HomeMy WebLinkAbout10A - MINUTES 11-18-2013CALLED TO ORDER
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
NOVEMBER 18, 2013
CLOSED SESSION MEETING
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
5:07 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
ANGELICA AMEZCUA
P. DAVID BENAVIDES (5:09 P.M.)
MICHELE MARTINEZ
ROMAN A. REYNA (5:09 P.M.)
VINCENT F. SARMIENTO
COUNCILMEMBERS Absent:
SAL TINAJERO, Mayor Pro Tern
STAFF Present:
DAVID CAVAZOS, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
PUBLIC COMMENTS — None
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(d)(1)
Manuel Novella vs. City of Santa Ana, case numbers #ADJ8587984,
ADJ8065209, ADJ4179053 and Unassigned.
• Anthony Silva v. City of Santa Ana and Eugenio Sanchez, Orange
County Superior Court case number 30 -2012- 00596622.
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JOINT ITEM – Gerald Feebler v. California Department of Finance, Ana
Matosantos, et al, County of Sacramento Superior Court Case No. 34-
2012- 80001172, awaiting Court of Appeal Case Number.
113 CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION
pursuant to Government Code Section 54956.9(d)(4)
One matter.
*Councilmember Benavides recused from this matter due to his business
affiliation. He left the room and did not participate in the discussion of the
matter.
CLOSED SESSION REPORT – See Item 19A. for Report.
ADJOURNED THE CLOSED SESSION MEETING AT 5:38 P.M. AND CONVENED TO
THE REGULAR OPEN MEETING
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REGULAR OPEN SESSION
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
5:45 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
SAM THOMPSON, POLICE CHAPLAIN
CERTIFICATE OF RECOGNITION presented by MAYOR PULIDO to Paul Musco,
Owner of Gemini Industries, for his service to the community.
CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER SARMIENTO
to Orange County Toy Collaborative — Orange County Social Services, Dee Azevedo;
Orange County Fire Authority, Lynnette Round; U.S. Marines, Staff Sergeant Cedrick
McKenzie; USMC Retired, Mauricio Velarde; USMC Retired, Max Madrid; and Society
of St. Vincent De Paul, Demetria Lee for helping to gather and deliver toys to needy
children at Christmas time.
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CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to
Tennis Star Vic Braden for his work in educating children on Diabetes and the
importance of good nutrition and eating well.
CLOSED SESSION REPORT — City Attorney Carvalho reported that by a 7 -0 vote
approved Manuel Novella vs. City of Santa Ana in the amount of $39,000; the Anthony
Silva v. City of Santa Ana and Eugenio Sanchez in the amount of $9,000; and by a vote
of 6 -0 Closed Session Item 1B instructed staff to work with outside counsel to work on
receivership matter (Benavides abstained).
PUBLIC COMMENT
• Albert Castillo, spoke of police shooting victim; also perceived conflict of interest with
Mayor on recent NAPA contract.
• Vanessa Serta, spoke of gang injunction and personal challenges if City continues
with program; opined that social programs needed; want safe community including
resources and programs.
• Carolyn Torres, spoke in opposition to gang injunctions at Townsend Neighborhood;
seeks support to stop injunction; request meeting with Police Chief and staff to
further discuss the matter.
• Councilmember Benavides noted that Public Safety Council Committee will be
considering matter at Public Safety Council Committee on November 26 at 6
p.m., in the Police Community Room.
• Sarah Guerrero, representing South Coast Repertoire, invited all to "I Love
Dialogos" and their upcoming events on November 19, 22, and 25th.
• Alfredo Amezcua, spoke on behalf of Santa Ana Coalition for Better Government,
concerned with article in Voice of OC regarding potential conflict of interest with
Mayor; concerned that issue discovered months after occurrence; members need to
recuse for personal or indirect interest; request thorough investigation of matter and
sanction if warranted.
• Peter Katz, invited all to Comlink's Annual Veterans and First Responders event.
• Barbara Lemere, spoke of parking issues at Centennial Park generated by Santa
Ana College; parking lot needs resurfacing; request City acquire land back.
