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Home My WebLink About03-06-1989 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA MARCH 6, 1989 The meeting was called to order at 4:25 p.m. in Room 423, City Hall, 20 Civic Center Plaza, by Mayor Pro Tem John Acosta. Councilmembers present were Ron May, Patricia A. McGuigan, and Miguel A. Pulido. Also present were City Manager David N. Ream, City Attorney Edward J. Cooper and Clerk of the Council Janice C. Guy. Councilmember Daniel E. Griset joined the meeting at 4:55 p.m. Mayor Dan Young was absent. COUNCIL STUDY SESSION BUDGET UPDATE Deputy City Manager Jan Perkins reviewed the contents of a report dated March 6, 1989 regarding the proposed 1989-90 budget. She indicated revenues were projected at approximately $2.5 million less than projected expenditures, and explained the administration planned to eliminate that deficit through the establishment of a Lighting and Landscaping Assessment District. Perkins explained several of the factors which were responsible for contributing to the anticipated shortfall in revenues including such items as the loss of General Revenue Sharing funds, the comnitment to increase Police and Fire staffing, and the fact that on a percentage basis, salary increases had out paced revenues. She also discussed several programs planned for the near future, and responded to Councilmembers' specific questions. AIR QUALITY MANAGEMENT PLAN Barbara Sullivan, Southern California Association of Governments (SCAG), showed a slide presentation to Council delineating projected growth in population and attendant increases in air pollution, and reviewed seven major measures recon~nended by SCAG to decrease emission pollutants. She indicated such decreases were necessary to comply with Environmental Protection Agency requirements. Carolyn Green, Southern California Air Quality Management District, briefly rebutted the "myths" which had arisen with respect to the Air Quality Management Plan proposed by the District, indicating that clean air and economic vitality were not mutually exclusive. She also reviewed the schedule for adoption of the Plan, and discussed several innovative technologies and methods proposed to reduce pollution. Both Ms. Sullivan and Ms. Green responded to Councilmembers' questions, and stressed the need for local government involvement in the formation of the Air Quality Management Plan. CITY COUNCIL MINUTES 55 MARCH 6, 1989 CONSENT CALENDAR REVIEW Councilmembers discussed concerns with respect to Consent Calendar items. RECESSED TO DINNER - ROOM 831 - 5:26 P.M. RECONVENED - COUNCIL CHAMBERS - 7:03 P.M. - All Councilmembers present except Mayor Young. PLEDGE OF ALLEGIANCE PRESENTATIONS Proclamation recognizing the "Mater Dei High School Special Olympics Track and Field Meet" presented by COUNCILMEMBER McGUIGAN to Linda Hartsough, Meet Director. Proclamation recognizing outstanding academic and athletic achievement presented by COUNCILMEMBER PULIDO to Jimmy Rodriguez, Santa Aha Valley High School student. Proclamation declaring March 12-18, 1989, as "Girl Scout Week" presented by COUNCILMEMBER GRISET to Girl Scout representatives and Dan and Sandy Mohr and Laima Boyd. Governor's Trophy for the City's float "Celebrate Our Spirit" presented by Tournament of Roses Executive Secretary Bob Cheney to MAYOR PRO TEM ACOSTA. Cheney announced that although the City of Santa Aha would not have a float in the 1990 Rose Parade, the City would be represented by the Santa Ana Winds. The Winds under the direction of Bob Ward rendered a rousing musical rendition of "Strike Up The Band." Mayor Pro Tem Acosta presented certificates of recognition to members of the Rose Parade Advisory Committee. CONSENT CALENDAR The Mayor Pro Tem announced the following changes with respect to the Consent Calendar: l) Continuation of Item No. 8.A. to March 20, 1989. 