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Home My WebLink About2009-05-18 RegularMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SANTA ANA, CALIFORNIA MAY 18, 2009 CALLED TO ORDER Police Chief's Conference Room 60 Civic Center Plaza, 4~h Floor Santa Ana, CA 5:12 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tem P. DAVID BENAVIDES (5:20 p.m.) CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO STAFF Present: DAVID N. REAM, City Manager JOSEPH W. FLETCHER, City Attorney PATRICIA HEALY, Clerk of the Council CLOSED SESSION Adjourned to the Police Community Room 60 Civic Center Plaza Santa Ana, CA 6:15 P.M. REGULAR MEETING 6:25 P.M. PLEDGE OF ALLEGIANCE MAYOR PULIDO CLOSED SESSION REPORT The City Attorney reported on items related to Caddell v. City of Santa Ana; Ellen Smith, Claim 2008-186; and Jorge Sandoval, Claim 2008-162. See Item 19A for report. PUBLIC COMMENTS ON AGENDA ITEMS AND ON ISSUES OF PUBLIC INTEREST The Mayor announced that this was the time to hear public comments on matters on the Council and Agency agendas and also for non-agenda items within the jurisdiction of the City Council. Robert Penney, Kim McPeck, and Phil Le Cours opposed Item 25C; Tish Leon spoke in support of the passage of Item 25C; Javier Saenz spoke in support of the Downtown CITY COUNCIL MINUTES 1P0 MAY 18, 2009 Neighborhood Association and Item 80A; and Randy Platt, representative for the Community Senior Serv, thanked Council for their support. CONSENT CALENDAR Mayor Pulido announced the following modifications to the consent Calendar • Mayor Pro Tem Alvarez recorded a no vote on Item 19C and pulled Item 25A for discussion • Councilmember Sarmiento abstained on Item 11A Motion: Approve staff recommendations on the following Consent Calendar items. MOTION: Bustamante VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Alvarez Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) None (0) None (0) 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 Motion: Approve minutes. (Item 10A) 10A Regular and Closed Session Meeting Minutes of May 4, 2009 ORDINANCES/SECOND READING In the event a Councilmember recorded an "abstention" before consideration of the fallowing ordinance(s) on first reading, such abstention will also be reflected in the minutes for second reading 11A AMENDMENT TO DEVELOPMENT AGREEMENT TO ALLOW THE RENTAL OF UNITS AT THE MONTAGE PROJECT LOCATED AT CITY COUNCIL MINUTES 121 MAY 18, 2009 MACARTHUR PLACE SOUTH - INTEGRAL COMMUNITIES, APPLICANT Placed on first reading at the May 4, 2009 City Council meeting and approved by a vote of 5-0 (Sarmiento abstained, Tinajero absent) Published in the Orange County Reporter on May 8, 2009 Councilmember Sarmiento abstained from voting on this item due to receipt of campaign contributions. Motion: Place ordinance on second reading and adopt. ORDINANCE NS-2782 - An ordinance of the City Council of the City of Santa Ana approving an amendment to the development agreement between the City of Santa Ana and Integral Communities I, Inc. 11B AMENDMENT TO DEVELOPMENT AGREEMENT TO ALLOW THE RENTAL OF UNITS AT THE SKYLINE TOWERS AT MACARTHUR PLACE SOUTH - NDC SKYLINE ASSOCIATES, LLC, APPLICANT Placed on first reading at the May 4, 2009 City Council meeting and approved by a vote of 6-0 (Tinajero absent) Published in the Orange County Reporter on May 8, 2009 Motion: Place ordinance on second reading and adopt. ORDINANCE NS-2783 - An ordinance of the City Council of the City of Santa Ana approving an amendment to the development agreement between the City of Santa Ana and NDC Skyline Associates, LLC MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT Motion: Approve settlement: Alan Caddell, Compromise and release in the amount of $20,000; Ellen Smith, Claim 2008-186, settlement amount of $12,500; Jorge Sandoval, Claim 2008-162, settlement amount of $15,000. CITY COUNCIL MINUTES 122 MAY 18, 2009 196 EXCUSED ABSENCES -None. 19C DESTRUCTION OF OBSOLETE CITY RECORDS 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. (Police Department) Mayor Pro Tem Alvarez recorded a no vote on this item. BUDGETARY MATTERS Motion: Authorize the City Manager and Clerk of the Council to execute the following agreements, subject to nonsubstantive changes approved by the City Manager and City