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HomeMy WebLinkAbout01/03/1995 - City Council173 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JANUARY 3, 1995 The City Council of the City of Costa Mesa, California, met in regular session January 3, 1995, 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 Pastor Cliff Rapp, Orange Coast Free Methodist Church. ROLL CALL Council Members Present: Mayor Joe Erickson Mayor Pro Tem Peter Buffa Council Member Mary Hornbuckle (arrived at 7:15 p.m.) Council Member Sandra Genis Council Member Gary Monahan Council Members Absent: None Officials Present: City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Development Services Donald Lamm Assistant City Engineer Ernesto "Munoz Police Chief David Snowden Building Official Tony C'de Baca Senior Planner Willa Bouwens-Killeen Assistant Finance Director Marc Davis Deputy City Clerk Mary Elliott MINUTES On motion by Mayor Pro Tem Buffa, seconded by Council Member December 19, 1994 Genis, and carried 4-0, Council Member Hornbuckle absent, the minutes of the regular meeting of December 19, 1994, were approved. ORDINANCES AND A motion was made by Mayor Pro Tem Buffa, seconded by Council RESOLUTIONS Member Genis, and carried 4-0, to read all ordinances and resolutions by title only. ORAL COMMUNI- Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, commented that CATIONS the Costa Mesa Citizens Transportation Alternative Study Group Bridge Alternative would like clarification of the City's position on possible funding of Study the alternative study since the County of Orange is experiencing financial difficulties. Mayor Erickson responded that the City had budgeted monies for this expenditure. The City Manager suggested that the Committee complete its work, decide the financial requirements, and. approach each City involved. Council Members Charles Patterson, 2191 Harbor Boulevard, No. 26, Costa Mesa, Recognized welcomed Council Members Monahan and Buffa, and thanked Council Members Erickson and Genis for their efforts on behalf of the City. Orange County Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Orange Bankruptcy County bankruptcy issue and was of the opinion that any fault ultimately lies with the citizens who elect the officials. He pointed out that printouts showing where City monies are being invested are i i 174 available to the public from Newport Beach and Costa Mesa. The Assistant Finance Director confirmed that he was in possession of a month-end report for Mr. Soffer. Complaints About Will King, 2277 Harbor Boulevard, Costa Mesa, complained that the Staff City Manager and several staff members kept odd hours. Council Member Genis explained that the City Manager's appearance at City Hall was not always at regular hours as he had many early morning meetings with various agencies, as well as a regularly scheduled breakfast meeting with herself to discuss City business. Bankruptcy; Council John Moorlach, 1055 El Camino Drive, Costa Mesa, commended Term Limits Mayor Erickson on his leadership of the City. He expressed 1 concern with the Finance Director's handling of the City's investment in Orange County's Investment Pool, stating that he thought that the City's problems could have been avoided. Mr. Moorlach suggested adopting an ordinance requiring term limits for City Council members. The City Attorney explained, that Costa Mesa is a General Law City and term limits cannot be established; j however, term limits could be created if Costa Mesa became a Charter City. Mayor Erickson asked the City Attorney to prepare a report on the steps required to change to a Charter City, with a copy to be sent to Mr. Moorlach. William R. Smith, Heather Somers, 313 Robin Hood Lane, Costa Mesa, Eastside Jr., Closed Session Homeowners Association, addressed Item (a) under the City Attorney's Reports, possible litigation against William R. Smith, Jr., which was requested by Council Member Monahan who has asked for a restraining order against Mr. Smith. She objected to using taxpayer's monies to support this litigation, and felt that this item should be discussed in open session. Mayor Erickson responded that results would be announced immediately after closed session. The City Attorney stated that public testimony could be taken before the closed session. City Manager Nancy Palme, 1997 Kornat Drive, Costa Mesa, Costa Mesa Citizens Commendation Transportation Alternative Study Group, objected to persons coming into this City and maligning its officials. She commended the City Manager for the time he has invested in the Bridge Study Group and in the City. Dorothy Adams, 220 Amherst Road, Costa Mesa, complimented the City Manager for assistance provided to her and for an overall job well done. CONSENT The following items were removed from the Consent