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HomeMy WebLinkAbout02/20/1996 - City CouncilROLL CALL REGULAR. MEETING OF THE CITY COUNCIL CITY OF COSTA MESA FEBRUARY 20, 1996 The City Council of the City of Costa Mesa, California, met in regular session February 20, 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 and the invocation led by Council Member Hornbuckle. 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 Transportation Services Manager Peter Naghavi Finance Director Susan Temple Recreation Superintendent Chuck Carr Associate Planner Carol Proctor Assistant to the City Manager Ann Gyben Deputy City Clerk Macy o Elliott MINUTES j On motion by Council Member Hornbuckle, seconded by Mayor Pro February 5, 1996 Tem Buffa, and carried 5-0, the minutes of the regular meeting of= February 5, 1996, were approved as distributed. i 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 Leslie Najarian, 3391 Carmel Drive, Costa Mesa, representing Estancia High School ! Estancia High School, reported that Estancia is being evaluated for Report an accreditation program which is valid for up to six years; the j boy's basketball team took first place in the Pacific Coast League, their coach being named "Coach of the Year", and the girl's team tied for second place; the boy's soccer.team was first in their league, and the girl's team took fourth place. She stated that upcoming Associated Student Body events include a Sadie Hawkins Day dance and barbecue; Senior Trip Day to Magic Mountain on June 6; the Senior Brunch to take place at Planet Hollywood; and the Senior Prom on May 17. , Ms. Najarian praised a student at Estancia, j Jackie McGinnis, who is participating in a program called "People to People" and will be travelling throughout Europe for three weeks i talking with others about our government. She presented Estancia's accreditation book, "Focus on Learning", to Mayor Erickson. PRESENTATION I Mayor Pro Tem Buffa recognized three persons from Costa Mesa Olympic Torch who have been chosen to carry the Olympic torch one kilometer Bearers each on its journey to Atlanta, Georgia: Deborah Magnuson; Neal 1 s.r E_ Z_A Buell; and Chris Fielder. He stated that this event will take place on Sunday, April 28, 1996, departing the Huntington Beach pier early in the morning. ANNOUNCEMENT Mayor Erickson announced that a recommendation had been received to continue Public Hearing No. 3, Resolution finding and determining that the public interest and necessity require the acquisition by eminent domain of certain real property at 1503 South Coast Drive for public use. ORAL COMMUNI- Robert Graham, 3260 Dakota Avenue, Costa Mesa, expressed CATIONS concern about the appearance of Costa Mesa in regard to its ability Overhead Lines on to attract new residents, specifically noting the overhead Fair Drive communication lines on Fair Drive. He felt that this situation should be addressed by placing the lines underground for aesthetic reasons. West 19th Street Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, commented on the Surveillance increase of helicopter surveillance and police car activity on West 19th Street during the weekends, between Harbor Boulevard and Monrovia Avenue where there are approximately 23 restaurants, liquor stores, and bars which sell alcohol. He asked about an ordinance authorizing City control over establishments selling alcohol in high -crime areas. The City Attorney explained that the State of California Alcoholic Beverage Control has given the City the ability to object to the application for, or transfer of licenses in a high crime area where an over -concentration of licenses exists. Irvine Ranch Water Janet Remington, 1164 Boise Way, Costa Mesa, reported that the District Proposal City of Newport Beach has taken a strong stand against an Irvine Ranch Water District proposal to dispose of treated sewage in Upper Newport Bay. She asked if the City would be interested in supporting this cause. Act of Random Nancy Palme, 1997 Kornat Drive, Costa Mesa, related an incident Violence of random violence which had recently occurred, and spoke in support of gun control to eliminate this type of senseless act. CONSENT On motion by Mayor Pro Tem Buffa, seconded by Council Member CALENDAR Genis, and carried 5-0, all Consent Calendar items were approved MOTION/Approved as recommended. WRITTEN COMMU- Resolution 96-11, A RESOLUTION OF THE CITY COUNCIL OF NICATIONS/Adopted THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING Resolution 96-11 RECORDS DESTRUCTION FOR THE FINANCE DEPART - for Finance Records MENT OF THE CITY OF COSTA MESA, PURSUANT TO Destruction ORDINANCE NO. 75-60, was adopted. