HomeMy WebLinkAbout2011-08-01 RegularMINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
AUGUST 1, 2011
CLOSED SESSION MEETING
CALLED TO ORDER COUNCIL CHAMBER
CONFERENCE ROOM 147
22 CIVIC CENTER PLAZA
SANTA ANA, CA
5:12 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL PULIDO, Mayor (5:15 p.m.)
CLAUDIA C. ALVAREZ, Mayor Pro Tern (5:25
P.M.)
P. DAVID BENAVIDES
CARLOS BUSTAMANTE
MICHELE MARTINEZ
VINCENT F. SARMIENTO
SAL TINAJERO (5:30 p.m.)
COUNCILMEMBERS Absent:
None
STAFF Present:
PAUL M. WALTERS, Interim City Manager
JOSEPH STRAKA, Interim City Attorney
MARIA D. HUIZAR, Clerk of the Council
Quorum was established thru presence of Councilmembers Bustamante, Benavides,
Martinez, and Sarmiento.
Motion made by Councilmember Benavides, seconded by Councilmember Sarmiento to
elect Councilmember Bustamante Chair (pursuant to SAMC 2-101 due to unavailability
of Mayor and Mayor Pro Tem).
MOTION: Benavides SECOND: Martinez
VOTE: AYES: Benavides, Bustamante, Martinez, Sarmiento
(4)
NOES: None (0)
CITY COUNCIL MINUTES 1 AUGUST 1, 2011
ABSTAIN:
ABSENT:
PUBLIC COMMENTS - None
CLOSED SESSION ITEMS
None (0)
Alvarez, Pulido, Tinajero (3)
1A CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
pursuant to Government Code Section 54956.9(a)
Ronald Irwin vs City of Santa Ana, WCAB Nos.: ADJ2028717;
ADJ4596564; ADJ1158415; ADJ294547
Michael Buren vs City of Santa Ana, WCAB Case Nos. ADJ7498250, et
al; Case Settlement Request.
*Mayor Pulido arrived at 5:15 p.m. and assumed the Chair.
Kim Steve Nancy and Yung v. City of Santa Ana, City of Buena Park
United States District Court Case No. SACV09-01153 CJC (ANx)
*Councilmember Sarmiento indicated for the record that he had a conflict
of interest and left the room at 5:24 p.m.
Resendiz, Adrian v. City of Santa Ana
Orange County Superior Court Case No.: 30-2010 00337383
1 B CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
pursuant to Government Code Section 54956.9(b) - One (1) anticipated
matter *
*Mayor Pulido and Councilmember Sarmiento indicated for the record that
they had a conflict of interest and left the room at 6:38 p.m. and did not
return to the Closed Session meeting.
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 Officers Association
(POA)
CITY COUNCIL MINUTES 2 AUGUST 1, 2011
Santa Ana Police Management Association
(PMA)
Santa Ana Firemen's Benevolent
Association (FBA)
Santa Ana Fire Management Association
(FMA)
Service Employees' International Union
(SEIU) Full-Time Employees
Service Employees' International Union
(SEIU) Part-time Civil Service
Employees
Confidential Association of Santa Ana
(CASA)
Santa Ana Management Association
(SAMA)
Agency Negotiator: Interim City Manager, Paul M. Walters
Employee Organizations: Executive Management (EM)
1D PUBLIC EMPLOYEE EMPLOYMENT AND APPOINTMENT pursuant to
Government Code Section 54957(b)(1)
Title: City Attorney; and City Manager
CLOSED SESSION REPORT - See Item 19A. for Report.
ADJOURNED THE CLOSED SESSION MEETING AT 7:02 P.M. AND CONVENED TO
THE REGULAR OPEN MEETING
CITY COUNCIL MINUTES 3 AUGUST 1, 2011
REGULAR OPEN SESSION
CALLED TO ORDER
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
7:03 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL PULIDO, Mayor
CLAUDIA C. ALVAREZ, Mayor Pro Tern
P. DAVID BENAVIDES (7:07 p.m.)
CARLOS BUSTAMANTE
MICHELE MARTINEZ
VINCENT F. SARMIENTO
SAL TINAJERO (7:17 p.m.)
