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HomeMy WebLinkAbout01/07/1991 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JANUARY 7, 1991 The City Council of the City of Costa Mesa, California, met in regular session January 7, 1991, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by the Reverend Windell Jones, Church of Christ. ROLL CALL Council Members Present: Mayor Mary Hornbuckle Vice Mayor Sandra Genis Council Member Edward Glasgow Council Member Jay Humphrey Council Members Absent: Council Member Peter Buffa Officials Present: City Manager Allan Roeder Deputy City Manager/Develop- ment Services Donald Lamm City Attorney Thomas Kathe Public Services Director William Morris City Clerk Eileen Phinney MINUTES On motion by Vice Mayor Genis, seconded by Mayor December 3 and Hornbuckle, and carried 4-0, the minutes of the regular 17, 1990 meetings of December 3, 1990, and December 17, 1990, were approved. ORDINANCES A motion was made by Vice Mayor Genis, seconded by Council Member Humphrey, and carried 4-0, to read all ordinances by title only. ORAL COMMUNICATIONS Janice Davidson, 1982 Arnold Avenue, Costa Mesa, heard that the Costa Mesa Job Center was being moved from Job Center 17th Street and Placentia Avenue to Rea Community Center. Mayor Hornbuckle advised Ms. Davidson that the lease at the present location was renewed recently. West Side Phil Morello, 592 Hamilton Street, Costa Mesa, spoke Clutter about the rundown appearance of Hamilton Street because of abandoned shopping carts and a couch which has been there since October. He reported that another couch has been abandoned on Wallace Street and has been there for some time. Mr. Morello did concede that the number of abandoned carts has decreased. Mayor Hornbuckle requested staff to investigate this problem. Sid Soffer, 900 Arbor Street, Costa Mesa, suggested that the City's special trash pickup program be held twice a year, instead of once. Fairview Road Sid Soffer stated that he has noticed an improvement in Traffic Signals the synchronization of traffic signals on Fairview Road. Increased Rates Carl Bureman, 447 Princeton Drive, Costa Mesa, spoke for Cable TV about the latest cablevision rate increase, stating that Copley/Colony Cablevision deceptively refers to it as a franchise tax increase, which it is not. The City Manager reported that the existing franchise fees have been in effect since 1985, and that Copley/ Colony has been advised of the City's concern. He l h f stated that the City Attorney has been requested to provide a legal opinion. CONSENT CALENDAR The following items were removed from the Consent Calen- dar: Item 5, Agreement with Ronald Fream Design Group for golf course improvements; Item 8, Purchase of radio equipment from sole source vendor, -Motorola Communica- tions and Electronics; Item 9, Purchase of data radios and a data transceiver from sole source vendor, Motorola Communications and Electronics; and Item 10, Purchase of radar units from sole source vendor, Kustom Electronics. On motion by Vice Mayor Genis, seconded by Council Member Humphrey, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Buffa READING FOLDER On motion by Vice Mayor Genis, seconded by Council Member Humphrey, and carried 4-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Mark Blucker; Karie M. Garcia; Pete A. Ochoa; Ernest B. Russell III; Frank Sierra, Jr.; Josephine Vinsel; Karol Dawn Von Poederoyen; and Kenneth Raymond Widlowski. Alcoholic Alcoholic Beverage Licenses for which parking has been Beverage approved by the Planning staff: Randolph Baker, Licenses Incorporated, doing business as The Huddle, 741 Baker Street; and James J. and Mattie D. Anderson, doing business as Donatelli's, 2230 Fairview Road. Public Utilities Notice that Application No. 90-12-018 was filed with Commission the Public Utilities Commission by Southern California Edison Company, U,338 -E, for authority to increase its authorized level of base rate revenue. VUdRANT On motion by Vice Mayor Genis, seconded by Council Member Humphrey, Warrant Resolution 1484, including Pay - MOTION roll 9026, was approved by the following roll call vote: Warrant 1484 AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Approved Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Buffa CLAIM/Lisi On motion by Vice Mayor Genis, seconded by Council Member Humphrey, and carried 4-0, authorization was MOTION/Settlement given to settle the claim from Jayne Lisi for $9,000.00 Authorized as recommended by the Risk Manager. ADMINISTRATIVE One bid received for Bid Item 907, Revision A, Install ACTIONS Concrete Golf Cart Paths, is on file in the Clerk's office. A motion was made by Vice Mayor Genis, seconded Bid Item 907-A by Council Member Humphrey, to