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HomeMy WebLinkAbout05/04/1992 - City CouncilROLL CALL MINUTES April 20, 1992 ORDINANCES PROCLAMATION "Older Americans Month" REGULAR MEETING OF THE CITY COUNCIL CITY OF, COSTA MESA MAY 4, 1992 The City Council of the City of Costa Mesa, California, met in regular session May 4, 1992, 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 Allegiance to the Flag, and ;-Invocation by the Reverend Douglas McKenzie, Harbor ;Christian Fellowship. Council Members Present:- Mayor Mary Hornbuckle Vice'Mayor Sandra Genis ! Council Member Peter Buffa Council Member Jay Humphrey Council Member Joe Erickson Council Members Absent':` None Officials Present: City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Develop- ment Services Donald Lamm Public Services Director William Morris Redevelopment Project Manager Muriel Berman City Clerk Eileen Phinney On motion by Council Member Buffa, seconded by Council Member Erickson, and carried 5-0, the minutes of the "regular meeting of April 20, 1992, were approved. !A motion was made by Council Member Buffa, seconded by Council Member Humphrey, and carried 5-0, to read all ,ordinances by title only. ',Mayor Hornbuckle read a proclamation declaring the month ;of May, 1992, as "Older Americans Month", and presented the document to Marie Maples of the Senior Citizens Committee, and Flossie Langdale, who celebrated her I100th birthday on January 25, 1992. Ms. Maples intro- �duced Amy Morimoto and Stanley Bieza, members of the !Senior Citizens Committee. Mutual Aid to Los (The City Manager reported on the assistance given by Angeles Riot Crisis iCosta Mesa to the City of Los Angeles during the rioting ;which began last Wednesday, April 29, 1992. He spoke on the Mutual Aid Covenant between California cities which ',provides for assistance during a crisis. He commended the following Police Department personnel: Sergeant Ron ;Smith; and Officers Dale Birne, Mike Carver, Mike Cohen, ;Les Gogerty, Don Holford, Scott May, and Phil Myers; and ,Fire Department personnel: Battalion Chief Judith (Jewell; Captains Thom Caldwell, Eric Johnson, and Norman ISchurb; Engineers Bruce McGregor, Hank Meyer, and Phil 'Worsman; Firefighter/Paramedic Kirk Dominic; and Fire- fighters Kurt Hasemann, Rulon Hatch, Bob Pignone, and 'Steve Sandoval. ORAL COMMUNICATIONS Ronald Coulombe, 1022 Cannonade Circle, Costa Mesa, Sunflower Avenue ,stated a letter had been sent to Council Member Humphrey Noise Problem ion February 26, 1992, concerning a noise problem on ;Sunflower Avenue, and a reply had not been received. !Council Member Humphrey explained that circumstances had slowed down the process but a response will be forthcoming. i .2g 9 National Day of Wendy Leece, 1107 Valley Circle, Costa Mesa, suggested Prayer recognizing Thursday, May 7, 1992, as a National Day of Prayer, and she announced a gathering to be held on the steps of City Hall on Thursday from 12:20 p.m. to 12:40 p.m. She gave to the City Clerk a copy of the President of the United States proclamation on this subject, and a proposed proclamation for the City of Costa Mesa. Handicapped Bil Garvin, 1092 San Pablo Circle, Costa Mesa, reviewed Access the handicapped access problem, specifically the rein- statement of two parking spaces at Baker/Fairview Plaza. The City Manager stated that enforcement is also an important issue, and the City Attorney confirmed that his office is in the process of doing research to deter- mine the extent of the City's authority to enforce handicapped parking. The Deputy City Manager/Develop- ment Services summarized the City's attempts to resolve this matter. East Side Home Bob Hoffman, 360 East 19th Street, Costa Mesa, represen- owners Association ting the. East Side Homeowners Association, expressed appreciation to the Council for an excellent job on the General Plan, including installation of yellow flashing lights on Irvine Avenue, and sidewalks on East 19th Street. He announced the Homeowners' General Meeting will be held on Tuesday, May 12, 1992, at 7:00 p.m. at Kaiser Elementary School, 2130 Santa Ana Avenue, Costa Mesa. He commended Bill Morris and Jerry Jensen of the City staff for their efforts, and requested clarifi- cation on plans for the proposed sidewalks. The Mayor asked the City Manager to continue to work with Mr. Hoffman and Council Member Erickson on the sidewalk issue. Union Goals Bill Folsom, 2538 California Street, Santa Ana, Presi- dent, Costa Mesa City Employee's Association, reiterated the goals of the labor union which includes fighting discrimination, racism, injustice, and poverty, and he