HomeMy WebLinkAbout2011-08-24 AdjournedMINUTES OF THE ADJOURNED REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
CALLED TO ORDER
AUGUST 24, 2011
CLOSED SESSION MEETING
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
5:10 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL PULIDO, Mayor
CLAUDIA C. ALVAREZ, Mayor Pro Tern (5:22
P.M.)
P. DAVID BENAVIDES
CARLOS BUSTAMANTE
MICHELE MARTINEZ
VINCENT F. SARMIENTO
SAL TINAJERO
COUNCILMEMBERS Absent:
None
STAFF Present:
PAUL M. WALTERS, Interim City Manager
JOSEPH STRAKA, Interim City Attorney
MARIA D. HUIZAR, Clerk of the Council
PUBLIC COMMENTS - None
COUNCIL RECESSED to Room 147 for Closed Session discussion.
CLOSED SESSION ITEMS
1A CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government
Code Section 54957.6
Agency Negotiators: Personnel Services Executive Director,
Kathie Gonzalez
CITY COUNCIL MINUTES 1 AUGUST 24, 2011
Employee Organizations: Santa Ana Police Officers Association
(POA)
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)
1 B PUBLIC EMPLOYEE EMPLOYMENT AND APPOINTMENT pursuant to
Government Code Section 54957(b)(1)
Title: City Attorney
CLOSED SESSION REPORT — See Item 19A. for Report.
ADJOURNED THE CLOSED SESSION MEETING AT 6:09 P.M. AND CONVENED TO
THE ADJOURNED REGULAR OPEN MEETING
CITY COUNCIL MINUTES 2 AUGUST 24, 2011
REGULAR OPEN SESSION
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
6:11 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL PULIDO, Mayor
CLAUDIA C. ALVAREZ, Mayor Pro Tern
P. DAVID BENAVIDES
CARLOS BUSTAMANTE
MICHELE MARTINEZ
VINCENT F. SARMIENTO
SAL TINAJERO
COUNCILMEMBERS Absent:
None
STAFF Present:
PAUL M. WALTERS, Interim City Manager
JOSEPH STRAKA, Interim City Attorney
MARIA D. HUIZAR, Clerk of the Council
PLEDGE OF ALLEGIANCE MAYOR PULIDO
CLOSED SESSION REPORT — Nothing to report.
PUBLIC COMMENT
• Barbara Rooker, representing Presbyterian Church is opposed to PBID and noted
that assessment paid under protest; urged City Council to disestablish.
• Ralph Allen, held off on comments until Public Hearing.
• Jeff Jensen, Chapter One Restaurant owner, indicated that half of employees are
City residents; support PBID; successful PBID's throughout State are patronized by
outside residents; opined that Downtown Inc. has facilitated improvements.
• Jeff Hall, Chapter One Restaurant owner, noted that if PBID disestablished, area
would lose key services.
• Tim O'Connor, Chapter One Restaurant owner, indicated that PBID should be given
three years to assess success; urged the City Council to continue PBID, important
for growth of community.
• Dante Parel, opined that safety has been improved through services provided by
Downtown Inc. rather than limited services within the Santa Ana Police Department.
• Nick Spain, representative of Save Our Orchard Coalition, urged City Council to
preserve area proposed for development of 24-units; proposed alternative which
would be an urban agricultural facility to include educational and social opportunities;
CITY COUNCIL MINUTES 3 AUGUST 24, 2011
organization has commented on Draft EIR and challenging the No -Significance Non -
Eligibility Findings; believe that it's a historically significant area.
• Jeannie Gillett, representative of Save Our Orchard Coalition, submitted document
outlining vision of organization for preservation purposes; keep area open.
• Won Cha, 30 year business and property owner in Downtown, opposed to PBID, no
benefits to his business and believe that security is property owner's responsibility,
not through an assessment.
• Joe Elias, opposed to PBID, no benefits received by his business.
