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HomeMy WebLinkAbout01/15/1996 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JANUARY 15, 1996 The City Council of the City of Costa Mesa, California, met in regular session January 15, 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 Genis, 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 Vince Whelan Transportation Services Manager Peter Naghavi Fire Marshal Tom MacDuff Police Lieutenant Alan Kent Police Sergeant David Walker Deputy City Clerk Mary Elliott MINUTES On motion by Mayor Pro Tem Buffa, seconded by Council Member January 2, 1996 Monahan, and carried 5-0, the minutes of the regular meeting of January 2, 1996, 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. PRESENTATION Hieu Ho, 3000 Cleveland Avenue, Costa Mesa, representing Costa Costa Mesa High Mesa High School, reported that the school's water polo champions School Report and the boys cross-country finalist had been honored at a rally on January 12; the annual Adopt -a -Family Drive, held during the month of December, raised $3,000.00 for needy families, the Orangewood Children's Foundation, the Orange County Rescue Mission, and the Jason Ferguson Fund; a Red Cross Blood Drive will be held in the cafeteria on Friday, January 19, from 8:30 a.m. to 1:00 p.m.; students and faculty are preparing for final examinations which will begin at the end of January; the winter dance will be held in February; International Week, promoting cultural diversity and its importance in the community, will take place at the end of February; and the Key Club, with an average of 200 hours of community service per month, placed first in its division. Responding to a question from the Mayor, Mr. Ho stated that he had heard the 18 - acre Costa Mesa High School farm site may be developed into a new football stadium or a sports facility. LIS,rw,.r ORAL COMMUNI- Tony Petros, 2135 Iris Place, Costa Mesa, newly elected President CATIONS/Chamber of the Costa Mesa Chamber of Commerce, reviewed the focus of the of Commerce Goals Chamber for 1996: continued effort and support for the City's young people; resolving conflicts between businesses and community groups to lessen the need for.new legislation; and investigating the "return to the source taxation" concept, completing studies on the issue and involving the City, the County, and the State. He commented that the infrastructure of the City and services offered are dependent upon monies which are spent in the City being returned. Council Member Genis added that monies should be restored to local government before the State embarks on new programs with its "excess" funds. Fairview Park Robert Graham, 3252 Dakota Avenue, Costa Mesa, thought that it Model Railroad ,would be absurd to relocate the model railroad facility in Fairview Facility Park and construct a sports complex in the vacated area. Mayor Erickson replied that'Fairview Park was discussed at the January 8, 11996, Council Study Session, but no formal action was taken. CONSENT .The following item was removed from the Consent Calendar: Item CALENDAR 5, Change Order No. 3 to the contract with Brandow & Johnson ,Associates, to administer destructive testing, and to reinstate the ,structural analysis in the "Concept Study" Report, for the Downtown 'Community Center; the seismic retrofit of City Hall, the Police ;facility, and the Corporation Yard. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Approved Except ;Hornbuckle, and carried 5-0, the remaining 'Consent Calendar items Item 5 ;were approved as recommended. READING FOLDER ;The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: James Arthur and Shirley Jean Schafer; Brad Billington; Salvador Ceja; Richard L. Clift II; Neal L. Davison; Maureen Gaulrapp; Robert Kelly; Don ' Pokorni; Doreen L. Secor; Carol and Scott Singer; Southern California Edison Company; and Dennis Christopher Oviatt. Alcoholic Beverage Alcoholic Beverage License for which parking has been approved License by the Planning staff: Myo Ja Lee and Hideo Yoshizawa, doing business ' as Lmari, 375 Bristol Street, Suite A-40. WARRANTS Warrant Resolution 1615, funding City operating expenses in the Approved Warrant ;amount of $981,855.73; and Payroll 9526 for $1,385,227.91, were 1615; Payroll 9526 :approved. REJECTED CLAIMS ;The following claims were rejected: Ali Ihab Ali and Samir Ali (alleged personal injury, excessive force, and violation of civil rights). Jones Julie Anna Jones (vehicle towed and stored). City of Newport City of Newport Beach (claim for indemnity in fatal traffic Beach collision). Southern California i Southern California Edison Company (City contractor damaged Edison electrical facilities). 