HomeMy WebLinkAbout10A - MINUTES - 09-04-2012MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
SEPTEMBER 4, 2012
CLOSED SESSION MEETING
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
5:10 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 (5:13 p.m.)
SAL TINAJERO (5:22 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 5:10 p.m.
CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters
without members of the public present. The City Council finds, based on advice from the City Attorney,
that discussion in open session of the following matters will prejudice the position of the City in existing
and anticipated litigation:
1A CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
pursuant to Government Code Section 54956.9(b)
Property and Business Improvement District ("PBID")/Community
Management District (CMD), Downtown Inc. *
*Mayor Pulido, and Councilmembers Martinez and Sarmiento declared a Conflict of Interest, left the
room and did not participate in the discussion of the matter.
CITY COUNCIL MINUTES
SEPTEMBER 4, 2012
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1 B LIABILITY CLAIMS pursuant to Government Code Section 54956.95
Claimants: Wilfrido and Lucina Garcia (Claim #2012-046)
1 C PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION pursuant
to Government Code Section 54957
Title: Clerk of the Council
CLOSED SESSION REPORT - See Item 19A. for Report.
ADJOURNED THE CLOSED SESSION MEETING AT 6:28 P.M. AND CONVENED TO
THE REGULAR OPEN MEETING
CITY COUNCIL MINUTES 2 SEPTEMBER 4, 2012
1 0A-2
REGULAR OPEN SESSION
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
6:30 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
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS
STAFF Present:
PAUL M. WALTERS, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
MAYOR PULIDO
BEAR SUMMERS, POLICE CHAPLAIN
EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to:
20 YEARS OF SERVICE Mary D. Kelley, Senior Personnel Analyst,
Personnel Services
PROCLAMATION presented by MAYOR PULIDO to Court Appointed Special
Advocates (CASA) in recognition of their commitment to represent the best interests of
a child in dependency, neglect or abuse cases thus helping to ensure that a child's right
to a safe and permanent home is acted upon in a sensitive, expedient manner; Board
Chairman Mark Steiman and Chief Executive Officer Gene Howard, and Cal Winslow,
CEO, Orangewood Children's Foundation will be accepting this recognition.
CITY COUNCIL MINUTES 3 SEPTEMBER 4, 2012
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PROCLAMATION presented by MAYOR PULIDO to WisePlace in recognition of their
25th Anniversary; Kathleen Davis-Bowman, Executive Director, will be accepting this
recognition.
OATH OF OFFICE administered and CERTIFICATE OF RECOGNITION presented by
MAYOR PRO TEM ALVAREZ to Katherine Ann Mitchell, Youth Commissioner, for her
acceptance into the Harvard Secondary School Program.
PROCLAMATION presented by COUNCILMEMBER BENAVIDES to Univision in
recognition of their 50th Anniversary; Television Anchor Teresa Quevedo will be
accepting the recognition.
CLOSED SESSION REPORT
City Attorney Carvalho reported on items on the Closed Session Agenda. See Agenda
Item 19A for report.
CONSENT CALENDAR ITEMS
MOTION: Approve Consent Calendar Items 10A through 31A with the
following modifications:
• Mayor Pulido pulled Agenda Item 25A for separate discussion;
• Mayor Pulido pulled Agenda Items 19E and 85B that would be considered
together;
• Councilmember Sarmiento abstained on Agenda Item 10A;
• Councilmember Martinez pulled Agenda Items 11A, 25C, 25E, and 25F for
separate discussion; and
• Councilmember Benavides pulled Agenda Items 25G, 25H, and 31 B for
separate discussion.
MOTION: Alvarez
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Benavides
Alvarez, Benavides, Bustamante, Martinez, Pulido,
Sarmiento, Tinajero (7)
None (0)
None (0)
None (0)
CITY COUNCIL MINUTES 4 SEPTEMBER 4, 2012
1 0A-4
Items removed-for separate action or modified are highlighted-, Separate actions.shOw
the actu iNole,'', Items without-,v'ote's' are adopted°as part of the. consent motion:
ADMINISTRATIVE MATTERS
MINUTES
10A MINUTES FROM THE REGULAR MEETING OF AUGUST 20, 2012 -
Clerk of the Council Office
MOTION: Approve Minutes.
