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Home My WebLink About2009-07-20 RegularMINUTES OF THE CLOSED AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SANTA ANA, CALIFORNIA JULY 20, 2009 CALLED TO ORDER Police Chiefs Conference Room 60 Civic Center Plaza, 4th Floor Santa Ana, CA 5:37 P.M. ATTENDANCE CLOSED SESSION REGULAR MEETING PLEDGE OF ALLEGIANCE COUNCILMEMBERS Present: CLAUDIA ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ SAL TINAJERO ABSENT: MIGUEL PULIDO, Mayor VINCENT F. SARMIENTO STAFF Present: DAVID N. REAM, City Manager JOSEPH W. FLETCHER, City Attorney PATRICIA HEALY, Clerk of the Council Adjourned to the Police Community Room 60 Civic Center Plaza Santa Ana, CA 6:15 P.M. 6:17 P.M. COUNCILMEMBER MARTINEZ The City Attorney reported on the appointment of Clerk of the Council and adoption of resolution, and items related to Mohr, WCAB Case Nos. ANA 214485, 08 ANA 227646. See Item 19A for report. PUBLIC COMMENTS ON AGENDA ITEMS AND ON ISSUES OF PUBLIC INTEREST Edward Rosenthal commented on bus issues in the City; James Johnson, Martin Lopez, Paul Garcia, Vanessa Castillo, Carlos Amador, Abraham Medina, Adrian Gonzalez, CITY COUNCIL MINUTES 178 JULY 20, Z009 Francisco Bravo, Anthony Navarrette, Alfredo Amezcua, and Senator Lou Correa spoke in support of Item 55A. MINUTES CONSENT CALENDAR Motion: Approve staff recommendations on the following Consent Calendar items. MOTION: Benavides SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento, Tinajero, Pulido (3) ADMINISTRATIVE MATTERS Motion: Approve minutes. (Item 10A) 10A Regular Closed Session and Regular Meeting of July 6, 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 AN ORDINANCE REPEALING AND READOPTING CHAPTER 7 OF THE SANTA ANA MUNICIPAL CODE TO INCORPORATE THE MOST RECENTLY ENACTED FEDERAL MODEL FLOODPLAIN MANAGEMENT REGULATIONS Placed on first reading at the July 6, 2009 City Council meeting and approved by a vote of 6 -0 (Sarmiento absent) Published in the Orange County Reporter on July 10, 2009. Motion: Place ordinance on second reading and adopt. CITY COUNCIL MINUTES 179 JULY 20, 2009 ORDINANCE NO. NS -2789 - An ordinance of the City Council of the City of Santa Ana repealing and readopting Chapter 7 of the Santa Ana 14W Municipal Code updating the City's Floodplain Management Regulations to meet current federal requirements MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT Motion: 1. Adopt a Resolution: RESOLUTION NO. 2009 -038 - A resolution of the City Council of the City of Santa Ana appointing Maria D. Huizar as Clerk of the Council and establishing the compensation for said official. 2. Approve settlement: Mohr, WCAB Case Nos. 089 ANA 214485, 08 ANA 227646; Compromise and Release for $34,000. 19B EXCUSED ABSENCES %W Motion: Excuse the absence of Mayor Pulido and Councilmember Sarmiento from the July 20, 2009 City Council meeting. BUDGETARY MATTERS AGREEMENTS 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. (item 25A) 25A AGMT NO. 2009 -109 — MAINTENANCE SERVICES — Execute an amendment with Midori Gardens Inc. for a total annual contract amount not to exceed $650,000 — Public Works Agency * *END OF CONSENT CALENDAR ** CITY COUNCIL MINUTES 180 JULY 2u, zvua BUSINESS CALENDAR RESOLUTIONS 55A RESOLUTION SUPPORTING THE FEDERAL DREAM ACT Motion: Adopt a resolution. RESOLUTION NO. 2009 -039 — A resolution of the City Council of the City of Santa Ana endorsing the Federal Dream Act of 2009 MOTION: Martinez SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento, Pulido (2) COUNCIL RECESSED TO A JOINT SESSION BETWEEN CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY AT 7:08 P.M. 80A JOINT PUBLIC HEARING — GENERAL PLAN AMENDMENT NO. 2008- 02, AMENDMENT APPLICATION NO. 2008 -11, SITE PLAN REVIEW NO. 2009 -02 AND DISPOSITION AND DEVELOPMENT AGREEMENT WITH VISTA DEL RIO HOUSING PARTNERS, L.P. — 1600 WEST MEMORY LANE Filed by the Foundation for Affordable Housing, now known as Vista Del Rio Housing Partners, L.P., to allow 41 multiple residential units for persons with special needs that includes a general plan amendment from Open Space (OS) to Medium Density Residential (MR -15), a zoning amendment from Open Space (OS) to Specific Development No. 83 (SD- 83), site plan review and Disposition and Development Agreement for the property at 1600 West Memory Lane. Recommended action approved by the Planning Commission on March 9, 2009 by a vote of 6 -0 (Turner abstained). Recommended action approved by the Community Redevelopment and Housing Commission by a vote of 5 -0. CITY COUNCIL MINUTES 181 JULY 20, 2009 In FJ Legal notice published in the Orange County Reporter on July 6 and July 13, 2009 and notices mailed. Staff presentation by Cindy Nelson, Executive Director of Community Development Agency. Clerk announced receipt of one correspondence in support of the project. Gregory Mathes, David Yarden, and Deborah Willard, applicants, spoke in favor of this project. Public Hearing was closed. TINT •1 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2005- 42. 2. Adopt a resolution. RESOLUTION NO. 2009 -040 — 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. 2005 -42), Amending the General Plan of the City of Santa Ana to modify the Land Use Element (GPA No. 2008 -02) and approving Site Plan Review No. 2009 -02 3. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2790 — An ordinance of the City Council of the City of Santa Ana adopting Specific Development No. 83 (SD -83) and rezoning the property located at 1600 West Memory Lane from open space (0) to Specific Development No. 83 (SD -83 4. Authorize the City Manager to execute a loan agreement with Vista Del Rio Housing Partners, L.P. in an amount not to exceed $500,000, subject to non - substantive changes approved by the City Manager and City Attorney. A9wot Aloe A.