Loading...
HomeMy WebLinkAbout10A - MINUTES - 07-02-12MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JULY 2, 2012 CLOSED SESSION MEETING CALLED TO ORDER ATTENDANCE PUBLIC COMMENTS - None COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:10 P.M. P. DAVID BENAVIDES MICHELE MARTINEZ (5:11 p.m VINCENT F. SARMIENTO SAL TINAJERO (5:17 p.m.) COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA C. ALVAREZ, Mayor Pro Tern COUNCILMEMBERS Absent: CARLOS BUSTAMANTE STAFF Present: PAUL M. WALTERS, Interim City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:10 p.m. 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--ANTICIPATED LITIGATION pursuant to Government Code Section 54956.9(b) • Two Matters* • Allstate Insurance as Subrogee for Anthony Silva, Claim #2012-061 *Mayor Pro Tern Alvarez recorded a Conflict of Interest and left room at 5:12 p.m. She returned at 5:59 p.m. and noted for the record that Clerk of the Council should have also recused herself. CITY COUNCIL MINUTES 1 JULY 2, 2012 1 0A-1 1B CONFERENCE WITH LEGAL COUNSEL-INITIATION OF LITIGATION pursuant to Government Code Section 54956.9(c) • One Matter* CLOSED SESSION REPORT - See Item 19A. for Report. ADJOURNED THE CLOSED SESSION MEETING AT 6:08 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 2 JULY 2, 2012 1 0A-2 REGULAR OPEN SESSION CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:15 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA C. ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO COUNCILMEMBERS Absent: CARLOS BUSTAMANTE PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS STAFF Present: PAUL M. WALTERS, Interim City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO Gary Tucker, Police Chaplain SPECIAL PRESENTATION - CERTIFICATE OF RECOGNITION TO JONATHAN ESPINOZA FOR HIS SERVICE ON THE YOUTH COMMISSION - COUNCILMEMBER SAL TINAJERO EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to: 20 YEARS OF SERVICE Ramona M. Lujan, Senior Workers' Compensation Claims Examiner, Personnel Services Joan C. Shearing, Senior Workers' Compensation Claims Examiner, Personnel Services CITY COUNCIL MINUTES 3 JULY 2, 2012 1 0A-3 25 YEARS OF SERVICE John W. Gammon, Fire Engineer, Fire Department Troy D. Guidry, Police Sergeant, Police Department Jane A. Winston, Secretary, Police Department Jesus David Rodriguez, Water Services Worker II, Public Works Agency KEY TO THE CITY presented by MAYOR MIGUEL PULIDO to Henry T. Nicholas III, PhD and Judge Jack K. Mandel for their many contributions to the City of Santa Ana and the Nicholas Academic Centers. CERTIFICATES OF RECOGNITION presented by MAYOR PRO TEM CLAUDIA ALVAREZ to the Santa Ana Boys & Girls Soccer Teams; Girls U-26- Victoria Aguilar, Jazmin Antunez, Jessica Banos, Karla Blanco, Karina Cisneros, Lesly Escobar, Daisy Garcia, Liliana Lopez, Aeidi Montiel, Adriana Najera, Wendy Pintor, Alexandra Preciado Sandra Preciado, Amy Ramos, Guadalupe Rodriguez, Sandra Rubalcaba, and Arabia Ruiz; Boys-U17-Heriberto M. Castelan, Gerardo Cisneros, Armando Flores, Jose Gallardo, Eric Garnica, Carlos Granados, Andres Huerta, Marco A. Joya, Ivan Ocampo, Marcos Olivares, Juan Prado, Fernando Reyes, Ricardo J. Rivera, Rogelio Suazo, and Edgar Valencia and Coaches Peter Garcia, Johnny Garcia, Juan H. Garcia, Evangelina Garcia, Fernando Huerta, Alicia Huerta, Lourdes Lugo, Marisol Pulido, Flavio Salas, Aurora Salas, Mauro Topete, and Norma Topete for representing the City of Santa Ana at the MexGames Tournament in April 2012. CERTIFICATE OF RECOGNITION presented by MAYOR PRO TEM CLAUDIA ALVAREZ to Santa Ana student Alberto Tapia for receiving the 2012 Disneyland Resort Scholarship. PROCLAMATION presented by COUNCILMEMBER MICHELE MARTINEZ to Jay Trevino, Executive Director of the Planning and Building Agency recognizing Santa Ana Complete Streets. