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HomeMy WebLinkAbout01/02/1996 - City Councilcm REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JANUARY 2, 1996 The City Council of the City of Costa Mesa, California, met in regular session January 2, 1996, 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 led by Council Member Monahan, and invocation by Dr. Gary Barmore, Fairview Community 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 Assistant City Engineer Ernesto Munoz Community Services Director Keith Van Holt Personnel Services Director Steve Hayman Assistant to the City Manager Ann Gyben Deputy City Clerk Mary Elliott MINUTES On motion by Mayor Pro Tem Buffa, seconded by Council Member December 11 and Genis, and carried 5-0, the minutes of the special meeting of 18, 1995 December 11, 1995, and the minutes of the regular meeting of December 18, 1995, were approved. 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. ANNOUNCEMENT Mayor Erickson announced that discussion of Old Business No. 4, Request for Proposal to prepare a Comprehensive Master Plan for Fairview Park, will be continued to the January 8, 1996, Study Session, 4:00 p.m., in first floor Conference Room A of City Hall; and New Business No. 1, regarding destruction of vicious animals, is being removed from the agenda. ORAL COMMUNI- Heather Somers, 427 East 17th Street, Suite 307, Costa Mesa, stated CATIONS/Mesa that other government entities have now focused on Mesa Consoli- Consolidated Water dated Water District management, and have indicated a need for District reorganization and consolidation. She referred to a December 4, 1995, Orange County Register article entitled "Districts Brace for Change", which highlighted the overabundance of special districts and the layers of duplication of services; and a January 1, 1996, Los Angeles Times article, "Testing Waters by Reorganizing Special Districts", which attacks government bureaucracy and the ability of special districts to properly govern and remain financially conservative, yet solvent. She recapped recent events which have occurred at the Water District, and on behalf of the Costa Mesa Coalition for Clean Water, urged Council to consolidate the Water District, as well as the Sanitary District, into the City. Complaint About Dorothy Adams, 220 Amherst Road, Costa Mesa, complained about . College Park School children who annoy animals and destroy property in her Students neighborhood en route to College Park School. She reported that she failed in her attempt to resolve the problem by contacting the school and the Newport -Mesa Unified School District, and indicated that a petition will now be circulated. The City Manager suggested that prior to circulating a petition, a meeting be scheduled with 'himself, Mrs. Adams, her neighbors, a College Park School representative, and the Police Department, to discuss the problem. MacDonald Update Bruce MacDonald, a homeless person, updated Council on his situation, reporting that the case against him was dismissed and his truck is being auctioned on January -17, 1996. CONSENT On motion by Mayor 'Pro Tem Buffa, seconded by Council Member CALENDAR Hornbuckle, and carried 5-0, all Consent Calendar items were MOTION/Approved approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: 20th Century Insurance Company/Lori Allen; Michael Judd; Bruce MacDonald; Dana Paff; and Christina Walters. Public Utilities Notice from Pacific Bell that it has filed an application with the Commission Public Utilities Commission to increase and restructure certain rates of its ISDN services (access. to internet, video -teleconferencing, electronic mail, etc.). WARRANTS Warrant Resolution 1614, funding City operating expenses in the Approved Warrant amount of $1,198,019.91; and Payroll 9525 for $1,377,808.73, were 1614; Payroll 9525 :approved. REJECTED CLAIMS The following claims relating to damaged electrical appliances/ equipment caused by power disruption were rejected: Doug Allenthorp; Erik Bauer; Karen and Peter Bennett; Robert Brooks; Linda Bullard; California Community News Corporation; Dennis Chotenovsky; Sabrina Combs; Dennis Davidow; Leslee Davis; John Doughty; Twyla Dyer; Craig Fisher; Les Fisher; Mark Fluss; Kathleen Franklin; Anjanette Gan; Francis Gorham; Jerry Guerin; Michael Hefner; Matt Hinderliter; Susan Jose; Leonard Klamm; Misty Landreth; Kevin Lawrence; James T. Long; Fred and Gloria Lowrie; Liz McFarland; Edward Morrill; Bill Munce; Pacific Bell; Robby Rosburg; Anita Rogers; Cihan Seyhun; Daina Sher; Richard and Diane Strollo; Andrea Swanton; Hanna Struever and Gordon Johnson; Kimberly Lynn Tarnutzer; Robert and Rebekah Tapie; Skip Taylor -St. James; Marsha Howard