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HomeMy WebLinkAbout03/15/1993 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA MARCH 15, 1993 The City Council of the City of Costa Mesa, California, met in regular session March 15, 1993, 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 Denis Lyons, St. John the Baptist Catholic Church. ROLL CALL Council Members Present: Mayor Sandra Genis Council Member Mary Hornbuckle Council Member Peter Buffa Council Member Joe Erickson Council Members Absent: Officials Present: Vice Mayor Jay Humphrey City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Develop- ment Services Donald Lamm Public Services Director William Morris Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Hornbuckle, seconded by Council March 1, 1993 Member Erickson, and carried 4-0, the minutes of the regular meeting of March 1, 1993, were approved as distributed. ORDINANCES A motion was made by Council'Member Buffa, seconded by Council Member Erickson, and carried 4-0, to read all ordinances by title only. PRESENTATION Police Chief Dave Snowden praised the Gang/Special Enforcement Gang/Special Detail for outstanding accomplishment and dedication to service, Enforcement Detail presenting a Class "A" Commendation to the following Police officers: Sergeant Neil Leveratt, Senior Officers Robert Nishimura and Vernon Hupp, and Officer Timothy Starn; and Senior Officers Michael Howard and Gary Hendricks who were unable to be in attendance. ORAL COMMUNI- Anne Hogan-Shereshevsky, 2152 Elden Avenue, No. 1, Costa Mesa, CATIONS referring to affordable housing for people of low income, stated that in the last 20 to 30 years many seniors have dealt with this problem Affordable Housing by living in mobile home parks. She stated that at the present time, for Seniors . rents in these parks are escalating, and the State has indicated interest in initiating rent stabilization, or rent control. She pointed out a projected Census figure of 24,000 senior citizens in Costa Mesa in 1994. Costa Mesa Gangs Janice Davidson, 1982 Arnold Avenue, Costa Mesa, reported that the gang activities in Costa Mesa are escalating, with 160 gang members identified. She suggested that the Police Department gang enforcement detail utilize volunteers to assist with the computer work which would free the officers to address street situations. Rainbow Express John Pohwat, 7151 Warner Avenue, Huntington Beach, driver for Cab Company South Coast Cab Company, alleged that Rainbow Express Cab 127 Company, who recently received a Certificate of Public Convenience and Necessity -from the City, has not obtained proper vehicle registration nor the proper insurance, and stated that currently there is an investigation being conducted by the Department of Motor Vehicles regarding these Code violations. Mr. Pohwat requested that the Certificate for Rainbow Express Cab be revoked in accordance with the following: Section 9-119(a) of the Costa Mesa Municipal - Code relating to safety and welfare; Section 9-119(c) - regarding false evidence; and Section 9-119(d) regarding terms and provisions. The City Manager responded that the City had requested Mr. Pohwat to put the specific allegations in writing, and an investigation will ensue and, if appropriate, the matter will be placed on a future agenda. Concert at Lion's Chris Fahey, 1706-A Newport Boulevard, Costa Mesa, owner of Park Stab You in the .Back Records, reported that his company had previously sponsored', :concerts to procure food for the Share Our Selves (S.O.S.).organization; however, an application submitted for an entertainment permit for a planned concert on March 20, 1993, at Lion's Park to benefit the homeless, was denied by the City. Mayor Gens stated that the prime reasons for rejection were as stated in the City Manager's memorandum to Council which indicated inadequate parking because of another large event scheduled at the same time, and excessive anticipated noise levels. She suggested Mr. Fahey work with staff to determine another acceptable date. Golf Course Policies Richard McLaughlin, 1010 Damascus Circle, Costa Mesa, requested that Council reconsider the action taken at the meeting of February 1, 1993, wherein the senior monthly passes were rescinded and Los Lagos restrictions regarding foursomes and fivesomes were imposed. He stated that he spoke to the Golf Course Committee who passed a resolution regarding these items and would now like the resolution