HomeMy WebLinkAbout02/21/1995 - City Councilwj x209
REGULAR MEETING OF THE CITY COUNCIL
CITY OF COSTA MESA
FEBRUARY 21, 1995
The City Council of the City of Costa Mesa, California, met in
regular session February 21, 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 Minister Andrew Wall,
Church of Christ.
ROLL CALL Council Members Present: Mayor Joe Erickson
Mayor Pro Tem Peter Buffa
Council Member Mary Hornbuckle
(arrived at 7:20 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
Public Services Director William
Morris
Community Services Director Keith
Van Holt
Captain Dave Brooks
Lieutenant John Fitzpatrick
Associate Planner Gabriel Elliott
Deputy City Clerk Mary Elliott
ORDINANCES AND A motion was made by Mayor Pro Tem Buffa, seconded by Council
RESOLUTIONS Member Genis, and carried 4-0, Council Member Hornbuckle
absent, to read all ordinances and resolutions by title only.
PRESENTATION Arlyn Gregorio; 2855 Serang Place, Costa Mesa, Student Body
Estancia High School Treasurer of Estancia High School, announced the addition of new
Report faculty members Marguerite Anatol, Principal; Helen Wall and Keith
Lock, Math Department. She reported on the following activities:
the Drama Department performed "Marathon 33" as its fall play,
and final auditions for "Kiss Me, Kate", the spring musical, are
being held; the band and drill team took second place in the
Pasadena Black History Parade and Festival; a Sadie Hawkins Day
dance and barbecue will be held on Friday, March 17, 1995; the
prom is scheduled for Saturday, May 13, 1995, at the Sequoia
Athletic Club; and a mystery train ride will be the Grad Night event
for which the students will be raising funds. Ms. Gregorio related
that Dan Johnson, Head Custodian, was Employee of the Month for
January, 1995, and 200 students have achieved the honor roll.
Mayor Erickson suggested calling Jill Stevens at 668-9310 for
information regarding the Estancia grad night fundraising.
PRESENTATION Charles Markel, 2951 Club House Road, Costa Mesa, Vice
Mesa Pride Drawing President of Mesa Pride, presented the Mesa Pride Eighth Annual
and Essay Contest Drawing Award, on the theme "My Favorite Store", to Jennifer Ann
Winners Krikorian, Third Grade Student at California School; and the Eighth
Annual Essay Award, on the theme "Which Costa Mesa Shopping
Center I Like Best and Why", to Lindsay Driscoll, Sixth Grade
Student at Kaiser School. Mayor Erickson presented a letter of
congratulations to the contest winners.
ORAL COMMUNI- Paulette Witt, 3054 Hayes Avenue, Costa Mesa, announced that
CATIONS Career Day for students at Costa Mesa High School would be held
Costa Mesa High on Wednesday, February 22, 1995, and asked for a volunteer guest
School Career Day speaker on the subject of government, to replace a speaker that had
Speaker cancelled. The City Manager replied that he would arrange to have
someone from the City attend. Mayor Erickson volunteered to
attend and present a short talk. Ms. Witt addressed the City's
proposed plans for the Costa Mesa High School farm property,
stating that she is in favor of the proposed sports complex because
more parents would be able to attend games in the evening because
of the lighted fields. Mayor Erickson suggested that Ms. Witt attend
the Parks, Recreation Facilities, and Parkways Commission meeting
on Wednesday, March 1, 1995, at 6:30 p.m., regarding this topic.
La Cueva Teen John LeVere, 695 Center Street, Costa Mesa, expressed thanks to
Dance the Mayor for his attendance at a La Cueva teen dance, and relayed
the comments and positive reactions he received from the young
people. Mayor Erickson commended Mr. LeVere for his work with
La Cueva, and reported that the dance was a well run event and the
young people were very well behaved.
Illegal Signs in Ernie Feeney, 1154 Dorset Lane, Costa Mesa, applauded staff for
Public Right -of -Way their efforts in producing ordinances to improve the community,
such as those relating to shopping carts and panhandling. Mrs.