offered the resources of the association to assist in maintaining community standards. Youth Athletic David Ramsay, 2829 Shantar Drive, Costa Mesa, Commis - Facility sioner for American Youth Soccer, and a member of the Costa Mesa Youth Athletic Committee, spoke on the need for a youth athletic facility to serve all of Costa Mesa. He stated this facility would provide an oppor- tunity for children and parents from all ethnic groups and financial backgrounds to work together in a positive situation. Parents Reaching John LeVere, 695 Center Street, Costa Mesa, reported on Out a newly formed group called Parents Reaching Out which was organized to aid parents and children on the west side who oppose gang violence. He introduced Rebecca Garcia, 763 Hamilton Street, Apartment A, Costa Mesa; and Genevieve Valdez, 1981 Wallace Avenue, Apartment A-103, Costa Mesa, who spoke about the newly formed organization. They issued an invitation to the next meeting to be held May 6, 1992, 7:00 p.m. to 9:00 p.m., at the Downtown Community Center, 1860 Anaheim Avenue, Costa Mesa. Permits for Wood Kris Van Allen, 691 Center Street, Costa Mesa, suggested Fences requiring a building permit in order to erect a wood fence between property lines. She cited potential problems caused by the lack of having a permit. Mayor Hornbuckle asked the City Attorney to provide a report on this subject, and the Deputy City Manager/Development Costa Mesa Crime Rate Soffer Property on Bernard Street CONSENT CALENDAR ,Services was requested to provide to the Vice Mayor a report.on the.frequency of this type of occurrence jwherein a wood fence has presented a problem. i (john Feeney, 1154 Dorset Lane, Costa Mesa, commented on !the crime rate in ;Costa Mesa and the subsequent cutback in Police services. He suggested cutting out the luxury programs and restoring full funding to the Police Department. Sid -Soffer, 900 Arbor Street, Costa Mesa, read the original charges from the complaint regarding 540 Bernard Street, stating that the original problem involves construction permits that had not been obtained years before'he bought this property. IOn motion by Council Member Humphrey, seconded by ;Council Member Buffa,.all Consent Calendar items were approved in one motion by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson READING FOLDER IOn motion by Council Member Humphrey, seconded by Claims Claims received by the City Clerk: Dale Blackburn; Lorraine Cronjager; Michael John Lee; Pamela Nichols; Marijane Sweer; Blaine Douglas Wickline; and Moe A. Zahabi. j NOES: None ABSENT: None i 'l Council Member Buffa, and carried 5-0, the following Reading Folder items were received and processed: Alcoholic Alcoholic Beverage License application from Balloons Beverage i Unlimited, 1835 RAttier Avenue, for which Planning License staff has recommended denial because the use is not permitted in the zone in which it is located. Public �� Notice from the California Public Utilities Commission Utilities -advising that Southern California Edison Company has Commission filed Application No. 92-04-018 regarding increased rates. Annexation i Notice from Local Agency Formation Commission of to Sanitary Orange County of proposed Annexation No. 241 to the District Costa Mesa Sanitary District consisting of 1.1 acres in the general area of the 900 block of Dahlia Avenue and 3351 Fuchsia Street. BUSINESS PERMITS On motion by Council Member Humphrey, seconded by Council Member Buffa, and carried 5-0, the following MOTION ;business permits were approved with application of Permits Approved Municipal Code Section 9-127(d): Veterans of Foreign Wars City of Hope SET FOR PUBLIC HEARING MOTION/Hearings Set for May 18, 1992 Notice of Intention to Appeal or Solicit for Charita- ble Purpose from Veterans of Foreign Wars, Coast Line Post No. 3536, 567 West 18th Street, Costa Mesa, by selling "Buddy Poppies" on May 15 and 16, 1992. Notice of Intention to Appeal or Solicit for Charita- ble Purpose from City of Hope, Workout for Hope, 208 West 8th Street,. Los Angeles, by soliciting funds from April 1, 1992,.through April 1, 1993. 