1 1 ADMINISTRATIVE An agreement with Kishimoto Architects, 26081 Merit Circle, Suite ACTIONS/Approved 122, Laguna Hills, for $10,500.00, to retrofit the parking area, Agreement with sidewalks, building, and toilet facilities at the Costa Mesa Tennis Kishimoto for Tennis Facility, 880 Junipero Drive, was approved, and the Mayor and Facility Retrofit Deputy City Clerk were authorized to sign on behalf of the City. Change Order 3 to Item 5 on the Consent Calendar was presented: Change Order No. Brandow & Johnson 3, for $9,000.00, to the contract with Brandow & Johnson Contract for Down- Associates, 20301 South West Birch Street, Suite 100, Newport town Community Beach, to administer destructive testing, and to reinstate the Center Testing; Seis- structural analysis in the "Concept Study" Report for the Downtown mic Retrofit of City Community Center;. exterior steel braced frames scheme for the Hall, Police Facility, seismic retrofit of City Hall; exterior concrete shear walls scheme and Corp Yard for the seismic retrofit of the Police facility; and seismic retrofit of the Corporation Yard. The City Manager;: suggested that staff give a presentation on this item, and referred to the renderings prepared by the consultant which represent three options to strengthen the buildings to ensure earthquake safety. He emphasized that the three above-mentioned facilities house the public safety operations, fire operations, and basic life support systems. The Public Services Director summarized the Agenda Report dated January 8, 1996. It had been Council Member Monahan's understanding that in order to examine the various options, this item would be considered at the meeting of February 5, 1996. Because of the potential $2 million cost, he felt that a public hearing, or notice, or a chance for the public to look at this and provide input is merited. MOTION/Approved On motion by Council Member Monahan, seconded by Council Change Order and Member Genis, and carried 5-0, the following action was taken: Corp Yard Retrofit; Change Order No. 3 was approved; the seismic retrofit of the Continued City Hall Corporation Yard was approved; and the seismic retrofit of City and Police Retrofit to Hall and the Police Facility were continued to the meeting of February 5, 1996 February 5, 1996. INTRODUCTION Mayor Erickson introduced, Donna Fagot and Jeannie Corzo, members of the City Manager's staff. ADJOURNED TO Mayor Erickson adjourned the regular City Council meeting to a JOINT COUNCIL/ joint City Council/Redevelopment Agency meeting. Chairperson AGENCY MEETING Hornbuckle announced that the Mayor would conduct the public hearing. ROLL CALL Agency Members Present: . Chairperson Mary Hornbuckle Vice Chairperson Sandra Genis Agency Member Peter Buffa Agency Member Joe Erickson Agency Member Gary Monahan PUBLIC HEARING Rehearing of PA-93- 17/RA-93-02; and PA-95-40/RA-95-04, Empire Ballroom Officials Present: Executive Director Allan Roeder The Deputy City Clerk announced that this was the time and place set for the public hearing to consider the following: Rehearing of Planning Action PA -93-17, Redevelopment Action RA -93-02, David R. Baade, Attorney for Empire Ballroom, to consider review/modification/revocation of a minor conditional use permit, for a 15,000 square -foot nightclub with a dance floor and billiard tables; and conditional use permits for offset hours of operation for support office area and valet parking, located at 640 95 West 17th Street in an MG zone. Environmental Determination: Negative Declaration previously adopted. Rehearing of Planning Action PA -95-40, Redevelopment. Action RA -95-04, David R. Baade, Attorney- for Empire, Ballroom, authorized agent for Atari Corporation/Staples, for a conditional use permit to allow off-site parking on Thursday, Friday, and Saturday evenings at Staples, located at 620 West 17th Street in a C1 zone. Environmental Determination: Exempt. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. Communications were received from Mark Korando, 582 Park Drive, Costa Mesa, a record of walk-on patrons at the Empire Ballroom, from October 5, 1995, through January 4, 1996; and David R. Baade; attorney for the Empire Ballroom, setting forth the applicant's current status. The Deputy City Manager/ Development Services summarized the Agenda Report dated January '4, 1996. The Police Lieutenant provided a brief update on occurrences at Empire Ballroom which occurred subsequent to his I report at the meeting, of January 2, 1996, stating that the parking arrangements have not improved. Due'to several drunk driving and drunk -in -public disturbances, he deduced that the applicant's managers are not using good judgment in determining when to stop serving customers. The Lieutenant reported that he had met with David Baade to discuss methods of improving the operation. David R. Baade, 3501 Jamboree Road, Suite 4300, Newport Beach, explained that due to the status of this matter, the Empire Ballroom has been unable to implement the Staples parking plan which should alleviate the walk-on patron problem. He noted that 10 or 11 letters from neighboring businesses supporting the operation were previously forwarded to Council, and an additional letter in the same vein : was received from Trader Joe's, ' 103 East 17th Street. Mr. Baade proposed quarterly meetings between Empire Ballroom staff and a Police Department representative. He responded to a question from Council/Agency Member Hornbuckle by stating that the appli- cant intends to seek an additional 71 off-site parking spaces for their staff at Michael's, 610 West 17th Street, and Superior Texaco, 1695 Superior Avenue. Mayor Erickson confirmed for the record that Mr. Baade had received a copy of the walk-on report. Mark Korando, 582 Park Drive, Costa Mesa, complained that the applicant has only delayed the inevitable, and should take responsi- bility for its impact on the community. He referred to the walk-on report he generated, commenting that there are persons who will never use valet parking. He stated that diverting Police personnel from other areas in the City is a major concern. 1 Susan Gabriel, 197. The Masters Circle, Costa Mesa, one of the owners of Pacific Mesa Properties, 670 West 17th Street, Costa Mesa, reported that $5,800.00 had been paid as out-of-pocket expenses to cover damages since the Empire Ballroom located in this area; conditions have not improved; and she has had to place boards over the windows of her business to prevent them from being broken. Heather Somers, 427 East 17th Street, Suite 307, Costa Mesa, I President of the East Side Homeowners Association, thought that this application would continue to impact the neighborhood even if additional parking spaces are obtained. She stated that the business J F� 97 is located in an inappropriate area, and asked Council to sustain the previous revocation action. There being no other speakers, the, Mayor closed the public hearing. Mayor Pro Tem/Agency Member Buffa asked if the suggestions that he had made at a previous Redevelopment Agency meeting regarding signage, left-hand turn prohibitions, and possible measures, had been accomplished. The Transportation Services Manager responded that additional City signs had not been installed to date. The Mayor Pro Tem stated that he had asked that the applicant install signs on the site, and suggested the installation of at least one City sign regarding left-hand turn prohibitions. The Deputy City Manager referred to a letter from the applicant's attorney, David R. Baade, dated January 9, 1996, Page 5, Paragraph 2, reporting that the requirement for the signage was imposed by the City through the Redevelopment Agency but was appealed by:Empire Ballroom, and this letter contains their desire to delete the appeal of this Condition of Approval. Council Motion to A motion was made by Council Member Hornbuckle, seconded by Rescind Resolutions Mayor Pro Tem Buffa, to reconsider the previous decision and 95-97 and 95-98 rescind Resolution 95-97, revoking PA-93-17/RA-93-02, and Failed to Carry Resolution 95-98, denying PA-95-40/RA-95-04, based on new evidence. Mayor Pro Tem Buffa opposed the motion because he felt that the applicant had not been given the opportunity to implement the off- site parking agreement and other measures such as signage and traffic considerations. Council Member Hornbuckle opposed the motion because the court system encourages applicants being given the opportunity to correct outstanding problems. Council Member Genis supported the motion because she thought the applicant has had the opportunity to correct the -aforementioned problems. AGENCY MOTION A motion was made by Agency Member Monahan, seconded by Supported Resolution Agency Vice Chairperson Genis, and carried 3-2, Agency Members 95-97, Revoking PA- Hornbuckle and Buffa voting no, supporting Council Resolution 95- 93-17/RA-93-02; and 97, which revokes Planning Action PA-93-17/Redevelopment Action Resolution 95-98, RA -93-02, and Council Resolution 95-98, which denies Planning Denying PA -95-40/ Action PA-95-40/Redevelopment Action RA -95-04, based on the fact RA -95-04 Council Member Monahan opposed the motion because he felt that new evidence which indicated that the problem will be rectified had not been presented. Council Member Genis pointed out that liquor control and the noise level are to be considered along with the parking problems. The motion failed to carry 3-2, Council Members Genis, Erickson, and Monahan voting no. COUNCIL MOTION A motion was made by Council Member Monahan, seconded by Sustained Adoption Council Member Genis, and carried 3-2, Council Members of Resolution 95-97, Hornbuckle and Buffa voting no, to sustain Council's previous Revoking PA -93-17/ adoption of Resolution 95-97, A RESOLUTION OF THE CITY RA -93-02; and Reso- COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, lution 95-98, Denying REVOKING PLANNING ACTION PA-93-17/REDEVELOPMENT PA-95-40/RA-95-04 ACTION RA -93-02, and Resolution 95-98, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DENYING PLANNING ACTION PA-95- 40/REDEVELOPMENT ACTION RA -95-04, based on the fact that no new evidence was presented to alter the fact that the Empire Ballroom operation is a public nuisance. Mayor Pro Tem Buffa opposed the motion because he felt that the applicant had not been given the opportunity to implement the off- site parking agreement and other measures such as signage and traffic considerations. Council Member Hornbuckle opposed the motion because the court system encourages applicants being given the opportunity to correct outstanding problems. Council Member Genis supported the motion because she thought the applicant has had the opportunity to correct the -aforementioned problems. AGENCY MOTION A motion was made by Agency Member Monahan, seconded by Supported Resolution Agency Vice Chairperson Genis, and carried 3-2, Agency Members 95-97, Revoking PA- Hornbuckle and Buffa voting no, supporting Council Resolution 95- 93-17/RA-93-02; and 97, which revokes Planning Action PA-93-17/Redevelopment Action Resolution 95-98, RA -93-02, and Council Resolution 95-98, which denies Planning Denying PA -95-40/ Action PA-95-40/Redevelopment Action RA -95-04, based on the fact RA -95-04 • P that no new evidence was presented to alter the fact that the Empire Ballroom operation.is a public nuisance. COUNCIL MEET- Mayor/Agency Member Erickson adjourned the Joint City ING RECONVENED Council/Redevelopment Agency meeting, and reconvened the regular Council meeting. RECOGNITION Mayor Erickson recognized Ed Decker, Newport -Mesa Unified School District, and Art Perry, Costa Mesa Sanitary District, who were in attendance. ANNOUNCEMENT Mayor Erickson announced that a request had been received from the Newport -Mesa Unified School District to withdraw Old Business No. 2, a request to process a General Plan Amendment for the Monte Vista School site. PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued Uniform Building from the meeting of December 18, 1995, regarding the 1994 Code Fees Uniform Administrative Code and 1994 Uniform Building Code fees. The City Attorney reviewed the Agenda Report dated January 9, 1996, reporting that the fee increase is approximately 40 percent. There being no speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Genis, seconded by Mayor Continued to j Pro Tem Buffa, and carried 5-0, to continue this item to the meeting February 5, 1996 of February 5, 1996, asking staff to provide information on the actual and associated costs for plan check inspection. OLD BUSINESS The Deputy City Clerk presented from the meeting of December 4, School District 1995, a request to process a General Plan Amendment (GPA) from Request fora Mark Rogers, for Carolyn Stocker, Newport -Mesa Unified School General Plan Amend- District, to change the land use designation at 390 Monte Vista ment for the Monte Avenue (6.25 acres at the northwest corner of Irvine and Monte Vista School Site Vista Avenues) from Public and Semi -Public to Medium Density Residential. A communication was received from Carolyn Stocker requesting withdrawal of the GPA request. MOTION j On motion by Council Member Hornbuckle, seconded by Mayor Pro Withdrawn Tem Buffa, and carried 5-0, the item was withdrawn. The City Attorney announced that the request for closed session pursuant to Government Code Section 54956.8 to discuss possible purchase of the Monte Vista School was not required. Council Member Hornbuckle asked the City Manager to solicit input from surrounding cities regarding their method of dealing with the increase in Uniform Building Code fees. OLD BUSINESS The Deputy City Clerk presented from the meeting of January 