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Home My WebLink About10A - MINUTES - 10-01-2012MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA OCTOBER 1, 2012 CLOSED SESSION MEETING CALLED TO ORDER ATTENDANCE PUBLIC COMMENTS - None COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:15 P.M. COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor (5:17 p.m.) CLAUDIA C. ALVAREZ, Mayor Pro Tem P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO (5:32 p.m.) COUNCILMEMBERS Absent: None STAFF Present: PAUL M. WALTERS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:15 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--EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) Peebler vs. State of California Department of Finance, City of Santa Ana et al., Case No. 34-2012-80001172-CU-WM-GDS CITY COUNCIL MINUTES 1 OCTOBER 1, 2012 1 0A-1 1B CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION pursuant to Government Code Section 54956.9(b) Property and Business Improvement District ("PBID")/Community Management District (CMD), Downtown Inc.* *Mayor Pulido and Councilmember Martinez abstained on Agenda Item 1 B due to a conflict of interest and left the room during the discussion of said matter. 1C CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Ed Raya Employee Organizations: Santa Ana Police Officers Association (POA)** **Councilmembers Martinez and Sarmiento abstained on Agenda Item 1C due to receipt of campaign contributions and left the room during the discussion of said matter. CLOSED SESSION REPORT - See Item 19A. for Report. ADJOURNED THE CLOSED SESSION MEETING AT 6:10 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 2 OCTOBER 1, 2012 1 0A-2 REGULAR OPEN SESSION CALLED TO ORDER ATTENDANCE PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:16 P.M. COUNCILMEMBERS Present: MIGUEL A. 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, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO TIM FELKER, POLICE CHAPLAIN PROCLAMATION presented by MAYOR PULIDO to Dr. David Nunez, County of Orange, Family Health Medical Director in recognition of County of Orange Childhood Lead Poisoning Prevention Week. PROCLAMATION presented by MAYOR PULIDO to Assistance League of Santa Ana President Judy Tschetter in recognition of the League's 75th Anniversary. CERTIFICATES OF RECOGNITION presented by MAYOR PRO TEM ALVAREZ to the Boys and Girls Club; Community Service Programs (CSP); Girls, Inc.; Human Options; Kidworks; Mercy House, Orange County Bar Foundation; Orange County Children's Therapeutic Arts Center; Taller San Jose; and WISEPlace in recognition of their ongoing support and contribution to the residents and community of Santa Ana. CITY COUNCIL MINUTES 3 OCTOBER 1, 2012 1 0A-3 PROCLAMATION presented by COUNCILMEMBER MARTINEZ to The League of United Latin American Citizens, District 1, President Zeke Hernandez, in recognition of Hispanic Heritage Month. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to Mother's Market and Kitchen President Alejandro Hernandez-Martinez and Terri Takemoto in recognition of its 4t" Year Anniversary in Santa Ana. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER SARMIENTO to Owner Jerry Zomorodian, Arco Gas Station; General Manager Jim Masters and Paul Walsh, Coast Composites; and Arturo Saucedo, California Youth Soccer for their contribution to the community and its residents. CLOSED SESSION REPORT - See Item 19A. for Report. PUBLIC COMMENT • Peter Katz, loves Santa Ana, council efforts have improved city, gang involvement and crime overall down, roads repaired, Forbes magazine named the City safest city compared to others of similar size, and 3rd largest in trade; proposed voluntary tax for park improvements and code enforcement services. • Dave Hoen, opposed to City expense to defend Measure D lawsuit, proposed repayment by plaintiff. ? Mayor Pro Tern Alvarez responded to comments; opined that loopholes exist in Measure D and lawsuit did not resolve other