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER MICHELE MARTINEZ to Santa Ana resident Dorothy Borden for her commitment and perseverance in the pursuit of her high school diploma. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBERS VINCENT SARMIENTO AND MICHELE MARTINEZ to Beatrice Jimenez for her heroic action in assisting in the apprehension of a felony hit-and-run driver who attempted to flee the scene of a crime, and to the Santa Ana Police Foundation for establishing the Meza Family Fund to raise money for the victims of this tragic incident. CITY COUNCIL MINUTES 4 JULY 2, 2012 1 0A-4 CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER SAL TINAJERO to the Northwest Little League City Tournament Winners and Champions - A Titans Team: Ethan Aguilar, Elijah Bennett, Zander Bretza, Christian Duran, Jake Haro, Alexander Haro, Jesse Heredia, Daniel Ladd, Damian Martinez, Noah Pinon, Ethan Robles, Carlos Sanchez, Manager John Bretza and Coaches John Bretza Sr., Frank Martinez and Pedro Pinon; AA Dirtbags Team - Aden Eckenwiler, Joshua Elizalde, Kayla Figueroa, Albert Guillen, Grady Mulkerin, Nicholas Munoz, David Nisson, Isaac Oyervides, Skip Tanner, Troy Tanner, Alondra Tapia, Martin Valadez, Manager Javier Oyervides and Coaches Larry Elizalde and Skip Tanner; Major Wolverines Team - Jonathan Berber, Garrett Brooks, Damien Chavez, Freddy Cruz, Ryder Eddy, Matthew Elizalde, Nicolai Garces, William Green, Jack Marfice, Nathan Morales, Eric Padilla, Caesar Perez, Jose Sanchez, Manager Paul Eddy and Coaches Edward Padilla, Larry Elizalde and Armondo Chavez; Champions Junior Titans Victor Carmona, Hector Garcia, Daniel Lopez, Isaac Melgoza, Ceasar Rodriguez, Isaiah Sandoval. Raymon Serrato, Franky Sosa, Henry Vallejo, Manager Ricardo Hernandez and Coaches Rocky Arreola, Erik Hernandez and Manny Vega. CLOSED SESSION REPORT - City Attorney Carvalho reported that by unanimous consent approved a settlement agreement in the case of Allstate Insurance as subrogee for Anthony Silva, Claim No. 2012-061. See Agenda 19A for report. Mayor Pro Tern Alvarez noted that there would not be a quorum to consider Agenda Item 85A. City Attorney Carvalho indicated that under the provisions of the Brown Act the remainder of the Councilmembers may take comments, can discuss direction, but will not be recorded in the Official Minutes. PUBLIC COMMENT • Adriana Cuin, youth intern for the Youth Advocate for Sustainable Communities at Kidworks, supports joint use agreement with Santa Ana Unified School District for open space; opined that park space in City low in comparison with other surrounding communities. • Maria Velasquez, representing Kidworks, supports joint efforts between the City and school district for open space; opined that current park conditions poor; deter gang involvement by providing more park space. • Aracely Robles, member of SACReD, supports Sunshine Ordinance; opined that ordinance as proposed would allow for healthy housing opportunities, more open space, less liquor shots, and set precedence for other municipalities to follow. • Antonio Bogarin, supports proposed Sunshine Ordinance; would allow for more transparency, open discussions, and increased notification; would like to include notification process for renters. • Manuela Lopez, spoke in support of proposed Sunshine Ordinance. • Rosa Maria Pizano, active member of our community; supports Sunshine Ordinance; goal is to have better living conditions. CITY COUNCIL MINUTES 5 JULY 2, 2012 1 0A-5 • Luis Fuentes, representative of SEIU Local 1877; supports Sunshine Ordinance; opined that transparency will lead to greater civic engagement and improve living conditions. • Randall Au, thanked