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HomeMy WebLinkAbout05/15/1995 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA MAY 15, 1995 The City Council of the City of Costa Mesa, California, met in regular session May 15, 1995, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, the Pledge of Allegiance to the Flag was sung by "Celebration U.S.A. ", followed by the regular Pledge of Allegiance led by Council Member Hornbuckle, and invocation by Father Kenneth Krause, St. Joachim Catholic Church. ROLL CALL Council Members Present: Mayor Joe Erickson Mayor Pro Tem Peter Buffa Council Member Mary Hornbuckle Council Member Sandra Genis Council Member Gary Monahan Council Members Absent: None Officials Present: City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Development Services Donald Lamm Public Services Director William Morris Communications Director Vincent Whelan Redevelopment and Housing Manager Muriel Berman Senior Planner Alice Angus Deputy City Clerk Mary Elliott MINUTES On motion by Mayor Pro Tem Buffa, seconded by Council Member May 1, 1995 Hornbuckle, and carried 5-0, the minutes of the regular meeting of May 1, 1995, were approved as distributed. ORDINANCES AND A motion was made by Mayor Pro Tem Buffa, seconded by Council RESOLUTIONS Member Genis, and carried 5-0, to read all ordinances and resolutions by title only. PRESENTATION Keith Anthony, Junior Class President of Estancia High School, Estancia High School 2825 Clubhouse Road, reported that 300 students attended the Prom Report which was held on Saturday, May 13, 1995, at the Sequoia Athletic Club; the Costa Mesa Police Department sponsored a "Crash Scene" at the high school with student participation, sending a message to the students not to drink and drive; "Teacher Appreciation Week" was celebrated by students giving teachers flowers and apples; the students are in the process of choosing speakers and performers for Graduation; and Mr. Anthony acknowledged the success of the musical "Kiss Me Kate" performed by the Drama Department. ORAL COMMUNI- Tony Petros, 2135 Iris Place, Costa Mesa, Executive Vice President CATIONS of the Chamber of Commerce, reported that at the next Council High School Reports Meeting, a Newport -Mesa Alternative Education Center student will give the final High School Report for the semester. He expressed his appreciation for the remarkable job the students have done. Mr. Petros announced that the Chamber of Commerce will be rewarding the student participants at the Chamber's student breakfast which will be held on May 19, 1995. Mayor Erickson thanked Mr. Petros 'Lrr *Si 285 for putting the program together, and was looking forward to meeting the students at the breakfast. Proposed Project Susan Sampson, 487 Magnolia Street, Costa Mesa, representing 25 at 499 Magnolia residents from her neighborhood, presented Council with a petition Street (PA -95-27) opposing a proposed project at 499 Magnolia Street, (Planning Action PA-95-27).fo. construct a two-story, single-family, 3,900 - square -foot home with an 1,850 -square -foot garage. She felt that the project has the potential of creating a significant negative impact on the surrounding properties which are smaller, one-story homes. She requested that Council adopt an urgency ordinance limiting single- family homes to 2,800 -square -feet in residential areas bordered by Newport Boulevard, Irvine Avenue, 19th Street, and 17th Street. Mayor Erickson asked Council if they supported an urgency ordinance prohibiting construction of a single-family home over 2,800 -square -feet in a residential area. Council indicated that they did not support the request. Freedom Homes Mary Fewel, 2000 Republic Avenue, Costa Mesa, representing the Painting/Planting/ Freedom Homes/Canyon Park Group, reported that the First Annual Clean-up Day Neighborhood Painting/Planting/Clean-up Day will be held on Saturday, May 20, 1995, between 9:00 a.m. and 4:00 p.m., and participants will be gathering at the corner of Federal Avenue and West 19th Street. She invited Council and the citizens of Costa Mesa to attend this. neighborhood effort to paint, clean-up, and repair homes along the 800 and 900 blocks of West 19th Street. She thanked Mayor Erickson, Muriel Berman, Paula Schaefer, Dave Alkema, and Bob Dahl for their support and feedback on ideas for the future of West 19th Street. Dog Licensing Larry Weichman, 1175 Boise Way, Costa Mesa, addressed Section 3-102 of the Costa Mesa Municipal Code relating to dog licensing and the experience he encountered while trying to obtain one. He explained that the ordinance states that if a dog is four months or older, it must be licensed; if