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City of Santa Ana
Council Meeting Agenda
May 18, 2009
CLOSED SESSION
Police Chief’s Conference Room
th
60 Civic Center Plaza, 4 Floor
5:00 P.M.
REGULAR MEETING
Police Community Room
60 Civic Center Plaza
6:00 P.M.
Miguel A. Pulido
Mayor
Claudia AlvarezVincent F. Sarmiento
Mayor Pro Tem – Ward 5 Councilmember - Ward 1
Michele MartinezCarlos Bustamante
Councilmember - Ward 2 Councilmember - Ward 3
P. David Benavides Sal Tinajero
Councilmember - Ward 4Councilmember - Ward 6
Joseph W. FletcherDavid N. ReamPatricia E. Healy
City Attorney City Manager Clerk of the Council
NOTE:
If you need special assistance to participate in this Council meeting, contact, Mary Kelley, City ADA Program
Coordinator, at (714) 647-5340. Please call prior to the meeting to allow the City to make reasonable arrangements to
ensure accessibility to this meeting. (28 CFR 35.102) American Disabilities Act Title II)
BASIC CITY COUNCIL MEETING INFORMATION
CODE OF ETHICS AND CONDUCT
The people of the City of Santa Ana, at an election held on February 5, 2008, approved an
amendment to the City Charter of the City of Santa Ana which established the Code of Ethics and
Conduct for elected officials and members of appointed boards, commissions, and committees to
assure public confidence. A copy of the City’s Code can be found on the Clerk of the Council’s
webpage. The following are the core values expressed:
Integrity · Honesty · Responsibility · Fairness · Accountability · Respect · Efficiency
AGENDA DESCRIPTIONS
The agenda descriptions provide the public with a general summary of the items of business to be
considered by the Council. The Council is not limited in any way by the Recommended Action and
may take any action which the council deems to be appropriate on an agenda item. Except as
otherwise provided by law, no action shall be taken on any item not listed on the agenda. Late
materials received following the posting of the agenda will be available for viewing in the Council
meeting location during the session.
PUBLIC INPUT
Members of the public shall be given three (3) minutes to address the City Council on any and all
matters contained on the City Council agenda as well as the agendas of any of the City’s related
agencies scheduled at the same time; Members of the public shall also be given three (3) minutes to
address the City Council for each duly noticed hearing, unless the matter is continued prior to taking
public testimony; Following the conclusion of all agenda matters, members of the public shall be
provided three (3) minutes to address the Council on issues of public interest within the subject matter
jurisdiction of the City Council. All requests to speak shall be submitted in writing by submitting a
speaker card to the Clerk of the Council. No requests to speak shall be accepted after the public
comment session begins without permission of the presiding officer.
CONSENT CALENDAR
All matters listed under the consent calendar are considered to be routine by the City Council and will
be enacted by one motion without discussion unless a member of the Council “pulls” an item(s) from
the consent calendar for a separate vote.
TELEVISED MEETING SCHEDULE
All regular Council meetings will be televised and available for viewing on the City’s web page live or
taped delayed. Meetings held in the Council Chamber or other designated locations which are
televised live on CTV3 Time Warner Cable will be cablecast Mondays at 6:00 p.m., Tuesdays
immediately following the Council meeting at 9:00 a.m., Wednesdays at 6:00 p.m., and Sundays at
1:00 p.m. Meetings held in locations that do not have a live cable feed will be videotaped and shown
on CTV3 and the City’s website one day following the Council meeting.
DVD copies of the Council meetings for loan will be available for public circulation at the Santa Ana
Main Library the day after the Council meeting.
AGENDA & MINUTES
Staff reports and documents relating to each agenda item are on file in the Office of the Clerk of the
Council and are available for public inspection during regular business hours, 8:00 a.m. – 5:00 p.m.,
Monday through Friday. The Clerk’s office is located in City Hall, 20 Civic Center Plaza, Room 809,
Santa Ana, California, (714) 647-6520. Council meeting agendas, staff reports, and minutes are
available the Friday before a Council meeting at the following website address: www.santa-ana.org
CITY COUNCIL AGENDA 2 MAY 18, 2009
CITY OF SANTA ANA
CITY COUNCIL MEETING
MAY 18, 2009
CALL TO ORDER 5:00 P.M.
CLOSED SESSION
(See Separate Agenda for Closed Session
Items)
REGULAR MEETING 6:00 P.M.
CALL TO ORDER
MAYOR PULIDO
COUNCILMEMBERS ALVAREZ, BENAVIDES,
BUSTAMANTE, MARTINEZ, TINAJERO,
SARMIENTO
PLEDGE OF ALLEGIANCE
MAYOR PULIDO
CLOSED SESSION REPORT
(The City Attorney will report items to be added to the Consent Calendar from the Closed
Session meeting).
