HomeMy WebLinkAbout10/17/1994 - City CouncilREGULAR MEETING OF THE CITY COUNCIL
CITY OF COSTA MESA
OCTOBER 17, 1994
The City Council of the City of Costa Mesa, California, met in
regular session October 17, 1994, 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 Conrad
Nordquist, St. John the Divine Episcopal Church.
ROLL CALL Council Members Present: Mayor Sandra Genis
Vice Mayor Jay Humphrey
Council Member Mary Hornbuckle
Council Member Peter Buffa
Council Member Joe Erickson
Council Members Absent: None
Officials Present: City Manager Allan Roeder
City Attorney Thomas Kathe
Deputy City Manager/Development
Services Donald Lamm
Public Services Director William
Morris
Deputy City Clerk Ruth Delaney
MINUTES On motion by Council Member Buffa, seconded by Council Member
October 3, 1994 Erickson, and carried 4-0, Vice Mayor Humphrey abstaining, the
minutes of the regular meeting of October 3, 1994, were approved
as distributed.
ORDINANCES AND A motion was made by Council Member Buffa, seconded by Council
RESOLUTIONS Member Erickson, and carried 5-0, to read all ordinances and
resolutions by title only.
PRESENTATION Charles Markel, Co -Chairperson for the Red Ribbon Committee,
Red Ribbon thanked the Police Department for providing exhibits for the Red
Committee Ribbon event which will be held at the Mesa Verde Shopping Center
on October 22, 1994. Mr. Markel recognized Debbie Boyer, Lynne
Bloomberg, and Ed Fawcett who organized this event. Firefighters
Rob Gagne and Bruce Pulgencio presented a check for $250.00 on
behalf of the Costa Mesa Firefighters Association.
ORAL COMMUNI- Mary Short, 2566-A Orange Avenue, Costa Mesa, explained that
CATIONS there is not enough curb space in front of her home for her
Parking Problem handicapped child to get on and off the school bus. She reported
that the Transportation Services Division had responded to her letter
stating that the current laws inhibit finding a solution to this
problem. Ms. Short asked if the City could provide a "No Parking"
sign to ensure that space would be available for the bus. The City
Manager responded that he will contact the Newport -Mesa Unified
School District, and stated that the City could adopt a regulation for
certain hours of the day for this purpose.
Candidates Forums Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, announced that a
City Council Candidates Forum sponsored by the Costa Mesa
Homeowners Association Alliance will be held on Thursday,
October 27, 1994, 6:30 p.m., in the Council Chambers. Mr.
Pizarek also reported that the Alliance has expanded to include
renters and the business community and will meet four times a year
to discuss issues that homeowners and businesses can work on
together.
Jim Ure, 1163 Salvador Street, Costa Mesa, representing the Costa
Mesa Republican Assembly, announced that a Candidates Forum
will be held for City Council, School Board, Sanitation District,
Community College Board, and Orange County Water Board, on
Wednesday, October 19, 1994, 7:00 p.m., at the Neighborhood
Community Center, 1845 Park Avenue.
Someone Cares Dorothy Adams, 220 Amherst Road, Costa Mesa, asked questions
Soup Kitchen concerning the Someone Cares Soup Kitchen on East 19th Street,
and complained about vagrants in the downtown area. The City
Manager reported that the Police Department has been working with
residents near the. Soup Kitchen. Council Member Erickson
encouraged Ms. Adams to become involved with organizations
seeking solutions to the Soup Kitchen problem.
The Reverend Will B. King, 2277 Harbor Boulevard, No. 1301,
Costa Mesa, commented that he and his friends patronize the
Someone Cares Soup Kitchen, and felt it is a worthwhile charity.
Speeding Vehicles Fred Muders, 940 West 19th Street, Costa Mesa, stated that he was
on 19th Street cited for parking a vehicle on his lawn; however, 25 other vehicles
parked on lawns in the neighborhood were not cited. He commented
that people drive 80 to 90 miles per hour on 19th Street and
requested a 35 miles per hour zone. Mayor Genis responded that
the Planning Commission will notify him when this matter will be
considered.