award the contract to Golf Cart Paths J. Larry Creswell, doing business as L & D Grading and Equipment Rentals, 14855 Faceta Drive, La Mirada, for MOTION $80,539.50. The motion carried by the following roll Awarded to L & D call vote: Grading and AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Equipment Rentals Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Buffa Bid Item 909 Bids received for Bid Item 909, Chairs, are on file in Chairs the Clerk's office. A motion was made by Vice Mayor. r 1 r� Genis, seconded by Council Member Humphrey, to award MOTION the contract to Sea Coast Designs, 2201 South Standard Awarded to Sea Avenue, Suite F, Santa Ana, for $9,689.77. The motion Coast Designs carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Buffa Bid Item 910 Bids received for Bid Item 910, Four Motorcycles, are on Four Motorcycles file in the Clerk's office. On motion by Vice Mayor Genis, seconded by Council Member Humphrey, and carried MOTION 4-0, the two bids were rejected because they did not Bids.Rejected include a completed Noncollusion Affidavit. Bid Item 911 Bids received for Bid Item 911, Trees, are on file in Trees the Clerk's office. A motion was made by Vice Mayor Genis, seconded by Council Member Humphrey, to award the MOTION contract to Arbor Nursery, Incorporated, Post Office Box Awarded to 273, Azusa, for $5,385.81. The motion carried by the Arbor Nursery following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Buffa OCUTT Funds for On motion by Vice Mayor Genis, seconded by Council Baker Street Member Humphrey, Resolution 91-1, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION Resolution 91-1 TO ALLOCATE ORANGE COUNTY UNIFIED TRANSPORTATION TRUST Adopted (OC UTT) FUNDS FOR BAKER STREET BETWEEN FAIRVIEW ROAD AND BEAR STREET, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Buffa Notice of Completion Asbestos Removal and Demolition of 30 Structures on Pomona Valley Equip- Victoria Street between Harbor Boulevard and Canyon ment Rentals Drive, and 1 Structure at 695 West 19th Street, Project V-90-03, was completed to the satisfaction of the Asbestos Removal and Public Services Director on November 29, 1990, by Pomona Demolition of 30 Valley Equipment Rentals, Incorporated, 11532 East End Structures on Avenue, Chino. On motion by Vice Mayor Genis, seconded Victoria and 1. by Council Member Humphrey, the work was accepted; the Structure on 19th Clerk was authorized to file a Notice of Completion; Project V-90-03 authorization was given to release retention funds 35 days thereafter; the Labor and Material Bond was ordered MOTION exonerated 7 months thereafter; and the Performance Bond Work Accepted was ordered exonerated 12 months thereafter. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Buffa Agreement with Item 5 on the Consent Calendar was presented: Agreement Ronald Fream with Ronald Fream Design Group Limited, Post Office Box Design Group 1823, Santa Rosa, for $21,000.00, to design a new irri- gation system on holes 10 through 18 and a driving range Design of Golf at Los Lagos golf course. Course Driving Range.& Irrigation The City Manager explained that despite problems with System at Los Lagos the Mesa Linda course, he thought it best to allow Ronald Fream to finish the design work for the Los Lagos course. Motion to Approve Contract Died for Lack of a Second Sole Source Purchases A motion was made by Council Member Humphrey, seconded by Vice Mayor Genis, to approve the agreement. Council Member Glasgow was opposed.to awarding the contract because it was his opinion that the design work at the Mesa Linda course was poorly done. After discussion, Vice Mayor Genis withdrew her second, and Mayor Hornbuckle seconded the motion. In answer to questions from the Council, the City Manager reported that the City would save approximately $15,000.00 by allowing Ronald Fream to complete the work instead of requesting proposals from other quali- fied vendors; however, based on the problems encountered at the Mesa Linda course, the City Manager suggested that it may be best to solicit proposals. Mayor Hornbuckle withdrew her second, and the motion died. Items 8, 9, and 10 on the Consent Calender were pre- sented: Sole Source Purchase Item 8, Purchase of two portable radios and ancillary of Radio Equipment equipment for the Police Department from sole source from Motorola vendor, Motorola Communications and Electronics, - Communications Incorporated, 790 The City Drive, Nexus Square, Suite 150, Orange, for $5,890.32. Sole Source Purchase Item 9, Purchase of four data radios and one data of Data Radios and transceiver for the Police Department from sole source One Data Transceiver vendor, Motorola Communications and Electronics, from Motorola