• David Choe, support disestablishment of PBID; opined that Downtown Inc. should
focus on family businesses not just restaurants and nightclubs, also financial reports
submitted by Downtown Inc. ambiguous.
• Scott Betancourt, area resident, urged City Council to keep area safe by limiting
alcohol sales in Downtown.
• Diana Betancourt, noted that Downtown area is polluted.
• Bryan Leighton, business owner in Downtown, concerned with composition of Board
on Downtown Inc.
• Alfredo Amezcua, business and property owner in the City, supports
disestablishment of PBID.
• Nina Jun, business owner in Downtown, PBID benefits not proportional; concerned
with composition of Downtown Inc. and formation process of PBID; urged City
Council to disestablish.
• Herb Rose, suggested that if boundaries of PBID modified that reimbursement by
businesses warranted.
• Luis Fonseca, need better understanding of finance report of Downtown Inc.
• Robert Escalante, business owner at French and 3`d Street; believe that success of
Downtown will continue with our without Downtown Inc.
• Michael Melamut (prepared statement read by Robert Escalante).
• Albert Castillo, support businesses on 4th Street, noted that Yost Theater
improvements paid for through redevelopment funds; suggested name on Agenda
Item 55A be Placita Calle Cuatro; commented on Agenda Item 55E and asked about
cost to City.
• Jose Ceballos, property and business owner since 1977; former partner of Fiesta
Market Place; support disestablishment of PBID.
• Ben Gabriel, noted that sufficient signatures had been gathered to disestablish
PBID; opposed to approval of Agenda Item 80A and believe that City should disband
Redevelopment Agency.
• Raul Yanez, business owner in Downtown since 1979, former member of Downtown
Inc.; believe benefits not proportional; support disestablishment of PBID.
• Adolfo Lopez, support disestablishment of PBID.
• Sam Romero, commented on Agenda Item 55A and proposed name of Plaza Calle
Cuatro; spoke on behalf of three businesses in downtown including Ana's
Sportswear, Mexico Travel Agency, and Caras Fabric Store, all support
disestablishment of PBID.
• Fina Chavez, property owner of small parking lot in Downtown; opposed to PBID;
opined that some property owners may lose business due to assessment; re -
boundary not acceptable; supports disestablishment.
CITY COUNCIL MINUTES 4 AUGUST 24, 2011
• David Hoen, spoke on Agenda Item 55A, proposed name of French Square Plaza in
honor of Mr. French or Harvey Milk Plaza.
• Desi Reyes, spoke on Agenda Item 55A proposed that name should include
"Culture" in name; also spoke in opposition to Agenda Item 85A.
• Todd Key, business owner on Bush Street, promoting artist and craftsman
movement; concerned with vision of Downtown.
• Chris Taylor, impressed with efforts by Downtown Inc., but opined that area over
regulated.
• Archer Altstaetter, support PBID; opined that Downtown Inc. has reached out to all
merchants; spoke on Agenda Item 55A and support naming French Plaza.
• Irma Jauregui, spoke on Agenda Item 25B, support recommendation and open
space.
• Claudia Arrellanes, read from a letter submitted to the Council regarding PBID;
disproportional benefits; opposed to County Tax Collector charging assessment and
not able to make partial payments; proposed reimbursement or tax credit be offered
by businesses removed through re -boundary action; support disestablishment.
• Alex Vega, opposed to Downtown Inc.
• Sang Cha, opposed to Downtown Inc. and decision made by organization.
CONSENT CALENDAR ITEMS
MOTION: Approve Consent Calendar Items 10A through 25F with the
following modifications:
• Councilmember Martinez pulled Items 25A and 25B for separate discussion;
and
• Mayor Pro Tern Alvarez pulled Item 25C for separate discussion.