Councilmember Benavides for leadership in addressing the proposed sale of the Santora Building, City Attorney Carvalho for objectivity and Alicia Rojas for bringing artists together; thanked the City Council for Report. • Alicia Rojas, thanked the City Council for Report on Santora Building and forming an Ad Hoc Committee; look forward to strategic planning and working with future buyer of Santora Building; would like Art to remain in the forefront and continue to bridge diversity; invited all to upcoming 84th Anniversary Celebration of Santora Building on Saturday, July 7, 2012. • Grant Adelars, spoke on miscellaneous personal issues. CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 10A through 31A with the following modifications: • Councilmember Sarmiento pulled Agenda Items 25A and 25H for separate discussion; and abstained on item 25E due to a conflict of interest (financial interest); • Councilmember Martinez abstained on Agenda Item 25E due to a campaign contribution; and pulled Agenda Item 25C for separate action; • Mayor Pro Tern Alvarez recorded a No on Agenda Item 19C and requested that the City Manager bring back report for City Council discussion and consideration on Obsolete Records and Destruction; and • Councilmember Benavides pulled Agenda Item 23A and 25L for separate discussion. MOTION: Tinajero VOTE: AYES: NOES: ABSTAIN: ABSENT: 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. SECOND: Benavides Alvarez, Benavides, Tinajero (6) None (0) None (0) Bustamante (1) Martinez, Pulido, Sarmiento, CITY COUNCIL MINUTES 6 JULY 2, 2012 1 0A-6 ADMINISTRATIVE MATTERS MINUTES 10A MINUTES FROM THE REGULAR MEETING OF JUNE 18, 2012 - Clerk of the Council Office MOTION: Approve Minutes. MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT - City Attorney's Office MOTION: Approve settlement agreement. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION pursuant to Government Code Section 54956.9(b) - Allstate Insurance as Subrogee for Anthony Silva, Claim #2012-061 in the amount of $11,928.54. 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. BUDGETARY MATTERS GRANTS/APPLICATIONS 21A AUTHORIZATION TO APPLY FOR FEDERAL HIGHWAY SAFETY IMPROVEMENT PROGRAM GRANTS - Public Works Agency MOTION: Authorize the City to submit applications to the State of California Department of Transportation for federal funding for two projects under the Highway Safety Improvement Program. SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES CITY COUNCIL MINUTES 7 JULY 2, 2012 1 0A-7 MOTION: Award in accordance with Request for Council Action. (Items 22A through 22F) 22A SPEC. NO. 06-167 - LIBRARY CATALOGING AND PURCHASE OF BOOKS AND MATERIALS - Renew the contract with Brodart Company for a one-year period in an amount not to exceed $285,000 (Parks, Recreation & Community Services Agency) - Finance & Management Services 22B SPEC. NO. 08-077 - HEATING, VENTILATION, AND AIR CONDITIONING MAINTENANCE AND REPAIRS - Renew the contract with Adelphia, Inc. d/b/a Chandler's Air Conditioning and Refrigeration for a one-year period in an annual amount not to exceed $50,000 - Finance & Management Services 22C SPEC. NO. 08-046 - CHARTER BUS SERVICE - Renew the contract with Certified Transportation Services, Inc. in an amount not to exceed $55,000 - (Parks, Recreation & Community Services Agency and Police Department) - Finance & Management Services 22D SPEC. NO. 09-036 - TRANSPORTATION SERVICES FOR THE SENIOR CENTERS - Renew the contract with JFK Transportation Company for a one-year period in an annual amount not to exceed $50,000 (Parks, Recreation & Community Services Agency) - Finance & Management Services 22E SPEC. NO. 12-042 - BALLISTIC PLATES AND CARRIERS - Award a contract to Galls, LLC in an amount not to exceed $42,000. (Police Department) - Finance & Management Services 22F SPEC. NO. 08-075 - COPIER LEASES AND MAINTENANCE SERVICES - Amend the contract with Ricoh Americas Corporation to allocate funds for the remaining two years of the copier leases and maintenance services term, in an annual amount not to exceed $100,000. - Finance & Management Services PROJECTS/CHANGE ORDERS 23A CONTRACT AWARD FOR JEROME PARK IMPROVEMENTS: (PROJECT NOS. 127527, 127528, 127529, 127530) NON GENERAL CITY COUNCIL MINUTES 8 JULY 2, 2012 1 0A-8 FUND - Public Works Agency, Parks, Recreation, & Community Services and Community Development Agency * MOTION: 1. Award a contract to Excel Paving Company, Inc., the lowest responsible bidder, in accordance with the bid quantity prices in the amount of $738,173 for construction of the Jerome Park Improvements; 2. Approve a funding analysis with a total estimated construction cost of $958,613. * Vote and approval considered simultaneously with Agenda Item 25L. 23B CONTINGENCY INCREASE WITH R.J. NOBLE COMPANY FOR RESIDENTIAL STREET REPAIR - PHASE 16 (PROJECT NO. 126753) NON GENERAL FUND - Public Works Agency and Community Development Agency MOTION: Increase the contingency for the contract with R.J. Noble Company for Residential Street Repair, Phase 16, by $500,000, and authorize the City Manager to execute change orders in an amount not to exceed the authorized contingency. AGREEMENTS 25A AGMT NO. 2012-144 - INTERIM MANAGEMENT ASSISTANCE SERVICES AND THE DEVELOPMENT OF A STRATEGIC PLAN- City Manager's Office Councilmember Sarmiento requested clarification on scope of work. City Manager Walters reported that contract would allow for continued service with Management Partners on strategic planning and part-time Assistant City Manager to work on development projects. Councilmember Benavides commented that strategic plan, goals and objections forthcoming. Councilmember Martinez requested a time line and next steps be included in strategic plan and City Council vision. Mayor Pulido expressed support for strategic plan efforts. MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Management Partners Inc. at a monthly amount not to exceed $20,000, subject to non-substantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES 9 JULY 2, 2012 1 0A-9 MOTION: Sarmiento VOTE: SECOND: Benavides Alvarez, Benavides, Sarmiento, Tinajero (6) None (0) None (0) Bustamante (1) AYES: NOES: ABSTAIN: ABSENT: Martinez, Pulido, 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, and 25D through 25K) 25B AGMT NO. 2012-145 - STATE GOVERNMENT LIAISON SERVICES - With Townsend Public Affairs for an annual amount not to exceed $50,000 - City Manager's Office 25C FEDERAL GOVERNMENT LIAISON SERVICES.- City Manager's Office MOTION: Continue consideration of matter for 30 days (August 6, 2012 City Council Meeting). MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Martinez, Pulido, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Bustamante (1) 25D AGMT NO. 2012-146 - AMENDMENT - AUTOMATED PARKING CITATION PROCESSING SYSTEM - With Phoenix Group Information Systems in an amount not to exceed $100,000 for a six month extension (Public Works Agency and Community Development Agency) - Police Department CITY COUNCIL MINUTES 10 JULY 2, 2012 1 0A-10 25E AGMT NO. 2012-147 - MEMORANDUM OF UNDERSTANDING (MOU) - With the Police Management Association (PMA) regarding wages and other terms and conditions of employment resulting in a one-year extension to expire on June 30, 2014 - Personnel Services Agency Mayor Pro Tern Alvarez commented on subsections 6 and 7 - the City Council approved as part of its Fiscal Policy that the City would not allow mandatory staff requirements or overtime. Would like to make it clear that language in contract does not intend to circumvent Fiscal Policy. *Councilmembers Sarmiento and Martinez abstained due to conflicts of interest. 