Voss; and Linda Zeigler. ADMINISTRATIVE An agreement with CH2M Hill Engineers, 2510 Red Hill Avenue, ACTIONS/Approved Santa Ana, in an amount not to exceed $244,069.00, to provide Agreement with professional services for the rehabilitation of sections of Harbor CH2M Hill Engineers Boulevard from Wilson Street to MacArthur Boulevard, was for Services Relating approved contingent upon approval of the Federal Transportation to Renovation of Improvement Program by the Federal Highway Administra-tion and Harbor Boulevard the State of California Department of Transportation; and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Approved Agreement An agreement with Invision Telecom, Inc., (Pay -Tel America, Inc.), with Invision Telecom 907 Clocktower Drive, Springfield, Illinois, to provide telephone for Police Department services for inmates in the Police Department jail facility for a 36 - Inmate Telephone month period, was approved, and the Mayor and Deputy City Clerk Service were authorized to sign on behalf of the City. Adopted Addendum to A Drug and Alcohol Policy pursuant to the Department of CMCEA MOU, Drug Transportation Regulations, which shall be an addendum to the and Alcohol Policy current Memorandum of Understanding (MOU) between the City and the Costa Mesa City Employees Association (CMCEA), was adopted. Accepted Work by Demolition of Existing Tot Lot Equipment and Other Improvements, Lackey Construction Installation of New Tot Lot Equipment and Handicap Access for Tot Lot Equip- Improvements at Brentwood, Del Mesa, Gisler, Pinkley, Smallwood, ment Replacement, Wilson, and Wakeham Parks, Phase I, was completed to -the Phase I satisfaction of thel.Comrtmunity Services Director on November 28, 1995, by Lackey Construction Company, Post Office Box 1725, Fallbrook. The work was accepted; the Deputy City Clerk was authorized to file a Notice of Completion; authorization was given to release retention monies 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued GP -95-03, Parks, from the meeting of December 18, 1995, to consider General Plan Recreation and Open Amendment GP -95-03, to amend the 1990 General Plan to include Space Master Plan the Parks, Recreation and Open Space Master Plan as an optional element, and to make minor technical changes to the Open Space Subelement to reflect the above -referenced Master Plan. Environmental Determination: Negative Declaration. The Deputy City Manager/ Development Services reviewed the Agenda Report dated December 22, 1995. Roy Andreen, 2769 Cibola Avenue, Costa Mesa, expressed his displeasure at not being updated on this matter, specifically on disposition of the agricultural land at Costa Mesa High School, and declared that the mitigation measures for this property were unclear. He was concerned that the church parking lot adjacent to said property would be misused. Mayor Erickson explained that the matter under consideration was the Parks, Recreation and Open Space Master Plan which is a broad document, and individual sites will require separate consideration. The City Manager informed Mr. Andreen that the Costa Mesa High School site is being processed and conditioned comparable to a private development, including a site plan and an environmental report. The Community Services Director reported that the Planning Commission will discuss the environmental issues at their meeting of January 22, 1996. The City Manager added that the agreement and the site plan will be discussed at the February 5, 1996, Council meeting, and will subsequently be presented to the..Orange County Fairgrounds Board and the School District. Dorothy Adams, 220 Amherst Road, Costa Mesa, asked when Fairview Park would be addressed. The Mayor responded that the a Request for Proposal to prepare a Master Plan for the park will be discussed at the January 8, 1996, Study Session. He encouraged Mrs. Adams to attend the Fairview Park Committee meetings which are held on the third Wednesday of each month. 8.5 David Prather, 1202 Las Arenas, Costa Mesa, expressed concern that the vernal pools at Fairview Park, which is the largest group in Orange County, would be replaced by ballfields. There being no other speakers, the Mayor closed the public hearing. Council Member Genis requested the following corrections: Page 18 of the Open Space Plan (Attachment 3 to the Agenda Report), change the date at the end of the second paragraph to read ...... The Master Plan was adopted as an optional element of the General Plan in 1996. "; Page 61 of the Master Plan (Attachment 2), add the following statement as a footnote to the Alternative Capital Funding Options, "This does not include the funding for improvements to Fairview Park which will range