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HomeMy WebLinkAbout07/06/1993 - City Council1 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JULY 61 1993 The City Council of the City of Costa Mesa, California, met in regular session July 6, 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, followed by the Pledge of Allegiance to the Flag, and invocation by the Reverend Gerardo Tanilong, St. Joachim Catholic Church. ROLL CALL Council Members Present: Mayor Sandra Genis Vice Mayor Jay Humphrey Council Member Mary Hornbuckle Council Member Peter Buffa Council Member Joe Erickson Council Members Absent: None Officials Present: City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Development Services Donald Lamm Public Services Director William - Morris Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Hornbuckle, seconded by Vice June 21, 1993 Mayor Humphrey, and carried 5-0, the minutes of the regular meeting of June 21, 1993, were approved as distributed. ORDINANCES AND A motion was made by Council Member Buffa, seconded by Council RESOLUTIONS Member Erickson, and carried 5-0, to read all ordinances and resolutions by title only. PRESENTATION Hank Panian gave a brief preview of a videotape produced by the Historical Society Costa Mesa Historical Society, and commended its Board of Directors for their work. Thereafter, the video was shown which is a conceptual approach on the history of the Costa Mesa area. ORAL COMMUNI- Janice Davidson, 1982 Arnold Avenue, Costa Mesa, described the CATIONS annual 4th of July block party held in her neighborhood which included "safe and sane" fireworks. She thanked Council for Davidson Comments allowing safe fireworks to be enjoyed by the citizens of the City. Ms. Davidson commended City staff members Muriel Berman and Paula Schaefer for their work on the community clean-up program which was held recently on the west side of the City. She also commended Richard Sewell for funding the salaries of three handicapped persons so that they could continue working for the City; and for his donation of 30 gallons of paint for the community clean-up project. Mayor Genis also expressed her appreciation to Muriel Berman and Paula Schaefer for the many hours they spent on the clean-up program. Bike Trails Robert Graham, 2865 Chios Road, Costa Mesa, expressed his concern because the Fairview Park bike trail does not connect with Orange County's bike trail along the Santa Ana River. Pictures of the area were shown on the overhead projector, and Mr. Graham pointed out that a chain link fence separates the two bike trails. The Mayor asked the Public Services Director to find out whether this situation can be rectified. PA -93-33 Heather Somers, 313 Robin Hood Lane, Costa Mesa, referred to Meehan Planning Action PA -93-33, for Kevin Meehan, to convert a motel into a community furlough facility for low-risk offenders at 2100 Newport Boulevard, which was scheduled for the Planning Commission meeting of June 28, 1993. Ms. Somers expressed displeasure with the fact that a letter she had written to Mr. Meehan, addressing the concerns of the neighbors, was not distributed to the Planning Commissioners per her instructions because the application had been withdrawn by Mr. Meehan. She contended that copies should have been given to the commissioners even though the item had been withdrawn. She stated that after talking with the Planning staff, the letter did go out to the commissioners after the fact. Mayor Genis' requested that if another application is filed for this type of project at another location, the subject letter should be included with any other reports sent to the Planning Commissioners. Santa Ana River Nancy Palme, 1997 Kornat Drive, Costa Mesa, representing the Project Mesa Verde Homeowners Association, reported that since the last Council meeting at which she complained about the Santa Ana River Project construction noise which continued from very early in the morning to late at night, she discovered that the work hours have been reduced to that which the Army Corps of Engineers agreed, 7:00 a.m. to 6:00 p.m. She thanked Council for anything they did to help alleviate the nuisance. Mayor Genis stated that the Public Services Director and his staff assisted in resolving the problem. CONSENT The following item, was removed from the Consent Calendar: Item CALENDAR 3, Repeal of the Cynthia Court Specific Plan. MOTION On motion by Vice Mayor