Loading...
HomeMy WebLinkAbout06/21/1993 - City Councilu�d�oa REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JUNE 21, 1993 The City Council of the City of Costa Mesa, California, met in regular session June 21, 1993, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, who requested a minute of silence in memory of Clarence Clarke, Planning Commissioner, who passed away earlier in the day; followed by the Pledge of Allegiance to the Flag, and invocation by Chaplain Lloyd Sellers, Hoag Memorial Hospital -Presbyterian. ROLL CALL Council Members Present: Mayor Sandra Genis Vice Mayor Jay Humphrey Council Member Mary Hornbuckle Council Member Peter Buffa Council Member Joe Erickson Council Member Absent: None Officials Present: City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Development Services Donald Lamm Public Services Director William Morris Personnel Services Director Steve Hayman Finance Director Susan Temple Fire Chief Jim Reed Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Hornbuckle, seconded by Council June 7 and Member Buffa, and carried 5-0, the minutes of the regular meeting 14, 1993 of June 7, 1993, and the special meeting of June 14, 1993, were approved as distributed. ORDINANCES AND A motion was made by Council Member Buffa, seconded by Vice RESOLUTIONS Mayor Humphrey, and carried 5-0, to read all ordinances and resolutions by title only. ORAL COMMUNI- Bruce Hill, 184B Merrill Place, Costa Mesa, addressed the proposed CATIONS work furlough site to be located at the Days Inn, 21st Street and Work Furlough Site Newport Boulevard. He reviewed a letter he had forwarded to Council on this subject, and submitted a copy to the Deputy City Clerk. He'expressed concern that the neighborhood adjacent to the proposed facility would deteriorate. Traumatic Head- Susan Cowles, 2470 Clark Avenue, Long Beach, a student at Injury Program Coastline Community College and enrolled in the Traumatic Head - Injury (THI) Program, extended an invitation to a ribbon -cutting ceremony on July 1, 199a,,at.,10:00 a.m., at the college, to celebrate launching of =the THI Program Recycling Project. Ms. Cowles explained the THI Program', and stated that the goals for this project are to establish a scholarship -fund- for THI students in need; raise community awareness of the necessity to recycle; and raise money for equipment needed for the program. 1 Neighborhood Janice Davidson, 1982 Arnold Avenue, Costa Mesa, reported on the Cleanup Program success of the Neighborhood Cleanup program. She stated that 52 of the children who helped with the cleanup did not receive souvenir tee shirts, and asked that additional shirts be ordered. The City Manager responded that businesses, restaurants, etc., who volunteered products and services helped to defer costs for the project, and funds were available to purchase the additional shirts. Bicycle Trails Robert Graham, 2865 Chios Road, Costa Mesa, presented a petition to the Deputy City Clerk, signed by 43 Costa Mesa residents in support of opening the west end of Gisler Avenue to provide pedestrian and bicycle access to the maintenance road of the Greenville Banning Channel. He showed a diagram illustrating the proposed modification, and slides of the area. The Public Services Director stated that the City is negotiating with the County to open the bicycle trail from Fairview Park south to Pacific Coast Highway; however, some . residents north of Fairview Park have indicated opposition to the proposal. The City Manager suggested that this matter be referred to the Transportation Commission. Charles Robertson, 1885 Tahiti Drive, Costa Mesa, President of the Mesa Verde Homeowners Association, responded to Mr. Graham's remarks by noting that the residents who signed the petition all reside north of Gisler Avenue. He stated the homeowners association is opposed to using the service road north of Fairview Park as a bicycle trail because of the impact on privacy and security of the adjacent residents. 