Feeney complained about the profusion of illegal real estate and
apartment rental signs posted on weekends in the center medians and
in the public right-of-way. She asked if additional code enforcement
officers would be employed to enforce the new ordinances. The
City Manager responded that more code enforcement personnel will
be required, and there will be enforcement on weekends; however,
enforcement of panhandling laws will be under the jurisdiction of the
Police Department.
Sidewalk and Road Will King, Post Office Box 2795, Costa Mesa, asserted that the
Conditions streets and . sidewalks are in bad condition. The Public Services
Director answered. that there is a 24-hour pothole hotline number,
and the response time for repair is usually within 24 hours.
Police Problems Dorothy Adams, 220 Amherst Road, Costa Mesa, complained about
being put on hold for four to five minutes during a recent telephone
call for assistance to the Police Department. She suggested that
monies should be used to hire additional police officers and to
purchase additional police vehicles. The City Manager clarified that
the source of this problem had been with the telephone system rather
than an inadequate number of police officers.
Signs and Hotline Carl Bureman, 447 Princeton Drive, Costa Mesa, agreed with Mrs.
Feeney regarding the number of real estate signs posted in the
medians on weekends. He complimented the efficiency of the
pothole hotline.
Bernard Street Sid Soffer, 900 Arbor Street, Costa Mesa, reported that his Bernard
Property Street property had been posted, citing the upstairs and downstairs
as being uninhabitable. He explained that he has 10 days to obtain
a building permit and 30 days to complete the work, with a 30 -day
appeal period. The City Manager suggested meeting with the
Building Department to review the situation.
Disruption of Council Mayor Erickson explained to Mr. Will King that the City Attorney
Meetings had been consulted regarding Mr. King's practice of removing every
item from the Consent Calendar. The City Attorney had advised
that if items were removed solely for the purpose of delaying or
disrupting the meeting, Mr. King would be ruled out of order and
removed from the Council Chambers.
CONSENT The following items were removed from the Consent Calendar:
CALENDAR Item 2, Warrant Resolution 1591 and Payroll 9502; and Item 4,
Agreement with Gordon B. Jones and Associates to provide
consulting services for the I-405/SR-73 confluence improvements.
MOTION/Approved On motion by Mayor Pro Tem Buffa, seconded by Council Member
Except 2 and 4 Genis, and carried 4-0, the remaining Consent Calendar items were
approved as recommended.
READING FOLDER The following Reading Folder items were received and processed:
Claims Claims received by the Deputy City Clerk: Kern Arp; Melissa
Bento; Sharon Carpenter; Ramona Davila; Yanira Galdamez;
Edwin Geronimo Garcia; Steven Grijalva; Hertz Corporation;
James Lloyd Hurst; Dianna Kelly; Karen Kelly and Cristina
Kelly; Monica Kutz; and Ellis Park.
Alcoholic Beverage Alcoholic Beverage Licenses for which parking has been approved
Licenses by the Planning staff: Burger House, 799 West 17th Street; and
Diva, 600 Anton Boulevard, Suite 100.
ADMINISTRATIVE Budget Adjustment No. 95-33, decreasing grant revenue of
ACTIONS/Approved $15,000.00 from the Orange County Urban Parks Program, and
Adjustment No. 95-33 approving $6,000.00 from the Capital Outlay Contractual
for Downtown Center Improvements account, for the Downtown Community Center
Gymnasium Floor gymnasium floor, was approved.
Approved Change Change Order No. 2 for $4,830.00, to the contract with Bopark
Order 2 to Bopark Enterprises, Inc., 8560 Vineyard Avenue, Suite 103, Rancho
Contract for Senior Cucamonga, for handicap modifications at the Costa Mesa Senior
Center Modifications Center, was approved.
