Loading...
HomeMy WebLinkAbout08/17/1992 - City Council0 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA AUGUST 17, 1992 The City Council of the City of Costa Mesa, California, met in regular session August 17, 1992, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by Pastor Bruce Jeske, Christ Lutheran Church. ROLL CALL Council Members Present: Mayor Mary Hornbuckle Vice Mayor Sandra Genis Council Member Peter Buffa Council Member Jay Humphrey Council Member Joe Erickson Council Members Absent: None Officials Present: City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Development Services Donald Lamm Acting Public Services Director Peter Naghavi Community Services Director Keith Van Holt Finance Director Susan Temple City Clerk Eileen Phinney MINUTES On motion by Council Member Buffa, seconded by Council Member August 3, 1992 Erickson, and carried 5-0, the minutes of the regular meeting of August 3, 1992, were approved as distributed. ORDINANCES A motion was made by Council Member Buffa, seconded by Council Member Humphrey, and carried 5-0, to read all ordinances by title only. ORAL COMMUNI- Roberta Jorgensen, President, American Institute of Architects of CATIONS Orange County, made a brief presentation on the A.I.A., stating the Orange County chapter was founded 40 years ago, in 1952, with 19 Orange County members, and today the number has grown to almost 1,000 A.I.A. members, with headquarters in Costa Mesa. She commended the City for the redevelopment efforts in the Harbor and Newport Boulevard areas and for the support of quality theater, retail, office, and day -and -evening -oriented development in the Town Center Metro area. Costa Mesa Bicycle Robert Graham, 2865 Chios Road, Costa Mesa, expressed concern Trails regarding removal of the bicycle trail on the Costa Mesa Golf Course property south of Tanager Drive from the Master Plan of Bikeways. He presented a slide illustrating a proposed Costa Mesa Beach Bikeway from Harbor Boulevard and Merrimac Way to Huntington Beach State Park which included the portion of the trail that had been eliminated. Mayor Hornbuckle asked the City Manager for a written report on this item. McDonald's on Janice Davidson, 1982 Arnold Avenue, Costa Mesa, asked about 19th Street negotiations with McDonald's Restaurants to reorganize the entry x_.40 4 and exit situation at 635 West 19th Street. The Acting Public Services Director reported that the design changes are complete, and as soon as a minor problem with Pacific Telephone Company is resolved, the project will commence. Construction Noise Nancy Palme, 1997 Kornat Drive, Costa Mesa, representing Mesa Verde Homeowners Association, spoke about the noise problem at the Santa Ana Riverproject since construction is now beginning at 4:30 a.m. She asked for the City's assistance in resolving this problem, and the Mayor asked the City Manager to follow up. Tract 14470 Kenge Ling, CDS Engineering, 18002 Skypark Circle, Irvine, CDS Engineering referred to his letter of August 12, 1992, petitioning the Council for a time extension to complete the conditions imposed upon Tract 14470 for a five -unit condominium at 2176 Pacific Avenue, and he stated the problem had been resolved with staff. Goat Hill Decision Sid Soffer, 900 Arbor Street, Costa Mesa, reported that the California Supreme Court had ruled that the opinion regarding Goat Police Substation Hill Tavern would be published, and the City had lost the case. He Building Permit addressed the lack of a building permit in the City's reconstituted file for the Police Substation on West 18th Street. Mayor Hornbuckle asked the City Manager to prepare a report on the status of the building permit in question. CONSENT The following items were removed from the Consent Calendar: CALENDAR Item 2, Setting a public hearing for Butler-O'Bryon Single Room Occupancy Hotel; Item 4, Agreement with Caltrans for landscaping of State Route 55; Item 5, Agreement with the County of Orange for financing of the Adams Avenue Rehabilitation project; Item 6, Resolution fixing the tax rate and levying a property tax; and Item 7, Resolution in support of the findings of the special commission on Air Quality and the Economy. On motion by Council Member Humphrey, seconded by Vice Mayor Genis, the remaining items on the Consent Calendar were approved in one motion by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: 'None READING FOLDER On motion by Council Member Humphrey, seconded by Vice Mayor Genis, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Toni Brass; Peter Cooper; Alma Graves; Overhead Door Company; Jessica Porr; Rebecca Porter; Ver Saisezian, et al; Sea Palms Village Apartments; and Application to Present a Late Claim from H. C. and Ann Van Ausdeln. Alcoholic Beverage Alcoholic Beverage Licenses for which parking has been approved Licenses by the Planning staff. Il Nam and Yun Kang Oh, doing business as Norval's Liquor, 1746 Placentia Avenue; and Thrifty Corporation, doing business at 233 East 17th Street, and 2300 I North Harbor Boulevard. Orange County Resolution from the City of Newport Beach supporting the Orange Metropolitan County Regional Advisory Planning Council as the governing Planning Organization board of an Orange County Metropolitan Planning Organization. 