1993-94 Budget Debra Marsteller, 163 Albert Place, Costa Mesa, representing Vantage Foundation at Rea Community Center, reported that three of their clients with significant developmental disabilities who work for the City will be laid off July 1, 1993, and urged Council to delete this item from the budget cuts. Work Furlough Flyer John Feeney, 1154 Dorset Lane, Costa Mesa, complimented the City on the Neighborhood Cleanup. He commented that a flyer is circulating on the east side of the City alleging that the Mayor supports of the work furlough site, and stated that this is not true. Ernie Feeney, 1154 Dorset Lane, Costa Mesa, expressed her objection to the work furlough flyer being printed anonymously. Army Corps of Nancy Palme, 1997 Kornat Drive, Costa Mesa, speaking as a Engineers member of the Board of Directors, Mesa Verde Homeowners Construction Association, complained about the noise created from early morning Project to late at night by the Army Corps of Engineers working on the Santa Ana River Project and bicycle trail. She stated she supported the project but asked for assistance in regulating the working hours. CONSENT The following items were removed from the Consent Calendar: CALENDAR Item 5(a) Warrant Resolution 1546; and Payroll 9309, 5(b) Warrant Resolution 1547, and Payroll 9310; Item 6, Warrant Resolution 1548, and Payroll 9311; Item 15, Construction of the Corporation Yard Bike Trail, Project No. 93-05; Item 17(a), Budget Adjustment No. 93-40 for anticipated design expenses, Bristol/I-405 Interchange Improvement; and Item 18, Agreement with East Edinger Medical Clinic for medical services. MOTION/Approved On motion by .Council Member Buffa, seconded by Vice Mayor Except 5(a), 5(b), Humphrey, and carried 5-0, the remaining items on the Consent 6, 15, 17(a), and 18 Calendar were approved, as recommended. - "2 o.' READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by ;the City Clerk: Jim Campbell; Lisa Casica; Mike Compas; William S. and Marie C. Eckess; Michael D. Johnson; Monika Meier; Southern California Edison Company; and two claims from Tracy & Ryder Landscape, Inc. Public Notice from Southern California Edison Company advising of Utilities its filing of Application No. U 338-E with the Public Utilities Commission Commission regarding partial verification of compliance with Rule 24, A. 93-05-044 - Notice of Certain Governmental Officials. SET FOR PUBLIC The following items were set for public hearing on July 6, 1993, at HEARING/Hearings 6:30 p.m., in the Council Chambers of City Hall: Set for July 6, 1993 General Plan Amendment GP -93-03A and Rezone Petition GP-93-03A/R-93-02 R-93-02, City of Costa Mesa, to establish General Commercial land use and C1 zoning for the recently covered segment of the Orange County Flood Control District's Santa Ana Delhi Channel located between southeast Bristol Street and SR -73. Environmental Determination: Negative Declaration. GP -93-03B General Plan Amendment GP -93-03B, City of Costa Mesa, to change the land use designation of 114, 128, 130, 132, and 140 Cabrillo Street to Neighborhood Commercial consistent with existing CL zoning. Environmental Determination: Negative Declaration. SP -84-02 Specific Plan SP -84-02, for properties in the block bordered by Bernard Street, Parsons Street, Ford Road, and Harbor Boule- vard. Environmental Determination: Exempt. REJECTED CLAIMS The following claims were rejected: Benbow Claim from Lori Lanning Benbow (flooding due to storm drain system failure). Nguyen Claim from Kim Thuyen Thi Nguyen (flooding due to storm drain system failure). Park Claim from S. J. Park, Park Place Inn Motel (damage to hotel door caused by Police forced entry). Porter Claim from Rebecca Porter (slip and fall on sidewalk). Smith Claim from William Robert Smith, Jr. (request for reimbursement of fine for jaywalking). Trent Claim from Lawrence and Shanna Trent (fatal injury to 3 -year old child struck by' car). ADMINISTRATIVE ACTIONS/Awarded Bids for Bid Item No'. 953, Sale of Surplus Vehicles, are on file in Bid Item No. 953 the City Clerk's office. The contract was awarded to Cinema to Cinema Vehicle Vehicle Services, 148.11 Keswick Street, Van Nuys, for $58,844.00. Awarded Bid Item . Bids for Bid Item No. 955,' Annual Supply of Photographic Film, No. 955 to Irvine Paper, and Chemicals, are on file in the City Clerk's office. The Camera contract was awarded to Irvine Camera, 15435 Jeffrey Road, No. 117, Irvine, in an amount not to exceed $57,552.23. Approved Supplement Program Supplement,No. 002 to State -Local Partnership Program 002 to State -Local Agreement No. SLTPP-5312, providing for State's share of funds Partnership Agree- for the -.Bristol Street/Town Center Drive/I-405 Northbound ment SLTPP-5312, Intersection Improvement Project, was approved, and the Public Bristol/Town Center/ Services Director was authorized to execute the documents; and I-405 Intersection Resolution 93-45, A RESOLUTION OF THE CITY COUNCIL OF Improvement THE CITY OF COSTA MESA, CALIFORNIA, APPROVING CITY PARTICIPATION IN THE STATE -LOCAL PARTNER - Adopted Resolution SHIP PROGRAM AND AUTHORIZING THE PUBLIC SERV - 93 -45 Approving City ICES DIRECTOR TO EXECUTE AGREEMENTS WITH THE Participation STATE OF CALIFORNIA, was