*Councilmember Sarmiento abstained on Agenda Item 10A.
ORDINANCES/SECOND READING -In the event a Councilmember recorded an "abstention"
before consideration of the following ordinance(s) on first reading, such abstention will also be reflected in
the minutes for second reading.
11A SECOND READING ORDINANCE RELATING TO THE ENFORCEMENT
OF PARKfKG` REGULATIONS AND TRAFFIC CONTROL Police
Department
Placed on first reading at the August 20, 2012 City Council meeting and
approved by a vote of 5-0 (Bustamante and Sarmiento absent)
Published in the Orange County Reporter on August 24, 2012.
Councilmember Martinez requested that a staff report be included with
future 2nd reading of ordinances. Also, thanked staff for sending out
informational literature through social media.
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NS-2837 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AMENDING CHAPTER 36 OF THE SANTA
ANA MUNICIPAL CODE RELATING TO ENFORCEMENT OF PARKING
CONTROL REGULATIONS AND TRAFFIC CONTROL SERVICES
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN:
SECOND: Sarmiento
Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
None (0)
None (0)
ABSENT: None (0)
CITY COUNCIL MINUTES 5 SEPTEMBER 4, 2012
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MISCELLANEOUS ADMINISTRATION
19A CLOSED SESSION REPORT - City Attorney's Office
MOTION: Approve settlement agreement.
LIABILITY CLAIMS pursuant to Government Code Section 54956.95;
Claimants: Wilfrido and Lucina Garcia (Claim #2012-046), Settlement
Agreement in the amount of $13,500.00
19B EXCUSED ABSENCES - None
19C CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION
REPORT - Community Development Agency
MOTION: Authorize the submittal of the Consolidated Annual
Performance and Evaluation Report to the U.S. Department of
Housing and Urban Development.
19D QUARTERLY REPORT FOR HOUSING DIVISION PROJECTS &
ACTIVITIES APRIL 2012 - JUNE 2012 - Community Development
Agency
MOTION: Receive and file.
19E AGENDA ITEM TAKEN OUT OF ORDER
BUDGETARY MATTERS
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
MOTION: Award in accordance with Request for Council Action.
(Items 22A and 22B)
22A SPEC NO. 12-054 - ON-GOING HOMELAND SECURITY PROJECTS -
Award a contract to Mallory Safety & Supply Co. for a one-year period with
provision for two, one-year renewals, in an amount not to exceed
$1,750,000 for the first year (Police Department) - Finance & Management
Services
CITY COUNCIL MINUTES 6 SEPTEMBER 4, 2012
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22B SPEC NO. 12-052 - SCREEN PRINTED ARTICLES, PROMOTIONAL
ITEMS AND AWARDS - Award a contract to McVicker and Associates for
a one-year period in an annual amount not to exceed $55,000 - Finance &
Management Services
AGREEMENTS
25A FEDERAL GOVERNMENT LIAISON SERVICES -With The,Ferguson
Group.Jor an annual amount not to exceed; $75,000 - Cify Manager's
Office
Continued from the July 2, 2012 City Council meeting by a vote of 6-0
(Bustamante absent). Considered at the August 6, 2012 City Council meeting to
approve by a vote of 2-0 (Martinez, Benavides, No; Bustamente, Sarmiento and
Tinajero absent), motion failed; and to continue matter to August 20, 2012
meeting by a vote 2-0 (Alvarez, Pulido, No; Bustamente, Sarmiento and Tinajero
absent) motion failed. Item considered and continued from the August 20, 2012
City Council meeting by a vote of 5-0 (Bustamante and Sarmiento absent).
MOTION: Direct staff to prepare a Request for Proposal (RFP) and
solicit bids for service.
MOTION: Pulido SECOND: Sarmiento
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
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
25B, 25D, and 251)
25B AGMT NO. 2012-179 - AMENDMENT - INMATE MEDICAL SERVICES -
With Correctional Managed Care Medical Corporation in an annual
amount not to exceed $1,373,732 - Police Department
Continued from the August 20, 2012 City Council meeting by a vote of 5-0
(Bustamante and Sarmiento absent).
CITY COUNCIL MINUTES 7 SEPTEMBER 4, 2012
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25C CONSULTING SERVICES.. FOR INFORMATION ,. TECHNDLOGY
Finance-& Management Services
Continued from the August 20, 2012 City Council meeting by a vote of 5-0
(Bustamante and Sarmiento absent).