placed on the, Council agenda. The City Manager stated that contract amendments, including the revised senior policies, have been negotiated with Mesa Verde Partners and will be effective -April 1, 1993. Council Member Buffa suggested that prior to the time additional recommendations are brought back to Council, the Golf Course Committee and Mesa Verde Partners should be consulted for their input. Council Member Hornbuckle was not interested in reopening discussion on the golf course contract, other than the issue of the Mesa Linda and Los Lagos constraints. Mayor Genis clarified that use of the senior golf discount rate was subject to the constraints, not the senior golfers themselves. Dan Gott, 953 Dahlia Avenue, Costa Mesa, also supported the request to reconsider the February 1, 1993, golf course decisions. San Joaquin Hills Janet Remington; 1164 Boise Way, Costa Mesa, referred to Costa Toll Road Mesa's participation in the Joint Power Authority which supports the San Joaquin Hills toll' -road, and asked Council to again review this issue, especially the noncompetitive agreement with California Department of Transportation which prohibits roads being constructed that are in competition with the toll road. She stated there are economic and environmental issues regarding the toll road that should also be investigated, and presented a substantiating document to the Deputy City Clerk. Shooting Incidents Mark Davidson, 266 Cecil Place, Costa Mesa, whose business is at 789 West 20th Street, reported that gun fire had been heard within 50 yards of his place of business twice during recent weeks. He l ;gave details of the two shooting incidents, and suggested that Council appoint a group charged with establishing a plan to end ,neighborhood terrorism and make the streets of Costa Mesa safe. Soffer Comments ISid Soffer, 900 Arbor Street, Costa Mesa, inquired if the City had received any money -saving ideas from City employees relating to his previous suggestion of offering a percentage of the money saved as an incentive. The City Manager responded that this plan was presently in effect, and a number of excellent suggestions had been ,received. Mr. Soffer submitted the idea of instituting competition 'between departments 'for improving efficiency with an award or prize. He commented that the City of Newport Beach is currently soliciting new business and working toward maintaining the ,businesses currently located in that area, and the City Manager stated that Costa Mesa supports the Business Round Table concept, ;two meetings have been conducted to date, and changes are currently, ,being investigated. Mr. Soffer referred to a memorandum from the Building Official regarding properties that did not have building permits on file for the original construction, stating that it was confusing since some properties without a permit were permissible, and others were not. The City Attorney clarified that even though some buildings did not have a permit on file, they were in compliance with the building code at the time they were constructed. CONSENT ;The following items ,were removed from the Consent Calendar: CALENDAR Item 3, Notice of Intention to Appeal or Solicit for Charitable Purpose from United Children's Fund; and Item 9, Agreement with Gordon Bricken and, Associate_ s to prepare the Victoria Street Acoustical Insulation Program. On motion by Council Member Buffa, seconded by Council Member Erickson, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: Genis, Hornbuckle, Buffa, Erickson NOES: None ABSENT: Humphrey READING FOLDER On motion by Council Member Buffa, seconded by Council Member Erickson, and carried 4-0, the following Reading Folder items were received and processed: Claims Claims received by, the City Clerk: Orville Amburgey; Pacific Bell; Denis Retoske; Gregory Allen Scafferty; Marc Steffani; Tracy & Ryder Landscape, Incorporated; and Daniel N. and Anna A. Williams., Alcoholic Alcoholic Beverage Licenses for which parking has been Beverage approved by the Planning staff. Lila and Shailesh Patel, doing Licenses business as L & M Dairy, 1712 Santa Ana Avenue; and Ngoc Chieu Anh and Manh Trans, doing business as Baker Mini Mart, 1145 Baker Street, Unit F. BUSINESS PERMIT Notice of Intention to, Appeal or Solicit for Charitable Purpose was Marisol, Inc. received from Marisol, Incorporated, 2123 Monrovia Avenue, Costa Mesa, by soliciting funds from March 9, 1993, to March 8, 1994. MOTION On motion by Council Member Buffa, seconded by Council Member Permit Approved 'Erickson, and carried 4-0, the permit was approved pursuant to , Municipal Code Section 9-127(d). 