adopted. Bristol/I-405 Inter- The following actions were taken regarding the Bristol Street/I-405 change Improvement Interchange Improvement: Approved Agreement Agreement with P & D Technologies, 1100 Town Country with P & D Road, Suite 300s Orange, for the preparation of a project Technologies report and design plans for improvements to the Bristol Street/I-405 Interchange, was approved, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Adopted Resolution Resolution 93-46, A RESOLUTION OF THE CITY COUNCIL 93-46 Requesting OF THE CITY, OF COSTA MESA, CALIFORNIA, Measure M Funds REQUESTING THE ORANGE COUNTY TRANSPOR- TATION AUTHORITY TO ALLOCATE MEASURE M FUNDS FOR DESIGN SERVICES ON BRISTOL STREET AT THE I-405 FREEWAY INTERCHANGE, was adopted. Accepted Work for Street Improvements and Driveway Modifications at 2902 Red Hill Street Improvements Avenue, Parcel Map S-90-342, were completed to the satisfaction of and Driveway Modifi- the Public Services Director by Abrams Development Group, 15751 cations by Abrams Rockfield Boulevard, Suite 100, Irvine; the work was accepted, and Development Faithful Performance and Labor and Material Bonds were exonerated. Adopted Resolution. Resolution 93-47, A RESOLUTION.OF THE CITY COUNCIL OF 93-47 for Regulation THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING of Basic Cable Rates THE APPLICATION FOR CERTIFICATION FROM THE FEDERAL COMMUNICATIONS COMMISSION FOR THE REGULATION OF BASIC TIER CABLE TELEVISION SERVICE RATES, was adopted. Accepted Work for Construction of the Cadillac Avenue Bike Trail from the Santa Ana Completion of River to Cadillac Avenue, Project No. 93-02, was completed to the Cadillac Avenue Bike satisfaction of the Public Services Director on April 30, 1993, by Trail by Bopark Bopark Enterprises, Inc., 8560 Vineyard Avenue, No. 103, Rancho Enterprises Cucamonga. The work was 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. Adopted Resolution Resolution 93-48, A RESOLUTION OF THE CITY COUNCIL OF 93-48 Approving THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING 1993-94 Investment THE CITY TREASURER TO INVEST AND REINVEST IDLE Policy MONIES OF THE CITY OF COSTA MESA IN ELIGIBLE SECURITIES AND TO SELL OR EXCHANGE SECURITIES PURCHASED, AND AUTHORIZING SAID TREASURER TO DEPOSIT SUCH SECURITIES FOR SAFEKEEPING IN DESIGNATED BANKS AND SAVINGS AND LOANS AND t _20 4 AUTHORIZING THE SAID TREASURER TO DELEGATE TO THE ASSISTANT DIRECTOR OF FINANCE THE CARRYING OUT OF ANY SUCH TASKS, was adopted. WARRANTS Items 5(a), 5(b), and 6 on the Consent Calendar were presented: Warrants 1546 and Continued from the meeting of June 7, 1993, Warrant 1547; Payrolls Resolution 1546, funding City operating expenses for 9309 and 9310 $1,325,021.49, and Payroll 9309 for $1,160,333.86; and Warrant Resolution 1547, funding City operating expenses for $1,448,738.79, and Payroll 9310 for $1,165,214.92. Warrant 1548; Warrant Resolution 1548, funding City operating expenses for Payroll 9311 $863,836.45; and'Payroll 9311 for $1,167,638.57. Sid Soffer, 900 Arbor Street, Costa Mesa, asked the period of time covered by each Payroll. The City Manager responded that each payroll covers a two-week period. Mr. Soffer then asked why there were three items being approved at this meeting, and the City Manager explained that Items 5(a) and 5(b) were continued from the June 7, 1993, meeting pending information from staff on several items. MOTION/Approved On motion by Council Member Erickson, seconded by Council Warrants and Member Hornbuckle, and carried 5-0, the Warrant Resolutions and Payrolls Payrolls were approved. Construction of ! Item 15 on the Consent Calendar was presented: Contract for Corporation Yard Construction of the Corporation Yard Bike Trail from Placentia Bike Trail Avenue to 1,000 feet east of Placentia Avenue, Project No. 93-05. Project No. 93-05 Sid Soffer, 900 Arbor Street, Costa Mesa, stated that he thought the amount of the award' was excessive considering that only 1,000 feet of bike trail was being constructed, and questioned the source of the monies. The Public Services Director responded that appropriations had been received from the State through Senate Bill 821 and will cover the full expenditure. Mayor Genis pointed out that the work also includes construction of concrete curb, gutter, sidewalk, concrete slough walls, a wood and chain link fence, anti -graffiti coating to the existing Corporation Yard wall, signing and striping, and other appurtenant work. MOTION On motion by Council Member Erickson, seconded by Vice Mayor Awarded to Bopark Humphrey, and carried 5-0, the contract was awarded to