Attorney. (Items 25A through 25B) 25A AGMT - GO LOCAL PROGRAM STEP 2 PROGRAM MANAGEMENT (PROJECT 09-2505-C) - Execute an agreement with Cindy Krebs Consulting, Inc., in the amount of $288,000 -Public Works Agency Motion: Continue matter until the meeting of June 15, 2009. MOTION: Alvarez SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 25B AGMT NO. 2009-052 -LEGAL SERVICES -Approve an amendment to contract with the law firm of Liebert Cassidy Whitmore -City Attorney's Office **END OF CONSENT CALENDAR** PUBLIC HEARINGS CITY COUNCIL MINUTES 12g MAY 18, 2009 75A PUBLIC HEARING -GENERAL PLAN AMENDMENT NO. 2007-03 AND ZONING ORDINANCE AMENDMENT NO. 2009-02 - 3417 WEST FIFTH STREET Filed by Vinh Tran to modify the General plan and the North Harbor Specific Plan (SP2) land use designation from Open Space to General Commercial to allow a medical office building. Approved on April 13, 2009, by the Planning Commission by a vote of 5-0 (Alderete abstained, Gartner absent). Legal notice published in the O.C. Reporter on May 8, 2009 and notices mailed. Councilmember Sarmiento abstained from voting on this item due to receipt of campaign contributions and left the dais. Jay Trevino, Executive Director of Building and Planning, gave the staff presentation on this matter. Written Communication: None Public comment: None. Public Hearing closed. Motion: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Plan, Environmental Review No. 2006-142 2. Adopt a resolution. RESOLUTION NO. 2009-024 - A resolution of the City Council of the City of Santa Ana approving and adopting the mitigated negative declaration and mitigation monitoring program (Environmental Review No. 2006-142) and amending the general plan of the City of Santa Ana to modify the land use element (GPA NO. 2007-03) 3. Place ordinance on first reading and authorize publication. ORDINANCE - An ordinance of the City Council of the City of Santa Ana amending the North Harbor Specific Plan (SP2) zoning district to rezone the property located at 3417 West Fifth Street from open space to general commercial (ZOA NO. 2009-02) CITY COUNCIL MINUTES 124 MAY 18, 2009 MOTION: Tinajero SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Tinajero, Pulido (6) NOES: None (0) ABSTAIN: Sarmiento (1) ABSENT: None (0) 75B PUBLIC HEARING -ZONING ORDINANCE AMENDMENT NO. 2009-04, AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2005-02, CONDITIONAL USE PERMIT N0. 2009-08 AND VARIANCE NO. 2009-02 TO ALLOW THE CONSTRUCTION OF A COURTYARD BY MARRIOTT HOTEL AT 6 EAST MACARTHUR PLACE -NEXUS DEVELOPMENT CORPORATION, APPLICANT The vote of the Planning Commission on the April 13, 2009 meeting was 3-3 (Alderete, Betancourt, Turner opposed; Gartner absent) Legal notice published in the O.C. Reporter on April 24, 2009. Continued from the May 4, 2009 City Council meeting by a vote of 5-0 (Benavides and Tinajero, absent). Legal notice published in the O.C. Reporter on April 24, 2009 Jay Trevino, Executive Director of Building and Planning, gave the staff presentation on this matter. Written Communication: None Public speakers Mark Pfeifer, representative of the Doubletree Club Hotel, spoke in opposition of this project. David Fried, property owner of 2 Hutton Center Drive, praised the project and requested Council to approve. Public Hearing closed. Motion: 1. Adopt a resolution. RESOLUTION NO. 2009-025 - A resolution of the City Council of the City of Santa Ana approving the addendum to the Final Environmental Impact Report No. 2004-002 and approve the Mitigation Monitoring Program; approve Conditional Use Permit No. 2009-08 as conditioned for a hotel and approving Variance No. 2009-02 as conditioned to allow CITY COUNCIL MINUTES 125 MAY 78, 2009 a reduction in the required parking for the property located at 6 East MacArthur Place 2. Place ordinance on first reading and authorize publication. ORDINANCE - An ordinance of the City Council of the City of Santa Ana amending the MacArthur Place South Mixed Use Specific Development District (SD-76) (ZOA No. 2009-04) 3. Place ordinance on first reading and authorize publication. ORDINANCE - An ordinance of the City Council of the City of Santa Ana Approving an Amendment between the City of Santa Ana and Grand Plan 2, LLC MOTION: Sarmiento SECOND: Tinajero & Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) COUNCIL RECESSED TO A JOINT SESSION BETWEEN CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY AT 7:24 P.M. 80A PUBLIC HEARING -AMENDMENT OF DOWNTOWN MANAGEMENT DISTRICT PLAN, MANAGEMENT AGREEMENT WITH DOWNTOWN INC., AND LOAN AGREEMENT Legal notice published in the O.C. Reporter on May 8 and 15, 2009. Mayor Pulido abstained from voting on this item due to the proximity of his business to the Downtown Santa Ana Business Improvement District and stepped down from the dais. Mayor Pro Tem Alvarez assumed the chair. Councilmember Sarmiento abstained from voting on this item because he represents a client in this area; he left the dais for this item only. Cynthia Nelson, Deputy City Manager for Development Services, gave a brief presentation to the City Council. Written Communication: None Public comment: None Public Hearing closed. CITY COUNCIL MINUTES 128 MAY 18, 2009 Motion: 1. Adopt a resolution. RESOLUTION NO. 2009-026 - A resolution of the City Council of the City of Santa Ana amending the Management District Plan for the Downtown Santa Ana Community Management District pursuant to Article XX, Chapter 13 of the Santa Ana Municipal Code. 2. Authorize the City Manager and Clerk of the Council to execute a management agreement subject to non-substantive changes approved by the City Manager and City Attorney: AGMT NO. 2009-054 -With Downtown Inc. for the management and implementation of Community Management District funds for afive- year period ending December 31, 2014. 3. Authorize the City Manager and Clerk of the Council to execute a loan agreement subject to non-substantive changes approved by the City Manager and City Attorney. AGMT NO. 2009-055 -With Downtown Inc. and the City of Santa Ana. MOTION: Bustamante SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Tinajero (5) NOES: None (0) ABSTAIN: Sarmiento, Pulido (2) ABSENT: None (0) Mayor Pulido and Councilmember Sarmiento returned to the dais and the Mayor assumed the Chair. COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY AT 7:30 P.M. COUNCIL RECONVENED WITH ALL MEMBERS PRESENT WORK STUDY SESSION WSA FISCAL YEAR 2009-2010 CITY BUDGET OVERVIEW -FINANCE AND MANAGEMENT SERVICES AGENCY CITY COUNCIL MINUTES 127 MAY 18, 2009 Cathy Standiford, Assistant City Manager, gave a presentation of the City's Fiscal Year 2009-2010 budget. Souri Amirani, Deputy City Engineer, gave the presentation for the proposed Capital Improvement Program for fiscal year 2009-2010. Highlights of these presentations are as follows: • Economic crisis felt in multiple ways • Median home prices down 40% • Santa Ana unemployment at 13.5% • Sales tax continues to fall • Property taxes are declining • State budget crisis puts City dollars at risk • No recovery seen until mid-2010 • Estimated 2009-2010 revenues = $511,118,414; fund balance = $55,850,881; total revenue sources = $566,969,295 • Governmental Funds Appropriations will be reduced by 10.2% • Total General Fund Revenue Sources for 2009-2010 = $219,659,982 • Sales tax revenue is expected to be down by 19.8% • Property tax revenue is expected to decrease by 4.3% • City Department cuts range from 5.1 % to 33.7% • Changes in full-time workforce: Elimination of 153 full-time positions, including forty previously unfunded positions • Merger of Library into Parks and Recreation requires changes in supervisory structure and function • Changes in title for twelve positions will better reflect job functions • Fees have been added for digital services photographs, rental of Lawn Bowling Center, rental of event trailer tables and chairs, and massage technician testing • Fees have been modified for library rental and damaged materials, athletic field lighting, zoo admission, paramedic subscription, parking and fines, massage technician permits, water and sewer • Budget assumptions include: o City will be successful in negotiating concessions from all employee groups including deferral of salary increases, furloughs, and suspension of cash outs. o Maintain hiring freeze and other expenditure reduction measures o State does not take City funds • To enhance public safety: o SAPD managing Santa Ana Unified School District Police Department on contract basis o Applying for federal COPS Hiring funds for