Humphrey, seconded by Council Member Approved Except Hornbuckle,'and carried 5-0, the remaining Consent Calendar items Item 3 were approved as recommended. WRITTEN Resolution 93-54, A, RESOLUTION OF THE CITY COUNCIL COMMUNICA- OF THE CITY; OF COSTA MESA, CALIFORNIA, TIONS AUTHORIZING RECORDS DESTRUCTION FOR THE CITY Records Destruction MANAGER'S ' OFFICE OF THE CITY OF COSTA MESA for City Manager and PURSUANT TO ORDINANCE NO. 75-60, was adopted. City Clerk; Adopted Resolutions 93-54 Resolution 93-55, A RESOLUTION OF THE CITY COUNCIL and 93-55 OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING RECORDS DESTRUCTION FOR THE CITY CLERK'S OFFICE OF THE CITY OF COSTA MESA PURSUANT TO ORDINANCE NO. 75-60, was adopted. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Stephanie Ann Cesareo; Donald G. Mascia; Bahiem Natanbakhsh; Bob Ridgway; and Cesar Romero. Alcoholic Beverage Alcoholic Beverage Licenses for which parking has been approved Licenses by the Planning Staff: ,Samir Abujudeh, Issa Aldayyat, and Mansour Khalifieh, doing business as Cheers Market, 1525 Mesa Verde Drive East, Suites 127 and 129; and Suelad, Inc., doing business as Chester Drawer's and Costa Mesa Omelette Parlor, 179 East 17th Street. 1 r r ? : 2 1 11 ow �� g0 5 Public Utilities Notice from Southern California Gas Company that-it.has filed Commission Application No. 93-06-018 .with the Public Utilities Commission requesting an increase in rates for shareholder incentives for the 1992 energy conservation program accomplishments. SET FOR PUBLIC The following item was set for public hearing on July 19, 1993, at HEARING/Hearing 6:30 p.m., in the Council Chambers of City Hall: Set for July 19, 1993 Amendment to Specific Plan SP-79-01/O1VOIA2, City of Costa Mesa, to consider revisions to update language in the Plan and to Amendment to consider incentives for lot combinations. Environmental SP-79-01/01A/OIA2 Determination: Environmental Impact ReportNo. 1044 adopted for the 1990 General Plan. Warrant 1549/Payroll Warrant Resolution 1549, finding City operating expenses for 9312 Approved $1,106,160.34; and Payroll 9312 for $1,227,969.90, were approved. REJECTED. CLAIMS The following claims were rejected: Nave Melody Nave (ankle injury during jazzercise class). Pacific Bell Pacific Bell (underground cable and conduit damaged by contractor). Richell Robert Richell (lack of speed bumps contributed to collision). Staffani Marc Steffani (alleged false arrest and improper vehicle impound). Williams Daniel N. and Anna A. Williams (fatal accident on 405 Freeway). ADMINISTRATIVE One bid received for Construction of Handicap Modifications at the ACTIONS/Handicap Costa Mesa Senior Center is on file in the City Clerk's office. The Modifications at contract was awarded to Bopark Enterprises, Incorporated, 8560 Senior Center Vineyard Avenue, Suite 103, Rancho Cucamonga, for $19,313.75. Awarded to Bopark Bids received for Construction of Traffic Signals and Safety Lighting Signals and .Lighting at Victoria Street and American Avenue, Project No. 93-06, are on at Victoria/American file in the City Clerk's office. The contract was awarded to Awarded to Macadee Macadee Electrical Construction, 14771 Cherry Circle, Chino Hills, for $73,385.00. Accepted Work by Pressure Washer Cleaning Facility, Project No. 93-01, was Metro Builders for completed on June 11, 1993, to the satisfaction of the Public Completion of Services Director by Metro Builders and Engineers Group, Ltd., Pressure Washer 2460 South Orange Street, Santa Ana. The work was accepted; the Cleaning Facility, Deputy City Clerk was authorized to file a Notice of Completion; Project 93-01 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. Accepted Work by Asbestos Removal and Demolition at 170 and 212 Del Mar Avenue Barsotti's for and 523 Hamilton Street, Project No. 93-04, was completed on June Completion of 14, 1993, to the satisfaction of the Public Services Director by .Asbestos Removal and Barsotti's, Incorporated, 11936 Altamar Place, Santa Fe Springs. Demolition on Del The work was accepted; the Deputy City Clerk was authorized to Mar and on Hamilton, file a Notice of Completion; authorization was given to release Project 93-04 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. 