2, R-95-03, City of -1996, second reading and adoption of Ordinance 96-1, adopting Costa Mesa Rezone Petition R-95-03, changing the zoning of certain properties on East Wilson Street and Santa Isabel Avenue from C1 to PDR - MD. MOTION/Adopted j On motion by Mayor Pro Tem Buffa, seconded by Council Member Ordinance 96-1 Hornbuckle, and carried 5-0, Ordinance 96-1, AN ORDINANCE 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 115, 119, AND 119'/z SANTA ISABEL AVENUE FROM C1 TO PDR -MD, was given second reading and adopted. OLD BUSINESS The Deputy City Clerk presented from the meeting of December 4, School District 1995, a request to process a General Plan Amendment (GPA) from Request fora Mark Rogers, for Carolyn Stocker, Newport -Mesa Unified School General Plan Amend- District, to change the land use designation at 390 Monte Vista ment for the Monte Avenue (6.25 acres at the northwest corner of Irvine and Monte Vista School Site Vista Avenues) from Public and Semi -Public to Medium Density Residential. A communication was received from Carolyn Stocker requesting withdrawal of the GPA request. MOTION j On motion by Council Member Hornbuckle, seconded by Mayor Pro Withdrawn Tem Buffa, and carried 5-0, the item was withdrawn. The City Attorney announced that the request for closed session pursuant to Government Code Section 54956.8 to discuss possible purchase of the Monte Vista School was not required. r . 99 OLD BUSINESS The Deputy City Clerk presented a resolution approving the Joint 800 Megahertz 'Com- Agreement with participating public agencies to establish the 800 munications System Megahertz Countywide Coordinated Communications System; and Resolution 95-40 concerning the Joint Powers Agreement. The Communications Director reviewed the Agenda Report dated January 11, 1996. Ken Bozarth, 243 East 20th Street, Apt. B, Costa Mesa, supported the new system, and commented that the City should consider installing low band frequencies for use in the event of a disaster. MOTION On motion by Council Member Hornbuckle, seconded by Mayor Pro Rescinded Resolution Tem Buffa, and carried 5-0, the following action was taken: 95-40 and Joint Powers Agreement; Resolution 95-40, A RESOLUTION OF THE CITY COUNCIL Adopted Resolution OF THE CITY OF COSTA MESA, CALIFORNIA, 96-4 APPROVING THE JOINT POWERS AGREEMENT FOR THE ESTABLISHMENT OF THE ORANGE COUNTY 800 MEGA- HERTZ COMMUNICATIONS SYSTEMS, was rescinded; and Resolution 96-4, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING A JOINT AGREEMENT TO ESTABLISH THE 800 MEGAHERTZ COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM; AND RESCINDING RESOLUTION NO. 95-50 AND THE PREVIOUS JOINT POWERS AGREEMENT, incorporating the Conditions of Acceptance outlined in the Supplemental Agenda Report dated January 11, 1996, was adopted. RECESS The Mayor declared a recess at 7:50 p.m., and reconvened the meeting at 8:00 p.m. NEW BUSINESS Mayor Erickson presented a request for speed humps on East 19th East 19th Street Street. The following communications were received: a petition Speed Humps signed by 157 residents, of which almost all live on East 19th Street, requesting the installation of speed humps on Fast 19th Street between Fullerton and Irvine Avenues; a petition signed by 48 residents of East 18th Street, Broadway, and Magnolia Street, opposing the speed humps; letters from 84 residents of East 19th Street, and two letters from Costa Mesa residents who live elsewhere in the City, supporting installation of speed humps; letters from 15 east side residents opposing the project; one letter suggesting the diversion of traffic from East 19th Street to 17th Street; one letter supporting the speed humps provided that they are also installed on Broadway; and one letter suggesting that residents of Broadway will want speed humps installed to counter any additional traffic generated by this proposal. The Public Services Director reviewed the Agenda Report dated January 8, 1996. The Transportation Services Manager addressed traffic data, contained in his memorandum dated January 10, 1996, stating that the traffic pattern on East 19th Street has not increased significantly in the past 18 years, and a decrease in volume has been observed since the opening of State Route 55. He reported that a recent license plate survey had indicated that over 50 percent of the vehicles using East 19th Street. belong to residents. He listed several streets in the City which serve to distribute traffic and are comparable in traffic volume: Del Mar, Orange, and Santa Ana Avenues, and 22nd Street. The Fire Marshall felt that the installation