1 "- 405 WARRANTS On motion by Council Member Humphrey, seconded by Vice Mayor Genis, Warrant Resolution 1526, including Payroll 9216, was MOTION approved by the following roll call vote: Warrant 1526 AYES: Hornbuckle, Genis, Buffa, Approved Humphrey, Erickson NOES: None ABSENT: None SET FOR PUBLIC Item 2 on the Consent Calendar was presented: Butler-O'Bryon HEARING Single Room Occupancy (SRO) Hotel, 2450 Newport Boulevard. Butler-O'Bryon Council Member Buffa noted that he would abstain from voting on this item. Onmotion by Council Member Humphrey, seconded by MOTION/Hearing Set Council Member Erickson, and carried 4-0, Council Member Buffa for September 21, abstaining, this item was set for public hearing on September 21, 1992 1992, at 6:30 p.m., in the Council Chambers of City Hall. Agreement No. Item 4 on the°Consent Calendar was presented: Contribution 12-099 with Agreement No.. 12-099 with the California Department of CalTrans Transportation (CalTrans) authorizing a City appropriation of $20,000.00 to participate in the landscaping of State Route 55 from Landscaping of 19th Street to Bristol Street; and a resolution approving the State Route 55 Contribution Agreement. Sid Soffer, 900 Arbor Street, Costa Mesa, questioned the expenditure of this amount of money when the City is short of funds, and the City Manager responded that this is a commitment of funds, and it could -be two years before the funds are actually expended. On motion by Council Member Erickson, MOTION seconded by Council Member Humphrey, the agreement was Agreement Approved; approved and the Mayor and City Clerk were authorized to sign on Resolution 92-78 behalf of the City; and Resolution 92-78, A RESOLUTION OF Adopted .THE CITY. COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING A CONTRIBUTION AGREEMENT BETWEEN THE CITY AND THE STATE OF CALIFORNIA FOR HIGHWAY PLANTING ALONG THE 55 FREEWAY BETWEEN 19TH STREET AND BRISTOL STREET, was adopted. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Agreement with Item 5 on the Consent Calendar was presented: Agreement with the County of Orange County of Orange for funding through the Arterial Highway Financing Program for Project 1302, Adams Avenue Rehabilitation Adams Avenue from Placentia Avenue to Fairview Road. Robert Graham, 2865 Rehabilitation Chios Road, Costa Mesa, asked if the rehabilitation of Adams Avenue would include the undergrounding of utilities. The City Manager responded that this project was for partial reconstruction MOTION and resurfacing of the street only. On motion by Council Member Agreement Approved Buffa, seconded by Council Member Humphrey, the agreement was approved, 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: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Tax Rate for 1974 Item 6 on the Consent Calendar was presented: Resolution to fix tax Open Space Bond rate for 1974 Open Space Bond Issue. Sid Soffer, 900 Arbor Street, Issue Costa Mesa, stated he thought a short explanation should be provided informing the public that. taxes are going up, the reason ! they are being increased, and the amount. The City Manager explained that the property tax rate is set by Council annually at a figure corresponding' to the figure needed to retire the bonds that MOTION have been sold. On 'motion by Council Member Erickson, seconded Resolution 92-79 by Council Member Humphrey, Resolution 92-79, A RESOLUTION Adopted OF THE . CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FIXING THE TAX RATE PER CENTUM AND LEVYING A TAX UPON ALL PROPERTY WITHIN THE CITY OF COSTA MESA WHICH IS TAXABLE TO MEET THE CITY'S OBLIGATION UNDER THE 1974 OPEN SPACE BOND ISSUE FOR FISCAL YEAR 1992-93, was adopted by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT:, None Findings of Special Item 7 on the Consent Calendar was presented: Resolution in Commission on Air support of the findings of the special commission on Air Quality and Quality and the the Economy. Vice Mayor Genis reported that this resolution urges Economy the Air Quality Management Board to adopt and implement all of the recommendations of! the special commission, and she suggested that it be circulated to other cities so they can adopt a similar resolution. MOTION ! On motion by Vice' Mayor Genis, seconded by Council Member Resolution 92-80 Humphrey, Resolution 92=80, A RESOLUTION OF THE CITY Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, SUPPORTING THE FINAL REPORT OF THE SPECIAL COMMISSION ON AIR QUALITY AND THE ECONOMY PRESENTED TO' THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT BOARD, was adopted, and authorization was given to circulate the resolution to other cities in the area, as well as the League of California Cities. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES:: None ABSENT: ` None PUBLIC HEARING The City Clerk announced the public hearing, continued from the Parks, Recreation, meeting of July 20, 1992, for the request for policy direction for and Open Space j issues related to the draft Parks, Recreation, and Open Space Master Master Plan Plan. A petition containing 227 signatures was received from Joan Williams, 2286 Pacific Avenue, Costa Mesa, urging that Fairview Park be retained as a wilderness park. The Deputy City Manager/Development Services reviewed the Agenda Report dated August 7, 1992, and asked for direction on the six policy issues contained therein. Joan Williams, who spoke under Oral Communications on this topic, stated that she was opposed to any development of the park, including the construction of a sports complex. Paul Rookwood of Wallace, Roberts, and Todd, 1133 Columbia Street, Suite 205, San Diego, pointed out corrections to the Agenda Report dated August' 7, 1992: Page 72, paragraph 4, the middle portion of the paragraph, "as a result of diversion of funds to support the Fairview site acquisition, " should have a line through it to indicate deletion. ; On Page 74, paragraph 6, the word "shall" should be deleted, and the words "will typically" should be underlined to indicate that they have been inserted. He then gave an overview of the proposed Parks, Recreation, and Open Space Master 1 Plan dated May 14, 1992. He addressed some of the major questions and issues and reviewed their recommendations. He clarified that the recommended swimming pool is proposed in addition to the existing pool in the City, to be developed as a joint use facility either at Estancia High School, Costa Mesa High School, or Orange Coast College. Bill Anderson,. ' Economic Research Associates, 964 Fifth Avenue, Suite 418, San Diego, gave a slide presentation which illustrated the key implementation 'recommendations of the Plan. The Community Services Director- clarified for Vice Mayor Genis, in response to her question regarding the Costa Mesa Golf Course being considered park land, that the Community Services Department maintains an inventory of park acreage, improved and unimproved, and the golf course has never been included in that inventory. Council Member Erickson stated that he would like to have considered and incorporated into the study use of some of the golf course funds for park purposes. The City Manager explained that the golf course fund has historically been an enterprise fund; however, with the operation being franchised to a private concern, it - will no longer function as such, and there will be a continuing revenue stream. to the City's General Fund. For the record, Council Member Erickson reported that a number of people had expressed concern regarding the unfairness of the lack of usable park land in the City since there is a large amount of money paid into that fund by new residents. A lengthy question and answer period ensued on the specifics of the proposed Plan. The Vice Mayor requested a report listing the responses to the telephone survey regarding unmet needs in the City. RECESS The Mayor declared a recess at 8:35 p.m., and the meeting resumed at 8:45 p.m. Vice Mayor Genis returned at 8:49 p.m. George Sakioka, Sakioka Farms, 14850 Sunflower Avenue,- Costa Mesa, stated that 95 percent of capital improvements to the park system will be paid by new development through park in -lieu fees, and felt that this is a significant burden which is placed on new subdivisions and will have a tremendous impact on the affordability of housing. - 'He believed this point should be taken into consideration. He questioned approving the proposed Plan "in concept", and Mayor Hornbuckle pointed out that the staff recommendation was not to "approve" but to "accept in concept". Mr. Sakioka asked the current status of the joint use agreement with the Newport -Mesa Unified School District, and the City Manager responded that a draft Master Plan. for joint utilization of school grounds is being considered in meetings with the school district; and upon,, approval, individual site -by -site subagreements will be developed. He stated the overall agreement should be brought to Council in September. Mr. Sakioka suggested that the transfer of development rights is an option that should be investigated. Sid Soffer, 900 Arbor Street, Costa Mesa, submitted that since the construction business is "soft", there should be coordination with the developers on this issue, and suggested that park in -lieu fees be spent in proximity to the subdivision paying the fees. Tony Petros, LSA Associates, One Park Plaza, Suite 500, Irvine, addressed the fee calculation in the Master Plan, stating that the c E P i 44'0 8 envisioned fee increase to $8,300.00 is out of league with 1 surrounding cities and would create a significant impact on the affordability of housing. He stated that the park in -lieu fee was originally