Incorporated, 790 The City Drive, Nexus Square, Suite Communications 150, Orange, for $19,178.94. Sole Source Purchase Item 10, Purchase of six hand-held radar units for the of Radar Units from Police Departmentfrom sole source vendor, Kustom Kustom Electronics Electronics, Incorporated, 2225 East Molino Place, San Marino, for $6,475.44. Council Member Humphrey removed the three sole source purchases from the Consent Calendar because he felt it would be appropriate to go out to bid for this equipment in the future. However, he did not intend to delay pur- chase of the above items. MOTION A motion was made by Council Member Humphrey, seconded Purchases by Vice Mayor Genis, approving the three purchases, and, Approved directing staff to attempt to determine whether there are other sources for future purchases. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Buffa PUBLIC HEARING The Clerk announced the public hearing, continued from Appeal of PA -90-103 the meeting of December 17, 1990, to consider an appeal Wade/Moore of the Planning Commission's decision for Planning Action,PA-90-103 from Susan Wade, 1216 Las Arenas, Costa Mesa, authorized agent for Gary L. Moore, 221 West Wilson Street, Costa Mesa, for a Conditional Use Permit to construct a five -bay car wash with five vacuums, with a second story office and equipment room; and variances from rear setback requirements (15 feet proposed, 46 feet required), and interior landscaping requirements (80 square feet proposed, 250 square feet required), located at 221 and 225 West Wilson Street in a Cl zone., Environmental Determination: Negative Declaration. 1 1 The Deputy City Manager/Development Services gave a slide presentation of the subject property and summar- ized the Staff Report and staff's memorandums dated November 9, December 4, and December 27, 1990. He pointed out that the Planning Commission denied the variance from interior landscaping requirements, and approved the remainder of the request subject to conditions. The Deputy City Manager stated that even though the applicant only appealed the condition requir- ing a 12 -foot dedication for future street widening, the entire request is subject to reconsideration. Council felt that the use was acceptable at this loca- tion; however, Council Members Hornbuckle, Genis, and Humphrey were concerned about the impact on the resi- dential units to the rear of the project because of the proposed 15 -foot rear setback. Mayor Hornbuckle com- mented that the applicant's proposal outlined in staff's .memorandum dated January 4, 1991, redesigns the project. (The applicant's representative requested permission for the applicant/property owner to develop the property with the addition of a sixth wash bay near Wilson Street; in turn, the applicant would agree to dedicate the required right-of-way on Wilson Street, and remove the sixth wash bay at his expense if and when the City widens the street to a secondary arterial highway.) Chris West, 15931 Oriole Lane, Huntington Beach, project designer, provided drawings of the revised plan for the car wash and explained the design in great detail. He commented that the equipment he is proposing for the car wash produces very little noise, and mentioned that trees will be planted at the rear of the site. Mayor Hornbuckle referred to earlier comments by the City Attorney indicating that if the new plan involves substantial changes, the project would have to be referred back to the Planning Commission. The City Attorney stated that after reviewing the new drawings, it was his opinion that the request would not have to go back to the Commission for review. Council Member Humphrey was concerned that large trucks or recreational vehicles would use the outside bay which is designated for compact cars only. Mr. West responded that the problem could be eliminated by post- ing signs. Sid Soffer, 900 Arbor Street, Costa Mesa, mentioned that the car wash would be using recycled water. He also insisted that if the applicant were allowed to apply for a Specific Plan, the issue of the rear setback would be resolved. During later discussion, Mr. Soffer spoke again about the applicant's being allowed to file a Specific Plan, and Mayor Hornbuckle advised Mr. Soffer that a Specific Plan does not guarantee that a rear setback will not be required. Gary Moore agreed with Mr. Soffer's comments. He requested Council to allow him to use the 12 -foot dedication until Wilson Street is widened. The Council Members agreed that they would be willing to approve the appropriate documents to allow Mr. Moore the use of the 12 feet of land; however, they wanted staff to review and make recommendations on the new design before taking any action. The Deputy MOTION Continued to February 