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HomeMy WebLinkAbout03/04/1996 - City Council• 4• REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA MARCH 4, 1996 The City Council of the City of Costa Mesa, California, met in regular session March 4, 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 a flag presentation and the Pledge of Allegiance led by Girl Scouts representing troops throughout Costa Mesa, and invocation by Father Bruce Patterson, St. John the Baptist 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 Assistant City Attorney Jerry Scheer Deputy City Manager/Development Services Donald Lamm Public Services Director William Morris Community Services Director Keith Van Holt Police Sergeant Tom Boylan Assistant to the City Manager Ann Gyben Deputy City Clerk Mary Elliott MINUTES On motion by Mayor Pro Tem Buffa, seconded by Council Member February 20, 1996 Hornbuckle, and carried 5-0, the minutes of the regular meeting of February 20, 1996, were approved as distributed. ORDINANCES AND A motion was made by Mayor Pro Tem Buffa, seconded by Council RESOLUTIONS Member Genis, and carried 5-0, to read all ordinances and resolutions by title only. NEIGHBORHOOD Council Member Monahan expressed thanks to Barbara, Manager of WATCH PROGRAM the Pinecreek Apartments on Adams Avenue, for hosting the February 20, 1996, Neighborhood Watch Meeting. PRESENTATION Arlene Schafer, 292 Bucknell Road, Costa Mesa, announced that Mesa Pride Essay due to unforeseen circumstances, Charles Markel was unable to and Drawing Contest make the presentation to the 1996 Mesa Pride Essay and Drawing Winners Contest Winners. Mayor Erickson assured Mrs. Schaefer that the presentation could be rescheduled. PRESENTATION Mayor Erickson announced that March 9 through 16, 1996, is Girls Scouts Week National Girl Scout Week, and presented a letter of commendation to Sandi Kjar, 2066 Goldeneye Place, Costa Mesa, Girl Scout Service Unit Manager for Costa Mesa. Ms. Kjar reported that the Girl Scouts, in conjunction with the Salvation Army, will conduct a clothing drive commencing on March 9, 1996, and she presented several boxes of Girl Scout cookies to Council. 132 PRESENTATION Hieu;Ho, 3000 Cleveland Avenue, Costa Mesa, representing Costa Costa Mesa High Mesa High School, reported the following: the recent Blood Drive School Report ;was successful, and another is scheduled for May 9; over 200 students attended the Winter Dance; the recently concluded Inter- national Week offered a multitude of cultural assemblies; the Sadie Hawkins Day dance will be held on March 30, hosted by the senior class; "Battle of the Sexes" week will occur at the end of March; ;and the Key Club is working on the March Madness project which 'involves dedicating at least 1,000 volunteer hours to the community, ;and also sponsoring a drawing contest March 4-18 for the 'elementary schools to promote community service at a young age. ORAL COMMUNI- Dorothy Adams, 220 Amherst Road, Costa Mesa, commented on CATIONS correspondence received from the Alcoholic Beverage Control ABC Licenses '(ABC) which affirms -a moratorium on alcoholic beverage licenses -in Costa Mesa. She objected to the sale of liquor by mini -mart stores located in service stations. Nancy Palme, 1997 Kornat Drive, Costa Mesa, observed that 'confusion exists regarding liquor licenses and asked for clarification. 'The Deputy City Manager/Development Services reviewed the City's ,policy,, noting that a moratorium exists in areas which have an overconcentration of licenses and in high crime areas. He reported 'that a moratorium does not exist on new licenses for bona fide eating Shooting Incident 'establishments. Mrs. Palme.gave an update on a shooting incident on which she had ' reported at the February 20, 1996, Council meeting. 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: Patricia K. Cameron; Robert W. Duff; Anthony Fondots; Sharon Jo Hayward; Donald and Beverly Heberden; Joseph R. Milligan; Leonard Pulizzi; and Danny Rodriguez. BUSINESS PERMITS ; Notice of Intention to Appeal or Solicit for Charitable Purpose from Approved Permit for Teen Challenge of Southern California, 10125 California Avenue, Teen Challenge South Gate, by selling tickets door-to-door and in front of stores from March 5, 1996, to March 5, 1997, for a pancake breakfast and chicken dinner, was approved pursuant to Municipal Code Section 9-229, subject to conditions. Approved Permit for 'Notice of Intention to Appeal or Solicit for Charitable Purpose from All-American Boys All-American Boys Chorus, Orange County Fairgrounds, 88 Fair Chorus Drive, Costa Mesa, by soliciting door-to-door from March 5 through March 23, 1996, for Jog -A -Thou pledges, ;was approved pursuant to 'Municipal Code Section 9-229. WARRANTS ; Warrant Resolution 1618, funding City operating expenses in the. Approved Warrant amount of $1,224,865.76; and Payroll 9603 for $1,310,594.43, were 1618; Payroll 9603 approved. REJECTED CLAIMS The following claims were rejected: Buckley Bill and Judith Buckley (reimbursement of vehicle tow fees). Gaulrapp Maureen Gaulrapp (reimbursement of vehicle tow/storage fees and loss of property). Pokorni Don Pokorni (reimbursement of vehicle tow fees). Roberts David Roberts (reimbursement of vehicle tow fees). Suitor Flora Annette Suitor (alleged faulty traffic signal caused vehicle collision). Suitor Monique Suitor, a minor (alleged faulty traffic signal caused vehicle collision). ADMINISTRATIVE Demolition of Existing Tot Lot Equipment and Installation of New ACTIONS Tot Lot and Handicap Access at Harper, Heller, Jordan, Lions, Accepted Work by Paularino, Shiffer, and Suburbia Parks, Phase II, was completed to Ryco Construction the satisfaction of -,, Community Services Director by Ryco for Tot Lot Equip- Construction Company, Inc., Post Office Box 327, Gardena. The ment Replacement and work was accepted; the Deputy City Clerk was authorized to file a Handicap Access, Notice of Completion; authorization was given to release retention Phase II 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. Approved Final Map The Final Map was approved for Tract 15211, 11.34 acres, 81 lots for Tract 15211; and Lot "A", located at 3100 Bear Street, and the Deputy City Clerk Approved Subdivision was authorized to sign said map on behalf of the City; and the Agreement with Subdivision Agreement with Polygon South Coast Associates, a Polygon South Coast Washington limited partnership, 15751 Rockfield Boulevard, Suite Associates 120, Irvine, was approved, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Accepted Work by Corporation Yard Storm Drain and Paving, Project No. 95-08, was Sequel Contractors completed to the satisfaction of the Public Services Director on for Corporation Yard February 9, 1996, by Sequel Contractors, Inc., 5052 Cecelia Street, Storm Drain and South Gate. The work was accepted; the Deputy City Clerk was Paving, Project No. authorized to file a Notice of Completion; authorization was given 95-08 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, pending approval by the State Department of Industrial Relations. Accepted Work by Fairview Road Northbound Off -ramp Terminus; and South Coast Griffith Company for Drive and Fairview Road Northbound Link Off -ramps, Project No. Fairview Off -ramp 93-11 A and B, Federal and ISTEA No. STPLN-5312(008), were and South Coast/ completed to the satisfaction of the Public Services Director on Fairview Link Off- February 2, 1996, by Griffith Company, 2020 South Yale Street, ramps, Project No. Santa Ana. The work was accepted; the Deputy City Clerk was 93-11 A & B authorized to file a Notice of Completion; authorization was given to release retention funds 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months there -after; and the Perfor- mance Bond was ordered exonerated 12 months thereafter. Acquisitions for The following action was taken regarding Right -of -Way Acquisitions Harbor/AdamsProject for the Harbor Boulevard/Adams Avenue Widening Project: Approved Agreement "Purchase Agreement and Escrow Instructions" to acquire to Acquire Segerstrom property at 1545 Adams Avenue and 2701 Harbor Boulevard from Property -1545 Adams C. J. Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, and 2701 Harbor was approved, and the Public Services Director was authorized to sign on behalf of the City. Mrs I Approved Agreement "Purchase Agreement and Escrow Instructions" to acquire to Acquire Sparks property at 1500 Adams Avenue from Sparks Enterprises, 1500 Property -1500 Adams Adams Avenue, Suite 300, Costa Mesa; was approved, and the Public Services Director was authorized to sign on behalf of the City. Approved Agreement "Purchase Agreement and Escrow Instructions" to acquire right -of - to Acquire Segerstrom way at 2970 and 3010 Harbor Boulevard from C. J. Segerstrom and Property -2970 and Sons, 3315 Fairview Road, Costa Mesa, for the Harbor Boulevard 3010 Harbor widening from Dale Way to Date Place, was approved, and the Pub- lic Services Director was authorized to 'sign on behalf of the City. Approved Agreement Professional services agreement with Jess L. McMartin, 18627 with Jess McMartin Brookhurst Street, Suite 212, Fountain Valley, for $9,100.00, to for Photo Services provide an aerial photographic atlas of the City of Costa Mesa, was approved, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued PA -96-09, Newport- from the meeting of February 5, 1996, to consider Planning Action Mesa Unified School PA -96-09, City of Costa Mesa, authorized agent for Newport -Mesa District/Costa Mesa Unified School District, to establish a 'Master Plan for the Costa High School Farm- Mesa High School farm site, 2650 Fairview Road, to provide two land; and Amendment lighted