Transients at Kelly Blanco, 2161 Kristin Lane, Costa Mesa, complained about the
the Tahiti Inn transients at the Tahiti Inn, 450 Victoria Street. The City Manager
stated that the property owners and mortgage company have been
notified of this situation. Ms. Blanco asked if "Room for Rent"
signs may be displayed over a long period of time. The Deputy City
"Room for Rent" Manager/Development Services reported that a sign � under six feet
Signs square may be placed in the window of a home; however, there are
restrictions on rooming houses.
CONSENT The following items were removed from the Consent Calendar:
CALENDAR Item 3, A proposed ordinance on abandoned shopping carts; Item 6,
Costa Mesa City Hall and Police Facility ADA Compliance Drinking
Fountains; Item 7, Costa Mesa Police Department Toilet Rooms
ADA Remodel; Item 9, Agreement with sole source vendor Robert
Bein, William Frost and Associates (RBF) for Fairview Road/Baker
Street intersection improvements; Item 10, Agreement with the
Orange County Humane Society to provide animal shelter services;
and Item 11, Agreement with California Forensic Phlebotomy to
perform blood withdrawal and testing.
MOTION/Approved On motion by Council Member Hornbuckle, seconded by Vice
Except Items 3, 6, Mayor Humphrey, and carried 5-0, the remaining Consent Calendar
7, 9, 10, and 11 items were approved as recommended.
READING FOLDER The following Reading Folder items were received and processed:
Claims Claims received by the Deputy City Clerk: Robert Brandefine;
Jenny De La Cruz; Marjorie Marting; and Southern California
Gas Company.
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Alcoholic Beverage Alcoholic Beverage Licenses for which parking has been approved
Licenses by the Planning Staff: Helen M. Kao, doing business as China
West, 2300 Harbor Boulevard, No. 2; Barry Hermanson, doing
business as Kaplans CM, Inc., 3211 Harbor Boulevard; Dusadee
and Tipawan Bushyakanist, doing business as La Con, 1835
Newport Boulevard, Nos. D154 and D155; and Helene M.
Briggs, doing business as The Wrapper, 3333 Bear Street, No.
214; and 3333 Bristol Street, No. 2515.
Orange County/ Resolution from the City of Irvine opposing the Orange County/El
El Toro Initiative Toro Economic Stimulus Initiative.
BUSINESS PERMITS A request from J. C. Penney, 2300 Harbor Boulevard, for extension
Approved J. C. of time for a closeout sale, November 3, 1994, through January 31,
Penney Extension 1995, was approved.
SET FOR PUBLIC Resolution No. 9479.6, A RESOLUTION OF THE CITY COUNCIL
HEARING/Adopted OF THE CITY 4 COSTA MESA, CALIFORNIA, DECLARING
Resolution 94-96 ITS INTENTION TO ORDER THE VACATION OF A ONE -
Setting a Hearing on FOOT SIDEWALK EASEMENT AT 2750 GANNET DRIVE, was
November 21, 1994/ adopted, setting a public hearing on November 21, 1994, at 6:30
Gannet Drive p.m.
WARRANTS Warrant Resolution 1582, funding City operating expenses in the
Approved Warrant amount of $1,546,309.04; and Payroll 9419 for $1,314,168.89, were
1582; Payroll 9419 approved.
ADMINISTRATIVE Budget Adjustment No. 95-12 for $184,160.00, to provide an
ACTIONS/Approved adequate appropriation to fund the used oil recycling program, was
Adjustment 95-12 approved.
