810 6. City of Santa Ana v. Gallegos Brothers (Grande Bakery) Orange County Superior Case No. 30- 2013 - 00630810 1B CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Ed Raya Employee Organizations: Service Employees' International Union (SEIU) Part-time Civil Service Employees CLOSED SESSION REPORT — See Item 19A. for Report. ADJOURNED THE CLOSED SESSION MEETING AT 5:28 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 2 NOVEMBER 4, 2013 1 0A -2 REGULAR OPEN SESSION ITEM TAKEN OUT OF ORDER PROCLAMATION presented by COUNCILMEMBER SARMIENTO to Retired Judge John Nho Trong Nguyen, first Vietnamese Judge in the United States appointed to the Bench, for his dedication and outstanding service. CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:08 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor SAL TINAJERO, Mayor Pro Tern ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA VINCENT F. SARMIENTO PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS COUNCILMEMBERS Absent: NONE STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO JACK ABEELEN, POLICE CHAPLAIN EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to: 20 YEARS OF SERVICE Mark Lawrence, Assistant to the City Manager, City Manager's Office CITY COUNCIL MINUTES 3 NOVEMBER 4, 2013 1 0A -3 Liduvina Gallardo, Senior Legal Secretary, City Attorney's Office 25 YEARS OF SERVICE Leonardo M. Correa Jr., Forensic Specialist I, Police Department 30 YEARS OF SERVICE Rosa S. Barela, Executive Secretary, Planning & Building Fred J. Gonzales, Police Services Dispatcher, Police Department 35 YEARS OF SERVICE David Silva, Public Works Crew Leader, Public Works CERTIFICATE OF RECOGNITION presented by MAYOR PULIDO to Rupen Jim Akoubian, owner of NAPA Orange County Auto Parts, for being recognized as a finalist for the District Small Business of the Year Award by the Small Business Association. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to Dr. Robert Gonzales for his generosity in providing optometry services free of charge to Santa Ana Unified School District students. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER REYNA to Dr. Marcia Moody, Assistant Dean /Campus Director of the Springfield School of Human Services for her dedication and work in the field of humanities. CLOSED SESSION REPORT — Nothing to report. PUBLIC COMMENT • Barbara Lamere, spoke on need for transparency and Code of Ethics; concerned with location and lack of parking and seating at last PREY Council Committee meeting. • Carolyn Torres, concerned with proposed gang injunction; opined that due process denied, labeling is for life and affect ability to get job; proposed investment in neighborhoods instead. • Billy Hall, request assistance in finding meeting place for Veteran's organization since displaced from current location. • Albert Castillo, spoke of issue with Vietnamese not finding place to have parade in Santa Ana; urged Council to have event in City; need to celebrate various ethnicities; also spoke of Santa Ana police officer's shooting of young resident; need to support our youth. CITY COUNCIL MINUTES 4 NOVEMBER 4, 2013 1 0A -4 • Alex Green, representing El Fenix, spoke of new organization committed to creating a bicycling - friendly community through advocacy, education, and cooperation. • Councilmember Martinez noted that Kidworks has applied for grants and suggest Mr. Green work with City's Public Works Agency. • Stephanie Young, representing Kidworks, encouraged City to apply for Greenway Grant for bike lanes. • Omar De La Riva, representing Kidworks, spoke in support of obtaining grant funds for class 1 bike lanes; important for youth to keep safe. • Karla Lopez del Rio, Assistant Vice President of NeighborWorks Health Access, Action Plan to have consistent bike lane; supports Pacific Electric Bike Lane; civic engagement important. • Christina Hall, El Fenix, spoke of general wellness issues; lack of bike lanes have caused recent accidents; support bike master plan; City to apply for additional grants. • Nancy Mejia, Latino Health Access representative, support more bike friendly City; invited all to Wellness Corridor Kickoff Event on