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Home My WebLink About10A - MINUTES - 11-07-11MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA NOVEMBER 7, 2011 CLOSED SESSION MEETING CALLED TO ORDER ATTENDANCE PUBLIC COMMENTS - None COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:08 P.M. COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA C. ALVAREZ, Mayor Pro Tem (5:23 P.M.) P. DAVID BENAVIDES (5:09 p.m.) CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO COUNCILMEMBERS Absent: None STAFF Present: PAUL M. WALTERS, Interim City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council COUNCIL RECESSED to Room 147 for Closed Session discussion. CLOSED SESSION ITEMS 1A CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) John Valdez vs. the City of Santa Ana, WCAB Case Nos. Unassigned, ADJ2472927, ADJ2395329 and ADJ4420634. CITY COUNCIL MINUTES 1 NOVEMBER 7, 2011 1 0A-1 Niki Blue Christian v. City of Santa Ana, United States District Court Case No.SACV11-0222JVS (MLGx) *Councilmember Sarmiento abstained from this item and left the room for deliberation of said item. 1B 1C 1D People of the State of California v. Behafarin, Orange County Superior Court Case No. 07CM10459 CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION pursuant to Government Code Section 54956.9(b) - One matter. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Kathie Gonzalez Employee Organizations: Santa Ana Police Officers Association (POA) Santa Ana Police Management Association (PMA) Santa Ana Firemen's Benevolent Association (FBA) Santa Ana Fire Management Association (FMA) Service Employees' International Union (SEIU) Full-Time Employees Service Employees' International Union (SEIU) Part-time Civil Service Employees Confidential Association of Santa Ana (CASA) Santa Ana Management Association (SAMA) Agency Negotiator: Interim City Manager, Paul M. Walters Employee Organizations: Executive Management (EM) PUBLIC EMPLOYEE EMPLOYMENT AND APPOINTMENT pursuant to Government Code Section 54957(b)(1) Title: City Attorney CITY COUNCIL MINUTES 2 NOVEMBER 7, 2011 1 0A-2 CLOSED SESSION REPORT - See Item 19A. for Report. ADJOURNED THE CLOSED SESSION MEETING AT 7:05 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 3 NOVEMBER 7, 2011 1 0A-3 REGULAR OPEN SESSION CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 7:07 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA C. ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO COUNCILMEMBERS Absent: None PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS STAFF Present: PAUL M. WALTERS, Interim City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO Roger Aragon, Police Chaplain EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to: 20 YEARS OF SERVICE Jesse Alvidrez, Parking Meter Operations Supervisor, Community Development Agency PROCLAMATION presented by MAYOR PULIDO to Roberta Luna, Pancreatic Cancer Survivor, recognizing Pancreatic Cancer Month. PROCLAMATION presented by MAYOR PULIDO to David Ross for his many years of service as District ManagerNice President of Operations for Waste Management and for overseeing the municipal and community relations in Santa Ana. CITY COUNCIL MINUTES 4 NOVEMBER 7, 2011 1 0A-4 PROCLAMATION presented by COUNCILMEMBER MARTINEZ to Chef Jorge Ramirez recognizing October 16, 2011 as Childhood Nutrition Day. PROCLAMATION presented by COUNCILMEMBER MARTINEZ to America Bracho recognizing Latino Health Access for their contributions to the community. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBERS BENAVIDES and SARMIENTO to Fiestas Patrias Advisory Committee for their efforts in helping to organize the Fiestas Patrias event on September 17 and 18, 2011. Vicky Baxter Sandra Pena Sarmiento Alex Chavez Adolfo Sierra Lourdes Chavez Genevieve Southgate Saul Garcia Abel Torres Mike Gonzalez Oscar Ulloa Adolfo Lopez Cesar Vargas J. Fernando Niebla Alex Vega Sam Romero Raul Yanez and Jose Romo Santa Ana College (Sara Lundquist and Teresa Saldivar James Kennedy accepting) CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SARMIENTO to Chief David Thomas in recognition of the 128 by Anniversary of the Santa Ana Fire Department. CLOSED SESSION REPORT-- See Item 19A. PUBLIC COMMENT • Desi Reyes, commented on successful `Dia De Los Muertos' and 'Fiestas Patrias' recently held in Downtown Santa Ana; urged all to attend the upcoming exhibit at the Santa Ana Public Library from November 14-December 14 of movie posters and memorabilia from the golden era of Mexican films from collector Ernesto Martinez. • Alex Vega, commented on 25 years of community activism; proud of changes made throughout the City. • Tom Gordon, spoke about graffiti problems along 4th street and need to reduce number of billboards; concerned with some expenditures as listed on Agenda Item 19D. CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 10A through 31A with the following modifications: CITY COUNCIL MINUTES 5 NOVEMBER 7, 2011 1 0A-5 • Mayor Pro Tern Alvarez voted "No" on item 19C. • Councilmember Sarmiento pulled Agenda Items 75C, 75G, and 75H out of order and requested a one-week continuance. Motion by Sarmiento, seconded by Tinajero and approved by a 7-0 vote. • Councilmember Martinez commented on Agenda Item 12B - noted importance of community participation in the Ward re-boundary process that takes place every ten years after U.S. Census information released. MOTION: Alvarez SECOND: Benavides 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 OF THE REGULAR MEETING OF OCTOBER 17, 2011 - Clerk of the Council Office MOTION; Approve Minutes. 10B MINUTES OF THE SPECIAL CLOSED SESSION MEETING OF OCTOBER 24, 2011 - Clerk of the Council Office MOTION: Approve Minutes. 10C MINUTES OF THE SPECIAL CLOSED SESSION MEETING OF NOVEMBER 1, 2011 - Clerk of the Council Office MOTION: Approve Minutes. CITY COUNCIL MINUTES 6 NOVEMBER 7, 2011 1 0A-6 NOTICE OF PUBLIC HEARINGS 12A SET A PUBLIC HEARING DATE FOR ABANDONMENT NO. 10-03: INTENT TO VACATE A PORTION OF CONCORD STREET SOUTH OF FRUIT STREET - Public Works Agency Recommended action approved by the Planning Commission on October 10, 2011 by a 6-0 vote (Alderete absent). MOTION: 1. Adopt a resolution. RESOLUTION NO. 2011-068 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO VACATE A PORTION OF THE STREET AT CONCORD STREET, SETTING A PUBLIC HEARING THEREON, AND DIRECTING NOTICE THEREOF TO BE POSTED AND PUBLISHED (ABANDONMENT NO. 2010-03) 2. Set a public hearing for December 5, 2011. 12B SET A PUBLIC HEARING DATE TO CONSIDER CHANGING THE BOUNDARY LINES OF COUNCIL WARDS - Clerk of the Council Office Councilmember Martinez noted the importance of community participation in the Ward re-boundary process; takes place every ten years after U.S. Census information release. MOTION: 1. Adopt a resolution. RESOLUTION NO. 2011-069 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, DECLARING ITS INTENTION TO CHANGE BOUNDARY LINES OF WARDS, AND FIXING THE TIME AND PLACE OF A PUBLIC HEARING THEREON 2. Set a public hearing for December 5, 2011. MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT - City Attorney's Office MOTION: Approve a Compromise and Release settlement agreement in the case of John Valdez vs. the City of Santa Ana, WCAB Case CITY COUNCIL MINUTES NOVEMBER 7, 2011 1 0A-7 Nos. Unassigned, ADJ2472927, ADJ2395329 and ADJ4420634 in the total amount of $21,000.00 19B EXCUSED ABSENCES - None 19C DESTRUCTION OF OBSOLETE CITY RECORDS - City Manager's Office, Community Development Agency, Personnel Services Agency and Police Department 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 19C. 19D QUARTERLY REPORT OF CONTRACTS ENTERED INTO BY THE CITY MANAGER - Finance & Management Services MOTION: Receive and file the Quarterly Report of Contracts entered into between July 1, 2011 to September 30, 2011, valued at $25,000 and less. 19E QUARTERLY REPORT OF INVESTMENTS AS OF SEPTEMBER 30, 2011 - Finance & Management Services MOTION: Receive and file. 19F QUARTERLY REPORT FOR HOUSING DIVISION PROJECTS AND ACTIVITIES - Community Development Agency MOTION: Receive and file. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A LIBRARY SERVICES ENHANCEMENT - Parks, Recreation & Community Services Agency MOTION: CITY COUNCIL MINUTES 8 NOVEMBER 7, 2011 1 0A-8 1. Authorize the City Manager and Clerk of the Council to execute an agreement to provide digital media skills training for Santa Ana youth. AGMT NO. 2011-240 - With the California State Library in the amount of $49,000. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2012-075 - Recognizing $49,000 in the LSTA Grant Awards revenue account and appropriating same to expenditure account. SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES 22A SPEC. NO. 10-034 - OVERHEAD DOOR MAINTENANCE - (Fire Department) - Finance & Management Services MOTION: Renew the contract with Commercial Door of Orange County, Inc. for a one-year period in an annual amount not to exceed $30,000. PROJECTS/CHANGE ORDERS 23A CONTINGENCY INCREASE FOR CONCRETE STREET WATER MAIN IMPROVEMENT (PROJECT NO. 116406) - Public Works Agency MOTION: Increase the contingency for the contract with Kana Pipeline, Inc., for the Concrete Street Water Main Project by $100,000 to a total estimated contract amount of $896,130 and authorize the City Manager to execute change orders in an amount not to exceed the authorized contingency. 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. (Item 25A through 25H) 25A AGMT NO. 2011-241 - WEB-SITE MAINTENANCE AND COMMUNICATIONS SERVICES FOR EMERGENCY PREPAREDNESS, URBAN AREAS SECURITY INITIATIVE (UASI) FUNDED - With CITY COUNCIL MINUTES 9 NOVEMBER 7, 2011 1 0A-9 Westbound Communications in an amount not to exceed $150,000 - Police Department 25B AGMT NO. 2011-242 - SUSPICIOUS ACTIVITY REPORTING SYSTEM, URBAN AREAS SECURITY INITIATIVE (UASI) FUNDED - With SoftMaster, Inc. in an amount not to exceed $150,600 - Police Department 25C AGMT NO. 2011-243 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2011-04 - With Nicola Fleming for the structure located at 2109 North Heliotrope Drive (Stauffer House) - Planning and Building Agency 25D AGMT NO. 2011-244 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2011-05 - With Maximilian Eamon Garces and Kimberly Hagan for the structure located at 1901 North Heliotrope Drive (Hall-Knickerbocker House) - Planning and Building Agency 25E AGMT NO. 2011-245 - BASELINE GREENHOUSE GAS EMISSIONS INVENTORY AND CLIMATE ACTION PLAN (GRANT FUNDED) - With ICLEI - Local Governments for Sustainability USA, in an amount not to exceed $265,860 - Public Works Agency 25F AGMTS NO. 2011-246 and 247 - AS-NEEDED SURVEYING SERVICES - With Coast Surveying, Inc. and Huitt-Zollars, Inc. in an amount of $250,000 for each firm - Public Works Agency 25G AGMT NO. 2011-248 - SOFTWARE MAINTENANCE - Execute an amendment with Bentley Systems, Inc. in an amount not to exceed $45,000 per year - Public Works Agency 25H AGMT NO. 2011-249 - FOUNTAIN MAINTENANCE SERVICES IN THE CIVIC CENTER - With Service 1st for a two-year period in an annual amount of $30,690 - Parks, Recreation & Community Services Agency and Community Development Agency CONDITIONAL USE PERMITIVARIANCES 31A CONDITIONAL USE PERMIT NO. 2011-21 TO ALLOW A CEMENT MANUFACTURING FACILITY AT 516 SOUTH SANTA FE STREET CITY COUNCIL MINUTES 10 NOVEMBER 7, 2011 1 0A-10 LOCATED IN THE HEAVY INDUSTRIAL (M-2) ZONING DISTRICT - Filed by Maria Kao for Bender Ready Mix - Planning and Building Agency Recommended action approved by the Planning Commission on October 10, 2011, by a vote of 6-0 (Alderete absent). MOTION: Receive and file the staff report approving Conditional Use Permit No. 2011-21 as conditioned. **END OF CONSENT CALENDAR** BUSINESS CALENDAR ITEMS RESOLUTIONS 55A RESOLUTION SUPPORTING THE PRADO BASIN FEASIBILITY STUDY - Public Works Agency MOTION: Adopt a resolution. RESOLUTION NO. 2011-070 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF ORANGE COUNTY WATER DISTRICT'S PRADO BASIN