Councilmember Martinez suggested service contract go out for bid next
year; contractors should serve all departments equally and convert and
modernize incompatible systems.
MOTION: Authorize the City Manager and Clerk of the Council to
execute the following agreement, 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 with the
following firms for a total compensation of $3,290,000 and extending
the term for a one-year term or until the funds are expended.
¦ AGMT NO. 2012-180 -Amendment with Concorde Consulting, Inc.
¦ AGMT NO. 2012-181 -Amendment with SoftMaster, Inc.
¦ AGMT NO. 2012-182 - Amendment with The Comdyn Group, Inc.
¦ AGMT NO. 2012-183 - Amendment with Telfords
MOTION: Martinez SECOND: Sarmiento
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
25D AGMT NO. 2012-184 - GRANT MANAGEMENT SERVICES, URBAN
AREAS SECURITY INITIATIVE (UASI) FUNDED - With Willdan
Homeland Solutions in an annual amount not to exceed $125,000 with the
option to exercise two, one-year extensions - Police Department
25E AGMT NO. 2012-1,85 - OPERATION & MAINTN Q?
LEA
PQPRTIS`qBIKE TRAILS AND REST AREAS)
CI QF CANT . i. NA,ALONG' THE SANTA .ANA RIVER ,A Q, x
"J 4GI ? N.ELS;' Parks, ; Recreation & Comrn,unity„5 ,des
CQ 'F?;Q
Agency
CITY COUNCIL MINUTES 8 SEPTEMBER 4, 2012
1 0A-8
MOTION: Authorize the City Manager and Clerk of the Council to
execute the following agreement, 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 with the
Orange County Flood Control District.
MOTION: Alvarez SECOND: Benavides
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
25F AGMT NO. 2012-186. - AMENDMENT ANNUAL WEED AND DEBRIS
REMOVAL SERVICES - Public Works Agency
Councilmember Martinez noted for the record a potential conflict of
interest because she accepted a donation for her Assembly campaign and
abstained on the matter.
MOTION: Authorize the City Manager and Clerk of the Council to
execute the following agreement, 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 With
Naranjo Landscape, Inc., for an amount not to exceed $167,500
through August 31, 2013 (Community Development Agency).
MOTION: Sarmiento SECOND: Alvarez
VOTE: AYES: Alvarez, Benavides, Bustamante, Pulido,
Sarmiento, Tinajero (6)
NOES: None (0)
ABSTAIN: Martinez (1)
ABSENT: None (0)
25G AGMT NO. 2012-187 - GRANT APPLICATIONS PARTNERSHIP. FORA
HEALTHIER AMERICA PLAY STREETS TO PROVIDE RHYICAL
ACTIVITIES TO THE CEDAR-EVERGREEN AREA - Parks, Recreation &
Community Services Agency
CITY COUNCIL MINUTES 9 SEPTEMBER 4, 2012
1 0A-9
Councilmember Benavides thanked staff for efforts made in the area.
MOTION: Authorize the City Manager and Clerk of the Council to
execute the following agreement, subject to non-substantive
changes approved by the City Manager and City Attorney and/or
actions as noted on the Request for Council Action report with the
Partnership for a Healthier America
MOTION: Benavides SECOND: Alvarez
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
25H GARFIELD COMMUNITY CENTER _ CONSTRUCTION
REIMBURSEMENT,r. AND JOINT USA,;,: AGREEMENT - ,.Q, t '011y
Developmenfi`;Agency and Parks, Recreation and Community?$ervlces
Councilmember Benavides thanked the Santa Ana Unified School District
for joint use venture.
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:
1. AGMT NO. 2012-188 - With the Santa Ana Unified School District
(SAUSD) for the construction of a community center at Garfield
Elementary School in an amount not to exceed $2,375,000, subject to
SAUSD Board approval.
2. AGMT NO. 2012-189 - With the Santa Ana Unified School District for
Garfield Elementary School, subject to SAUSD Board approval.
3. Approve the project funding as follows: Construction Reimbursement
Agreement $2,375,000, Inspection/Oversight $237,500, and
Contingencies $237,500, for a total estimated cost to the City of
$2,850,000.