2) Removal of Item 20.B. for separate discussion and action. CITY COUNCIL MINUTES 56 MARCH 6, 1989 MOTION: 3) Registration of an abstention by Councilmember Griset on Item 21.C. due to a conflict of interest. Approve Consent Calendar items: MOTION: McGuigan SECOND: May VOTE: AYES: Acosta, Griset, May, McGuigan, Pulido NOES: None ABSENT: Young MINUTES MOTION: 1.A. Approve Minutes. Regular Meeting of February 21, 1989 BID CALLS/REQUESTS FOR PROPOSALS MOTION: Approve plans and specifications and authorize advertisement for bids. 2oA. WATER MAIN REPLACEMENT ON FLOWER STREET BRIDGE AT SANTIAGO CREEK - Public Works Agency. PROJ 3138 2.Bo SIDEWALK REPLACEMENT IN HENINGER PARK (PHASE III) - Public Works Agency. PROJ 7857E/g142E/9147 BID AWARDS MOTION: Award as recommended in Request for Council Action. a.A. STREET TREE TRIMMING ON VARIOUS STREETS WEST OF BRISTOL (PHASE III) - To West Coast Arborists in the amount of $59,984.00 - Public Works Agency. PROJ 2152 CHANGE ORDERS MOTION: Approve. 4.Ao CHANGE ORDER 1 - HARBOR BOULEVARD EMERGENCY REPAIR OF PAVEMENT; increasing in the amount of $9,666.40 {50.3%) of original award. PROJ 3056 ALCOHOLIC BEVEP~AGE CONTROL LICENSE APPLICATIONS MOTION: Receive and file reports. VARGAS, Juan and Christina - "Conasupo Market" - 610 E. First St., Original, type 20 Off-sale beer and wine. Police: Protest due to above-average crime rate. Planning: Conditional Use Permit required. CITY COUNCIL MINUTES 57 MARCH 6, 1989 5.0, 5oDo 5oEo YOUNG, David L. - "Dave's Diner" - 3705 S. Bristol, Person-to-person transfer, type 41 On-sale beer and wine, public eating place. Police: No protest. Planning: No action required. LADD LIQUORS, INC. - "Ronn's Market" - 425 N. Euclid, Person-to-person transfer, type 21 Off-sale general. Police: No protest. Planning: No action required. JOHNSON, Scott E. - "Johnson's AM/PM Mini Market" - 1222 E. First, Person-to-person transfer, type 20 Off-sale beer and wine. Police: No protest. Planning: No action required. NGUYEN, Peter and Thuan - "T.D. Beer & Wine Mini Market & Deli" 5425 W. First, #A, Person-to-person transfer, type 20 Off-sale beer and wine. Police: No protest. Planning: No action required. FILE 405 CONDITIONAL USE PERMIT/VARIANCES/PARKING WAIVER MOTION: Continue at request of the applicant to March 20, 1989. 8oAo VA 89-1 - Filed by Santa Ana Racquetball World to permit a 53,812 square foot addition with a parking deficiency for an existing facility located at 1901 E. First Street in the C5 District. Staff recommendation: APPROVAL. Planning Commission Action: APPROVAL. FILE 625.45 AGREEMENTS MOTION: Authorize the City Attorney to prepare and the Mayor and Clerk to execute agreements. 12.A. AGREEMENT A-89-Oll - BETWEEN THE CITY OF SANTA ANA AND BARRISTER BUILDING - Lease of office space at 217 N. Main Street for the Clerk of the Council Records Division in the monthly amount of $1,174.19 - Community Development Agency. FILE 135 12.B. AGREEMENT A-89-012 - BETWEEN THE CITY OF SANTA ANA AND THE SANTA ANA UNIFIED SCHOOL DISTRICT - For design and construction of temporary facilities at Garfield Elementary School in an amount not to exceed $650,000.00 - Community Development Agency. FILE 615.48 12.C. AGREEMENT 89-013 - BETWEEN THE CITY OF SANTA ANA AND THE COUNTY OF ORANGE - For