MOTION: Alvarez
VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Tinajero
Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
None (0)
None (0)
None (0)
CITY COUNCIL MINUTES 5 AUGUST 24, 2011
ADMINISTRATIVE MATTERS
MINUTES
10A MINUTES FROM THE SPECIAL CLOSED MEETING OF THE CITY
COUNCIL HELD ON JULY 28, 2011 - Clerk of the Council Office
MOTION; Approve Minutes.
10B MINUTES FROM THE REGULAR MEETING OF THE CITY COUNCIL
HELD ON AUGUST 1, 2011 - Clerk of the Council Office
MOTION: Approve Minutes.
10C MINUTES FROM THE REGULAR MEETING OF THE CITY COUNCIL
HELD ON AUGUST 15, 2011 - Clerk of the Council Office
MOTION: Approve Minutes.
ORDINANCES/SECOND READING
11A ORDINANCE NO. NS-2822 - AMENDING CHAPTER 36 OF THE SANTA
ANA MUNICIPAL CODE ESTABLISHING SPEED LIMITS FOR CITY
STREETS - Public Works Agency
Placed on first reading at the August 1, 2011 City Council meeting and
approved by a vote of 7-0.
Published in the Orange County Reporter on August 5, 2011.
MOTION: Place ordinance on second reading and adopt.
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
BOARDS / COMMISSIONS / COMMITTEES
13A COUNCIL COMMITTEE REPORTS — Police Department
MOTION: Receive and file the Public Safety Committee Minutes of
May 24, 2011.
CITY COUNCIL MINUTES 6 AUGUST 24, 2011
13B COUNCIL COMMITTEE REPORTS — Parks, Recreation & Community
Services Agency
MOTION: Receive and file the Parks, Recreation, Education and
Youth Committee (PREY) Minutes of May 31, 2011.
MISCELLANEOUS ADMINISTRATION
19A CLOSED SESSION REPORT — Nothing to report.
19B EXCUSED ABSENCES — Clerk of the Council Office
MOTION: Excuse the absence of Councilmembers Bustamante,
Martinez and Sarmiento from the August 15, 2011 City Council
meeting.
19C DONATION OF EQUIPMENT TO NAHUIZALCO AND SONSONATE, EL
SALVADOR — Police Department
MOTION: Authorize the donation of one patrol vehicle from the
Santa Ana Police Department to the municipality of Nahuizalco (El
Salvador) and 50 bullet-proof vests to the police delegations of
Nahuizalco and Sonsonate (El Salvador) and Municipal Police of
Sonsonate.
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20A APPROPRIATION ADJUSTMENT - ACCEPTING THE OFFICE OF
TRAFFIC SAFETY GRANT — Police Department
MOTION: Approve an appropriation adjustment. (Requires five
affirmative votes)
APPROPRIATION ADJUSTMENT NO. 2012-34 — Accepting the California
Office of Traffic Safety, DUI Enforcemnt and Awareness Program Grant in
the amount of $331,380 into the revenue account and appropriate same
into the California Office of Traffic Safety, DUI Enforcemnt and Awareness
Program expenditure accounts
CITY COUNCIL MINUTES 7 AUGUST 24, 2011
20B APPROPRIATION ADJUSTMENT - ACCEPTING PROP-69 DNA
FUNDING - Police Department
MOTION: Approve an appropriation adjustment. (Requires five
affirmative votes)
APPROPRIATION ADJUSTMENT NO. 2012-01- Approve the acceptance
and appropriation adjustment transfer of Prop-69 DNA funding in the
amount of $32,989 from the City revenue account and appropriate same
into the Police Department Forensics Services Account revenue account
for the reimbursement cost associated with the collection of DNA
collection in the amount of $32,989.
20C APPROPRIATION ADJUSTMENT - ACCEPTING FY 2010/11
SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND — Police
Department
MOTION: Approve an appropriation adjustment. (Requires five
affirmative votes)
APPROPRIATION ADJUSTMENT NO. 2012-032 - Approve an
appropriation adjustment recognizing the FY 2010/11 Supplemental Law
Enforcement Services Fund in the amount of $262,130 into the revenue
account and appropriate same into the expenditure accounts.