FEASIBILITY STUDY MOTION: Alvarez SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55B RESOLUTION SUPPORTING THE GROUNDWATER REPLENISHMENT SYSTEM INITIAL EXPANSION PROJECT - Public Works Agency MOTION: Adopt a resolution. RESOLUTION NO. 2011-071 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING ORANGE COUNTY CITY COUNCIL MINUTES 11 NOVEMBER 7, 2011 1 0A-11 WATER DISTRICT'S GROUNDWATER REPLENISHMENT SYSTEM INITIAL EXPANSION PROJECT MOTION: Martinez SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55C PUBLIC ASSISTANCE FUNDING APPLICATION FOR CalEMA and FEMA REIMBURSEMENT - Police Department and Fire Department MOTION: 1. Adopt a resolution. RESOLUTION NO. 2011-072 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DESIGNATING THE CITY MANAGER AND THE FIRE CHIEF AS ITS AGENT FOR MATTERS PERTAINING TO DISASTER ASSISTANCE 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2012-82 - Increasing revenues in the FEMA/Cal-EMA Grant account by $8,959.00 and appropriate the same amount into FEMA Flood Emergency expenditure account. MOTION: Benavides SECOND: Tinajero VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 12 NOVEMBER 7, 2011 1 0A-12 PUBLIC HEARINGS 75A PUBLIC HEARING - ABANDONMENT NO. 10-02: TO VACATE A PORTION OF CYPRESS AVENUE SOUTH OF MCFADDEN AVENUE - Public Works Agency Set for Public Hearing at the October 3, 2011 City Council meeting. Legal Notice published in the O.C. Reporter on October 7, 2011 and October 14, 2011. Staff report presented by Raul Godinez II, Executive Director of Public Works. ect The Public Hearing opened at 8:07 p.m. There were no speakers and the hearing closed. MOTION: Adopt a resolution. CITY COUNCIL MINUTES 13 NOVEMBER 7, 2011 1 0A-13 RESOLUTION NO. 2011-073 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING A PORTION OF THE STREET AT 1114 SOUTH CYPRESS AVENUE (ABANDONMENT NO. 2010-02) MOTION: Alvarez SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 75B PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2011-01 TO CREATE A HOUSING OPPORTUNITY ORDINANCE TO ENSURE FUTURE RESIDENTIAL DEVELOPMENT PROJECTS CONTRIBUTE TO THE ATTAINMENT OF THE AFFORDABLE HOUSING GOALS SET FORTH IN THE HOUSING ELEMENT OF THE CITY'S GENERAL PLAN - Filed by the City of Santa Ana - Planning and Building Agency Recommended action approved by the Planning Commission on September 26, 2011 by a 7-0 vote. Legal Notice published in the O.C. Reporter on October 28, 2011 and notices mailed on October 27, 2011. Staff report presentation by Jay Trevino, Planning and Building Executive Director. Project Description ¦ Create a Housing Opportunity Ordinance to achieve affordable housing goals in Housing Element of the City's General Plan Purpose and Background ¦ City Council direction with adoption of the Transit Zoning Code ¦ Begin process to draft inclusionary ordinance for those properties within M1 and M2 Overlay Zones of the TZC ¦ Address community concerns regarding affordable housing within re- zoned areas ¦ And implement the Housing Element and address State Redevelopment Law What is a Housing Opportunity Ordinance? ¦ Affects only new developments that request up-zoning CITY COUNCIL MINUTES 14 NOVEMBER 7, 2011 1 0A-14 Requires a percentage of new housing to be affordable housing Designed to produce a portion of the City's affordable Regional Housing Needs Assessment Outreach and Meetings ¦ City Council Study Session ¦ Planning Commission Public Hearings ¦ Study Session ¦ Ad Hoc Planning Commission Committee meetings ¦ Redevelopment & Housing Comm. ¦ Additional Outreach ¦ Public notice to 900 property owners in letter format ¦ Advisory Committee ¦ Website Project Applicability: ¦ Increase in residential density ¦ Increase in percentage of residential development ¦ Convert commercial or industrial to residential uses ¦ Convert rental units to condominium ownership Requirements ¦ Applies to projects with 5 or more residential units ¦ 15 percent affordable units ¦ Dispersed throughout project ¦ Comparable - number of