Calendar: CALENDAR Item 2, Notice of Intention to Appeal or Solicit for Charitable Purpose from Dorothy Brown School, Inc.; Item 4, Claims from Robert Brant, Thomas W. Burton, Edwardo Ponce, Cain Rodriguez, and Karen T. Spilly; Item 5, Purchase of Driving Under the Influence Trailer and Equipment from sole source vendor, Mighty Mover Trailers, Inc.; Item 6, Renewal of agreement with the County of Orange Sheriff -Coroner Department for joint helicopter maintenance; Item 7, First Amendment to Telephone Location Agreement with Pay -Tel America, Inc.; Item 8, Change Order No. 1 to the contract with M. F. Bolster Flooring Company, for Downtown Community Center gymnasium floor; Item 9, Resolution approving and authorizing execution of Program Supplement Nos. 006 through 012 to State Local Transportation Agreement No. SLTPP-5312; and Item 10, Amendment No. 1 to the Trust 1 Agreement, Lease Agreement, and Sublease Agreement for Center Tower Public Parking Project. MOTION/Approved On motion by Mayor Pro Tem Buffa, seconded by Council Member Except Items 2, 4, 5, Genis, and carried 4-0, Items 1 and 3 on the Consent Calendar were 6, 7, 8, 9, and 10 approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Donna Caffey; Gilbert G. Caruso; Ron Doehrman; Glenn Gustafson; Young C. Kim; Steven and Carol McCray; and Mark Roeder and Katherine Yarnall. Alcoholic Alcoholic Beverage License for which parking has been approved Beverage by the Planning staff: Southwood Liquor, doing business at 2200 License South Harbor Boulevard, No. A140. Southern California Application No. 94-12-006 from Southern California Gas Gas Application Company filed with the Public Utilities Commission requesting for Rate Increase approval to increase rates to recover costs incurred during the January 17, 1994, Northridge earthquake. WARRANTS Warrant Resolution 1588, funding City operating expenses in the Approved Warrant amount of $1,288,951.88; and Payroll 9425 for $1,263,288.71, were 1588; Payroll 9425 approved. BUSINESS PERMIT Item 2 on the Consent Calendar was presented: Notice of Intention to Appeal or Solicit for Charitable Purpose from Dorothy Brown Dorothy Brown School, Inc., 3502 South Normandie Avenue, Los Angeles, by door - School to -door distribution of poly bags for the collection of clothing and general household items from January 4, 1995, to January 4, 1996. Council Member Genis stated that the school had previously been contacted by the City's Code Enforcement personnel; however, they did not respond quickly to the City's concerns. She also mentioned that their application was not very detailed, and requested that more information be provided. Nancy Palme, 1997 Kornat Drive, Costa Mesa, reported that the information provided on the Dorothy Brown School's solicitation application fails to comply with a majority of the requirements contained in Municipal Code Section 9-221. She asked that Council delay approval of this application until the school provides a complete application. Will King, 2277 Harbor Boule- vard, Costa Mesa, asked why the City regulated this type of MOTION collection of materials. A motion was made by Council Member Continued Until Genis, seconded by Mayor Pro Tem Buffa, and carried 4-0, to Additional Informa- continue this item until such time as additional information is tion is Obtained obtained. Mayor Pro Tem Buffa stated that he would like to ascertain exactly what the school is, who they serve, and like information preferably from a school representative. REJECTED CLAIMS Item 4 on the Consent Calendar was presented: Claims from Robert Brant, Burton, Ponce, Brant (residential mail box and foundation damaged by contractor); Rodriguez, and Spilly Thomas W. Burton (vehicle damaged during curb and gutter rehabilitation); Edwardo Ponce, a minor, by and through his guardian ad litem, Ceclia Ponce (injured at Estancia High School); Cain Rodriguez (bicyclist collided with City lawn edger); and Karen T. Spilly (injured while attending a Pacific Amphitheater event). Will King, 2277 Harbor Boulevard, Costa Mesa, thought that the policy of rejecting all the claims presented to Council was wrong. MOTION Claims Rejected ADMINISTRATIVE ACTIONS Sole Source Purchase of DUI Trailer from Mighty Mover Trailers MOTION/Purchase and Adjustment Approved On motion by Council Member Genis, seconded by Council Member Monahan, and carried 4-0, all claims were rejected. Item 5 on the Consent Calendar was presented: Purchase of Driving Under the Influence (DUI) Trailer and Equipment from sole source vendor, Mighty Mover Trailers, Inc., 224 North Sherman Avenue, Corona, for $15,000.00, using Office of Traffic Safety (OTS) grant funds. The City Manager clarified that the purchase of the DUI trailer and equipment for $15,000.00 is being funded by a grant from State of California