November 16th that will include 9- mile bike run. • Councilmember Sarmiento, commented on Vista Del Rio's 1 -2 acres parklet that may be considered for development. • Councilmember Martinez, attended San Dimas Active Transportation event held November 4th. • Mayor Pulido, supports open space at Vista del Rio. • Alex Vega, spoke of Hispanic Affairs Office that services non - English speakers. • Brizy Mae, spoke of homeless issues, vacant buildings could be used such as old bus terminal. • Abraham Medina, commented on Peace and Dignity Run event (Anaheim to Santa Ana) to stop violence and police shootings; gang injunctions label youth — additional social programs needed. • Fernando Chavez, commented on general issues at Centennial Park. *Councilmember Reyna left the dais at 7:22 p.m. and returned at 7:29 p.m. CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 10A through 31B as recommended by staff with the following modifications: • Councilmember Amezcua pulled Agenda Items 25A and 29A for separate discussion; • Councilmember Martinez pulled Agenda Item 25E for separate discussion; and • Mayor Pro Tern Tinajero and Councilmembers Tinajero and Martinez abstained on Agenda Item 31A. MOTION: Benavides SECOND: Sarmiento CITY COUNCIL MINUTES 5 NOVEMBER 4, 2013 1 0A -5 VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Reyna (1) 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. MINUTES OF THE REGULAR MEETING OF OCTOBER 21, 2013 - Clerk of the Council Office MOTION: Approve Minutes. BOARDS / COMMISSIONS / COMMITTEES 13A. NOMINATED BY COUNCILMEMBER REYNA AS THE WARD 5 REPRESENTATIVE TO THE PERSONNEL BOARD FOR A FULL TERM EXPIRING DECEMBER 13, 2016 - Clerk of the Council Office MOTION: Appoint. Residing Name Board /Commission Ward Stephanie Najera Personnel Board 5 "(Replacing Luis Martinez) 13B. COUNCIL COMMITTEE REPORTS MOTION: Receive and file Parks, Recreation, Education and Youth Minutes of August 19, 2013. MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — None 19B. EXCUSED ABSENCES — None CITY COUNCIL MINUTES 6 NOVEMBER 4, 2013 1 0A -6 19C. DESTRUCTION OF OBSOLETE CITY RECORDS - City Manager's 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 2013 -014. 19D. QUARTERLY REPORT OF CONTRACTS ENTERED INTO BY THE CITY MANAGER - Finance & Management Services MOTION: Receive and file the Quarterly Report of Contracts entered into between July 1, 2013 to September 30, 2013 valued at $25,000 and less. 19E. QUARTERLY REPORT OF INVESTMENTS AS OF SEPTEMBER 30, 2013 - Finance & Management Services MOTION: Receive and file. 19F. QUARTERLY REPORT ACTIVITIES (JULY 2013 Development Agency FOR HOUSING DIVISION PROJECTS AND THROUGH SEPTEMBER 2013) - Community MOTION: Receive and file. BUDGETARY MATTERS SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. SPEC. NO 09 -037 - HAND TOOLS AND MISCELLANEOUS ITEMS — Finance & Management Services MOTION: Renew the contract with Grainger, Inc. for a one -year period in an annual amount not to exceed $85,000 subject to non - substantive changes approved by the City Manager and City Attorney. 22B. SPEC. NO. 13 -016 - SEWER MANHOLE REHABILITATION AND LINING SERVICES (Public Works Agency) - Finance & Management Services MOTION: Renew the contract with Zebron Contracting, Inc. for a one -year period in an amount not to exceed $75,000, subject to non- CITY COUNCIL MINUTES 7 NOVEMBER 4, 2013 1 0A -7 substantive changes approved by the City Manager and City Attorney. PROJECTS /CHANGE ORDERS 23A. A- 2013 -166 - CONTRACT AWARD FOR SANTA ANA MAIN LIBRARY ELEVATOR MODERNIZATION (PROJECT NO. 12 -7539) - Public Works Agency; Parks, Recreation & Community Services; and Community Development Agency MOTION: 1. Award a contract to 5Star Elevator Service, Inc., in the amount of $73,216 for the modernization of the elevator at the Main Library. 