4, 1991 City Manager/Development Services advised Council that because of the change involving the front setback, the public hearing would have to be renoticed. Eleanor Black, 4021 Figueroa Circle, Huntington Beach, partner in the car wash, spoke in support of allowing the project to proceed as redesigned. The Deputy City Manager/Development Services stated that it would be difficult to review the plans and renotice the public hearing for the January 21 meet- ing. He suggested a continuance to February 4, 1991. A motion was made by Vice Mayor Genis, seconded by Council Member Humphrey, to continue the public hearing to February 4, 1991. Responding to Mayor Hornbuckle's question, the City Attorney reported that renoticing must be done because the revised plan is an expanded use; however, if it were a reduced use, renoticing would not be required. Vice Mayor Genis requested staff to provide the follow- ing information prior to the meeting of February 4: Discussion regarding the authority or responsibility of the Council to establish setbacks through the Condi- tional Use Permit process, which may be in addition to the very minimum where there is a discretionary permit, and where there is a reasonable relationship between the additional setback and the use; for example, if there were a particularly noisy use, it may be more desirable to have a greater setback from a residential zone in order to keep the noise at a minimum; or, in this case, if the outdoor uses do not necessarily have an estab- lished setback, an outdoor activity would not be appro- priate adjacent to a residential use with zero setback. The motion to continue the public hearing carried 4-0. Mayor Hornbuckle commented that Mr. Soffer raised a point of some concern, and that is, where there have been two adjacent commercial properties and one has been converted to a residential use, additional setbacks have not been required. She asked the Deputy City Manager/ Development Services to provide data on how this might be adjusted so that all responsibility would not rest only with the commercial property. PUBLIC HEARING The Clerk announced the public hearing, continued from Appeal of PA -90-98 the meeting of December 17, 1990, to consider an appeal Boryczewski of the Planning Commission's denial of Planning Action (Hogue Barmichael's) PA -90-98 from Jules Boryczewski, 1976 Newport Boule- vard, Costa Mesa, for property located at 1970-1984 Newport Boulevard (Hogue Barmichael's) in C2 and R2 zones: Conditional Use Permit for an existing nonconforming restaurant and bar within 200 feet of a residential zone; and Conditional Use Permits to allow off-site parking with reciprocal access on adjacent parcels, and a reduction of required parking due to offset hours of operation on other businesses. Environmental Determination: Exempt. 1 Pursuant to Government Code Section 54956.9(b)(1), the City Attorney requested a closed session to discuss certain legal issues regarding this request. RECESS/ The Mayor declared a recess at 8:50 p.m., and the meet - CLOSED SESSION ing reconvened in closed session at 9:00 p.m. in the first floor Conference Room. MEETING RECONVENED At 9:45 p.m., the Mayor reconvened the regular meeting and announced that Council has expressed interest in continuing the public hearing. She invited public comments. Jean Park, 789 Paularino Avenue, Costa Mesa, owner of property at Walnut and Fullerton Streets, gave a detailed account of the poor behavior of Hogue Barmichael's patrons, and urged the Council to give some consideration to the residents who have been affected by these annoyances. She was opposed to any further continuances. At the request of Mayor Hornbuckle, the Deputy City Manager/Development Services gave a brief history of the actions taken by the City to abate the public nuisance activities in the adjacent residential area caused by Hogue's customers. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, wanted an outside source to investigate the manner in which the City has handled this problem. Mayor Hornbuckle suggested that Mr. Pizarek make an appointment with the City Attorney. Steve Park, 1944 Church Street, Costa Mesa, spoke about the bar's allowing more patrons to enter the bar than is allowed by law, and stated that he was tired of hav- ing -to live with this nuisance. He felt the City was not acting quickly enough to abate the problem. Jules Boryczewski contended that after the bar is closed on Friday and Saturday nights, his employees remove any garbage that may have been left at 1944 Church Street. Bob Keyes, 1933 Church Street, Costa Mesa, verified the complaints voiced by previous speakers. He asserted that Mr. Boryczewski has no concern for the neighbor- hood and has no intention of