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: David Roberts; and Rene M. Solorio. Public Utilities Notice A 95-12-043 from the Public Utilities Commission Commission regarding the Application of Pacific Bell (U 1001 C), for authority to increase and restructure certain rates of its Integrated Services Digital Network Services. Crime Prevention Resolution from the City of Anaheim supporting the proposed City Program of Anaheim Immigration and Naturalization Service (INS) identifi- cation pilot program. iz WARRANTS Warrant Resolution 1617, funding City operating expenses in the Approved Warrant amount $1,210,355.76; and Payroll 9602 for $1,326,186.72, were 1617; Payroll 9602 approved. REJECTED CLAIMS I The following claims were rejected: Bowman 1 Debora Lyn Bowman (vehicle tow and. storage). Kelly Robert Kelly (vehicle tow and storage). Morton ! Mark Wayne Morton (reimbursement for stored vehicle and other costs). Santos ! Andrew Santos (vehicle damaged by construction debris). Billington/Burgess/ Brad Billington; Susan Burgess; Neal L. Davison; Jean D. Davison/Girado/ j Girado; - Anita Goodall; Cathy Kitto; Dennis Christopher Oviatt; Goodall/Kitto/Oviatt/ LaRae Parry; Doreen L. Secor; and Carol and Scott Singer Parry/Secor/Singer j (damaged electrical appliances/equipment caused by power disruption). Campbell Steven D. Campbell (accident at Wilson Park). I Foster Robert William Foster (accident at Wilson Park). I ADMINISTRATIVE Purchase of fourteen 1996 police patrol vehicles from Downtown ACTIONS/Approved Ford Sales, 525 North 16th Street, Sacramento, for a total cost of Purchase of Police $290,673.00, was approved; and Budget Adjustment No. 96-40 for Vehicles; Approved $290,675.00, to provide an adequate appropriation for purchase of . Adjustment vehicles, was approved. Approved Purchase of Purchase of paramedic supplies from ProMed, Inc., 4060 Morena Paramedic Supplies Boulevard, Suite G313, San Diego, foran annual amount not to from ProMed exceed $50,000.00, was approved. Ratified Amendment An amendment to the agreement with the Orange County Sheriff's to Agreement with Office, increasing hangar rent and fees in conjunction with Sheriff for Hangar helicopter maintenance provided by the Costa Mesa Police Rent and Fees i Department Aero Bureau, was ratified. Adopted Resolution ! Resolution 96-12, A RESOLUTION OF THE CITY COUNCIL OF 96-12, Approving' THE CITY OF COSTA MESA, CALIFORNIA, APPROVING Supplement No. 022 AND AUTHORIZING THE DIRECTOR OF PUBLIC SERVICES to Construct SR -55 ! TO EXECUTE SUPPLEMENT NO. 02210 LOCAL AGENCY - Bridges STATE AGREEMENT FOR FEDERAL -AID NO. 12-5312 BETWEEN THE STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF COSTA MESA, to construct four bridges crossing over State Route 55, Project No. STPLH-5312 (010), was adopted. Adopted Resolution I Resolution 96-13, A RESOLUTION OF THE CITY COUNCIL OF 96-13, Approving I THE CITY OF COSTA MESA, CALIFORNIA, APPROVING Supplement No. 023 AND AUTHORIZING THE DIRECTOR OF PUBLIC SERVICES to Construct Newport 1 TO EXECUTE SUPPLEMENT NO. 023 TO LOCAL AGENCY - Boulevard Improve- STATE AGREEMENT FOR FEDERAL -AID NO. 12-5312 ments BETWEEN THE STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF COSTA MESA, to construct Newport Boulevard improvements (northbound frontage road to State Route 55), Project No. STPLNHG-5312 (011), was adopted. I. , 1.21 Adopted Resolution Resolution 96-14,.A RESOLUTION OF THE CITY COUNCIL OF 96-14, Approving THE CITY OF COSTA MESA, CALIFORNIA, APPROVING Supplement No. 024 AND AUTHORIZING THE DIRECTOR OF PUBLIC SERVICES to Construct Newport TO EXECUTE SUPPLEMENT NO. 024 TO LOCAL AGENCY - Boulevard Improve- STATE AGREEMENT FOR FEDERAL -AID NO. 12-5312 ments BETWEEN THE STATE DEPARTMENT OF TRANSPORTA- TION AND THE CITY OF COSTA MESA, to construct Newport Boulevard improvements- (Wilson Street north of Monte Vista Avenue), Project No. STPLNHG-5312 (012), was adopted. Awarded Contract for Bids received for Renovation of the Landscape Median at Loren Renovation of Loren Lane and Baker Street are on file in the City Clerk's office. The Lane Median to contract was awarded to D. J. Construction Company, 14730 East D. J. Construction Firestone Boulevard, Suite 301, La Mirada, for $10,764.00. Awarded Contract for Bids received to Replace Carpeting at Various Fire Station Fire Station Car- Locations, Project No. 95-17, are on file in the City Clerk's office. peting, Project No. The contract was awarded to Razalas, Inc., doing business as Metro 95-17, to Razalas Floor Covering, 1580 East Edinger Avenue, Unit J, Santa Ana, for $6,029.00, and the City Manager. was authorized to execute change orders not to exceed $2,026.00. Approved Change Or- Change Order "C" for $35,000.00 to the tree trimming der "C" to Tree Trim- contract with West Coast Arborists, Inc., 7072 Thomas Street, ming Contract with Buena Park, to increase the contract for fiscal year 1995-96, was West Coast Arborists approved. Approved Agreement An agreement with the City of Newport Beach for construction of with City of Newport the 15th Street improvements from Newport Boulevard to Irvine Beach for 15th Street Avenue, was approved, -and the Mayor and Deputy City Clerk were Improvements authorized to sign on behalf of the City. Harbor Boulevard The following action was taken regarding Right-of-way Acquisi- Right-of Way Acqui- tions on Harbor Boulevard, Dale Way to Date Place, for Street sition Widening: Approved Purchase "Purchase Agreement and Escrow Instructions" to acquire Agreement with property at 3029 Harbor Boulevard, owned by the Karen Karen Persinger Persinger Trust, was approved, and the Public Services Director Trust was authorized to sign on behalf of the City. Approved Purchase "Purchase Agreement and Escrow Instructions" to acquire Agreement with property at 3030 Harbor Boulevard, owned by Federal Employees Federal Employees Distributing Company, was approved, and the Public Services Distributing Director and Deputy City Clerk were authorized to sign on behalf of the City. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Application from set for the public hearing to consider an application from Charles Yates Appealing Yates,. 301 Avocado Street, Apartment 17, Costa Mesa, appealing Approval of PA -96- the Planning Commission's approval of Planning Action PA -96-03, 03, UNOCAL/Peotter for UNOCAL/Scott Peotter, authorized agent for Union Oil Company of California/Philip Dedge, for a Conditional Use Permit to demolish the existing gas station building and construct a new 1,372 -square -foot mini -mart at the existing UNOCAL 76 gas station, 2281 Newport Boulevard, in a C2 zone; and to allow concurrent sale of beer, wine, and gasoline. Environmental Determination: Exempt. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. No communications were received. x.2.2 Ja Koh, 2205 Fairview Road, Costa Mesa, representing the appellant who was not in attendance due to a medical emergency, felt that there is an overabundance of off -sale alcoholic beverage licenses in this area. He did not agree with mixing the sale of liquor with the sale of gasoline. During discussion, it was ascertained that Mr. Koh is the owner of Mr. B's Liquor, same address as above. Dorothy Adams, 220 Amherst Road, Costa Mesa, opposed uphold- ing the approval of this application, and shared the names and locations of the establishments in the area which possess alcoholic beverage licenses. Heather Somers, 427 East 17th Street, Suite 307, Costa Mesa, submitted an Alcoholic Beverage Control (ABC) list indicating areas which are high in crime and a list which exhibits establishments possessing on- and off -sale ABC licenses. She noted that the UNOCAL stations being considered for a license are both in areas with a high ratio of off -sale retail licenses, and the 2281 Newport Boulevard station is located in a high crime area. She asked that Council deny the application. Scott Peotter, representing UNOCAL, 1 Corporate Park, No. 101, Irvine, reported that they are upgrading service stations throughout the state by adding convenience stores, car washes, and fast food, with a total of four stations in Costa Mesa being revamped. Mr. Peotter noted that UNOCAL will not be purchasing a new license but will transfer an existing license from within the City. He pointed out that the sale of alcohol will be limited to between 6:00 a.m. and 1:00 'a.m. daily; there are no signs advertising alcoholic beverages on the store; fortified wines, such as Thunderbird, are not sold; single cans will not be sold; and coin operated video amuse- ment devices, adult magazines, and videos, will not be available. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Monahan, seconded by Adopted Resolutions Mayor Pro Tem Buffa, to adopt the following resolutions which 96-15 and 96-16 uphold the Planning Commission's approval of Planning Action PA - Upholding Approval 96-03: of PA -96-03 Resolution 96-15, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING ACTION PA -96-03, A CONDITIONAL USE PERMIT TO CONSTRUCT A MINI - MART AND REFURBISH AN EXISTING GAS STATION. Resolution 96-16, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING ACTION PA -96-03, A CONDITIONAL USE PERMIT FOR THE CONCURRENT SALE OF ALCOHOLIC BEVERAGES AND MOTOR VEHICLE FUEL, adding the Condition of Approval, "The applicant shall acquire an existing liquor license within the City of Costa Mesa for this site". Council Member Genis asked that the motion be modified to add the "Applicants Voluntarily Suggested Conditions on Parameters of Operational Authority, UNOCAL Service Station No. 5067, 2281 Newport Boulevard, Costa Mesa, California" to both resolutions. This request was agreed to by the maker of the motion and the seconder. The motion carried 5-0. .-L23 At the request of Council Member Hornbuckle, the Deputy City Manager reported that the Police Department advised that alcoholic beverage licenses issued to service station mini -markets are preferable to those issued to free-standing convenience markets due to the faster turnover of traffic, better lighting, and so forth. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Appeal of PA -96-10, set for the public hearing to consider an appeal of the Planning UNOCAL/Peotter Commission's decision for Planning Action PA -96-10, from UNOCAL/Scott Peotter, 1 Corporate Park, Suite 101, Irvine, authorized agent for the estate of Mary Belle Tobias, for a Conditional Use Permit to improve the existing UNOCAL gas station, including construction of a new 1,372 square -foot food mart, and concurrent sales of alcoholic beverages and gasoline, located at 393 East 17th Street, in a C1 zone. Environmental Determination: Exempt. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. �' ` A communication was received from Ellyn Nielsen, 1741 Tustin Avenue, No. B19, Costa Mesa, opposing the project. Mayor Erickson stated for the record that his residence is within 2,500 feet of the facility; however, he has been assured by the City Attorney that a conflict of interest does not exist. Scott Peotter, representing UNOCAL, 1 Corporate Park, No. 101, Irvine, confirmed that this project is similar to Planning Action PA - 96 -03, including configuration of the site. He reported that the project would entail maintaining the existing canopies, upgrading the fueling dispensers, and building the convenience store. He agreed to impose the conditions presented in the previous project, and reiterated that they would purchase an existing alcoholic beverage license. Heather Somers, 427 East 17th Street, Suite 307, Costa Mesa, as a resident and President of the East Side Homeowners Association, asked that this request for sale of alcoholic beverages be denied. She observed that a list generated by the Costa Mesa Police Department indicates that this application is in a high crime area. She felt that the sale of liquor and gasoline is not a reasonable option. Council Member Genis remarked that the statement on Page 35 of the Agenda Report, last paragraph, indicated that this application "is not currently in a high crime area," which contradicts Mrs. Somer's observation in the previous paragraph. The Associate Planner confirmed that this is definitely not a high crime area. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Monahan, seconded by Mayor Pro Adopted Resolution Tem Buffa, and carried 4-1, Council Member Hornbuckle voting no, 96-17 Approving Resolution 96-17, A RESOLUTION OF THE CITY COUNCIL OF PA -96-10 THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING ACTION PA -96-10, was adopted, adding Condition of Approval No. 29 to Exhibit "B-1", "The liquor license shall be a liquor license already existing in the City of Costa Mesa." Council Member Hornbuckle opposed the motion stating, that this item is considerably different than the one previously approved, specifically the previous additional liquor license brought the total to only six outlets in the census tract; in this application, the addition Z4 PUBLIC HEARING Condemnation of Property at 1503 South Coast Drive, CIGNA MOTION Continued to March 4, 1996 i i I I brings the total to 14. Mayor Erickson supported the motion because the license is being transferred, possibly from an application which is a problem, and heavy restrictions are being imposed. ,Council Member Monahan pointed out that one reason for the over - Concentration of licenses in this area is due to 17th Street being such 'a heavily commercial area, and restaurants and grocery stores are included in the count. Council Member Genis supported the motion 'because the transfer of the license would allow the City more control, and UNOCAL is a major corporation with a good track ;record. The Deputy City Clerk announced that this was the time and place set for the public hearing to consider a resolution finding and determining that the public interest and necessity require the acquisition by eminent domain of certain real property at 1503 South Coast Drive for street widening, a public use, of Harbor Boulevard and South Coast Drive between the I-405 Freeway and 500 feet north of South Coast Drive, and authorizing and directing condemnation; property owner, Connecticut General Life Insurance Company (CIGNA). The Notice of Hearing was sent to the. property owner as required by law. A communication dated February 12, 1996, was received from Sandi L. Nichols, Washburn, Briscoe & McCarthy, 55 San Francisco Street, Suite 600, San Francisco, representing Connecticut General Life Insurance, submitting objections to the Resolution of Necessity to acquire subject property; a communication dated February 20, 1996, was received from Sandi L. Nichols, advising that representatives from Connecticut General Life Insurance will not be attending the Council meeting and- requesting that their objections contained in the February 12, 1996 letter be considered; and a communi-cation was received from Gayle L. Eskridge, Esq., Hornberger & Criswell, Counsel for the City, 444 South Flower Street, 31st Floor, Los Angeles, requesting a continuance to the meeting of March 4, 1996. On motion by Mayor Pro Tem Buffa, seconded by Council Member Hornbuckle, and carried 5-0, the public hearing was continued to the meeting of March 4, 1996. ADJOURNED TO I At 7:40 p.m., Mayor Erickson adjourned the regular City Council JOINT COUNCIL/ ! meeting to an adjourned joint City Council/Redevelopment Agency