intended to be used to acquire. new land; however, the policy direction has changed to enhancing existing parks, and therefore the fee schedule is out of line. He proposed that the in - lieu fee should be based upon the actual cost of improvements, not on the calculations for the acquisition of land. Jim Ferryman, 1095 Tulare Drive, Costa Mesa, commented that he supported the consultant's findings and urged Council to support designating 25 acres of Fairview Park for a sports facility. Mr. Rookwood clarified- that the 25 acres mentioned would be located at Estancia High School/Parsons Elementary Park/Fairview Park. Dick Mehren, 1824 Kinglet Court, Costa Mesa, asked if the aforementioned 25 acres would include parking for the sports facility. Mr. Rookwood stated he would provide a written response to this question. Mr. Mehren inquired: what would happen to the parks if all improvements were based on the park in -lieu fee, and the economy did not improve and developers cut back. The City Manager agreed that any form of certificates of participation or any borrowing that was dependent upon development fees would not be encouraged. There being no other speakers, the Mayor closed the public hearing. Council Member Humphrey commented that the use of surplus land which could be used for parks or land exchanges had not been addressed in the Master Plan. Regarding staff's request for direction as noted on Page 3 of the Agenda Report dated August 7, 1992, Item 1, Inclusion of golf course as part of the "existing park" area, Vice Mayor Genis indicated that she had previously made her position clear (to include the golf course); however, she wanted clarification on which fund was used for the original acquisition of the golf course. Mayor Hornbuckle stated she found it difficult to consider the golf course a park. Council Member Humphrey felt the golf course should be included as park land. Council- Member Buffa stated that it should not be included. Council Member Erickson referred to the City Attorney's Report No. 92-44, Page 86 of the Agenda Report, and stated he could not support including the golf course because of the Quimby Act. Mayor Hornbuckle summarized by stating there were two Council Members in favor of including the golf course as part of the existing park area, and three opposed. Regarding Item 2, Identification of specific properties to be acquired to meet park standards, Mayor Hornbuckle suggested a slight modification in the second paragraph, "to purchase any property if it's deemed feasible, for apark site that may become available..." Vice Mayor Genis stated she would like to see incorporated as a policy in the Master Plan both a proposed mechanism for acquisition and some criteria. Council Member Erickson stressed that eminent domain should never, be utilized. Council Member Humphrey added that he would not want to address a specific piece of property as being, "this is where we're going to make a park", as that would put undue burden on both the City and the seller. Regarding Item 3, Inclusion as an optional element of the General Plan, Vice Mayor Genis stated that it appears there will be a need 1 for some minor amendments to the General Plan, and the Deputy City Manager concurred. On Item 4, Credit .for school . district facilities in the open space standard, Mayor Hornbuckle stated this is ongoing with the joint use agreement discussions. Item 5, Victoria Street as a linear park, Mayor Hornbuckle reported that the consensus was reached not to include Victoria Street. Item 6, Active recreation facilities on Fairview Park, Mayor Hornbuckle stated that there previously seemed to be Council consensus supporting active recreation on a limited number of acres on the upper bluff area of Fairview Park. Council Member Buffa stressed his support of a facility or facilities for organized sports, but he requested more..detail on what is being proposed, if it would be feasible, and the.`f•mix between Estancia/Parsons/Fairview. Vice Mayor Genis emphasized the word "limited" regarding number of acres, and she stated the impact on the people that live on Canyon Drive should be investigated. MOTION A motion was made by Mayor Hornbuckle, seconded by Council Master Plan Member Erickson, and carried 4-1, Council Member Buffa voting Accepted no, directing staff to accept the Parks, Recreation, and Open Space Master Plan; to incorporate the necessary revised park standard ratio and other relevant recommendations as listed above; and to initiate the required California Environmental Quality Act (CEQA) documentation so the policy can be adopted at a future date. Council Member Buffa did not support the motion. He stated there are two basic park issues: (1) How to provide either better, new, or modified facilities for organized sports activities with everything from adult softball to Pop Warner football, little league baseball, etc.; and (2) What is going to happen to Fairview Park. He did not support taking a piece of