1 SET FOR PUBLIC - On motionby Council Member Buffa; seconded by Council Member HEARING Erickson" Resolution 93-16, A RESOLUTION OF THE CITY Weed Abatement COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DETERMINING AND DECLARING THAT RUBBISH AND MOTION WEEDS" ARE A PUBLIC NUISANCE; DIRECTING THE FIRE Resolution 93-16 CHIEF OR HIS DESIGNEE TO REMOVE SAID RUBBISH AND Adopted; Hearing DESTROY SAID WEEDS AS REQUIRED BY LAW; FIXING Set for April 5, THE TIME FOR HEARING ALL OBJECTIONS OR PROTESTS; 1993 AND DIRECTING THE ABATEMENT OF SAID RUBBISH AND WEEDS, setting a public hearing on April 5, 1993, at 6:30 p.m., in the Council Chambers of City Hall, was adopted by the following roll call vote: ADMINISTRATIVE Bids received for replacement of Pressure Washer Cleaning Facility ACTIONS AYES: Genis, Hornbuckle, Buffa, Replacement of Erickson Pressure Washer NOES: None Cleaning Facility ABSENT:. ..Humphrey Project No. 93-01 Santa Ana, for $52,800.00. The motion carried by the following WARRANTS On motion by Council Member Buffa, seconded by Council Member MOTION Erickson, Warrant Resolution 1541, funding City operating expenses MOTION in the amount of $1,340,904.56, and Payroll 9304 for Warrant 1541 and $1,227,488.00, were approved by the following roll "call vote: Payroll 9304 AYES: Genis, Hornbuckle, Buffa, Approved Erickson East 19th Street NOES: None Sidewalk Construction ABSENT: Humphrey ADMINISTRATIVE Bids received for replacement of Pressure Washer Cleaning Facility ACTIONS at the Corporation Yard, Project No. 93-01, are on file in the City Replacement of Clerk's office. On motion by Council Member Buffa, seconded by Pressure Washer Council Member Erickson, the contract was awarded to Metro Cleaning Facility Builders and Engineers Group, Limited, 2560 South Orange Street, Project No. 93-01 Santa Ana, for $52,800.00. The motion carried by the following roll call vote: MOTION AYES: Genis, Hornbuckle, Buffa, Awarded to Metro Erickson Builders and NOES: None Engineers ABSENT: Humphrey Notice of Completion East 19th Street Sidewalk Construction from Fullerton Avenue to. East 19th Street Irvine Avenue, Project No. 92-09, was completed to the satisfaction Sidewalk Construction of the Public Services Director on February 16, 1993, by Bopark Project No. 92-09 Enterprises, Incorporated, 8560 Vineyard Avenue, Suite 103, by Bopark Enterprises Rancho Cucamonga. On motion by Council Member Buffa, seconded by Council Member Erickson, the work was accepted; the MOTION City Clerk was authorized to file a Notice of Completion; authori- Work Accepted zation was given to release retention funds 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months there- after; and the Performance Bond was ordered exonerated 12 months thereafter. The motion carried by the following roll call vote: AYES: Genis, Hornbuckle, Buffa, Erickson NOES: None ABSENT: Humphrey Bid Item 708 The Finance Director recommended release of the Faithful Universal Building Performance Bond from Universal Building Maintenance Company, Maintenance 1562 Parkway Loop, Suite E, Tustin, in connection with the previous contract to provide janitorial services, Bid Item 708. On MOTION motion by Council Member Buffa, seconded by Council Member Bond Released Erickson, and carried 4-0, the bond was released. Maximum Rate On motion by Council Member Buffa, seconded by Council Member Schedule for 'Erickson, Resolution 93-17, A RESOLUTION OF THE CITY Towing Services COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, 'IMPLEMENTING THE MAXIMUM RATE SCHEDULE FOR MOTION CERTAIN TOWING: SERVICES PURSUANT TO SECTION 9 - Resolution 93-17 1284(a) OF THE COSTA MESA MUNICIPAL CODE, was adopted Adopted ;by the following roll call vote: AYES: Genis, Hornbuckle, Buffa, Erickson NOES: None ABSENT: Humphrey Costa Mesa Golf and ; On motion by Council Member Buffa, seconded by Council Member Country Club - Erickson, and carried 4-0, Council Police No. 800-2, concerning MOTION/Policy No. Costa Mesa Golf and Country Club Regulations and Policies, was 800-2 Rescinded rescinded as recommended by the City Manager. Leave for Ofer On motion by Council Member Buffa, seconded by Council Member MOTION 'Erickson, and carried 4-0, the request for a Leave of Absence Leave Approved without pay in excess of 90 