Office of Traffic Safety, and this item should include Budget Adjustment No. 95-26 to cover the monies being received. On motion by Council Member Genis, seconded by Mayor Pro Tem Buffa, and carried 4-0, the purchase of equipment and Budget Adjustment No. 95-26 were approved. Council Member Hornbuckle arrived at 7:15 p.m. Renewal of Agree- Item 6 on the Consent Calendar was presented: Renewal of ment with County for Agreement with the County of Orange Sheriff -Coroner Department Helicopter Mainte- for joint helicopter maintenance. Will King, 2277 Harbor nance Boulevard, Costa Mesa, stated that the use of helicopters should be reconsidered. On motion by Council Member Genis, seconded by MOTION Mayor Pro Tem Buffa, and carried 5-0, renewal of Agreement No. Renewal Approved N0000000560 was approved, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Amendment to Agree- Item 7 on the Consent Calendar was presented: First Amendment ment with Pay -Tel to the Telephone Location Agreement with Pay -Tel America, Inc., America for Jail 907 Clocktower Drive, Springfield, Illinois, to continue providing Facility Telephone telephone services in the Police Department jail facility. The City Services Manager clarified that the First Amendment is actually an extension of the agreement, and requested that the time frame be through MOTION December, 1995. On motion by Council Member Hornbuckle, Amendment Approved seconded by Mayor Pro Tem Buffa, and carried 5-0, the amendment was approved as recommended by the City Manager, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Change Order No. 1 Item 8 on the Consent Calendar was presented: Change Order No. to M. F. Bolster 1 to the contract with M. F. Bolster Flooring Company, 5020 Contract for Down- Bleecker Street, Baldwin Park, for $6,118.00, to replace the town Community "sleepers" which support the Downtown Community Center Center gymnasium floor. Will King, 2277 Harbor Boulevard, Costa Mesa, asked why the additional monies were being requested since a contract had previously been awarded to replace the flooring. Mayor Erickson suggested that Mr. King read the Agenda Reports which are made available to the public. The City Manager explained that the gymnasium floor had to be pulled up before determining if there was a need for the "sleepers", and clarified for Council Member Genis that the City has adequate monies to MOTION complete this project. On motion by Council Member Hornbuckle, Change Order seconded by Council Member Monahan, and carried 5-0, the change Approved order was approved pursuant to Council Policy No. 700-1. Agreements with Item 9 on the Consent Calendar was presented: Resolution State for Supplement approving and authorizing execution of Program Supplement Nos. Nos. 006 through 012 006 through 012 to the State Local Transportation Partnership to State Local Trans- Program Agreement No. SLTPP-5312 between the State Department portation Partnership of Transportation and the City; and Agreements for Supplements Program No. 006 (Elm Street, Nevis Circle, Ponderosa Street, and Royal Palm Drive); No. 007 (22nd Street from Newport Boulevard to Santa Ana Avenue); No. 008 (Charle Street from Bernard Street to S ,._7.177 Hamilton Street); No. 009 (Orange Avenue from 15th Street to 17th Street); No. 010 (Federal Avenue from 19th Street to Victoria Street); No. 011 (Arbor Street from Republic Avenue to Continental Avenue); and No. 012, Linden Place from Republic Avenue to end of the cul-de-sac). Council Member Buffa stated that he would abstain from voting on this item because the street on which he lives is included; and Council Member Genis stated that she would abstain because of the proximity to her home. Sid Soffer, 900 Arbor Street, Costa Mesa, suggested placing a note on the agenda advising the public that Consent Calendar Agenda Reports are located in the two black binders in the vestibule of the Council Chambers. On motion MOTION by Council Member Monahan; seconded by Council Member Resolution 95-1 Hornbuckle, and carried 3-0, Council Members Buffa and Genis Adopted, Agreements abstaining, Resolution 95-1,'A RESOLUTION OF THE CITY Approved COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING AND AUTHORIZING EXECUTION OF SUPPLE- MENT NOS. 006,;,007, 008, 009, 010, 011, AND 012 TO THE STATE LOCAL TRANSPORTATION PARTNERSHIP PROGRAM AGREEMENT BETWEEN THE STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF COSTA MESA, was adopted; the agreements were approved, and the Public Services Director and Deputy City Clerk were authorized to sign on behalf of the City. Amendment 1 to Item 10 on the Consent Calendar was presented: Amendments No. Agreements with 1 to the Trust Agreement, Lease Agreement, and Sublease Center Tower Asso- Agreement with Center Tower Associates, 3315 Fairview Road, ciates