the dog is neutered, the owner receives a reduction in the license fees; however, according to his veterinarian, his dog .cannot be neutered until it is six months old. The City Manager stated that this issue would be investigated and he would respond to Mr Weichman within ten working days. Illegal Real Mr. Weichman referred to Section 5-128 of the Costa Mesa Estate Signs Municipal Code relating to real estate signs and stated that he is being accused by the Code Enforcement Division of posting signs'in illegal locations. Mayor Erickson stated for the record that he has spoken with several realtors regarding this issue. The Deputy City Manager/Development Services reported that any realtors who have received violation notices for placing signs in the public right-of-way have the right to appeal, several realtors and developers have already filed, appeals, and Mr. Weichman, also is entitled to file an appeal. He explained that he is the hearing officer for the appeal hearings and if the appellant disagrees with his decision, he can appeal to the Planning Commission or City Council. Orange County Dave Sperling, 3201 Delaware Place, Costa Mesa, stated that he Sanitation District resides close to the Gisler Avenue/Baker Street sewer project that is Sewer Project being constructed by the Orange County Sanitation District and asked if staff can control contractors operating within the City who illegally close roads. In response to questions from Mayor Erickson, the Public Services Director reported that staff has been working with the Orange County Sanitation District, asking that they make 1 the contractor more aware of the residents' concerns. He stated that much of the work has been completed; however, it will take approximately four weeks to complete construction at Fairview Road and Baker Street; and work on Fairview Road south of Baker Street will not be completed until the middle of July. Mayor Pro Tem Buffa suggested that Council investigate the means by which these projects are allowed to proceed, because the City has had the tendency to look closer at projects which have had much less impact than the one in question. He asked if the City Attorney could look into the legality of. Council deciding whether or not a permit should be granted. Council Member Genis stated that she had contacted the Orange County Sanitation District and was appalled at the treatment she received from its staff. She suggested that all complaints regarding this project be referred to the Costa Mesa Sanitary District so a representative from that Board can inform the Orange County Sanitation District of the problems with its contractor. In response to a question from Mr. Sperling, the Public Services Director stated that staff is investigating a policy to charge a monetary deposit for utility companies who do construction work within the City, and if the contractor does not cooperate, the City will then be able to terminate the work and use that money to make corrections. He expected that the proposed policy would be presented to Council within 90 days. Council Member Genis asked if the City could bill the Orange County Sanitation District for the cost of City staff time on this project. The Public Services Director responded in the affirmative. The City Manager suggested inviting representatives from the Orange County Sanitation District and the contractor to attend the next Council meeting to address the many problems regarding the project. Petersen Comments Peter Petersen, 316 Joann Street, Costa Mesa, asked for the City's help in resolving some problems he has had at the above address. Mayor Erickson directed the City Manager to meet with Mr. Petersen in the morning to get more details. Car Dealers' Robin and David Giordano, 429-1/2 Hamilton Street, Costa Mesa, Paging Systems complained about the loud paging system, and mechanics working on cars at 6:40 a.m., at Theodore Robins Ford located at Harbor Boulevard and Bay Street. She reported that she had to call the police because of excessive use of the pager system late at night. Mr. Giordano presented Council with a petition from the surrounding neighbors. Mayor Erickson felt that these were violations of the City's noise ordinance and suggested that the Giordanos file a complaint with the Deputy City Manager/Development Services. Council Member Genis commented that she had received numerous complaints regarding car dealerships' paging systems, and was of the opinion that dealers are not willing to make adjustments for the residents. Mayor Erickson asked the City Attorney and the Deputy City Manager/Development Services to review the overall situation, and to consider the