Accepted Work by Costa Mesa Police Department Toilet Rooms ADA Remodel, Project
Warvi for Police No. 94-20, was completed to the satisfaction of the Public Services
Department Toilet Director on January 26, 1995, by Warvi Construction, Inc., 15931
Rooms Remodel, Chemical Lane, Suite C, Huntington Beach. The work was
Project 94-20 accepted; the Deputy City Clerk was authorized to file a Notice of
Completion; authorization was given to release retention funds 35
days thereafter; the Labor and Material Bond was ordered
exonerated 7 months thereafter; and the Performance Bond was
ordered exonerated 12 months thereafter.
WARRANTS Item 2 on the Consent Calendar was presented: Warrant Resolution
1591 funding City operating .• .expenses in the amount of
$1,550,666.78; and Payroll 9502 for $1,266,776.58. Will King,
Post Office Box 2795, Costa Mesa, complained that the funding of
City operations and payroll seems to change, and proposed that some
of the payroll monies be utilized to paint buildings and homes
MOTION throughout the City. On motion by Mayor Pro Tem Buffa,
Approved Warrant seconded by Council Member Monahan, and carried 4-0, Warrant
1591/Payroll 9502 Resolution 1591 and Payroll 9502 were approved.
Council Member Hornbuckle arrived at 7:20 p.m.
I
Agreement with Item 4 on the Consent Calendar was presented: Agreement with
Gordon B. Jones for sole source vendor, Gordon B. Jones and Associates, 1345 La
I-405/SR-73 Improve- Mirada Street, Laguna Beach, for $86,000.00, to provide consulting
ments; Budget Adjust- services for the I-405/SR-73 confluence improvements; and Budget
ment No. 95-35 Adjustment No. 95-35 for $86,000.00. Will King, Post Office Box
2795, Costa Mesa, asked if the job could be done for less money.
Mayor Pro Tem Buffa explained that the monies would be. 100
percent reimbursed by the Transportation Corridor Agency (TCA),
and added that Gordon B. Jones and Associates have done an
excellent job on this project under the auspices of the TCA. Council
Member Genis pointed out that this company has extensive
experience, and the I-405/SR-73 confluence has been recognized by
Council as a major objective. Sid Soffer, 900 Arbor Street, Costa
Mesa, commented that this project is still funded by the taxpayer.
MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member
Agreement Approved; Hornbuckle, and carried 5-0, 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. 95-35 was approved.
PUBLIC HEARING The Deputy City Clerk announced that this was the time and place
PA -95-02 set for the public hearing for Planning Action PA -95-02, forwarded
from the Planning Commission meeting of January 23, 1995, for
variances from interior garage dimensions (10 by 20 feet required;
'7 feet 10 inches by 17 to 19 feet proposed), and garage door width
dimensions (9 feet required; 7 to 8 feet proposed), in conjunction
with legalization of converted carports to garages in the City's
Housing Code Enforcement areas bordered by West 18th Street to
the north, Wallace Avenue to the west, Pomona Avenue to the east,
and Shalimar Drive to the south, in an R3 zone. Environmental
Determination: Exempt. The Affidavits of Publishing and Mailing
are on file in the City Clerk's office. A communication was
received from John ' Brown, owner of a fourplex at 711 Shalimar
Drive, supporting conversion of the carports.
The Deputy City Manager/Development Services reviewed the
Agenda Report dated February 6, 1995. He showed illustrations of
a vicinity map, and a site plan of typical units in the area. The
Associate Planner clarified that the garages which have already been
constructed have not been inspected because a majority of the
properties have absentee owners.
Gary Johnson, 707 Shalimar Drive, Costa Mesa, reported that many
of the carports are built on a slope, and retaining walls have been
installed which restrict access. He commented that his garage has
been enclosed for at least 12 years in order to secure the parking
area and upgrade the neighborhood. He made note that many of the
garages built already have permits. Mr. Johnson opposed the
Condition of Approval which prohibits the use of individual
partitions, many of which have already been installed and would
have to be removed.
Jim Jones, 2004 Calvert Avenue, Costa Mesa, whose mother-in-law
owns property on James Street, stated that many of these dwellings
are on the verge of collapse, and the alleys are inadequate. He
supported the conversion to garages; however, took issue with the
Condition of Approval which required garage doors to be equipped
with a see-through grill or steel mesh.