Adopted Resolution Resolution 94-97, A RESOLUTION OF THE CITY COUNCIL OF
94-97 Approving THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE
Submittal to OCTA SUBMITTAL OF THE CITY OF COSTA MESA IMPROVEMENT
PROJECTS TO THE ORANGE COUNTY TRANSPORTATION
AUTHORITY FOR FUNDING UNDER THE COMBINED
TRANSPORTATION FUNDING PROGRAM, was adopted.
Approved Change
Order No. 2 Change Order No. 2 for $42,923.00, to the contract with Centennial
Centennial Engineering, Inc., 17300 Red Hill Avenue, Suite 150, Irvine, in
Engineering I-405/ connection with construction management and inspection services for
Fairview, Project Construction of the I-405 Freeway at Fairview Road and South
Nos. 93-11A and Coast Drive Off -ramps, Project Nos. 93-11A and 93-11B, Federal
93-11B and ISTEA No. STPLN-5312(008), was approved.
Approved Fairview A request from the Fairview Park Committee to plant shrubs in a
Park Shrubs and portion of Fairview Park, and Budget Adjustment No. 95-13 for
Adjustment 95-13 $1,100.00 to provide funds for the project, were approved.
Abandoned Shopping Item 3 on the Consent Calendar was presented: City Attorney's
Carts Report No. 94-29A regarding a=proposed ordinance on abandoned
shopping carts and providing for abatement cost recovery. - Ed
Fawcett, Costa Mesa Chamber of Commerce, 1835 Newport
Boulevard, Costa Mesa, suggested setting the hearing on November
21, 1994, to enable the California Grocers Association to meet with
retailers to review this issue. Phil Morello, 1715 Samar Drive,
Costa -Mesa, President of the Wallace Avenue Improvement Group,
spoke in support of the ordinance since similar regulations appear to
be working in cities such as San Juan Capistrano. Will B. King,
2277 Harbor Boulevard, No. 1301, Costa Mesa, stated that grocery
stores do an excellent job of retrieving shopping carts, and should
MOTION not be charged for the cost of retrieving their carts. On motion by
Hearing Set for Council Member Hornbuckle, seconded by Vice Mayor Humphrey,
November 21, 1994 and carried 5-0, the hearing was set for November 21, 1994, at 6:30
P.M.
ADA Compliance The following Consent Calendar items were presented:
Drinking Fountains, Item 6, Costa Mesa City Hall and Police Facility ADA
Project 94-19 Compliance Drinking Fountains, Project No. 94-19.
Toilet Rooms, Item 7, Costa Mesa Police Department Toilet Rooms ADA
Project 94-20 4 Remodel, Project No. 94-20.
Agreement with ! Item 10 on the Consent Calendar was presented: An agreement with
O.C. Humane Society Orange County Humane Society, 21632 Newland Street, Huntington
for Animal Shelter Beach, in an amount not to exceed $39,000.00, to provide animal
and Related Services shelter and related services from October 16, 1994, to October 15,
1995. Sid Soffer; 900 Arbor Street, Costa Mesa, stated that the
amount seems excessive for animal shelters. The City Manager
responded that the City previously had contracts with the County of
Orange Animal Shelter and a private veterinarian who charged
MOTION considerably more than the Humane Society. On motion by Council
Agreement Approved Member Erickson, seconded by Vice Mayor Humphrey, and carried
Sid Soffer, 900 Arbor Street, Costa Mesa, addressing Items 6 and
7, asked why the City continues to spend money remodeling City
Hall for ADA Compliance since the Building Official had stated that
requirements had been met. He asked if restaurants were required
to comply with ADA.' The City Attorney responded that the
Americans with Disabilities Act (ADA) requires that the City be in
compliance or have commenced work by no later then January26,
1995, and that the work is on schedule. He also stated for the
record that City Hall did require retrofit work, and that all public
accommodations must comply with ADA requirements. On motion
MOTION
! by Vice Mayor Humphrey, seconded by Council Member
Project 94-19
Hornbuckle, and carried 5-0, the contract for Project 94-19 was
Awarded to Judson
awarded to Judson Plumbing, Inc., 416 East Cypress Avenue,
Plumbing
! Burbank, for $13,377.00.
