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HomeMy WebLinkAbout11/07/1994 - City Council30 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA NOVEMBER 7, 1994 The City Council of the City of Costa Mesa, California, met in regular session November 7, 1994, 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 Father Kenneth Krause, 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: Officials Present: i i None City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Development Services Donald Lamm Public Services Director William Morris Community Services Director Keith Van Holt Transportation Services Manager Peter Naghavi Administrative Assistant Paula Schaefer Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Buffa, seconded by Council Member October 17, 1994. Erickson, and carried 5-0, the minutes of the regular meeting of October 17, 1994, were approved. 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. CONVENED Chairman Buffa convened a special meeting of the. Redevelopment-_ SPECIAL AGENCY Agency. The Deputy City Clerk announced that the'Redevelopment MEETING Agency agenda had been posted at the Council Chambers and Police Department on Thursday, November 3, 1994. - ROLL CALL Agency Members Present: Chairman Peter Buffa " Vice Chairman Jay Humphrey Agency Member Mary Hornbuckle Agency Member Sandra Genis Agency Member Joe Erickson Officials Present: Executive Director Allan Roeder COUNCIL Chairman Buffa announced that the closed session regarding MEETING Triangle Square would be held after completion of regular business. RECONVENED Mayor Genis reconvened the regularly scheduled Council meeting. F] ORAL COMMUNI- Janice Davidson, 1982 Arnold Avenue, Costa Mesa, encouraged CATIONS everyone to vote on Tuesday, November 8, 1994, especially persons residing on the west side of Costa Mesa. She requested a copy of Davidson Comments the City's report regarding the First Step House on Charle Street, and thanked Council for the safety lighting which has been installed at 19th Street and Meyer Avenue. November 8, 1994, Don Williams, 264 Camellia Lane, Costa Mesa, reiterated the Election importance of voting in the upcoming election, and suggested that unsuccessful candidates could positively contribute to the City after the election. Mayor Genis commended Mr. Williams for his active involvement with the City. Shalimar Drive Eva Marin, 1780 Placentia Avenue, Costa Mesa, expressed thanks Cleanup to the City for cleaning up the west side of Costa Mesa, especially Shalimar Drive. She suggested voting for candidates who offered solutions to problems. Maria Alvarez, no address given, gave a short speech in Spanish. Live Entertainment Sheila Ward, 122 Magnolia Street, Costa Mesa, complained about at Triangle Square live entertainment being permitted at Triangle Square, stating that residents in the neighborhood had not been notified of a pending entertainment permit. She alleged that the noise is overwhelming, and requested a resolution to the problem. The City Manager responded that he would ascertain the specific conditions of approval for this permit, and contact Ms. Ward with his findings. Someone Cares Soup Dorothy Adams, 220 Amherst Road, Costa Mesa, addressed the Kitchen Someone Cares Soup Kitchen on East 19th Street, asking if the Kitchen was in possession of a County health permit, a restaurant permit, or a business license. She commented that the downtown area of Costa Mesa is rapidly going downhill because of the transient problem. Council Member Erickson announced that there will be a meeting with the service providers and homeowners associations to discuss this problem on Wednesday, November 16, 1994, at 7:00 p.m., in the first floor Conference Room of City Hall. Will B. King, 2277 Harbor Boulevard, No. 1301, Costa Mesa, spoke on behalf of the Someone Cares Soup Kitchen. He stated that the vagrant problem is a national issue. Vagrant Problems Fred Jansson, 1800 Newport Boulevard, Costa Mesa, commented on the vagrants in Costa Mesa, stating that the problem has increased dramatically within the last year. He gave three examples of events involving vagrants which occurred during daytime hours, and commented that these people are sometimes very threatening and intimidating. Council Member Erickson invited Mr. Jansson to the aforementioned meeting on November 16, 1994. CONSENT The following items were removed from the, Consent Calendar: CALENDAR Item 6(b), Claim from Taeko Tina Chesley; Item 7, Agreement with Southland Car Counters