PUBLIC COMMENT ON AGENDA ITEMS
Prior to consideration of the consent and business calendars on the agenda, the
public will be given the opportunity to speak on any and all items on the agenda.
All requests to speak shall be submitted in writing to the Clerk of the Council.
Speaker forms will be available at the meeting.
REQUESTS TO SPEAK SHALL NOT BE ACCEPTED AFTER THE PUBLIC COMMENT
SESSION BEGINS WITHOUT PERMISSION OF THE PRESIDING OFFICER. Members
of the public shall be given a total of three (3) minutes to address the City Council
on any and all matters contained on the City Council agenda.
CONSENT CALENDAR
CONSENT CALENDAR
Recommended Action:
Approve staff recommendations on the following Consent Calendar
items.
ADMINISTRATIVE MATTERS
CITY COUNCIL AGENDA 3 MAY 18, 2009
MINUTES
Recommended Action:
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
following 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
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
Recommended Action:
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
Recommended Action:
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
CITY COUNCIL AGENDA 4 MAY 18, 2009
19A CLOSED SESSION REPORT
19B EXCUSED ABSENCES
19CDESTRUCTION OF OBSOLETE CITY RECORDS
Recommended Action:
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)
BUDGETARY MATTERS
AGREEMENTS
Recommended Action:
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. (Items 25A through 25C)
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
25B AGMT - 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
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
CITY COUNCIL AGENDA 5 MAY 18, 2009
Recommended Action:
1. Approve and adopt the Mitigated Negative Declaration and
Mitigation Monitoring Plan, Environmental Review No. 2006-142
2. Adopt a resolution.
RESOLUTION – 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)
75B PUBLIC HEARING – ZONING ORDINANCE AMENDMENT NO. 2009-04,
AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2005-02,
CONDITIONAL USE PERMIT NO. 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
Motion:
Staff recommended that the Planning Commission:
1. Adopt a resolution.
RESOLUTION – 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 a reduction in
the required parking for the property located at 6 East MacArthur Place
CITY COUNCIL AGENDA 6 MAY 18, 2009
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
JOINT SESSION BETWEEN CITY COUNCIL AND
THE COMMUNITY REDEVELOPMENT AGENCY
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.
CITY COUNCIL
Recommended Action:
1. Adopt a resolution.
RESOLUTION – 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 the
attached management agreement with Downtown Inc. for the
management and implementation of Community Management District
funds for a five-year period ending December 31, 2014, subject to non-
substantive changes approved by the City Manager and City Attorney;
3. Authorize the City Manager and Clerk of the Council to execute the
attached loan agreement with Downtown Inc. and the City of Santa Ana,
subject to non-substantive changes approved by the City Manager and
City Attorney.
COMMUNITY REDEVELOPMENT AGENCY
Recommended Action:
Authorize the Executive Director and Agency Secretary to execute the
attached loan agreement with Downtown Inc. and the Community
CITY COUNCIL AGENDA 7 MAY 18, 2009
Redevelopment Agency, subject to non-substantive changes approved
by the Executive Director and Agency General Counsel.
WORK STUDY SESSION
WSA FISCAL YEAR 2009-2010 CITY BUDGET OVERVIEW – FINANCE AND
MANAGEMENT SERVICES AGENCY
25C AGMTS – PARK LANDSCAPE MAINTENANCE SERVICES – Parks,
Recreation, and Community Services
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 Merchants Landscape Services to provide park landscape maintenance
services in District 2 in an annual amount not to exceed $682,770, and
approve a 15% contingency for unanticipated work for a total annual amount
not to exceed $787,045
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
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.
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:
Adopt a resolution.
CITY COUNCIL AGENDA 8 MAY 18, 2009
RESOLUTION – A resolution of the City Council of the City of Santa Ana to
amend Resolution No. 82-110 to add two new full time classification titles to
the City’s Basic Classification and Compensation Plan, and to amend the
current annual budget to reallocate three positions in the Parks, Recreation
and Community Services Agency
PUBLIC COMMENTS ON ISSUES OF PUBLIC INTEREST
Members of the public shall be provided three (3) minutes to address the City
Council on issues of public interest within the subject matter jurisdiction of the
City Council. When speaking, all persons addressing the City Council shall follow
the rules of decorum as detailed on the back of the speaker form. The presiding
officer shall have the power and responsibility to enforce decorum and order of the
meeting as set forth in Section 2-104(c) of the Santa Ana Municipal Code.
DEADLINE TO SUBMIT REQUEST TO SPEAK - NO REQUESTS TO SPEAK SHALL
BE ACCEPTED AFTER THE PUBLIC COMMENT SESSION BEGINS WITHOUT
PERMISSION OF THE PRESIDING OFFICER.
CITY MANAGER AND COUNCIL COMMENTS
90A CITY MANAGER’S COMMENTS
90B CITY COUNCILMEMBER COMMENTS
ADJOURNMENT
CITY COUNCIL AGENDA 9 MAY 18, 2009