216 Il ae'i Approved Budget Budget Adjustment No. 93-23 for $12,000.00, to increase the Adjustment 93-23 for appropriation for the Golf Course Parking Lot Slurry Seal Project, Golf Course was approved. Approved Agreement An agreement with David Evans and Associates, Incorporated, 1000 With David.Evans to East Garvey Avenue South, Suite 250, West Covina, for Design Six Tot Lots $11,800.00, to design six tot lots and prepare an Americans with Disabilities Act and Title 24 Accessibility Report, was approved, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Approved Agreement Renewal of a Subscription_ Agreement with Orange County - City with County -City Hazardous Materials Emergency Response Authority for hazardous Hazardous Materials materials emergency response service, as outlined in City Attorney's Emergency Response Report No. 93-66, was approved, and the Mayor was authorized to Authority sign on behalf of the City. Adopted Resolution , Resolution 93-56, A. RESOLUTION OF THE CITY COUNCIL 93-56; Withdrawal OF THE CITY OF COSTA MESA, CALIFORNIA, from SARFPA AUTHORIZING WITHDRAWAL OF MEMBERSHIP IN THE SANTA ANA RIVER FLOOD PROTECTION AGENCY (SARFPA), was adopted. Cynthia Court Item 3 on the Consent Calendar was presented: Set a public hearing Specific Plan to consider repeal of the Cynthia Court Specific Plan, City of Costa Mesa, located on the west side of Santa Ana Avenue, beginning 260 feet south of the centerline of Wilson Street. Environmental Determination: Exempt. Kerry Smith, 375 Promontory Drive West, Newport Beach, reported that his request for subdivision of his property is being delayed until after repeal of this Specific Plan. Assuming that Council repeals the Specific Plan on July 19, 1993, he requested having his subdivision request scheduled for the Planning Commission meeting the following week. The Deputy City Manager/Development Services reported that staff can proceed with Mr. Smith's request ;immediately following Council's action on the MOTION/HearingSet Specific Plan. On motion by Vice Mayor Humphrey, seconded by for July 19, 1993 Council Member Erickson, and carried 5-0, this item was set for public hearing on July 19, 1993. PUBLIC HEARING The Deputy City Clerk announced . the public hearing, continued Scarcello's Appeal of from the meeting of June 21, 1993, to consider the application from PA-93-22/Cassidy Eugene S. Scarcello, 1706B Newport Boulevard, Costa Mesa, appealing the 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 requirement's (20 feet required; 4 feet minimum to be provided) in conjunction with construction of a 2,736 -square -foot medical building at 121 East 17th Street, in a C2 zone. Environmental Determination: Negative Declaration. A communi- cation was received' from Eugene Scarcello earlier in the day, expressing his willingness to cooperate with Brennan Cassidy in his endeavor to develop the property. The Deputy City Manager/Development Services reviewed the Agenda Report dated June 29, 1993, and noted that the public hearing was continued from June 21, 1993, because the Planning Commission's findings and conditions of approval were not available at that time. CoUncil' Member Hornbuckle requested clarification of issues mentioned in Mr. Scarcello's letter: that the structure encroaches upon a utility easement, and that the site plan does not _1 1 include the required trash enclosure. The Deputy City Manager responded that it did not appear to him that the building was encroaching upon the easement; however, if there were a problem, it would have to be resolved by the developer and the utility companies. As to the trash enclosure, the Deputy City Manager reported that typically, the enclosure would be located near the back planter area. He also pointed out that the action taken by Council this evening would be incorporated into a resolution for adoption at the meeting of July 19, 1993. James "Buzz" Person, 507A - 29th Street, Newport Beach, representing Brennan Cassidy, agreed to the Planning Commission's conditions of approval and findings as shown in Exhibits "A" and "B" of the Agenda Report. Betty Jean Beecher, 200 Magnolia Street, Costa Mesa, asked if this development wouldii'eliminate "Tear Drop Park". The Deputy City Manager responded affirmatively, stating that this area would be landscaped. He also noted that the subject area has never been an official City park, and the plan which has been submitted retains most of the Eucalyptus trees. Council Member Buffa suggested that Mr. Person, Brennan Cassidy, and Mr. Scarcello meet to discuss the issues contained in Mr. Scarcello's letter. Mr. Person supported that recommendation. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Erickson, seconded by Vice Mayor PA -93-22 Approved Humphrey, and carried 5-0, Planning Action PA -93-22 was approved based on the Analysis and Findings, and subject to the Conditions of Approval, all of which are contained in the Agenda Report dated June 29, 1993. Mayor Genis commented that approval of this application is in no way intended to be a commitment to sell the property at this time. PUBLIC HEARING The Deputy City Clerk announced � the public hearing, continued Handicap Access at from the meeting of June 21, 1993, to consider the handicap access the Civic Center at the Costa Mesa Civic Center consisting of (a) Accessibility Survey and Report for the Civic Center by SGPA ("SGPA Report"); and (b) Report on program accessibility, existing facilities, and communications self-evaluation survey ("Survey Report"). The Affidavit of Publication is on file in the City Clerk's office. • No communications were received. The City Attorney reviewed the document under consideration which consists of his Report No. 93-72 which addresses all the legal requirements; a report from the Facilities and Equipment Superintendent in which he summarizes the findings and recommendations of the Ad Hoc,,;Task Force; and reports from each City department. He recommended that Council receive public comments; direct the SGPA and Survey reports to the Access Appeals Board for public hearing on August 3, 1993, with instructions to provide comments to City Council; and continue this public hearing to a future date to consider all comments and make decisions on priorities for retrofit work at the Civic Center; policies to make programs more accessible; a capital improvement plan for the Civic Center; and to the extent possible, findings for those facilities that Council believes cannot be brought into 100 percent compliance. M MOTION/Referred to Access Appeals Board Hearing on August 3, 1993; Continued the Public Hearing to September 7, 1993 PUBLIC HEARING GP-93-03A/R-93-02 City of Costa Mesa MOTION Resolution 93-57 Adopted; Ordinance 93-13 Given First Reading The Mayor invited comments from the public; however, there were no speakers on this item. A motion was made by Council Member Hornbuckle, seconded by Council Member Buffa, and carried 5-0, referring the "SGPA Report" and "Survey Report" to the Access Appeals Board for public hearing.on August 3, 1993, and continuing this public hearing to September 7, 1993. The Deputy City Clerk announced that this was the time and place set for the public hearing to consider General Plan Amendment GP - 93 -03A and Rezone Petition 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. The Affidavit of Publication is on file in the City Clerk's office., No 'communications were received. The Deputy City Manager/Development Services reviewed the Agenda Report dated June 24, 1993, recommending General Commercial land use and Cl zoning which would be compatible with the adjacent land also owned by the County of Orange. Vice Mayor Humphrey asked if permanent structures could be placed on the covered segment. The Deputy City Manager responded that it is typical of the Orange County Flood Control District, when selling land, to allow easements for surface use only, for example, parking or landscaping. There being no speakers, the Mayor closed the public hearing. On motion by Council Member Hornbuckle, seconded by Vice Mayor Humphrey, and carried 5-0, the following action was taken: The Negative Declaration of Environmental Impact and the DeMinimis Finding were adopted. Resolution 93-57, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -93-03A, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, was adopted. Ordinance 93-13, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING REZONE PETITION R-93702, ESTABLISHING ZONING FOR THE COVERED PORTION OF THE SANTA ANA DELHI CHANNEL BETWEEN S. E. BRISTOL AND SR -73, was given first reading. (Second reading and adoption will be scheduled for the Council meeting of July 19, 1993.) PUBLIC HEARING The Deputy City Clerk announced that this was the time and place GP -93-03B set for the public hearing to consider General Plan Amendment GP - City of Costa Mesa 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. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. 