HomeMy WebLinkAbout2012-10-01 RegularMINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
OCTOBER 1, 2012
CLOSED SESSION MEETING
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
5:15 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor (5:17 p.m.)
CLAUDIA C. ALVAREZ, Mayor Pro Tern
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
PUBLIC COMMENTS - None
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
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
1B 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
REGULAR OPEN SESSION
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
6:16 P.M.
ATTENDANCE 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
PLEDGE OF ALLEGIANCE MAYOR PULIDO
INVOCATION TIM FELKER, POLICE CHAPLAIN
PRESENTATIONS
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
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 4th 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
• 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
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
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
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
$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
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
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 PERMIT/VARIANCES
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
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
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.
Friendly 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
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
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
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
PUBLIC HEARINGS
SECOND: Benavides
Alvarez, Benavides, Martinez, Pulido, Sarmiento,
Tinajero (6)
Bustamante (1)
None (0)
None (0)
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 indicated that neighborhood has no parks, open lot will be
converted to open space.
CITY COUNCIL MINUTES 15 OCTOBER 1, 2012
• 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 8m
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 SECOND: Sarmiento
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: 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
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
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
• 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