20D APPROPRIATION ADJUSTMENT — SOUTH BAY WORKFORCE
INVESTMENT BOARD NATIONAL EMERGENCY GRANT — Community
Development Agency
MOTION:
1. Approve an appropriation adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 2012-030 - Recognizing
$137,885.45 in Department of Labor Workforce Investment Act funds
awarded to the City of Santa Ana Workforce Investment Board by
South Bay Workforce Investment Board, Inc. for a Dislocated Worker
Program.
2. Authorize the City Manager or his designee to execute an
agreement.
AGMT NO. 2011-197 - With South Bay Workforce Investment Board,
Inc. in the amount of $137,885.45, subject to non -substantive changes
approved by the City Manager and City Attorney.
CITY COUNCIL MINUTES 8 AUGUST 24, 2011
20E APPROPRIATION ADJUSTMENT AND DONATION — TARGET STORES
DONATION FOR "NATIONAL NIGHT OUT" COMMUNITY EVENT —
Police Department
MOTION:
1. Authorize the acceptance of a donation in the amount of $1,000
from the Target Stores, to be used by the Police Department
"National Night Out" event.
2. Approve an appropriation adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 2012-029 — Recognizing the
donation in the amount of $1,000 into the Police Special Revenue
Fund, Gifts and Donations revenue account and appropriate same into
the Police Special Revenue Fund, Operating Materials and Supplies
expendituare account.
20F APPROPRIATION ADJUSTMENT - ACCEPTING THE OFFICE OF
EMERGENCY SERVICES PROGRAM SUPPLEMENTAL GRANT
FUNDS — Police Department
MOTION: Approve an appropriation adjustment. (Requires five
affirmative votes)
APPROPRIATION ADJUSTMENT NO. 2012-033 —Accepting the State of
California Office of Emergency Services 2007 Anti -gang Initiative
Supplemental Grant Funds in the amount of $3,615 into the revenue
account and appropriate same into the California Office of Emergency
Services 2007 Anti -gang Initiatiave Supplemental Grant Program
expenditure accounts.
AGREEMENTS
Councilmember Martinez commented on open space; action updating
Circulation Plan with vision and Fixed Guideways System; thanked staff
for efforts.
CITY COUNCIL MINUTES 9 AUGUST 24, 2011
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.
AGMT NO. 2011-198 — With IBI Group in an amount not to exceed
$500,000
MOTION: Martinez SECOND: Tinajero
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
Councilmembers Martinez and Sarmiento commented on strides made on
open space; next steps include appraisal then grant requests.
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.
AGMT NO. 2011-199 - With The Planning Center in an amount not to
exceed $101, 640
MOTION: Martinez SECOND: Sarmiento
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
CITY COUNCIL MINUTES 10 AUGUST 24, 2011
Mayor Pro Tern Alvarez asked that all organizations that are losing funds
be contacted; City to help organizations meet deadlines, as possible.
MOTION: Continue matter to allow the City Council to meet with
organizations (losing funds) and help them meet deadlines.