possibility of amending the ordinance to ban pager systems. Dorothy Adams, 220 Amherst Road, Costa Mesa, also spoke about car dealers' paging systems, stating that she and her tenants have experienced the same problem with the Toyota dealer on Harbor Boulevard. Soffer Comments Sid Soffer, 900 Arbor Street, Costa Mesa, suggested that residents file complaints with the Police Department, and the Police will file the complaints with the District Attorney; then it is up to the District Attorney to prosecute. Mr. Soffer stated that lots in the City are 8� worth a minimum of $200,000.00 so the need is for bigger houses, not smaller ones. He asked Council to admit that building code violations at 540 Bernard Street were in existence prior to 1980. CONSENT The following item was removed from the Consent Calendar: Item CALENDAR 8(a), 1995 Traffic Management Services Agreement for interim events held at the Orange County Fairgrounds, in an amount not to exceed $10,000.00. MOTION/Approved On motion by Council Member Hornbuckle, seconded by Mayor Pro Except Item 8(a) Tem Buffa, and carried 5-0, the remaining Consent Calendar items were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Matthew C. Breno; Donald H. Haddock; Daniel Lopez; Chad McKeough; and Kevin C. Wright. Public Utilities Public Utilities Commission: Commission Southern California Gas Company Application No. 95-04-050, requesting an increase in rates of $785,000.00 for shareholder incentives for certain 1994 energy conservation program accomplishments. Southern California Edison Company notice requesting relief for Cal Energy and Luz International of any cost responsibility for the expenditures incurred in the construction of the transmission line. Southern California Edison Company Application No. 95-04-038, for a proposed revenue increase due to 1995 Demand -Side Management Earnings Claim. WARRANTS Warrant Resolution 1597, funding City operating expenses in the Approved Warrant amount of $983,181.59; and Payroll 9508 for $1,231,359.62, were 1597; Payroll 9508 approved. REJECTED CLAIMS The following claims were rejected: Schlesinger Ray Schlesinger (personal property damaged during police search). Jacobs Randall Jacobs (jewelry damaged during arrest by Costa Mesa Police). Jones Anna M. Jones (personal property damaged by garage flooding). ADMINISTRATIVE Resolution 95-39, A RESOLUTION OF THE CITY COUNCIL ACTIONS/ OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted Resolution APPROVING AND AUTHORIZING EXECUTION OF 95-39 Authorizing SUPPLEMENT NO. 007, REVISION 1, TO THE STATE Execution of Program LOCAL TRANSPORTATION PARTNERSHIP PROGRAM Supplement No. 007, AGREEMENT BETWEEN THE STATE DEPARTMENT OF Revision 1 TRANSPORTATION AND THE CITY OF COSTA MESA, for improvements on 22nd Street from Newport Boulevard to Santa Ana Avenue, was adopted. 1 1 Approved Agreement Program Supplement No. 007, Revision 1, to State -Local with the State for Transportation Partnership Program Agreement No. SLTPP-5312, Improvements on improvements on 22nd Street from Newport Boulevard to Santa Ana 22nd Street Avenue, was approved; and the Public Services Director and Deputy City Clerk were authorized to sign on behalf of the City. Approved Agreement Cooperative Agreement No. C-95-968 with the Orange County with OCTA to Clarify Transportation Authority to clarify responsibilities for projects Responsibilities for funded by Measure M through the Combined Transportation Funding Projects Funded by Program and the Bicycle and Pedestrian Facilities Program was Measure M approved; and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Accepted Work by 1994 Street Maintenance, Project No. 94-15, was completed to the R. J. Noble for 1994 satisfaction of the Public Services Director on March 3, 1995, by R. Street Maintenance, J. Noble Company;; 15505 East Lincoln Avenue, Orange. The work Project No. 94-15 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. Accepted Work by Handicap Modifications at the Costa Mesa Senior Center were Bopark Enterprises completed to the satisfaction of the Community Services Director on for Handicap April 25, 1995, by Bopark Enterprises, Inc., 8560 Vineyard Modifications at Avenue, Suite 103, Rancho Cucamonga. The work was accepted; the Senior Center 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. Approved Agreement Agreement No. SA -34-95F with the 32nd District Agricultural SA -34-95F for Association, in an amount not to exceed $107,000.00, to provide Orange County Fair traffic management services during the Orange County Fair, July 7 Traffic Management through July 23, 1995, was approved; and the Police Chief was authorized to sign on behalf