Fairview Park for the sports facility, and did not support the proposed plan for the following reasons: (1) It is not much of a plan, merely an inventory; (2) The system for increasing park land according to new development needs to be adjusted; and (3) The existing parks need to be upgraded but there does not seem to be an urgent need for new parks. In summary, he stated his park agenda is as follows: (1) Upgrade the existing parks; and (2) Identify the unique opportunities available, such as Fairview Park and Canyon Park. Council Member Erickson referred to the serious gang problems in Costa Mesa and one of the suggested solutions being the discipline obtained from organized sports. He expressed his support of an athletic complex using Estancia/Parsons/Fairview Park, and he suggested this plan be expedited. Vice Mayor Genis expressed concern regarding the financing aspects; however, she stated that the ball fields could be fairly economically provided through the school facilities. She suggested that the Boy's Club facility on the east side should remain intact. Mayor Hornbuckle stated that the intent of her motion was for staff to take the comments that Council had made at this meeting and the previous meetings and incorporate them into the review and to provide additional options on financing. Council Member Humphrey did not believe the current document :gives the direction needed to address the problems at hand, and he also supported expediting the athletic complex. i Tony Petros, LSA Associates, requested clarification regarding the motion, asking if 'staff were directed to start the CEQA documentation, and also would he be receiving a notice of preparation. The Deputy City Manager/Development responded in the affirmative regarding CEQA but stated that a notice of preparation was not necessary if an Environmental Impact Report !were not required. RECESS IThe Mayor declared a recess at 10:35 p.m., and the meeting reconvened at 10:45 p.m. OLD BUSINESS The City Clerk presented from the meeting of August 3, 1992, a Crime Statistics { presentation by the Police Department on crime statistics. Presentation The Finance Director - gave a slide presentation which covered the Police Department budget and the relationship between the Police Department and the population as compared to all other cities in Orange County. She, reviewed the budget per capita or how many budget dollars are spent per citizen in the City; the Police Department budget per sworn -position; and the city. population per 1 sworn position-. The City Manager announced that copies of all the slides and any printed materials would be available tomorrow for Council Members and the public. I Lieutenant James Watson reviewed crime statistics for the City of Costa Mesa stating that the focus of the department is on Part 1 crimes, which are criminal homicide, rape, robbery, aggravated assault, burglary, larceny, auto theft, and arson. He stated that it is 1 required that this information be provided to State and Federal authorities. During the slide presentation, he noted that there has been a six percent reduction in Part 1 crimes from the previous fiscal year 1990-91, which placed Costa Mesa fourth in the County for Part 1 crimes over a three-year average. He stated a breakdown of Part- 1 crimes was compiled monthly, and he will provide this information to Council. He stated that the overall staffing in the department was down; however, the civilianization program is working well. Ernie Feeney, 1154 Dorset Lane, Costa Mesa, related that Janice Davidson, who had spoken earlier in the evening and had to leave the meeting, had indicated she was distressed that a woman was allowed to speak under Oral Communications on an item that was on the agenda. Ms. Feeney said Ms. Davidson lived on the west side where vandalism is a problem. She referred to the current Los Angeles Times article which listed Costa Mesa as being the city with the third highest violent crimes rate in Orange County. Ms. Feeney reiterated she has never said anything derogatory about the Police Department, and the 'issue she was addressing is budgetary, stating that the department needs more officers and City dollars should be directed to that purpose. OLD BUSINESS On motion by Council Member Buffa, seconded by Council Member PA -92-45, ! Humphrey, and carried 5-0, the following item was continued to the Combs/Lucas Council meeting of September 8, 1992: OLD BUSINESS The City Clerk presented from the meeting of August 3, 1992, Tennis Concessionaire extension of the':'' tennis concessionaire contract with Michael Contract Rehtorik; and the City Attorney's request for closed session pursuant to Government Code Section 54956.8 to discuss negotiations for the Costa Mesa Tennis Club Concession. The City Attorney stated that office his recommended approval of the second 30 -day extension of the original agreement with Mr. Rehtorik on the same terms and conditions to permit negotiations to be concluded. He