of speed humps would be hazardous to fire trucks, and would delay emergency response time. The Police Sergeant reported that in 1995, over 300 speeding citations had been issued on East 19th Street; however, the speeds were all below 40 miles ,per hour. He believed that the installation of the speed humps ,would disperse the traffic to adjacent streets. ;The following Costa Mesa residents commented on 19th Street traffic problems, the proposed speed humps, and viable alternatives: Braun Walker, 379 East 19th Street; Ken Bozarth, 243 East 20th Street, Apt. B; Janice Petrocchi, 180 East 19th Street; Charles Catanese, 296 East 19th Street; Lefteris Lavrakas, 354 Broadway; Mike Villani,,200 Flower Street; and Heather Somers, 427 East 17th Street, Suite 307. The following Costa Mesa residents spoke in support of the East ,19th Street speed humps: Louis Nigro, 268 East 19th Street; Jeff McConville, 466 East 19th Street; Marianne Wegener, 251 East 19th Street; Jim Miller, 245 East 19th Street; Hilario Camacho, 346 East 19th Street; John Daffron, 211 East 19th Street; Cindy Vosseller, 234 East 19th Street, Unit A; David Hartman, 422 East 19th Street; Bill Borthwick, 2722 San Juan Lane; Christopher Lance, 426 East 19th Street; Mike Brion, 232 East 19th Street; Betty McLean, 389 East 19th Street; Kate Kaylor, 446 East 19th Street; Jon Larson, 174 East 19th Street; Judy Smith, 320 East 19th Street; Mark Abrams, 174 Broadway; Joe Palomba, 476 East 19th Street; Lance Thompson -Hailstone, 1102 El Camino Drive; Peter Campbell, 215 'East 19th Street; resident at 223 East 19th Street; Bruce MacDonald, homeless; Wayne Tate, 177 East 19th Street; and Albert Eichler, 406 East 19th Street. Also speaking in support was Bob Hoffman, 3110 Clay Street, Newport Beach, a former resident of East 19th Street. The following Costa Mesa residents were opposed to the 19th Street speed humps: Dick Hamm, 479 East 18th Street (who submitted the above referenced petition, opposed to the speed humps, signed by 48 residents); Nancy Nunan, 353 Broadway; Bill Halle, 480 East 18th Street; Lance Jencks, 443 Flower Street; Jerry Tucker, 466 Flower Street; Jonathon Perry, 1935 Fullerton Avenue; Heather Armbruster, 216 East 20th Street; Hanna Strever, 230 East 18th Street; Lupe Cleavinger, 211 Broadway; Jim Palmer, 495 East 18th Street; Cal Kloeckner, 167 Broadway; Ann Hardy, 188 Flower Street; Justin Kloeckner, 167 Broadway; Judith Gielow, 469 East 18th Street; Bob Yoder, 155 Buoy Street; Scott Sneathen, 1965 Fullerton Avenue; Dana Halle, 480 East 18th Street; Richard Launder, 337 Flower Street; Greg Wooden, 321 Flower Street; and Bill Nunan, 353 Broadway. Mayor Erickson expressed an interest in looking into funding for 17th Street improvements; the purchase of an additional radar wagon; signage on 17th Street; and lowering the speed limit to 15 miles per hour on 19th Street or constructing a barrier at Dover Street. Mayor Pro Tem Buffa suggested investigating the use of an automated device called "photocop" which photographs the license plate of a vehicle which is speeding and automatically issues a citation. Council Member Monahan suggested initiating an East Side Study as a Council goal for next year. Council Member Genis felt that the City of Newport Beach had not been supportive of Costa Mesa's efforts relating to traffic problems on 19th Street and efforts to delete the proposed 19th Street bridge from the County's Master Plan of Arterial Highways. She believed that not only should traffic on the east side be analyzed but also comprehensive land uses 1 wherein single-family residences are being converted to other uses. She proposed that the City consider disallowing the replacement of nonconforming duplexes and triplexes. Council Member Hornbuckle encouraged pursuing signage in Newport Beach, with the aid of the California Department of Transportation, directing traffic to the 55 Freeway via 17th Street and to the 73 Freeway via Irvine Avenue; and reducing_ allowable _truck weight from five to three tons on residential streets. The Mayor asked the Transportation Services Manager to review the use of "commercial vehicles" as opposed to "vehicles" in limiting tonnage. MOTION On motion by Council Member Hornbuckle, seconded by Council Authorized Study of Member Genis, and carried 5-0, staff was authorized to review the East Side Traffic following concept and make a recommendation at the February 5, Safety Improvements 1996, meeting: install a speed hump at or near Irvine Avenue at the Costa Mesa boundary on each of the east/west through streets, East 18th, 19th, 20t4.; 