Chet Cawthon, 717 West 18th Street, Costa Mesa, spoke in favor of
the conversion to garages citing safety from vandalism and the need
to provide safe living conditions for his tenants as his primary
concerns; however, he opposed placing grills on the garage doors.
Mary Di Pietro, owner of the property at 710 James Street, reported
that she had installed garage doors approximately six years ago
because of problems in the neighborhood.
Doug Ciralli, owner of 703, 706, and 724 Shalimar Drive, stated
that the main issue regarding the conversion is the safety and well-
being of the tenants. He explained that the area is riddled with
crime, and garages would be a positive step to improve the situation.
He opposed using steel mesh on the garage doors.
Sid Soffer, 900 Arbor Street, Costa Mesa, objected to the steel mesh
on the garage doors as an invasion of privacy.
Conrad Forler, owner of the property at 717 James Street,
complained about the littering, graffiti, and crime problems in the
neighborhood.
Joe Acone, owner of the property at 716 Shalimar Drive, disagreed
with several of the Conditions of Approval; however, supported the
conversion.
Mary Jo Gelzer, manager of the Vista Verde Mobile Home Park,
1741 Pomona Street, reiterated that most of the owners of properties
affected by this planning action are absentee, and only a small
percentage are taking an active interest. She detailed problems in
the park that are dealt with on a daily basis, and supported the
conversion.
Jon Michaelson, representing the property owner at 730 James
Street, disapproved of the concept of using steel mesh on the garage
door, and commented that the alley on James Street was in dire need
of an upgrade. The City Manager clarified that the alley is private
property and efforts have been made to unite the property owners
and form a benefit assessment district; however, to date this
endeavor has not been successful.
There being no other speakers, the Mayor closed the public hearing.
MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member
Resolution 95-12 Hornbuckle, and carried 5-0, Resolution 95-12, A RESOLUTION
Adopted OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, APPROVING PLANNING ACTION PA -95-02,
was adopted, deleting Condition of Approval Nos. 10 and 12.
Council Member Genis stated that initially she did not support this
item but had been positively influenced by the number of concerned
property owners. She suggested that the owners, in conjunction with
the City, pursue solutions for the other outstanding situations in this
neighborhood. Mayor Erickson supported the motion but expressed
concern regarding the condition of the alleys.
RECESS The Mayor declared a recess at 8:30 p.m., and reconvened the
meeting at 8:40 p.m.
OLD BUSINESS The Deputy City Clerk presented from the meeting of January 16,
Santa Ana Avenue 1995, methods of providing safe Class 2 bike lanes on Santa Ana
Bike Lanes Avenue between Del Mar Avenue and Costa Mesa Street.
h4
MOTION On motion by Council Member Hornbuckle, seconded by Mayor Pro
Continued to Tem Buffa, and carried 5-0, this item was continued to the meeting
March 20, 1995 of March 20, 1995.
OLD BUSINESS The Deputy City Clerk presented from the meeting of February 6,
Athletic Fields 1995, development of Costa Mesa High School agricultural land for
athletic fields: Reallocation of State 1988 Bond Act Per Capital
grant funds, designated for development of Fairview Park, to the tot
lot project; Budget Adjustment No. 95-38 for $236,400.00; and
preparation of Site -Specific Agreement No. 4 with the Newport -
Mesa Unified School District for athletic field development. A
communication was received from Ed Keane, 2777 Lorenzo Avenue,
Costa Mesa, regarding drainage of the proposed athletic field and
possible liability. Mayor Erickson announced that Site -Specific
Agreement No. 4 will be discussed at the Parks, Recreation
Facilities, and Parkways Commission meeting on Wednesday, March
1, 1995, 6:30 p.m., in the Council Chambers of City Hall. The
Community Services Director reviewed the Agenda Report dated
February 8, 1995.
Will King, Post Office Box 2795, Costa Mesa, stated that property
values would decrease because of the athletic fields. Mayor
Erickson informed Mr. King that the current subject was reallocation
of a State grant for tot lots.