soccer fields, three lighted basketball courts, additional to Site Specific parking area, and to relocate an existing football field and track and Agreement No. 1 field facilities, in an I & R zone. Environmental Determination: Negative Declaration. Amendment to Site Specific Agreement No. 1 with Newport -Mesa Unified School District and 32nd District Agricultural Association, to develop athletic fields on the Costa Mesa High School farm site. Communications were received from W. H. Hartloff, 2743 Lorenzo Street, Costa Mesa, supporting a "sports complex" at the site; and James F. Ure, 1163 Salvador Street, Costa Mesa, alleging that the Negative Declaration is not acceptable, and favoring development of sports fields as long as consideration of the residents is a factor. The Deputy City Manager outlined the Agenda Report dated February 26, 1996, illustrating his comments with an overview of the property. The Director of Community Services listed the components of the proposed 14 -acre sports complex, adding that the facility would be maintained by the City, including setting and monitoring of lights and irrigation controls, overseeing facility use, and providing weekend and holiday custodial services. Roy Andreen, 2769 Cibola Avenue, Costa Mesa, President of the Mesa del Mar Homeowners Association, commented that their Board of Directors support a sports development at this site. He enumerated the following concerns which he felt were not adequately addressed in the Negative Declaration: the marked increase in sound when the soccer fields are in play; an -extreme drainage problem which has existed for 30 years; the lighted basketball court which will be an unsupervised, unscheduled facility; the control of parking lot access; and the question of band practice on the football field. Chris Sarris, 2011 Baltra Place, Costa Mesa, supported the facility, and asked Council to approve it in concept. 1 135 Michael McGuire, 3104 McKinley Way, Costa Mesa, President of the Costa Mesa American Little League, felt that the construction of this sports complex is a unique opportunity for the City to provide recreational facilities for its youth, and thought that Mr. Andreen's concerns could be addressed in the process. Ed Keane, 2777 ° Lorenzo Avenue, Costa Mesa, addressed three issues: the fact that the property will revert to the original owner if it, is not used as an educational facility for 4-H and farmers; supervision of the sports facility; and the possibility of the property being used to construct homes. The City Manager responded to Mr. Keane's concern regarding the property reverting to the original owner by stating that the matter is being researched in detail, and the results will be reported to Council, the residents, and the School District. Later in the discussion, Mr. Keane asked how much of the growth projected for the school district is actually in the Newport Coast area where` there are plans for the construction of new schools. He implored Council not to be swayed by statistics. Susan McGuire, 3104 McKinley Way, Costa Mesa, urged Council to approve the sports facility. She opposed the property being used for housing since this would aggravate the over -crowded condition in the local schools. Gay Geiser -Sandoval, 3408 Geranium Street, Costa Mesa, spoke in support of the proposed complex. Ed Decker, 1883 Rhodes Drive, Costa Mesa, member of the Newport -Mesa Unified School District Board of Education, speaking as a citizen, clarified that the Board took two actions at its meeting on Tuesday, February 26, 1996: the motion to satisfy the matter indefinitely was defeated; and the motion to begin the process of establishing the farm property as surplus was defeated. He commented that the City's proposal is very attractive, and explained the School Superintendent's recommendation to reconsider declaring the site surplus property. Mr. Decker addressed his prevailing concern which is a dramatic increase in enrollment in future years. Ed Baume, 263 Bowling Green Drive, Costa Mesa, urged Council to assume leadership of this project. He opposed construction of houses on the property. Becky Martin, 2755 Lorenzo Avenue, Costa Mesa, expressed concern that the proposed track and field facility will be located only 75 feet from surrounding homes. She felt that the City should thoroughly investigate the type of tree to be used as a buffer against noise in order to preclude the total shading of residential yards. Gay Royer, 525 Victoria Street, Costa Mesa, President of the Costa Mesa High School Alumni Association, supported the proposed sports complex. Robert Graham, 3252 Dakota Avenue, Costa Mesa, observed that the School Board is selling properties because of a recent $47 million stock market loss, and voiced his opinion that their decision- making processes are questionable. Heather Somers, 427 East 17th Street, Suite 