reported that Continued to the first 30 -day extension expires on September 2, 1992, and the September 8, 1992 negotiations should be concluded in time for the regular Council meeting of September 8, 1992, thus the request for the extension. The Mayor announced that closed session would be held at the end of regular business. MOTION/Contract On motion by Council Member Humphrey, seconded by Council Extended Through Member Erickson, and carried 5-0, an extension of the current September 9, 1992 contract was approved through September 9, 1992. NEW BUSINESS The City Clerk presented a request for lane closure on Bristol Street Children's Hospital from 6:00 a.m. to 9:00 a.m., September 13, 1992, for the Annual Annual 5K/10K Race 5K/10K Race sponsored by the Children's Hospital of Orange County. The City Manager noted that there appeared to be a conflict in the route as described in their brochure which seems far more extensive than that previously indicated. Mayor Hornbuckle indicated that access to The Lakes apartment complex should be maintained. Vice Mayor Genis also suggested that access to offices in the area should not be cut off. MOTION/Approval On motion by Council Member Humphrey, seconded by Vice Mayor Authority Delegated Genis, and carried 5-0, approval authority for the lane closures for to City Manager this event was delegated to the City Manager. NEW BUSINESS The City Clerk presented a request from the Chamber of Commerce "Shop Costa Mesa for ' City financial support of the upcoming "Shop Costa Mesa" Campaign" campaign. Jim Ferryman, 1095 Tulare Drive, Costa Mesa, representing the Costa Mesa Chamber of Commerce, gave a brief overview of the focus of the campaign, stating that Copley/Colony Cablevision and Metropolitan Magazine would also be involved. Jim Torline, Coast Travel, 1500 Adams Avenue, Suite 104A, Costa Mesa, Beach, also representing the Chamber of Commerce and chairman of the Business Committee, stated that this is primarily an educational campaign which will begin during the month of September with a mailing to 10,000 businesses. He reported that -All MOTION Continued from the meeting of August 3, 1992, Planning Action Continued to . PA -92-45, Craig Combs Associates, 1535 Monrovia Avenue, September 8, 1992 Newport Beach, authorized agent for Lucas Development Company, 1451 Quail Street; Suite 200, Newport Beach, for an amendment to a Planned Development to cover existing open spaces, with a variance from perimeter setback requirements (25 feet required; 5 feet existing;- 4 inches proposed), for the structures to encroach into the existing setback area, located at 550 Paularino Avenue in a PDR - HD zone, Environmental Determination: Exempt. ANNOUNCEMENT The Mayor announced that Old Business Item 3, Tree replacement Tree Replacement on along Placentia Avenue between Wilson Street and Adams Avenue, Placentia Referred to was removed the Agenda and referred to the Parks, Recreation and Parks Commission Open Space Commission. OLD BUSINESS The City Clerk presented from the meeting of August 3, 1992, Tennis Concessionaire extension of the':'' tennis concessionaire contract with Michael Contract Rehtorik; and the City Attorney's request for closed session pursuant to Government Code Section 54956.8 to discuss negotiations for the Costa Mesa Tennis Club Concession. The City Attorney stated that office his recommended approval of the second 30 -day extension of the original agreement with Mr. Rehtorik on the same terms and conditions to permit negotiations to be concluded. He reported that Continued to the first 30 -day extension expires on September 2, 1992, and the September 8, 1992 negotiations should be concluded in time for the regular Council meeting of September 8, 1992, thus the request for the extension. The Mayor announced that closed session would be held at the end of regular business. MOTION/Contract On motion by Council Member Humphrey, seconded by Council Extended Through Member Erickson, and carried 5-0, an extension of the current September 9, 1992 contract was approved through September 9, 1992. NEW BUSINESS The City Clerk presented a request for lane closure on Bristol Street Children's Hospital from 6:00 a.m. to 9:00 a.m., September 13, 1992, for the Annual Annual 5K/10K Race 5K/10K Race sponsored by the Children's Hospital of Orange County. The City Manager noted that there appeared to be a conflict in the route as described in their brochure which seems far more extensive than that previously indicated. Mayor Hornbuckle indicated that access to The Lakes apartment complex should be maintained. Vice Mayor Genis also suggested that access to offices in the area should not be cut off. MOTION/Approval On motion by Council Member Humphrey, seconded by Vice Mayor Authority Delegated Genis, and carried 5-0, approval authority for the lane closures for to City Manager this event was delegated to the City Manager. NEW BUSINESS The City Clerk presented a request from the Chamber of