problems with Measure, City staff requested Legal Opinion; also applicability of Measure D applies to all Councilmembers. • Councilmember Martinez expressed support of outside legal counsel to defend lawsuit on Measure D and believes City should not have paid legal costs since City prevailed. • Connie Hamilton, concerned with SAMC 41-238 regarding remodeling, inconsistencies with other surrounding communities in how the City handles variances and high costs of application process. • Herb Rose, spoke in support of disestablishment of PBID. • Glen Stroud, noted that he wrote letter to City Manager on endorsement of elected official, expected acknowledgement of letter; suggested City develop an Oversight Commission to handle these type of complaints and matters. • Albert Castillo, commented on Mayor's long tenure; city has had more development than open space projects; also, Dia de Los Muertos is sponsored by El Centro Cultural and not Downtown Inc. • Debbie McEwen, indicated that Friends of Lacy Street had entered into a contract with the City for rehabilitation and preservation of historic homes, homes have been moved to French Park, but much has been stripped of historic value. ? Councilmember Martinez requested meeting to discuss matter. CITY COUNCIL MINUTES 4 OCTOBER 1, 2012 1 0A-4 • Jeff Dickman, noted that settlement agreement between City and Friends of Lacy to preserve historic homes required 6 out of 10 to be preserved at State Historic Preservation standards, opined that standard not met. Also, inquired as to how much public funds spent on rehabilitation project. • Joese Hernandez, supports sunshine ordinance; opined that PBID illegally established. CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 10A through 31A with the following modifications: • Mayor Pro Tern Alvarez recorded a "No" vote on Agena Item 19A and pulled Agenda Item 25B, for separate discussion; • Councilmembers Martinez and Benavides pulled Agenda Item 20A, for separate discussion; and • Addition of Closed Session Report (Agenda Item 19A). 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 REGULAR MEETING OF SEPTEMBER 17, 2012 - Clerk of the Council Office MOTION: Approve Minutes. CITY COUNCIL MINUTES 5 OCTOBER 1, 2012 1 0A-5 BOARDS / COMMISSIONS / COMMITTEES 13A APPOINTMENT TO THE SANTA ANA WORKFORCE INVESTMENT BOARD -Community Development Agency MOTION: Appoint Ignacio Alegre, Rehabilitation Supervisor, replacing Maryann Conway, as the Department of Rehabilitation representative on the Santa Ana Workforce Investment Board. 13B COUNCIL COMMITTEE REPORTS - PARKS, RECREATION, EDUCATION AND YOUTH (PREY) MINUTES - PARKS, RECREATION & COMMUNITY SERVICES AGENCY MOTION: Receive and file Parks, Recreation, Education and Youth Minutes of June 4, 2012. MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT - City Attorney's Office MOTION: Approve as follows: 1. Authorize to protect interest of the City - Peebler vs. State of California Department of Finance, City of Santa Ana, et al., Case No. 34-2012- 80001172-CU-WM-GDS. 2. Continue to negotiate with all parties - Property and Business Improvement District ("PBID")/Community Management District (CMD), Downtown Inc. 3. Approve Amendment to Memorandum of Understanding - Labor Negotiations with Santa Ana Police Officers Association (POA)* Approved by 4-1 Vote. Mayor Pro Tern voted "No" and Councilmembers Sarmiento and Martinez abstained. *Mayor Pro Tern Alvarez voted "No" on Agenda Item 3 regarding the Amendment to the Memorandum of Agreement (Side Letter) regarding PERSable salary; concerned with cost to the City in perpetuity; requested legal opinion from PERS on matter. 19B EXCUSED ABSENCES - None 19C QUARTERLY REPORT OF CONTRACTS ENTERED INTO BY THE CITY MANAGER - Finance & Management Services CITY COUNCIL MINUTES 6 OCTOBER 1, 2012 1 0A-6 MOTION: Receive and file the Quarterly Report of Contracts entered into between April 1, 2012 to June 30, 2012 valued at $25,000 and less. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A LEASE AGREEMENT WITH VERIZON WIRELESS FOR CO-LOCATION OF CELLULAR ANTENNA AT JEROME PARK AND APPROPRIATION ADJUSTMENT Parks, Recreation & Community Services Agency Councilmember Martinez, Chair of the PREY Council Committee discussed matter. Councilmember Sarmiento indicated that approval is symbolic; revenue will remain at Park. Councilmember Tinajero congratulated Councilmember Martinez for advocating for park programs and held Council accountable to their commitments. Councilmember Benavides indicated that revenue will benefit park. Parks and Recreation Services Executive Director Gerardo Mouet noted that approximately $400,000 expected revenue. MOTION: 1. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute a lease agreement for co- location of cellular antenna and equipment building at Jerome Park, subject to non-substantive changes approved by the City Manager and the City Attorney. AGMT NO. 2012-198 - With Verizon Wireless 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2013-035 - recognizing $46,800 in the Capital Outlay Fund Miscellaneous Recovery account and appropriate same to the Capital Outlay Fund Improvements Other than Buildings Expenditure account. CITY COUNCIL MINUTES 7 OCTOBER 1, 2012 1 0A-7 3. Receive and file Categorical Exemption for Environmental Review No. 2012-59 (Jerome Park). MOTION: Martinez SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 20B APPROPRIATION ADJUSTMENT ACCEPTING FUNDS FOR THE TRAFFIC SIGNAL AT FAIRVIEW STREET AND EDNA DRIVE (PROJECT NO. 126758) -Public Works Agency MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2013 - 034 - Accepting funds from the Wintersburg Presbyterian Church in the amount of $2,000 into the select street construction fund and appropriating the funds into the select street construction fund for the traffic signal installation at Fairview Street and Edna Drive. SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES MOTION: Award in accordance with Request for Council Action. (Items 22A through 22D) 22A SPEC. NO. 11-044 - SIGNS, HARDWARE AND ACCESSORIES - Renew the contract with Safeway Sign Company for a one-year period in an amount not to exceed $100,000 (Public Works Agency) - Finance & Management Services 22B SPEC. NO. 11-035 - ELEVATOR MAINTENANCE AND REPAIR SERVICES - Renew the contract with Pacific Coast Elevator dba Amtech Elevator Services for a one-year period in an annual amount not to exceed $45,000 - Finance & Management Services 22C SPEC. NO. 09-051 - PREPAID GASOLINE CARDS - Renew the contract with SVM, LP for a one-year period in an annual amount not to exceed CITY COUNCIL MINUTES 8 OCTOBER 1, 2012 1 0A-8 $31,500 (Community Development Agency) - Finance & Management Services 22D SPEC. NO. 12-050 - CIVIC CENTER TREE PRUNING - Award a contract with George Salinas Tree Preservation in an amount of $52,300 (Parks, Recreation and Community Services) - Finance & Management Services AGREEMENTS 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. (Items 25A, and 25C through 25G) 25A AGMT NO. 2012-199 - AMENDMENT - LAND LEASE TO REMOVE CO- LOCATION REVENUE SHARING REQUIREMENT OF THE NEW CINGULAR WIRELESS MONOPINE LOCATED AT 2115 W. MCFADDEN - With New Cingular Wireless PCS, LLC - Parks, Recreation & Community Services Agency 25B AGMT NO. 2012-200 - INSTRUCTIONAL SERVICES - Parks, Recreation & Community Services Agency and Community Development Agency Mayor Pro Tern Alvarez noted that digital center is partnership with Rancho Santiago Community College; program trains 8 students. Councilmember Martinez indicated that Seeds to Trees program attendees developed video to promote literacy; supports program and thanked staff. MOTION: Authorize the City Manager and Clerk of the Council to execute the following agreement, with the Rancho Santiago Community College District in an amount of $88,463 to provide instructional services to eligible youth participating in the Seeds to Trees Digital Media Academy subject to non-substantive