days for Ann Ofer was approved. Leave for Cayssails On motion by Council' Member Buffa, seconded by Council Member MOTION Erickson, and carried 4-0, the extended sick leave request for Leave Approved Theresa L. Cayssails was approved. Landscape and Side- On motion by Council Member Buffa, seconded by Council Member walk Improvements Erickson, Resolution 93-18, A RESOLUTION OF THE CITY on Adams Avenue i COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE APPLICATION FOR FUNDS FOR THE MOTION TRANSPORTATION ENHANCEMENT ACTIVITIES PRO - Resolution 93-18 GRAM UNDER THE INTERMODAL SURFACE TRANSPOR- Adopted TATION EFFICIENCY ACT OF 1991 FOR THE FOLLOWING 'PROJECT: LANDSCAPE AND SIDEWALK IMPROVEMENTS ON ADAMS AVENUE FROM MESA VERDE DRIVE EAST TO SANTA ANA RIVER, was adopted by.the following roll call vote: AYES: Genis, Hornbuckle, Buffa, Erickson NOES : None ABSENT: Humphrey Bicycle Trail at On motion by Council Member Buffa, seconded.by Council Member Fairview Park Erickson, Resolution 93-19, A RESOLUTION OF THE CITY. COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION APPROVING THE APPLICATION FOR FUNDS FOR THE Resolution 93-19 TRANSPORTATION ENHANCEMENT ACTIVITIES PRO - Adopted GRAM UNDER THE INTERMODAL SURFACE TRANSPOR- TATION EFFICIENCY ACT OF 1991 FOR THE FOLLOWING PROJECT: BICYCLE TRAIL INSTALLATION AT FAIRVIEW PARK FROM CANARY DRIVE TO ESTANCIA HIGH SCHOOL, was adopted by the following roll call vote: AYES: Genis, Hornbuckle, Buffa, Erickson NOES: None ABSENT: Humphrey BUSINESS PERMIT Item 3 on the Consent Calendar was presented: Notice of Intention i to Appeal or Solicit for Charitable Purpose from United Children's United Children's Fund, 7601 Woodwind Drive, Huntington Beach, by soliciting funds Fund from March 9, 1993, to March 8, 1994. Mayor Genis requested clarification on the accounting of monies collected, that is, how much will actually reach the recipients. MOTION On motion by .Council Member Hornbuckle, seconded by Council Continued to Member Erickson, and , carried 4-0, this item was continued to the April 5, 1993 meeting of April 5, .1993, directing staff to contact the applicant and request' his presence at that meeting. Council Member Buffa requested staff : to address theitem. item pertaining to the percentage of contributions directed to the charity. Agreement with Item 9 on the Consent Calendar was presented: Agreement with Gordon Bricken Gordon Bricken and Associates, 1621 East 17th Street, Suite K, Santa Ana, for $19,120.00, to prepare the Victoria Street Acoustical Victoria Street Insulation, Program. Sid Soffer, 900 Arbor Street, Costa Mesa, Acoustical Insulation asked for an explanation of the contract. The Public Services Program Director reported that the Victoria Street Widening Project is complete and traffic patterns have been established, and the proposed study is required to determine if additional work needs to be accomplished on'. residences where sound walls were not placed. On MOTION motion by Council .Member Erickson, seconded by Council Member Agreement Approved Buffa, the agreement'was approved, incorporating the modification, "not to exceed $19,120.00", and the Mayor and City Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: Genis, Hornbuckle, Buffa, Erickson NOES: None ABSENT: Humphrey PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Fee for Female set for the public hearing to consider a resolution establishing a fee Arrestee Housing of $125.00 per day for female arrestees housed at the City of Huntington Beach jail. No communications were received. The Affidavit of Publication is on file in the City Clerk's office. The City Manager reviewed the Agenda Report dated February 19, 1993. Sid Soffer, 900 Arbor Street, Costa Mesa, questioned the refusal by the Orange County jail facility to accept females arrested for being drunk in public. The City Manager answered that the jail has set tight limitations on the individuals'that are accepted from cities, and this is an alternate solution since the Costa Mesa jail does not provide facilities for female prisoners. Mr. Soffer commented that it would be difficult to recover the fees from the arrestees. There being no other speakers, the Mayor closed the public'hearing. MOTION On motion by Council Member Hornbuckle, seconded by Council Resolution 93-20 Member Erickson, Resolution 93-20, A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, ESTABLISHING AND ADOPTING A FEE FOR POLICE DEPARTMENT