MOTION
On motion by Vice Mayor Humphrey, seconded by Council Member
Project 94-20
Hornbuckle, and carried 5-0, the contract for Project 94-20 was
Awarded to Warvi
i awarded to Warvi Construction, Inc., 15931 Chemical Lane, No. C,
Construction
Huntington Beach, for $39,860.00
Agreement with
Item 9 on the Consent Calendar was presented: An agreement with
RBF for Fairview/
sole source vendor, Robert Bein, William Frost and Associates
Baker Improvements
(RBF), 14725 Alton Parkway, Irvine, for $27,600.00, to amend
plans and specifications for the Fairview Road/Baker Street
intersection improvements; and Budget Adjustment No. 95-09 for
$30,000.00, to fund the subject project. Sid Soffer, 900 Arbor
Street, Costa Mesa; objected to this item being sole source and
suggested that any additional work be put out to bid. The Public
Services Director explained that RBF had completed the plans and
specifications and stated that it would be more cost effective to have
them do any revisions. On motion by Vice Mayor Humphrey,
MOTION
seconded by Council Member Hornbuckle, and carried 4-0, Council
Agreement Approved;
Member Buffa abstaining, the agreement was approved, and the
Adjustment Approved
Mayor and Deputy City Clerk were authorized to sign on behalf of
the City; and Budget Adjustment No. 95-09 for $30;000.00, was
approved.
Agreement with ! Item 10 on the Consent Calendar was presented: An agreement with
O.C. Humane Society Orange County Humane Society, 21632 Newland Street, Huntington
for Animal Shelter Beach, in an amount not to exceed $39,000.00, to provide animal
and Related Services shelter and related services from October 16, 1994, to October 15,
1995. Sid Soffer; 900 Arbor Street, Costa Mesa, stated that the
amount seems excessive for animal shelters. The City Manager
responded that the City previously had contracts with the County of
Orange Animal Shelter and a private veterinarian who charged
MOTION considerably more than the Humane Society. On motion by Council
Agreement Approved Member Erickson, seconded by Vice Mayor Humphrey, and carried
5-0, the agreement was approved, and the Mayor and Deputy City
Clerk were authorized to sign on behalf of the City.
Agreement with Item 11 on the Consent Calendar was presented: A three-year
California Forensic agreement with California Forensic Phlebotomy, Inc., 2401 East
Phlebotomy for Blood 17th Street, Suite 179, Santa Ana, to perform blood withdrawal and
Testing testing, and testify in court as needed. Mayor Genis noted that this
contract has not been out for bid in six years. On motion by Mayor
MOTION Genis, seconded by Vice Mayor Humphrey, and carried 5-0, the
Staff directed to agreement was rejected, and staff was authorized to initiate the bid
Initiate Bid Process process.
OLD BUSINESS The Deputy City Clerk presented from the meeting of October 3,
Records Destruction 1994, a resolution authorizing records destruction for the Code
for Code Enforcement Enforcement Division. The Deputy City Manager/Development
Division Services reviewed the Agenda Report dated October 12, 1994, and
explained which files; were targeted for destruction.
Sid Soffer, 900 Arbor Street, Costa Mesa, asked what kind of
violations had occurred at nine addresses on the same street. The
Deputy City Manager/Development Services replied that Code
Enforcement Division deals with Municipal Code violations such as
cars parked on a lawn.
MOTION On motion by Council Member Erickson, seconded by Vice Mayor
Adopted Resolution Humphrey, and carried 5-0, Resolution No. 94-98,- A
94-98 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, AUTHORIZING RECORDS
DESTRUCTION FOR THE CODE ENFORCEMENT DIVISION,
DEVELOPMENT SERVICES DEPARTMENT, OF THE CITY OF
COSTA MESA PURSUANT TO ORDINANCE NO. 75-60, was
adopted.