REDEVELOPMENT meeting. Chairperson Hornbuckle announced that Mayor Erickson MEETING would conduct the meeting. ROLL CALL OLD BUSINESS County Resolution of Bankruptcy Claims Agency Members Present: Chairperson Mary Hornbuckle Vice Chairperson Sandra Genis Agency Member Peter Buffa Agency Member Joe Erickson Agency Member Gary Monahan Officials Present: Executive Director Allan Roeder The Deputy City Clerk presented a plan of adjustment, disclosure statement, and joint agreement proposed by the County of Orange for resolution of bankruptcy claims against the County (United States Bankruptcy Court Case No. SA94-22272JR). The City. Attorney reviewed his Report No. 96-6 dated January 29, 1996, stating that the plan and the joint agreement are not without risk; however, after review, he recommended approval of the agreement and acceptance of the plan. The Finance Director summarized the Agenda Report dated February 8, 1996, and outlined the economic benefits and consequences in relation to the plan of adjustment. A question and 1 answer period ensued. Council Member/Vice Chairperson Genis stated that she is listed as a creditor of the County, but indicated that no money was owed to her. Consequently, she did not feel a conflict of interest existed. COUNCIL MOTION On motion by Council Member Hornbuckle, seconded by Mayor Pro Approved Agreement; Tem. Buffa, and carried _5-0, the agreement was approved, the Mayor Accepted Plan was authorized to sign on behalf of the City, and the plan was accepted as being in the best interest of the City. AGENCY MOTION On motion by Chairperson Hornbuckle, seconded by Agency Approved Agreement Member Buffa, and carried 5-0, the agreement was approved, the Accepted Plan Chairperson was authorized to sign on behalf of the Redevelopment Agency, and the plan was accepted as being in the best interest of the Agency. COUNCIL MEET- At 8:00 p.m., Mayor/Agency Member Erickson adjourned the ING RECONVENED adjourned joint City Council/Redevelopment Agency meeting, and reconvened the regular City Council meeting. OLD BUSINESS The Deputy City Clerk presented from the meeting of February 5, Ordinance 96-3, Reg- 1996, second reading and adoption of Ordinance 96-3, regarding ulated Care Facilities State -regulated care facilities and work furlough facilities. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Adopted Ordinance Genis, and carried 5-0, Ordinance 96-3, AN ORDINANCE OF 96-3 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REPEALING SECTION 13-126, ADDING SECTIONS 13-111 AND 13-133, AND AMENDING SECTIONS 13-40, 13-136, AND 13-148 OF THE COSTA MESA MUNICIPAL CODE REGARDING STATE REGULATED CARE FACILITIES AND WORK FURLOUGH FACILITIES IN RESIDENTIAL ZONING DISTRICTS, was given second reading and adopted. OLD BUSINESS The Deputy City Clerk presented a request for Suburbia Park Suburbia Park Bicycle Trail Signage. The Recreation Superintendent summarized Bicycle Trail Signage the Agenda Report dated February 12, 1996. MOTION/Delayed On motion by Mayor Pro Tem Buffa, seconded by Council Member Signage Until Hornbuckle, and carried 5-0, signage was delayed until the Orange Completion of Study County Transportation Authority (OCTA) completes its study. OLD BUSINESS The Deputy City Clerk presented a request to appoint members to Library Services the ad hoc Library Services Committee. The Assistant to the City Committee Appoint- Manager reviewed the Agenda Report of February 9, 1996. Mayor ments Erickson noted that Eleanore Humphrey applied for a position prior to the official notification, and asked that she be considered for appointment. MOTION On motion by Council Member Hornbuckle, seconded by Mayor Pro Appointed Committee Tem Buffa, and carried 5-0, Barbara Morihiro, Dr. Brooke Booth, Members Stuart Warrick, Jr., Gay Geiser -Sandoval, Dorothy Montgomery, Barbara Kuhn Al-Bayati, Joan Murphy, Ken White, and Eleanore Humphrey were appointed members of the Committee; Donna Fuller and Mary Ellen Goddard were appointed alternates; and Council Member Genis was appointed Council liaison. OLD BUSINESS The Deputy City Clerk presented a request from the Coalition for Investigation of Water Clean Water for Council investigation into merging the Mesa District Merger with Consolidated Water District into the infrastructure of the City of City Costa Mesa-. Communications were received from Dorothy Adams, 1Z V 220 Amherst Road, Costa Mesa, supporting the Water District consolidation with the City; Neal Johnson, 2400 Harbor Boulevard, Costa Mesa, opposing -the Water District consolidation with the City at this time; and Dr: Brigide L. Daily, 2850 Mesa Verde Drive East, Suite C, Costa Mesa, opposing the consolidation. Mayor Erickson stated for .the record that a Study Session had been conducted which addressed this item. Heather Somers, 427 East 17th Street, Suite 307, Costa Mesa, co- founder of the Coalition for Clean Water, provided data on the following subjects: Statement of merging Mesa Consolidated Water District into the infrastructure of the