1 The Deputy City Manager/Development Services summarized the Agenda Report dated June 24, 1993, reporting that this change is simply a General Plan clean up process. There being no speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Erickson, seconded by Resolution 93-58 Council Member Hornbuckle, to adopt the Negative Declaration of Adopted Environmental Impact and the DeMinimis Finding, and to adopt Resolution 93-58, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -93-03B, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA. Vice Mayor Humphrey noted that a mobile home park is located in the subject area. He felt that mobile home parks, which are useful, affordable housing elements in the City, should have their own zoning designation or residential zoning. He asked that Council address this matter in the near future. Mayor Genis did not agree with the recommendation; therefore, she could not support the motion. The motion carried 4-1, Mayor Genis voting no. Council Member Hornbuckle mentioned that a few years ago, a study was done on an overlay zone for mobile home parks, and requested that this study be scheduled for a study session, but not earlier than September. The City Manager stated that he would have copies of the study sent out to Council prior to scheduling it for a study session. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place SP -84-02 set for the public hearing to consider a proposed amendment to City of Costa Mesa Specific Plan SP -84-02, City of Costa Mesa, for properties in the block bordered by Bernard Street, Parsons Street, Ford Road, and Harbor Boulevard. Environmental Determination: Exempt. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Deputy City Manager/Development Services reviewed the Agenda Report dated June 23, 1993, reporting that the Specific Plan text is outdated in that it reflects inappropriate zoning and General Plan language. He referred to Page 11 of the Agenda Report which outlines eight proposed amendments to the text. There being no speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Buffa, seconded by Council Adopted Resolution Member Erickson, to adopt Resolution 93-59, A RESOLUTION 93-59 Amending OF THE CITY COUNCIL OF THE CITY OF COSTA SP -84-02 MESA, CALIFORNIA, ADOPTING SPECIFIC PLAN AMENDMENT SP -84-02A, WHICH AMENDS DEVELOP- MENT STANDARDS OF SPECIFIC PLAN SP -84-02. Discussion ensued on providing a buffer for the residential area on Parsons Street adjacent to the commercial zone. Mayor Genis suggested language for an additional development standard to AMENDED address this issue. Council Member Buffa amended the motion to MOTION incorporate Amendment No. 9 in Specific Plan Amendment SP -84 - Added Amendment 02A, and to include it in the resolution: "Commercial development No. 9 adjacent to Parsons Street shall provide a 20 -foot landscape buffer with a block wall or similar structure". The amended motion was seconded by Council Member Erickson, and carried 5-0. 20 OLD BUSINESS The Deputy City Clerk presented from the meeting of June 21, Appeal of Informal 1993, an appeal of Informal Bid No. 242-289 from Microtech Bid 242-289 by Professional Services, 22123 Pheasant Street, Lake Forest, to Microtech provide annual maintenance of computer terminals for the Police Department. The City Manager summarized the Agenda Report dated June 11, 1993, which details the issues regarding the appeal. James Nguyen, Microtech Professional Services, expressed his opinion that the sales tax in his bid should not have been included in the evaluation, and commented that the low bidder did not show the amount of the tax. The City Attorney explained that the sales tax is not the issue in this case; the issue is the total amount of the bid. He reported that the appellant is asking Council to change the amount of the bid, which would be in violation of Public Contracts Code Section 5101; and it was on this basis that his protest was rejected by the purchasing officer. He further reported that the low. bidder (Information` System Services) will be required to provide .parts and services at its quoted price of $8,100.00, including tax. MOTION Upheld Purchasing After discussion, a motion was made by Council Member Erickson, Officer's Decision to seconded by Vice Mayor Humphrey, and carried 5-0, to uphold the Award the Contract to purchasing officer's decision to award the contract to the lowest j the Lowest Bidder bidder, Information'System Services. OLD BUSINESS The Deputy City Clerk presented a request to establish an ad hoc Ad Hoc Committee committee