Bopark Enterprises Enterprises, Inc.,` 8560 Vineyard Avenue, No. 103, Rancho Cucamonga, for $83,569.05 (Alternative "B"). Budget Adjustment Item 17(a) on the Consent Calendar was presented: Budget No. 93-40, Design Adjustment No. 93-40 for $45,000.00 to provide an additional Expenses for appropriation to cover anticipated design expenses for the Bristol Bristol/I-405 Inter- Street/I-405 Interchange Improvement. Sid Soffer, 900 Arbor change Improvement Street, Costa Mesa, asked .for the total amount of the design cost. The Public Services Director stated that the total amount is approximately $500,000.00,- which also includes the design for widening of the Bristol Street bridge which is necessary to qualify for future funding. MOTION On motion by Vice Mayor Humphrey, seconded by Council Member Adjustment Approved Erickson, and carried 5-0, the adjustment was approved. r • _.!S. z .�dj a : 7: ;,.. Agreement with East Item 18 on the Consent Calendar was presented: Agreement with Edinger Medical East Edinger Medical Clinic, 1619 East Edinger Avenue, Santa Ana, Clinic for Medical to provide medical services to the City. Ernie Feeney, 1154 Dorset Services Lane, Costa Mesa, stated that the owner of Bristol Park Medical Group,. who previously contracted with the City for these services, was a former Council person; and the catering business which provides food to the City is also owned by a former Council person. The City Manager responded that the former Council person was not the owner but an employee of Bristol Park Medical Group; and the catering business is one of many vendors used to supply meals to the City. John Feeney, 1154 Dorset Lane, Costa Mesa, pointed out the price differential between East Edinger and Bristol Park Medical, and asked how long the City has been overpaying for these services. The City Manager %ated that the quotes provided in this package are based on the current- bid, and do not reflect charges over the past 30 years. Sid Soffer, 900 Arbor Street, Costa Mesa, asked if the pricing differential would be investigated. The City Manager reiterated that the rate schedule included is applicable to the current bid. MOTION On motion by Council Member Hornbuckle, seconded by Council Agreement Approved Member Erickson, and carried 5-0, the agreement was approved, and the City Manager was authorized to sign on behalf of the City. Request to Hear Mayor Genis announced that a request had been received to address Firefighter's Item the City Manager's report regarding the Firefighters Association before the first public hearing. CITY MANAGER'S The City Manager presented the Tentative Agreement with the Costa REPORT/Tentative Mesa Firefighters Association, and summarized the Agenda Report Agreement with dated June 21, 1993. He reviewed the process by which the Firefighters Tentative Agreement was reached, and stated that after Council review, the Association membership would then be asked to ratify the, agreement. The Personnel Services Director stated that the Firefighters Association supported Council's addressing the agreement prior to membership approval. Sid Soffer, 900 Arbor Street, Costa Mesa, declared he could not condone the lessening of protective services in the City, stating he objected to channeling funds to certain "pigeon holes", such as the bike trail, and not being able to redirect the funds where needed. John Feeney, 1154 Dorset Lane, Costa Mesa, asked if the City would have the same number of firefighters with this agreement. The City Manager answered that under the budget, there would be seven fewer firefighters, and the agreement does not pertain to staffing levels. Council Member Erickson stated that it is not the City's intent to lessen protection for citizens, and pointed out that joint cooperation between cities in fire and other services is effective. MOTION On motion by Council Member Erickson, seconded by Vice Mayor Agreement Approved Humphrey, and carried 5-0, the agreement was approved. ME P t �`o 6 PUBLIC HEARING The Deputy City Clerk announced that this was the time and place 1993-94 Federal set for the public hearing to consider Federal Revenue Sharing Revenue Sharing Budget appropriations for Fiscal Year 1993-94 in the amount of Budget $318,000.00. The Affidavit of Publication is on file in the City Clerk's office. The City Manager reviewed the Agenda Report dated June 8, 1993, recommending that these funds be utilized for one-time projects and/or bond repayment. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Hornbuckle, seconded by Vice Appropriations Mayor Humphrey, and carried 5-0, the appropriations were Approved approved. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place 1993-94 Appro- set for the public hearing to consider a resolution establishing the priations Limit 1993-94 Appropriations Limit at $74,692,521.00. The Affidavit of Publication is on file in the City Clerk's office. The City Manager reviewed the Agenda Report dated June 1, 1993. The Finance Director explained the appropriations limit, how it is calculated, and the affect on the current budget. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Buffa, seconded by Council Member Resolution 93-49 Erickson, and carried 5-0, Resolution 93-49, A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, DETERMINING AND ADOPTING AN APPROPRIA- TIONS LIMIT FOR THE FISCAL YEAR OF 1993-94, IN ACCORDANCE WITH ARTICLE XIII -B OF THE CONSTI- TUTION OF THE STATE OF CALIFORNIA, AS AMENDED BY PROPOSITION 111 AND SB 88, was adopted. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place 1993-94 City Budget set for the public hearing to consider the adoption of the City budget for Fiscal year 1993-94; and a resolution approving the 1993-94 Preliminary Budget document as amended. The Affidavit of Publication is on file in the City Clerk's. office. A petition was received from Casa: Bella, a senior complex, 1840 Park Avenue, Costa Mesa, protesting layoff of firefighters at Station No. 3. The Finance Director summarized the Agenda Report dated June 14, 1993. Ernie Feeney, 1154' Dorset Lane, Costa Mesa, complimented the City on conducting the budget review meetings. She made the following suggestions: delete $4,500.00 for Grad Night, as listed on Page 4 of the Line Item Budget; and delete committee staff time of $9,875.00 in the Council Budget. She inquired if the City had forwarded 1099 Forms to recipients of Cable Television Committee grants. The City Attorney stated he will research the necessity of providing the 1099 forms. Ms. Feeney stated that, regarding the Senior Grant of $150,000.00 with matching funds of $100,000.00, Page 146 in the 'Program Budget, the Community Services Department did not have a record of actual revenues received from the Senior Corporation. She requested a list of contributors to the Senior Corporation for the 1992-93 budget, and asked to receive a copy each quarter'of the list before matching funds are paid. 1 Charles Robertson, 1885 Tahiti Drive, Costa Mesa, President of the Mesa Verde Homeowners Association, expressed concern regarding the possible reduction of fire and paramedic services at the Royal Palm Fire Station. He asked for reassurance that the station would remain open and adequately staffed. Additionally, he requested that if it became necessary to transfer a Royal Palm engine company to the new Metro Fire Station, that the equipment and crew be returned to Royal Palm during the evening hours. John Feeney, 1154 Dorset Lane, Costa Mesa, stated that there were funds for special interest groups remaining in the budget, .and pointed out specific instances. He noted that citizens would only support future tax increases if they were applied to police and fire services. Nancy Palme, 1997 Kornat Drive, Costa Mesa, commented that Balearic Center is`�one of the best used community facilities in the City, and stated that the budget meetings were worthwhile. Mayor Genis asked the City Manager for a breakdown of the General Fund monies in the Program Budget, approximately $38,000.00, which are allocated to special events. Heather Somers, 313 Robin Hood Lane, Costa Mesa, asked if there is a deadline on the Helicopter Joint Powers Agreement, stating that the agreement would reduce the $1.7 million allocated in the budget for helicopter services. The City Manager responded that the Police Department has a six-month time frame from adoption of this budget in which to formulate and implement a plan for joint helicopter service with one or more adjoining agencies. He stated any savings from the agreement could be utilized in the Police Department or any other area of the City because those are General Fund dollars. Ms. Somers asked about replacing uniformed personnel of the Crime Scene Investigation (CSI) Division with staff members, and the effect on the budget of such action. The City Manager stated that the budget would be affected because of the. addition of civilian personnel but would put six uniformed officers back in the field. Ms. Somers asked if it would be possible to lease instead of own the Police helicopters. The City Manager replied that anything is an option. Janice Davidson, 1982 Arnold Avenue, Costa Mesa, opposed cutting police and fire services. Council Member Erickson