2. Approve the Cost Analysis, for a total estimated project delivery cost of $87,665. AGREEMENTS 25A. AGMT NO. 2013 -167 - ENVIRONMENTAL SERVICES FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT (EIR) FOR A 24 -UNIT SINGLE FAMILY RESIDENTIAL DEVELOPMENT AT 1584 EAST SANTA CLARA AVENUE (Sexlinger Property) - Planning and Building Agency MOTION: Authorize the City Manager and the Clerk of the Council to execute an amendment with URS Corporation in an amount not to exceed $42,735, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Amezcua VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Sarmiento Amezcua, Benavides, Sarmiento, Tinajero (6) None (0) None (0) Reyna (1) Martinez, Pulido, CITY COUNCIL MINUTES 8 NOVEMBER 4, 2013 1 0A -8 25B. AGMT NO. 2013 -168 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2013 -03 FOR THE PROPERTY LOCATED AT 2450 NORTH BONNIE BRAE - Planning and Building Agency Historic Resources Commission approved recommended action on October 3, 2013 by a 5 -0 vote (Hitterdale, Schaefer absent). MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with the property owner Andrea Michelle Hopper, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Benavides VOTE: AYES: NOES GL�3tlf T ABSENT: *Mayor Pulido abstained residence. SECOND: Tinajero Amezcua, Benavides, Sarmiento, Tinajero (6) None (0) Pulido (1) Martinez, Reyna, None (0) on Agenda Item 25B due to proximity to 25C. TRAFFIC COUNTING SERVICES - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute agreements each for an amount not to exceed $30,000, with an option to extend the agreements for two one -year terms, subject to non - substantive changes approved by the City Manager and City Attorney. • AGMT NO. 2013 -169 -With National Data & Surveying Services. • AGMT NO. 2013 -170 - With Transportation Studies, Inc. 25D. AGMT NO. 2013 -171 - ENERGY AND SUSTAINABILITY CONSULTING SERVICES - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an amendment with Mariann Long and Associates, subject to non - substantive changes, approved by the City Manager and City Attorney in an amount not to exceed $32,705 for a period ending June 30, 2015. CITY COUNCIL MINUTES 9 NOVEMBER 4, 2013 1 0A -9 25E. AGMT NO. 2013 -172 - UTILITY CABINET PILOT ART PROGRAM - Planning and Building Agency and Public Works Agency MOTION: Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute agreements with selected artists and allocate funds in a total amount of $7,700 to paint seven utility cabinets in the downtown as part of this pilot program. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: MISCELLANEOUS - BUDGET SECOND: Sarmiento Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) None (0) None (0) 29A. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FISCAL YEAR 2013 -2014 ANNUAL ACTION PLAN SUBSTANTIAL AMENDMENTS FOR REALLOCATION OF FUNDS - Community Development Agency Councilmember Martinez concerned with selection process. Staff indicated that full council would ratify decision. MOTION: 1. Approve the following projects for a total of up to $750,000 of available prior year CDBG funds. El Salvador Park Improvement $457,500 Public Facility Center Upgrades $60,000 Delhi Center ADA Improvements $200,000 2. Approve a substantial amendment to the 2013 -2014 Annual Action Plan, approving the reallocation of Community Development Block Grant funds, and authorizing its submittal to the U.S. Department of Housing and Urban Development. MOTION: Benavides SECOND: Reyna CITY COUNCIL MINUTES 10 NOVEMBER 4, 2013 1 0A -10 VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) LAND USE MATTERS CONDITIONAL USE PERMITIVARIANCES Pulido, 31 A. MODIFY CONDITIONAL USE PERMIT NO. 2001 -28 FOR THE SANTA ANA LOFTS, MAIN STREET STUDIOS, AND THE EAST VILLAGE LOFTS LOCATED IN DOWNTOWN SANTA ANA — BILL McREYNOLDS, APPLICANT - - Planning and Building Agency Planning Commission approved recommended action on October 14, 2013, by a vote of 7 -0. MOTION: Receive and file the staff report approving modifications to Conditional Use Permit No. 2001 -28 as conditioned. *Mayor Pro Tern Tinajero and Councilmember Sarmiento abstained due to campaign contribution and Councilmember Martinez due to proximity to residence. 