• Alex Vega, spoke of various transparency issues.
• Barry Levine, offered comments on 11D, spoke in opposition to project; alleged
misappropriated of contributions.
CONSENT CALENDAR ITEMS
MOTION: Approve Consent Calendar Items 10A through 31E as
recommended by staff with the following modifications:
• Councilmember Amezcua out of an abundance of caution, abstained on Agenda
Item 11 D due to campaign contribution;
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• Councilmember Benavides abstained on Agenda Item 11 B;
• Mayor Pro Tern Tinajero abstained on Agenda Item 11 C and 22A;
o After Consent vote taken, Mayor Pro Tern corrected abstention on Agenda
Item 11 C and not 11 D as earlier recorded.
• Councilmember Sarmiento abstained on Agenda Item 31 C and 31 D out of an
abundance of caution due to potential property interest; and
• Staff recommended continuation of Agenda Item 11 C
o After Consent vote taken, City Council re -voted on continuing Agenda Item
11 C and not 11 B as considered earlier.
MOTION: Benavides
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
MINUTES
SECOND: Sarmiento
Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
None (0)
None (0)
None (0)
ADMINISTRATIVE MATTERS
10A. MINUTES FROM THE REGULAR MEETING OF NOVEMBER 4, 2013
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. ORDINANCE ADOPTING THE UPDATED CALIFORNIA AND
INTERNATIONAL BUILDING AND FIRE CODES WITH AMENDMENT
AND REQUISITE FINDINGS - Planning and Building Agency
Placed on first reading at the November 4, 2013 City Council meeting and
approved by a vote of 7 -0.
Published in the Orange County Reporter on November 8, 2013.
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MOTION: Place ordinance on second reading and adopt.
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
11B. AMENDMENT APPLICATION NO. 2013 -03 TO REZONE FOUR
PROPERTIES FROM MULTIPLE - FAMILY RESIDENCE (R3) TO
GENERAL COMMERCIAL (C2) AT 909 NORTH GRAND AVENUE -
Planning and Building Agency
Placed on first reading at the November 4, 2013 City Council meeting and
approved by a vote of 6 -0 (Benavides abstained).
Published in the Orange County Reporter on November 8, 2013.
MOTION: Place ordinance on second reading and adopt.
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)
*Councilmember Benavides abstained on Agenda Item 11 B.
Placed on first reading at the November 4, 2013 City Council meeting and
approved by a vote of 7 -0.
Published in the Orange County Reporter on November 8, 2013.
MOTION: Continue consideration of matter to the December 2, 2013
City Council meeting at the request of staff.
MOTION: Martinez SECOND: Sarmiento
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VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento (6)
NOES: None (0)
ABSTAIN: Tinajero (1)
ABSENT: None (0)
11 D. ZONING ORDINANCE AMENDMENT NO. 2013 -03 FOR A NEW MULTI-
FAMILY RESIDENTIAL DEVELOPMENT AT 301 EAST JEANETTE LANE
VINEYARD DEVELOPMENT- Planning and Building Agency
Placed on first reading at the November 4, 2013 City Council meeting and
approved by a vote of 6 -0 ( Amezcua abstained).
Published in the Orange County Reporter on November 8, 2013.
MOTION: Place ordinance on second reading and adopt.
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)
*Councilmember Amezcua abstained on Agenda Item 11D due to a
campaign contribution.
BOARDS / COMMISSIONS / COMMITTEES
13A. APPOINT REPRESENTATIVE TO THE SANTA ANA RIVER FLOOD
PROTECTION AGENCY - Clerk of the Council Office
MOTION: Appoint William Galvez, Acting Director of Public Works as
the City's representative to the Santa Ana River Flood Protection
Agency.
13B. COUNCIL COMMITTEE REPORTS — Planning and Building Agency
MOTION: Receive and file Development and Transportation City
Council Committee Minutes of September 3, 2013, September 5, 2013
and September 9, 2013.