for collection of traffic counts; Item 8, Newport Boulevard Interconnect, Project No. 94-16; Item 12, Resolution opposing Proposition No. 188 regarding smoking regulations; and Item 13, Resolution prohibiting parking on a portion of Carnegie Avenue, Bucknell Road, and Colby Place. MOTION/Approved On motion by Vice Mayor Humphrey, seconded by Council Member Except Items 6(b), 7, Hornbuckle, and carried 5-0, the remaining Consent Calendar items 8, 12, and 13 were approved as recommended. -: i WRITTEN COMMU- Resolution 94-100, A RESOLUTION OF THE CITY COUNCIL OF NICATIONS/Adopted THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING Resolution 94-100,I RECORDS DESTRUCTION FOR THE HOUSING AND Authorizing Records ! COMMUNITY DEVELOPMENT DEPARTMENT OF THE CITY Destruction for HCD 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 Deputy City Clerk: Peter Blake Abel; Bruce Belida; Scott Dunn; Janice Lee; State Farm Insurance/Janice Lee; Sergio Mayorga; State Farm Insurance/Carole Miller; Thu Huong Thi Tran; and Farmers Insurance Exchange/Mathilde Tromp. Alcoholic Alcoholic Beverage License for which parking has been approved Beverage ! by the Planning Staff. Anne, Joe Duc, and Vincent Tran, doing Licenses business as Smog & Gas of Costa Mesa, 3201 Harbor Boulevard; and Milos Venus, Corporation, doing business as Venus, 695 Town Center Drive, Suite 180. BUSINESS PERMITS j Notice of Intention to Appeal or Solicit for Charitable Purpose from Greenpeace Action, 3909 4th Avenue, No. 201, San Diego, by Approved Permit for ! soliciting door-to-door from November 8, 1994, through November Greenpeace Action 7, 1995, was approved pursuant to Municipal Code Section 9- 127(d). WARRANTS Warrant Resolution 1583, funding City, operating expenses in the Approved Warrant amount of $1,985,043.02; and Payroll 9420 for $1,246,022.19, were 1583; Payroll 9420 j approved. Approved Warrant Warrant Resolution 1584, funding City operating expenses in the 1584; Payroll 9421 j amount of $1,159,496.73; and Payroll 9421 for $1,230,496.70, were approved. REJECTED CLAIMS The following claims were rejected: Cagle Inez Cagle (tree roots). ! De La Cruz Jenny De La Cruz (vehicle damaged by falling tree branch). Lawrence Charles Lawrence (commercial burglary arrest). Olcott Diane Olcott (injured while rollerblading in roadway). Waggoner ! Robert Waggoner (bicycle accident on Santa Ana River Bike Trail) . Willits Tracey Anne Willits (vehicle tow charges). ADMINISTRATIVE Construction of Traffic Signals and Safety Lighting at 19th Street ACTIONS and Meyer Place, Project No. 94-07, was completed to the Accepted Work by satisfaction of the Public Services Director on October 12, 1994, by F.J. Johnson for F. J. Johnson, Inc., 1195 North Van Horne Way, Anaheim. The Signals and Lighting work was accepted; the Deputy City Clerk was authorized to file a at 19th and Meyer, Notice of Completion; authorization was given to release retention Project No. 94-07 funds '35 days thereafter; the Labor and Material Bond was ordered I exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. L Accepted Work by Street Rehabilitation for Westminster Avenue from Del Mar Avenue All American Asphalt to Monte Vista Avenue, Project No. 94-09, was completed to the for Westminster satisfaction of the Public Services Director on October 21, 1994) by Avenue Rehabilita- All American Asphalt, Post Office Box 2229, Corona. The work tion, Project No. was accepted; the Deputy City Clerk was authorized to file a Notice 94-09 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. Approved Amended The first Amendment to a Professional Services Agreement with Agreement with Willdan Associates, 12900 Crossroads Parkway South, Suite 200, Willdan for Housing City of Industry, for housing rehabilitation consultant services, was Rehabilitation approved, and the City Manager was authorized to sign subject to Services final approval by the City Attorney. Adopted Resolution Resolution 94-104ARESOLUTION OF THE CITY COUNCIL OF 94-101 Approving THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE Application for Grant APPLICATION FOR GRANT FUNDS FOR THE Funds/Newport ENVIRONMENTAL ENHANCEMENT AND MITIGATION Improvements PROGRAM UNDER SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE FOLLOWING PROJECT: NEWPORT BOULEVARD STREETSCAPE IMPROVEMENTS, was adopted. Adopted Resolution Resolution 94-102, A RESOLUTION OF THE CITY COUNCIL OF 94-102 Approving THE CITY OF COSTA MESA, CALIFORNIA, APPROVING Supplement Nos. 004 AND AUTHORIZING