31 B. CONDITIONAL USE PERMIT NO. 2013 -25 FOR A TYPE 41 ALCOHOL BEVERAGE CONTROL LICENSE FOR RITTER'S STEAM KETTLE COOKING RESTAURANT AT 1421 WEST MACARTHUR BOULEVARD, UNIT G - MICHAEL RITTER, APPLICANT - Planning and Building Agency Planning Commission approved recommended action on October 14, 2013, by a vote of 7 -0. MOTION: Receive and file the staff report approving Conditional Use Permit No. 2013 -25 as conditioned. * *END OF CONSENT CALENDAR ** BUSINESS CALENDAR ITEMS CITY COUNCIL MINUTES 11 NOVEMBER 4, 2013 1 0A -11 RESOLUTIONS 55A. RESOLUTION AND AUTHORIZATION TO CARRY OVER FUNDS - 2015 FEDERAL TRANSPORTATION IMPROVEMENT PROGRAM - Public Works Agency MOTION: 1. Authorize the City Manager to submit selected projects to the Orange County Transportation Authority for inclusion into the 2015 Federal Transportation Improvement Program. 2. Adopt a resolution. RESOLUTION NO. 2013 -051 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING THAT THE CITY HAS THE RESOURCES TO FUND THE PROJECTS SUBMITTED FOR INCLUSION IN THE 2015 FEDERAL TRANSPORTATION IMPROVEMENT PROGRAM AND AFFIRMS ITS COMMITMENT TO IMPLEMENT ALL PROJECTS IN THE PROGRAM MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN: ABSENT: PUBLIC HEARINGS SECOND: Martinez Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) None (0) None (0) 75A. PUBLIC HEARING — RESOLUTION AND ORDINANCE ADOPTING THE UPDATED CALIFORNIA AND INTERNATIONAL BUILDING AND FIRE CODES WITH AMENDMENT AND REQUISITE FINDINGS — Planning and Building Agency Legal Notice published in the O.C. Reporter on October 25, 2013. Staff report presentation by Executive Director of Planning and Building, Jay Trevino Building & Fire Code CITY COUNCIL MINUTES 12 NOVEMBER 4, 2013 1 0A -12 Updates & Amendments Chapter 8 Buildings and Structures Chapter 14 Fire Protection, Prevention & Emergency Services New Building Codes Adopted • 2013 CA Codes become effective January 1, 2014 • New Codes affect all Cities and Counties • Construction codes proposed for adoption with amendments include the 2013 California: • Building Code • Residential Code • Green Building Code • Plumbing Code • Mechanical Code • Electrical Code • Fire Code • Existing Building Code • Energy Code • 54 Reference Standards HSC 17958.5 & HSC 18941.5 Local jurisdictions may amend building standards to be more restrictive than Title 24, if such amendments are justified on the basis of a local geological, topographical or climatic condition. Local Amendments • A local condition does not need to be unique to the jurisdiction • Local amendments may not reduce a building standard below the model state code requirement • Local amendments and justifications must be filed with the California Building Standards Commission (CBSC) • Local amendments do not take effect until such amendments and justifications are filed with the CBSC New Codes Benefit Everyone • Improve life safety • Incorporate latest national standards • Improve Accessibility • Promote greener buildings • Enhance seismic safety standards SAMC - Chapters 8 and 14 Amendments • Amendments incorporated Plumbing I Support of In- Ground Piping Plumbing I Support of Suspended Horizontal Piping CITY COUNCIL MINUTES 13 NOVEMBER 4, 2013 1 0A -13 Plumbing Seismic Support of Suspended Horizontal Piping Plumbing Protection Against Corrosion Plumbing Size of Meter & Building Supply Piping Plumbing Increases Size of Building Supply Piping Plumbing Grade, Support & Protection of Building Sewers Mechanical Prohibits Flex Duct for Evaporative Coolers Electrical Minimum Size of Aluminum Electrical Conductors Electrical Restricts NM Cable to Residential Occupancies OCFA Updated Definitions OCFA Installation of Fire Sprinklers OCFA High -Rise Construction OCFA Life Safety System for High -Rises OCFA Height Definition for High -Rises Building Time Limitation of Application Building Permits Required Building High -Rise Construction Building High -Rise Life Safety System Recommendation • Adopt a Resolution for local amendments and Ordinance amending Chapters 8 and 14 of the Santa Ana Municipal Code Mayor Pulido opened the Public Hearing. There were no speakers and the Mayor closed the Public Hearing. MOTION: 1. Adopt a resolution. RESOLUTION NO. 2013 -052 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALIFORNIA, SETTING FORTH FINDINGS WITH RESPECT TO LOCAL CONDITIONS WITHIN THE CITY OF SANTA ANA WHICH JUSTIFY CERTAIN MODIFICATIONS AND CHANGES TO THE CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA GREEN BUILDING STANDARDS CODE, CITY COUNCIL MINUTES 14 NOVEMBER 4, 2013 1 OA -14 CALIFORNIA ELECTRICAL CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA FIRE CODE, CALIFORNIA EXISTING BUILDING CODE, AND INTERNATIONAL PROPERTY MAINTENANCE CODE AS AMENDED BY THE STATE OF CALIFORNIA 2. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2851 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTERS 8 AND 14 OF THE SANTA ANA MUNICIPAL CODE TO ADOPT AND AMEND THERETO THE MOST RECENTLY ENACTED CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA GREEN BUILDING STANDARDS CODE,-CALIFORNIA ELECTRICAL CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA FIRE CODE, CALIFORNIA EXISTING BUILDING CODE, AND INTERNATIONAL PROPERTY MAINTENANCE CODE MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, , Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) *Councilmember Benavides abstained on Agenda Item 75B due to potential conflict of interest and out of abundance of caution. 75B. PUBLIC HEARING — AMENDMENT APPLICATION NO. 2013 -03 TO REZONE FOUR PROPERTIES FROM MULTIPLE - FAMILY RESIDENCE (R3) TO GENERAL COMMERCIAL (C2) AT 909 NORTH GRAND AVENUE — CITY OF SANTA ANA, APPLICANT - Planning and Building Agency Planning Commission approved recommended action on October 14 2013 by a 7 -0 vote. Legal Notice published in the O.C. Reporter on October 25, 2013 and notices mailed on October 24, 2013. CITY COUNCIL MINUTES 15 NOVEMBER 4, 2013 1 0A -15 Staff report presentation by Executive Director of Planning and Building, Jay Trevino 909 North Grand Avenue Amendment Application No. 2013 -03 Project Description • Rezoning of four parcels from Multiple - Family Residential (R -3) to General Commercial (C -2) • No proposed development Site Description • R -3 zoning • G.P. designation of General Commercial • Surrounded by freeway, office and retail uses Project Analysis • Site historically used for auto sales • Owner in process of developing master plan of all properties • Creates consistency with General Plan • Site suitable for commercial use • Will allow improvements to site Planning Commission Action • No comments during public hearing • Recommended that the City Council approve proposed zone change by a 7:0 vote. Recommendation • Recommend that the City Council approve Amendment Application No. 2013 -03 Mayor Pulido opened the Public Hearing. There were no speakers and the Mayor closed the Public Hearing. MOTION: Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2852 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 909 NORTH GRAND AVENUE FROM MULTIPLE - FAMILY RESIDENCE (R3) TO GENERAL COMMERCIAL (C2) (AA NO. 2013-03) MOTION: Sarmiento SECOND: Reyna VOTE: AYES: Amezcua, Martinez, Pulido, , Reyna, Sarmiento, Tinajero (6) CITY COUNCIL MINUTES 16 NOVEMBER 4, 2013 1 0A -16 NOES: None (0) ABSTAIN: Benavides (1) ABSENT: None (0) 75C. PUBLIC HEARING — AMENDMENT APPLICATION NO. 2013 -04, TENTATIVE TRACT MAP NO. 2013 -05 (COUNTY MAP NO. 17546) AND SITE PLAN REVIEW NO. 2013 -04 TO CHANGE THE ZONING FROM GENERAL AGRICULTURAL (Al) TO SPECIFIC DEVELOPMENT NO. 86 TO SUBDIVIDE THREE PARCELS INTO 28 CONDOMINIUMS FOR AT 4226 -4306 WEST FIFTH STREET — URBAN LAND, LLC, APPLICANT - Planning and Building Agency Planning Commission approved recommended action on September 23, 2013 by a 6 -0 vote (Alderete absent). Legal Notice published in the O.C. Reporter on October 25, 2013 and notices mailed on October 24, 2013. Staff report presentation by Executive Director of Planning and Building, Jay Trevino Fifth & Newhope Detached Homes • Amendment Application No. 2013 -04 • Tentative Tract Map No. 2013 -05 • Site Plan Review No. 2013 -04 • 4226 -4306 West Fifth Street Project Description • To allow the construction of 28 detached homes. • To amend the zoning designation from General Agricultural (Al) to Specific Development (SD). • To subdivide three existing parcels into 28 air -right condominiums. • To obtain site plan approval within SD86. Site Description • Al (General Agricultural) zone. • LMR11 (Low Medium Density Residential) land use designation. • 2.66 acres in