MOTION: Benavides SECOND: Alvarez
CITY COUNCIL MINUTES 10 SEPTEMBER 4, 2012
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VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
251 AGMT NO. 2012-190 - GEOGRAPHIC INFORMATION SYSTEM (GIS)
PROGRAMMING AND CONSULTING SERVICES - With Redlands
Software Inc. for an amount not-to-exceed $120,000 in Fiscal Years 2012-
2013 and 2013-2014 - Public Works Agency
MISCELLANEOUS - BUDGET
29A 2010-2011 ANNUAL ACTION PLAN SUBSTANTIAL AMENDMENTS -
Community Development Agency
MOTION:
1. Approve a substantial amendment to the 2010-2011 Annual Action
Plan approving the reallocation of Community Development Block
Grant funds, and authorize its submittal to the U.S. Department of
Housing and Urban Development.
2. Approve a substantial amendment to the 2010-2011 Annual Action
Plan revising the NSP3 Target Geography Area, and authorize its
submittal to the U.S. Department of Housing and Urban
Development.
3. Approve the amendment of the Foreclosed Homes Acquisition
Program.
LAND USE MATTERS
CONDITIONAL USE PERM ITIVARIANCES
31A CONDITIONAL USE PERMIT NO. 2012-16 AND VARIANCE NO. 2012-
05 TO PERMIT AN INDOOR SPORTS FACILITY THAT EXCEEDS THE
ALLOWABLE BUILDING AND SIGN HEIGHT AT 1441 SOUTH VILLAGE
WAY - SENDER ONE CLIMBING LLC, APPLICANT - Planning and
Building Agency
CITY COUNCIL MINUTES 11 SEPTEMBER 4, 2012
1 0A-11
Recommended action approved by the Planning Commission on August
13, 2012, by a vote of 6-0 (Turner absent).
MOTION: Receive and file the staff report approving Conditional Use
Permit No. 2012-16 as conditioned and Variance No. 2012-05 as
conditioned..
31B CONDITIONAL USE,-PERMIT N0,;2012-17,AND VARIANCE NO, 2042,
06 TO ALLOW SHE ACADEMY CHARTER HIGH SCHOOL „I Tx- 90:1
NORTH FAIRVIEWN STREET ORANGEWOOD.,` "6H C; R. S
FOUNDATION, APPLIQANT:- Planning and, Building Agency
Recommended action approved by the Planning Commission on August
13, 2012, by a vote of 6-0 (Turner absent).
Councilmember Benavides thanked all involved in bringing project
forward. Councilmember Martinez thanked Orangewood Foundation.
Mayor Pulido noted that it was a $40 million project; team effort to bring to
fruition.
MOTION: Receive and file the staff report approving Conditional Use
Permit No. 2012-17 as conditioned and Variance No. 2012-06 as
conditioned.
MOTION: Pulido SECOND: Alvarez
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR ITEMS
RESOLUTIONS
55A EXTEND THE SUSPENSION OF CREDIT CARD/ELECTRONIC FUNDS
TRANSFER TRANSACTION FEE - Finance & Management Services
CITY COUNCIL MINUTES 12 SEPTEMBER 4, 2012
1 0A-12
Mayor Pro Tern Alvarez called for possible revival of Technology Council
Committee to discuss this matter and other related items.
MOTION: Adopt a resolution.
RESOLUTION NO. 2012-040 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA EXTENDING THE SUSPENSION THE
CREDIT CARD / ELECTRONIC FUNDS TRANSFER TRANSACTION
FEE
MOTION: Alvarez SECOND: Martinez
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
55B
RESOLUTION - SUPPORTING THE TRANSFER OF ONTARIO
AIRPORT TO LOCAL CONTROL - City Manager's Office
MOTION: Adopt a resolution.
RESOLUTION NO. 2012-041 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA SUPPORTING THE TRANSFER OF
ONTARIO INTERNATIONAL AIRPORT TO LOCAL CONTROL OF THE
CITY OF ONTARIO
MOTION: Martinez SECOND: Alvarez
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
CITY COUNCIL MINUTES 13 SEPTEMBER 4, 2012
1 0A-13
PUBLIC COMMENT (TAKEN OUT OF ORDER)
• Ralph Allen, requested disestablishment of Community Management District / PBID.