compromising in order to alleviate the problems he is causing. Dave McCoy, 1977 Fullerton Avenue, Costa Mesa, asked for the status of the writ regarding Hogue's entertain- ment permit. The City Attorney responded that the court ordered a stay of the City's revocation of the permit, and the writ was continued until the Conditional Use Permit issue has. been completed. Mr. McCoy urged the Council to deny the Conditional Use Permits. John Feeney, 1154 Dorset Lane, Costa Mesa, compared the problems at Hogue Barmichael's with the noise problems at the Pacific Amphitheatre. He suggested that the City devise a method of dealing with these nuisances in a more expeditious manner. MOTION A motion was made by Vice Mayor Genis, seconded by Continued to Council Member Humphrey, continuing the public hearing January 21, 1991 to January 21, 1991, and directing the City Attorney to continue negotiations with the applicant during these two weeks. Mayor Hornbuckle explained that the reason for the continuance was because of certain questions raised during the closed session for which there were no answers. The motion carried 4-0. OLD BUSINESS The Clerk presented from the meeting of December 3, Free Advertising 1990, a policy providing for free advertising space in in the Community the Community Services Department's quarterly Recrea- Services Brochure tion Review Brochure for nonprofit organizations based in Costa Mesa. The City Manager referred to a memorandum from the Community Services Director dated December 27, 1990, which contains the additional information and clarifica- tion requested by Council at the December 3 meeting. He commented that the memorandum also addresses the "Senior Scoop", a monthly newsletter of the Costa Mesa Seniors Club, which is not an official City publication. Responding to questions from Vice Mayor Genis, the City Manager stated that the City does not advertise that free space is available, and nonprofit organizations who are aware of the availability of left -over advertising space are accommodated on a first-come, first-served basis. The City Manager suggested that if a policy were adopted-, all qualified organizations should know about the availability of tree advertising space. John Feeney, 1154 Dorset Lane, Costa Mesa, questioned - whether certain nonprofit organizations in Costa Mesa would qualify for this benefit because, in his opinion, they discriminate and do not serve a public purpose. Vice Mayor Genis felt it was unfair to give free space to only those organizations who were aware of the policy, yet an equally worthy organization would pay for advertising because it was not aware of the availa- bility of free space. MOTION On motion by Vice Mayor Genis, seconded by Council Authorized Member Humphrey, and carried 4-0, authorization was Publication of given to continue publication of the "Senior Scoop" "Senior Scoop" which provides information on senior services, with free advertising space to those agencies providing services to seniors. MOTION Vice Mayor Genis made a motion to discontinue providing Discontinued Free free advertising space to nonprofit organizations in the Space in Community Community Services Brochure, and to utilize any extra Services Brochure space for public information bulletins. The motion was seconded by Council Member Humphrey, and carried 4-0. OLD BUSINESS The Clerk presented from the meeting of December 3, Pushcart Ordinance 1990, a report and proposed ordinance amending Munici- pal Code Sections 9-131, 9-132, 9-133, and 9-191 to regulate pushcarts. The City Attorney requested a continuance in order to obtain input from Orange County Health Services, the regulating agency. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, asked numerous questions regarding the regulations contained in the ordinance and method of enforcing them. Mr. Pizarek was concerned about the length of time it would take for the police�to respond to citizens' calls if there were problems with these vendors. 1 L MOTION A motion was made by Vice Mayor Genis, seconded by Authorized Addi- Council Member Humphrey, to allow Mr. Pizarek an tional Time to additional three minutes to speak. The motion carried Speak 3-1, Council Member Glasgow voting no. Mr. Pizarek stated that residents on the west side are concerned about health issues. He was opposed to allowing pushcart vendors to operate within the City because he felt there was no way to regulate them. John Feeney, 1154 Dorset Lane, Costa Mesa, stated that pushcarts may be a safety problem for other vehicles. MOTION On motion by Council Member Humphrey, seconded.by Vice Continued to Mayor Genis, and carried 4-0, this item was continued January 21, 1991 to January 21, 1991, as requested by the City Attorney. OLD