COUNCILMEMBERS Absent:
None
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS
STAFF Present:
PAUL M. WALTERS, Interim City Manager
JOSEPH STRAKA, Interim City Attorney
MARIA D. HUIZAR, Clerk of the Council
MAYOR PULIDO
Roger Aragon, Police Chaplain
EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to:
25 YEARS OF SERVICE Willard V. Holt, Revenue Supervisor, Finance &
Management Services
CERTIFICATES OF RECOGNITION presented by COUNCILMEMBERS
BENAVIDES and BUSTAMANTE to the Independence Day Sponsors - Cordoba
Corporation; Edison Company; AT&T; Crevier Motors; Waste Management;
Knowlwood Enterprises; C&C Development; Ware Disposal; TNT Fireworks;
SAFBA; Chase Development; Elite Special Events; CA Team Realty; Gay
Neighbors, Family and Friends; Liberty House of OC; Santa Ana Police Officers
Association and Santa Ana/SCE Energy Partnership for their contribution to the
Independence Day Celebration held on July 3, 2011.
CLOSED SESSION REPORT - Refer to Agenda Item 19A for Report.
CITY COUNCIL MINUTES 4 AUGUST 1, 2011
PUBLIC COMMENT
• Rob Cook, commented on the recruitment process for the City Manager position;
opined that final decision will determine direction of City.
• Bill Cunningham, President of the Santa Ana Police Foundation, commented on
recent activities and efforts benefitting residents.
• Kevin Phan, commented on Item 31B, requested expedition of approval of
Conditional Use Permit.
• Samuel Romero, commented on maps submitted for City Council consideration as
they relate to Item 12A; proponent of Map #4 submitted by group in opposition to
PBID.
• Fina Chaves, opposed to PBID assessment that does not benefit her parking lot
business; requested disestablishment of PBID.
• Sang Cha, building owner in PBID area, opposed to PBID.
• Won Cha, opined that building owners in PBID area not aware of Downtown Inc.
agenda, board nomination or decision making process.
• Herb Rose, spoke on Item 12A, consider PBID has disproportional benefits and
disestablishment needed.
• Jeff Jensen, co-owner of Chapter One Restaurant, supports Downtown Inc. and
efforts to bring new businesses into area.
• Tim O'Connor, co-owner of Chapter One Restaurant, supports Downtown Inc.
• Tom Jackson, property and business owner in PBID area, requests that City
disestablish PBID.
• Archer Alstaetter, Downtown Inc. hosting Friday Concerts, and supports Velvet
Lounge (Agenda Item 31 B).
• Beth Alstaetter, spoke in support of Velvet Lounge (Agenda Item 31 B).
• Barbara De Roche, owner of Country Garden Catering, spoke in opposition to PBID,
concerned with economy and tax increases.
• Nina Jun, thanked City Council for considering a proposed re-boundary of PBID
area.
• Ralph Allen, supports disestablishment of PBID and Map #4 as part of Agenda Item
12A.
• Jason Kordas, owner of Velvet Lounge, requests approval of Item 31 B.
• Jordan Satz, spoke in support of Item 31 B.
• Betty Banuelos, opined that approval of Item 31B will result in additional revenues
and job creation.
• Roy Alvarado, commented on public safety and hazardous issues in his
neighborhood (Santa Anita).
CONSENT CALENDAR
MOTION: Approve Consent Calendar Items 10A through 31B with the
following modifications:
• Mayor Pro Tern Alvarez voted "No" on Item 19C;
CITY COUNCIL MINUTES 5 AUGUST 1, 2011
• Mayor Pulido pulled Item 12A for separate discussion;
• Councilmember Tinajero pulled item 31 B for separate discussion;
• Councilmember Martinez pulled item 25A for separate discussion;
• Councilmember Sarmiento pulled items 22A and 25D for separate discussion;
and abstained from 12A because of a conflict of interest, and
• Councilmember Benavides pulled item 31A for separate discussion.
