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Home My WebLink About10A - MINUTES - 11-19-2012MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA NOVEMBER 19, 2012 CLOSED SESSION MEETING CALLED TO ORDER ATTENDANCE PUBLIC COMMENTS - None COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:12 P.M. COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor CLAUDIA C. ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ (5:13 P.M.) VINCENT F. SARMIENTO (5:13 P.M.) COUNCILMEMBERS Absent: SAL TINAJERO 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 5:12 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) Donald Stow v. City of Santa Ana; WCAB Case No. Unassigned Donald Kennedy vs. City of Santa; WCAB Case No. ADJ7186130; Case Settlement Request CITY COUNCIL MINUTES 1 NOVEMBER 19, 2012 1 0A-1 1B CONFERENCE WITH LEGAL COUNSEL-THREAT OF LITIGATION pursuant to Government Code Section 54956.9(b) - One Case 1C CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Ed Raya Employee Organizations: Confidential Association of Santa Ana (CASA) CLOSED SESSION REPORT - See Item 19A. for Report. ADJOURNED THE CLOSED SESSION MEETING AT 5:40 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 2 NOVEMBER 19, 2012 1 0A-2 REGULAR OPEN SESSION CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:52 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 (6:24 p.m.) COUNCILMEMBERS Absent: None PLEDGE OF ALLEGIANCE INVOCATION STAFF Present: PAUL M. WALTERS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO DALE TEMPLE, POLICE CHAPLAIN CLOSED SESSION REPORT - Nothing to report. PUBLIC COMMENT Mayor Pulido left dais at 6:07 p.m and Mayor Pro Tern Alvarez assumed the Chair, Mayor Pulido returned and reassumed the Chair at 6:11 p.m. • Robert Flournoy, provided information on partnering with Convoy of Hope for an event planned for October 13, 2013. • Connie Hamilton, thanked the incoming Councilmembers for attending Comlink meeting; and commented on construction issue at her home. Mayor referred her to City Manager to address the problem. • Apolonio Cortez, thanked the City Council for approving Sunshine Ordinance and presented Certificates of Appreciation for support. CITY COUNCIL MINUTES 3 NOVEMBER 19, 2012 1 0A-3 • Juan Carlos Macedo, presented Certificates of Appreciation to Councilmembers that voted in support of the Sunshine Ordinance. • Ken Nguyen, read letter of support from the Board of Parks and Recreation on the cell phone tower assessment fees. CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 10A through 31A with the following modifications: • Councilmember Sarmiento pulled Agenda Items 22E and 22F for separate discussion; and • Councilmember Benavides pulled Agenda Item 25E for separate discussion. MOTION: Alvarez SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento (6) NOES: ABSTAIN: ABSENT: None (0) None (0) Tinajero (1) 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 OCTOBER 15, 2012 - Clerk of the Council Office MOTION: Approve Minutes. BOARDS / COMMISSIONS / COMMITTEES 13A APPOINT ALTERNATE DIRECTOR TO BIG INDEPENDENT CITIES EXCESS POOL - Personnel Services Agency CITY COUNCIL MINUTES 4 NOVEMBER 19, 2012 1 0A-4 MOTION: Appoint Briza Morales, Risk Management Coordinator, as the City's Alternate Director to the Big Independent Cities Excess Pool. 13B COUNCIL COMMITTEE REPORT - PARKS, RECREATION, EDUCATION & YOUTH COMMITTEE (PREY) - Parks, Recreation, and Community Services MOTION: Receive and file Parks, Recreation, Education and Youth Committee Minutes of September 25, 2012. MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT - None 19B EXCUSED ABSENCES - None 19C QUARTERLY REPORT OF INVESTMENTS AS OF SEPTEMBER 30, 2012 - Finance & Management Services MOTION: Receive and file. 19D COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM UPDATE FOR PROGRAM YEAR 2011-2012 AND 2012-2013 - Community Development Agency MOTION: Receive and file. 19E QUARTERLY REPORT FOR HOUSING DIVISION PROJECTS AND ACTIVITIES JULY 2012 - SEPTEMBER 2012 - Community Development Agency MOTION: Receive and file. 19F REQUEST FOR PROPOSALS FOR PLANNING AND ENVIRONMENTAL SERVICES FOR SANTA ANA GENERAL PLAN HOUSING ELEMENT UPDATE - Planning and Building Agency and Community Development Agency MOTION: Authorize the Planning and Building Agency to send a Request for Proposals to qualified consulting firms to provide CITY COUNCIL MINUTES 5 NOVEMBER 19, 2012 1 0A-5 planning and environmental services for the update of the Santa Ana General Plan Housing Element. 19G CONFLICT OF INTEREST CODE FOR HOUSING AUTHORITY - Community Development Agency MOTION: Receive and file. 19H CONFLICT OF INTEREST CODE FOR SUCCESSOR AGENCY - Community Development Agency MOTION: Receive and file. 191 CONFLICT OF INTEREST CODE FOR OVERSIGHT BOARD - Community Development Agency MOTION: Receive and file. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A APPROPRIATION ADJUSTMENT ACCEPTING SAFE ROUTE TO SCHOOL FEDERAL PROGRAM GRANT FUNDS - Public Works Agency MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2013-058 - Accepting $338,900 in Safe Route To School Federal Program grant funds into the Traffic System Management revenue account and appropriating the same amount to the Traffic System Management expenditure account for the purpose of implementing a Safe Route to School Project. 20B APPROPRIATION ADJUSTMENT ACCEPTING CALIFORNIA ENDOWMENT GRANT FUNDING PROGRAM FOR BUILDING HEALTHY COMMUNITIES - Police Department MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) CITY COUNCIL MINUTES 6 NOVEMBER 19, 2012 1 0A-6 APPROPRIATION ADJUSTMENT NO. 2013-056 - Recognizing the California Endowment Program funding in an amount of $61,144 into the revenue account and appropriate same into the expenditure accounts. SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES MOTION: Award in accordance with Request for Council Action. (Items 22A through 22D) 22A SPEC. NO. 12-072 - COMPUTERS - Award a contract to Dell Computer Corporation in an amount not to exceed $120,000 - Finance & Management Services; Parks, Recreation and Community Services Agency; Police Department 22B SPEC. NO. 12-062 - ZOO ANIMAL FOOD - (Parks, Recreation & Community Services Agency) - Finance & Management Services • Reject the bid from Newco Distributors, Inc. as nonresponsive. • Award a contract to Midway City Feed Company with provision for three one-year renewals, in an annual amount not to exceed $35,000. 22C SPEC NO. 12-055 - FIVE PROPANE-POWERED FORD UTILITY TRUCKS - Award a contract to National Auto Fleet Group in an amount not to exceed $469,560 - Finance & Management Services 22D SPEC. NO. 09-029 - ASPHALT CONCRETE MATERIALS - Renew the contract with Vulcan Materials Co. for a one-year period in an annual amount not to exceed $50,000 (Public Works Agency) - Finance & Management Services 22E SPEC. NO. 11-060 - ASPHALT STREET MAINTENANCE - Finance & Management Services MOTION: Award and renew the contract with Ben's Asphalt Inc. for a one-year period in an amount not to exceed $630,000 (Public Works Agency) MOTION: Sarmiento VOTE: AYES: SECOND: Bustamante Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento (6) CITY COUNCIL MINUTES 7 NOVEMBER 19, 2012 1 0A-7 NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) 22F SPEC. NO. 10-040 - ASPHALT POTHOLE REPAIR SERVICES - Finance & Management Services MOTION: Award and renew the contract with Ben's Asphalt, Inc. for a one-year period in an amount not to exceed $450,000 (Public Works Agency) MOTION: Sarmiento SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Pulido, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) AGREEMENTS Bustamante, Martinez, 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 25A through 25D, and 25F through 25P) 25A AGMT NO. 2012-224 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2012-04 - With Laszlo J. and Patricia A. Biro, property owners, for the structure located at 2002 North Heliotrope Drive - Planning and Building Agency 25B AGMT NO. 2012-225 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2012-05 - With James Bradley Penner and Gretchen Joy Penner, property owners, for the structure located at 2453 North Riverside Drive - Planning and Building Agency CITY COUNCIL MINUTES 8 NOVEMBER 19, 2012 1 0A-8 25C AGMT NO. 2012-226 - AMENDMENT - PREPARE AN ENVIRONMENTAL IMPACT REPORT (EIR) FOR PARK VIEW AT TOWN AND COUNTRY MANOR RESIDENTIAL TOWER AT 555 EAST MEMORY LANE - With Michael Brandman Associates in an amount not to exceed $8,000 - Planning and Building Agency 25D REQUEST FOR PROPOSALS FOR MUNICIPAL PARKING STRUCTURES OPERATOR AND CONTRACT EXTENSION FOR PARKING CONCEPTS INC. - Community Development Agency 1. Authorize the Community Development Agency to release a Request for Proposals for a management contract for a parking operator to manage the four city-owned downtown parking structures. 2. AGMT NO. 2012-227 - With Parking Concepts, Inc. of Los Angeles in an amount not to exceed $7,800 for a three-month extension period 25E AGMT NO. 2012-228 - SPECIAL LEGAL COUNSEL FOR LABOR NEGOTIATION ASSISTANCE - Personnel Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Liebert Cassidy Whitmore, subject to non-substantive changes approved by the City Manager and City Attorney. MOTION: Benavides SECOND: Pulido VOTE: AYES: Alvarez, Benavides, Bustamante, Pulido, Sarmiento (5) NOES: Martinez (1) ABSTAIN: None (0) ABSENT: Tinajero (1) 25F AGMT NO. 2012-229 - COMPUTERIZED CASHIERING SYSTEM HARDWARE AND MAINTENANCE - With System Innovators, a division of Harris Computer Corporation, in an annual aggregate limit not to exceed $35,000 - Finance & Management Services CITY COUNCIL MINUTES 9 NOVEMBER 19, 2012 1 0A-9 25G COOPERATIVE AGREEMENTS - STATE LOCAL PARTNERSHIP PROGRAM FOR THE JOINT PAVEMENT REHABILITATION PROJECT - Public Works Agency 1. Authorize the City Manager and Clerk of the Council to execute the attached cooperative agreement, subject to nonsubstantive changes approved by the City Manager and City Attorney. AGMT NO. 2012-230 - With the Orange County Transportation Authority to obtain funds programmed in the State-Local Partnership Program. 2. Authorize the City Manager and Clerk of the Council to execute the attached cooperative agreement, subject to nonsubstantive changes approved by the City Manager and City Attorney, AGMT NO. 2012-231 - With the City of Tustin to obtain funds programmed in the State-Local Partnership Program for the joint pavement rehabilitation project on McFadden Avenue (Mantle to Pasadena) on the City's easternmost boundary. 3. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2013-063 - Recognizing the California Endowment Program funding in an amount of $61,144 into the revenue account and appropriate same into the expenditure accounts.Approve an appropriation adjustment accepting additional State-Local Partnership Program (SLPP) funds in the amount of $24,000 into the Proposition 1 B Fund to be appropriated to the Proposition 1 B Fund for the below listed projects. 