bedrooms ¦ Comparable design, materials, quality & appearance ¦ Same access to site amenities Alternatives ¦ Requires City Council Authorization ¦ Substantially rehab units off-site ¦ Payment of in-lieu fee Recommendation ¦ Recommend that the City Council adopt Housing Opportunity Ordinance The Public Hearing opened at 8:13 p.m. Sean Mill, representing the Planning Commission and as resident, spoke in support of the proposed ordinance. There were no other speakers and the hearing closed. Council discussion ensued. Mayor Pro Tern Alvarez asked whether the Building Industry Association "BIA" support the item. Executive Director of Plannign and Building Agency Jay Trevino noted that he was not aware of the position they took on the matter. Housing opportunity title came about due to feedback received from BIA. Mayor Pro Tern concerned with definition and clarity of windfall. Trevnio indicated that if upzone requested CITY COUNCIL MINUTES 15 NOVEMBER 7, 2011 1 0A-15 by developer the ordinance would apply; other cities in Orange County have similar ordinances. Councilmember Benavides indicated that currently the City does not have inclusionary ordinance and proposed ordinance would provide parity for all future projects. There is a requirement and need for affordable housing units. Councilmember Sarmiento spoke in support of dignified housing needs; encourages mixed development; need new development; Bristol project may have residential units in mixed area. Councilmember Bustamante made a substitute motion to continue for 30 days for further review, seconded by Mayor Tern Alvarez. Alvarez requested a letter of support from BIA. Councilmember Sarmiento in support of considering matter tonight. Mayor Pro Tern Alvarez asked about resident priority; City to follow State requirements. Ordinance is fundamentally fair to all proposed new development. SUBTITUTE MOTION: Continue consideration of matter for 30 days to provide the City Council further time to review. MOTION: Bustamante SECOND: Alvarez Mayor Pro Tern Alvarez withdrew her seconded motion since she does not believe that BIA will be submitting a letter. Mayor Pulido suggested an amendment to the motion to consider a matrix or measurement for City Council to consider within six-months to a year; monitor ordinance to make sure construction not frozen or City over- regulated; allow for discretionary review. Councilmember Tinajero noted that action proposes dignified housing; supports affordable housing. Councilmember Martinez concurred; set policy to influence future development; current projects not affected. AMENDED MOTION: Place amended ordinance on first reading and authorize publication of title, as follow: ORDINANCE NO. NS-2825 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE ADDING HOUSING OPPORTUNITY STANDARDS AND PROCEDURES TO ENCOURAGE THE DEVELOPMENT OF HOUSING THAT IS AFFORDABLE TO A RANGE OF HOUSEHOLDS WITH VARYING INCOME LEVELS a. Modify Section 41-1904 (b) as follow - ...for the project, in whole or in part, by constructing a mix of affordable units or substantially rehabilitating existing rental units the reg iFed R imheFef Gff site URit6_ .... The number of substantially rehabilitated unites that will be required under the off-site unit provision will be determined based on a calculation of the affordability gap associated with on-site provision of the units. This CITY COUNCIL MINUTES 16 NOVEMBER 7, 2011 1 0A-16 affordability gap will then be translated into the number of off-site unites that can be produced at a financial gap equal to the affordability gap associated with on-site provision of the units. MOTION: Benavides VOTE: AYES: SECOND: Tinajero Alvarez, Benavides, Martinez, Pulido, Sarmiento, Tinajero (6) NOES: Bustamante (1) ABSTAIN: None (0) ABSENT: None (0) 75C PUBLIC HEARING - RESOLUTION AUTHORIZING CONDEMNATION OF REAL PROPERTY AND BILLBOARD AT 410 NORTH BRISTOL STREET (PROJECT 081700) - Public Works Agency Notice of Hearing letter regarding acquisition of real property