25F AGMT NO. 2012-148 - AMENDMENT - DOWNTOWN GENERAL MAINTENANCE SERVICES AND GUARDRAIL, BOLLARD AND CHAIN LINK FENCE REPAIR - With Orange County Contractors Services dba Orange County Mailboxes and Construction in an amount not to exceed $55,000 through June 30, 2013 (Community Development Agency) - Public Works Agency 25G AGMT NO. 2012-149 - COOPERATIVE - IMPLEMENTATION OF FAIRVIEW TRAFFIC SIGNAL SYNCHRONIZATION (PROJECT 126769) NON GENERAL FUND - With the City of Costa Mesa - Public Works Agency 25H AGMT NO. 2012-150 - AMENDMENT - GO LOCAL PROJECT MANAGEMENT OVERSIGHT (PROJECT NO. 092505) - Public Works Agency Continued from the June 18, 2012 City Council Meeting by a vote of 5-0 (Benavides and Martinez absent) Councilmember Martinez requested that the City Council continue to be appraised on project and meet on a regular basis. Councilmember Sarmiento noted that fund adjustments have had to be approved recently. Urged staff to keep all informed. Mayor Pro Tern Alvarez supports project and requested that information and status reports be shared with all City Councilmembers. Mayor Pulido noted that City has opportunity to have $180 million allocated for the Project. CITY COUNCIL MINUTES 11 JULY 2, 2012 1 0A-11 MOTION: Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Cindy Krebs Consulting, Inc. to extend the term of the contract to April 30, 2013 in the amount of $165,000, subject to non-substantive changes approved by the City Manager and City Attorney. MOTION: Martinez VOTE: AYES: SECOND: Tinajero Alvarez, Benavides, Sarmiento, Tinajero (6) NOES: ABSTAIN: ABSENT: None (0) None (0) Bustamante (1) Martinez, Pulido, 251 AGMT NO. 2012-151 - AMENDMENT - CABLE AUDIT SERVICES - With Communications Support Group in an amount not to exceed $20,000, for a total not to exceed amount of $98,000 - Parks, Recreation & Community Services Agency 25J LEISURE CLASS INSTRUCTORS - Parks, Recreation & Community Services Agency • AGMT NO. 2012-152 - AMENDMENT - With Martin Torres for Karate Do Kai instruction, extending the term one-year, and adding $30,000 for next fiscal year. • AGMT NO. 2012-153 -AMENDMENT -With Choc Le for Tae Kwon Do instruction, extending the term one-year, and adding $30,000 for next fiscal year. 25K AGMT NO. 2012-154 - SEXUAL ASSAULT EVIDENCE COLLECTION - With AHMC Anaheim Regional Medical Center (ARMC) - Police Department 25L AGMT NO. 2012-155 - JOINT USE OF MONTE VISTA ELEMENTARY SCHOOL AND JEROME PARK SITES - Parks, Recreation & Community Services Agency CITY COUNCIL MINUTES 12 JULY 2, 2012 1 0A-12 Councilmember Benavides commented on significant improvements at Jerome Park through approval of Agenda Items 23A and 25L. Neighborhood has been active in seeking improvements. Gerardo Mouet, Executive Director of Parks and Recreation noted that civic engagement has enhanced joint use opportunities; various improvements include improved public access, parking lot, fencing and lighting improvements. Councilmember Benavides thanked staff for efforts. Councilmember Martinez noted that PREY Committee considered the matter; thanked Councilmember Benavides and Santa Ana Unified School District Superintendent for leadership and partnership; open space vital, however want to make sure programs are sustainable. MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with the Santa Ana Unified School District (SAUSD), subject to non-substantive changes approved by the City Manager and City Attorney. MOTION: Benavides SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Martinez, Pulido, Sarmiento (5)* NOES: None (0) ABSTAIN: None (0) ABSENT: Bustamante, Tinajero (2) *Vote and approval considered