MOTION A motion was made by Council Member Hornbuckle, seconded by
Resolution 95-13 Council Member Genis, and carried 5-0, to approve the reallocation
Adopted; Adjustment of the State grant, funds; to adopt Resolution 95-13, A TH
Approved RESOLUTION OF E CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, APPROVING THE APPLI-
CATION FOR GRANT FUNDS FOR THE -PER CAPITA GRANT
PROGRAM UNDER THE CALIFORNIA WILDLIFE, COASTAL,
AND PARK LAND CONSERVATION ACT OF 1988 FOR THE
REPLACEMENT OF TOT LOT EQUIPMENT AT BRENTWOOD,
DEL MESA, GISLER, PINKLEY, SMALLWOOD, WAKEHAM,
AND WILSON PARKS; to approve Budget Adjustment No. 95-38;
and to continue Site -Specific Agreement No. 4 to the meeting of
March 6, 1995.
NEW BUSINESS The Deputy City Clerk presented the Emergency Repair of
Emergency Repair of Helicopter Engines:
Helicopter Engines
Contract with Aviall, 6114 Forest Park, Dallas, Texas, for
$26,520.00, to repair the turbine engine for Helicopter No.
N144CM; and a resolution finding and determining that the public
interest requires waiving the bid process for emergency repairs.
Change Order for $22,473.00, to Bid Item No. 971, National
Airmotive Corporation, 2508 Palm Drive, Long Beach, to
overhaul the engine for Helicopter No. N244CM; and a resolution
finding and determining that the public interest requires waiving
the bid process for emergency repairs.
Captain Dave Brooks, Costa Mesa Police Department, summarized
the Agenda Reports dated February 10, 1995.
Will King, Post Office Box 2795, Costa Mesa, asked for an
explanation of the role of the helicopter in fighting crime. Captain
Brooks, explained that helicopters are basically used in patrol and to
follow-up on calls, and the advantage is their mobility, speed, and
vantage point. Mr. King suggested cutting back to one helicopter
and using the funds in other areas.
Sid Soffer, 900 Arbor Street, Costa Mesa, declared his support for
the helicopter program.
MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member
Hornbuckle, and carried 5-0, the following action was taken:
Contract Ratified; The contract with Aviall was ratified, and Resolution 95-14, A
Resolution 95-14 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
Adopted COSTA MESA, CALIFORNIA, FINDING AND
DETERMINING THAT THE PUBLIC INTEREST REQUIRES
WAIVING THE BID PROCESS FOR THE EMERGENCY
REPAIRS TO THE ENGINE OF THE POLICE DEPARTMENT
HELICOPTER, was adopted;
Change Order The change order to Bid Item No. 971 was ratified, and
Ratified; Resolution Resolution 95-15, A RESOLUTION OF THE CITY COUNCIL
95-15 Adopted OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING
AND DETERMINING THAT THE PUBLIC INTEREST
REQUIRES WAIVING THE BID PROCESS FOR THE
EMERGENCY REPAIRS TO THE ENGINE OF THE POLICE
DEPARTMENT HELICOPTER, was adopted.
Council Member Hornbuckle commented that since the City has
participated in the Joint Powers Agreement (JPA) for helicopter
patrol, the service is the best it has ever been; however, ideally
some of the costs for helicopter repairs and new helicopters will be
covered by the JPA sometime in the future.
NEW BUSINESS The Deputy City Clerk presented the City -imposed user fee for
Citation Sign -off citation sign -off. Lt. John Fitzpatrick, Costa Mesa Police
User Fee Department, summarized the Agenda Report dated February 9,
1995.
Sid Soffer, 900 Arbor Street, Costa Mesa, concurred that this
service should not bear a fee.
Will King, Post Office Box 2795, Costa Mesa, agreed that the fee
should be eliminated.
MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member
Fee Eliminated Genis, and carried 5-0, the fee was eliminated.