of the City. Approved Change Change Order "B" for $5,500.00 to the design contract with UMA Order "B" for Storm Engineering, Inc., 17762 Cowan Street, Irvine, to reduce the scope Drain Improvements of work for storm drain improvements along 15th Street, was on 15th Street approved. Agreement No. Item 8(a) on the Consent Calendar was presented: Agreement No. SA-33-95IE for SA -33-951E with the 32nd District Agricultural Association, in an Traffic Management amount not to exceed $10,000.00, to provide traffic management at the Fairgrounds services for interim events at the Orange County Fairgrounds from for Interim Events March 31 through December 31, 1995. The City Manager recommended that a provision be transmitted with the agreement stipulating that the "not to exceed $10,000.00" amount for the period of March 31 through December 31, 1995, in no way construes that the City will be responsible for police services in excess of that dollar amount; and any amount in excess of that will require an amendment to this agreement, or a new agreement. On motion by MOTION Mayor Pro Tem Buffa, seconded by Council Member Hornbuckle, Agreement Approved and carried 5-0, the agreement was approved with the stipulation recommended by the City Manager; and the Police Chief was authorized to sign on behalf of the City. PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued Multi -Family from the meeting of May 1, 1995, to consider an ordinance Residential Projects amending Section 13-136, 13-148, 13-252, and 13-529 of Title 13 of the Costa Mesa Municipal Code regarding voluntary redevelopment of nonconforming multi -family residential projects; and continued from the meeting of May 1, 1995, dissolution of the Multi -Family Resid6ritial Rehabilitation Incentives Committee. The Senior Planner reviewed the Agenda Report dated May 8, 1995. John Konwiser, 4120 Birch Street, Suite 104, Newport Beach, member of the Multi -family Residential Rehabilitation Incentive Committee, and owner of the Daisy Apartments at Placentia and Pomona Avenues, stated that the Committee came up with various development criteria so that individuals who want to redevelop their properties can discuss it with the Planning Department and perhaps receive some credit for more density than would otherwise be permitted. He believed that without these criteria, there will be continued deterioration. Council Member Genis mentioned that several of the amenities listed in the Agenda Report are already basic code requirements and should not be counted, as incentives, such as on-site management for projects of more than 16 units and screening of trash enclosures. Mayor Erickson recommended removing items which Council wished to discuss further. Council Member Genis suggested several items that needed more definition: Paragraph 6, Page 6, "Concentration of quality landscaping, etc."; Paragraph 8, Page 7, "Provision of ample storage"; and Paragraph 16, Page 7, "Provision of adequate lighting for security". She . felt that the words "ample" and "adequate" needed to be defined. She also suggested removing "Provision of tandem parking" in Paragraph 3, Page 6, and "Provision of cantilevered second -story, etc." in Paragraph 13, Page 7. She thought that those two items were privileges as opposed to incentives. As to Paragraph 10, Page 7, "Provision of upgraded appliances", she did not believe this would be a benefit for the community at large. Council Member Genis also recommended that addressing "parking waiver". MOTION A motion was made by Mayor Pro Tem Buffa, seconded by Council Items Removed Member Hornbuckle, and carried 5-0, to approve all portions of the for Discussion ordinance except for those items specified by Council Member Genis. John Konwiser, 4120 Birch Street, Suite 104, Newport Beach, believed that tandem parking and cantilevers were vitally important issues. Mayor Erickson suggested that staff come back to Council in two weeks with definitions for words such as "ample" and "quality". During discussion, Council agreed that it was imperative to make a decision this evening on tandem parking and cantilevered living areas; and for staff to come back to Council with language which more specifically defines "adequate lighting", "ample storage", and "quality landscaping", prior to first reading of the ordinance. J C 291 MOTION/Approved A motion was made by Mayor Pro Tem Buffa, seconded by Council Tandem Parking and Member Genis, and carried 5-0, to move "tandem parking" and Cantilevered Living "cantilevered second -story living areas" to Page 6, line five, after'' - Areas the. words "the following standards:". MOTION/Directed A motion was made by Mayor Pro Tem