• Fina Chaves, expressed support for full disestablishment of PBID, commented on
lack of City Council quorum eligible to discuss the matter; suggested funds be frozen
until matter resolved, and requested that process be kept transparent.
• Clark Castled, expressed support for the sunshine ordinance.
• Soledad Vences, member of Familias de Corazones Verdes, commented on need
for more open space to improve the overall welfare of children in the community.
• Apolonio Cortez, (Spanish speaker) thanked staff for comments received on the
proposed sunshine ordinance, requested additional meetings with City
Councilmembers to discuss some concerns raised by SACReD.
• Ruby Woo, member of Connect-to-Council, invited all to the Council Candidate
Forum on September 12tH
• Dave Hoen, commented on improvements in Downtown including restaurants, art
galleries, entertainment venues etc. that bring thousands of people into our City.
• George Garcia, commented on the on-going war against Islamic terrorist; also,
suggested that the City Council adopt "in God We Trust" motto and display in the
Council Chamber.
• Brenda Zeferino, Latino Health Access Core member, supports the sunshine
ordinance and encourages youth participation.
• Bryan Kaye, noted decrease in graffiti at Santiago Creek and importance of keeping
trait smoke free; also, expressed support for sunshine ordinance.
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 Tern Alvarez and Councilmember Sal Tinajero
At the August 20, 2012 City Council meeting Mayor Pro Tern requested
that item be placed on the September 4, 2012 City Council meeting.
Mayor Pro Tern Alvarez requested item be re-agendized on the next City
Council agenda for status report from staff. Also, directed staff to review
alternative methods in lieu of destroying records such as document
imaging.
MOTION: Approve a moratorium on destruction of all City records
until new policy approved by the City Council.
MOTION: Alvarez SECOND: Tinajero
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
CITY COUNCIL MINUTES 14 SEPTEMBER 4, 2012
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ABSTAIN: None (0)
ABSENT: None (0)
Mayor Pulido, and Councilmembers Martinez and Sarmiento declared a conflict of
interest on Agenda Items 19E and 85B, left the dais at 8:23 p.m. and did not participate
in the discussion of the matters. Mayor Pro Tern Alvarez assumed the Chair and
presided over the meeting.
AGENDA ITEM TAKEN OUT OF ORDER
19E DOWNTOWN SANTA ANA COMMUNITY MANAGEMENT DISTRICT
ANNUAL REPORT - Community Development Agency
At the July 16 and August 6, 2012 City Council meetings, item not
considered due to lack of quorum.
Councilmember Benavides requested update on the disestablishment and
resolution on the matter. Staff noted that preliminary discussions have
occurred with both sides of the issue. City Attorney also requested
additional time to continue discussing staff recommendations in bringing
resolution. Councilmember Benavides proposed approval of annual
report, but a postponement on submission of tax assessment role to the
Orange County Tax Assessor-Controller until matter resolved.
Councilmember Tinajero asked if there was a timeline to submit
assessments to the Tax Collector. Staff indicated that deadline has
passed, but may assess for an additional cost per parcel. Mayor Pro Tern
Alvarez noted that she was opposed to the motion; deadline to submit
assessment role has expired.
MOTION:
1. Approve the 2011-12 Downtown Santa Ana Community
Management District annual report submitted by Downtown Inc.;
2. Continue consideration of approval of FY 2012-2013 Downtown
Santa Ana Community Management District Special Assessment.
MOTION: Benavides SECOND: Bustamante
Motion died.
CITY COUNCIL MINUTES 15 SEPTEMBER 4, 2012
1 0A-15
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, AND SETTING PUBLIC HEARING
FOR DISESTABLISHMENT - Mayor Pro Tern Alvarez and
Councilmember Sal Tinajero
Continued from the August 24, September 19, October 3, October 17,
November 7, 2011 meetings; July 2 and August 6, 2012 City Council
meetings.
Mayor Pro Tern Alvarez suggested complete disestablishement and
abolish the CMD/PBID; opined that Downtown Inc. should not be handling
any public funds; asked City Attorney Carvalho to clarify if
repealing/rescinding ordinance that established CMD/PBID could be
considered tonight. City Attorney indicated that repeal would disable
CMD/PBID. Mayor Pro Tern Alvarez noted that it would be more effective
to repeal ordinance in its entirety.