on Citywide traffic impact fees. The Public Services i on Citywide Traffic Director summarized .the Agenda Report dated June 22, 1993, and Impact Fees reported that during discussions on the traffic impact fee program, Council directed staff to come back within 30 days with a proposed ad hoc committee which would further review the trip fees, especially the regional numbers that the County is presently evaluating, and to revisit some of the freeway traffic improvements. The Public Services Director outlined staffs proposal for structure of the committee which would include seven voting members: one member from the Planning Commission; one from the Transportation Commission, one representing a major developer (over 30 acres); one representing the smaller developers (under 30 acres); one from the Chamber of Commerce; and two at -large members (including at least one homeowners association representative). He stated that additional members on the committee would consist of one nonvoting Council Member to act as Chair Person; and City staff from Transportation Services and Development Services. In conclusion, the Public Services Director reported that in order to comply -with the requirements of Measure "M", Council must again review the Citywide traffic impact fees, and either reconfirm or readopt them by June, 1994. Council Member Erickson was concerned about the proposed commission representation since Council soon will be considering a restructure of the existing commissions. Council Member Buffa suggested proceeding with staffs recommendation, and if the Transportation Commission were to be disbanded, two Planning Commissioners could be appointed. After brief discussion, Council decided to proceed, with staffs recommendation, and to make necessary adjustments when the need arises. MOTION A motion was made by Vice Mayor Humphrey, seconded by Authorized Formation Council Member Buffa, and carried 5-0, approving formation and of Ad Hoc Committee structure of an ad hoc committee as outlined in the Agenda Report of June 22, 1993, and directing staff to seek applicants for appointment by the City Council. Council Member Hornbuckle recommended that staff send letters to the homeowners associations inquiring if any of their members are interested in serving on the committee, with a request that the Board of Directors of each homeowners association provide the City with a letter naming the person they have chosen to be their representative. NEW BUSINESS The Deputy City Clerk presented a request from Children's Hospital Request for Street of Orange County, Post Office Box 5700, Orange, to install street Banners from banners promoting the third Annual CHOC/Disneyland Community Children's Hospital Walk on October 17, 1993. The City Manager summarized the Agenda Report dated June 15, 1993, noting that Southern California Edison Company,*ill install and remove the banners as part of its MOTION sponsorship of the-dvent. A motion was made by Council Member Request Approved Buffa, seconded by Council Member Erickson, and carried 5-0, approving the request. NEW BUSINESS On motion by Council Member Buffa, seconded by Vice Mayor Request from Humphrey, and carried 5-0, Council accepted the withdrawal of a Faucetta/Koury to General Plan Amendment screening request from Joel Faucetta, Process a General 1010 East Chestnut Avenue, Santa Ana, authorized agent for Robert Plan Amendment Koury, to change the land use designation of property at 2080 Newport Boulevard (Sea Breeze Motel) from Neighborhood MOTION Commercial to a special High Density Residential use to Withdrawn accommodate affordable housing. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORT/Request for Government Code Section 54956.9(a) to discuss the lawsuit of Closed Session: Orville Amburgey v. City of Costa Mesa, et al., Orange County Amburgey Lawsuit Superior Court Case No. 70 98 03. Mayor Genis announced that closed session would be held following completion of regular business. CITY MANAGER'S The City Manager stated that preliminary data has been accumulated REPORTS on the City's fireworks safety program, and a report will be forthcoming on the recent 4th of July holiday. He commented that Report on Fireworks the education program which has been instituted cooperatively between the City and the fireworks industry is having some positive effects. He reported that there were no significant fires; however, there were some individuals utilizing