25H AGMT NO. 2012-232 - DEVELOPMENT OF PERMANENT HOUSING FOR PERSONS WITH HIV/AIDS (HOPWA) - With Mercy House Living Centers in an amount of $90,000 - Community Development Agency 251 AGMT NO. 2012-233 - AUTOMATIC VEHICLE LOCATOR SYTEM (AVL) SOFTWARE MAINTENANCE AND CUSTOMER SUPPORT - With GeoSpatial Technologies, Inc., in an amount not to exceed $20,898 - Police Department 25J AGMT NO. 2012-234 - AMENDMENT - WIRELESS DATA SERVICES AND EQUIPMENT - With Verizon Wireless Data Services under the Western States Contracting Alliance (WSCA) Master Agreement for Wireless Data Communications Services and Equipment through October CITY COUNCIL MINUTES 10 NOVEMBER 19, 2012 1 0A-10 31, 2016, and an extension through October 31, 2019 if extended by WSCA and providing compensation of $110,000, annually, throughout the term of the agreement - Finance & Management Services 25K AGMT NO. 2012-235 - WIRELESS SERVICES AND EQUIPMENT - Authorize continued payment pursuant to the Participating Addendum with AT&T Mobility National Accounts LLC (formerly known as New Cingular Wireless National Accounts LLC) under a master agreement with the Western States Contracting Alliance (WSCA) through October 31, 2016, and an extension through October 31, 2019, in an amount not to exceed $110,000 per year - Finance & Management Services 25L AGMT NO. 2012-236 - GRAND AVENUE WIDENING (PROJECT NO. 081732 NONGENERAL FUND) - With Antonia Gonzalez dba La Estrelita, tenant of the property located at 208 North Grand Avenue, Unit B (APH 398-453-05 & 06), in an amount of $1,965 - Public Works Agency 25M AGMT NO. 2012-237 - DIGITAL WATER MAPPING SERVICES - With iWater, Inc., in an amount not to exceed $150,000 - Public Works Agency 25N AGMT NO. 2012-238 - AMENDED - PURCHASE ORDER EXTENSION FOR IMPORTED WATER PURCHASE - With Metropolitan Water District of Southern California for a two-year extension - Public Works Agency 250 AGMT NO. 2012-239 - AMENDED - ANNUAL MAINTENANCE AND SUPPORT OF THE ELECTRONIC DOOR ACCESS SYSTEM - With Simplex/Grinnell LP, in an amount not to exceed $14,796 - Police Department 25P AGMT NO. 2012-240 - AMENDED - ANNUAL MAINTENANCE AND SUPPORT OF THE COMPUTER AIDED DISPATCH (CAD) SYSTEM - With Tiburon Inc., in an amount not to exceed $38,146 - Police Department LAND USE MATTERS CONDITIONAL USE PERMIT/VARIANCES 31A CONDITIONAL USE PERMIT NO. 2012-22 AND VARIANCE NO. 2012- 08 TO ALLOW A RESTAURANT AND DRIVE-THROUGH LANE IN THE CITY COUNCIL MINUTES 11 NOVEMBER 19, 2012 1 0A-11 SP-2 ZONE, AND A REDUCTION IN THE VEHICLE STACKING LANE FOR DRIVE-THROUGH LANE - 3825 WEST FIRST STREET - HDMM ENTERPRISE, APPLICANT - Planning and Building Agency Recommended action approved by the Planning Commission on October 8, 2012, by a vote of 6-0 (Turner absent). MOTION: Receive and file the staff report approving Conditional Use Permit No. 2012-22 as conditioned and Variance No. 2012-08 as conditioned. **END OF CONSENT CALENDAR** BUSINESS CALENDAR ITEMS Councilmember Sarmiento left the meeting at 6:21 p.m. and returned at 6:24 p.m. RESOLUTIONS 55A RESOLUTION-MEASURE M2 ENVIRONMENTAL CLEANUP PROGRAM GRANT APPLICATION - Public Works Agency MOTION: Adopt a resolution. RESOLUTION NO. 2012-047 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE MEASURE M2 ENVIRONMENTAL CLEANUP PROGRAM FOR THE DEVELOPMENT OF AN URBAN DISCHARGE DIVERSION FACILITY IN THE SANTA ANA DELHI CHANNEL MOTION: Alvarez SECOND: Pulido VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento, Tinajero (2) 55B RESOLUTION-MEASURE -M2 COMPREHENSIVE TRANSPORTATION FUNDING PROGRAM GRANT APPLICATIONS - Public Works Agency CITY COUNCIL MINUTES 12 NOVEMBER 19, 2012 1 0A-12 MOTION: Adopt a resolution. 