BUSINESS The Clerk presented Ordinance 90-17 for second reading Flood Insurance and adoption. The ordinance updates the flood insurance Rate Map rate map reference. MOTION On motion by Council Member Humphrey, seconded by Vice Ordinance 90-17 Mayor Genis, Ordinance 90-17, AN ORDINANCE OF THE CITY Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING ARTICLE 17-1/2, TITLE 13 OF THE COSTA MESA MUNICIPAL CODE TO UPDATE THE FLOOD INSURANCE RATE MAP REFERENCE, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Buffa NEW BUSINESS The Clerk presented a request from the Costa Mesa 1991 Community Chamber of Commerce to print a Costa Mesa 1991 Community Economic Profile Economic Profile brochure in the City print shop. Brochure The City Manager referred to the letter of request from the Chamber of Commerce dated November 29, 1990, and staff's memorandum dated December 28, 1990, which estimates the cost of printing at $92.00 per 1,000 copies, and additional copies over 1,000 at $40.00 per 1,000. Brief discussion ensued about the information contained in a pamphlet currently being published by the Develop- ment Services Department. Lee Heinz, Executive Director, Chamber of Commerce, reported that the Chamber receives many requests for information about the City, and facts contained in the draft brochure relate to questions most asked by the public. Mr. Heinz suggested that Chamber and City staffs work together to ensure that all information is accurate. A motion was made by Council Member Glasgow authorizing staff to print the brochures per staff's memorandum of December 28, 1990. The motion died for lack of a second. Vice Mayor Genis mentioned that some data in the draft brochure should be updated because they are based on 1980 census figures.- She wanted to know how long it would take to provide,a combined version of the City's pamphlet and the -Chamber's brochure. The City Manager responded that there would be no problem in producing a brochure with the combined data in a short period of time. w MOTION A motion was made by Vice Mayor Genis directing staff Authorize Staff to prepare and print a brochure containing data from to Prepare and both flyers, eliminating any duplication. The motion Print Brochure was seconded by Council Member Humphrey, and carried 3-1, Council Member Glasgow voting no. NEW BUSINESS The Clerk presented an amendment to the 1990-91 Budget Amendment to providing for four additional full-time positions: two 1990-91 Budget police officers for the DUI team; one maintenance worker for the Community Services Department; and one office specialist for the Risk Manager. MOTION Amendment Approved CITY ATTORNEY REPORT Boyer Lawsuit Referred to Closed Session The City Manager summarized a memorandum from the Finance Director dated December 28, 1990, explaining that funding for these positions will have zero impact on the 1990-91 general fund appropriations. On motion by Vice Mayor Genis, Hornbuckle, the amendment was ing roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: seconded by Mayor approved by the follow- Hornbuckle, Genis Glasgow, Humphrey None Buffa The City requested a closed session pursuant to Government Code Section 54956.9(a) to discuss Orange County Superior Court Case No. 55-56-27, Kim Boyer vs. City of Costa Mesa. Mayor Hornbuckle announced that the closed session would be held following the close of regular business. COUNCIL MEMBERS Council Member Glasgow referred to an investigation of COMMENTS City contracts which he requested of the City Attorney some weeks ago, and,among the contracts reviewed, there Report on City were approximately 10 which appeared to involve con - Contracts flicts of interest or other improprieties. Except for the contract involving Copley/Colony Cablevision, he asked for a report on the remaining 9 documents. The City Attorney responded that two contracts have been referred to the District Attorney for investigation, and seven have been referred to the City Manager. Mayor Hornbuckle requested the City Attorney and City Manager to provide a brief report for Council. ADJOURNMENT TO At 11:15 p.m., the Mayor adjourned the meeting to a CLOSED SESSION closed session in the first floor Conference Room to discuss the Kim Boyer lawsuit. Boyer Lawsuit Mayor Hornbuckle reconvened the regular meeting at 11:55 MEETING RECONVENED p.m. and announced that during closed session, the City Attorney was authorized to settle the Kim Boyer lawsuit Authorized Settle- (Orange County Superior.Court Case No. 55-56-27) as ment of Lawsuit outlined in the Risk Manager's Confidential Memorandum dated January 3, 1991. ADJOURNMENT The Mayor declared the meeting adjourned at 11:58 p.m. Mayor oV the City of Costa Mesa ATTEST:- - C ty Clerk of the City ofCos Mesa 1 L