SERVICES, was adopted by the following roll call vote: AYES: , Genis, Hornbuckle, Buffa, Erickson NOES: None ABSENT: Humphrey k31 PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Abatement of Public set for the public hearing to consider the abatement of a public Nuisance at 2172 nuisance at 2172 Orange Avenue. No communications were Orange Avenue received. The Deputy City Manager/Development Services summarized the Agenda Report dated March 10, 1993, stating that the subject 132 RECESS property is owned by Mrs. Edith.Randall and has been the subject of citizen complaints since approximately 1974. He explained that I the last two years the number of complaints have increased and the City's Building Inspection, Code Enforcement, the Fire Marshal, and the County Health Department have attempted to have the problem alleviated. He presented various: photographs taken by City inspectors, and a short videotape which illustrated the debris - strewn property. He ,reported that the greatest complaint of the neighbors was the problem of rodents and the Fire Department's concern with the amount of combustible material on the property. Council Member Erickson verified for the record that City staff has contacted various social agencies to work with the senior citizen occupant of this home. Tom Macduff, City of Costa Mesa Fire Marshal, expressed concern for the owner of the property, stating he had contacted Adult Protective Services on Mrs. Randall's behalf because she had indicated she was being abused by her son. He reported that in 1990, 8 dumpsters full of trash were taken from the property, but now litter on the property includes, but is not limited to, 40,000 new 8 -track videotapes, and at least 100 bicycles that have been on the property for 15 years., He responded to an inquiry from Council Member Hornbuckle by stating that the property presented a severe fire hazard and an imminent danger, expanding on the statement by relating that should there be a fire, the Fire Department's access is I xtremely limited. Tony C' de Baca, Assistant Development Services Director/Build- ing, reported that the County Health Department inspected the property at the City's request, and Vector Control had baited the property to attempt to mediate the rodent problem. Ruben Smith, son of Mrs. Edith Randall, same address, stated that A building permit had been issued for demolition of the building at the rear of the property, and 90 percent of the demolition had been I ccomplished; and a permit was issued for restructuring of the garage roof. He requested 30 days to complete the work, and clarification on some of the problems as listed in the Agenda Report. Sid Soffer, 900 Arbor Street, Costa Mesa, asked if Council had been provided a definition of "public nuisance". The City Attorney gave the definition and stated that Council had been provided this definition several times in the last few years. Mr. Soffer acknowledged -that the property needed attention but argued that the 'rodent problem was not necessarily caused by the debris. The Fire Marshal noted that the interior of the house is also littered with debris; and if there were a fire, Mrs. Randall would not be able to vacate the premises.' He and the Assistant Development Services Director reiterated that the property did pose an imminent danger, and proceeded to give the background for this determination. The Mayor declared a recess at 8:40 p.m., and the meeting reconvened at 8:55 p.m. Responding to questions from Council Member Buffa, Edith Randall declared that she did not deposit any of the debris onto her property, she has no use for it, and would like to have it removed. She told a story about how upsetting it is to have her home cluttered with debris. 1 There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Buffa, seconded by Council Directed Abatement Member Hornbuckle, to find that the public nuisance and housing of Public Nuisance code violations under Costa Mesa Municipal Code Title 5 and Title 13 exist at 2172 Orange Avenue, based on the evidence attached to the Agenda Report dated March 10, 1993, and that there exists an emergency situation threatening serious bodily harm or imminent substantial property damage due to those conditions; and based on those findings, to order the immediate abatement of the public nuisance pursuant to Costa Mesa Municipal Code Section 13-387(g), including the removal of any substandard conditions, public nuisance, and