size. • Surrounded by residential uses. Project Summary • Three different floor plans CITY COUNCIL MINUTES 17 NOVEMBER 4, 2013 1 0A -17 Fifth a Units Plan T: Proposed Plan 1 10 bedro' Plan 2 10 bedro 8 Plan 3 bedrooms plus' denlopt bdrm 5 28 Total Percent of Project Square Footage 36% 36% 28% 100% 1,510 1,823 2,115 n/a Presented Elevation, Landscaping Plan and Pocket Park/Passive Open Space Recommendation • Adopt an ordinance approving Amendment Application No. 2013 -04 and SD No. 86. • Adopt a resolution approving Tentative Tract Map No. 2013 -05 (County Map No. 17546) as conditioned. • Adopt a resolution approving Site Plan Review No. 2013 -04 as conditioned. Mayor Pulido opened the Public Hearing. Public speaker Mr. Hernandez expressed concern with asbestos. Staff directed to look into matter. There were no other speakers and the Mayor closed the Public Hearing. MOTION: 1. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2853 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 4226 -4306 WEST FIFTH STREET FROM GENERAL AGRICULTURAL (Al) TO SPECIFIC DEVELOPMENT NO. 86 (SD -86) (AA NO. 2013 -04) AND ADOPTING SPECIFIC DEVELOPMENT NO. 86 (SD -86) FOR SAID PROPERTY 2. Adopt a resolution. RESOLUTION NO. 2013 -053 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING TENTATIVE CITY COUNCIL MINUTES 18 NOVEMBER 4, 2013 1 0A -18 TRACT MAP NO. 2013 -05 AS CONDITIONED AND APPROVING SITE PLAN REVIEW NO. 2013 -04 AS CONDITIONED FOR THE PROPERTY LOCATED AT 4226 -4306 WEST FIFTH STREET MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, , Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) *Councilmember Amezcua abstained on Agenda Item 75D due to potential conflict of interest due to a campaign contribution and out of abundance of caution. 75D. PUBLIC HEARING — ZONING ORDINANCE AMENDMENT NO. 2013 -03, SITE PLAN REVIEW NO. 2013 -05, INCLUSIONARY HOUSING PLAN AND AGREEMENT FOR A NEW MULTI - FAMILY RESIDENTIAL DEVELOPMENT AT 301 EAST JEANETTE LANE — VINEYARD DEVELOPMENT, APPLICANT - Planning and Building Agency Planning Commission approved recommended action on October 14, 2013 by a 6 -1 vote (Yrarrazaval dissented). Legal Notice published in the O.C. Reporter on October 25, 2013 and notices mailed on October 24, 2013. Staff report presentation by Executive Director of Planning and Building, Jay Trevino The 301 • Zoning Ordinance Amendment 2013 -03 • Site Plan Review 2013 -05 • Mitigated Negative Declaration 2013 -14 • Inclusionary Housing Plan and Agreement Request by Applicant • To construct a multi - family residential project consisting of 182 units above 2 levels of parking. Project Description • Multi- family use CITY COUNCIL MINUTES 19 1 0A -19 NOVEMBER 4, 2013 • 182 residential units • 4 residential levels above 2 levels of parking • Overall height approximately 59 feet • 182 units — one, two and three - bedroom Sizes ranges 540 — 1,260 square feet • Amenities Two courtyards, a pool deck and two skycourts • including landscaping, bar -b -ques, fire pits, water features, seating areas, decorative pavement and pool — 950 s.f. resident lounge — 1,540 s.f. fitness center — Two lobbies — Leasing office • Mid -rise with contemporary architecture • Exterior finishes include wood siding, cement panels, wood louvers, metal handrails and aluminum doors and windows. Zoning Ordinance Amendment • The 301 requested amendments: — Allow multi - family residential land use — Building height to allow 59 feet — Open Space located above ground level — Parking Ratio 2.0 /unit — Tandem Parking for 64% Housing Opportunity Ordinance • In lieu of providing 15% of total units, a fee requested • SAMC requires City Council review and approval • Analysis supports fee, $1,977,000 Mitigated Negative Declaration • August 1, 2013- Notice of Intent (NO[) — 34 day public review — August 1 through September 3, 2013 • Mitigation Monitoring and Reporting Program (MMRP) will reduce or avoid significant adverse impacts of the project Recommendation • Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program No. 2013 -14 • Approve ZOA No. 2013 -03 • Approve SPR No. 2013 -05 as conditioned • Approve Inclusionary Housing Plan and Agreement