— '4 t�6q °�1�{ 5. Adopt a resolution. RESOLUTION NO. 2009 -041 — A resolution of the City Council of Santa Ana making certain findings with respect to the consideration to be received by the Community Redevelopment Agency of the City of Santa Ana pursuant to a Disposition and Development agreement between the Community Redevelopment Agency of the City of Santa CITY COUNCIL MINUTES 182 JULY 20, 2009 Ana, and Vista Del Rio Housing Partners, L.P., a California Limited Partnership, for the sale of certain real property in the merged project area, and approving the sale of said real property upon the terms and conditions contained in that agreement 6. Authorize the City Manager to accept transfer of the .46 acre park site. MOTION: Tinajero SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento, Pulido (2) COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY AT 7:19 P.M. COUNCIL RECONVENED WITH ALL MEMBERS PRESENT. WORK STUDY SESSION WSA PROPOSED COMMUNITY GRAFFITI PROGRAM — POLICE DEPARTMENT, PLANNING AND BUILDING AGENCY, PUBLIC WORKS AGENCY, AND CITY ATTORNEY'S OFFICE Thomas Gordon, Jorge Aldolfo, Roya Fouladi, and Maggie Rodriguez commented on the proposed ordinance related to graffiti. Staff presentation by Will Hayes, Public Works Maintenance Manager, Jay Trevino, Executive Director, Planning and Building Agency, Paul Walters, Police Chief, and, Joe Fletcher City Attorney. Highlights of this presentation follow: • Mission of the Graffiti Task Force is to improve the quality of life for those who live, work and visit our City, by removing urban blight and effectively sharing resources by coordinating multi- agency efforts in the areas of eradication, enforcement, and education • Task Force comprised of staff from Public Works, Police, Parks and Recreation, Planning and Building, Community Development, City Attorney and the School Police. CITY COUNCIL MINUTES 183 JULY 20, 2009 0 • Task Force discusses new technologies for abatement, "hot Spots" that need attention, alternative resources for abatement, and police arrests and investigations • Approximately 5 million square feet of graffiti in the City • Over 170,000 stops made for removal • 30 -50 calls for service daily • 40 park facilities; 60 school facilities • 575 plus tagging crews in the City • Weekly abatement is done by City staff and contractor • Contractor handles weekends and holidays • $500 Graffiti Reward Program • City -wide volunteers assist staff and the contractor in removal • Added a color matching component to the abatement program • Developed graffiti removal standards • Graffiti mitigation guidelines established for new development projects • Targeted problem properties to mitigate potential for continued graffiti tagging • Developed list of graffiti prevention tactics for distribution • Objectives include: • PWA Court Referral Program • Program to distribute graffiti abatement kits to volunteers • Develop and implement procedures to expand program cost recovery • Investigate alternative graffiti analysis programs • Amend the City -wide design standards to include a section on graffiti prevention • City -wide Design Guidelines adopted in 2006 provide graffiti prevention measures for residential, commercial and industrial uses • Chapter 41 Code Amendment to include specific anti - graffiti landscaping requirements • Amend the City -wide Design Guidelines to include a chapter on graffiti mitigation • Two full time Graffiti Task Force Detectives • In 2008, 228 arrests were made by the Graffiti Task Force, 159 by Patrol Officers, and 102 arrests by school police • Restitution received: $42,301 • A Penal Code misdemeanor case results in 20 days of community service, $50.00 fine, Driver's License suspension, probation and restitution paid to the victim • A Penal Code felony case results in the same penalty as a misdemeanor with an increase in the fine to $100.00 and 20+ days of community service • Graffiti Tracker is an on -line database used to manage digital photos of graffiti taken throughout the City • Graffiti Tracker is used for data capture and analysis, and intelligence reporting. CITY COUNCIL MINUTES 184 JULY LV, cvua • Graffiti Tracker assists in clearing additional cases which results in more restitution for the City • Proposed ordinance would impose new penalties, establish trust fund, and also impose parental liability and liens `00, • State law permits cities to impose costs of abating graffiti the obligation of taggers and parents of minor taggers • City may also lien property of taggers and parents to collect restitution Following this presentation, Council discussion ensued. The City Attorney was instructed to return the proposed ordinance for Council consideration at the August 3, 2009 Council meeting. CITY MANAGER AND COUNCIL COMMENTS 90A CITY MANAGER'S COMMENTS - None 90B CITY COUNCILMEMBER COMMENTS Councilmember Tinaiero • Announced that it was his son Vincent's birthday today • Thanked everyone who attended the meeting to address the City Council Councilmember Benavides • Noted that his daughter's birthday is tomorrow • Asked the City Council to consider bringing Council meetings back to the Council Chambers on the 3rd Monday of each month Councilmember Martinez • Announced that the annual Zoofari event will be held at the zoo on August 22nd • Announced that the Wilshire Square Summer Concert will be held on Saturday Mayor Pro Tern Alvarez • Encouraged residents to call their state representatives in opposition to the budget "takes" from local government and special districts ADJOURNMENT — 8:33 P.M. Patricia Healy Clerk of the Council CITY COUNCIL MINUTES 186 JULY 20, 2009