for Public Costa Mesa, for the $14 million Certificates of Participation for Parking Project construction of the Center Tower Public Parking Project. Council Member Genis stated that the amendment seemed to be "lines floating in a vacuum" as opposed to tying them to the original contract, and asked that this not occur in the future. She suggested that income from the parking project be directed to public benefit, perhaps contributing the revenues obtained on weekends and after certain hours in the evening to the Performing Arts Center. She commented that she would like to continue this item until such time as this has been achieved. The Assistant Finance Director reviewed the basics of the original agreement, explaining that all costs associated with this project with be borne by the developer. Chase McLaughlin, 3315 Fairview Road, Costa Mesa, reported that the proposed changes are technical adjustments of the existing documents that were signed in 1984, and explained the project. He stated that it would be difficult to direct monies to the Performing Arts Center because all revenue from the parking structure is MOTION pledged to the bond issue. On motion by Council Member Genis, Continued to seconded by Mayor Pro Tem Buffa, and carried 5-0, this item was January 16, 1995 continued to the January 16, 1995, meeting. MOTION Later in the meeting, the City Manager stated that it was critical that Reconsideration of action be taken on Consent Calendar Item 10 this evening. Council Item 10 Member Genis complained that this item had been left to a late date which now made it an urgent matter. A motion was made by MOTION Council Member Genis, seconded by Council Member Hornbuckle, Amendment Approved and carried 5-0, to reconsider this item. After reconsideration, a motion was made by Council Member Genis, seconded by Council Member Hornbuckle, and carried 5-0, to approve Amendments No. 1, to the Trust Agreement, Lease Agreement, and Sublease Agreement, to authorize the Mayor and Deputy City Clerk to sign on behalf of the City subject to approval by the City's Bond Counsel and the City Attorney; and directing the property owner and bond holder to negotiate in good faith with the City Attorney and the Performing Arts Center concerning a public benefit to the j Performing Arts Center. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Appeal of PA -94-47, set for the public hearing to consider an appeal of the Planning Tedesco/Sheth Commission's revocation of Planning Action PA -94-47, from Thomas J. Tedesco, Esq., 171 South Anita Drive, Suite 201, Orange, representing Suresh B. Sheth, for a Conditional Use Permit to allow continued operation of the 86 -unit Coastal Inn, 2374 Newport Boulevard/ 115 Santa Isabel Avenue/ 114-120 East Wilson Street, in a C1 zone. Environmental Determination: Exempt; and City Attorney to abate the public nuisance. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. Communications were received from: L., M. Anderson, 2546 Orange Avenue, Unit D, Costa Mesa, objecting to eviction of tenants without sufficient notice; Joseph T. Vallejo, owner of property at 2384 Newport Boulevard, Costa Mesa, supporting revocation of the Conditional Use Permit; Ron Christenson, 10 -year resident of the Coastal Inn, urging Council to find another solution to the problem rather than closing the motel; Gregory and Jill Streit, 117 East Wilson Street, No. F, Costa Mesa, supporting closure of the motel; Betty Lou Evans, owner of property at 125 Santa Isabel Avenue, Costa Mesa; objecting to the continued operation of the Coastal Inn; and Chris Deyden, 151 Georgeanne Place, Costa Mesa, urging Council to put the property to better use. The Deputy City Manager/Development Services summarized the Agenda Report dated December 23, 1994, and showed slides of the subject property. Mayor Erickson stated that one copy of a fairly large document prepared by interested homeowners was received at the Council Study Session directly preceding the meeting. Thomas Tedesco, 171 South Anita Drive, Suite 201, Orange, the applicant's representative, stated that there are violations on the property but the City's inspectors and the Planning Commission have acknowledged that the property has progressed; however, they are dissatisfied with the rate of progression. He reported that from the time of the Planning Commission hearing on November 28, 1994, until today, the property is in total compliance. He commented that the concerns of the local adjacent landowners have been addressed, and the hotel today is neatly kept, well -landscaped, and does not pose a safety or a health hazard. Mr. Tedesco stated that the swimming pool, though not filled, is securely fenced, all electricity and power to that area have been turned off, and a determination will be made whether to use