NEW BUSINESS The Deputy City Clerk presented a resolution fixing the amount to
Illegal Signs be assessed as administrative costs for removal, storage, and
disposal of signs illegally placed in the City right-of-way. The
Deputy City Manager/Development Services summarized the Agenda
Report dated October 12, 1994.
Will B. King, 2277 Harbor Boulevard, No. 1301, Costa Mesa,
opposed any fee charged to individuals who post signs on public
property. The City Attorney explained that campaign, advertising,
or garage sale signs are treated equally, and if placed on public
property, fines will be imposed.
Fred Muders, 940 West 19th Street, Costa Mesa, asked if he could
post a "No Parking" sign on his private driveway. The City
Attorney responded in the affirmative.
Sid Soffer, 900 Arbor Street, Costa Mesa, commented that it would
be difficult to ascertain the person who posted the sign. Mayor
Genis explained that most candidates develop a sign tracking system.
John Feeney, 1154 Dorset Lane, Costa Mesa, asked if the $5.00 fee
assessed for the removal of each illegal sign will be effective. The
City Attorney clarified that the $5.00 fee is for the removal of each
sign; however, the City could fine up to $250.00 for repeat
violations.
MOTION On motion by Council Member Erickson, seconded by Council
Resolution'94-99 Member Hornbuckle, and carried 4-1, Council Member Buffa voting
Adopted no, Resolution 94-99, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF COSTA MESA, CALIFORNIA, FIXING THE
AMOUNT TO BE ASSESSED AS ADMINISTRATIVE COSTS
FOR THE REMOVAL, STORAGE AND DISPOSAL OF SIGNS
ILLEGALLY PLACED IN THE CITY RIGHT-OF-WAY, was
adopted.
NEW BUSINESS The Deputy City Clerk presented the 1993 Development Phasing and
1993 Development Performance Monitoring Program Report. The Deputy City
Phasing and Per- ! Manager/Development Services reviewed the Agenda Report dated
formance Monitoring October 6, 1994, reporting that traffic levels on all the major arterial
Program Report streets have decreased in total traffic counts between 10 and 15
percent in two years. The Public Services Director explained that
the City is still on the "OCTAM 2" system (Orange County Traffic
Analysis Model) which predicts regional traffic for those trips that
pass through Costa Mesa but do not originate in the City.
MOTION
Received and File
Report
RECESS
NEW BUSINESS
Proposition 187
Sid Soffer, 900 Arbor Street, Costa Mesa, asked if the developers
that paid trip end fees will receive a refund. He also stated that the
intersection of Harbor Boulevard and Adams Avenue is hazardous.
The Public Services Director replied that Harbor Boulevard and
Adams Avenue are major streets with high volumes of traffic and
the intersection needs to be widened to meet the demands. He
reported that the intersection is currently under design to provide a
third eastbound lane.
A motion was made by Council Member Erickson, seconded by
Council Member Buffa, and carried 5-0, to receive and file the
i Report.
The Mayor declared a recess at 8:00 p.m., and reconvened the
meeting at 8:15 p.m.
The Deputy City Clerk presented a request from Janet McCammon,
383 West Wilson Street, Apt. 3, Costa Mesa, for a Council
resolution endorsing Proposition 187. The City Manager reviewed
the Agenda Report dated October 12, 1994.
Janet McCammon reported on statistics regarding Proposition 187
and felt that endorsement would demonstrate that Council supports
legal citizens, fair immigration, and the taxpayer.
Ron Prince, Post Office Box 3121, Tustin, Chairman of the Save
Our State (S -O -S) campaign, commented that politicians have not
been responsive to the taxpayers of California regarding this issue,
and felt that the citizens of Costa Mesa have a right to know where
their elected officials stand on Proposition 187.
Paul Lovetere, 654 Park Drive, Costa Mesa, expressed his concerns
regarding Proposition 187.