NEW BUSINESS The Deputy City Clerk presented City Attorney's Report No. 95-9B
Panhandling regarding the following ordinances:
Ordinances
An ordinance adding Section 10-169 to the Costa Mesa Municipal
Code to prohibit persons from standing, sitting, or occupying
street medians for any purpose, including but not limited to
aggressive panhandling.
An ordinance adding Chapter XI to Title 11 of the Costa Mesa
Municipal Code to prohibit aggressive panhandling.
The City Attorney reviewed his report dated February 15, 1995.
Greg Hickman, 208 Rochester Street, Costa Mesa, owner of All
Creatures Care Cottage, 1912 Harbor Boulevard, applauded the
proposed ordinances, stating that the problem is intense in his area.
d: 3
Mayor Erickson explained that according to the ordinance, aggres-
sive panhandling is a crime, and the police should be called to site
these individuals. The City Attorney pointed out that there are other
means available to deal with persons who are loitering for illegal
purposes, such as a form letter which is being prepared by his office
regarding illegal trespass. Mayor Erickson announced that a Town
Hall Forum would be held on Wednesday, March 1, 1995, at
6:30 p.m., at the Neighborhood Community Center, to discuss
similar issues.
Larry Weichman, 1175 Boise Way, Costa Mesa, voiced support for
the ordinances, and asked if they covered the persons who panhandle
in close proximity to the freeway onramps and offramps. The City
Attorney replied that there are various ordinances to cover the many
aspects of the panhandling problem.
Jean Forbath, 2880 Club House Road, Costa Mesa, asked the City
Attorney for a definition of Penal Code Section 647(c). He
responded that the section addressed the issue of begging or
soliciting alms for which the person may be cited. Ms. Forbath
believed that the ordinances were open to interpretation and might
be difficult to enforce because of the difficulty in deciding what was
"aggressive" behavior. She suggested that the City investigate the
cause of the problems.
Will King, Post Office Box 2795, Costa Mesa, spoke on behalf of
the homeless.
Tim Lewis, 2075 Harbor Boulevard, Costa Mesa, stated that he can
deal with the homeless that are in the vicinity of his business on
Harbor Boulevard; however, has a definite problem with a
neighboring business which blocks traffic while unloading
automobiles. The City Attorney explained that the California
Vehicle Code would deal with Mr. Lewis's predicament. Mr. Lewis
asserted that there are many aggressive acts that he has witnessed
which should also be addressed.
Council Member Genis asked if the ordinance which relates to
persons occupying the center median would also apply to persons
placing signs, such as real estate signs, in the median. The City
Attorney responded that it would cover that situation.
Sid Soffer, 900 Arbor Street, Costa Mesa, complained that
ordinances will not solve the problem. He asked if the citizen who
is being intimidated will be required to sign a complaint and appear
in court. The City Attorney answered that he could be required to
testify as a witness but not in every case.
Margaret Walshe, 178 East 20th Street, Costa Mesa, expressed
appreciation for the ordinances, stating that the homeless are
increasingly causing problems for citizens. She enumerated
incidents which have occurred in her neighborhood.
The City Attorney clarified that peaceful soliciting for alms and
begging would not be in violation of the ordinance.
MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member
Monahan, and carried 5-0, the following ordinances were given first
reading and passed to second reading:
Ordinance 95-3 Ordinance 95-3, AN ORDINANCE OF THE CITY COUNCIL
Given First Reading OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING
SECTION 10-169 TO TITLE 10 OF THE COSTA MESA
MUNICIPAL CODE PROHIBITING AGGRESSIVE
PANHANDLING.
Ordinance 95-4 Ordinance 95-4, AN ORDINANCE OF THE CITY COUNCIL
Given First Reading OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING
CHAPTER XI TO TITLE 11 OF THE COSTA MESA
MUNICIPAL CODE PROHIBITING AGGRESSIVE
PANHANDLING.
In addition, the City Manager was directed to prepare an
agreement with the State of California which would allow
enforcement of the City's ordinances on State property adjacent to
local freeways.