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 MINUTES FROM THE SPECIAL JOINT MEETING OF THE CITY
COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY OF JUNE
22, 2011 - Clerk of the Council Office
MOTION: Approve Minutes.
10B MINUTES FROM THE REGULAR MEETING OF THE CITY COUNCIL
HELD ON JULY 18, 2011 - Clerk of the Council Office
MOTION: Approve Minutes.
NOTICE OF PUBLIC HEARINGS
12A AGENDA ITEM TAKEN OUT OF ORDER
12B ABANDONMENT NO. 10-01: INTENT TO VACATE PORTIONS OF
SANTA ANA BOULEVARD BETWEEN MINTER AND POINSETTIA
STREETS - Public Works Agency
CITY COUNCIL MINUTES 6 AUGUST 1, 2011
MOTION:
1. Adopt a resolution.
RESOLUTION NO. 2011-048 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS
INTENTION TO VACATE TWO PORTIONS OF SANTA ANA
BOULEVARD BETWEEN MINTER STREET AND POINSETTIA
STREET, SETTING A PUBLIC HEARING THEREON, AND DIRECTING
NOTICE THEREOF TO BE POSTED AND PUBLISHED
(ABANDONMENT NO. 2010-01)
2. Set a public hearing for September 6, 2011.
MISCELLANEOUS ADMINISTRATION
19A CLOSED SESSION REPORT - City Attorney's Office
MOTION:
1. Full release and compromise agreements.
Michael Buren vs City of Santa Ana, WCAB Case Nos. ADJ7498250,
et al; in the amount of $65,000.00
Ronald Irwin vs City of Santa Ana, WCAB Nos.: ADJ2028717;
ADJ4596564; ADJ1158415, ADJ294547; in the amount of $35,000
2. Council considered and reviewed the appointment of Interim City
Manager, Paul M. Walters and agreed to continue with Interim
appointment thru at least November 1, 2011.
19B EXCUSED ABSENCES - None
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 2006-045.
*Mayor Pro Tern Alvarez voted "No" on Item 19C.
CITY COUNCIL MINUTES 7 AUGUST 1, 2011
19D QUARTERLY REPORT OF INVESTMENTS AS OF JUNE 30, 2011 -
Finance & Management Services
MOTION: Receive and file.
19E REQUEST FOR PROPOSALS FOR BASELINE GREENHOUSE GAS
EMISSIONS STUDY AND CLIMATE ACTION PLAN - Public Works
Agency
MOTION: Authorize the Public Works Agency to send a Request for
Proposals to qualified firms to develop a governmental and
community baseline Green House Gas Emissions Inventory and
Climate Action Plan.
19F REQUEST FOR PROPOSALS FOR SURVEYING SERVICES - Public
Works Agency
MOTION: Authorize the Public Works Agency to send a Request for
Proposals to qualified consulting firms to provide surveying
services.
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20A ADDITIONAL WORKFORCE INVESTMENT ACT ALLOCATIONS FOR
PROGRAM YEAR 2011-12 - Community Development Agency
MOTION: Approve an appropriation adjustment. (Requires five
affirmative votes)
APPROPRIATION ADJUSTMENT NO. 2012-024 - Recognizing additional
revenues of $42,226 in Title I Dislocated Worker funds, $113,141 in Title
Youth funds, and a decrease in revenues of $15,401 in Title I Adult funds
and $45,033 in Rapid Response funds from the State of California for the
2011-12 fiscal year allocation.