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MISCELLANEOUS ADMINISTRATION
19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's
Office
MOTION: Approve as follow:
• AGMT NO. 2013 -179 - Manuel Novella vs. City of Santa Ana, case
numbers #ADJ8587984, ADJ8065209, ADJ4179053 and Unassigned;
settlement in the amount of $39,000.
• AGMT NO. 2013 -180 -Anthony Silva v. City of Santa Ana and Eugenio
Sanchez, Orange County Superior Court case number 30 -2012-
00596622; settlement in the amount of $9,000.
• Initiation of Litigation - One matter; instructed staff to work with outside
counsel on receivership matter.
*Councilmember Benavides recused from this matter due to his
business affiliation. He left the room and did not participate in the
discussion of the matter.
19B. EXCUSED ABSENCES — None
19C. REQUEST FOR PROPOSALS FOR POLICE DEPARTMENT
INTEGRATED SOFTWARE SYSTEM - Police Department
MOTION: Authorize the Police Department to issue a Request for
Proposals (RFP) to qualified companies to provide an integrated
software system for the Police Department.
19D. REQUEST FOR PROPOSALS FOR FEDERAL EMERGENCY
SOLUTIONS GRANT FUNDED HOMELESS EMERGENCY
ASSISTANCE - Community Development Agency
MOTION: Authorize the Community Development Agency to release
a Request for Proposals to tax - exempt non - profit corporations that
provide services for homeless and at -risk of homelessness that are
eligible under the federal Emergency Solutions Grant (ESG) program.
BUDGETARY MATTERS
SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES
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22A. SPEC. NO. 11 -060 - ASPHALT STREET MAINTENANCE - (Public Works
Agency) - Finance & Management Services
MOTION: Renew the contract with Ben's Asphalt Inc. for a two -year
period in an amount not to exceed $630,000 annually, subject to non -
substantive changes approved by the City Manager and City
Attorney.
*Councilmember Tinajero abstained on Agenda Item 22A due to a
campaign contribution.
22B. SPEC. NO. 10 -040 - POTHOLE REPAIR - (Public Works Agency) -
Finance & Management Services
MOTION: Renew the contract with Ben's Asphalt, Inc., for a one -year
period in an amount not to exceed $450,000, subject to non -
substantive changes approved by the City Manager and City
Attorney.
22C. SPEC. NO. 12 -062 - ANIMAL FOOD (Parks, Recreation & Community
Services Agency) - Finance & Management Services
MOTION: Renew the contract with Midway City Feed Company for a
one -year period in an annual amount not to exceed $35,000, subject
to non - substantive changes approved by the City Manager and City
Attorney.
AGREEMENTS
25A. AGMT NO 2013 -173 - FIRE STATION CAPITAL IMPROVEMENTS -
Community Development Agency
Continued from the October 21, 2013 City Council Meeting by a vote of 7-
0.
MOTION: Authorize the City Manager and Clerk of the Council to
execute an agreement with Orange County Fire Authority in the
amount of $890,000, subject to non - substantive changes approved
by the City Manager and City Attorney.
2513. AGMT NO 2013 -174 - INTEGRATED SOFTWARE SYSTEM
CONSULTING SERVICES - Police Department
MOTION: Authorize the City Manager and Clerk of the Council to
execute an amendment with Cit Com Inc. in an amount of $36,700,
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subject to non - substantive changes approved by the City Manager
and City Attorney.
25C. AGMT NO 2013 -175 - COMPUTER AIDED DISPATCH SYSTEM
MAINTENANCE AND SUPPORT SERVICES - Police Department
MOTION: Authorize the City Manager and the Clerk of the Council to
execute an amendment with Tiburon, Inc. in an amount not to exceed
$39,000, subject to non - substantive changes approved by the City
Manager and City Attorney.
25D. AGMT NO 2013 -176 - ANNUAL MAINTENANCE AND SUPPORT OF
POLICE DIGITAL IMAGING MANAGEMENT SYSTEM - Police
Department
MOTION: Direct the City Attorney to prepare and authorize the City
Manager and the Clerk of the Council to execute an agreement with
Linear Systems, in an amount not to exceed $29,999.