by eminent domain mailed to property owner on October 18, 2011. Notice of Hearing letter regarding acquisition of property by eminent domain ("Billboards") mailed to property owner on October 19, 2011. Raul Godinez, Executive Director of Public Works noted that a one-week continuance would not affect project schedule. MOTION: Continue item for one-week, to a Special Meeting of the City Council scheduled for November 14, 2011. MOTION: Sarmiento SECOND: Tinajero VOTE: AYES: Alvarez Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 17 NOVEMBER 7, 2011 1 0A-17 75D PUBLIC HEARING - RESOLUTION AUTHORIZING CONDEMNATION OF REAL PROPERTY AT 610-612 NORTH BRISTOL STREET (PROJECT 081700) - Public Works Agency Notice of Hearing letter mailed to property owner on October 18, 2011. Mayor Pulido opened the hearing. Gretchen Yen, property owner, claimed her rights and noted that she continues to be open for negotiations. There were no other speakers and the hearing closed. Mayor Pro Tern Alvarez requested that the City contact all property owners. *Motion to approve item originally adopted by a vote of 7-0, but revoked to consider all condemnation items for the Bristol Street widening together at a Special City Council Meeting. MOTION: Adopt resolution.* MOTION: Tinajero SECOND: Sarmiento VOTE: AYES: Alvarez Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) REVISED MOTION: Continue item for one-week, to a Special Meeting of the City Council scheduled for November 14, 2011.* MOTION: Alvarez SECOND: Martinez VOTE: AYES: Alvarez Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 18 NOVEMBER 7, 2011 1 0A-18 75E PUBLIC HEARING - RESOLUTION AUTHORIZING CONDEMNATION OF REAL PROPERTY AT 1255 WEST SIXTH STREET (PROJECT 081700) - Public Works Agency Notice of Hearing letter mailed to property owner on October 18, 2011. Mayor Pulido opened the hearing. Cindy Leal expressed concern with process; initial offer proposed 18-months ago. There were no other speakers and the hearing closed. MOTION: Continue item for one-week, to a Special Meeting of the City Council scheduled for November 14, 2011. MOTION: Pulido SECOND: Sarmiento VOTE: AYES: Alvarez Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) *Mayor Pro Tern Alvarez motioned to re-consider Agenda Item 75D and continue consideration of item along with other such items, seconded by Councilmember Martinez. Motion carried 7-0. 75F PUBLIC HEARING - RESOLUTION AUTHORIZING CONDEMNATION OF A BILLBOARD AT 306 NORTH BRISTOL STREET (PROJECT 081700) - Public Works Agency Notice of Hearing letter mailed to property owner on October 19, 2011. Mayor Pulido opened the hearing. There were no speakers and the hearing closed. MOTION: Continue item for one-week, to a Special Meeting of the City Council scheduled for November 14, 2011. MOTION: Bustamante SECOND: Sarmiento VOTE: AYES: Alvarez Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) CITY COUNCIL MINUTES 19 NOVEMBER 7, 2011 1 0A-19 ABSTAIN: None (0) ABSENT: None (0) 75G PUBLIC HEARING - RESOLUTION AUTHORIZING CONDEMNATION OF A BILLBOARD LOCATED AT 411 NORTH BRISTOL STREET (PROJECT 081700) - Public Works Agency Notice of Hearing letter mailed to property owner on October 19, 2011. MOTION: Continue item for one-week, to a Special Meeting of the City Council scheduled for November 14, 2011. MOTION: Sarmiento SECOND: Tinajero VOTE: AYES: Alvarez Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 75H PUBLIC HEARING - RESOLUTION AUTHORIZING CONDEMNATION OF A BILLBOARD LOCATED AT 311 NORTH BRISTOL STREET (PROJECT 081700) - Public Works Agency Notice of Hearing letter mailed to property owner on October 19, 2011. MOTION: Continue item for one-week, to a Special Meeting of the City Council scheduled for November 14, 2011. MOTION: Sarmiento SECOND: Tinajero VOTE: AYES: Alvarez Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 20 NOVEMBER 7, 2011 1 OA-20 COUNCIL RECESSED AT 9:15 P.M. TO THE COMMUNITY REDEVELOPMENT AGENCY, FOLLOWED BY THE SANTA ANA HOUSING AUTHORITY MEETING; THE CITY COUNCIL MEETING RECONVENED AT 9:16 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. *Mayor Pulido and Councilmember Sarmiento declared conflicts of interests on Item 85A and abstained. Pulido has a business interests, and Sarmiento has clients that reside in the area, they left the meeting at 9:16 p.m. Mayor Pro Tern Alvarez assumed the Chair and presided over the meeting. 