20B WORKFORCE INVESTMENT ACT FUNDS - Community Development
Agency
MOTION: Approve an appropriation adjustment. (Requires five
affirmative votes)
CITY COUNCIL MINUTES 8 AUGUST 1, 2011
APPROPRIATION ADJUSTMENT NO. 2011-242 - Recognizing additional
revenues from the California Workforce Investment Board in the amount of
$5,000 for Workforce Investment Act activities.
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
22A SPEC. NO. 11-036 - STREET SWEEPERS (Public Works Agency) -
Finance & Management Services
Continued from the June 20, 2011 City Council Meeting by a vote of 4-3
(Alvarez, Martinez, Tinajero, no); continued from the July 18, 2011 City
Council Meeting by a vote of 5-0 (Benavides and Pulido absent).
Councilmember Sarmiento asked staff to clarify for the record that one
sweeper would be replaced with insurance funds since it was destroyed
by fire. It would be returning to Council for approval at a later date.
MOTION: Staff recommends continuing item indefinitely.
MOTION: Sarmiento SECOND: Bustamante
VOTE: AYES: Alvarez, Bustamante, Martinez, Pulido,
Sarmiento, Tinajero (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Benavides (1)
MOTION: Award in accordance with Request for Council Action.
(Items 22B through 22G)
22B SPEC. NO. 11-038 - DEFIBRILLATORS - Award a contract to Zoll Medical
Corporation in an amount of $252,000 funded by the Metropolitan Medical
Response System 2009 Grant (Fire Department) - Finance &
Management Services
22C SPEC. NO. 11-033 - UNINTERRUPTIBLE POWER SUPPLY
REPLACEMENT - Award a contract to Power and Systems Innovations in
an amount not to exceed $67,400 (Police Department) - Finance &
Management Services
CITY COUNCIL MINUTES 9 AUGUST 1, 2011
22D SPEC. NO. 07-060 - BLOOD AND BREATH TECHNICIAN SERVICES -
Renew the contract with California Forensic Phlebotomy, Inc., in an
annual amount not to exceed $120,000 (Police Department) - Finance &
Management Services
22E SPEC. NO. 08-008 - WATER TREATMENT SALT - Renew the contract
with Gallade Chemical Inc. for a one-year period in an annual amount not
to exceed $40,000 (Public Works Agency) - Finance & Management
Services
22F SPEC. NO. 09-008 - REPROGRAPHICS PAPERS AND ENVELOPES -
Renew the contract with Unisource Worldwide Inc. for a one-year period in
an annual amount not to exceed $80,000 (Police Department) - Finance &
Management Services
22G SPEC. NO. 08-060 - TRAFFIC LINE PAINTING AND TRAFFIC SIGN
MAINTENANCE - Renew the contract with Orange County Striping
Service, Inc., for a one-year period in an annual amount not to exceed
$425,275 (Public Works Agency) - Finance & Management Services
AGREEMENTS
25A AGMT NO. 2011-190 TREE MAINTENANCE SERVICES - Public Works
Agency and Parks, Recreation & Community Services Agency
Continued from the June 20, 2011 City Council Meeting by a vote of 7-0;
continued from the July 18, 2011 City Council Meeting by a vote of 5-0
(Benavides and Pulido absent).
Councilmember Martinez and Mayor Pulido noted that renewal of contract
realized substantial savings because of renegotiation and change in tree
triming policy.
MOTION: Authorize the City Manager and Clerk of the Council to
execute the following agreement, 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.
Execute an amendment with West Coast Arborists, Inc. in an amount not
to exceed $760,622 for FY 2011-2012
MOTION: Martinez SECOND: Alvarez
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
CITY COUNCIL MINUTES 10 AUGUST 1, 2011
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
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
25B, 25C, and 25E through 25G)
25B AGMT NO. 2011-191 - HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2010-19 - With Thomas and Amy Tsotsis for the
structure located at 2126 North Ross Street (McKay House) - Planning
and Building Agency
25C AGMT NO. 2011-192 - HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2011-02 - With Tam Tran for the structure located at
2346 N. North Park Boulevard (C. Swanner House) - Planning and
Building Agency
25D AGMT NO. 2011-193 - STEP 2 PRE-PRELIMINARY ENGINEERING
ANALYSIS FOR THE SANTA ANA AND GARDEN GROVE FIXED
GUIDEWAY PROJECT (PROJECT 092505) - Public Works Agency
Councilmembers Sarmiento and Martinez commented on item; City
Engineer George Alvarez indicated that project team will complete all FTA
and OCTA application requirements to compete for grants and various
approval process.