from... (whatever the range will ultimately be, maybe as high as $15 million)."; Page 47 of the Master Plan, Paragraph 3, change the first sentence as follows, "...the Fairview Park Master Plan should also examine design...", deleting the word "include"; and Page 34 of the Master Plan, replace the word "feasible" with "potential" or "are a possibility" when referring to Fairview Park facilities. Mayor Erickson asked Council Member Monahan to respond to a letter from the American Youth Soccer Organization (AYSO), dated December 19, 1995, regarding the utility field at TeWinkle Park which is used by AYSO and Pop Warner Football. The Councilman stated that conversion of the utility field, in conjunction with other fields, into the four -field softball complex would be contingent upon its replacement in a readily accessible, centrally located area, by a comparable lighted field. Council Member Hornbuckle recommended using the wording on Page 48, Lions Park, wherein it states that the conversion of Davis Field is contingent upon the baseball field conversion to softball at TeWinkle Park, suggesting that similar language be added to the section on TeWinkle Park on the same page. Mayor Erickson clarified that this, too, is above and beyond the planned additional youth fields. MOTION A motion was made by Mayor Pro Tem Buffa, seconded by Council Adopted Negative Member Hornbuckle, and carried 5-0, to adopt the Negative Declaration; Adopted Declaration of Environmental Impact, and to adopt Resolution 96-1, Resolution 96-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -95-03, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA TO INCORPORATE THE PARKS, RECREA=TION AND OPEN SPACE MASTER PLAN INTO THE GENER-AL PLAN AS AN OPTIONAL ELEMENT AND MAKING MINOR TECHNICAL AMENDMENTS TO THE OPEN SPACE SUBELEMENT TO MAINTAIN INTERNAL CONSISTENCY, incorporating the changes listed in the preceding paragraphs. PUBLIC HEARING The Deputy City Clerk announced the public hearings, continued Uniform Codes from the meeting of December 18, 1995, for second reading and adoption of the following ordinances: Ordinance 95-22, adopting the 1994 Uniform Codes and the 1993 National Electrical Code, which includes the 1994 Uniform Building Code, 1994 Uniform Mechanical Code, 1994 Uniform Plumbing Code, - 1994 Uniform Housing Code, 1993 National Electrical Code, 1994 Uniform Abatement Code, 1994 Uniform Administrative Code, 1994 Uniform Solar Code, 1994 Uniform Swimming Pool Code, 1994 Uniform Sign Code, and any local amendments thereto; Ordinance 95-23, establishing a building standard for public access alleys on private property; and Ordinance 95-24, adopting the 1994 Uniform Fire Code. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Adopted Ordinance Genis, and carried 5-0, Ordinance 95-22, AN ORDINANCE OF 95-22 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTIONS 5-1,5-12, AND 5-65 OF TITLE 5 OF THE COSTA MESA MUNICIPAL CODE BY ADOPTING THE 1994 UNIFORM CODES AND THE 1993 NATIONAL ELECTRICAL CODE, was given second reading and adopted. There being no speakers, the Mayor closed the public hearing for Ordinances 95-23 and 95-24. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Adopted Ordinance Genis, and carried 5-0, Ordinance 95-23, AN ORDINANCE OF 95-23 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING SECTION 5-3 TO TITLE 5 OF THE COSTA MESA MUNICIPAL CODE ESTABLISHING A BUILDING STANDARD FOR PUBLIC ACCESS ALLEYS ON PRIVATE PROPERTY, was given second reading and adopted. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Adopted Ordinance Genis, and carried 5-0, Ordinance 95-24, AN ORDINANCE OF 95-24 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING CHAPTER II OF TITLE 7 OF THE COSTA MESA MUNICIPAL CODE, ADOPTING THE 1994 UNIFORM FIRE CODE PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE, HAZARDOUS MATERIALS OR EXPLOSION; PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS USES OR OPERATIONS; AND ESTABLISHING A BUREAU OF FIRE PREVENTION AND PROVIDING OFFICERS THEREFOR AND DEFINING THEIR POWERS AND DUTIES, was given second reading and adopted. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Reconsideration of set for the public hearing to reconsider Rezone Petition R-95-03, to Rezone Petition include PDR -MD zoning as an option, along with R2 -MD, or I and R-95-03 R, on portions of East Wilson Street and Santa Isabel Avenue. Environmental Determination: Negative Declaration previously adopted. (The land use designation was changed to Medium Density Residential.) No communications were received. The Affidavit of Publication is on file in the City Clerk's office. The Deputy City Manager/Development Services reviewed the Agenda Report dated December 13, 1995. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Hornbuckle, seconded by Council Ordinance 96-1 Member Genis, and carried 5-0, Ordinance 96-1, AN ORDINANCE Given First Reading OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING REZONE PETITION R-95-03, CHANGING THE ZONING OF 114 AND 118 EAST WILSON STREET, AND AT 115, 119, AND 119'/a SANTA ISABEL AVENUE FROM C1 TO PDR -MD, was given first reading and passed to second reading. 87 OLD BUSINESS The Deputy City Clerk presented from the meeting of December 18, Alcoholic Beverage 1995, second reading and adoption of Ordinance 95-20, requiring License Review discretionary review for certain changes in Alcoholic Beverage Control Licenses. MOTION On motion by Council Member Hornbuckle, seconded by Mayor Pro Adopted Ordinance Tem Buffa, and carried 5-0, Ordinance 95-20, AN ORDINANCE 95-20 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 13-245 OF THE COSTA MESA MUNICIPAL CODE TO REQUIRE DISCRETIONARY REVIEW FOR CERTAIN CHANGES IN ALCOHOLIC BEVERAGE CONTROL LICENSES, was given second reading and adopted. OLD BUSINESS The Deputy City Clerk presented from the meeting of December 18, Antennas 1995, second reading and adoption of Ordinance 95-21, revising the Costa Mesa Municipal Code regarding antennas. Environmental Determination: Exempt. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Adopted Ordinance Monahan, and carried 5-0, Ordinance 95-21, AN ORDINANCE OF 95-21 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTIONS 13-351, 13-354.1, 13- 857, 13-858, 13-859, 13-859.1, AND 13-859.2; AND ADDING SECTIONS 13-859.3 AND 13-859.4 TO THE COSTA MESA MUNICIPAL CODE REGARDING ANTENNAS, was given second reading and adopted. OLD BUSINESS The Deputy City Clerk presented from the meeting of December 18, Performing Arts 1995, a request from the Orange County Performing Arts Center to Center Banner install 130 dual banners on light poles on Bear and Bristol Streets, Request Sunflower Avenue, Avenue of the Arts, and Town Center and Park Center Drives, from March 1 to June 1, 1996. The Assistant to the City Manager summarized the Agenda Report dated December 27, 1995. Richard Bryant, Director of Public Affairs and Marketing for the Orange County Performing Arts Center, 600 Town Center Drive, Costa Mesa, stated that the Center's 10th anniversary is a year-long celebration which began September 29, 1995. He reported that special opportunities will be created to salute the thousands of people who have been instrumental in establishing the Center as a corner- stone of Orange County life and education. He acknowledged a misunderstanding regarding the City's policy regarding corporate logos on banners, and stated that they now understand and accept the policy and are seeking approval of the banners sans logo. David Prather, 1202 Las Arenas, Costa Mesa, supported the banner request. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Approved Banners Hornbuckle, and carried 5-0, installation of banners was approved with the above modification. OLD BUSINESS The Deputy City. Clerk presented from the meeting of November 20, Fairview Park Com- 1995, a Request for Proposal (RFP) to prepare a Comprehensive prehensive Master Master Plan for Fairview Park, to include an Environmental Impact Plan Report (EIR), Negative Declaration, or Mitigated Negative Declaration, as necessary. J S _ CQ9 Eleanor Egan, 1103 Mesa Bluff Drive, Costa Mesa, supported leaving Fairview Park undeveloped and preserving an area for the flora and fauna. She volunteered to become a member of the Fairview Park Committee. Dorothy Adams, 220 Amherst Road, Costa Mesa, felt that the park should be left in its natural state. The City Manager explained that the purpose of the plan is to set a framework for the preservation and restoration of park. Council Member Genis aired her concern over the absence of a master plan for Fairview Park and stated that it had therefore been viewed as a land bank by some members of the community. She supported creating a master plan. David Prather, 1202 Las Arenas, Costa Mesa, asked why a landscape plan was:;being considered for Fairview Park. Mayor Erickson responded that Old Business 4(a) is a request to expand and maintain the native plant restoration project, not a landscape plan. Mark Wilhoit, 1097 Mesa Bluff Drive, Costa Mesa, urged Council to retain the natural state of the park. MOTION/Continued On motion by Mayor Pro Tem Buffa, seconded by Council Member to January 8, 1996, Hornbuckle, and carried 5-0, discussion of the RFP was continued Study Session to the January 8, 1996, Study Session. Mayor Erickson asked staff to inform Fairview Park Committee members that the RFP will be discussed