crime lab services during the period March 3, 1989 through June 30, 1990 in the annual amount of $222,856.00. FILE 715 CITY COUNCIL MINUTES 58 MARCH 6, 1989 BOARDS/CO~ISSIONS/COM)4ITTEES 13.A. REAPPOINTMENTS MOTION: Reappoint. Douglas Thomsen, 2520 N. Valencia, recommended by COUNCILMEMBER GRISET as the Ward 5 representative to the Housing Advisory Commission for a second full term to expire November 30, 1992. FILE llO.15 Sarah J. Shaw, 1746 W. Camile Pl., recommended by COUNCILMEMBER GRISET as the Ward 5 representative to the Human Relations Commission for a first full term to expire November 30, 1992. FILE llO.15 Larry Cooper, 2713 N. Lowell, recommended by COUNCILMEMBER GRISET as the Ward 5 representative to the Personnel Board for a second full term to expire November 30, 1992. FILE llO.15 Glen Stroud, 1617 W. Santa Clara, recommended by COUNCILMEMBER GRISET as the Ward 5 representative to the Recreation and Parks Commission for a first full term to expire November 30, 1992. FILE llO.15 13.B. CITY CENSUS COMMITTEE (AD HOC) MOTION: Appoint the following for the term April 3, 1989 through June 30, 1990 as representatives on a 1990 Census Complete Count Committee: Name Organization Dave Allen John Amador James Blataric John Connelly Guillermo Cordova Joseph D'Alessandro Monsig. Wilbur Davis Pastor Dan de Leon Tony Doan Frank Dominguez Mary Douglas Rudy Navarette Hector Godinez Colleen Gray Frank Castillo Dorothy Harper George Heaney Rifka Hirsch Cora Jackson Father Joseph Justice Vora Huy Kanthoul Dave Kramer' John Lands Undesignated Southern California Gas Company Elks Lodge Kiwanis of Santa Aha Delhi Community Center St, Joseph Church Templo Calvario Vietnamese Community of Orange United W~y of Orange YWCA E1 Toro Meat Market U.S. Post Office Casa Guadalupe LINKS Cambodian American Community St. Anne's Church United Cambodian Community Orange County Rescue Mission Lao Family Community CITY COUNCIL MINUTES 59 MARCH 6, 1989 Nativo Lopez Connie Majors Irene Martinez-Griffith John Martino Patricia McElroy Susan McElroy Pastor John McReynolds Mike Metzler Fred V. Munoz John Nixon Thelma Paige Darwin Reinglass Ramon Reza Edward Salcedo Undesignated Tuon Sary Father Jaime Soto Undesi9nated Jim Sumrow Dorothy Thomas Alice Thompsa Undesignated Martha Winslow Jerry Zelenka Hermandad Mexicana Nacional PTA Councils MANA St. Barbara's Church Black Ministerial Alliance Santa Ana Chamber of Con~nerce Hispanic Chamber of Commerce Silhouette Club Santa Ana Unified School District Santiago Club Cambodian American Conmnunity Catholic Charities, OC. Diocese Southwest Comunity Center Southern California Edison United Samoan Organization Episcopal Service Alliance Girl Scout Council of Orange County FILE 110.15 UNINVESTIGATED LIABILITY CLAIMS MOTION: Refer to administration. 14.A. Claims received from February 13, 1989 to February 24, 1989. FILE 415 CLERK OF THE COUNCIL REPORT MOTION: Instruct Clerk to enter into the Minutes. 15.A. Pursuant to Government Code Section 54954.2, the February 21, 1989, City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 3:45 p.m. on February 15, 1989. CONTINUE NOTION: 17.A. ITEMS Continue to March 20, 1989, at request of staff. CALIFORNIA WAVE RESTAURANT REPORT FILE 405 CITY COUNCIL MINUTES 60 MARCH 6, 1989 NON-CATEGORIZED ITEMS 19.A. SECTION 8 RENTAL ASSISTANCE PROGRAM - ADDITIONAL HOUSING VOUCHERS MOTION: Approve and authorize execution by Mayor. Letter communicating the City's approval of the Santa Aha Housing Authority's application to the U.S. Department of Housing and Urban Development (HUD) for up