MOTION: Authorize the City Manager and Clerk of the Council to
execute the following agreement, 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.
Execute a contract with Cordoba Corporation, Sheils, Obletz, Johnsen,
Inc. (SOJ); URS Corporation; Leon Skiles & Associates, Inc.; E.D. Hovee
& Company, LLC; Cambridge Systematics; and John Parker Consulting,
LLC team in an amount not to exceed $491,736
MOTION: Sarmiento SECOND: Martinez
CITY COUNCIL MINUTES 11 AUGUST 1, 2011
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
25E AGMT NO. 2011-194 - ALL-INCLUSIVE SETTLEMENT AGREEMENT
FOR 1211 WEST WARNER AVENUE (PROJECT NO. 091752) - With Big
O Tires, LLC in an amount of $250,000 - Public Works Agency
25F AGMT NO. 2011-195 CABLE AUDIT SERVICES - Execute an
amendment with Communications Support Group Inc. in an amount not to
exceed $60,000, for a total not to exceed an amount of $78,000 - Parks,
Recreation & Community Services Agency
25G AGMT NO. 2011-196 - LABOR NEGOTIATIONS ASSISTANCE - With the
Law Firm of Liebert Cassidy Whitmore, in an amount not to exceed
$75,000 - Personnel Services Agency
LAND USE MATTERS
CONDITIONAL USE PERMIT/VARIANCES
31A CONDITIONAL USE PERMIT NOS. 2011-07, 2011-15 & 2011-16
KARMINA RESTAURANT LOCATED IN THE SPECIFIC DEVELOPMENT
NO. 84/DOWNTOWN (SD-84) ZONING DISTRICT 515 NORTH MAIN
STREET, UNIT B. FILED BY ADOLFO LOPEZ - Planning and Building
Agency
Recommended action approved by the Planning Commission on July 11,
2011, by a vote of 5-0 (Turner absent; Gartner abstained).
Councilmember Benavidez requested clarification on approved conditions
of expanded restaurant - entertainment allowed would only include
mariachi and DJ's, not nightclub.
MOTION: Receive and file the staff report approving Conditional Use
Permit Nos. 2011-07, 2011-15 and 2011-16 as conditioned.
CITY COUNCIL MINUTES 12 AUGUST 1, 2011
MOTION: Benavides
VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Alvarez
Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
None (0)
None (0)
None (0)
31 B MODIFICATIONS TO CONDITIONAL USE PERMIT NO. 1996-30
LOCATED IN THE SPECIFIC DEVELOPMENT NO. 84/TRANSIT
ZONING CODE-DOWNTOWN (SD84/TRANSIT ZONING CODE-
DOWNTOWN) ZONING DISTRICT - 416 WEST FOURTH STREET -
FILED' BY JASON KORDAS FOR THE VELVET LOUNGE - Planning and
Building Agency
Recommended action approved by the Planning Commission on May 23,
2011, by a vote of 7-0.
Matter referred to the Public Safety Committee for review at the June 20,
2011, City Council Meeting by a vote of 7-0.
Council discussion ensued. City Council members thanked public,
applicant and staff; item had been referred to Public Safety Committee -
clarified noise issue and applicability of noise ordinance, dining outside
allowed until 1 a.m., as well as adult entertainment; Council concerned if
sufficient number of law enforcement and resources available to address
all needs; City to grow intelligently and with caution; calculated risks taken
through CUP process that may be revoked; business owners responsible;
CUP instrument to regulate businesses and approved on property not
business; increased working relationship with LGBT community; and
wished business great success.