at the Study Session. OLD BUSINESS The Deputy City Clerk presented a request from the Fairview Park Fairview Park Committee for funding in the amount of $2,690.00, to expand and Native Plant Restora- maintain the native plant restoration project at Fairview Park; and tion Project Budget Adjustment No. 96-31, for $2,690.00. The Community Services Director summarized the Agenda Report dated December 26, 1995. MOTION Approved Request On motion by Mayor Pro Tem Buffa, seconded by Council Member amd Adjustment Hornbuckle, and carried 5-0, the request for funding and the Budget Adjustment were approved. OLD BUSINESS The Deputy City Clerk presented from the meeting of October 2, Council Term Limits 1995, City Attorney's Report No. 95-123; and a resolution adopting a proposal to limit the number of terms a member of the City Council may serve on the City Council, and submitting the proposed measure to the Board -of Supervisors of the County of Orange for the ballot of the General Municipal Election of said City to be held on November 5, 1996; and a ballot title and summary. The City Attorney summarized his report dated December 20, 1995. Council Member Hornbuckle recommended adding the word "consecutive" before "term limits" in the title and throughout the resolution, and inserting it into other documents where appropriate. Mayor Pro Tem Buffa recommended changing the wording of the ballot measure to read, "...shall be limited to two (2) consecutive terms of four (4) years each." MOTION A motion was made by Council Member Monahan, seconded by Adopted Resolution Mayor Pro Tem Buffa, and carried 3-2, Council Members 96-2 Hornbuckle and Genis voting no, Resolution 96-2, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING A PROPOSAL TO LIMIT THE CH) NUMBER OF CONSECUTIVE TERMS A MEMBER OF CITY COUNCIL MAY SERVE ON THE CITY COUNCIL, AND SUBMITTING THE PROPOSED MEASURE TO THE SUPERVISORS OF THE COUNTY OF ORANGE FOR THE BALLOT OF THE GENERAL MUNICIPAL ELECTION OF SAID CITY TO BE HELD ON NOVEMBER 5, 1995, was adopted, including the recommended modifications. Council Member Genis opposed, the motion because she believed the - voters are capable of deciding whether or not to elect someone to a third term. She stated that the Federalist Papers pointed out that term limits are sometimes an invitation to corruption because the opportunity of obtaining a third term makes elected officials more responsive to the citizenry. OLD BUSINESS The Deputy City Clerk presented an urgency ordinance rescinding PERS Contract Ordinance 95-18 and approving an amendment to the contract with the Board of Administration of the Public Employees' Retirement System (PERS). The Personnel Services Director reviewed the Agenda Report dated December 19, 1995, explaining that a legal requirement in the Government Code necessitates this urgency action. MOTION On motion by Council Member Hornbuckle, seconded by Council Adopted Ordinance Member Genis, and carried 5-0, Ordinance 96-2, AN URGENCY 96-2 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, RESCINDING ORDINANCE NO. 95-18, AND APPROVING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF COSTA MESA AND THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM, was adopted, and the Mayor and Deputy City Clerk were authorized to execute the required documents on behalf of the City. OLD BUSINESS The Deputy City Clerk presented a request to cablecast the Parks, Cablecasting of Parks Recreation Facilities and Parkways Commission meetings. The City Commission Meetings Manager reviewed the Agenda Report dated December 27, 1995. MOTION A motion was made by Mayor Pro Tem Buffa, seconded by Council Approved Cable- Member Monahan; and carried 5-0, approval was given to cablecast asting the meetings. NEW BUSINESS On motion by Mayor Pro Tem Buffa, seconded by Council Member Destruction of Hornbuckle, and carried 5-0, the following item was withdrawn: Viscious Animals City Attorney's Report No. 95-120A, and an ordinance amending MOTION Section 3-165 of the Costa Mesa Municipal Code concerning Withdrawn destruction of vicious animals. NEW BUSINESS The Deputy City Clerk presented City Attorney's Report No. 95 - Purchase of Monte 119, and a resolution concerning the purchase of the Monte Vista Vista School Site School site, 390 Monte Vista Avenue, from the Newport -Mesa Unified School District. The Community Services Director reviewed the Agenda Report dated December 28, 1995. Mayor Erickson recognized Carolyn Stocker and Mark Rogers, Newport -Mesa Unified School District, who were in attendance. Heather Somers, 427 East 17th Street, Suite 307, Costa Mesa, President of the East Side Homeowners Association, felt that the School District was acting