to 25 additional housing vouchers under the Section 8 Housing Assistance Program. FILE 621 LEGISLATIVE A~;TIONS/FEDERJkL AND STATE 20.A. 1989 LEGISLATIVE PROGRAM MOTION: Approve; and authorize. Legislative program; and direction by the Legislative Operations Conmittee to staff to contact federal, state and local officials on the issues specified. FILE 120 20.B. SENATE BILL 292 (ROBERTI) AND ASSEMBLY BILL 357 (ROOS) - Removed for separate discussion and action. (See Minutes page 62.) ORDINANCES SECOND READING/IMPLEMENTATION RESOLUTIONS VOTES IN THIS CATEGORY MAY DIFFER FROM THE VOTE ON THE CONSENT CALENDAR. THE DECISION ON THESE ITEMS WAS MADE AT A PREVIOUS COUNCIL MEETING AND THE VOTE CARRIED FORWARD. IF A COUNCILMEMBER WAS ABSENT AT THE PREVIOUS MEETING, BUT IS PRESENT FOR THIS MEETING AND DOES NOT DECLARE OTHERWISE, HIS/HER VOTE WILL BE RECORDED AS AFFIRMATIVE. ABSENCES AT THIS MEETING WILL BE RECORDED AS SUCH. MOTION: Place ordinances on second reading and adopt. 21.A. BUSINESS LICENSE TAX AMENDMENTS (Placed on first reading on February 21, 1989, by unanimous vote. ORDINANCE NS-2000 - An Ordinance of the City of Santa Ana Amending Sections 21-3, 21-7 and 21-119 of the Santa Ana Municipal Code Relating to Business License Tax. FILE 315 21.B. LIBP~ARY ORDINANCE (REVISION) Placed on first reading on February 21, 1989, by unanimous vote. ORDINANCE NS-2001 - An Ordinance of the City of Santa Ana Amending Sections 2-600, 2-603, 2-604, and 2-607; Repealing Sections 2-602, 2-605, 2-606, 2-608 and 2-609; and Adding Article XV to Chapter 13 of the Santa Ana Municipal Code Relating to the Santa Aha Library. FILE 210 CITY COUNCIL MINUTES 61 MARCH 6, 1989 21.C. AMENDMENT APPLICATION lO19 {Placed on first reading on February 21, 1989, by unanimous vote with Griset absent due to conflict of interest.) ORDINANCE NS-2002 - An Ordinance of the City of Santa Ana Rezoning Certain Property Located at 3328 West First Street from the SD {Specific Development) District to the PRD/SD {Planned Residential Development/Specific Development) District and Adopting Specific Development Plan No. 49. (COUNCILMEMBER GRISET REGISTERED AN ABSTENTION.) FILE 625.05 *****END OF CONSENT CALENDAR***** LEGISLATIVE ACTIONS/FEDERAL AND STATE 20.B. SENATE BILL 292 {ROBERTI) AND ASSEMBLY BILL 357 (ROOS) Mel Aston, 806 S. Ross; Miles Leach, 2026 W. Tenth; and Robin Anderson, 2243 S. Grand, urged the Council to oppose Senate Bill 292 and Assembly Bill 357 relating to assault weapons control. MOTION: Declare support for and direct staff to notify appropriate legislative representatives of the City's position. SB 292 and AB 357, proposed legislation relating to assault weapons control. MOTION: McGuigan SECOND: Pulido VOTE: AYES: NOES: ABSENT: Acosta, Griset, May, McGuigan, Pulido None Young FILE 450 RESOLUTIONS 35.A. PERSONNEL CLASSIFICATION AND COMPENSATION AMENDMENTS MOTION: Adopt resolution. RESOLUTION 89-21 - A Resolution of the City Council of the City of Santa Aha Amending Resolution No. 82-110 to Add the New Class Title of Parking Meter Technician and Change the Existing Class Title and Salary for Assistant Emergency Preparedness Coordinator. MOTION: McGuigan SECOND: May VOTE: AYES: NOES: ABSENT: Acosta, Griset, May, McGuigan, Pulido None Young FILE 505 CITY COUNCIL MINUTES 62 MARCH 6, 1989 35.B. MOTION: AIR QUALITY MANAGEMENT PLAN Adopt resolution. RESOLUTION 89-22 - A Resolution of the City Council of the City of Santa Ana, Directing the Representative of the Cities of Orange County on the Board of the South Coast Air Quality Management District to Vote Against