Councilmember Benavides would like to provide staff with opportunity to
speak with both groups to discuss idea of repealing PBID/CMD. Also,
adoption of ordinance to repeal CMD/PBID would require City Council
adoption and would be placed on future agenda if a consensus reached.
MOTION: Set matter for Public Hearing to disestablish PBID/CMD.
MOTION: Alvarez
Motion died.
SECOND: Tinajero
SUBSTITUTE MOTION: Direct staff to draft ordinance to
repeal/rescind ordinance that established the Community
Management District (CMD) / PBID.
MOTION: Alvarez SECOND: Tinajero
VOTE: AYES: Alvarez, Benavides, Bustamante, Tinajero (4)
NOES: None (0)
ABSTAINED Martinez, Pulido, Sarmiento (3)
AND NOT
PRESENT:
ABSENT: None (0)
CITY COUNCIL MINUTES 16 SEPTEMBER 4, 2012
1 0A-16
CITY COUNCIL MEETING RECESSED TO THE HOUSING AUTHORITY MEETING
AT 8:14 P.M. AND RECONVENED AT 8:15 P.M. WITH SAME MEMBERS PRESENT
COMMENTS
90A CITY MANAGER'S COMMENTS - None
90B CITY COUNCILMEMBER COMMENTS
Councilmember Tinajero:
• Apologized for delaying the Public Comments portion on the agenda
tonight;
• Announced that the Sunshine Ordinance would be agendized for the
next City Council Meeting;
• Congratulated all new and returning students and wished them well in
the school year; and
• Commented that staff would continue to work with the Santa Ana
Unified School District in addressing open space and other joint venture
opportunities.
Councilmember Benavides:
• Remarked on the monthly Art Walk event held over the weekend that
was well attended; the OC Film Festival had kick-off event; and
• Invited all to attend the upcoming Fiestas Patrias in Downtown Santa
Ana on September 15-16, 2012.
Councilmember Bustamante:
• Asked that all drivers be extra careful as the new school year has
begun; and
• Requested the City Council adjourn the meeting in memory of Neil
Armstrong.
Councilmember Martinez:
• Thanked Councilmember Bustamante for attending tonight's City
Council meeting;
• Requested a status report at the next City Council Meeting regarding
the Fire Department's transition to Orange County Fire Authority;
• Announced that Fire Stations 1 and 5 would be hosting Open Houses
on October 6, 2012 from 9 a.m. to 2 p.m.
• Encouraged all to attend Councilwoman Martinez' Walk & Talk events
held every other Wednesday on September 19, October 3, October 17,
and on Tuesday, October 30; and
CITY COUNCIL MINUTES 17 SEPTEMBER 4, 2012
1 0A-17
• Invited all to attend the Walk-a-Thon event at Madison Park on
Saturday, September 29th from 9-10 a.m. and Resource Fair and
Cultural Festival from 10 a.m. to 1 p.m.; and
• Congratulated Deputy Police Chief Carlos Rojas on being appointed
Acting Police Chief.
Mayor Pro Tern Alvarez:
• Attended Zoofari Event hosted by the Friends of the Zoo; successful
and well attended event; invited all to visit the Zoo;
• September is Hispanic Heritage Month; encouraged all to attend the
Fiestas Patrias the weekend of September 15th with El Grito being held
on September 15th; and
• Commended Youth Commissioner Katherine Mitchell's attendance to
Harvard University through the Nicholas Foundation; encouraged all
students to take advantage of the numerous programs and services
available to help them succeed.
ADJOURNED- 8:50 P.M. - The next meeting of the City Council is scheduled for
Monday, September 17, 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.
CITY COUNCIL MINUTES 18 SEPTEMBER 4, 2012
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Adjourned in Memory of
Neil Armstrong
Maria D. Huizar,
Clerk of the Council
LIST OF FUTURE AGENDA ITEMS:
• Tow Truck Franchises
• Enforcement Permit Ordinance
• Economic Development Ordinance
• Update on Local Streets and Roadwork
• Sunshine Ordinance
• Go Local Project - Action items
• Discovery Science Center - Expansion approvals
• Academy High School -Approvals
• Paramedic Services Agreement
CITY COUNCIL MINUTES 19 SEPTEMBER 4, 2012
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