Mayor Pulido opened the Public Hearing. Public speaker Berry Levine spoke in opposition to proposed project and against developer. The Mayor closed the Public Hearing. CITY COUNCIL MINUTES 20 NOVEMBER 4, 2013 1 OA -20 Councilmember Benavides proposed water feature at entrance; supports project that will allow for a more walkable community; echoed comments by Councilmember Sarmiento formula will lend itself to have more units and have mixed use; architectural design is impressive; proposed amendment Condition 9. Executive Director of Planning and Building Trevino noted that Housing Opportunity Ordinance will bring over $1 million to the City. Councilmember Martinez noted that active living communities is the direction the Council is taking; need parking reform; support developments that make sense for the community; Mayor Pulido asked developer if Bob Bisno involved; how far is City Place parking from proposed development; and opined that parking codes outdated and tandem parking will assist; 64 units are single bedrooms; supports strong economic market. Executive Director of Planning and Building Trevino noted that parking analyzed and will be sufficient. Mayor Pro Tern Tinajero commented that project followed sunshine ordinance - transparency and inclusionary clause required on development projects. Councilmember Sarmiento proposed that water feature use recycled water. 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2013 -14. 2. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2854 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 59 (SD -59) TO ALLOW THE CONSTRUCTION OF A MULTI - FAMILY RESIDENTIAL PROJECT WITH 182 UNITS AT 301 EAST JEANETTE WAY (ZOA NO. 2013 -03) 3. Adopt a resolution and amend Condition #9 to read as follows: A detailed water feature plan must be reviewed and approved prior to issuance of any building permits. The plan shall include a minimum of one water feature within each courtyard, and also at one prominent project entry location that is visible to the public, CITY COUNCIL MINUTES 21 NOVEMBER 4, 2013 1 OA -21 and include elevations, hardscape design, lighting concepts and an installation plan. The exact specifications for these items are subject to review and approval of the Planning Division. The water feature(s) shall be maintained in the same condition as installed at the time of occupancy. RESOLUTION NO. 2013 -054 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM, ENVIRONMENTAL REVIEW NO. 2013 -14, AND APPROVING SITE PLAN REVIEW NO. 2013 -05 AS CONDITIONED FOR THE PROPERTY LOCATED AT 301 EAST JEANETTE LANE 4. Approve an Inclusionary Housing Plan and Agreement authorizing payment of an in -lieu fee. MOTION: Benavides SECOND: Martinez VOTE: AYES: Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: Amezcua (1) ABSENT: None (0) COUNCIL AGENDA ITEMS Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. 85A. DIRECT CITY ATTORNEY TO PREPARE NECESSARY DOCUMENTS TO PROPOSE A CHARTER AMENDMENT ESTABLISHING A PRIMARY ELECTION FOR MAYOR SEAT TO BE CONSIDERED BY VOTERS AT THE 2014 GENERAL MUNICIPAL ELECTION - (Mayor Pro Tern Tinajero and Councilmember Sarmiento) Council discussion ensued. Council majority concurred with directive. Mayor disagreed with colleagues; request staff to analyze policies and practices by jurisdictions with directly and appointed mayor seat, include historical trends for both Mayor and City Council seats; and also cost and resources to run a primary election. MOTION: Direct City Attorney to prepare necessary documents as noted above including options for City Council consideration: practices of other jurisdictions, redrawing districts (wards), CITY COUNCIL MINUTES 22 NOVEMBER 4, 2013 1 OA -22 appointed Mayor seat and holding primary elections for City Council seats. MOTION: Tinajero SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Sarmiento, Tinajero (6) NOES ABSTAIN ABSENT: Pulido (1) None (0) None (0) CITY COUNCIL MEETING RECESSED TO THE HOUSING AUTHORITY MEETING, FOLLOWED BY SUCCESSOR AGENCY MEETING AT 9:10 P.M. AND RECONVENED AT 9:11 P.M. WITH SAME MEMBERS PRESENT. .o W. COMMENTS CITY MANAGER'S COMMENTS City Manager Cavazos commented