City of Costa Mesa; total annual savings; and user savings per year. She addressed the Water District's alleged lack of fiscal responsibility, and presented solutions, such as reducing the number of department leaders, and reducing the salaries of the remaining leaders. She reported that in 1982, the. estimated cost to build Reservoir No. 2 had been $6.5 million; however, over $25 million was the actual cost. She alleged various other flagrant misuse of public funds. Mrs. Somers stressed that merging with the City would be of tremendous benefit for the j Water District's reorganization and reduction of administrative costs. Dorothy Adams, 220 Amherst Road, Costa Mesa, supported the proposed consolidation, comparing the cost of Costa Mesa's water to that of other cities. i Trudy Ohlig, 3080 Johnson Avenue, Costa Mesa, President of the Mesa Consolidated Water District Board, addressed the six points presented by the Coalition at the Council Study Session: (1) Mesa Consolidated Water District is a small organization which is closer to the citizens of Costa Mesa creating local accountability, and the Pringle bill (Assembly Bill 2109) will create a large, nonrepresentative government organization; (2) the Board of Directors and staff are looking toward the future and demonstrate a high level of fiscal responsibility; (3) they provide high quality water; (4) they always provide any and all information requested by 1 the residents in the community; (5) the District's employees number 65 with one person employed for 35 years, four persons for 30 years, one for 25 years, two for 20 twenty years, ten for 15 years, and twelve for 10 years; and. (6) Mesa Consolidated is in the middle of the list of comparative rates for other cities, and rates are calculated on current and future demands. William Kuhn, 1056 El Camino Drive, Costa Mesa, felt that personal power achieved by the management of the Water District, as well as by the Board of Directors, has corrupted some of their activities. He commented that the District had great integrity in the past, but it has declined. Charles Markel, 230 East 17th Street, Suite 118, Costa Mesa, observed that Mesa Consolidated provides a unique service to the j community, and have been very prudent in the past. He believed that overall, the District is very ethical and operates competitively. Margaret Rutledge, Manager of Finance for Mesa Consolidated Water District, illustrating her points with overhead visuals, stated that the mission statement of Mesa Consolidated Water District is to, "serve our customers through efficient management and distribution of a sufficient supply of quality water at a fair cost." She listed their objectives as being reliability of service, high quality of water, customer service, and fair rates. She provided a brief history of water service in Costa Mesa, and reported that the special purpose district structure allows the District to focus on supplying water undistracted by any other responsibility and requires full account- ability to those served. Zac Sidawi, 2859 Drake Avenue, Costa Mesa, reported that he had participated in many activities with the District over the last 15 years, and thought that their staff encouraged citizen involvement in the District's activities and that they were willing and eager to keep the residents of Costa Mesa informed. He commented that as a water consumer in Costa Mesa, he felt that they provide an excellent product and service at a reasonable price. Janet Remington, 1164 Boise Way, Costa Mesa, supported the Coalition's position, and expressed her desire that the City consider, or at least study, the proposed consolidation of the District. She complained that the District Board meetings are not well run, with little deliberation; and their decisions are questionable. Mike Healey, 2144 Iris Place, Costa Mesa, member of the District's Board but speaking as a citizen, remarked that serious allegations have been made against the District by persons professing to represent the best interest of the citizens of Costa Mesa, but he believed that these well -intended, respectable residents may be using the District as a springboard to advance their own political careers. He commented that the employees of the District support the aforementioned mission statement, and asked for. serious investigation before acting on this matter. Agnes Dubberly, 110 The Masters Circle, Costa Mesa, explained her involvement with the Coalition, stating that her home is in the Santa Ana Heights Water District and her primary objective has been to obtain a copy of the Memorandum of Understanding which she has not yet received. She supported the consolidation concept, extending it to include the Santa Ana Heights Water District, to encourage responsibility on the District's part. Neil Horgan, 2827 Nevis Circle, Costa Mesa, supported the District's remaining a separate entity, stating that an experienced Board is required to handle the deterioration of the Sacramento Delta which will impact the