reiterated that six additional Police officers will be in the field, and the staffing level at the six fire stations of 32 employees in any one shift will remain the same. Ms. Davidson stated she would like to see helicopter services continued in the evening hours. Sid Soffer, 900 Arbor Street, Costa Mesa, supported the helicopter services. John Feeney, 1154 Dorset Lane, Costa Mesa, asked how many fire- fighter positions are being eliminated. The City Manager replied there are two current vacancies and seven firefighter positions which will be eliminated, for a total of nine positions in next year's budget. Mr. Feeney asked how many sworn officers are in the budget. The Finance Director responded that there are 140. Mr. Feeney reported that the current preliminary crime rate figures indicate that in cities under 100,000 population, Costa Mesa has the second highest rate for major crimes in Orange County. 'Ernie Feeney, 1154 Dorset Lane, Costa Mesa, noted that the number of sworn officers has not increased for three years, and asked what the population increase has been in that time. The City Manager estimated a 4,000 to 6,000 increase. Sid Soffer, 900 Arbor Street, Costa Mesa, suggested that experts such as the Fire Chief and the Police Chief be consulted to determine the actual needs in the City. The City Manager responded that all departments had been asked for a self-evaluation on cuts which could be safely made and still maintain the current level of service. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council. Member Buffa, seconded by Council Member Hearing Reopened Hornbuckle, and carried 5-0, the public hearing was reopened. Robert Graham, 2865, Chios Road, Costa Mesa, expressed thanks to Council for approval of the Consent Calendar bike trail items. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Erickson, seconded by Amended Attach- !Mayor Genis, to amend Page 2 of Attachment A, of the Agenda ment A Report, by adding "Eliminate Grad Night - $4,500.00"; with a request to clarify whether elimination of the operating budget for committees of $15,000.00 is the entire committee budget. Council Member Hornbuckle asked the City Manager to address the matter of staffing for committees at the July 19, 1993, Council meeting. The City Manager suggested amending the budget at a later date based on Council direction. SUBSTITUTE A substitute motion was made by Council Member Hornbuckle, MOTION seconded by Council Member Erickson, to eliminate the Grad Night Grad Night allocation of $4,500.00 from this years budget. The substitute Eliminated motion carried 3-2, Council Members Humphrey and Buffa voting no. Council Member Hornbuckle clarified that she did support the concept of Grad Night and suggested it could still be held without the City's support. - Council Members Humphrey and Buffa spoke on behalf of retaining Grad Night funding, and therefore opposed the motion. MOTION On motion by Council Member Hornbuckle, seconded by Vice Resolution 93-50 Mayor Humphrey, and carried 5-0, Resolution 93-50, A Adopted RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING A BUDGET FOR THE FISCAL YEAR 1993-94, including amended Attachment A, was adopted. Mayor Genis requested that on follow up action items, due dates be made more specific than those presently shown. The City Manager stated that it was a rough estimate and would be refined. The Fire Chief responded to a question from Council Member Buffa by stating that level of service of the Fire Department, even though there will be a reduction in staff, will be maintained at its current level. He stated that response times will be tracked with the objective being to arrive at the scene of an emergency within five 1 PUBLIC HEARING minutes of notification for 90 percent of the requests. He reported 1993-94 General that several staffing plans had been considered, the finishing touches Fund Operating will now be applied, and implementation will begin July 1, 1993. Reserve The Deputy City Clerk announced that this was the time and place set for the public hearing to consider a resolution establishing the funding level of $14.1 million for the 1993-94 General Fund Operating Reserve. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The City Manager reviewed the Agenda Report dated June 9, 1993, suggesting that this item be approved for a General Fund operating shortfall of up to $600,000.00. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Buffa, seconded by Council Member Resolution 93-51 Hornbuckle, and carried 5-0, Resolution 93-51, A RESOLUTION Adopted OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DETERMINING AND ADOPTING THE GENERAL FUND OPERATING RESERVE FOR THE 1993-94 FISCAL YEAR, IN ACCORDANCE WITH TITLE 2, CHAPTER V, ARTICLE 6, OF THE COSTA MESA MUNICIPAL CODE, was adopted. RECESS The Mayor declared a recess at 9:20 p.m., and the meeting reconvened at 9:30 p.m. PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued Civic Center from the meeting of April 5, 1993, to consider the Accessibility Accessibility Study Survey and Report for the Costa Mesa Civic Center. MOTION On motion by Council Member Hornbuckle, seconded by Mayor Continued to Genis, and carried 5-0, this item was continued to the meeting of July 6, 1993 July 6, 1993. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place 1991 Uniform set for the public hearing to consider adoption of Ordinance 93-12, Swimming Pool Code adopting the 1991 Uniform Swimming Pool Code. First reading of the ordinance was given at the meeting of May 17, 1993. The Affidavit. of Publication is on file in the City Clerk's office. No communications were received. The City Attorney reported that the ordinance now incorporates the changes requested by Council. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Hornbuckle, seconded by Mayor Ordinance 93-12 Genis, and carried 5-0, Ordinance 93-12, AN ORDINANCE OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, AMENDING CHAPTER IV OF TITLE 5 OF THE COSTA MESA MUNICIPAL CODE BY ADOPTING THE 1991 UNIFORM SWIMMING POOL CODE, AND LOCAL AMEND- MENTS THERETO, was given second reading and adopted. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Appeal from set for the public hearing to consider the application from Eugene S. Scarcello of Scarcello, 1706B Newport Boulevard, Costa Mesa, appealing the PA -93-22, Cassidy Planning Commission's approval of Planning Action PA -93-22, Brennan Cassidy, 131 East 17th Street, Costa Mesa, authorized agent for the City of Costa Mesa, for a variance from setback requirements (20 feet required; 4 feet minimum to be provided) in conjunction with the construction of a 2,736 -square -foot medical kyx 5 t S _210 t` 'building located at 121 East 17th Street in a C2 zone. Environmental Determination: Negative Declaration. The Deputy City Manager/Development Services summarized the Agenda Report dated June 9, 1993., He reviewed graphics of the site, and responded to questions from Council. iJerry King, 130 Newport Center Drive, Suite 140, Newport Beach, ;representing Eugene Scarcello and Dr. Stevan Dweck, stated his opposition to the application because of its negative effect on the :entire site and his client's property. He requested a two-week continuance so that all parcels could be considered. 'James "Buzz" Person, 507-A 29th Street, Newport Beach, represent- ing Dr. Cassidy, defended the project, stating that the floor area ratio (FAR) is .16 which is considerably lower than the 3.0 allowed. ,He stated that the project meets or exceeds all code requirements. 'Considerable discussion ensued regarding the project driveway, the FAR, and various other aspects of this undertaking. Sid Soffer, 900 Arbor Street, Costa Mesa, asked about the necessity for setbacks. The City Attorney responded that they are needed for the purpose of right-of-way acquisitions, site lines, landscaping, and separation between buildings for fire safety. Mr. Soffer suggested :adding line -of -sight as an additional reason. MOTION/Continued On motion by Council Member Hornbuckle, seconded by Mayor to July 6, 1993 Genis, and carried 5-0, this item was continued to July 6, 1993. OLD BUSINESS :The Deputy City Clerk presented a resolution providing for a PERS Service Credit designated period to grant two years' additional service credit for local miscellaneous members of the Public Employees Retirement System. The Personnel Services Director reviewed the Agenda Report dated June 16, ,1993, noting that the recommended action was for the Mayor, not the City Manager, and Deputy City Clerk to execute the required documents. Council Member Buffa left the chambers. MOTION 'On motion by Vice Mayor Humphrey, seconded by Council Member Resolution 93-52 Erickson, and carried 4-0, Council Member Buffa absent, Resolution Adopted 93-52, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, TO GRANT AN ADDI- ' TIONAL DESIGNATED PERIOD FOR TWO YEARS ADDI- TIONAL SERVICE CREDIT, was adopted; and the Mayor and Deputy City Clerk were authorized to : sign the appropriate documents. Council Member Buffa returned. OLD BUSINESS The Deputy City Clerk presented a resolution designating an Traffic Impact Fee effective date for traffic impact fees, and City Attorney's Report No. 93-58. The City Attorney reported that the traffic fee effective date of June 7, 1993, as stated in Resolution 93-43 which was adopted at the June 7th meeting, is in error; and the proposed resolution clarifies the effective date of August 6, 1993. MOTION On motion by Council Member Hornbuckle, seconded by Vice Resolution 93-53 'Mayor Humphrey, - and carried 5-0, Resolution 93-53, A Adopted RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING THE EFFECTIVE DATE OF A TRAFFIC IMPACT FEE ADOPTED 'BY RESOLUTION 93-43, was adopted. 