Will B. King, 2277 Harbor Boulevard, No. 1301, Costa Mesa,
explained that the Federal Government needs to secure the borders
before considering Proposition 187.
James Wysopal, 284 East 18th Street, Costa Mesa, stated that the
citizens of Costa Mesa should know where Council stands on
Proposition 187.
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Fred Muders, 940 West 19th Street, Costa Mesa, wanted to know
the difference between legal and illegal aliens.
Frank Forbath; 2880 Clubhouse Road, Costa Mesa, commented that
Proposition 187 does nothing to solve the basic problems, and urged
the City Manager to prepare a report regarding financial impact and
the assessment of legal liability risks for the citizens of Costa Mesa
on the enforcement of Proposition 187.
Sid Soffer, 900 Arbor Street, Costa Mesa, stated that California has
the largest unprotected border in the world, and suggested that the
United States help Mexico create jobs as a solution.
Karen McGlinn, 1785 Hummingbird Drive, Costa Mesa, opposed
Council's taking a position on Proposition 187, stating that
individuals should make their own decisions.
John McGlinn, 17&Hummingbird Drive, Costa Mesa, was opposed
to Proposition 187 and asked Council not to support it.
John Feeney, 1154 Dorset Lane, Costa Mesa, recommended that no
action be taken by Council regarding Proposition 187.
Council Member Hornbuckle announced that the League of
California Cities will be holding their annual conference next week
regarding Proposition 187.
Motion in Support A motion was made by Council Member Buffa to make a formal
Died for Lack of expression of support for Proposition 187. The motion died for lack
a Second of a second.
MOTION A motion was made by Council Member Hornbuckle, seconded by
Request Received Council Member Erickson, and carried 4-1, Council Member Buffa
and Filed voting no, to receive and file the request from Janet McCammon for
a Council resolution endorsing Proposition 187. Mayor Genis
clarified that the City does not provide social services or education;
therefore, Proposition 187 would have a very limited effect.
NEW BUSINESS The Deputy City Clerk presented recommendations from the
Tobacco Control Substance Abuse Committee on Tobacco Control:
That the City Council go on record opposing California
Proposition 188.
That the City Council go on record as supporting Assembly Bill
13 as adopted by the California State Legislature and signed by
the Governor.
That the City Council provide direction on drafting a local
ordinance banning cigarette vending machines.
Karen Ursini, 1803 Hummingbird Drive, Costa Mesa, Chairperson
of the Substance Abuse Committee, explained that they have been
studying the effects of tobacco use and its relationship to preventable
death, and spoke at length on various issues listed in the Agenda
Report dated October 13, 1994.
Will B. King, 2277 Harbor Boulevard, No. 1301, Costa Mesa,
supported a City ban on cigarette vending machines.
Linda Kearns, 2863 Ellesmere Avenue, Costa Mesa, reported on a
survey that was taken 11 months ago of 189 businesses in Orange
County, San Diego, and Los Angeles counties, which indicated that
89 percent found no decrease in income; 9 percent had an increase,
and 3 percent experienced a decline due to strict smoking policies.
Nancy Palme, 1997 Kornat Drive, Costa Mesa, spoke on the risks
of secondhand smoke, and commended the Substance Abuse
'Committee for the completeness of their report. She also
encouraged Council to oppose Proposition 188.
Sid Soffer, 900 Arbor Street, Costa Mesa, objected to the
Government telling him what he can and cannot do in his restaurant.
James Wysopal, 284 East 18th Street, Costa Mesa, encouraged
Council to oppose Proposition 188.
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'Lynne Bloomberg, 710 Kings Road, Newport Beach, Drug, Alcohol,
and Tobacco Education Coordinator, Newport -Mesa Unified School
District, reported that the District will ban smoking on School
District property as of July 1, 1995, and encouraged Council to
oppose Proposition 188.