25E. AGMT NO 2013 -177 - JOINT POWERS AUTHORITY AGREEMENT
WITH ORANGE COUNTY FIRE AUTHORITY (OCFA) STRUCTURAL
FIRE FUND - Fire Department
MOTION:
1) Approve and direct the City Manager to execute a second
amendment to the amended Orange County Fire Authority Joint
Powers Authority Agreement.
2) Authorize the City Attorney to join in supporting the Orange
County Fire Authority's validation actions, when filed, seeking to
obtain a judicial declaration of the validity of the second
amendment to the amended Joint Powers Authority agreement.
25F. AGMT NO 2013 -178 — RECEIVERSHIP LITIGATION SUPPORT
SERVICES - City Attorney's Office
MOTION: Authorize the City Manager and the Clerk of the Council to
approve an agreement with Silver & Wright, LLP in an amount not to
exceed $40,000, subject to non - substantive changes approved by the
City Manager and City Attorney.
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MISCELLANEOUS - BUDGET
29A. 2013 -2014 ANNUAL ACTION PLAN SECOND SUBSTANTIAL
AMENDMENT FOR HOMEBUYER DOWN PAYMENT ASSISTANCE
LOAN PROGRAM - Community Development Agency
Finance, Economic Development and Technology Committee approved
recommended action by a vote of 3 -0 on October 14, 2013.
Community Redevelopment and Housing Commission approved
recommended action by a vote of 6 -0 (Sandoval absent) on November 5,
2013
MOTION:
1. Approve a second substantial amendment to the 2013 -14 Annual
Action Plan approving a new program activity using Community
Development Block Grant funds and HOME Investment
Partnerships Program funds, and authorizing its submittal to the
U.S. Department of Housing and Urban Development.
2. Adopt the Homebuyer Down Payment Assistance Loan Program
and allocate $280,000 of HOME Investment Partnerships Program
funds and $120,000 of Community Development Block Grant
(CDBG) funds for program funding.
LAND USE MATTERS
CONDITIONAL USE PERM ITIVARIAN CES
31 A. CONDITIONAL USE PERMIT NO. 2013 -12 TO ALLOW A TYPE 47 ABC
LICENSE, CONDITIONAL USE PERMIT NO. 2013 -13 TO ALLOW
AFTER -HOURS OPERATION, AND CONDITIONAL USE PERMIT NO.
2013 -14 TO ALLOW A BANQUET USE FOR THE VOLSTEAD AT 207
WEST SECOND, UNIT A — TIM MORLEY, APPLICANT - Planning and
Building Agency
Planning Commission approved recommended action on October 28,
2013, by a vote of 6 -0 (Alderete abstained).
MOTION: Receive and file the staff report approving Conditional Use
Permit No. 2013 -12 as conditioned, Conditional Use Permit No. 2013-
13 as conditioned, and Conditional Use Permit No. 2013 -14 as
conditioned.
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31 B. CONDITIONAL USE PERMIT NO. 2013 -31 TO ALLOW A TYPE 41 ABC
LICENSE, CONDITIONAL USE PERMIT NO. 2013 -29 TO ALLOW
AFTER -HOURS OPERATION, AND CONDITIONAL USE PERMIT NO.
2013 -30 TO ALLOW A BANQUET USE FOR THE ROBBINS NEST
RESTAURANT AT 207 EAST SECOND STREET, UNIT B - VINCE
CANINO, APPLICANT - Planning and Building Agency
Planning Commission approved recommended action on October 28,
2013, by a vote of 6 -0 (Alderete abstained).
MOTION: Receive and file the staff report approving Conditional Use
Permit No. 2013 -31 as conditioned, Conditional Use Permit No. 2013-
29 as conditioned, and Conditional Use Permit No. 2013 -30 as
conditioned.
31 C. CONDITIONAL USE PERMIT NO. 2012 -11 -MOD TO MODIFY A TYPE 47
ABC LICENSE, CONDITIONAL USE PERMIT NO. 2012 -12 -MOD TO
ALLOW AFTER -HOURS OPERATION, AND CONDITIONAL USE
PERMIT NO. 2012 -13 -MOD TO ALLOW A BANQUET USE FOR THE
PLAYGROUND AT 220 EAST FOURTH STREET - BOB QUINN -
Planning and Building Agency
Planning Commission approved recommended action on October 28,
2013, by a vote of 7 -0.