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, and October 17, 2011 City Council meetings. The following speakers addressed the City Council and spoke in opposition to PBID and request disestablishement: ¦ Herb Rose, read prepared statement for the record; opposed to PBID. ¦ Barbara DesRochers, questioned approval process of PBID. ¦ Nina Jun, proposed ordinance amendment on PBID; submitted petition for disestablishment. ¦ Claudia Arellanes, questions collection of PBID tax through property taxes. ¦ Fina Chavez, urged the City Council to set a public hearing to disestablish PBID. ¦ Adolfo Lopez, read letter for the record. ¦ Walter Cha, opined that PBID not following State Law. ¦ Raul Yanez, opposed to tax, voted against establishment ¦ Shawn Markhani, supports agenda item; State Law has provisions for disestablishment that are missing in City ordinance. ¦ Albert Castillo, opined that some events hosted by Dowtown Inc. are hosted by El Centro Cultural de Mexico and/or Calacas. ¦ Alex Vega, opposed to tax. Council discussion ensued. Mayor Pro Tern Alvarez concerned that disestablishment policy not included in ordinance. Proposed the following CITY COUNCIL MINUTES 21 NOVEMBER 7, 2011 1 OA-21 motions that died for lack of second with the exception of item 2 that was seconded by Councilmember Martinez: 1. Set a Public Hearing to consider disestablishment. 2. Set up an advisory election and not allow the City to participate in the election. 3. Amend the resolution to have process for disestablishment. Motions died. Councilmember Tinajero noted that anti-PBID businesses made no concessions; Downtown Inc. has owness to fullfill commitments and obligations as included in agreement. Offered Substitute Motion to table the matter until May, 2012, seconded by Councilmember Bustamante. Councilmember Martinez asked staff about payment alternatives - staff noted that information pending. Mayor Pro Tern Alvarez requested that document containing answers to various questions on PBID be provided to business owners. SUBSTITUTE MOTION: Table consideration of matter until May 2012. MOTION: Tinajero SECOND: Bustamante VOTE: AYES: Benavides, Bustamante, Martinez, Tinajero (4) NOES: Alvarez (1) ABSTAINED Pulido, Sarmiento (2) AND NOT PRESENT: ABSENT: None (0) Mayor Pulido and Councilmember Sarmiento returned at 10:04 p.m. Mayor Pulido reassumed the Chair. 85B DISCUSSION AND POSSIBLE ACTION REGARDING CAMPING ORDINANCE AND POLICIES RELATED THERETO (Councilmembers Martinez and Benavides) The following speakers addressed the City Council in support of item: • Keith Dillan, noted that movement was his 1 st amendment right. • Anthony Velioza, commented on support received by the cities of Los Angeles and Irvine. CITY COUNCIL MINUTES 22 NOVEMBER 7, 2011 1 OA-22 • Karl Greenblatt, important effort; requested support. • Alicia Rojas, spoke on homeless issue. • Dylan Thompson, requested support of movement. • Massimo Marini, noted purpose for movement; camping ordinance to be re-examined. • Dwight Smith, indicated that no emergency shelter available after 2 a.m. • Crystal Ngo, solidarity with Occupy Wall Street movement; right to assemble. • Brian Montes, concerned with economy; right to assemble peacefully. • Theo Hirseh, concerned that 1St amendment right violated. • Sam Aresheh, support movement. • Joese, spoke in support of Occupy movement. • Nicholas Dorsey, thanked the City Council for agendizing matter; requested support. • Alexis Curiel, spoke in support of item. • Cmd. Terry Lee, veteran in support of movement. • Jenny Lynn, student at UCI, concerned with economy and lack of