Also commented on outdated general plan, not compatible with new
development or business types; thanked staff for efforts to move forward.
Applicant withdrew application request for go-go dancers on boxes and
only have on the dance floor and stage.
MOTION: Receive and file the staff report approving modifications to
Conditional Use Permit No. 1996-30 as conditioned and not allow go-
go dancers on boxes.
CITY COUNCIL MINUTES 13 AUGUST 1, 2011
MOTION: Tinajero SECOND: Martinez
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR ITEMS
ORDINANCES/FIRST READING
50A ORDINANCE AMENDING CHAPTER 36 OF THE SANTA ANA
MUNICIPAL CODE ESTABLISHING SPEED LIMITS FOR CITY
STREETS - Public Works Agency
MOTION: Place ordinance on first reading and authorize publication
of title.
ORDINANCE NO. NS-2822 - AN ORDINANCE OF THE CITY OF SANTA
ANA REVISING ARTICLE VII OF CHAPTER 36 OF THE SANTA ANA
MUNICIPAL CODE, SETTING THE PRIMA FACIE SPEED LIMITS FOR
STREETS IN THE CITY
MOTION: Martinez SECOND: Benavides
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
CITY COUNCIL MINUTES 14 AUGUST 1, 2011
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 NAMING OF OPEN AREA ON FOURTH AND FRENCH STREETS -
MAYOR PRO TEM ALVAREZ
Mayor Pro Tern Alvarez noted that Council may agendize matter as a 55A
at a subsequent meeting. Jay Trevino, Executive Director of Planning and
Building Agency indicated that the City Council or the Planning
Commission may initiate its own application to name a street, building, or
a facility. Staff recommends that City Council directed staff to place
matter as an item 55 on the next City Council Meeting and at said meeting
City Council would decide what or how to name the property.
MOTION: Directed staff to place matter for consideration as an Item
55 at the next City Council Meeting.
MOTION: Alvarez SECOND: Martinez
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
COUNCIL RECESSED AT 8:42 P.M. TO THE COMMUNITY REDEVELOPMENT
AGENCY, FOLLOWED BY THE HOUSING AUTHORITY MEETING; THE CITY
COUNCIL MEETING RECONVENED AT 8:43 P.M. WITH SAME MEMBERS
PRESENT.
*Mayor Pulido and Councilmember Sarmiento declared conflicts of interests on Item
12A and abstained, Pulido has a business interests, and Sarmiento has clients that
reside in the area; they left the meeting at 8:44 p.m. and did not return. Mayor Pro Tern
Alvarez assumed the Chair and presided over the meeting.
CITY COUNCIL MINUTES 15 AUGUST 1, 2011
AGENDA ITEM TAKEN OUT OF ORDER
NOTICE OF PUBLIC HEARING
12A RESOLUTION - NOTICE OF INTENT TO MODIFY THE MANAGEMENT
DISTRICT PLAN TO ADJUST THE BOUNDARIES FOR THE
DOWNTOWN SANTA ANA COMMUNITY MANAGEMENT DISTRICT -
Community Development Agency
Legal Notice published in the Orange County Register on July 9, 2011 and
on July 23, 2011 and notices mailed to business and property owners.
Continued from the July 18, 2011 City Council meeting by a vote of 4-0
(Benavides, absent; Pulido and Sarmiento abstained).
Council discussion ensued. Mayor Pro Tern Alvarez noted that at the
previous City Council Meeting she motioned to allow the public to submit
additional proposed re-boundary maps for consideration. Opined that
original map (Map #1) does not resolve issues; other maps submitted
include the Artist Village (Map #2), FiestaMarket Place (Map #3), and map
submitted by anti-PBID members (Map #4). Requested that Downtown
Inc. evaluate Map #4 alongside #1 - both extremes and come to a
concensus. Council has been advised that only map brought forth by
Downtown Inc. are eligible for consideration according to resolution that
established the District. Issues will remain if proposed Map #1 approved.