'On motion by Council Member Humphrey, seconded by Council Member Buffa, and carried 5-0, the following Atems were set for public hearing on May 18, 1992, at X6:30 p.m., in the Council Chambers of City Hall: 1 x:.291 Off-site Hazardous An ordinance adding Article 6 to Chapter XIII of Title Waste Facilities 13 of the Costa Mesa Municipal Code relating to the regulation of off-site hazardous waste facilities. Environmental Determination: Negative Declaration. R-92-01, Costa Rezone Petition R-92-01, Costa Mesa Redevelopment Mesa Redevelopment Agency, to rezone a 2.19 -acre vacant parcel at the Agendy northwest corner of West 18th Street and Newport Boulevard, from C2 (General Business District) to PDC (Planned Development Commercial). Environmental Determination: Negative Declaration. WARRANTS On motion by Council Member Humphrey, seconded by Council Member Buffa, Warrant Resolution 1519, including MOTION Payroll.9209, was approved by the following roll call Warrant 1519 vote: Approved AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None ADMINISTRATIVE Bids received for Reinforced Concrete Slab Replacement ACTIONS at the Golf Course Clubhouse, Project No. 92-03, are on file in the City Clerk's office. On motion by Council Golf Course Club- Member Humphrey, seconded by Council Member Buffa, the House Concrete contract was awarded to Rick Hamm Construction, Incorpo- Slab Replacement rated, 2314 North Pacific Street, Orange, for $39,601.88. Project 92-03 The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, MOTION Humphrey, Erickson Awarded to NOES: None Rick Hamm ABSENT: None Final Map for The Final Map was presented for Tract 14281, John Lien Tract 14281 and Peng C. Hsu, developers, 10435 Hampshire Court, Lien and Hsu Cypress; seven lots, 0.462 -acre, located at 2557 Orange Avenue, for condominium purposes. On motion by Council Member Humphrey, seconded by Council Member Buffa, and carried 5-0, the map was approved pursuant to provisions of Section 66436(a)(3)(A) of the Subdivision Map Act; the Council did accept on behalf of the City: (1) the 5.00 -foot easement on Orange Avenue for street and highway purposes; and (2) the ingress and egress ease- ment over Lot "A' for emergency and security vehicle purposes as shown on the map;,and the City Clerk was authorized to sign the map on behalf of the City. PUBLIC HEARING The City Clerk announced that this was the time and CDBG Funding place set for the public hearings to consider: Reallo- cation of United States Department of Housing and Urban Development Community Development Block Grant funding for fiscal year 1991-92; and allocation for the fiscal year 1992-93 Community Development Block Grant Appli- cation; with a resolution authorizing the City Manager to act as the official representative of the City to submit the Final Statement and provide additional information as required. The Affidavit of Publication is on file -in the City Clerk's office. The Revelopment Project Manager reviewed the Agenda Report dated April 21, 1992. She explained that the grant funds were received from the Department of Housing and Urban Devel- opment, and the City is required to allocate these funds for programs to benefit low and moderate income people. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Humphrey, seconded by CDBG 1991-92 Council Member Erickson, thereallocation of CDBG fund - Reallocation ing for fiscal year 1991-92 in accordance with the Approved Agenda Report dated April 21, 1992, was approved by the :.0292 following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None MOTION Council Member Humphrey made a motion to approve the Allocation of proposed budget for fiscal year 1992-93 CDBG application 1992-93 CDGB funds as stated with the alteration in Housing Rehabili- Application tation to include a set aside of $9,600.00 for Girls, Approved Incorporated. The motion was seconded by Council Member ,Erickson. Mayor Hornbuckle stated she would abstain .from voting on this item as she is a member of the Board of Directors of Girls, Incorporated. The motion carried by the following roll call vote: AYES: Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None ABSTAIN: Hornbuckle OLD BUSINESS The City Clerk presented City Attorney's Report No. 92 - Advertising on 128, and Ordinance 92-9 for second reading and adoption, Bus Shelters irelating to advertising on bus shelters and benches. and Benches The City Attorney reviewed his report which outlined !the changes incorporated in Ordinance 92-9 as requested at the Council meeting of April 20, 1992. Vice Mayor Genis indicated that there had been discus- sion at the April 20, 1992, Council meeting which were not included in the minutes of that meeting, and she would like the public record to reflect that there was an intention that certain things such as setbacks and lighting would be handled on a case-by-case level as the ;individual contracts were let. MOTION On motion by Council Member Erickson, seconded by Ordinance 92-9 Council Member Humphrey, Ordinance 92-9, AN ORDINANCE Adopted OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFOR- NIA, AMENDING SECTIONS 5-121 AND 5-128 