1 OLD BUSINESS The 'Deputy City 'Clerk presented a request from Vice Mayor Accessibility Humphrey for City Council reconsideration of an appointment to the Standards Compli- Accessibility Standards Compliance Board of Appeals. The City ance Board Manager reviewed the Agenda Report dated June 16, 1993. MOTION A motion was made by Vice Mayor Humphrey, seconded by Board Members Council Member Hornbuckle, to remove Dr. Keith Clark from the Appointed Accessibility Standards Compliance Board; to appoint Robert Fernandez to the vacated position, giving up his current position as alternate member of the Building, Housing, and Fire Codes Board of Appeals; and to appoint Richard Finfrock as the alternate member. The motion carried 5-0. Staff was directed to notify Dr. Clark of this action. MOTION On motion by Vice Mayor Humphrey, seconded by Council Member Board Name Changed Buffa, and carried 5-0, the Accessibility Standards Compliance Board of Appeals= was renamed the Access Appeals Board. NEW BUSINESS The Deputy City. Clerk presented an Appeal of Informal Bid 242-289 Appeal of Informal from Microtech Professional Services, 22123 Pheasant Street, Lake Bid 242-289 Forest. She announced that a telephone request for a two-week continuance had been received. MOTION On motion by Council Member Hornbuckle, seconded by Council Continued to Member Buffa, and carried 5-0, -.this item was continued to the July 6, 1993 meeting of July 6, 1993. CITY ATTORNEY'S The City Attorney requested a =closed session pursuant to REPORTS Government Code Sections 54956.9(x) and 54956.9(b)(1), to discuss Request for Closed the following items: Orville Amburgey v. City of Costa Mesa, et Session: Amburgey al., Orange County Superior Court Case No. 70 98 03; Jeffrey Zych v. City; Zych v. v. City of Costa Mesa, et al., Orange County Superior Court Case City; Rubio v. City; No. 70 36 30; Bernard Rubio v. City of Costa Mesa, et al., Orange and Larry H. Brown County Superior Court Case No. 70 3158; and claim from Larry H. Claim Brown. Mayor Genis announced that closed session would be held after the close of regular business. COUNCIL Council Members Erickson, Buffa, Hornbuckle, Humphrey, and COMMENTS Genis, all expressed their sadness at the passing of Clarence Clarke, Clarke Commemo- noting that services would be held at St. John the Baptist Catholic ration Church on Baker Street, with the Rosary on Wednesday at 6:30 p.m., and the funeral on Thursday, at 11:00 a.m. ADJOURNED TO At 10:30 p.m., the Mayor adjourned the meeting to a closed session CLOSED SESSION in the first floor conference room to discuss the items listed under City Attorney's reports. MEETING The Mayor reconvened the meeting at 10:50 p.m., and the action RECONVENED taken during closed session was announced. MOTION/Authorized Regarding Orville Amburgey v. City of Costa Mesa, et al., Orange to Make Statutory County Superior Court Case No. 70 98 03, by a vote of 5-0, the Offer of Compromise; City Attorney was authorized to make a statutory offer of Amburgey v. City compromise in accordance with his confidential memorandum dated June 11, 1993, and case management strategies were approved: MOTION Regarding Jeffrey Zych v. City of Costa Mesa, et al., Orange Zych v. City; County Superior Court Case No. 70 36 30, by a vote of 5-0, the Settlement Offer settlement offer as outlined in the City Attorney's confidential Rejected memorandum dated June 15, 1993, was rejected. MOTION Regarding Bernard Rubio v. City of Costa Mesa, et al., Orange Rubio v. City; County Superior Court Case No. 70 31 58, by a vote of 5-0, the Settlement Offer settlement offer dated' May 28, 1993, was rejected, and the City Rejected Attorney was given direction on future settlement negotiations. I MOTION/Settlement ;Regarding the claim 'from Larry H. Brown, by a vote of 5-0, Authorized for settlement was authorized per the City Attorney's confidential Brown Claim memorandum dated June 16, 1993. ADJOURNMENT ;The Mayor declared the meeting at 11:50 p.m. I , Mayor of the City of Costa Mesa 'ATTEST: F .Deputy Ci Clerk of the City of Costa Mesa