the pool or not. He stated that the property owner has obtained a planning and draining permit for the parking lot, and it will be completed section by section. ' The following persons spoke in opposition to allowing the Coastal Inn to continue operation because of undesirable tenants, bug infestation, general disrepair of the property, and safety hazards: Mike Foley, 201 La Costa Court, Costa Mesa, owner of a business across the street from the Coastal Inn; Michael Dunlevie, 245 East 1 Wilson Street, Costa Mesa, member of the Eastside Homeowners Association Board of Directors; Chet Winebright, 415 Montana j Avenue, Santa Monica, part owner of the property at 2346 Newport Boulevard (submitted a list of Wilson Terrace Homeowners, attached to a letter from Gregory and Jill Streit, who support closure of the Coastal Inn); Anne Dunlevie, 245 East Wilson Street, Costa Mesa; Charles Hofmann, 350 Rochester Street, Costa Mesa, owner of property at 117 East Wilson Street; Sharin Centner, 2867 Hickory Place, Costa Mesa, head maid for the Coastal Inn (showed photo- graphs); Christine Taylor, 117 East Wilson Street, No. B, Costa Mesa; Steve Burris, 2379 Ellen Avenue, Costa Mesa; Barbara E. Winebright, 154 San Vicente Boulevard, Santa Monica, part owner of the property at 2346 Newport Boulevard; Jeff Carlson, 2379-A Elden Avenue, Costa Mesa; Richard Lombardy, owner of a business at 2346 Newport Boulevard, Costa Mesa; Jim Vinson, 233 East Wilson Street, Costa Mesa; Tom Walker, 128 East Wilson Street, Costa Mesa; and Dorothy Adams, 220 Amherst Road, Costa Mesa. RECESS The Mayor declared a recess at 8:30 p.m., and reconvened the meeting at 8:40 p.m. In response to questions from Mayor Pro Tem Buffa, the Building Official explained that in May, 1994, the applicant was issued a notice that a new Xonditional Use Permit (CUP) was required because Planning -staff had determined that one permit should be obtained for the entire project. The Senior Planner explained that the majority of the buildings were under various CUP's, and the new, all-inclusive CUP was issued August 8, 1994. The Deputy City Manager/Development Services addressed questions from Council Member Genis regarding the status of the Coastal Inn as a Single Room Occupancy (SRO) motel. Dave Snowden, Costa Mesa Police Chief, reported that the Coastal Inn is a blight on the community. He stated that there is an extreme amount of police activity for a motel of this size, and the owner has been made aware of the narcotics violations. MOTION A motion was made by Mayor Pro Tem Buffa, seconded by Council Upheld Planning Member Genis, and carried 5-0, to uphold the Planning Commission's Revo- Commission's revocation, directing the City Attorney to begin cation of PA -94-47; procedures to have this facility declared a public nuisance and have Continued to that public nuisance abated; that this public hearing shall be January 16, 1995 continued to the meeting of January 16, 1995, during which time the owners will have the opportunity to; indicate any progress made, including a financing plan for additional required corrections; however, if significant progress has not been made, the City Attorney is authorized to commence litigation; with the findings that evidence has been documented from the Orange County Environmental Health. Department of violations going back to March, 1989; that this is not a recent occurrence, but an on-going problem, and that this motel has operated in its present condition as MOTION a public nuisance. Later in the meeting, a motion was made by Resolution 95-2 Mayor Pro Tem Buffa, seconded by Council Member Hornbuckle, Adopted and carried 5-0, to amend the previous motion to include the adoption of Resolution 95-2, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE REVOCATION OF PLANNING ACTION PA -94-47. NEW BUSINESS The Deputy City Clerk presented a resolution demanding that the Orange County Orange County Board of Supervisors, et al., provide full and open Bankruptcy disclosure of all facts regarding the Orange County bankruptcy Proceedings proceedings. The City Manager reviewed the Agenda Report dated 'December 29, 1994. Council Member Genis was disturbed by the phrase "Harbor Area citizens in Costa Mesa and Newport Beach" since Newport Beach did not have a representative at the joint meeting the previous week w' 180 to discuss the resolution, and this is a City of Costa Mesa resolution. Mayor Erickson responded that the inclusion of Newport Beach had been at the request of the Newport -Mesa Unified School District. Will King, 2277 Harbor Boulevard, Costa Mesa, opposed the resolution. i Nancy Palme, 1997 Kornat Drive, Costa Mesa, remarked that a positive result of the bankruptcy is that citizens will have better access to County government, elected officials, and department managers; and those in City government who deal with the County on a daily basis will be treated honestly and fairly. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, Chairman of the Costa Mesa Homeowners' Associations, supported the resolution, and suggested that an ongoing relationship between the citizens and the County Board of Supervisors be established. Mayor Erickson stated for the record that a Council study session would be held later in the year with Supervisor Jim Silva and Assemblywoman Marilyn :Brewer. Council Member Genis reported that Supervisor Roger Stanton often attends League of Cities meetings. MOTION A motion was made by Council Member Hornbuckle, seconded by Resolution 95-3 Council Member Genis, and carried 5-0, to adopt Resolution 95-3. Adopted A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DEMANDING THAT THE j ORANGE COUNTY BOARD OF SUPERVISORS, ET AL., PROVIDE FULL AND OPEN DISCLOSURE OF ALL FACTS ;REGARDING THE ORANGE COUNTY BANKRUPTCY PROCEEDINGS, changing the first line from, "Harbor Area citizens in Costa Mesa and Newport Beach" to "Costa Mesa citizens", and Ithereafter replacing "Harbor Areawith "Costa Mesa". NEW BUSINESS The Deputy City Clerk presented a request to file complaints Public Access regarding Public Access Programming: Letter to the Federal Programming i Communications Commission (FCC); and Letter to Copley/Colony Communications Corp. requesting that Public Access Programming j produced by "Dr. Delgado" not be aired until resolution of the FCC jcomplaint. The City; Manager reviewed the Agenda Report dated j December 29, 1994, stating that a letter had been received from Colony Communications outlining their position. Council Member Genis commented that it is possible to lock out the public access channel; but since there are many good programs on this channel, she felt that another channel should be added as a substitute. Jeff Davis, Copley/Colony Cablevision, 575 Anton Boulevard, Costa Mesa, emphasized that Copley/Colony did not object to Council seeking further clarification or determination from the FCC with respect to the public access issue; however, he suggested altering the second portion of the item by directing City staff to meet with his office staff to discuss Copley/Colony's general`public access policies and procedures. Mayor Erickson stated for the record that he understood that the program in question was no longer being aired. Mr. Davis responded that Copley/Colony's programming policy is to run programs that have been submitted for a limited number of times, and no recent submittals have been -received similar to the program in question. He then clarified the lock -out option. Will King, 2277 Harbor Boulevard, Costa Mesa, spoke in support of cable television. Council Member Genis explained that a complaint had been received from a citizen on this matter; however, another citizen also found the program to be very graphic and objectionable. MOTION A motion was made by Council Member Hornbuckle, seconded by Letter to FCC Council Member Genis, and carried 5-0, authorizing the Mayor to Authorized send a letter to the FCC requesting that they institute programming guidelines in order to prevent this type of problem in the future, and directing staff to meet.with Copley/Colony representatives regarding the public access programming. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORTS/Request Government Code Section 54956.9(c) to discuss the following items: for Closed Session: Consider initiating, litigation against William R. Smith, Jr.; and City Smith Litigation; of Costa Mesa v. Orange County, Orange County Treasurer's Pool. and Orange County He explained that it would not be necessary to discuss the Coastal Treasurer's Pool Inn and owners, Suresh and Gunvantia Sheth in closed session. Mayor Erickson announced that closed session would be held after completion of regular business. Council Member Genis referred to the resolution to the Orange County Board of Supervisors stating that citizens have a right to know, without endangering the City's position in any litigation, the City's position regarding the Orange County bankruptcy, as well as other general matters. Mayor Erickson announced that two members of the audience wished to speak about the items listed under City Attorney's reports. Will King, 2277 Harbor Boulevard, Costa Mesa, spoke on behalf of William Smith. Heather Somers, 313 Robin Hood Lane, Costa Mesa, addressed the William R. Smith, Jr., item, asking: ;why Council would consider initiating litigation proceedings for an incident which occurred well before Mr. Monahan became a City Council Member. Motion Died for Lack Council Member Genis stated that she did not support initiating of a Second litigation and also did not believe that it should be discussed in closed