MOTION: Receive and file the staff report approving modifications to
Conditional Use Permit No. 2012 -11 -MOD as conditioned, Conditional
Use Permit No. 2012 -12 -MOD as conditioned, and Conditional Use
Permit No. 2012 -13 -MOD as conditioned.
*Councilmember Sarmiento abstained on Agenda Item 31C out of an
abundance of caution.
31 D. CONDITIONAL USE PERMIT NO. 2013 -45 TO ALLOW A TYPE 41 ABC
LICENSE FOR AU NATURAW RESTAURANT AT 206 NORTH
BROADWAY, UNITS A AND B - WILLIAM MASON, APPLICANT -
Planning and Building Agency
Planning Commission approved recommended action on October 28,
2013, by a vote of 7 -0.
MOTION: Receive and file the staff report. approving Conditional Use
Permit No. 2013 -45 as conditioned.
*Councilmember Sarmiento abstained on Agenda Item 31D out of an
abundance of caution.
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31 E. CONDITIONAL USE PERMIT NO. 2013 -42 TO ALLOW A DOG KENNEL
AT 2110 SOUTH YALE STREET — BUFF DOG KENNEL, APPLICANT -
Planning and Building Agency
Planning Commission approved recommended action on October 28,
2013 by a vote of 7 -0.
MOTION; Receive and file the staff report approving Conditional Use
Permit No. 2013 -42 as conditioned.
* *END OF CONSENT CALENDAR **
BUSINESS CALENDAR ITEMS
PUBLIC HEARINGS
75A. PUBLIC HEARING — ORDINANCE SECOND READING FOR
AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2007 -01, AND
APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 2013 -04 AND
SITE PLAN REVIEW NO. 2013 -03 FOR A NEW MULTI - FAMILY
RESIDENTIAL DEVELOPMENT AT 1901 EAST FIRST STREET — LYON
COMMUNITY DEVELOPMENT, APPLICANT - Planning and Building
Agency
Planning Commission approved recommended action by a vote of 7 -0 on
August 26, 2013
Ordinance placed on first reading at the October 21, 2013 City Council
meeting and approved by a vote of 6 -0 (Reyna absent).
Continued from the October 21, 2013 City Council meeting by a vote of 6-
0 (Reyna absent).
Ordinance title and legal notice for public hearing published in the Orange
County Reporter on November 8, 2013; notices mailed on November 7,
2013.
Staff report presentation by Executive Director of Planning and Building,
Jay Trevino.
Lyon Communities Residential Development - 1901 East First Street
VTTM No. 2013 -4 and Site Plan Review No. 2013 -3
Project Description
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• New 264 -unit multi - family development
• Three and five -story buildings
• Mixture of flats and townhome units
• Extensive project amenities
• Recreation facilities
• Open Spaces
• Retail component
• Affordable units
Site Description
• C -5 zoning with MEMU Overlay
• GP designation of District Center
• Surrounded by office, retail and vacant parcels
Vesting Tentative Tract Map
• Map for condominium purposes to allow future sale of units
• Project consistent with City and State provisions
• CC &R's to address occupancy, outdoor storage and common area
maintenance
Site Plan Review
• Required for all development projects with MEMU Overlay Zone
• Review ensures compatibility with design principles of MEMU
document:
o Parking
o Setbacks
o Architecture
o Massing
o Facades
Project Analysis
• Project in compliance with provisions of the MEMU zone
• Amenity package consistent with similar projects citywide
• Project will serve as catalyst for investment in the MEMU Overlay Zone
area
Planning Commission Action
• Received public testimony on the development project from concerned
citizens
• Voted 7:0 to recommend that the City Council approve the entitlements
for the project
Recommendation
• Recommend that the City Council:
• Approve Vesting Tentative Tract Map No. 2013 -4 as conditioned
• Approve Site Plan Review No. 2013 -3 as conditioned
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Mayor Pulido opened the Public Hearing. There were no speakers or
written communication received; the Hearing closed.