Had supported establishement of PBID, but District has not been handled
properly. Asked following questions: how are posting of agenda notices
managed; is there fair treatment of all boardmembers; why have some
commitees been dissolved; why is financial report fleeting; why is
executive director receiving 401K Plan, how was decision to hire spouse
of director made; and why have some members left? Need a full review of
bylaws and full compliance with Brown Act. Invited all 4th Street vendors
to participate in the Board and strongly encouraged all to compromise.
Directed staff to prepare resolution for consideration of diestablishment of
the PBID.
Councilmember Martinez noted that PBID in her Ward; will continue to
make objective decisions and represent all. Also, proposed reboundary
area needs to have validation by Engineer. Map #1 had only cursory
review by Engineer; any re-boundary modifications have to resemble
original District area, otherwise its considered a new District - as required
by Proposition 218. Also, Downtown Inc. has two proposed budgets
requested that they be submitted for City Council review. Urged Board to
diversify to meet the needs of all the District.
AMENDED MOTION:
1. Adopt a resolution.
CITY COUNCIL MINUTES 16 AUGUST 1, 2011
RESOLUTION NO. 2011-049 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA STATING ITS INTENTION
TO MODIFY THE MANAGEMENT DISTRICT PLAN TO ADJUST THE
BOUNDARIES AND ENGINEER'S REPORT FOR THE DOWNTOWN
SANTA ANA COMMUNITY MANAGEMENT DISTRICT, AND
SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON
2. Set a public hearing for August 24, 2011 at 5:00 p.m.
3. Direct staff to prepare a Resolution of Intent to Disestablish the
Community Management District for City Council consideration.
MOTION: Alvarez SECOND: Tinajero
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Tinajero (5)
NOES: None (0)
ABSTAINED Pulido, Sarmiento (2)
AND NOT
PRESENT:
ABSENT: None (0)
COMMENTS
90A CITY MANAGER'S COMMENTS
• Interim City Manager Paul Walters indicated that City has new Public
Information Officer, Jose Gonzalez, who served as the Police
Department's PIO and will continue to serve both departments.
90B CITY COUNCILMEMBER COMMENTS
Councilmember Tinajero:
• Pop Warner Football practice has begun, but invited parents to sign-up
as some positions still available.
Councilmember Benavides:
• Saturday would be hosting community hours at the Southwest Senior
Center from 9 a.m. to 12 noon; and Artist Village holding Open House
at 6 p.m.
CITY COUNCIL MINUTES 17 AUGUST 1, 2011
Councilmember Bustamante:
• Invited all to visit the Yost Theater, congratulated them on their
upcoming re-opening; and thanked staff for assistance.
Councilmember Martinez:
• Wished happy birthday to Gerardo Mouet, Executive Director of Parks
and Recreation;
• Business Forum hosted by City; great success; feedback to be
reviewed; resource kit provided will also be available on-line; thanked
staff for assistance; and Small Business Forum at Delhi Center also
recently held;
• Thanked Councilmember Benavides for co-hosting City Manager
Recruitment Forum; well attended; suggestions and input appreciated;
celebrated Councilmember Benavides' birthday at event; and
• Informed all that she will start the Masters in Public Health Program at
California State University Fullerton; will make effort to be at meetings
as much as possible.
Mayor Pro Tern Alvarez:
• Congratulated Wilshire Square Neighborhood on great Summer
concert program; Morrison Park not able to host concert this year;
• Congratulated all August birthday celebrants; and
• Thanked all for attending City Council Meeting and active participation.
ADJOURNED- 9:24 P.M. - The next meeting of the City Council is scheduled for
Monday, August 15, 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.
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Maria Hulzar, !
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Clerk of the Council
CITY COUNCIL MINUTES 18 AUGUST 1, 2011