the Adoption of the Air Quality Management Plan. MOTION: McGuigan SECOND: Pulido VOTE: AYES: NOES: ABSENT: Acosta, Griset, May, McGuigan, Pulido None Young FILE 1000 35.C. MOTI ON: ARTERIAL FUNDING - ORANGE COUNTY UNIFIED TRANSPORTATION TRUST {OCUTT) PROGRAM FISCAL YEAR 1989-90 Adopt resolution. RESOLUTION 89-23 - A Resolution of the City Council of the City of Santa Aha Requesting the Orange County Transportation Commission to Allocate Orange County Unified Transportation Trust Funds (OCUTT) for the Improvement of City Arterials, and Authorizing the Executive Director of the Public Works Agency to Submit an Application and to Execute an Agreement for the Use of Such Funds on Behalf of the City of Santa Ana. MOTION: Pulido SECOND: May VOTE: AYES: NOES: ABSENT: Acosta, Griset, May, McGuigan, Pulido None Young FILE 1025 35 .D. MOTION: PARKING RESTRICTIONS ON HARBOR BOULEVARD Adopt resolution. RESOLUTION 89-24 - A Resolution of the City Council of the City of Santa Aha Prohibiting the Stopping of Vehicles on Harbor Boulevard Between Westminster and Warner Avenue During the Hours from 4:00 p.m. to 9:00 a.m. MOTION: McGuigan SECOND: Pulido VOTE: AYES: NOES: ABSENT: Acosta, Griset, May, McGuigan, Pulido None Young FILE 1030 CITY COUNCIL MINUTES 63 MARCH 6, 1989 APPROPRIATION ADJUSTMENTS/COMBINED ITEMS 60.A. APPROPRIATION ADJUSTMENT 142 - SPECIAL ELECTION APRIL 4, 1989 MOTIO#: Approve. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT 142 - Transferring $120,000.00 from account ll-999-General Fund Revenue to account ll-022-291-Clerk of the Council Election. MOTION: McGuigan SECOND: Pulido VOTE: AYES: Acosta, Griset, May, McGuigan, Pulido NOES: None ABSENT: Youn9 FILE 310.05 145 RECESSED TO HOUSING AUTHORITY - 7:46 P.M. RECONVENED IN COUNCIL CHAMBERS - 7:53 P.M. - All Councilmembers present except Mayor Young. PUBLIC HEARINGS 75.A. CUP 88-5 - 1900 SOUTH MAIN STREET Conditional Use Permit 88-5 would allow the off-site sale of beer and wine at an existing grocery store at 1900 S. Main. Recommended for denial by the Planning Commission on January 23, 1989 by the following vote: AYES: Casteix, Uno, Miller, Spevacek, Sizemore NOES: None ABSENT: Godinez, Chavez-Gomez The City Council set the matter for public hearing on February 6, 1989, by unanimous vote with Griset absent. Legal Notice mailed February 10, 198g. The Mayor Pro Tem explained that the applicant had had an accident and would not be able to be present. He requested the Council continue the hearing with respect to Conditional Use Permit 88-5. NOTION: Continue hearing to March 20, 1989. MOTION: Pulido SECOND: May VOTE: AYES: Acosta, Griset, May, McGuigan, Pulido NOES: None ABSENT: Young FILE 625.15 CITY COUNCIL MINUTES 64 MARCH 6, 1989 75.B. GENERAL PLAN AMENDMENT 89-1 - AMENDMENT APPLICATION 1023 - SPECIFIC DEVELOPMENT PLAN SD-50 - TENTATIVE TRACT MAP 13904 Proposed General Plan Amendment 89-1 would redesignate property located at 811-821 S. Euclid from the LR {Low Residential) District to MR {Medium Density Residential) District. Amendment Application No. 1023 would rezone the property from R1 {Single Family Residence) to Planned Residential Development/Specific Development District No. 50 to permit the construction of a proposed residential tract containing 17 single-family lots. Tentative Tract Map 13904 would subdivide the 1.67 acre parcel into 17 separate parcels. Recommended for approval by the Planning Commission on February 13, 1989, by the following vote: AYES: NOES: ABSENT: Godinez, Casteix, Uno, Chavez-Gomez, Spevacek, Sizemore, Miller None None Legal Notice published in the Register and mailed February 24, 1989. 