MOTION: Alvarez SECOND: Benavides
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
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 25D
through 25G)
25D AGMT NO. 2011-200 - REWIRING STREET LIGHTS IN OAKMONT —
FAIRMONT NEIGHBORHOOD — With Macadee Electrical Construction,
Inc. in an amount not to exceed $31,135 - Public Works Agency
25E AGMT NO. 2011-201 - MASTER FUNDING AGREEMENT FOR M2
COMPREHENSIVE TRANSPORTATION FUNDING PROGRAMS — With
Orange County Transportation Authority - Public Works Agency
25F PROVIDE AND INSTALL LED STREET LIGHTS AND NO -COST
FUNDING — Public Works Agency
• AGMT NO. 2011-202 — With Republic ITS, Inc. to provide and install
253 LED streetlights for an amount not to exceed $162,000
• AGMT NO. 2011-203 — With Southern California Edison to provide no -
cost funding through On -Bill Financing for the LED streetlights
CITY COUNCIL MINUTES 11 AUGUST 24, 2011
25G AGMT NO. 2011-204 — STREET LIGHT POLE REPAINTING - With Street
Light Restoration Specialists, Inc. to repaint 210 thirty-foot street light
poles and luminaire arms on Main Street for an amount not to exceed
$36,000 — Public Works Agency
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR ITEMS
RESOLUTIONS
55A RESOLUTION — PUBLIC FACILITY NAMING NO. 2011-01 — OPEN
AREA ON FOURTH AND FRENCH STREETS - Planning and Building
Agency
Council discussion ensued. Mayor Pro Tem Alvarez noted that item had
been previously agendized and that on a few occasions asked that
proposed names be submitted for consideration; received other
alternatives aside from public speakers to include Plaza de la Calle Cuatro
and French Plaza; motion to name "Plaza Santa Ana".
Councilmember Sarmiento commented that site set for development, but
now open space; also proposed name of Plaza Fiesta. Suggested that
$200,000 funded (by CDBG) be used to soften area through trees,
benches, and grass area.
Councilmember Martinez noted that Edison has donated trees to the City
and grass area would require maintenance; preserve as gathering place
for various events.
MOTION:
1. Approve the Public Facilities Naming Request initiated by the City
of Santa Ana by naming the property located at 325 East Fourth
Street "Plaza Santa Ana".
2. Adopt a resolution.
RESOLUTION NO. 2011-050 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA TO NAME THE PUBLIC
PROPERTY LOCATED AT 325 EAST FOURTH STREET (PUBLIC
FACILITIES NAMING NO. 2011-01)
MOTION: Alvarez SECOND: Bustamante
CITY COUNCIL MINUTES 12 AUGUST 24, 2011
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
Councilmember Bustamante left the meeting at 7:52 p.m. and returned at 7:54 p.m.
55B RESOLUTION — EXTENSION OF CONDITIONAL USE PERMIT NO.
2009-11: WINTERSBURG PRESBYTERIAN CHURCH, 2000 NORTH
FAIRVIEW STREET — Planning and Building Agency
MOTION: Adopt a resolution.
RESOLUTION NO. 2011-051 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA FOR THE EXTENSION OF
CONDITIONAL USE PERMIT NO. 2009-11 FOR ONE YEAR FOR THE
PROPERTY LOCATED AT 2000 NORTH FAIRVIEW STREET
MOTION: Benavides
VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Martinez
Alvarez, Benavides,
Sarmiento, Tinajero (6)
None (0)
None (0)
Bustamante (1)
Martinez, Pulido,
55C RESOLUTION — PROPOSED AMENDMENT TO CLASSIFICATION AND
COMPENSATION PLAN TO ADD PART-TIME JOB TITLES — Personnel
Services Agency
MOTION: Adopt a resolution.
RESOLUTION NO. 2011-052 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 82-110
TO AMEND THE CITY'S BASIC CLASSIFICATION AND
COMPENSATION PLAN TO ADD FOUR NEW PART TIME
CLASSIFICATION TITLES IN THE POLICE DEPARTMENT.
CITY COUNCIL MINUTES 13 AUGUST 24, 2011
MOTION: Martinez
VOTE: AYES:
SECOND: Sarmiento
Alvarez, Benavides, Martinez, Pulido,
Sarmiento, Tinajero (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Bustamante (1)
55D RESOLUTION — FOR SAFE ROUTES TO SCHOOL GRANT
APPLICATIONS — Public Works Agency
MOTION: Adopt a resolution.