water and water rates. Nancy Palme, 1.997 Kornat Drive, Costa Mesa, criticized the District for obscuring the public's view of the true financial picture, and condemned them for being grossly overpaid and overstaffed. She reported that comparable Districts throughout the nation operate at half the staff and one-third the cost. Heather Somers, 427 East 17th Street, Suite 307, Costa Mesa, rebutted some of the previous speaker's statements as follows: the charts presented earlier were used to illustrate the benefits that could be gained by further reduction of rates; the District did not lose money in the Orange County bankruptcy because they did not make any major investments; any request for information from the District required a public request form, and ten days was the standard time before documents were delivered; and the request to take over the District is due not only to its bad financial management but also because the day of special districts in California is drawing to a close. 127 i MOTION Declined to Investi- gate City/Water District Consoli- dation RECESS Mayor Pro Tem Buffa indicated that his interest in consolidation was derived from an interest in a reduction of rates for the citizens, but felt that the rates were about where they should be. He observed that the District enjoys a solid reputation, and commented favorably on the quality of the water. He complimented the Coalition for obtaining the District's attention, and noted that there were still some problems that needed to be addressed. He did not condone the proposed merger with the City, stating that the system would be too laborious. Council Member Genis expressed an interest in the consolidation; however, was not prepared to spend $100,000.00 on a study, and was apprehensive concerning the effect on the City of the $41 million debt owed by the District. The City Manager clarified that the study would cost up to $100,000.00, depending upon the level of detail. Council Member Monahan also preferred not spending monies on a study, and agreed that the District maintained a good reputation, delivering a good product. He pointed out to the Coalition that since the District's board is an elected body, those interested in change could run for a seat on the board, suggesting that they work with the District instead of pursuing _ consolidation. Council Member Hornbuckle proposed that the City Manager and the Manager of the Water District explore possibilities to jointly create savings for ratepayers and taxpayers. A motion was made by Council Member Hornbuckle, seconded by Mayor Pro Tem Buffa, and carried 5-0, not to investigate a merger of Mesa Consolidated Water District and the City, and directing the City Manager to work with the Mesa Consolidated Water District, Santa Ana Heights Water District, and the Costa Mesa Sanitary District on savings for ratepayers and taxpayers. Mayor Erickson suggested monitoring developments in Sacramento regarding water service and special districts. Council Member Genis wanted to ensure that this item is not totally removed from the sphere of discussion, but merely put on the "back burner" while observing the developments in Sacramento. The Mayor declared a recess at 9:00 p.m., and reconvened the meeting at 9:15 p.m. NEW BUSINESS The Deputy City Clerk presented a request from the Kiwanis Club Request for Waiver to waive fees for use of the Costa Mesa Room, Neighborhood of Fees from Kiwanis Community Center, on April 14, 1996. A communication was received from Charles Markel, 234 East 17th Street, Suite 118, Costa Mesa, submitting the Kiwanis Club's Service Budget for 1995 showing how the money goes back into the community. The Recreation Superintendent summarized the Agenda Report dated February 6, 1996, reporting that the function at hand would be the 31st Annual Orange County All-Star High School Basketball pre- game banquet. Charles Markel explained that he had not intended to request a full waiver of the fee, only a reduction. He stated that this is a major fund raiser, and reported on the monies distributed throughout the community. MOTION On motion by Council Member Hornbuckle, seconded by Council Waiver Denied Member Genis, and carried 3-2, Council Members Buffa and Monahan voting no, the request for waiver of fees was denied. 