individual violations of the Uniform Housing Code, including the specific violations: and notations in the Agenda Report; authorizing the City Attorney to commence civil or criminal actions if the abatement efforts by City staff are obstructed by the occupants at 2172 Orange Avenue. The motion carried 4-0. NEW BUSINESS The Deputy City Clerk presented a request to sell surplus City Surplus City Property property located at the northeast corner of East 17th Street- and at East 17th and Newport Boulevard. The City Manager introduced Rick Pickering, Newport Assistant to the City Manager, who reviewed the Agenda Report dated March 11, 1993. - Sid Soffer, 900 Arbor Street, Costa Mesa, questioned the fact that bidders were to post cash deposits to cover appraisal costs, stating that this was not the time to place the burden on the potential buyer of the property. He suggested having an open bid, with the property sold to the highest bidder. He commented that it might be prudent to lease the property on a long-term basis and sell later. James Person, 507A 29th Street, Newport Beach, representing J. Brennan Cassidy, M.D., owner of Emergicenter Family Care, 131 East 17th Street, the property adjoining the subject parcel, supported the recommendations as outlined in the Agenda Report. He requested that bid documents contain adequate language to protect the City ' from potential defaults. He stated that persons submitting bids should be allowed to submit an application for development review at the same time. Jerry King, 130 Newport Center Drive, Newport Beach, representing Eugene Scarcello, Stonington Properties, 1706B Newport Boulevard, Costa Mesa, expressed a renewed interest in occupying this property, explaining that a previous attempt to purchase approximately 18 months ago failed due to the nonavailability of real estate loans. He reported that Mr. Scarcello has a designed a project which protects the current easements for Edison Company, the Water District and the City. He stated that his client would prefer to purchase the property; however, he would be open to a lease situation if it were more beneficial to the City. Mr. Soffer asked if a specific plan for the property would make it more beneficial to a prospective buyer for development purposes. Mayor Genis responded that normally a specific plan would not be done for just one piece of property. Motion Made to A motion was made by Council Member Erickson, seconded by Continue to Council Member Hornbuckle, to continue this item to the meeting April 5, 1993 of April 5, 1993, with specific direction to analyze a long-term ground lease, and to send out proposals to whomever is interested. 4 Council Member Erickson remarked that he was not interested in spending staff time to develop terms for a long-term lease until it was ascertained that there was definite interest on the part of the parties concerned. Council Member Buffa expressed concern that even with a continuance, only , the two parties present would respond. Mayor Genis's preference was for a lease, or a property exchange for land of like value. SUBSTITUTE A substitute motion was made by Council Member Buffa, seconded MOTION by Council Member Hornbuckle, authorizing the disposition of this Disposition of property; requesting staff to provide a Request for Proposal at the Property Authorized meeting of April 5, .1993, which includes the options of sale,. long- term lease, or property swap; with the final decision to advertise to be made at that time. The substitute motion carried 4-0. Motion to Authorize A motion was made by Council Member Hornbuckle, seconded by Appraisal Withdrawn Council Member Buffa, to authorize a current appraisal for the subject property. Council Member Erickson was hesitant to expend City funds for something that might not take place. Mayor Genis also felt this action would be premature. Mayor Hombuckle withdrew the motion. NEW BUSINESS The Deputy City Clerk presented City Attorney's Report No. 93 - Administration of 10A, and a proposed ordinance amending or repealing Costa Mesa City Government Municipal Code Sections 2-62, 2-156, 2-249, 2-262, 2-269, and 2- 312, relating to administration of City Government. The City Attorney reviewed his report and the proposed ordinance. Mayor Genis suggested changing the term "Councilman", and the City Attorney replied that "Council Member" would be more appropriate. Sid Soffer, 900. Arbor Street; Costa Mesa, pointed out that