RESOLUTION NO. 2011-053 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AUTHORIZING THE EXECUTIVE
DIRECTOR OF THE PUBLIC WORKS AGENCY TO SUBMIT FIVE
PROJECTS TO THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION FOR FUNDING THROUGH THE FEDERAL SAFE
ROUTES TO SCHOOL PROGRAM
MOTION: Martinez
VOTE:
AYES:
NOES:
ABSTAIN
ABSENT:
SECOND: Benavides
Alvarez, Benavides,
Sarmiento, Tinajero (6)
None (0)
None (0)
Bustamante (1)
Martinez, Pulido,
55E RESOLUTION — AMEND THE PARS TRUST PLAN TO INCLUDE
INCUMBENT POLICE OFFICERS' ASSOCIATION (POA) PRESIDENT —
Personnel Services Agency
City Council requested clarification on Plan. Staff clarified annuity and
payment into PARS.
MOTION: Adopt a resolution.
CITY COUNCIL MINUTES 14 AUGUST 24, 2011
RESOLUTION NO. 2011-054 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AMENDING THE PARS TRUST
SUPPLEMENTARY RETIREMENT PLAN TO INCLUDE CURRENT
POLICE UNION PRESIDENT PAY
MOTION: Tinajero SECOND: Pulido
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
JOINT SESSION OF THE CITY COUNCIL AND
THE COMMUNITY REDEVELOPMENT AGENCY
80A RESOLUTION OF INTENT TO ENACT AN ORDINANCE PURSUANT TO
ABX1 27 AND ESTABLISHING ENFORCEABLE OBLIGATION
PAYMENT SCHEDULE OF THE SANTA ANA COMMUNITY
REDEVELOPMENT AGENCY PURSUANT TO ABX1 26 — Community
Development Agency
CITY COUNCIL ACTION
MOTION: Adopt a resolution.
RESOLUTION NO. 2011-055 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO ENACT
AN ORDINANCE WHEREBY THE CITY SHALL ELECT TO COMPLY
WITH AND PARTICIPATE IN THE ALTERNATIVE VOLUNTARY
REDEVELOPMENT PROGRAM CONTAINED IN PART 1.9 OF DIVISION
24 OF THE CALIFORNIA HEALTH AND SAFETY CODE
COMMUNITY REDEVELOPMENT AGENCY ACTION
MOTION: Adopt a resolution.
CRA RESOLUTION NO. 2011-010 - A RESOLUTION OF THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA
ANA ESTABLISHING AN INITIAL ENFORCEABLE OBLIGATION
PAYMENT SCHEDULE PURSUANT TO ASSEMBLY BILL NUMBER
I9:3:�Z:1
CITY COUNCIL MINUTES 15 AUGUST 24, 2011
MOTION: Martinez
VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Alvarez
Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
None (0)
None (0)
None (0)
JOINT SESSION OF THE CITY COUNCIL AND
THE SANTA ANA FINANCING AUTHORITY
80B LEASE AGREEMENT WITH T-MOBILE FOR INSTALLATION OF
TELECOMMUNICATIONS SITE AT CORPORATE YARD — Finance &
Management Services
CITY COUNCIL
MOTION:
1. Authorize the City Manager and the Clerk of the Council to
execute a lease agreement.
AGMT NO. 2011-205 - With T-Mobile for a telecommunications cell
site at the City's Corporate Yard, subject to non -substantive changes
approved by the City Manager and City Attorney.
2. Receive and file Categorical Exemption for Environmental Review
No. 2009-132 (City Yard).
SANTA ANA FINANCING AUTHORITY
MOTION: Authorize the Executive Director to execute a Certification
with consent to sublease.
MOTION: Sarmiento
VOTE: AYES
CITY COUNCIL MINUTES
SECOND: Martinez
Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
16
AUGUST 24, 2011
ABSENT: None (0)
COUNCIL RECESSED AT 7:56 P.M. TO THE COMMUNITY REDEVELOPMENT
AGENCY, FOLLOWED BY THE SANTA ANA FINANCING AUTHORITY MEETING;
THE CITY COUNCIL MEETING RECONVENED AT 7:57 P.M. WITH SAME
MEMBERS PRESENT.