additional officers o $400,000 Cal-GRIP grant to expand Police Activities/Athletics League o Strengthening Monday-Friday Community Preservation enforcement; targeted sweeps held on weekends • Project Restore budgeted at $33.3 million CITY COUNCIL MINUTES ~yg MAY 18, 2009 • Continuation of $225 million Bristol Street widening project; other arterial improvements • City's "Go Local" Transit Project in design, environmental phase • Maintaining funding for minor deferred maintenance • Create Landscape Inspector positions to improve contract administration for all park sites • CIP includes $1 million for park improvements • "Green and Clean" park sites • Summer youth recreation programs • Project PRIDE • Park Ranger program • Senior lunch and transportation programs • Leisure classes offered by instructors • Expanded library hours at high schools • Homework assistance, TeenSpace at Main Library • Participate in California Endowment "Building a Healthy Santa Ana" initiative • Ensure long-term financial stability: o Facilities retrofits for energy savings o Expand alternative fuel vehicles in fleet o Implement Enterprise Resource Planning software o Federal stimulus funds for youth employment, vocational, On the Job training, dislocated workers • The proposed budget maintains City Council and community priorities and funding for critical front-line programs and services • A total of $104,334,166 is proposed for the 09/10 Capital Improvement Program: Neighborhood Improvements ($38,752,794); Arterial Improvements ($48,651,873); Traffic Improvements ($6,050,550); Infrastructure Improvements ($6,537,512); City Facility Improvements ($3,267,500); Park Improvements ($1,073,937) 25C AGMTS -PARK LANDSCAPE MAINTENANCE SERVICES -Parks, Recreation, and Community Services Motion: Authorize the City Manager and Clerk of the Council to execute an agreement subject to non-substantive changes approved by the City Manager and City Attorney as follows: AGMT NO. 2009-053 -with Merchants Landscape Services for aone- year agreement, with four one-year renewal options to provide park landscape maintenance services in District 2 in an annual amount not to exceed $453,044, and approve a 5% contingency for unanticipated work for a total annual amount not to exceed $476,074. CITY COUNCIL MINUTES 129 MAY 18, 2009 MOTION: Tinajero SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Councilmember Bustamante moved to approve the remaining agreements as written. There was no second to this motion. Council discussion continued. Motion: Disapprove agreements. AGMT - Execute a one-year agreement with four one-year renewal options, with DMS Landscape Services to provide park landscape maintenance services in District 1 in an annual amount not to exceed $261,120 and approve a 5% contingency for unanticipated work for a total annual amount not to exceed $274,176 AGMT - Execute a one-year agreement with four one-year renewal options, with Mariposa Landscapes to provide park landscape maintenance services in District 3, in an annual amount not to exceed $424,156, and approve a 5% contingency for unanticipated work for a total annual amount not to exceed $445,364 MOTION: Alvarez SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Martinez, Sarmiento, Tinajero, Pulido (6) NOES: Bustamante (1) ABSTAIN: None (0) ABSENT: None (0) 55A AMENDMENT TO CLASSIFICATION AND COMPENSATION PLAN AND ANNUAL BUDGET Continued from the February 2, 2009 City Council meeting by a vote of 7-0. CITY COUNCIL MINUTES 130 MAY 78, 2009 Continued from the February 17, 2009 City Council meeting by a vote of 6-1 (Tinajero absent). Continued from the March 2, 2009 City Council meeting by a vote of 7-0. Continued from the April 6, 2009 City Council meeting by a vote of 7-0. Motion: Disapprove resolution. MOTION: Alvarez SECOND: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: CITY MANAGER AP Alvarez, Benavides, Martinez, Sarmiento, Tinajero, Pulido (6) Bustamante (1) None (0) None (0) ID COUNCIL COMMENTS 90A CITY MANAGER'S COMMENTS -None 90B CITY COUNCILMEMBER COMMENTS Councilmember Tinaiero • Congratulated his son's Little League team in winning their division title in the Valley Little League program ADJOURNMENT - 9:13 p. `Fra ncia Healy Clerk of the Council CITY COUNCIL MINUTES ~g~ MAY 18, 2009