several issues, instead of one subject, are addressed in the ordinance. He spoke on the three-minute time limit for speakers. MOTION On motion by Council Member Buffa; seconded by Council Member Ordinance 93-8 Hornbuckle, Ordinance 93-8, AN ORDINANCE OF THE CITY Given First Reading COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING OR REPEALING SECTIONS 2-62, 2-156, 2-249, 2- 262, 2-269, AND, 2-312 OF THE COSTA MESA MUNICIPAL CODE RELATING TO ADMINISTRATION OF CITY GOVERN- MENT, was given, first reading and passed to second reading by the following roll call vote: AYES: Genis, Hornbuckle, Buffa, Erickson NOES: None ABSENT: Humphrey CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORT/Request for Government Code Section 54956.9(a) to discuss the following items: Closed Session: James Suehr v. City; of Costa Mesa, et al., Orange County Superior Suehr v. City, et al.; Court Case No. 64-45-40; Gregory Howell v. City of Costa Mesa, Howell v. City, et et al., Orange County Superior Court Case No. 70-38-24 (Island al.; Orco Block v. Trader); and Orco Block Company, Incorporated, doing business as Jameson Masonry, et Hazard Mart, v. James Jameson Masonry, et al., Orange County al. Superior Court Case No. 68-32-04 (Metro Fire Station). Mayor Genis announced that closed session would be held at the end of regular business. CITY MANAGER'S The City Manager reported that information on the State budget is REPORT still being received from Sacramento, and a report is being prepared for Council outlining options in terms of a community forum, a 1 1 �7 series of briefings for the City employees, and soliciting input from the public regarding programs and services they would like preserved in light of current economic conditions. COUNCIL Council Member Erickson reported that the Cable Television COMMENTS Committee's second hearing regarding cable services would be held Cable Television on April 7, 1993, at 7:00 p.m., at the Neighborhood Community Center. He stated that the Save Our Youth organization at Rea Save Our Youth Community Center hired a person to open and close their operation on a more regular basis, and an open house will be held soon. Council Member Buffa congratulated the Women's Basketball Team Youth Sports at Costa Mesa High School for ' their imminent trip to the State championships, and the Estancia Baseball Team's outstanding performance in. the Newport Elk's Tournament. Council Member Hbinbuckle thanked staff for the work done on the Public Nuisance public nuisance abatement on Orange Avenue. Mayor Genis announced that the next Canyon Park Cleanup day will Canyon Park Cleanup be April 24, 1993, and invited everyone to attend. At 10:00 p.m., the Mayor adjourned the meeting to a closed session ADJOURNMENT TO in the first floor conference room to discuss the items previously CLOSED SESSION announced by the City Attorney. The Mayor reconvened the meeting at 10:45 p.m., and the action MEETING taken during closed session was announced. RECONVENED Regarding James Suehr v. City of Costa Mesa, et al., Orange MOTION/Settlement County Superior Court Case No. 64-45-40, by a vote of 4-0, Authorized in Suehr settlement was authorized per the City Attorney's confidential v. City, et al., memorandum dated March 5, 1993. OCSC Case 64-45-40 In Gregory Howell v. City of Costa Mesa, et al., Orange County MOTION Superior Court Case No. 70-38-24 (Island Trader), by a vote of 4-0, Joint Defense defense of individual defendants Sandra Genis, Jay Humphrey, Mary Authorized in Hornbuckle, Peter Buffa, Joe Erickson, and Donald Lamm, was Howell v. City, authorized; potential conflict of interest between the City and et al., OCSC individual defendants was waived; and joint defense using James A. Case 70-38-24 Murphy of the law firm Murtaugh, Miller, Meyer & Nelson, 1120 West La Veta Avenue, Suite 700, Orange, was authorized. In Orco Block Company, Incorporated, doing business as Hazard Mart, v. James Jameson Masonry, et al., -Orange County Superior MOTION/Funding of Court Case No. 68-32-04 (Metro Fire Station), by a vote of 4-0, Interpleader Action funding of interpleader action from bond funds was approved as Authorized in Orco recommended in the City Attorney's confidential memorandum dated Block v. Jameson March 9, 1993. Masonry, et al., OCSC Case 68-32-04 The Mayor declared .the meeting adjourned at 10:50 p.m. ADJOURNMENT -- ATTEST: �1 -6 Mayor of the City of Costa Mesa - _ - City Clerk of the City of Costa Me