hastily in disposing of properties f > r Dowl MAI considering the burgeoning number of children on the east side of Costa Mesa. She stated that if the land is sold to a developer, it undoubtedly will be changed to medium density, as was the Bear Street property, which depletes the amount of open space and creates housing for families, bringing more children into the neighborhood. As an aside, she asked for statistics on the number of children projected to reside on the Sakioka Farm properties. She asked the City to make an offer on the Monte Vista site in an attempt to retain some open space in this portion of the City. Dorothy Adams, 220 Amherst Road, Costa Mesa, agreed with Mrs. Somers, stating that the City should purchase the property and convert it into a park. MOTION On motion by Council Member Genis, seconded by Mayor Erickson, Adopted Resolution and carried 4-1, Council Member Monahan voting no, Resolution 96-3 96-3, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONCERNING THE PURCHASE OF THE MONTE VISTA SCHOOL SITE FROM THE NEWPORT -MESA UNIFIED SCHOOL DISTRICT, with the finding set forth in Education Code 39397 that "public lands in the vicinity of the Site are inadequate to meet the existing and foreseeable needs of the community for playground, playing field, or other outdoor recreational and open space purposes. " Council Member Monahan opposed the motion because he thought that the price was exorbitant and that the residents from neighboring cities would use the park due to its proximity. Council Member Genis stated that if there were a choice of school sites to purchase, for example Lindbergh, Harper, or Monte Vista, she would place a higher priority on the first two; however, since the option is unavailable, she will support acquiring what is procurable. Mayor Erickson supported retaining the land for public use; if not for an educational purpose then for active recreational use. Council Member Hornbuckle stated that the site is in a terrible location, did not actually want to purchase the property, but supported the motion with great reluctance. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORT/Request Government Code Sections 54956.8 and 54956.9(a) to discuss the for Closed Session: following items: instructions to City negotiators for purchase of the Monte Vista School Monte Vista School site; and City of Costa Mesa v. Sid Soffer, Site; Soffer v. City Orange County Superior Court Case No. X631808 (Munici-pal Court Case No 95C4617). Mayor Erickson announced that closed session would be held at the conclusion of regular business. COUNCIL Mayor Erickson conveyed to Dick Mehren, Chairman of the COMMENTS Fairview Park Committee, that Old Business No. 4, the RFP for the Fairview Park Comprehensive Master Plan for Fairview Park, had been continued to the January 8, 1996, Study Session. He complimented youth Costa Mesa Classic groups. in the City, and announced that the Costa Mesa , Classic Soccer Tournament Soccer Tournament for young people had been held the previous weekend, and 144 teams had participated. He complimented the Community Services Department on the condition of the soccer fields for this event. Council Goals The City Manager responded to a question from the Mayor by stating that the City Council's goals and objectives scheduled for discussion at the January 8, 1996, Study Session, are a version of the objectives which have been corrected to ensure that they accurately reflect current status. 92 ADJOURNMENT TO At 8:25 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 9:05 p. m., and the action RECONVENED taken during closed session was announced. MOTION/City In the matter of the Monte Vista School site, by a vote of 5-0, Manager Given Direc- Council gave instructions to the City Manager regarding tions Re Monte Vista negotiations. City v. Soffer In the matter of City of Costa Mesa v. Sid Soffer, Orange County Superior Court Case No. X631808 (Municipal Court Case No. 95C4617), the following action was taken: MOTION/City By a vote of 5-0, the City Attorney was given directions on Attorney Given Direc- settlement of contempt action, as recommended in the Assistant tions on Settlement of City Attorney's confidential memorandum dated December 27, Contempt Action 1995. MOTION By a vote of 4-1, Council Member Hornbuckle voting no, the City City Attorney Given Attorney was given directions on the disposition of inoperable Directions on Dispo- vehicles, as recommended in the Assistant City Attorney's sition of Vehicles confidential memorandum dated December 27, 1995. ADJOURNMENT The Mayor declared the meeting adjourned at 9:10 p.m. May f the City of Costa Mesa ATTEST: Deputy Cit Clerk of the City of Costa Mesa 1