1. Adopt a resolution. RESOLUTION NO. 2012-048 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMPREHENSIVE TRANSPORTATION PROGRAM 2. Direct staff to amend the seven-year Capital Improvement Program to incorporate the Comprehensive Transportation Funding Program projects list. MOTION: Alvarez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Benavides Alvarez, Benavides, Bustamante, Martinez, Pulido (5) None (0) None (0) Sarmiento, Tinajero (2) Councilmember Sarmiento returned to the meeting at 6:24 p.m. Councilmember Tinajero joined the meeting at 6:24 p.m. PUBLIC HEARINGS 75A PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2012-02 TO AMEND SPECIFIC DEVELOPMENT NO. 65 AND SITE PLAN REVIEW NO. 2012-06 TO ALLOW THE RENOVATION AND EXPANSION OF THE DISCOVERY SCIENCE CENTER AT 2500 NORTH MAIN STREET - DISCOVERY SCIENCE CENTER, APPLICANT - Planning and Building Agency Recommended Action approved by the Planning Commission on November 13, 2012 by a 5-0 vote (Acosta absent). Legal Notice published in the O.C. Reporter on November 9, 2012 and notices mailed on November 8, 2012. CITY COUNCIL MINUTES 13 NOVEMBER 19, 2012 1 0A-13 Staff report presented by Executive Director of Planning and Building, Jay Trevino. MOTION: 1. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS-2840 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 65 (SD-65) TO ALLOW THE RENOVATION AND EXPANSION OF THE DISCOVERY SCIENCE CENTER AT 2500 NORTH MAIN STREET (ZOA NO. 2012-02) 2. Adopt a resolution. RESOLUTION NO. 2012-049 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING SITE PLAN REVIEW NO. 2012-06 AS CONDITIONED TO ALLOW THE RENOVATION AND EXPANSION OF THE DISCOVERY SCIENCE CENTER AT 2500 NORTH MAIN STREET MOTION: Alvarez SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL RECESSED TO A JOINT SESSION OF THE CITY COUNCIL AND THE HOUSING AUTHORITY AT 6:46 p.m. 80A JOINT CITY COUNCIL/HOUSING AUTHORITY - EXCLUSIVE NEGOTIATING AGREEMENT FOR REGIONAL TRANSPORTATION CENTER AND HOUSING AUTHORITY PROPERTIES; AND CONTRACT AMENDMENT WITH KEYSER MARSTON ASSOCIATES SUBSTITUTE MOTION: Approve as recommended by staff. MOTION: Alvarez SECOND: Pulido VOTE: AYES: Alvarez, Bustamante, Pulido (3) CITY COUNCIL MINUTES 14 NOVEMBER 19, 2012 1 0A-14 NOES: Benavides, Martinez, Sarmiento, Tinajero (4) ABSTAIN: None (0) ABSENT: None (0) Motion failed. AMENDED MOTION: Continue consideration of matter for 45 days. MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Benavides, Martinez, Sarmiento, Tinajero (4) NOES: Alvarez, Bustamante, Pulido (3) ABSTAIN: None (0) ABSENT: None (0) City Council reconvened with same members present at 6:50 p.m. 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 REPORT ON CITYWIDE RECORDS RETENTION AND DESTRUCTION POLICY - Mayor Pro Tem Alvarez and Councilmember Sal Tinajero At the August 20, 2012 City Council meeting Mayor Pro Tem requested that item be placed on the September 4, 2012 Council meeting. At the September 4, 2012 City Council meeting Mayor Pro Tem Alvarez requested item be agendized on the next City Council agenda for status report from staff. At the September 17, 2012 City Council meeting Mayor Pro Tem Alvarez requested matter be re-agendized after October 2012 to receive update. Clerk of the Council Huizar provided status update. Mayor Pro Tem Alvarez requested that the item remain on the Agenda to receive updates. CITY COUNCIL MINUTES 15 NOVEMBER 19, 2012 1 0A-15 Mayor Pulido, and Councilmember Martinez declared a conflict of interest on Agenda Item 85B, left the dais and did not participate in the discussion of the matters (7:01 p.m.). Mayor Pro Tern Alvarez assumed the Chair and presided over the meeting. 85B 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, SETTING PUBLIC HEARING FOR DISESTABLISHMENT, AND ORDINANCE REPEALING PROPERTY AND BUSINESS IMPROVEMENT DISTRICT ("PBID") - Mayor Pro Tern Alvarez Continued from the August 24, September 19, October 3, October 17, November 7, 2011 meetings; July 2, August 6, 2012, September 4, 2012 and October 1, 2012, October 15, 2012 City Council meetings. Mayor Pro Tern Alvarez noted for the record that Mayor Pulido is waiting for advice from Fair Political Practices Commission (FPPC) on whether or not be is able to participate in the matter. Also, mediation on the matter underway. Mayor Pulido and Councilmember Martinez returned to the meeting at 7:08 p.m. Mayor Pulido reassumed Chair. 