OF THE COSTA MESA MUNICIPAL CODE AND ADDING CHAPTER II TO TITLE 19 OF THE COSTA MESA MUNICIPAL CODE PERTAINING TO ADVERTISING ON BUS SHELTERS AND BENCHES, amending Section 19-309(f)(1) ,to read, "an interest charge, computed from such due ,date,.at the annual rate as set pursuant to a franchise lagreement", was adopted by the following roll call vote: AYES: Hornbuckle, Buffa, Humphrey, Erickson NOES: Genis ABSENT: None OLD BUSINESS The City Clerk presented from the meeting of April 20, Business Survey 1992, a request frau the Costa Mesa Chamber of Commerce for City participation in a business survey. The City Manager stated that there has been a request from the Chamber to table this item indefinitely. He reported 'that a presentation on a community business plan will be made at the May 13, 1992, Redevelopment Agency meeting. MOTION On motion by Council Member Erickson, seconded by Survey Tabled -Council Member Humphrey, and carried 5-0, this item was tabled. OLD BUSINESS The City Clerk presented a request to expend legal fees Expenditure of for Green v. Amburgey, et al., from the Golf Course Legal Fees, Green (Enterprise Fund in an amount not to exceed $150,000.00 v. Amburgey, et al. ;for the 1991-92 fiscal year; and Budget Adjustment No. ;92-55. The City Manager summarized the Agenda Report ;dated April 29, 1992. Motion to Approve A motion was made by Council Member Erickson, seconded Expenditure by Mayor, Hornbuckle, to approve an amount not to exceed Withdrawn $150,000.00 for the 1991-92 fiscal year, and to approve Budget Adjustment No. 92-55. After discussion, Council Member Erickson withdrew the motion. SUBSTITUTE MOTION A substitute motion was made by Council Member Buffa, Continued to seconded by Council Member Humphrey, and carried 5-0, to May 18, 1992 continue this item to a closed session at the meeting of May 18, 1992. The City Manager stated that direction from Council on dispensation of current and future financial obligations on this item is imperative; however, the continuation will not cause a hardship. NEW BUSINESS The City Clerk presented a request to allocate CDBG Public Service $138,600.00 for Public Service Grants from the Community Grants Development Block Grant Entitlement Grant. Council Members Erickson and Humphrey briefly reviewed the process involved in making the grant selections as shown in the Agenda Report dated April 21, 1992. Council Member Humphrey stated that the Volunteer Center, Retired Senior Volunteers, had inadvertently been omitted from the grant list, and he recommended a grant of $5,000.00. Mayor Hornbuckle stated she would be abstaining from voting on the issue because of her association with Girls, Incorporated; and Council Member Erickson stated he would abstain from voting on the portion involving Feedback Foundation. The Redevelopment Project Manager reviewed the requirements for eligibil- ity under.the grant program. Dorothy Mathers, Olive Crest Group Home, 1300 North Kellogg Drive, Anaheim, stated the Home provides shelter for abused and abandoned children, and she enumerated the ways in which previous grants had assisted in maintaining this shelter. John LeVere, 695 Center Street, Costa Mesa, founder of La Cueva, spoke on behalf of teen programs in Costa Mesa, stating adolescent programs also require support. John Feeney, 1154 Dorset Lane, Costa Mesa, stated he was amazed that in an affluent area such as Orange County that groups such as these had to depend on government funding rather than obtaining funds from the private sector. Council Member Humphrey pointed out that the Girls, Incorporated, item for Construction/Equipment was pro- vided for under the next fiscal year's funding.so that $3,000.00 would be directed to the contingency fund. Vice Mayor Genis noted the amount of worthwhile programs and the limited amount of money available, and she suggested public support'of groups such as the Exchange Club Center to Prevent Child Abuse, FISH-Habor Emergency Assistance, Interval House, Mothers/Others Against Child Abuse, and the other groups that the City was unable to assist with funds this year. MOTION A motion was made by Council Member Humphrey, seconded Grants Approved by Council Member Erickson, to approve the grants as recommended in the Agenda Report dated April 21, 1992, excepting Girls, Incorporated, and the Feedback Founda- tion, and.adding a grant of $5,000.00 for the Volunteer Center, Retired Senior Volunteers. The motion carried by the following roll call vote: 9 4�% `294 AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None MOTION On motion by Council Member Erickson, seconded by