on proposed creation of an Arts and Culture Commission that will be presented at the following City Council Meeting. CITY COUNCILMEMBER COMMENTS: Councilmember Martinez: • Welcome concept of Arts and Culture Commission; Commission to review fiscal impacts and sustainability of programs proposed; • Reported that the San Dimas City Selection Committee will be discussing active transportation and safety concerns; • Requested information from Police Chief Rojas and City Manager Cavazos on gang injunction; • Spoke of homeless issues - City has worked with various county departments over the years; philosophically opposed to building shelters in residential neighborhoods; • Suggest that Code of Conduct and Ethics Council Committee Meeting convene to consider rules and procedures for reporting violations; • Commented that she provided bike tour of Golden Trail to new City Manager Cavazos; and CITY COUNCIL MINUTES 23 NOVEMBER 4, 2013 1 OA -23 • Congratulated Ritter's Steam Kettle Cooking Restaurant on upcoming grand opening. Councilmember Sarmiento: • Echoed commented by Councilmember Martinez on need to hold a Code of Conduct and Ethics Council Committee meeting; • Commented on pressing issues regarding homelessness; Supervisor Moorloch asked that we support old transit area to be used for accommodations; opined that all cities need to address problem communally; • Recognized leadership of Judge Nguyen; • Noted that Dia de los Muertos event attracted 25,000 people; great success! and • Supports City Manager's recommendation to establish an Arts and Culture Commission - long time coming; feasibility study needed; address mural and utility box program. Mayor Pro Tern Tinajero: • Thanked Parks, Recreation and Community Services Executive Director Gerardo Mouet for installing stalls at City parks; and • Reported that Code of Conduct and Ethics Council Committee to convene meeting in the next 2 weeks. Councilmember Amezcua: • Thanked staff for coordinating "Dia de los Muertos" events; and • Concerned with homelessness; services to be promoted; elected officials need to meet with county and surrounding communities to address the problem. Councilmember Reyna: • Encourage all to conserve water; • Noted that "Dia de los Muertos" event in Downtown Santa Ana was well attended; diverse groups; family event; kudos to organizers; • Opined that Tet Festival in Santa Ana would be great; • Look forward to adding Arts and Culture Commission; • Gang injunction to be discussed at upcoming Public Safety Council Committee; and • Urged all to shop in Santa Ana. Councilmember Benavides: • Commented on weekend events — Monthly Artist Village Open House, Eastside Open Air Concert and "Dia De Los Muertos'; • Recognized committee that organized the "Noches de Altares ", including Calacas and Centro Cultural de Mexico; • LULAC held annual dinner; congratulated Councilwoman Martinez for receiving Woman of the Year award; CITY COUNCIL MINUTES 24 NOVEMBER 4, 2013 1 OA -24 • Reported that past Sunday served at Issah House; reflected on challenges faced by many; need to engage with County Board of Supervisors to collectively discuss solutions to problems; • Asked Fire Battalion Chief Scott Brown when the Orange County Fire Authority's equity issue that would add stability and protect cash cities would be considered; Chief Brown indicated that it was agendized for the November 18, 2013 City Council Meeting; and • Advocated for all to shop in Santa Ana. Mayor Pulido: • Spoke of expansion efforts over the years of Artist Village to make Santa Ana a more vibrant city; • Commented on possibility of bringing back Tet Festival to Santa Ana, where it began; and • Request staff to repair sidewalk at corner of 19th and Broadway. ADJOURNED - 9:37 P.M. - The next meeting of the City Council is scheduled for Monday, November 18, 2013 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California Maria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS Street Car Project Locally Preferred Alignment • Public Hearing on Sexlinger Property Adoption of Strategic Plan Harbor Blvd. Mixed -Use Plan CITY COUNCIL MINUTES 25 NOVEMBER 4, 2013 1 OA -25 1 OA -26