changes approved by the City Manager and City Attorney. MOTION: Alvarez SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) CITY COUNCIL MINUTES 9 OCTOBER 1, 2012 1 0A-9 ABSTAIN: None (0) ABSENT: None (0) 25C GRAND AVENUE WIDENING (PROJECT NO. 081732 NON-GENERAL FUND) - Public Works Agency 1. Authorize the City Manager and Clerk of the Council to execute settlement agreements: • AGMT NO. 2012-201 - With Roberto Comparan dba Comparan Produce, tenant of the property located at 204 North Grand Avenue (APNs 398-453-05 & 06) in the amount of $22,510. • AGMT NO. 2012-202 - With Alfred Laguna dba Continental Barber, tenant of the property located at 208 North Grand Avenue (APNs 398-453-05 & 06) in the amount of $16,730. • AGMT NO. 2012-203 - With K & K Investments LP, tenant of the property located at 218 North Grand Avenue (APNs 398-453-05 & 06) in the amount of $29,815. • AGMT NO. 2012-204 - With Raymundo Pena dba Imagen Beauty, tenant of the property located at 1221 East First Street, Unit D (APNs 398-454-12 & 13) in the amount of $17,415. • AGMT NO. 2012-205 - With Joan McVay, Lance McVay, Joanna McVay, Trustee for the Joanna McVay Revocable Trust of 2007, for the purchase of the property located at 1225 East Fourth Street (APN 398-385-04) in the amount of $300,000. 2. Authorize the City Manager and Clerk of the Council to execute loss of rent agreement. • AGMT NO. 2012-206 - With Gallegos Brothers LLC for the real property commonly known as 2012 North Grand Avenue; APNs 398-453-05 & 398-453-06 (Unit Identification: 202, 204, 206, 208, 210, 212-214, 216-218 North Grand Avenue). 25D AGMT NO. 2012-207- AMENDMENT - TRAFFIC SIGNAL AND STREET LIGHTING MAINTENANCE - With Aegis ITS, Inc. to approve a one-year contract extension in an amount not to exceed $650,000 annually, with the option to extend for one additional year exercisable by the City Manager - Public Works Agency CITY COUNCIL MINUTES 10 OCTOBER 1, 2012 1 0A-10 25E AGMT NO. 2012-208 - ONE-STOP OPERATOR EXTENSION FOR PROGRAM YEAR 2012-2013 - With the Santa Ana WORK Center - Community Development Agency 25F AGMT NO. 2012-209 - MEMORANDUM OF UNDERSTANDING WITH WORKFORCE INVESTMENT ACT MANDATED PARTNER - With the Orange County Social Service Agency - Community Development Agency 25G AGMT NO. 2012-210 - LICENSE AGREEMENT FOR USE OF FORMER ALTON YARD SITE RECOGNIZING RENTAL INCOME - With All City Nursery - Public Works Agency LAND USE MATTERS CONDITIONAL USE PERMITIVARIANCES 31A CONDITIONAL USE PERMIT NOS. 2012-11 AND 2012-13 TO ALLOW THE RESTAURANT TO OPERATE UNTIL 2:00 A.M AND TO ALLOW THE RESTAURANT TO BE USED AS A BANQUET FACILITY, 220 EAST FOURTH STREET, SUITE 102 - BOB QUINN, APPLICANT - Planning and Building Agency Recommended action approved by the Planning Commission on September 10, 2012, by a vote of 6-0 (Alderete absent). MOTION: Receive and file the staff report approving Conditional Use Permit No. 2012-11 as conditioned and Conditional Use Permit No. 2012-13 as conditioned. **END OF CONSENT CALENDAR** BUSINESS CALENDAR ITEMS ORDINANCES/FIRST READING 50A SUNSHINE ORDINANCE - City Manager's Office The following spoke on the proposed ordinance: • Jim Adams, representing Los Angeles / Orange Counties Building and Construction Trade Council, spoke in opposition to sunshine ordinance CITY COUNCIL MINUTES 11 OCTOBER 1, 2012 1 0A-11 that would create additional barriers to development process; indicated that union not invited to participate in the development process of the ordinance. • Doug Mangione, representing IBEW 441, opposed to sunshine ordinance. • Rodney Larson, representing U.A., Local 582, spoke in opposition to sunshine ordinance. • Russ Nicholson, representing Plasters Local 200, opposed to sunshine ordinance; high unemployment. • Zeke Hermandez, representing Santa Ana LULAC #147, supports sunshine ordinance that will provide transparency and open government • Jose Moreno, representing Santa Ana LULAC #147, supports sunshine ordinance and transparency. • Adriana Cuin & Yvette Ortega, representing Latino Health Access, expressed support of sunshine ordinance and listed all organizations supporting ordinance. • Apolonio Cortes, supports sunshine ordinance. • Jeff Dickman, supports sunshine ordinance; proposed City adopt Lobbyist Registration similar to County of Orange. • Sergio Hernandez, supports City adopting County of Orange Lobbyist Registration; opined that pre-development meetings will not hinder jobs. • Ana Lydia Tutila, requested that pre-development meeting process include response to comments made at meetings that is currently not included in proposed ordinance. • Manuela Lopez, requested after-hour meetings on pre-development projects and translation services at all meetings. • Madeleine Spencer, supports sunshine ordinance; noted that that City of San Jose has open calendars on-line and has not been a problem; ordinance would foster civic engagement. • Laura Garibay, supports sunshine ordinance, SACReD has held over 34 meetings for the development of the ordinance; has out reached to the Chamber of Commerce and other organizations. • Keith Harkey, representing Ironworkers Local 433, opposed to sunshine ordinance; obstacles in approval of development projects will further hinder economy. • Patrick Kelly, representing Teamsters Local 952, opposed to sunshine ordinance. City Attorney recapped provisions of Sunshine Ordinance. Councilmembers thanked all for participation; requested top three bid proposals to be posted on the City's website; site plan review comments would be included written responses that would be included in approval process; open calendars apply to elected and top executives alike - remove the "summary of meeting" requirement on calendars. CITY COUNCIL MINUTES 12 OCTOBER 1, 2012 1 0A-12 Councilmember Bustamante, Mayor Pro Tern Alvarez, and Mayor Pulido opposed to additional regulations on developers; requested continuance of ordinance to receive input from Chamber of Commerce and labor unions. Friend amendment proposed by Councilmember Martinez to post top three bid proposals on the City's website as required in Section 7(b). Councilmember Tinajero proposed removal of part of Section 8(d) requiring a general statement of issues discussed on calendars. Councilmember Benavides requested Section 10 be consistent and state 5-year Strategic Plan instead of 3-year. MOTION: 1. Introduce and hold first reading of ordinance and authorize publication of title; ORDINANCE NO. NS-2838 - AN ORDINANCE OF THE CITY OF SANTA ANA ADDING ARTICLE 11.1 THROUGH ARTICLE 11.111 TO CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE CITY OF SANTA ANA SUNSHINE ORDINANCE 2. Approve Sections 1 through 3, and 7 through 10 with friendly amendments as proposed.. MOTION: Tinajero SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Council discussion ensued on Pre-Development meetings (sections 4, 5, and 6 of Ordinance No. NS-2838). Planning and Building Executive Director Trevino indicated that Minutes of pre-development meetings will be included in the Planning Commission and City Council packets for consideration. Councilmembers noted that SACReD has diverse groups being represented and supportive of Sunshine Ordinance; all development projects will be held to same standard and requirements. Friendly amendment proposed by Councilmember Sarmiento to remove portion of Section 6(a)2 "...or in the case of market housing, the developer can show that it may be at risk of losing financing." CITY COUNCIL MINUTES 13 OCTOBER 1, 2012 1 0A-13 Councilmember Martinez proposed adding 48-hour written notice by resident if translation services required in Section 6(f). Also, comments and response are to be included in Site Plan Review Approvals as required in Section 6(h). 