Girls, Inc. iCouncil Member Humphrey, the grant to Girls, Incorpo- Grant Approved ;rated, - Teen Center, was approved by the following roll call vote: AYES: Genic, Buffa, Humphrey, Erickson NOES: None ABSENT: None ABSTAIN: Hornbuckle MOTION On motion by Council Member Humphrey, seconded by Mayor Feedback Founda- Hornbuckle, the grant to Feedback Foundation, was tion Grant approved by the following,roll call vote: Approved AYES: Hornbuckle, Genis, Buffa, Humphrey NOES: None ABSENT: None ABSTAIN: Erickson Vice Mayor Genis suggested applying unused funds from !this item to the Advertising,and Promotional Fund, and ,Council Member Humphrey supported this idea. NEW BUSINESS .The City Clerk presented an ordinance amending Section Political Signs 5-129 of the Costa -Mesa Municipal Code relating to poli- tical signs. A communication was received from Ernie ,Feeney., 1154 Dorset Lane, Costa Mesa, requesting two amendments to the proposed ordinance. The City Attorney summarized his Report No. 92-25 dated April 22, 1992. IHe stated the amendments proposed by Ms. Feeney, which pertain to vacant properties, are reasonable and will be researched. ;Vice Mayor Genis referenced the first page of the pro- posed ordinance, Section 1 (b), line 6, which reads, "...and a study has been completed estimating the actual jcost of removal of the signs". She stated she had never ;seen a copy of this study. The City Attorney responded that the study has not been done and the finding would !need to be amended deleting that portion of the sentence. .;Council Member Humphrey suggested adding a section to ;the proposed ordinance that provides for a contract 'between the person placing the signs and the City for ;sign removal. MOTION bn motion by Council Member Erickson, seconded by Continued to Council Member Humphrey, and carried 5-0, this item was May 18, 1992 continued to the meeting of-May.18, 1992, to allow time Ito review the amendments proposed by Ms. Feeney, and jto discuss the study previously mentioned. RECESS 'The Mayor declared,a recess at 8:20 p.m., and the meet- ing reconvened at 8:30 p.m. NEW BUSINESS The City. Clerk presented a request to appoint members to Senior Citizens ithe Senior Citizens Committee. On motion by Council Committee Member Erickson, seconded by Council Member Humphrey, MOTION/Bieza and and carried 5-0, Stanley Bieza and Amy Morimoto were Morimoto Reappointed ;reappointed to the committee. NEW BUSINESS The City Clerk presented a request to appoint members to Child Care -the Child Care Committee. On motion by Vice Mayor Committee 'Genis, seconded by Council Member Humphrey, and carried '5-0, Gay Geiser -Sandoval, John LeVere, Jill A. Meer, 295 spa MOTION Patti Smith, and MaryAnn Somerville, were reappointed to Members Appointed the committee; Maxine Macha and Cathy Pieper were newly appointed to the committee; and Kathleen Andrews, Terri Muse, and Barbara Schwartz were appointed alternates. NEW BUSINESS- The City Clerk presented a request to appoint members to Human Relations the Human Relations Committee. Mayor Hornbuckle noted Committee that there were now four vacancies. On motion by Mayor Hornbuckle, seconded by Council Member Buffa, and MOTION carried 5-0, Marti Barmore, Reggie Sadler, Adelaide Members Appointed Garulle, and Hugh Siler were appointed to the committee; and Lance Jencks and Howard Lenhoff were appointed alternates.. NEW BUSINESS The City Clerk presented a request from St. Joachim Request from St. Church for waiver of police service fees during their Joachim Church to Spring Fair on May 8, 9, and 10, 1992. The City Waive Fees Manager reported that this request has been withdrawn. On motion by Council Member Buffa, seconded by Council MOTION Member- Erickson, and.carried 5-0, withdrawal was Request Withdrawn approved as requested by the applicant. CITY ATTORNEY The City Attorney requested a closed session pursuant to REPORTS GoverrVnent Code Section 54956.9(a) to discuss the following: Gonzalez v. City of Costa Mesa, et al., Request for Closed, Orange County Superior Court Case No. 58-63-39, to Session discuss status and overview of litigation; and Brockhoft v. Officer Robert Fate,t and Sergeant Neil Leveratt, Gonzalez; and United States District Court Case No. CV-91-2503JSL(Sx) Brockhoft to discuss consideration=of findings pursuant to Govern- ment Code Section 825. Mayor Hornbuckle anounced that closed session would be held after close of regular business. CITY MANAGER The City Manager reported that he had recently visited REPORT Police Officer Bob Nishimura, who was wounded in a recent shooting incident, and that he is doing quite Officer Nishimura