EXECUTION OF SUPPLEMENT NO. 004 and 005 to State AND NO. 005 TO THE STATE LOCAL TRANSPORTATION Local Transportation PARTNERSHIP PROGRAM AGREEMENT BETWEEN THE Agreement STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF COSTA MESA, was adopted for Bear Street and Westminster Avenue; and the Public Services Director and Deputy City Clerk were authorized to sign the agreement on behalf of the City. Adopted Resolution Resolution 94-103, A RESOLUTION OF THE CITY COUNCIL OF 94-103 for Household THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING Hazardous Waste A HOUSEHOLD HAZARDOUS WASTE DISCRETIONARY Grant Application GRANT APPLICATION FOR THE CITY OF COSTA MESA, was adopted. Adopted Resolution Resolution 94-104, A RESOLUTION OF THE CITY COUNCIL OF 94-104 Approving THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE the HOME Investment HOME INVESTMENT PARTNERSHIP AGREEMENT Partnership PROVIDING FOR TENANT BASED ASSISTANCE TO Agreement ELIGIBLE HOUSEHOLDS WITHIN THE CITY OF COSTA MESA, was adopted. Approved Easement An Easement Deed from the Orange County Flood Control District Deed for Parcel No. for Parcel No. 144, in connection"with the Bristol Street Widening 144, Bristol Street Project, was approved; and the Mayor was authorized to sign on Widening behalf of the City. Rea Community The following action was taken regarding the Rea Community Center Vacancy _ Center Vacancy: Approved Additional An addendum to the original contract submitted by the Center for Rooms for Center Creative Alternatives for Room Nos. 610 and 630 to be added to their original lease agreement, was approved. 03 a- 4 - Approved Room for i A Lease Agreement submitted by Women Helping Women for Women's Group lease of Room No. 620, was approved. Awarded Sidewalks, 1 The bid submitted by Lambaren Contractors, Inc., for Sidewalks, Curbs, and Gutters at j Curbs, Gutters, Cross Gutters, Wheelchair Ramps, Driveway/ Various Locations Driveway Approaches at Various Locations Citywide, Project No. Citywide, Project No. 94-17, was rejected as nonresponsive to the requirements of the 94-17, to Bopark City's bidding procedures; and the contract was awarded to Bopark Enterprises Enterprises, Inc., 8560 Vineyard Avenue, No. 103, Rancho Cucamonga, for $863,532.50. Chesley Claim Item 6(b) on the Consent Calendar was presented: Claim from Taeko Tina Chesley (carpeting damaged during crime scene investigation). Council Member Hornbuckle asked that this claim be reevaluated by the City Attorney and, if necessary, scheduled for MOTION a closed session. On motion by Council Member Buffa, seconded Referred to City by Vice Mayor Humphrey, and carried 5-0, the 'claim was referred Attorney to the City Attorney in accordance with Council Member j Hornbuckle's request. Agreement with Item 7 on the Consent Calendar was presented: Agreement with Southland Car Southland Car Counters, 777 South Main Street, Suite 104, Orange, Counters for Traffic for $23,000.00, for collection of intersection turning movement Counts counts, intersection approach volume counts, and average daily traffic counts, required by the Measure M Program. Sid Soffer, 900 Arbor Street, Costa Mesa, asked for an explanation of the Measure M Program. Mayor Genis responded that Measure M was the 1990 traffic improvement measure. The Transportation Services Manager provided a detailed explanation of Measure M benefits and MOTION requirements. On motion by Council Member Hornbuckle, Agreement Approved seconded by Vice Mayor Humphrey, and carried 5-0, the agreement was 'approved; and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Newport Boulevard Item 8 on the Consent Calendar was presented: Newport Boulevard Interconnect; Project Interconnect, Project No. 94-16. Sid Soffer, 900 Arbor Street, No. 94-16 Costa Mesa, asked for more information on this project. The Transportation Services Manager explained that the purpose of this undertaking is to connect the traffic signals on Newport Boulevard, MOTION { and should be completed within six months. On motion by Council Awarded to AAA Member Hornbuckle, seconded by Vice Mayor Humphrey, and Electric carried 5-0, the contract was awarded to AAA Electric Services, 6312 East Santa Ana Canyon Road, No. 345, Anaheim, for $156,788.00. Proposition No. 188 Item No. 12 on the Consent Calendar was presented: Resolution Regarding Smoking opposing Proposition No. 188 on the November 8, 1994, ballot, Regulations regarding smoking regulations. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that it was his understanding that Council would not be taking a position on ballot issues. Mayor Genis responded that she also opposed Council's taking a position on this proposition. On MOTION motion by Vice Mayor Humphrey, seconded by Council Member Resolution 94-105 Hornbuckle, and carried 3-2, Council Members Genis and Erickson Adopted voting no, Resolution 94-105, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, OPPOSING PROPOSITION NO. 188 ON THE NOVEMBER 8, 1994, BALLOT, REGARDING SMOKING REGULATIONS, was adopted. 1 Permit Parking on Item 13 on the Consent Calendar was presented: Resolution Carnegie, Bucknell, prohibiting parking on a portion of Carnegie Avenue, Bucknell and Colby Road, and Colby Place. Alice Bowman, 2510 Carnegie Avenue, Costa Mesa, expressed her appreciation for the resolution which institutes permit parking, and gave a brief history of the parking MOTION problems encountered on these streets. On motion by Vice Mayor Resolution 94-106 Humphrey, seconded by Council Member Buffa, and carried 5-0, Adopted Resolution 94-106, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF CARNEGIE AVENUE, BUCKNELL ROAD, AND COLBY PLACE, was adopted. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Community Develop- set for the public hearing to consider a Community Development ment Consolidated Consolidated Plan for determining future expenditures of Federal Plan housing and community development funds. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Administrative Assistant reviewed the Agenda Report dated October 31, 1994. Karen Warner, Cotton/Beland/Associates, Inc., 747 East Green Street, Suite 400, Pasadena, explained that the objective of the Housing and Urban Development (HUD) group is to simplify the Comprehensive Housing Affordability Strategy (CHAS) process for communities that have more than one funding source. She commented that there is now a much broader approach which covers everything on which Community Development Block Grant (CDBG) funds can be spent, such as infrastructure, public facilities, public services, and economic development. Ms. Warner presented a visual diagram which gave an overview of the strategy to solicit meaningful community input in preparation of the City's first Consolidated Plan. Tony Petros, 2135 Iris Place, Costa Mesa, member of the Redevelopment and Residential Rehabilitation (3R) Committee, suggested starting the public process after the holiday season instead of before. He asked how the actual noticing and outreach would be accomplished. Karen Warner responded that it was necessary to hold the town meetings before the end of the year because of the effect on the five-year strategy and one-year action plan. She explained the process by which citizens would be notified, which includes an extensive mailing list, and stated that all social service agencies will receive direct mailers. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, commented that the Regional Urban Design Assistance Team (RUDAT) study which was conducted approximately eight years ago did an outstanding job determining alternatives for the 19th Street Transition Zone. He believed that the recommendations in that study should be included in the Redevelopment Plan. There being no other speakers, the Mayor closed the public hearing. Regarding the Community Development Needs Survey, Council Member Hornbuckle suggested that it would be helpful to clarify Public Facilities Needs by listing the "unmet needs". Mayor Genis addressed the Priority Need Level, commenting that some items should not be the responsibility of government, and suggested adding a column entitled "Most Appropriately Provided by the Private Sector or the Public Sector". Vice Mayor Humphrey wanted the word "public" removed. Karen Warner recommended adding an �1 ng 1 4-1 IU explanation that the needs may not all be fulfilled throughout the City; however, she indicated that adding another column might be confusing. The Administrative Assistant explained that the survey is intended to gather data from the community, then the task force will prioritize this information as recommended by Council. She stated that previous comments will be taken into consideration, and the introductory paragraph will be further developed. MOTION ' A motion was made by Council Member Hornbuckle, seconded by Plan Approved Vice Mayor Humphrey, and carried 5-0, to approve the Community Development Consolidated Plan, adjusting the survey to reflect the concerns previously expressed. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Santa Ana River set for the public hearing to consider a status report on the Santa Crossings Coopera- Ana River Crossings Cooperative Study. The Affidavit of Publica- rive Study tion is on file in the City Clerk's office. No communications were received. The Public Services Director summarized the Agenda Report dated October 31, 1994. Will B. King, 2277 Harbor Boulevard, No. 1301, Costa Mesa, spoke in support of building bridges which would connect with other communities, allowing traffic to enter the City and stimulating business. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, Chairman of the Costa Mesa Bridge Alternative Study Committee, reported that the Committee supports the alternatives presented in the Agenda Report; however, it did not 'support the 17th Street bridge. He stated that the Committee is firmly committed to removing the bridges from the County's Master Plan of Arterial Highways. Nancy Palme, 1997 Kornat Drive, Costa Mesa, stated that the proposed Gisler bridge is totally unfeasible. Gene Hutchins, 1808 Kinglet Court, Costa Mesa, member of the Mesa Verde Homeowners Association, pointed out that in surveys taken in the last few years, the Association has overwhelmingly supported removal of the bridges. Don Williams, 264 Camellia Lane, Costa Mesa, commented that the problem is getting traffic to stop and do business in Costa Mesa. Sid Soffer, 900 Arbor Street, Costa Mesa, did not understand how the County could compel the City to build an unwanted bridge that will have no advantages for the community. Dorothy Adams, 220 Amherst Road, Costa Mesa, spoke in support of deleting the bridges. There being no other speakers, the Mayor closed the public hearing. MOTION 1 A motion was made by Council Member Hornbuckle, seconded by List of Improvements Council Member Buffa, and carried 5-0, to approve the Technical and Alternatives Advisory Group's list of transportation improvements and Approved alternatives to be examined as part of an Environmental Impact Report, and to proceed to the next step in this process. LJI 1 Z-) . -J 3 OLD BUSINESS The Deputy City Clerk presented from the meeting of October 12, Amendment No. 3 to 1994, second reading and adoption of Ordinance No. 94-14 and No. Downtown Project 94-15 relating to Amendment No. 3 to the Redevelopment Plan for Area Redevelopment the Downtown Project Area. Plan Sid Soffer, 900 Arbor Street, Costa Mesa, asked for clarification of the subject documents. The City Manager explained that Assembly Bill 1290 requires the Redevelopment Agency to adopt certain limitations and regulations, and also requires that the Redevelopment Plan comply with the City's General Plan. Dorothy Adams, 220 Amherst Road, Costa Mesa, asked about the next area targeted for redevelopment. The City Manager gave the boundaries of the existing project area, and noted that the area has not been extended. MOTION On motion by Council Member Erickson, seconded by Vice Mayor Ordinance 94-14 Humphrey, and ��` 'carried 5-0, Ordinance No. 94-14, AN Adopted ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 9.0 OF THE REDEVELOPMENT PLAN FOR THE COSTA MESA DOWNTOWN REDEVELOPMENT PROJECT IN ORDER TO AMEND OR ADD CERTAIN TIME LIMITATIONS IN ACCORDANCE WITH SECTION 33333.6 OF THE COMMUNITY REDEVELOPMENT LAW, was given second reading and adopted. MOTION On motion by Council Member Erickson, seconded by Vice Mayor Ordinance 94-15 Humphrey, and carried 5-0, Ordinance No. 94-15, AN Adopted ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING AND ADOPTING AMENDMENT NO. 3 TO THE REDEVELOPMENT PLAN FOR THE COSTA MESA DOWNTOWN REDEVELOPMENT PROJECT, was given second reading and adopted. NEW BUSINESS The Deputy City Clerk presented City Attorney's Report No. 94-82 Costa Mesa regarding a resolution establishing City Council Policy No. 000-9 on Official Seal the use of the official seal of the City of Costa Mesa. The City Attorney reviewed his report dated October 26, 1994. Will B. King, 2277 Harbor Boulevard, No. 1301, Costa Mesa, was opposed to the City seal being used by Council candidates. Sid Soffer, 900 Arbor Street, Costa Mesa, believed that the City seal should be used for City business only. MOTION On motion by Council Member Buffa, seconded by Council Member Resolution 94-107 Erickson, and carried 5-0, Resolution 94-107, A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING CITY COUNCIL POLICY NO. 000-9 ON THE USE OF THE OFFICIAL SEAL OF THE CITY OF COSTA