Buffa, seconded by Council Staff to Provide Member Genis, and , carried 5-0,, directing staff to come back to Specific Definitions Council with more detailed definitions of "quality landscaping", "ample storage", and "adequate lighting"; to remove those items from the ordinance which are already required by Code; and to eliminate the provision for "upgraded appliances". Committee Retained Council Member Hornbuckle made a motion to disband the Multi - Family Residential Rebuilding Incentives Committee; however, after brief discussion, she withdrew the motion and Council decided to delay dissolution of the Committee until staff provides the information they :requested. Mayor Erickson announced that the ordinance would be back on the Agenda for the meeting of June 5, 1995. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Amendment to the set for the public hearing to consider an amendment to the draft Draft Consolidated Costa Mesa Consolidated Plan Summary for Fiscal Year 1995-1996, Plan Summary for in order to reallocate Community Development Block Grant (CDBG) 1995-1996 funds. The Affidavit of Publication is on file in the office of Housing and Community Development. No communications were received. Mayor Erickson stated for the record that a study session was held on May 8, 1995, with the Youth Employment Services Board regarding this matter. - The Redevelopment and Housing Manager reviewed the Agenda Report dated May 15, 1995. Kathleen Blank, 2076 Phalarope Court, Costa Mesa, Youth Employment Services (YES) Board Member, reported that an appraisal was done on the property at 114 East 19th Street, indicating a property value of $275,000.00, of which the land value is $230,000.00, and the purchase price is $200,000.00. She gave an overview of the Youth Employment. Services Board Members: several community business owners, two judges, two accountants, a librarian, and a City staff member. Ms. Blank advised that 70 percent of those served at YES are from Costa Mesa, and 54 percent are poverty or middle income persons; therefore, the criteria set forth by the Federal Government has been met. In response to a question from Mayor Erickson, Ms. Blank stated that the Board is amenable to whatever the City Council feels would be a fair, reasonable, and practical way to pay back the loan. Council Member Genis asked if the YES Board has considered utilizing space that the City may have available at a reasonable rent, as opposed to purchasing a building. Ms. Blank replied that the Board had considered that idea; however, at this time, they are fully committed to purchasing the building because of the proximity to the community they serve. There being no other speakers, the Mayor closed the public hearing. MOTION/Authorizing A motion was made by Council Member Monahan reallocating Reallocation of $210,000.00 of CDBG funds for a public facility acquisition project, $210,000.00 under adopting Option "B" as detailed in the Agenda Report dated May 15, Option "B" (See 1995, and directing staff to conduct an economic analysis to Substitute Motion) determine how to best structure the acquisition of the building for Youth Employment Services. Council Member Monahan explained 3291 that his reason for choosing Option "B" was because the City would be deducting $100,000.00 from the single-family loan program; therefore, it would not affect quite as many projects as Option "A". The motion was seconded by Mayor Pro Tem Buffa. SUBSTITUTE A substitute motion was made by Council Member Genis, seconded MOTION/Authorized by Council Member Hornbuckle, to reallocate CDBG funds Reallocation of equivalent to half the purchase price and attendant costs, for a $125,000.00 under maximum of $125,000.00, still following the basic Option "B", but Option "B" placing a larger commitment on the YES people. Council Member Genis added that she would like to see an annual or monthly repayment plan. Council Member Monahan asked if the YES group would be able to raise the remainder of the money needed to purchase the property. Ron Amburgey, 2736 Cibola Avenue, Costa Mesa, President of Youth Employment Services, reported that to date they have raised $38,000.00, and will do everything possible to complete the project. The substitute motion carried 3-2, Council Members Buffa and Monahan voting no. During discussion, the Redevelopment and Housing Manager voiced her concern about escrow being opened with block grant funds, and the possibility of these funds being lost if the remainder of the money is not raised by YES. Mayor Erickson recommended that CDBG funds not be released until the City has a commitment from YES that they will be able to close escrow. The