Councilmember Sarmiento noted that Developer was going to pay an in-
lieu fee, but was able to reconfigure project; now low income units will be
built on site; request that developer work on providing homes to lower
range applicants to meet City objective.
MOTION:
1. Place ordinance on second reading and adopt.
ORDINANCE NS -2850 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO
THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
SANTA ANA AND LYON HOUSING (FIRST STREET) XLVIII, LLC
2. Adopt a resolution.
RESOLUTION NO. 2013 -055 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING
TENTATIVE TRACT MAP NO. 2013 -04 AS CONDITIONED AND
APPROVING SITE PLAN REVIEW NO. 2013 -03 AS CONDITIONED
FOR THE PROPERTY LOCATED AT 1901 EAST FIRST STREET
MOTION: Tinajero SECOND: Amezcua
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, , Reyna,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
75B. PUBLIC HEARING - ORDINANCE TEMPORARILY DEFERRING
COLLECTION OF DEVELOPMENT IMPACT FEES - Planning and Building
Agency
Legal Notice published in the O.C. Reporter on November 8, 2013.
Staff report presentation by Executive Director of Planning and Building,
Jay Trevino.
Ordinance Deferring Collection of Development Impact Fees
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Program Details
• Program intended to encourage investment, jobs and housing
• Similar to fee deferral programs adopted in 2008, 2011 and 2012
• Adopted by 75+ jurisdictions statewide
• Allows fees to be differed until Certificate of Occupancy or one year
from permit issuance
• Ordinance period extended from one -year to three -years to increase
flexibility
Eligible Fees
• Parks Acquisition and Development Fee
• Drainage Area Master Plan Fee
• Transportation System Improvement Fee (TSIP)
• Major Thoroughfare and Bridge Fee
• Fire Facilities Fee
• Sewer Connection Fee
Recommendation
• Adopt Ordinance to temporarily defer collection of development impact
fees
Mayor Pulido opened the Public Hearing. There were no speakers. The
Building Industry Association submitted letter of support for the record.
Mayor Pulido closed the Hearing.
Councilmember Benavides noted that program will support continued
economic development and business friendly initiatives; consider
establishing an economic development partnership with Chamber of
Commerce to improve our services and business climate.
MOTION: Place ordinance on first reading and authorize publication
of title.
ORDINANCE NO. NS -2855 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA TO TEMPORARILY SUPERSEDE
CERTAIN PROVISIONS OF THE SANTA ANA MUNICIPAL CODE AND
TO PERMIT DEVELOPERS TO DEFER PAYMENT OF CERTAIN
DEVELOPMENT IMPACT FEES
MOTION: Martinez SECOND: Benavides
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, , Reyna,
Sarmiento, Tinajero (7)
NOES: None (0)
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ABSTAIN: None (0)
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 RESOLUTION SUPPORTING
THE UNITED STATES POSTAL REFORM LEGISLATION —
(Councilmembers Benavides, Reyna, and Amezcua)
Councilmember Benavides requested that item be brought forward at next
City Council meeting.
MOTION: Place resolution on the December 2, 2013 City Council
meeting for consideration.
MOTION: Benavides SECOND: Reyna
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, , Reyna,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
WORK STUDY SESSION
WSA. CREATION OF ARTS AND CULTURE COMMISSION - Parks, Recreation
& Community Services Agency
Presentation by Parks, Recreation and Community Services Executive
Director, Gerardo Mouet.
SUMMARY
I. Creation of Arts and Culture Commission to champion the
development, promotion and sustainability of Santa Ana's vibrant arts
and cultural community
II. In the recent Strategic Planning survey, 40% of the community
respondents identified Arts and Culture among their top five priority
areas. Several respondents commented that Arts and Culture will have
a direct link to improved economic development in Santa Ana
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III. Proposed Commission duties and Commissioner composition are
described below and will be part of the proposed Ordinance at the
December 2 Council meeting
IV. The concept of a new City Commission on Arts and Culture was first
discussed at the October 28 Parks, Recreation, Education, and Youth
(PREY) Council Committee meeting. The PREY Committee expressed
their support and desire to see the proposed new Commission come
before the entire City Council.