MESA, was adopted. NEW BUSINESS The Deputy City Clerk presented a request from the Costa Mesa Installation of National Little League for City assistance in paying for the Baseball Field installation of backstop fencing on two new youth baseball fields at Backstop Fencing TeWinkle Intermediate School. The Community Services Director summarized the Agenda Report dated October 26, 1994. t: r' 13$ MOTION Fencing Installation Approved RECESS NEW BUSINESS City-wide Traffic Impact Fees Sandi Scheafer, President, Costa Mesa National Little League, Post Office Box 2015, Costa Mesa, reported that three or four other fence companies had been contacted; however, they were not interested in looking at the project. A motion was made by Council Member Humphrey, seconded by Council Member Erickson, to approve assisting with the installation of backstop fencing at a cost not to exceed $10,200.00. The Mayor declared a recess at 8:20 p.m., and reconvened the meeting at 8:30 p.m. The Deputy City Clerk presented a recommendation of the Ad Hoc Committee on City-wide traffic impact fees: Direct staff to prepare a traffic impact fee study based on the recommendations of Trip Fee Ad Hoc Committee. Support the formation of an 'Ad Hoc Committee to explore financial/funding options for payment of traffic impact fees with staff to report on the structure and makeup of this committee within 30 days. The Public Services Director summarized the Agenda Report dated October 31, 1994. The Transportation Services Manager reviewed the four issues addressed by the Ad Hoc Committee. Will B. King, 2277 Harbor Boulevard, No. 1301, Costa Mesa, suggested reevaluating the decisions of the Ad Hoc Committee. Gene Hutchins, 1808 Kinglet Court, Costa Mesa, member of the Ad Hoc Committee, stated that the Agenda Report contained an accurate representation of the decisions of the Committee. He commented that the. Committee had expressed concern that by charging traffic impact fees, the City might be obligated for freeway improvements. Tony Petros, LSA. Associates, One Park Plaza, Suite 500, Irvine, representing Sakioka Farms, stated that they are extremely interested in this matter and take issue with the calculation of the trip fee and will follow this item closely. Nancy Palme, 1997 Kornat Drive, Costa Mesa, asked if the trip fee for a business located on 19th Street would be different than, it would be if the business were located on a street such as Newport Boulevard which would have different freeway access. Mayor Genis responded that there currently is one fee City-wide. Timmer Wysopal, 284 East 18th Street, Costa Mesa, asked how much the study would cost, and was informed by the Public Services Director that it would be performed by the City staff. On behalf of the small businessman, Mr. Wysopal suggested that the fees not be increased. Sid Soffer, 900 Arbor Street, Costa Mesa, commented that the big businessman does not always have unlimited funds, and suggested basing the traffic impact fee on the actual increase in number of trips which could be measured after the business has opened. MOTION 1 A motion was made, by Council Member Hornbuckle, seconded by Committee Recom- ! Vice Mayor Humphrey, and carried 5-0, approving the afore- mendations Approved I mentioned recommendations of the Trip Fee Ad Hoc Committee. Council Member Buffa clarified that a specific fee was not being considered at this time, but the request was for a study of the recommended fee. He asked how the new committee would be formed. The City Manager suggested that the committee application be reviewed by Council, noting that and it would be a technical committee for investigating the range of funding options. Mayor Genis commented that she would like to see the Ad Hoc Committee explore options for a time -extended payment schedule because of the other various expenses of opening a business. NEW BUSINESS The Deputy City Clerk presented a request for the appointment of Access Appeals Board a public member to the Access Appeals Board. The City Manager reviewed the Agenda Report dated November 3, 1994. Will B. King, 2277 Harbor Boulevard, No. 1301, Costa Mesa, volunteered as a candidate for the opening on the Access Appeals Board. Don Williams, 264 Camellia Lane, Costa Mesa, currently an alternate on this committee, petitioned to become a full-time member. He stated that he has attended every meeting, voted on 80 percent or more of the issues, is now more familiar with the handicap laws and regulations, and has discussed and