City Manager assured Council that escrow will not open until a plan comes back to them for approval. NEW BUSINESS The Deputy City Clerk presented the 800 Megahertz (MHz) Law 800 MHz Acquisition/ Enforcement/Public Works/Fire Communications System: Joint Powers Agreement City of Costa Mesa participation in the formation of a Joint Powers Agreement (JPA) to facilitate the acquisition and implementation of the system. Designate one Council Member as Primary Representative, and one City Official as Alternate Representative to serve on the Board of Directors of the 800 MHz JPA. City Attorney's Report No. 95-48, and a resolution approving the Joint Powers Agreement for establishment of the Orange County 800 Megahertz Communications System. The Communications Director summarized the Agenda Report dated May 5, 1995, and showed a video on the 800 Megahertz (MHz) System. In response to questions from Council Member Genis regarding assurances that all parties, especially the County, will live up to their commitments, the City Manager reported that there was concern about the ability to bind each agency to its obligations without the need to be financed by others. In view of this situation, he recommended that two steps be taken before accepting assignment of the agreement with Motorola Corporation from the Board of Supervisors: first, intercept the County's Proposition 172 funds through Judge Ryan of the Bankruptcy Court, to guarantee payment of the County's portion of the system. He added that the Court is amenable to this procedure and the paperwork is being processed. 1 93 The City Manager also recommended that the JPA not accept the Motorola contract until after this is accomplished. As to the second matter, the City Manager reported that this involves the Trust Account where approximately 14 agencies have $12 million set aside for purchase of this system, and he would recommend that the JPA not accept assignment of the contract from the Board of Supervisors until disposition of that Trust Account is determined and those agencies receive their funds. Council Member Genis asked if those provisions could be included in the resolution. The City Attorney responded in the affirmative, and suggested adding the provisions somewhere between the last two paragraphs on Page 1. He also noted for the record that City Attorney's Report No. 95-48 dated May 10, 1995, indicates the City's share as 1.89 percent which is incorrect; it should be 3.83 percent. In response to a question from Council Member Genis, the City Manager stated that the system will be administered through the Communications Department of the Orange County General Services Agency. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Hornbuckle, seconded by Approved the City's Council Member Monahan, and carried 5-0, to approve the City's Participation in the participation in the formation of a Joint Powers Agreement to JPA facilitate the acquisition and implementation of the 800 Megahertz system. MOTION A motion was made by Mayor Pro Tem Buffa, seconded by Council Erickson and Whelan Member Genis, and carried 5-0, appointing Mayor Erickson as the Appointed to the primary representative and Communications Director Vince Whelan 800 MHz JPA Board as alternate representative to serve on the Board of Directors of the 800 MHz JPA. MOTION A motion was made by Council Member Hornbuckle, seconded by Resolution 95-40 Council Member Genis, and carried 5-0, to adopt Resolution 95-40, Adopted A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE JOINT POWERS AGREEMENT FOR THE ESTABLISHMENT OF THE ORANGE COUNTY 800 MEGAHERTZ COMMUNICATIONS SYSTEM, with the wording for the two funding issues to be worked out by the City Manager and City Attorney. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORT/Request for Government Code Sections 54956.8, 54956.9(a), and 54956.9(b)(1) Closed Session: to discuss the following items: The claim of Bradley E. Jones; Jones Claim; Newport Newport Boulevard Associates v. City of Costa Mesa, Orange Boulevard Assoc., County Superior Court Case No. 729087; and negotiations with Lawsuit; and Newport -Mesa Unified School, District on the Rea School site lease, Negotiations with 661 Hamilton Street. The Mayor announced that closed session School District would be held at the completion of regular business. ORAL COMMUNI- Council reopened Oral Communications to receive input from CATIONS/Continued another member of the public. R. Patrick Hughes, 17th Street, Costa Mesa, reported that he was assaulted by a security guard at Problems at Triangle Triangle Square. He also objected to a police officer giving him a Square jaywalking ticket. The City Manager suggested that Mr. Hughes file a formal complaint with the Police Department, or seek legal assistance if necessary. 