simultaneously with Agenda Item 23A. LAND USE MATTERS CONDITIONAL USE PERM ITIVARIANCES 31A CONDITIONAL USE PERMIT NO. 2012-08 TO ALLOW THE AFTER HOURS OPERATION AT A NEW 7-ELEVEN AT 1441 WEST MACARTHUR BOULEVARD - BARRY HAMMOND, APPLICANT - Planning and Building Agency Recommended action approved by the Planning Commission on June 11, 2012, by a vote of 5-0 (Gartner and Turner absent). CITY COUNCIL MINUTES 13 JULY 2, 2012 1 0A-13 MOTION: Receive and file the staff report approving Conditional Use Permit No. 2012-08 as conditioned. **END OF CONSENT CALENDAR** BUSINESS CALENDAR ITEMS RESOLUTIONS 55A WORKFORCE INVESTMENT ACT TITLE 1 SUB-GRANT FOR PROGRAM YEAR 2012-2013 - Community Development Agency MOTION: Adopt a resolution. RESOLUTION NO. 2012-030 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS FOR THE WORKFORCE INVESTMENT ACT SUB-GRANT WITH THE STATE OF CALIFORNIA, WORKFORCE INVESTMENT DIVISION MOTION: Alvarez SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Martinez, Pulido, Sarmiento (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Bustamante, Tinajero (2) REPORTS 65A SANTORA BUILDING AD HOC REPORT - City Attorney's Office Councilmember Benavides commented on historic significant of Santora Building; United Artist of Santa Ana organized to address concerns with prospective buyer; encouraged all to continue engagement. Councilmember Tinajero commented on exciting time in arts movement. Councilmember Martinez thanked all for meeting with the City Council and setting the foundation to make arts a priority. CITY COUNCIL MINUTES 14 JULY 2, 2012 1 0A-14 Councilmember Sarmiento noted that arts movements started many years ago; would like to have the City Council reconsider Arts Council; cultural and economic benefits. MOTION: Receive and file. MOTION: Benavides VOTE: AYES: SECOND: Alvarez Alvarez, Benavides, Sarmiento, Tinajero (6) Martinez, Pulido, NOES: ABSTAIN: ABSENT: 65B None (0) None (0) Bustamante (1) DISCUSSION OF PROPOSED SUNSHINE REGULATIONS - City Attorney's Office Councilmember Tinajero expressed support for transparent and open government; directed staff to draft sunshine ordinance that will promote civic engagement, participation and inclusion. Councilmember Sarmiento noted that Councilmember Tinajero chairs the Code of Ethics and Conduct Committee that considered the matter; directed staff to continue to work with coalitions; proposed ordinance will make Santa Ana one of the most open governments in the State and information more accessible. Mayor Pro Tern Alvarez supports action; thanked SACReD for efforts. MOTION: Direct the City Attorney to continue to work with the SACReD and OCCOG coalitions in preparing a Sunshine ordinance. MOTION: Tinajero VOTE: AYES: NOES: ABSTAIN: ABSENT: Martinez, Pulido, CITY COUNCIL MINUTES SECOND: Sarmiento Alvarez, Benavides, Sarmiento, Tinajero (6) None (0) None (0) Bustamante (1) 15 JULY 2, 2012 1 0A-15 PUBLIC HEARINGS 75A PUBLIC HEARING - 2012/13 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND GRANT - Police Department Legal Notice published in the O.C. Reporter on June 22, 2012. Mayor Pulido opened the Public Hearing. There were no speakers and the Hearing closed. MOTION: Adopt a resolution. RESOLUTION NO. 2012-031 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO APPROVE THE PROPOSED EXPENDITURE PLAN FOR THE 2012-2013 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND MOTION: Martinez SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Martinez, Pulido, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Bustamante (1) 75B PUBLIC HEARING - RECOVERY OF UNCOLLECTED COSTS FOR ABATEMENT OF DANGEROUS AND ABANDONED BUILDINGS - Planning and Building Agency Legal Notice published in the O.C. Reporter on June 22, 2012 and notices mailed