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Home My WebLink About2008-12-15 Regular MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SANTA ANA, CALIFORNIA DECEMBER 15, 2008 CALLED TO ORDER Police Department Community Room 60 Civic Center Plaza Santa Ana, CA 6:25 P.M. ATTENDANCE: COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tem P. DAVID BENAVIDES 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 PLEDGE OF ALLEGIANCE MAYOR PULIDO ELECTION OF MAYOR PRO TEM Mayor Pulido called for nominations for the position of Mayor Pro Tem. Councilmember Benavides nominated Councilmember Alvarez, seconded by Councilmember Tinajero. Motion: Close nominations for position of Mayor Pro Tern. MOTION: Sarmiento SECOND: Tinajero VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSENT: None (0) The Mayor called for the vote on the nomination and announced that Councilmember Alvarez was elected to the position of Mayor Pro Tem by a unanimous vote. CITY COUNCIL MINUTES 320 DECEMBER 15, 2008 CLOSED SESSION REPORT - None PUBLIC COMMENT ON AGENDA ITEMS Mike Tardif spoke in opposition to the proposed appointment to the Planning Commission (Item 13A) and Tish Leon asked the Council to remove the Town Square Condominium Project from the proposed Community Management District (Item 55A) CONSENT CALENDAR Mayor Pulido announced the following modifications to the Consent Calendar: . Councilmember Benavides pulled item 13A for separate discussion MOTION: Approve staff recommendations on the following Consent Calendar items. MOTION: Bustamante SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) ADMINISTRATIVE MATTERS MINUTES MOTION: Approve minutes. (Items 10.A. through 10.D.) 10A Closed Session Meeting of December 1, 2008 10.B. Regular Meeting of December 1, 2008 10.C. Special Meeting Minutes of December 3, 2008 10.D. Special Meeting Minutes of December 7,2008 CITY COUNCIL MINUTES 321 DECEMBER 15, 2008 BOARDS/COMMISSIONS/COMMITTEES APPOINTMENTS 13.A. APPOINTMENT Mario Turner to the Planning Commission, nominated by Councilmember Benavides as the Ward 4 representative for a partial term expiring December 14, 2010. (Replaces De La Torre) MOTION: Continue the matter until January 5, 2009 City Council Meeting MOTION: Benavides SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) COMMITTEE REPORTS 13.B. COUNCIL COMMITTEE REPORTS Committee Name Public Safety Date 09/23/08 MISCELLANEOUS ADMINISTRATION 19.A. CLOSED SESSION REPORT - None 19.B. EXCUSED ABSENCES - None 19.C. COMMUNITY REDEVELOPMENT AGENCY ANNUAL REPORT FOR FY 2007 -2008 MOTION: CITY COUNCIL MINUTES 322 DECEMBER 15,2008 Receive and file the Community Redevelopment Agency Annual Report for FY 2007-2008 consisting of: 1. The Annual Audit Report as prepared by Macias Gini & O'Connell, LLP. 2. The Annual Report of Financial Transactions. 3. Housing and Community Development Report of Housing Activity of Community Redevelopment Agencies. 4. Annual Statement of Indebtedness. 5. All other information as required pursuant to California Redevelopment Law. 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 25.A.) 25.A. AGMT NO. 2008-337 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO 2008-29 - With Cherie Belle Kerr for the structure located at 2022 North Heliotrope Drive - Planning and Building Agency ""END OF CONSENT CALENDAR"" BUSINESS CALENDAR Mayor Pulido abstained on Item 55.A. due to the proximity of his business to the proposed project area, and he left the dais; Councilmember Sarmiento abstained on Item 55.A. because he represents a client in the proposed project area, and left the dais. Mayor Pro Tem Alvarez assumed the Chair. 55.A. RESOLUTION ESTABLISHING THE DOWNTOWN SANTA ANA COMMUNITY MANAGEMENT DISTRICT Matter set for public hearing at the October 6, 2008, Council Meeting by a vote of 5-2 (Sarmiento and Pulido abstained) Notice of public hearing and official ballots for Downtown Santa Ana Community Management District mailed on October 16, 2008 Public Hearing closed on December 1, 2008 City Council Meeting and matter continued by a vote of 5-0 (Pulido and Sarmiento abstained) CITY COUNCIL MINUTES 323 DECEMBER 15, 2008 MOTION: Adopt a resolution excluding the Town Square Condominium Project from the Downtown Santa Ana Community Management District RESOLUTION NO. 2008-078 - A resolution of the City Council of the City of Santa Ana establishing the Downtown Santa Ana Community Management District and Levying Assessments within such district pursuant to Article XX, Chapter 13 of the Santa Ana Municipal Code MOTION: Bustamante SECOND: Tinajero VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Tinajero (5) NOES: None (0) ABSTAIN: Pulido, Sarmiento (2) ABSENT: None (0) Mayor Pulido and Councilmember Sarmiento returned to the dais. Mayor Pulido assumed the Chair 55.B. PROPOSED AMENDMENT TO MANAGEMENT CLASSIFICATION AND COMPENSATION PLAN MOTION: Adopt a resolution. RESOLUTION NO. 2008-079 - A resolution of the City Council of the City of Santa Ana suspending the salary increase scheduled to be effective January 1, 2009 for classifications of employment designated as Unrepresented Executive Management (EM) MOTION: Alvarez SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Tinajero (5) NOES: None (0) ABSTAIN: Pulido, Sarmiento (2) ABSENT: None (0) CITY COUNCIL MINUTES 324 DECEMBER 15, 2008 PUBLIC COMMENTS ON ISSUES OF PUBLIC INTEREST Rob Cook raised concerns about the unavailability of the restrooms in the OCTA downtown bus center; Barry Duffin noted that he and several of his neighbors have received warnings from city personnel related to perceived code enforcement violations; Julie Stroud warned that the Council should not impose different code enforcement standards for different neighborhoods CITY MANAGER AND COUNCIL COMMENTS 90.A. CITY MANAGER'S COMMENTS - None 90.B. CITY COUNCILMEMBER COMMENTS Councilmember Tinaiero . Wished everyone a happy and safe holiday season Councilmember Benavides . Noted that here are many exciting events in Santa Ana including a ground breaking for a new exhibit at the Zoo and the annual Metrolink Holiday Train at the transportation center . Congratulated newly elected Mayor Pro Tem Claudia Alvarez Councilmember Bustamante . Reminded residents to do their Christmas shopping in Santa Ana Councilmember Martinez . Asked the City Council to adjourn in memory of Sal Huizar who was born and raised in Santa Ana and offered condolences to his family . Wished everyone a happy and safe holiday season Council member Sarmiento . Noted that there were over 6,000 participants at last weekend's Children's Holiday Party at the Zoo . Wished everyone a happy holiday season Mavor Pro Tem Alvarez . Thanked her colleagues for selecting her as Mayor Pro Tem for the next two years . Noted that there is still time for residents to donate toys for tots at any City fire facility Mayor Pulido . Wished everyone a happy holiday season CITY COUNCIL MINUTES 325 DECEMBER 15, 2008 ADJOURNMENT - 7:05 p.m. In Memory of Sal A. Huizar ~./~ ' . \ ~\te/I L . I &di: '1'1.\' Patricia E. He Iy' Clerk of the Council CITY COUNCIL MINUTES DECEMBER 15, 2008 326