3. Approve Sections 4, 5 and 6 of Ordinance No. NS-2838 with friendly amendment as proposed. MOTION: Tinajero SECOND: Martinez VOTE: AYES: Benavides, Martinez, Sarmiento, Tinajero (4) NOES: Alvarez, Bustamante, Pulido (3) ABSTAIN: None (0) ABSENT: None (0) RESOLUTIONS 55A BIENNIAL REVIEW OF CITY CLASSIFICATIONS REQUIRED TO FILE A STATEMENT OF ECONOMIC INTERESTS FORM - Clerk of the Council Office MOTION: Adopt a resolution. RESOLUTION NO. 2012-043 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE CONFLICT OF INTEREST CODES OF CERTAIN CITY AGENCIES AND DEPARTMENTS MOTION: Benavides SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55B RESOLUTION IN OPPOSITION TO CALIFORNIA PROPOSITION 32 - City Manager's Office CITY COUNCIL MINUTES 14 OCTOBER 1, 2012 1 0A-14 MOTION: Adopt a resolution. RESOLUTION NO. 2012-044 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OPPOSING PROPOSITION 32 MOTION: Sarmiento SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Martinez, Pulido, Sarmiento, Tinajero (6) NOES: Bustamante (1) ABSTAIN: None (0) ABSENT: None (0) PUBLIC HEARINGS 75A PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 2012-01 AND ZONING AMENDMENT APPLICATION NO. 2012-01 FOR PROPOSED PARK SITE LOCATED AT 300 EAST MCFADDEN AVENUE - Planning and Building Agency Recommended Action approved by the the Board of Parks and Recreation on August 22, 2012 by a 7-0 vote (Wendy Tobiska absent). Recommended Action approved by the Planning Commission on June 14, 2012 by a 6-0 vote (Alderete absent). Legal Notice published in the O.C. Reporter on September 21, 2012 and notices mailed on September 20, 2012. Staff report presented by Executive Director of Planning and Building, Jay Trevino. The following spoke in support of the project: • Irma Jauregui, resident of Wilshire Square Neighborhood association, thanked the City Council for support of project and open space; councilmembers Benavides, Martinez, and Sarmiento have attended forums on the matter. • Adolfo Sierra, indicated that four neighborhoods working on the project over long period of time. • Jose Rea, thanked councilmembers Sarmiento and Benavides for attending Walk-A-Thon, supports efforts for additional open space. • Keri Weir & Mark Lopez, residents of Heninger Park Neighborhood association and indicated that neighborhood has no parks, open lot will be converted to open space. CITY COUNCIL MINUTES 15 OCTOBER 1, 2012 1 0A-15 • Reverend Edgar Arroyo, indicated that residents in area looking forward to open space. • Susana C. Sandoval, Madison Park Walk-A-Thon great success; had booth promoting open space and was well received; also, invited all to Posadas on December 8cn Council thanked speakers. Roosevelt Elementary joint use project coming soon. MOTION: 1. Adopt a resolution. RESOLUTION NO. 2012-045 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2012-01 FOR THE PROPOSED PARK SITE LOCATED AT 300 EAST MCFADDEN AVENUE 2. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS-2839 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ZONING THE PROPERTY LOCATED AT 300 EAST MCFADDEN AVENUE FROM SINGLE- FAMILY RESIDENCE (R1) TO OPEN SPACE LAND (O) (AA NO. 2012-01) MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Sarmiento Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) None (0) None (0) None (0) CITY COUNCIL MEETING RECESSED TO THE HOUSING AUTHORITY MEETING AT 11:05 P.M., FOLLOWED BY THE SUCCESSOR AGENCY MEETING AND RECONVENED AT 11:06 P.M. WITH SAME MEMBERS PRESENT Mayor Pulido, and Councilmember Martinez declared a conflict of interest on Agenda Item 85A, left the dais and did not participate in the discussion of the matters (11:06 p.m.). Mayor Pro Tern Alvarez assumed the Chair and presided over the meeting. CITY COUNCIL MINUTES 16 OCTOBER 1, 2012 1 0A-16 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 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 Continued from the August 24, September 19, October 3, October 17, November 7, 2011 meetings; July 2 and August 6, 2012 City Council meetings. The following spoke on the matter: • Fina Chaves, requested disestablishment of CMD/PBID, committee submitted 80 petitions in support and opined that recent Grand Jury Report substantiated their