85C SUPPORT OF HUMAN RIGHTS AND AGAINST COMMUNISM AND OPPRESSION IN VIETNAM - Mayor Pulido and Mayor Pro Tern Alvarez The following individuals spoke in support of human rights and against communism and requested that the City Council approve a resolution similar to the City of Westminster and Garden Grove regarding same: • Professor Rev. David Hugmh Alexander, representing the VABC Vietnamese American Community Business Center • Ha Son Tran, representing Vietnamese American Federal of Southern California • Ken Nguyen • Neil Nguyen, Esq., representing Vietnamese American Federal of Southern California • Dr. Long Pham, presented flag of freedom and scarves to all members of the City Council • Ly Kien Truc of Viet Media Association • H. T. Thich Ninh Nguyen • Zeke Hernandez • Phat Bui • Doan Trong • Lan Quo Nguyen, Garden Grove School Board Member CITY COUNCIL MINUTES 16 NOVEMBER 19, 2012 1 0A-16 City Council discussion ensued. Mayor Pulido noted that "Little Saigon" began in the City of Santa Ana and such resolution should have been adopted 10 years ago. Mayor Pulido motioned to direct staff to draft a resolution in support of human rights and in opposition of communism. Motion seconded by Mayor Pro Tern Alvarez. Council unanimously agreed to support freedom and stand up against injustice. Friendly amendment proposed by Councilmember Sarmiento, accepted by Mayor Pulido. MOTION: Establish an Ad Hoc Committee to consider incorporating all human rights violations and direct staff to prepare a resolution. MOTION: Pulido SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL RECESSED AT 8:17 P.M. AND RECONVENED AT 8:32 P.M. WITH ALL MEMBERS PRESENT COUNCILMEMBERS TINAJERO AND BUSTAMANTE LEFT THE MEETING AT 8:32 P.M. AND DID NOT RETURN. CITY COUNCIL MEETING RECESSED TO THE HOUSING AUTHORITY MEETING AT 8:32 P.M., FOLLOWED BY THE SUCCESSOR AGENCY MEETING AND RECONVENED AT 8:33 P.M WITH SAME MEMBERS PRESENT COMMENTS 90A CITY MANAGER'S COMMENTS - None 90B CITY COUNCILMEMBER COMMENTS Councilmember Benavides: CITY COUNCIL MINUTES 17 NOVEMBER 19, 2012 1 0A-17 Councilmember Benavides: • Encouraged residents to give thanks and wished all a Happy Thanksgiving; and • Encouraged residents to shop in Santa Ana and support local small businesses. Mayor Pro Tern Alvarez: • Wished all a Happy Thanksgiving. Councilmember Sarmiento: • Commented on decisions made at tonight's meeting that are historic; • Happy Thanksgiving wishes to all. Councilmember Martinez: ¦ Congratulated the two Councilmembers-elect and Santa Ana Unified School Board Member Elect Cecilia Iglesias; • Informed residents of new Pony League sign-ups taking place; thanked Councilmember Tinajero for support of efforts to bring League to the City; • Request meeting be adjourned in memory of her grandmother Stella Mejia; reflected on her life and legacy; • Wished all a Happy Thanksgiving. Mayor Pulido: • Welcomed incoming councilmembers; • Thanked Mayor Pro Tern Alvarez and wished her well with her new endeavors; • Adjourned Meeting in memory of Stella Mejia and echoed sentiments by Councilmember Martinez. ADJOURNED - 8:43 P.M. - The next meeting of the City Council is scheduled for Monday, December 3, 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 Stella Mejia Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 18 NOVEMBER 19, 2012 1 0A-18 FUTURE AGENDA ITEMS • Street Car Project Update and Action items • Update Citywide Classification and Compensation Plan • Ordinance Addressing Homeless Shelter per Senate Bill 2 (SB2) CITY COUNCIL MINUTES 19 NOVEMBER 19, 2012 1 0A-19 1 OA-20