opportunities. • Yenny Talmo, supports Occupy Movements throughout. • Charles Cha, community organizer in support of movement. • Sara Beckman, opined that corporations have too much control over economy. • Anthony Underwood, concerned with lack of opportunity to assemble. • Manuel Guerrero, spoke in support of movement. • Albert Castillo, support movement; Chicanos Unidos support movement too. • Greg Diamond, attorney that drafted Memorandum of Agreement with the City of Irvine, willing to work with the Santa Ana on similar contract. • Rogelio Santana, commented on homeless problem; supports movement. • Vianey Cruz, served in the U.S. Marine Corp.; supports right to congregrate. • Inga Scott, supports movement. • Donna Haney, requested an up-zone on right to camp. • Alex Vega, supports movement. • Dean Bottino, honors right to free speech and assembly. • Chris Fagan, requested the use of shelter during movement. • Joel Chavez, willing to pay for permits and costs associated with movement for right to assemble. • Rob Cook, commented on recent lawsuit by ACLU against County of Orange; Ward Redistricting; and asked how City would handle budget stabilization problem. • Kyle Mackey, noted poverty rate and need for change in government. • Jessica Randolph, support movement and historical significance of effort. CITY COUNCIL MINUTES 23 NOVEMBER 7, 2011 1 OA-23 • Timonthy Craven, supports movement. Council discussion ensued. Councilmember Martinez thanked all for comments; appreciate the movement; requested an interpretation of camping ordinance. Interim City Attorney Straka noted that no camping ordinance applies to all groups equally. Councilmember Benavides noted that it is not prudent for City to lift ordinance; exposed to lawsuit. Interim City Attorney Straka indicated that although the City of Irvine allowed camping, they do not have an ordinance like Santa Ana that does not allow camping. Councilmember Tinajero concurred and noted that the City Council has a responsibility to represent all citizens. Councilmember Sarmiento commented on economy, open to working with groups and recommended that City enter into discussions; City to review resolution prepared by the City of Los Angeles in support of message and mission by Movement. Mayor Pulido noted righteous cause and fundamental issues that need to be addressed at National level. MOTION: Directed the City Attorney to draft a resolution for City Council consideration in support of message and mission of Occupy Movement. MOTION: Sarmiento SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) COMMENTS 90A 90B CITY MANAGER'S COMMENTS - None CITY COUNCILMEMBER COMMENTS Councilmember Benavides: • Attended Complete Street Workshop held today, November 7t" on pedestrian safety along with Councilmember Martinez. • Participated in Santa Ana Cultural Diversity Workshop; acknowledged Jewish Anti-Defamation Coalition and other groups on success; City to hold more meetings and invite other groups to participate. CITY COUNCIL MINUTES 24 NOVEMBER 7, 2011 1 OA-24 Mayor Pro Tern Alvarez: • Commented on Cultural Diversity Workshop that she put together; thanked attendees including Congresswoman Sanchez, Senator Lou Correa, Mayor Pulido, the rabbis, the ADL, and the Hispanic Jewish Coalition for attending - discussed conflict resolution; look forward to continued relationships. • November 11th is Veteran's Day; thanked all service men and women and honor those that have sacrificed their lives. • Look forward to working with Occupy OC and reach compromise. Mayor Pulido: • Adjourned meeting in memory of Shahir Gobran and George Heidler, Jr. ADJOURNED 12:01 a.m. - The next meeting of the City Council is scheduled for Monday, November 14, 2011 at 5:00 for the Regular Open Business Meeting followed by the Closed Session Meeting in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Adjourn in Memory of Shahir Y. Gobran and George P. Heidler Jr. Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 25 NOVEMBER 7, 2011 1 OA-25 1 OA-26