position. • Sam Romero, opined that only 10% of businesses in the Downtown are benefiting from assessment, request disestablishment. • Barbara De Rochers, urged the City Council to disestablish PBID. • Herb Rose, supports disestablishment and need to review all document related to assessment. • Robert Escalante, noted that recent Blues and Jazz Festival was success and did not require Downtown Inc. assistance. Mayor Pro Tern Alvarez inquired on status of ordinance to repeal CMD/PBID. City Attorney Carvalho indicated that certain conditions would be required to bring forth ordinance. Mayor Pro Tern Alvarez requested ordinance be placed on next agenda. Councilmember Benavides indicated that direction to prepared ordinance was given to City Attorney, but discussions with Downtown Inc. and Committee to Disestablish still taking place with no resolution. Mayor Pro Tern motioned to set a public hearing to disestablish. MOTION: Set a Public Hearing to consider disestablishment of Community Management District/Property and Business Improvement District. MOTION: Alvarez SECOND: Tinajero VOTE: AYES: Alvarez, Sarmiento, Tinajero (3) NOES: Benavides, Bustamante (2) CITY COUNCIL MINUTES 17 OCTOBER 1, 2012 1 0A-17 ABSTAINED Martinez, Pulido (2) AND NOT PRESENT: ABSENT: None (0) COMMENTS 90A CITY MANAGER'S COMMENTS City Manager Walters commented on recent launch of on-line inspection request service available on the City's website. Also introduced Orange County Fire Authority (OCFA) Division Chief Dave Thomas who provided an update the Santa Ana Fire Department's transition to OCFA. 90B CITY COUNCILMEMBER COMMENTS Councilmember Tinajero: • Thanked staff for working with SACReD coalition in bringing forth the sunshine ordinance; • Commented on AB 2189 recently approved by Governor Brown that will allow undocumented students to apply for driver's license; and • Spoke about good memories and passing of Kenneth "Cherrios" Pierre. Councilmember Benavides: • Thanked residents for participating in the development of the sunshine ordinance and helping to improve and open up government. Councilmember Martinez: • Requested adjournment in memory of Kenneth "Cheerios" Pierre; and requested the City name a day in his memory; • Invited all to attend the Santa Ana In Motion and Harbor Pacific Plan workshops on October 10th from 5:30 p.m. to 8:30 p.m. at Madison Elementary and on October 13th from 9:30 a.m. to 12 p.m. at the Plumbers and Steamers Union Hall; • National Walk to School Day will be held on October 3rd at Heninger Elementary; and • Thanked staff for efforts on sunshine ordinance and quoted John F. Kennedy saying on courage to lead. Councilmember Sarmiento: • Thanked staff for accelerated pace in developing sunshine ordinance; and CITY COUNCIL MINUTES 18 OCTOBER 1, 2012 1 0A-18 • Requested adjournment in memory of former Personnel Board member Larry Means. Mayor Pro Tern Alvarez: • Attended Dedication of Edison Elementary; had presentation on Crime Prevention Program; supportive of program and urged residents and parents to learn more about the program; • Encourage all to be safe on Halloween Day as children Trick-or-Treat through the streets; • Adjourn meeting in memory of former Orange County Board of Supervisor Chuck Smith, Kenneth "Cherrios" Pierre, Jim Sleeper, and Christine "Chris" Diaz. ADJOURNED- 11:47 p.m. - The next meeting of the City Council is scheduled for Monday, October 15, 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 Council Chamber, 22 Civic Center Plaza, Santa Ana, California. ADJOURN IN MEMORY OF Former Orange County Board of Supervisor, Chuck Smith, Kenneth "Cherrios" Pierre, Jim Sleeper, and Christine "Chris" Diaz Maria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Tow Truck Franchises • Update on Local Streets and Roadwork • Street Car Project Update and Action items • Discovery Science Center - Expansion approvals • Update Citywide Classification and Compensation Plan CITY COUNCIL MINUTES 19 OCTOBER 1, 2012 1 0A-19 1 OA-20