1 `'2 4 - COUNCIL COUNCIL Council Member Monahan reminded everyone to attend the Fourth COMMENTS/Taste Annual "Taste of Costa Mesa" which will be held May 19 - 21, of Costa Mesa; and 1995, in the Sears parking lot at South Coast Plaza. He also St. Joachim's announced that St. Joachim's Church will hold their annual Carnival Carnival on May 19 - 21, 1995. Presentation by Council Member Genis stated that she enjoyed the presentation by Young People; and the young people at the beginning of the Council Meeting; and Memorial Day reminded everyone of the true meaning of "Memorial Day". Comments Attributed Referring to a comment which was made during a public discussion to Staff earlier in the evening, Council Member Genis expressed her displeasure with statements such as, "staff told us everything was okay, staff told us we would receive the money, staff told us we would get approval". She cautioned applicants that sometimes what they think they heard from staff, or would like to believe they heard from staff, is not necessarily what happened. She stated that in this situation, staff would not have had the authority to make promises about a couple hundred thousand dollars. Council Member Hornbuckle added that not only did staff review that particular application, but it was reviewed by two citizens advisory committees, and neither committee recommended the action Council took this evening. Senior Center Council Member Hornbuckle announced that the Costa Mesa Rummage Sale Senior Center, located at 19th Street and Pomona Avenue, will hold its annual rummage sale on May 20, 1995, to raise funds for their programs. She also mentioned that May is "Seniors Month". Soccer Tournament Mayor Erickson announced that the Lions Club Soccer Tournament will be held on May 20 and 21, 1995, at various parks throughout Bay Street Traffic the City. He requested that staff initiate a traffic study on Bay Study Street where the young person was injured in a traffic accident. The City Manager confirmed that the Mayor wanted an overall assessment of speed, traffic counts, etc., not necessarily a study for installation of speed bumps. Newport -Mesa School Mayor Erickson reported that he met with City of Newport Beach District Loan Mayor John Hedges and Newport -Mesa Unified School District Board President Judy Franco to discuss the possibility of a loan to the School District for a period of 10 days or more to meet a $11.2 million shortfall. He suggested investigating whether both Councils would agree to make such a loan. Mayor Erickson mentioned that Ms. Franco suggested a joint meeting in June if there is an interest. The City Manager advised Council that a meeting is already being planned with the School Superintendent, the City Manager of Newport Beach, himself, and the respective Finance Directors. The City Manager suggested that the Mayor continue his dialogue with the Mayor of Newport Beach and the School District Board President; however, he felt it was impractical for the three boards to have a joint meeting. He assured Council that he would report back to them after he and the Finance Director have met with the representatives from Newport Beach and the School District. ADJOURNMENT TO At 9:05 p.m., the Mayor adjourned the meeting to a closed session CLOSED SESSION in the first floor Conference Room to discuss the items previously announced by the City Attorney. MEETING The Mayor reconvened the meeting at 9:25 p.m., and the action RECONVENED taken during closed session was announced. MOTION/Authorized Regarding the claim from Bradley E. Jones, by a vote of 3-0, Mayor Settlement of Erickson and Council Member Genis absent, the City Attorney and Jones Claim Risk Manager were authorized to settle the claim as recommended in the City Attorney's confidential memorandum dated May 10, 1995. MOTION/Accept In Newport Boulevard Associates v. City of Costa Mesa, Orange Settlement Offer County Superior Court Case No. 729087, by a vote of 4-0, Council by Newport Member Monahan abstaining, the City Attorney was authorized to Boulevard Assoc. accept the settlement offer as outlined in the Deputy City Attorney's confidential memorandum dated May 8, 1995. MOTION/Gave Regarding negotiations with Newport -Mesa Unified School District Directions on concerning the Rea*School lease, by a vote of 5-0, Council gave Rea School Site directions to the City Manager for further negotiations. ADJOURNMENT The Mayor declared the meeting adjourned at 9:30 p.m. Mayr of the City of Costa Mesa ATTEST: Deputy CW Clerk of the City of Costa Mesa