V. Staff has been conducting outreach to individuals and groups from the
arts and culture community to get their feedback on the proposed new
Commission and will continue to do so. Please let us know whom you
would like to recommend for staff to follow up and meet to get their
perspective on this proposed new Commission.
Commission Duties
• Champion the development, promotion and sustainability of Santa
Ana's vibrant arts and cultural community
• Will advise the City Council on priorities and identify resources to
support artists and cultural institutions
• Will promote cultural programs and events
• Will advocate for and educate the public on the value of the arts
• Will foster public and private partnerships to sustain these efforts
• Develop a Sister Cities Program
Commissioners
• Residents of Santa Ana and citizen volunteers, appointed by the Mayor
and City Council
• The commission will include representatives from the art, cultural,
business and education communities and the general public
• Will advise the City Council on priorities and identify resources to
support artists and cultural institutions
• Will promote cultural programs and events
• Will advocate for and educate the public on the value of the arts
• Will foster public and private partnerships to sustain these efforts
• All Volunteer Commission — No compensation
Outreach to Art and Culture Community
• Arts Orange County — Richard Stein
• Workshop for Community Arts — Alicia Rojas, Adriana Alexander,
Moises Camacho, Chilo Perez, Elizabeth Cardenas Sevilla, and Lara
Montagne
• United Artist of Santa Ana — Sandra "Pocha" Sarmiento, Victor Payan,
and Mathew Southgate
• Don Crib, President of Santa Ana Council of Arts and Culture
• Mike McGee, Professor, Department of Visual Arts, CSUF
• Silvia Volcan, Misfit #9 Gallery/Art Forum, and Artist
Next Steps
CITY COUNCIL MINUTES 18 NOVEMBER 18, 2013
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• December 2 Council considers approving Commission to establish an
Arts and Culture Commission
• The City Manager's Office will coordinate and approve staffing within
existing department budgets
• Commissioner applications will be developed with candidate
background areas such as art, culture, business, and education
emphasized
• City Council will consider appointing commissioners from January
through March with a goal to have the first Commission meeting by
April
City Council discussion ensued.
Councilmember Martinez, thanked colleagues from Parks, Recreation,
Education, and Youth Council committee for proposing commission; asked
for budget implications, if any, since City adopted 2 year budget.
City Manager Cavazos indicated that existing vacant positions will be used
to staff Commission, since it has been a priority area as noted by the
Committee.
Councilmember Martinez, request staff and fiscal information prior to
Council adoption; avoid false sense of hope for commissioners and
community if not sustainable; supports Sister City Program, full Council
need to approve selection of city.
Councilmember Sarmiento echoed comments by Councilmember
Martinez and City Manager Cavazos; thanked staff for brining matter
forward; need forum to discuss economic impacts of commission.
Mayor Pro Tern Tinajero commented that community wants and needs
commission; respectful of commissions we have collapsed in the past.
Councilmember Amezcua indicated that murals at Santa Ana Plaza
should be handled by commission; supports concept.
Councilmember Benavides said that commission will allow for expansion
of art movement; potential for economic development; proposed small
stipend consistent with existing commissions.
Parks, Recreation and Community Services Executive Director Mouet
noted that aggressive communication implemented; groups have been in
favor; request models from other cities and all comments received to be
circulated to Council as informational.
Councilmember Reyna, excited about public art; will highlight County seat;
utility box art program amongst other efforts will benefit from commission.
CITY COUNCIL MINUTES 19 NOVEMBER 18, 2013
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Mayor Pulido reflected on defunct Santa Ana Arts Council; suggested that
staff review bylaws as reference; staff to proceed but de- couple from other
commissions; manage expectations and accomplishments with
measurable means; thanked PREY committee and City Manager for
proposing.
Victor Payan, spoke on behalf of United Artist of Santa Ana in support of
Arts Commission; draw from professional artist in the community and
representation from all Wards.