on June 21, 2012. Mayor Pulido opened the Public Hearing. There were no speakers and the Hearing closed. MOTION: Adopt a resolution. RESOLUTION NO. 2012-032 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING OBJECTIONS TO AND CONFIRMING THE COSTS OF SECURING AND DEMOLITION OF CITY COUNCIL MINUTES 16 JULY 2, 2012 1 0A-16 VARIOUS STRUCTURES DECLARED TO BE PUBLIC NUISANCES; MAKING, CONFIRMING AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDERING SUCH COSTS TO BE RECORDED WITH THE ORANGE COUNTY RECORDER MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Martinez Alvarez, Benavides, Sarmiento, Tinajero (6) Martinez, Pulido, None (0) None (0) Bustamante (1) 75C PUBLIC HEARING - WEED ABATEMENT PUBLIC NUISANCE REPORT FOR FISCAL YEAR 2011-2012 - Public Works Agency Legal Notice published in the O.C. Reporter on June 22, 2012 and notices mailed on June 21, 2012. Mayor Pulido opened the Public Hearing. There were no speakers and the Hearing closed. MOTION: Adopt a resolution. RESOLUTION NO. 2012-033 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONFIRMING THE COSTS OF WEED, RUBBISH AND GARBAGE ABATEMENT: MAKING, CONFIRMING, AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDERING A COPY THEREOF TO BE FILED WITH THE COUNTY AUDITOR, ASSESSOR AND TAX COLLECTOR MOTION: Martinez SECOND: Tinajero VOTE: AYES: Alvarez, Benavides, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Bustamante (1) CITY COUNCIL MINUTES 17 Martinez, Pulido, JULY 2, 2012 1 0A-17 THE CITY COUNCIL MEETING RECESSED AT 9:00 P.M. TO THE HOUSING AUTHORITY MEETING, FOLLOWED BY THE SUCCESSOR AGENCY MEETING; THE CITY COUNCIL MEETING RECONVENED AT 9:02 P.M. WITH SAME MEMBERS PRESENT. 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. 85B DIRECTIONS TO PREPARE REQUEST FOR PROPOSALS (RFP) FOR DOWNTOWN DEVELOPMENT OPPORTUNITIES - Sponsored by Councilmembers Martinez and Sarmiento, and co-sponsored by Mayor Pulido MOTION: Direct staff to reconvene the Development Council Committee; allow Committee to analyze matter and bring back to the City Council for consideration. MOTION: Sarmiento SECOND: Tinajero VOTE: AYES: Alvarez, Benavides, Martinez, Pulido, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Bustamante (1) Mayor Pulido and Councilmembers Martinez and Sarmiento declared conflicts of interest on Agenda Item 85A and recused themselves. They left the dais. Mayor Pro Tern Alvarez assumed the Chair, with remaining Councilmembers Benavides and Tinajero present. A quorum of the Santa Ana City Council was not present. ADJOURNED - 9:16 P.M. the Regular Meeting of July 2, 2012 was adjourned due to lack of quorum. The next meeting of the City Council is scheduled for Monday, July 16, 2012 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 5:45 p.m. in the Police Community Room, 60 Civic Center Plaza, Santa Ana, California. CITY COUNCIL MINUTES 18 JULY 2, 2012 1 0A-18 Maria D. Huizar, Clerk of the Council COUNCIL AGENDA ITEM 85A ADDRESS PROPERTY AND BUSINESS IMPROVEMENT DISTRICT ("PBID") ISSUES AND CONCERNS INCLUDING BUT NOT LIMITED TO PROCESS FOR DISESTABLISHMENT, AMENDING RESOLUTION TO ADD PROCESS FOR DISESTABLISHMENT BY PROPERTY OWNERS, HOLDING ADVISORY ELECTION, AND SETTING PUBLIC HEARING FOR DISESTABLISHMENT (Mayor Pro Tern Alvarez and Councilmember Tinajero) Continued from the August 24, September 19, October 3, and October 17, and November 7, 2011 City Council meetings. At the request of Mayor Pro Tern Alvarez, public comments on Item 85A proceeded with the following members and staff present: Mayor Pro Tern Alvarez, Councilmembers Benavides and Tinajero, City Manager Walters , City Attorney Carvalho, and Clerk of the Council Huizar Discussion on Item 85A concluded at 11:20 p.m. CITY COUNCIL MINUTES 19 JULY 2, 2012 1 0A-19 1 OA-20