John Feeney, 1154 Dorset Lane, Costa Mesa, commented that
statistics contained in the Agenda Report dated October 13, 1994,
CITY ATTORNEY'S ! The City Attorney requested a closed session pursuant to
REPORTS/Request Government Code Section 54945.9(a) to discuss Howell v. City of
for Closed Session: Costa Mesa, Orange County Superior Court Case No. 67-89-76.
Howell v. City Mayor Genis announced that closed session would be held after
completion of regular business.
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were not accurate, nor was not an objective evaluation.
MOTION
A motion was made by Vice Mayor Humphrey, seconded by
Authorized
Council Member Buffa, and carried 3-2, Council Members Genis
Resolution Opposing
and Erickson voting no, to prepare a resolution opposing California
Proposition 188
Proposition 188.
MOTION
!Regarding the request for the City Council to go on record as
Request Regarding
supporting Assembly Bill 13 as adopted by the California State
AB 13 Received and
Legislature and signed by the Governor, a motion was made by Vice
Filed
Mayor Humphrey, seconded by Council Member Erickson, and
carried 5-0, to receive and file the request.
MOTION
; A , motion was made by Vice Mayor Humphrey, seconded by
Cigarette Vending
Council Member .Hornbuckle, directing staff to draft an ordinance
Machines Control
prohibiting juvenile use of cigarette vending machines. Council
Failed to Carry
Member Buffa stated that he would not support the motion because
the ordinance would be too intrusive upon businesses. Mayor Genis
commented that she would not support the motion, and requested
information on controlling access to cigarette vending machines prior
to drafting an ordinance. The motion failed to carry 3-2, Council
'Members Genis, Buffa, and Erickson voting .no.
Requested Substance
' Council Member Hornbuckle requested that the Substance Abuse
Abuse Committee to
Committee investigate what other cities have done to restrict the
Report on Cigarette
access of cigarettes to minors, and suggested presenting the report
Vending Machines
at a study session. Karen Ursini, 1803 Hummingbird Drive, Costa
Mesa, spoke about other cities statewide that have banned cigarette
vending machines completely.
CITY ATTORNEY'S ! The City Attorney requested a closed session pursuant to
REPORTS/Request Government Code Section 54945.9(a) to discuss Howell v. City of
for Closed Session: Costa Mesa, Orange County Superior Court Case No. 67-89-76.
Howell v. City Mayor Genis announced that closed session would be held after
completion of regular business.
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COUNCIL Council Member Erickson commended the Community Services
COMMENTS/Dog Department and the volunteers who raised funds to open the Dog
Park Opening Park at TeWinkle Park.
Halloween Safety; Vice Mayor Humphrey stated that the public needs to be cautious on
Candidates at Halloween night when the children are on the streets. He objected
Council Meetings to candidates using Council meetings as a political forum, and
suggested restricting them at the next Council Meeting.
"Dare Fair"; Mayor Genis reported that the "Dare Fair" is forthcoming, and that
"National Arts and October is "National Arts and Humanities" month. She thanked
Humanities Month" everyone involved with the opening of the Dog Park. The Mayor
noted that there -are 20,000 hispanics in the City of Costa Mesa, and
not all are illegal'.aliens.
ADJOURNMENT TO At 9:50 p.m., the Mayor adjourned the meeting to a closed session
CLOSED SESSION in the first floor Conference Room to discuss the item announced by
the City Attorney.
MEETING The Mayor reconvened the meeting at 10:05 p.m., and the action
RECONVENED taken during closed session was announced.
MOTION/Howell Regarding Howell v. City of Costa Mesa, Orange County Superior
Settlement Rejected Court Case No. 67-89-76, Council voted 5-0 to authorize the City
Attorney to reject the settlement offer as outlined in his confidential
memorandum dated October 11, 1994.
ADJOURNMENT The Mayor declared the meeting adjourned at 10:10 p.m.
Mayor of the City of Costa Mesa
ATTEST:
T.
Deputy City erk of the City of Costa Mesa