*Mayor Pulido and Councilmember Sarmiento declared conflicts of interests on Item
75A and 85A and abstained on both items, Pulido has a business interests, and
Sarmiento has clients that reside in the area; they left the meeting at 7:58 p.m. and did
not return. Mayor Pro Tern Alvarez assumed the Chair and presided over the meeting.
PUBLIC HEARING
75A PUBLIC HEARING —AMENDMENT OF MANAGEMENT DISTRICT PLAN
TO ADJUST THE BOUNDARIES FOR THE DOWNTOWN SANTA ANA
COMMUNITY MANAGEMENT DISTRICT — Community Development
Agency
Set for public hearing at the August 1, 2011 City Council Meeting by a
vote of 5-0 (Pulido and Sarmiento abstained)
Legal notice published in the Orange County Register on August 12, 2011,
and notices mailed to business and property owners on August 11, 2011.
Public Hearing opened at 7:58 p.m. The following residents spoke on the
matter:
• Ralph Allen, noted that City faces consequences if item approved.
• Barbara DesRochers, commented on tax increase that has not
benefited her business; opposed to PBID.
• Laura Garibay, SACRED representative; support reboundary.
• Dave Hoen, Santa Ana resident, supports efforts in Downtown; Artist
Village offers restaurant and entertainment options.
• Richard Garcia, noted importance of Downtown as County seat; urged
all to be more positive and understand broader issues.
• Herb Rose, opined that PBID formed illegally; support
disestablishment.
• David Ihrig, support efforts in Downtown.
• Shahram Makhani, owner of fabric store in Downtown, opined that
area same for past 21 years; support disestablishment; benefits not
proportional.
• Robert Escalante, opined that Downtown success before Downtown
Inc.
CITY COUNCIL MINUTES 17 AUGUST 24, 2011
• Albert Castillo, concerned with events promoted by Downtown Inc.
including "Dia de los Muertos" and alcohol sales, send wrong
message.
• Ben Gabriel, support disestablishment of PBID and proposed use
redevelopment funds to improve area.
• Adolfo Lopez, former member of Downtown Inc. and founder of
DSABA; support disestablishment and start over.
• Sam Romero, support disestablishment.
• Fina Chaves, opined that PBID established illegally; benefits not even.
Council discussion ensued.
Councilmember Bustamante supports amendment to boundary; opined
that PBID tool for improvements, now vibrant and active area; opposed to
disestablishment.
Interim City Attorney Straka clarified that no action on either re -boundary
or disestablishment would leave boundary the same.
Councilmember Benavides, assessment increase of 5% has not been
exercised, only considering re -boundary; do not believe that businesses
struggling because of PBID, but other economic forces; 18 months since
establishment not long enough to know success; support modifications
and not disestablishment.
Councilmember Martinez, made following suggestions to Downtown Inc.:
change bylaws and diversify Board, if not complying with suggestions will
move forward with disestablishment; will allow 30-60 days for organization
to comply; opposed to County Assessor collecting fees; inquired as to
City's responsibility to Downtown Inc. obligations and enhanced services if
disestablished (to be reviewed by legal staff); Engineer noted that City
would be obligated to provide benefits pre-PBID; City would have to pay
debts and liquidate assets and remaining funds rebated proportionally.
Councilmember Tinajero indicated that when first elected met with
business area, animosity existed already at that time; improvements in
Downtown noted; has been socio-economic shift; opponents and
supporters have valid concerns; suggested that Downtown Inc.'s Board be
inclusionary, transparent, and diversified and demonstrate efforts to
promote all businesses equitably; supports re -boundary.