21st, Flower, and Magnolia Streets, and Broadway; install speed humps at the other end of the same streets, beginning at the residences; install speed humps on 22nd Street at Santa Ana Avenue and where the residences begin at the Newport Boulevard end; install a speed hump on Costa Mesa Street at the Irvine Avenue end only; and investigate including other streets in the area in this plan. Council Member Hornbuckle stated that she would be willing to delete 22nd Street from the list, if necessary. Addressing the gentleman who related that he places cones in the street to enable his children to play basketball, Mayor Pro Tem Buffa advised him that this idea is unwise for various reasons, including safety and legal issues. Council Member Genis cautioned that even with the addition of speed humps, the streets will never be a safe area for children to play, and encouraged the use of lights and reflectors on bicycles, wearing light colored clothing towards the evening hours to ensure visibility, and education in safety measures. MOTION A motion was made by Council Member Hornbuckle, seconded by Authorized Develop- Mayor Pro Tem Buffa, and carried 5-0, directing staff to develop, ment of Residential for consideration at the meeting of February 5, 1996, large -lettered Signs signs conveying the message, "Slow down, you are entering a residential neighborhood", picturing children at play, and to determine the cost of the signs and the method by which to pay for them, with the intention of immediate implementation. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORT/Request Government Code Section 54956.9(a) to discuss the following: City for Closed Session: of Costa Mesa v. Sid Soffer, Orange County Superior Court Case City v. Soffer; No. X631808 (Municipal Court Case No. 95C461'T; -and Scarcello Scarcello v. City v. City of Costa Mesa, Orange County Superior Court Case No. 71- 82-79. The Mayor announced that closed session would be held at the conclusion of regular business. COUNCIL Council Member Genis reported that on February 22 and 23, 1996, COMMENTS at the Biltmore Hotel, the Southern California Association of SCAG Conference Governments (SCAG) organization is sponsoring a. conference on. trade between California and northern Mexico. She expressed 73 Freeway concern regarding a Negative Declaration relating to the connecting Connectors roads to the 73 Freeway, suggesting that the City look into the initial study and the type of mitigation being proposed to protect the impact on Costa Mesa streets. 101 10 GMA Funding 'Mayor Erickson reported that he, received a communication Reallocations regarding Growth Management Area (GMA) funding reallocations land was asked to return the signed document to the Orange County ;Transit Authority by January, 19, 1996, but preferred that Council 1913 Pomona Avenue ;consider it at the meeting of February 5, 1996, prior to submission. ABC License Protest ;I3e stated that a letter was received from Alcoholic Beverage Control '(ABC) regarding protests against issuing a license for the convenience store at 1913 Pomona Avenue. The City Manager added that the ABC had taken ' under submission the information from the City, the Police Department, and neighbors in the area, and - they are in the process of making a determination which will be City Manager and announced at a hearing. The Mayor complimented the City Staff Commendation 'Manager and his staff for the response time to incoming correspondence, wherein over 90 percent were answered within 10 working days. ADJOURNMENT TO At 10:35 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 iThe Mayor reconvened the meeting at 11:00 p.m., and the action RECONVENED taken during closed session was announced. MOTION/City In City of Costa Mesa v. Sid Soffer, Orange County Superior Court Attorney Authorized Case No. X631808 (Municipal Court Case No. 95C4617), by a vote to Proceed with of 3-2, Council Members Buffa and Monahan voting no, the City City v. Soffer Attorney was authorized to proceed as recommended in his confidential memorandum dated January 9, 1996. MOTION In Scarcello v. City of Costa Mesa, Orange County Superior Court Scarcello v. City Case No. 71-82-79, by a vote of 3-2, Council Members Buffa and Settlement Autho- Monahan voting no, the City Attorney was directed on settlement of rized the sale of property at 17th Street and Newport Boulevard, as referenced in his confidential memorandum dated January 10, 1996, ADJOURNMENT The Mayor declared the meeting adjourned at 11:05 p.m. r r of the City of Costa Mesa ATTEST: j .. Deputy City lerk of the City of Costa Mesa i 1