well. Officer•Nishimura asked that the City Manager -express his appreciation for all the support he has received'from the City and the community. COUNCIL MEMBERS Council Member Erickson referred to Old Business No. 2, COMMENTS the Chamber of Commerce business survey, and "suggested -working to improve the relationship between the Chamber Chamber of and the City. He encouraged Chamber members to attend Commerce Business the Redevelopment Meeting study session on economic devel- Survey opment on Wednesday, May 13, 1992, 4:30 p.m., in the Council Chambers of City -Hall. Stolen Bicycles Council Member Humphrey spoke about bicycles being stolen from Parsons School,..and he suggested the school work with the Police Department to replace the bikes that were taken. Mayor Hornbuckle asked the City Manager to attend to the details, and he indicated that Council Member Humphrey had obtained an inventory of the school's needs, and he will contact interested community services groups to assist in putting the bikes in good working order. Access Standards Council Member Humphrey stated that regarding the imple- for Handicapped mentation of the American Disabilities Act regulations, he would like an analysis by the City of -their ability to adopt the more stringent Federal handicapped access standards, and to investigate associated costs and a - time frame. Mayor Hornbuckle asked the City Manager.,to7 refer this to the task force -and to report"back_to' Council. %.A boy 295 Emergency Personnel 'Council Member Buffa reiterated the commendation for Commendation emergency services personnel who volunteered for duty in Sgt. Neil Leveratt Los Angeles during the crisis. Christmas in Vice Mayor Genis thanked the Christmas in April group April 'for the work done in Costa Mesa for the elderly who Defense Granted. could not fix up their property. She also thanked Valet Parking .'South Coast Plaza who instituted valet parking for for Handicapped ;handicapped persons. She requested the status of the priorities that.were to be presented in regard to Priorities for implementation of the General Plan. The City Manager General Plan ,responded that this was scheduled for the Study Session on Monday, May 11, 1992. Regarding the billboard at Billboard at Newport Boulevard and 17th Street, the Vice Mayor stated Newport and 17th that the property is not proceeding through escrow, and ADJOURNMENT the billboard will remain for now. I Advertising and Mayor Hornbuckle stated that it appears that the Adver- Promotion Grants ;tising and Promotional Funds referenced earlier will be Ion the May 18, 1992, agenda. She commented that Council Senior Citizens had received letters from members of the Senior Citizens Club (Club, previously sponsored by the City's Community ,Services Department, concerning the move to the new Senior's Center. She announced that all activities at (the new Center will be under the auspices of the Senior Citizens Corporation, and there will be space for the Club to meet and they will be able to take part in the ,activities. ADJOURNMENT TO �At 8:45 p.m., the Mayor adjourned the meeting to a closed CLOSED SESSION session in the first floor Conference Room to discuss the aforementioned items listed under City Attorney Reports. MEETING RECONVENED The Mayor reconvened the regular meeting at 9:00 p.m., I and an announcement was made of the action taken during !closed session. Gonzales V. City Regarding Gonzales v. City of Costa Mesa, et al., Orange of Costa Mesa ICounty Superior Court Case No. 58-63-39, no action was taken. The City Attorney's report was received. Brockhoft v. Officer ;Regarding Brockhoft v. Officer Robert Fate, and Sergeant Robert Fate, and . Neil Leveratt, United States District Court Case No. Sgt. Neil Leveratt iCV-91-2503JSL(Sx), by a vote of 5-0, the request from (Officers Fate and Leveratt for defense and indemnifi- MOTION ;cation for any judgement for punitive or exemplary Defense Granted. jdamages or any other damages per Government Code Section 825,•was granted, with findings: (1) The officers were ;acting within the course and scope of their employment;' 1(2) At the time of the act, the employee acted or failed 'to act, in good faith, without malice and in the apparent !best interests of the public entity; and (3) Payment of any judgement .on behalf of the officers would be in the MOTION/Settlement best interests of the public entity. By a vote of 5-0, Demand Rejected the settlement demand by Brockhoft was rejected. ADJOURNMENT ;The Mayor declared the meeting adjourned at 9:05 p.m. Com/ Mayor the City of Costa Mesa ` ATTEST: City Clerk of the City of ..Cost Mesa 1