looked at every site that has come before the Board. MOTION A motion was made by Vice Mayor Humphrey, seconded by Williams Appointed Council Member Buffa, and carried 5-0, to appoint Don Williams as a full-time member, and direct staff to advertise for one or two alternate members. Council Member Hornbuckle suggested that Council Member Humphrey submit an application for the position of alternate committee member. CITY ATTORNEY'S The City Attorney requested a Special Redevelopment Agency closed REPORT/Request for session pursuant to Government Code Section 54956.9(c) to discuss Agency Closed arbitration between the Costa Mesa Redevelopment Agency and Session: Triangle Triangle Square Joint Venture on reimbursement of acquisition costs Square Project for the Triangle Square project. Request for Council The City Attorney requested a City Council closed session pursuant Closed Session: to Government Code Section 54956.9(a) to discuss the following: Rzepa v. City: Rzepa v. City of Costa Mesa, United States District Court Case No. Amburgey v. City CV 93-649 LHM; and Amburgey v. City of Costa Mesa, Orange County Superior Court Case No. 66-92-03. Mayor Genis announced that closed sessions would be held after completion of regular business. COUNCIL Council Member Erickson commended the City Manager and staff COMMENTS/Youth for successfully applying for funding of $216,000.00 for youth Athletic Funding athletic facilities development. November 8, 1994) Council Members Buffa and Humphrey reminded everyone to vote Election on Tuesday, November 8, 1994. John DeWitt Council Member Hornbuckle revealed that. -John DeWitt ' will be going to Australia to work for a year, andexpressed appreciation ^for his donation of time and talents to the Parks, Recreation Facil:itos and Parkways Commission, Releaf Costa Mesa, and the-Sistef Cities Program. j 140 "Scouting for a Mayor Genis announced that Saturday, November 12, 1994, is the Good Turn Day" Boy Scouts "Scouting for a Good Turn Day", and they ,will distribute food bags throughout Orange County to be collected on November 19, 1994, and distributed to the needy through the Food 1994 Election ! Distribution Center. The Mayor encouraged citizens to be informed voters. ADJOURNMENT TO At 9:15 p.m., the Mayor adjourned the meeting to a Special AGENCY CLOSED ! Redevelopment Agency closed session in the first floor Conference SESSION Room to discuss the item announced by the City Attorney. { AGENCY MEETING Chairman Buffa reconvened the Special Redevelopment Agency RECONVENED meeting at 9:50 p.m., and the action taken during closed session was announced. MOTION Regarding the arbitration between Costa Mesa Redevelopment Triangle Square Agency and Triangle Square Joint Venture on reimbursement of Project Settlement I acquisition costs for the Triangle Square project, by a vote of 5-0, Rejected j the Triangle Square 'Joint Venture settlement offer was rejected; the City Attorney was authorized to disclose closed session documents for 1989 meetings at his direction as he feels necessary for prosecution of the arbitration claim; and the City Attorney was j authorized to conduct settlement negotiations if necessary during arbitration. AGENCY ! At 9:55 p.m., Chairman Buffa adjourned the Special Redevelopment ADJOURNMENT TO Agency meeting to a City Council closed session in the first floor COUNCIL CLOSED Conference Room to discuss the items announced by the City SESSION ; Attorney. MEETING RECONVENED MOTION/Rzepa v. City Settlement Rejected The Mayor reconvened the meeting at 10:00 p.m., and the action taken during City Council closed session was announced. Regarding Rzepa v. City of Costa Mesa, United States District Court Case No. CV 93-649 LHM, by a vote of 5-0, Council rejected the settlement offer outlined in the Assistant City Attorney's confidential memorandum dated October 25, 1994. MOTION Regarding Amburgey v. City of Costa Mesa, Orange County Directions Given j Superior Court Case No. 66-92-03, by a vote of 5-0, Council to City Attorney I authorized the City Attorney to abandon the claim for attorney fees, Regarding Amburgey ! approved enforcement of a cost bill as outlined in his confidential V. City memorandum dated November 2, 1994, plus amendments, if any, for further costs, and authorized the City Attorney to demand from Mr. Amburgey a written apology to the taxpayers. ADJOURNMENT The Mayor declared the meeting adjourned at 10:05 p.m. Mayor of the City of. Costa Mesa ATTEST: I =! Deputy CiN Clerk of the City of Costa Mesa