Commerce "Shop Costa Mesa for ' City financial support of the upcoming "Shop Costa Mesa" Campaign" campaign. Jim Ferryman, 1095 Tulare Drive, Costa Mesa, representing the Costa Mesa Chamber of Commerce, gave a brief overview of the focus of the campaign, stating that Copley/Colony Cablevision and Metropolitan Magazine would also be involved. Jim Torline, Coast Travel, 1500 Adams Avenue, Suite 104A, Costa Mesa, Beach, also representing the Chamber of Commerce and chairman of the Business Committee, stated that this is primarily an educational campaign which will begin during the month of September with a mailing to 10,000 businesses. He reported that during the month of October, there will be advertising through newspaper, television, and door hangers, to educate the general Public of the value of spending their dollars in Costa Mesa. He stated a similar campaign conducted in Huntington Beach appeared to be very successful. John Moorlach, 3169: Madeira Avenue, Costa Mesa, inquired if there was a concentrated effort within the budget and a "mission statement" encouraging residents to shop in Costa Mesa. Mayor !Hornbuckle responded in the negative. He suggested that the quarterly newsletter put out by Community Services would be an appropriate way to advertise. Ernie Feeney, 1154 Dorset Lane, Costa Mesa, asked why the City itself did not advertise- in a newspaper such as The Register, with a generic "Shop Costa Mesa", and save the $5,000.00. She stated the ;Chamber of Commerce has recently asked for money three times . ,Council Member Erickson suggested :that the City negotiate the cable access through the City's cable franchise agreement. Vice Mayor �Genis proposed advertising in the Pennysaver which is geographically targeted, and the Mayor responded that this was not merely an advertising campaign as the Daily Pilot would be running articles and doing editorials on the subject, as will the Metropolitan. i Vice Mayor Genis supported the concept of encouraging residents to shop in Costa Mesa and good value and good service are necessary; however, she has had some difficulty lately procuring needed items in Costa Mesa at a reasonable price. She endorsed advertising in the Community Report or, in the Community Services bulletin. MOTION ;On motion by Council Member Erickson, seconded by Council Funds Authorized Member Buffa, the City Manager was directed to negotiate with Copley/Colony Cablevision for 45 spots a day as made by the Chamber of Commerce, up to a maximum of $3,200.00; and $1,800.00 was granted for this advertising promotion, the latter amount to be taken from the Council Contingency account. Council Member. Erickson asked as part of the motion that the Chamber of ;Commerce consider a ' separate cut sheet to be distributed to Costa Mesa residents. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None i NEW BUSINESS The City Clerk presented a request from Sanderson -J. Ray Request for GPA for Development, 2699 White Road, Suite 150, Irvine, for a General Flood Control District Plan Amendment involving a portion of the Santa Ana -Delhi Flood Property Control Channel adjacent to property located at 1262 Bristol Street ;(Acapulco Restaurant). The Deputy City Manager/Development Services gave a brief review of the Agenda Report dated August 14, 1992. John Petry, representing Sanderson -J. Ray Development, stated he preferred to withdraw the request rather than have it denied as recommended in the Agenda Report. He- explained the nature of the request and stated he would like to meet with the City Manager to iron out any difficulties. The Deputy City Manager stated that a ;continuance would move this item from the October/November time frame and place it into the February General Plan processing date. I I l - q 13 MOTION On motion by Council Member Buffa; seconded by Council Member Continued to Humphrey, and carried 5-0, this item was continued to the Council September 21, 1992 meeting of September 21, 1992. Vice Mayor Genis supported the motion to continue; however, based on the three criteria, in Policy 500-2, Criteria No. 3 would not apply when expanding the' area at the site. Therefore, she did not believe she would ultimately, vote to, initiate this General Plan Amendment. CITY ATTORNEY The City Attorney requested a closed session pursuant to REPORTS Government Code Sections 54956.8, 54956.9(a), 54956.9(b)(1), and Tennis Club; 54957.6 to discuss the following items: Negotiations concerning the Police Association; Costa Mesa Tennis Club; Negotiations with the Costa Mesa Police Lloyd Pest Control, Association; City of Costa Mesa v. Lloyd Pest Control, Orange and Fargo Hotels County Superior Court -Case No. 68-75-09; City of Costa Mesa v. . Lawsuits; and Fargo Hotels, Orange County Superior Court Case No. 66-26-07; Harry Green Claim and claim from .Harry S. Green, Incorporated. Mayor Hornbuckle announced that closed session would be held following conclusion of regular business. CITY MANAGER The City Manager