City parks for discharge of fireworks which is prohibited, and he believed the City could do a better job in terms of signage and letting people know about this prohibition. The City Manager mentioned that there were some complaints about fireworks being sold the day after the holiday. and this must be addressed through better education. Access Appeals Board The City Manager announced that there has been a resignation from Resignation the Access Appeals Board, and a request to appoint another member will be placed on the agenda for the meeting of July 19, 1993. COUNCIL Council Member Erickson reported that representatives from the COMMENTS Costa Mesa Alternative Transportation Committee will be going before the Board of Supervisors in October, 1993, rather than during Alternative the summer. He mentioned that at their last meeting, it was brought Transportation to the committee's attention that the willows are being cut in the Committee Santa Ana River bottom, and that may be causing some ecological damage. On behalf of the committee, " he requested that City staff contact the County about being more sensitive to this situation, and to report back on the ,results of the discussion. Save Our Youth Council Member Erickson referred to a memorandum Council (SOY) Center received last week from the Community Services Department regarding the Save Our Youth (SOY) Center at Rea Community Center, indicating that funding had run out. He thanked private donors who gave several thousand dollars last week, and pointed out 'that City staff will be'meeting with parents from SOY to discuss the program. Council Member Erickson also announced that a boxing program began two weeks ago for youngsters 10 to 19 years old. Fireworks Show at Council Member Hornbuckle congratulated the Costa Mesa Rotary Orange Coast College Club on the spectacular fireworks show held at Orange Coast College. She reported that the club obtained corporate funding, this year so that more of the money raised at the door will be going to charitable causes. Council Member Hornbuckle expressed her concern over the continued influx of illegal fireworks into the community, and encouraged everyone to be more concerned about this issue next year. Mayor Genis commented that when she heard fireworks being discharged prior to the 4th of July, she had concerns about the effectiveness of the current ordinance. She stated that if people were not willing to obey the existing laws, it may be best to ban all fireworks. Mayor Genis thanked all those fireworks sellers who made a real effort to inform the buyers of the current I regulations. Signs Mayor Genis stated that the City seems to have developed a proliferation of "trashy" real estate signs attached to light poles. She commented that similar signs used for political campaigns would be subject to a fine of $10.00 each, and at that rate, the City probably could receive several hundred dollars from Victoria Court, Regency Square, Belle Fleur, and Santa Barbara town homes. She requested that Code Enforcement contact these offenders about the City's regulations on signs, and recommended changing the Sign Ordinance so that people selling town homes are subject to the same restrictions as people running for office. Council Member Buffa referred to the comments he made several weeks ago about the illegal signs being posted on the vacant service station property at Fair Drive and Fairview Road, and reported that the same situation exists on the vacant service station property at Fairview Road and Wilson Street, and at the University car dealer site on Harbor Boulevard. He requested that staff notify these property owners that the signs must be removed. ADJOURNMENT TO At 8:20 p.m., the Mayor adjourned the meeting to a closed session CLOSED SESSION in the first floor Conference Room to discuss the Amburgey lawsuit. MEETING The meeting was reconvened at 8:24 p.m., and the City Attorney RECONVENED i announced the action taken during closed session. Amburgey Lawsuit By a vote of 5-0, Council rejected the statutory offer of compromise OCSC Case 70 98 03 in Amburgey v. City of Costa Mesa, et al., Orange County Superior MOTION/Offer Court Case No. 70 98 03, as recommended in the Assistant City Rejected Attorney's confidential memorandum dated June 30, 1993. 1 ADJOURNMENT The Mayor declared the.meeting adjourned at 8:25 p.m. Mayor of the City of Costa Mesa ATTEST: Deputy City Clerk of the City of Costa Mesa