Mayor Pro Tern Alvarez commented on need to have Agenda Item 85A;
previous requests to diversity Board have been unsuccessful; financial
report substandard; conflict by Chair and Vice Chair on Board since they
are related; Board needs business representation too; membership should
be automatic; noted that CEO salary $100k plus 401 K, plus spouse on
payroll; concerned with County assessing fees and not accepting partial
payments; supports re -boundary, but will continue consideration of
CITY COUNCIL MINUTES 18 AUGUST 24, 2011
disestablishment; approval of Agenda Item 85A will allow meeting date to
be set and all to be heard; had previously requested that only Artist Village
be part of PBID and asked that Engineer assess that possibility. Also
questioned staff authority to vote on establishment of PBID and passage if
City had not participated in vote; petition for disestablishment includes 58
property owners. Mr. Escalante and Mr. Ceballos, former partners in
Fiesta Marketplace, developed business area to serve minority
community; documents for area development included restrictions to allow
Latino community to flourish, some clauses expired June of 2010, but
discrimination clause are in perpetuity. Questioned location of Downtown
Inc. offices and proposed moving to neutral location like City Hall.
Councilmember Martinez represents area; have seen improvements;
business community vital to City; suggested Downtown Inc. diversify
Board within 30 days, revise bylaws, comply with Brown Act, make
membership automatic, and allow City to establish Escrow Account within
60 days to allow for partial collection of fees.
Councilmember Benavides requested semi-annual reports, diversify
Board, and also expressed that he was separating self from comments
made earlier by councilmember.
MOTION:
1. Adopt a resolution.
RESOLUTION NO. 2011-056 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA MODIFYING THE
MANAGEMENT DISTRICT PLAN TO ADJUST THE BOUNDARIES
AND ENGINEER'S REPORT FOR THE DOWNTOWN SANTA ANA
COMMUNITY MANAGEMENT DISTRICT
2. Approve the Amended Downtown Santa Ana Community
Management District - The Management District Plan and
Engineer's Report reflecting the boundary modifications.
3. Authorize staff to submit the FY 2011-12 Downtown Santa Ana
Community Management District special assessment data to the
Orange County Auditor -Controller on August 25, 2011.
MOTION: Bustamante SECOND: Benavides
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Tinajero (5)
NOES: None (0)
ABSTAINED Pulido, Sarmiento (2)
CITY COUNCIL MINUTES 19 AUGUST 24, 2011
AND NOT
PRESENT:
ABSENT: None (0)
CITY COUNCIL AGENDA ITEM
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 RESOLUTION OF INTENT TO SET PUBLIC HEARING DATE —
DISESTABLISH THE COMMUNITY MANAGEMENT DISTRICT (CMD) -
Mayor Pro Tern Alvarez
Mayor Pro Tern Alvarez proposed a 30-day continuance to allow Downtown
Inc. time to incorporate suggestions. Also requested that staff provide a list of
businesses in default due to assessment.
COMMENTS
90A CITY MANAGER'S COMMENTS - None
90B CITY COUNCILMEMBER COMMENTS
Councilmember Bustamante:
• Echoed Councilmember Benavides comment about inappropriate remarks
and apologized to the Chases and all offended by comments.
Councilmember Martinez:
• Wished all students starting a new school year much success;
• Welcomed new Santa Ana Unified School District Superintendent;
• Thanked all speakers for attending meeting and participation in
democratic process; and
• Wished Mayor Pro Tern Alvarez a Happy Birthday.
Mayor Pro Tern Alvarez:
• Apologized for Councilmember Bustamante leaving meeting before end.
ADJOURNED- 9:43 P.M. The next meeting of the City Council will be a Regular Open
Meeting to be held on Tuesday, September 6, 2011 at 5:00 p.m. in the
Council Chamber, 22 Civic Center Plaza, Santa Ana, California.
Maria D. Huizar,
Clerk of the Council
CITY COUNCIL MINUTES 20 AUGUST 24, 2011