7:54 P.M. - Councilmember Griset indicated that he had a Conflict of l'~-t'~'~--regarding General Plan Amendment 89-1, Amendment Application 1023, Specific Development Plan SD-50 and Tentative Tract Map 13904, and excused himself from the meeting. The Mayor Pro Tem opened the public hearing at 7:54 p.m. Presentation of Staff report, Planning Commission recommendation and staff comments by: Tom Childress, Associate Planner Presentation of written communications by the Clerk of the Council: None Jon Bassman, architect for the project, and Frank DeLuna, 18019 Skypark Circle #E, Irvine, spoke in favor of General Plan Amendment 89-1, Amendment Application 1023, Specific Development Plan SD-50 and Tentative Tract Map 13904. Pat Mill, 617 S. Starboard, and Vicki McGuinness, 814 S. Flintridge, spoke in opposition to General Plan Amendment 89-1, Amendment Application 1023, Specific Development Plan SD-50 and Tentative Tract Map 13904. The Mayor Pro Tem closed the public hearing at 8:09 p.m. MOTION: l) Adopt resolution. RESOLUTION 89-25 - A Resolution of the City Council of the City of Santa Ana Amending the Land Use Element of the General Plan {GPA 89-1). 2) Approve and file Negative Declaration and place the following ordinance on first reading and authorize publication of title: CITY COUNCIL MINUTES 65 MARCH 6, 1989 ORDINANCE NS-2003 - An Ordinance of the City of Santa Ana Rezoning Certain Property Located at 811-821 S. Euclid Street from the R1 (Single-Family Residential) District to the PRD/SD (Planned Residential Development/Specific Development) District and Adopting Specific Development Plan No. 50. 3) Find that the proposed subdivision and the provisions for design and improvements are consistent with the General Plan; and approve subject to conditions in the Planning Director's report, and the additional condition that the applicant construct a six-inch thick decorative slump-stone retaining wall on all property lines six foot above the highest finished grade. ITract Map 13904) MOTION: McGuigan SECOND: May VOTE: AYES: NOES: ABSENT: Acosta, May, McGuigan, Pulido None Griset, Young FILE 625.20 625.05 625.30 RECESSED - 8:21 P.M. RECONVENED - 8:38 P.M. - All Councilmembers present except Mayor Young. 75.C. ABANDONMENT 88-A9 Proposal to abandon an unimproved alley west of Main Street from Edinger to Pomona. Recommended for approval by the Planning Commission on January 9, 1989, by the following vote: AYES: NOES: ABSENT: Godinez, Uno, Spevacek, Sizemore, Miller None Chavez-Gomez, Casteix Legal Notice published in the Register on February 17, and February 24, 1989. The Mayor Pro Tem opened the public hearing regarding Abandonment 88-A9 at 8:38 p.m. Presentation of staff comments by: Cindy Nelson, Executive Director, Community Development Agency Presentation of written communications by the Clerk of the Council: None Marcelo Doffo, 1606 S. Main, and Luis Mendoza, 19592 Marcy Drive, spoke in favor of Abandonment 88-A9. CITY COUNCIL MINUTES 66 MARCH 6, 1989 There were no other speakers on the matter. The Mayor Pro Tem closed the public hearing at 8:43 p.m. MOTION: Adopt resolution. RESOLUTION 89-26 - A Resolution of the City Council of the City of Santa Ana Vacating an Alley in the Block Bounded by Main, Sycamore and Pomona Streets and Edinger Avenue. MOTION: Pulido VOTE: AYES: NOES: ABSENT: SECOND: McGuigan Acosta, Griset, May, McGuigan, Pulido None Young FILE 1040.20 CO~4MENTS 90.A. PUBLIC COMMENTS Miles Leach, 2025 W. Tenth St., expressed disappointment that the Council had voted