COMMENTS
90A CITY MANAGER'S COMMENTS - None
90B CITY COUNCILMEMBER COMMENTS:
Councilmember Amezcua:
• Commented on Orange County Fire Authority's project to remove
vegetation on City's right -of -way that pose fire danger at the Santiago
Creek; thanked City Manager and Fire Chief Brown for effort; and
• Wished all a Happy Thanksgiving.
Councilmember Reyna:
• Encouraged all to conserve water;
• Commented on Walk and Talk Tour led by Irma Macias; well attended
and informative;
• Commented on Latino Health Access' Wellness Corridor and Resource
Fair over the weekend and Grand Opening ceremony held earlier
today for Garfield Community Center;
• Encouraged all to shop in Santa Ana; and
• Wished all Happy Holidays.
Councilmember Benavides:
• Wellness Corridor Kick -Off and Bike Ride event well attended by
elected officials and residents;
• Wished all Happy Thanksgiving; grateful for all blessings and family;
• Invited all to participate in Orange Friday (November 26) to work -out at
5 a.m. at the Santa Ana Bowl; and
• Urged all to shop and support local businesses.
Councilmember Martinez:
• City held ribbon cutting of Garfield Community Center; students to use
facility during the day and residents in the evening; thanked community
CITY COUNCIL MINUTES 20 NOVEMBER 18, 2013
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for holding City Council accountable; children have state of the art
facility with technology and resources; partnerships and joint use
efforts enabled project;
• Housing Element released for public comments; encouraged all to
participate; walk and talk tours help identify areas of concern for the
City; need public's input before City Council makes policy decision;
• Opined that Wellness Corridor led by America Braccho of Latino
Health Access has mobilized community leaders and residents;
• Spoke of traffic safety - thanked Acting Police Chief, Carlos Rojas and
Acting Public Works Director, William Galvez for efforts to protect
residents; spoke of Long Range Transportation Plan by OCTA to
increase speeds - don't support plan, need to reduce speed; speed at
major arterials is important to address;
• Reflected on Thanksgiving — family, health, and positive thinking.
Councilmember Sarmiento:
• Congratulated Councilmember Martinez on Wellness Corridor Steering
Committee efforts;
• Thanked colleagues on joint use committee for making Garfield
Community Center a reality; also brought Willard and soon Roosevelt
Walker; City has committed funds for sustainability of Centers;
• Approved several conditional use permits on alcohol and beverage
control license, suggest study session on issuing licenses;
• Wished all a Happy Thanksgiving.
Mayor Pro Tern Tinajero:
• Commented on Orange County Fire Authority's month -end report that
will outline activities throughout the County and City and will be posted
on City's website;
• Congratulated Segerstrom and Santa Ana Valley high schools for
advancing to playoffs; recognize at upcoming meeting; Santa Ana
Valley won league championship;
• Pop Warner wrapped season; new football league allows all Santa Ana
players to play together - nice concept; increased opportunities for
youth with AYSO, football groups and girls soccer leagues; discipline
learned carries over to adult life; and
• Thanksgiving is time to reflect and appreciate family; thanked wife,
Jennifer, for tremendous support; congratulated her for finishing her
Masters Degree in December.
Mayor Pulido:
• Thanked loved ones for support;
• Request staff to coordinate meeting with Councilmember Martinez,
Public Works and Orange County Transportation Authority to discuss
reduction of speeds and review different methodology - pedestrian
safety important; early influence important;
CITY COUNCIL MINUTES 21 NOVEMBER 18, 2013
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• Commented on Wellness Corridor and paradigm shift; thanked
Councilmember Martinez for leadership - create exercise area,
walkability, coordinate activities and encourage movement;
• Attended Walk and Talk tour; well attended and informative; staff to
follow up on needs - trees needed to enhance area; thanked Irma
Macias for coordinating event; and
• Happy Thanksgiving to all.
ADJOURNED- 8:03 P.M. - The next meeting of the City Council is scheduled for
Monday, December 2, 2013 at 5:00 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 22 NOVEMBER 18, 2013
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