presented his reports: (1) Continued from the REPORTS/MOUwith meeting of August 3, 1992, an amendment to the Memorandum of Firefighters Understanding (MOU) between the City and the Costa Mesa MOU with City Firefighters Association; and (2) Amendment to the Memorandum Employees of Understanding (MOU) between the City and the Costa Mesa City Employees Association. He stated the essence of both agreements is that the respective employee's associations, by a majority vote of the members, have supported a joint consideration to extend their existing MOD's with the City for one additional year foregoing compensation increases for the course of this fiscal year. He commended both groups on their action. Mayor Hornbuckle commended both the City Manager and Steve Hayman, Personnel Director, for their work on these issues. She asked the City Manager to convey to both associations on behalf of the entire Council their appreciation for this action. MOTION/Firefighters On motion by Council Member Humphrey, seconded by Vice Mayor Amendment Approved Genis, and carried 5-0, the amendment to the MOU with the Firefighters Association was approved. MOTION/Employees On motion by Council Member Humphrey, seconded by Council Amendment Approved Member Erickson, and carried 5-0, the amendment to the MOU with the City Employees Association was approved. COUNCIL Council Member Erickson announced there would be a "Latino COMMENTS Festival" on September 27, 1992, at Lion's Park, between 1:00 p.m. and 6:00 p.m., put together by the Costa Mesa Barrio Task Force, "Latino Festival"- Parents for Teens, the Rea Center Boys and Girls Club, and Girls, Incorporated. He stated there will be dancers from Estancia High School, Costa Mesa High School, live music from La Cueva, and a disk jockey. He also announced' a garage sale will be held the weekend of August 22 and 23, 1992, at 530 Hamilton Street to help support the event, with the drop-off point for goods at 2040 Continental Avenue, after 5:00 p.m. He stated that they were planning on having amplified music. Basket Bazaar Council Member Humphrey stated that the'Basket Bazaar is adver- tising "going out for business" instead of "oat -of business", and asked if the City had an ordinance regarding deceptive.advertising. 4�9 Estancia Park Landscaping Equip- ment Transportation Forum Council Member Buffa asked the City Manager for a response as to why there were bar gates at Estancia Park. Vice Mayor Genis suggested extending the time restrictions for leaf blowers to other loud landscaping equipment such as that used in the early morning hours at Mesa Verde Country Club. She announced that on Saturday,; August 22, 1992, 9:30 a.m., at Randall's Restaurant, No. 3 Hutton Center, on the first floor of the National Bank Building, there will be a transportation forum, including a debate between Allan Bock, Orange County Register; and Dana Reed, Orange County Transportation Authority. ADJOURNMENT TO j At 12:45 a.m., the Mayor adjourned the meeting to a closed session CLOSED SESSION in the first floor Conference Room to discuss the items announced earlier by the City Attorney. MEETING The Mayor reconvened the meeting at 1:40 a.m., and the action RECONVENED taken in closed session was announced. Tennis Club Directions were given to the City Attorney regarding the negotiations for the concession at the Costa Mesa Tennis Club. Police Association Directions were given to Steve Hayman, Personnel Director, regarding negotiations with the Costa Mesa Police Association. Council Member Humphrey left the closed session before the vote on the next item, and returned afterwards. i City v. Lloyd Pest By a vote of 4-0, Council Member Humphrey absent, the settlement Control offer was accepted as outlined in the City Attorney's Confidential Memorandum dated August 11, 1992, regarding the City of Costa MOTION/Settlement Mesa v. Lloyd Pest Control, Orange County Superior Court Case Accepted No. 68-75-09. City v. Fargo Hotels By a vote of 5-0, the settlement offer was accepted as outlined in the iCi Attorney's Confidential Memorandum dated August 10 1992 City Y g MOTION/Settlement regarding the City of Costa Mesa, v. Fargo Hotels, Orange County Accepted Superior Court Case No. 66-26-07. Tim Green v. Orville i Regarding the Claim of Harry S. Green and Costa Mesa Golf and Amburgey, et al.; Country Club, and Tim Green v. Amburgey, et al., Orange County Claim from Harry S. Superior Court Case No. 63-93-04, the settlement offer from David Green Wheeler for Harry S. Green, Harry S. Green, Incorporated, and Tim Green, was rejected by a vote of 5-0, and the City Attorney and MOTION/Settlement City Manager were authorized to take all necessary steps, including Rejected litigation for unlawful detainer and trespass, to obtain possession of the Costa Mesa Golf and Country Club on September 1, 1992. ADJOURNMENT ; The Mayor declared the meeting adjourned at 1:45 a.m. r Mayor o the City of Costa Mesa ATTEST: City Clerk of the City of Costasa ,. 1