session. She made a motion that this item be discussed in open session. The motion died for lack of a second. Mrs. Somers stated that Costa Mesa taxpayers should not incur costs for personal litigation and restraining order. The City Attorney responded that if a public official in his official capacity is being harassed, then the City has the ability to obtain relief. Mrs. Somers felt that the citizens of Costa Mesa should get a fair and open appraisal of this proposed litigation. She asked if the City Attorney's confidential memorandum would be available to the public, and he responded in the negative. Mayor Erickson explained that any action taken during closed session would be announced immediately after the closed session is adjourned.. Motion Died for Lack Council Member Genis made a motion that the matter of William R. of a Second Smith, Jr., not be discussed in closed session. The motion died for lack of a second. Mayor Erickson commented that he would like to hear from the Council Member involved in this matter. Council Member Genis commented that it was reprehensible for the taxpayer 18 2 SII to pay the bill for an issue which originated from a personal dispute occurring well before election to Council. Council Member Monahan responded that at this point he is just examining options. CITY MANAGER'S The City Manager advised Council that the next Council meeting .REPORT will be held on January 16, 1995, which is Martin Luther King, Jr., Martin Luther King, i Day. He commented that last year, Council had discussed moving Jr., Day j this meeting to Tuesday evening. He confirmed that the three City Employees Associations had not selected this as a floating holiday, and the meeting would be held on Monday as scheduled. Council Member Hornbuckle reiterated that she felt the meeting should be j put off until Tuesday. Council Member Genis stated that there are numerous special days throughout the year that should be looked at in a comprehensive manner. Mayor Erickson suggested discussing this matter at a future study session. COUNCIL j Council Member Monahan asked the City Attorney to prepare a COMMENTS resolution for the State of California legislature to allow General Term Limits ! Law cities to determine, or for the State to give General Law cities the opportunity, to impose term limits. He also requested a report from the City Attorney on changing from a General Law city to a Charter city. Mayor Pro Tem Buffa asked the City Attorney to investigate overall effects of operating as a Charter city, including the term limit issue. Council Member Hornbuckle stated that the City Attorney had previously prepared a report on term limits, and suggested that Mr. -Monahan obtain a copy from his office. "No Scavenging" 1 Council Member Genis reported that "No Scavenging" signs for Signs trash cans may be obtained from the 4th floor in City Hall at no charge. She addressed the problem of hotels which have become de SRO Hotels facto Single -Room Occupancy (SRO) hotels, stating that this has become an increasing problem and needs to be investigated City - Orange County wide. She mentioned that she reported the Tahiti Inn and the Coral Bankruptcy Reef motels to Code Enforcement and the Police Department because there are many long-term residents and problems with illegal activities. Council Member Genis commented that the press and the public should be kept apprised of the bankruptcy situation, and suggested a regular report, either a press release or cable report. Office Hours and Mayor Erickson announced that he will have normal office hours at Brown Bag Lunch ! City Hall on Wednesday, 5:00 p.m. to 6:30 p.m., in the Mayor's office on the 5th floor. He also announced a "Brown Bag Lunch" for City employees at noon on the first Wednesday of every month in the fifth floor conference room. ADJOURNMENT TO At 10:05 p.m., the Mayor adjourned the meeting to a closed session CLOSED SESSION in the first floor Conference Room to discuss the items announced by the City Attorney. MEETING The Mayor reconvened the meeting at 11:15 p.m., and the action RECONVENED taken during closed session was announced. i No Action Taken in Regarding initiating litigation against William R. Smith, Jr., the City Smith Litigation Attorney gave a report. No action was taken. No Action Taken in Regarding City v. Orange County; Orange County Treasurer's Pool City v. Orange (OCTP), the City Attorney reported that the City commenced County; OCTP litigation in the Orange County bankruptcy case, and the City's Motion for Relief from the automatic stay is set for hearing on January 26, 1995, in' the Bankruptcy Court. No action was taken. ADJOURNMENT The Mayor declared the meeting adjourned at 11:20 p.m. J64-��t Ma r of the City of Costa Mesa ATTEST: 1. Deputy City lerk of the City of Costa Mesa 183