to support legislation regarding assault weapons control in spite of the public testimony in opposition to the proposed legislation, and dissatisfaction with the Councilmembers°representation of their constituents. The following persons spoke in favor of renewing the lease of Presidential Dogs, a hot-dog concession at the Regional Transportation Center: Farshad Alikhani, 1318 E. Second St., Bill Boose, 10532 Claussen, Garden Grove Irma Perales, Greyhound Lines, Inc. Martha Hernandez, Costa Mesa George Leo, Costa Mesa Anca Caban, owner of Cafe Express, a restaurant at the Regional Transportation Center, spoke in opposition to the renewal of the Presidential Dogs lease. Roslinda Fielder, 107 W. Buffalo, expressed concern regarding continuing problems with the owner of the Speaker Factory, a business adjacent to her property. The Police Chief indicated the Department was working with Mrs. Fielder to solve the problem. The following persons spoke regarding the proposed contract settlement with Comcast, and recommended the Council proceed slowly with respect to making a decision and defer the final decision regarding the cable contract until the Mayor was present: Coween Dickerson, 3941 S. Bristol #B-50 Doris Brown, 1404 Tustin #A-4 James McGuigan, 5642 Keelson CITY COUNCIL MINUTES 67 MARCH 6, 1989 90.B. CITY MANAGER COMMENTS The City Manager explained that a 30-day notice had been given to the hot- dog vendor on March 4, 1989, and that the Council had three options with respect to the hot-dog operation: l) To leave the notice in force. 2) To declare a moratorium allowing the operation to continue. 3) To instruct staff to work with a restaurant consultant to conduct a third-party analysis of food sales at the Regional Transportation Center site. Councilmembers briefly discussed the options suggested by the City Manager. Councilmember May indicated that no action would be taken with respect to the "hot-dog" item this evening due to the constraints of the Brown Act. RECESSED TO CLOSED SESSION - 9:45 P.M. - ROOM 147 The Clerk of the Council announced the Council was recessing to Closed Session pursuant to Government Code Section 54956.9(a) to confer with the City Attorney regarding pending litigation which had been initiated formally, and to which the City was a party, to wit: l) Cabrera vs. City of Santa Ana 2) Comcast vs. City of Santa Ana and City vs. Group W et al 3) Fialdini vs. City of Santa Ana; and pursuant to Government Code Section 54956.9(b)(1) regarding pending litigation of significant exposure. RECONVENED - 10:55 P.M. - All Councilmembers present except Mayor Young. CLOSED SESSION - ROOM 147 70.A. CLOSED SESSION REPORT - COUNCIL CHAMBERS MOTION: Authorize settlements as follows: 1) Claim 88-238 in the amount of $9,500.00 2) Cabrera vs. City of Santa Ana in the amount of $25,000.00 MOTION: McGuigan SECOND: Pulido VOTE: AYES: Acosta, Griset, May, McGuigan, Pulido NOES: None ABSENT: Young FILE 410.10 CITY COUNCIL MINUTES 68 MARCH 6, 1989 MOTION: Authorize the Mayor and Clerk to execute a third amendment to the franchise agreement for cable television system on a form dated March 6, 1989 in the matter of Comcast vs. City of Santa Aha, and City of Santa Ana vs. Group W et al. (A-89-O13A) MOTION: Griset SECOND: Pulido VOTE: AYES: NOES: ABSENT: Acosta, Griset, May, Pulido McGuigan Young FILE 425.05 ADJOURNMENT MOTION: Adjourn meeting at 11:07 p.m. MOTION: Griset VOTE: AYES: NOES: ABSENT: SECOND: Pulido Acosta, Griset, May, McGuigan, Pulido None Young ~)~nfce C. Guy Clerk of the Council CITY COUNCIL MINUTES 69 MARCH 6, 1989