Mayor Pro Tem Buffa stated that he found the word "homeless" to
be meaningless as it is a catch-all for substance abusers, the mentally
ill, and those who have encountered economic misfortune. He
explained that the people who would be targeted by these ordinances
are basically con men.
Council Member Genis supported the motion but asked for legal
amplification regarding condemning aggressive conduct when it is
associated with certain types of speech, i.e., asking for alms, but not
associated with other types of speech. She requested a copy of
People v. Zimmerman (1993) for her review.
Council Member Monahan concurred with the Mayor Pro Tem's
concerns regarding the use of the word "homeless", and stated that
aggressive panhandling is an affront to all citizens.
CITY ATTORNEY'S The City Attorney requested a closed session pursuant to
REPORT/Request Government Code Sections 54956.9(a) and 54956.9(c) to discuss
for Closed Session: Orange County and Orange County Treasurer's Pool (Bankruptcy
Orange County Case Nos. SA 94-22272 Jr and SA 94-22273 JR; Motion No. SA
Treasurer's Pool 025991 JER). Mayor Erickson announced that closed session would
be held after completion of regular business.
Sid Soffer, 900 Arbor Street, Costa Mesa, commented that closed
session is normally held in regard to litigation, and there cannot be
litigation during bankruptcy. Mayor Erickson explained that during
a bankruptcy proceeding, there is a creditor and a debtor which is
a legal proceeding that' would allow for closed session.
COUNCIL Council Member Monahan thanked Charles Markel and the Kiwanis
COMMENTS Club for the invitation to a luncheon last week. He announced that
Council Agendas/ members of the public may :obtain copies of Council agendas and
Minutes minutes by providing _the City - Cl&rk with self-addressed stamped
envelopes. He stated that appli-alions are being accepted in the City
Planning and Parks Manager's office for the _ a' nriing Commission and the Parks,
Commissions Recreation Facilities, and -Parkways Commission. He urged citizens
to vote in the -upcoming elections. He thanked the Police
Department and Chief Snowden for the recent ride -along.
Open Line Costa Council Member Genis announced that the Human Relations
Mesa Committee started a new endeavor called "Open Line Costa Mesa",
which is an opportunity for citizens to make their voices heard. She
encouraged citizens to tune in and participate. She reiterated that
the meeting on Wednesday, March 1, 1995, at the Neighborhood
Community Center will be conducted by the Human Relations
Committee, and thanked them for their work.
Pot Hole Hotline Mayor Erickson announced that the Pot Hole Hotline number is 642-
1721. He also thanked the Human Relations Committee for their
work on the March 1 meeting, and reminded citizens of the Parks,
Recreation Facilities and Parkways Commission meeting on March
1, 1994, to discuss the Costa Mesa High School farm site.
ADJOURNMENT TO At 9:50, the Mayor adjourned the meeting to a closed session in the
CLOSED SESSION first floor Conference Room to discuss the Orange County
Treasurer's Pool.
MEETING The Mayor reconvened the meeting at 10:30 p.m., and the action
RECONVENED taken during closed session was announced.
MOTION Regarding the Orange County and Orange County Treasurer's Pool
Legal Fee Approved; (Bankruptcy Case Nos. SA 94-22272 Jr and SA 94-22273 JR;
Decision Ratified Motion No. SA 025991 JER), Council received a report from the
City Attorney on recent litigation, motions, and objections. By a
vote of 5-0, Council approved the offer to compromise and pay the
Troy & Gould legal fee bill as outlined in the City Attorney's
confidential memorandum dated February 17, 1995, for joint
representation of the City, the Costa Mesa Redevelopment Agency,
and the Costa Mesa Sanitary District, accept the District's offer to
reimburse for its share of the bill, and ratified the City Attorney's
decision to retain Thomas- Coleman of Troy & Gould, on an "on
call" basis after February 16, 1995.
ADJOURNMENT The Mayor declared the meeting adjourned at 10:35 p.m.
Mao of the City of Costa Mesa
ATTEST:
Deputy City Jerk of the City of Costa Mesa