129 Mayor Pro Tem Buffa opposed the motion and suggested investiga- ting alternatives, such as making provisions for rooms not in use. Council Member Genis pointed out that the full room rate is not charged to nonprofit organizations, and felt that the money the Kiwanis saved on the room would possibly be donated to groups that the City would decline to fund directly. Council Member Monahan opposed the motion- and supported the notion of allowing them to use a dormant room. Council Member Hornbuckle ascertained from the Recreation Superintendent that staff is required to be in attendance when the building is occupied, even if the rooms are gratis. NEW BUSINESS The Deputy City Clerk presented a resolution opposing Measure "S" Resolution Opposing on the ballot for the Primary Election to be held March 26, 1996, Measure S which would repeal previously approved Measure "A", allowing for a commercial airport at the El Toro Marine Corps Air Station. The Assistant to the City Manager summarized the Agenda Report dated February 8, 1996. Bert Hack, Post Office Box 943, El Toro, member of Taxpayers for Responsible Planning, stated that Measure S does not preclude an airport, at El Toro Marine Corps Air Station but asks for "highest and best use". He noted that in the event that highest and best use is an airport, the people of Orange County would decide the matter by vote. He reviewed the background and relevance of this measure. Janet Remington, 1164 Boise Way, Costa Mesa, felt that the presentation on this item had been one sided, and asked that Council reserve judgement until both sides are presented. Nancy Palme, 1997 Kornat Drive, Costa Mesa, urged Council to adopt the resolution opposing Measure "S". She supported the construction of an additional airport in the county to handle the air transportation over the coming years. A question and answer period ensued. Council Member Genis had questions regarding the resolution but did not want staff to spend their time investigating the issue. Council Member Monahan felt that this matter is important to the City because of its proximity to John Wayne Airport. MOTION On motion by Council Member Monahan, seconded by Mayor Pro Adopted Resolution Tem Buffa, and carried 4-1, Council Member Genis voting no, 96-18 Resolution 96-18, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,. CALIFORNIA, OPPOSING MEASURE "S" ON THE BALLOT FOR THE PRIMARY ELECTION TO BE HELD MARCH 26, 1996, was adopted. Council Member Genis opposed the motion because she questioned the right of an elected body to direct its citizens on how to vote. She commented that she would like to see another airport built in Orange County; however, she supported the measure and opposed the resolution. Council Member Hornbuckle supported the motion because she felt that citizens looked to Council for .direction in matters which directly affect the City. Mayor P. ro -Tem . Buffa supported the motion because of the need to prcceed with Measure "A", which was the choice of the voters. NEW BUSINESS The Deputy City Clerk presented a request for determination of Determination on a i public convenience and necessity from Richard Penjoyan, Growers Beer and Wine Ranch Produce, 2016 Newport Boulevard, Costa Mesa, in License for Growers conjunction with obtaining a Type 20 off -sale beer and wine Ranch Produce, alcoholic beverage license. The Deputy City Manager/Development Penjoyan Services reviewed the Agenda Report dated February 20, 1996, noting that the store is located in an area which does not have a high crime rate nor does it have an overconcentration of alcoholic beverage licenses. Richard Penjoyan responded to a question from the Mayor by stating that the ABC license would be new, not a transfer. MOTION/Finding of ( A motion was made by Council Member Monahan, seconded by Public Convenience Mayor Pro Tem Buffa, and carried 5-0, to make a finding of public and Necessity Made convenience and necessity for the Type 20 off -sale beer and wine for Growers Ranch alcoholic beverage license for Richard Penjoyan, Growers Ranch Produce Produce. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORT/Request Government Code Section 54956.8 to discuss the purchase of the for Closed Session: Monte Vista School site. The Mayor announced that closed session Monte Vista Site would be held at the conclusion of regular business. COUNCIL Mayor Erickson asked for Council, direction regarding the reprinting COMMENTS/Child of the Child Care Directory which had been discussed at the Child Care Committee Care Committee's meeting the previous week. He reported that money had been budgeted to reprint the existing directory which is several years old and out of date. The Mayor advanced the Committee's disinclination to reprint the old directory, and Council declined to discuss -the matter as it was not on the agenda nor otherwise posted. The City Manager suggested that since the money had been budgeted, and since he can approve a budget item, that an update be authorized within the budgeted amount allocated. The Mayor asked for a short report on the aforementioned idea. ADJOURNMENT TO CLOSED SESSION MEETING RECONVENED Directions Given for Monte Vista Site ADJOURNMENT At 10:05 p.m., the Mayor adjourned the meeting to a closed session in first floor Conference Room C to discuss the item previously announced by the City Attorney. The Mayor reconvened the meeting at 10:15 p.m., and the action taken during closed session was announced. Regarding purchase of the Monte Vista School site, the City Manager was given direction but no action was taken. The Mayor declared the meeting adjourned at 10:20 p.m. 11 �, C - e_ 4�� - May�rj of the City of Costa Mesa ATTEST: T. Deputy City Oerk of the City of Costa Mesa