307, Costa Mesa, encouraged Council to approve this proposal in concept. She suggested forming an ad hoc committee to determine the best usage of this land. 1.36 Nancy Palme, 1997 Kornat Drive, Costa Mesa, stated for the record that the Mesa Verde Homeowners Association has consistently supported the development of an athletic complex in the City, specifically at the farm site because it is centrally located and would benefit all members of the community. There being no other speakers, the Mayor closed the public hearing MOTION A motion was made by Council Member Genis, seconded by Mayor Approved in Concept Pro Tem Buffa, and carried 5-0, to approve in concept only, the plan outlined for Planning Action PA -96-09 and the Amendment to Site Specific Agreement No. 1, with the proviso that should the School District be interested in moving forward with the project, the City will reexamine noise and other issues raised by the adjacent residents. Council Member Hornbuckle noted that this item had been approved in concept a year ago. The City Manager explained that the current plan has been revised substantially, an agreement has been added, and the proposal is predicated upon developing a method to lease the site. Council Member Genis stated that the School District should be made aware of the City's concern about having a football field located 70 to 90 feet from existing homes. Council Member Monahan predicated his vote on the fact that Council definitely supports the construction of athletic fields. PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued Condemnation of from the meeting of February 20, 1996, to consider a resolution 1503 South Coast finding and determining that the public interest and necessity require Drive acquisition by eminent domain of certain real property at 1503 South Coast Drive for public use, and authorizing and directing condemnation. Property owner: Connecticut General Life Insurance Company, 900 Cottage Grove Road, Hartford, Connecticut. The Public Services Director reviewed the Agenda Report dated February 13, 1996. Nancy Palme, 1997 Kornat Drive, Costa Mesa, asked for clarifi- cation on the location of the property being condemned. The Public Services Director responded that the property is located on the southwest corner of the Harbor Boulevard and South Coast Drive intersection. Mrs. Palme then asked if the purpose of the project is to allow direct access to the northbound I-405 freeway from South Coast Drive. The Director answered that the purpose is to allow improved access for southbound Harbor Boulevard traffic to the southbound I-405. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Adopted Resolution Genis, and carried 5-0, Resolution 96-19, A RESOLUTION OF 96-19 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY IN FEE, FOR STREET WIDENING, A PUBLIC PURPOSE, OF HARBOR BOULEVARD AND SOUTH COAST DRIVE, BETWEEN I-405 AND 500 FEET NORTH OF SOUTH COAST DRIVE, was adopted. 137 PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Condemnations for set for the public hearing to consider resolutions finding and Harbor Boulevard/ determining that the public interest and necessity require acquisition Baker Street by eminent domain of certain real properties (listed below) for Widening public use, and authorizing and directing condemnation for the Harbor Boulevard/Baker Street widening project: 2947 Harbor Boulevard, owner, Saffell and McAdam; 3005 Harbor Boulevard, owner, Goodyear Tire and Rubber Company; 2975 and 2983 Harbor Boulevard, owner, Sammara Development Company; and 3095, 3105, 3115, and 3125 Harbor Boulevard, owner, Harbor Mesa Trust. Notices of the hearing were sent to property owners as required by law. No communications were received. The Public Services Director summarized his Agenda Report dated February27, 1996. There being no speakers, the Mayor closed the public hearing. MOTION On motion by,Mayor Pro Tem Buffa, seconded by Council Member Adopted Resolutions Genis, and carried 5-0, the following resolutions were adopted: 96-20, 96-21, 96-22, and 96-23 Resolution 96-20, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY IN FEE, FOR STREET WIDENING, A PUBLIC PURPOSE, OF HARBOR BOULEVARD BETWEEN DALE WAY AND DATE PLACE, in connection with property at 2947 Harbor Boulevard. Resolution 96-21, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY IN FEE, FOR STREET WIDENING, A PUBLIC PURPOSE, OF HARBOR BOULEVARD BETWEEN DALE WAY AND DATE PLACE, in connection with property at 3005 Harbor Boulevard. Resolution 96-22, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY IN FEE, FOR STREET WIDENING, A PUBLIC PURPOSE, OF HARBOR BOULEVARD BETWEEN DALE WAY AND DATE PLACE, in connection with property at 2975 and 2983 Harbor Boulevard. Resolution 96-23, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING AND DETERMINING THAT ,THE PUBLIC INTEREST AND NECESSITY REQUIRE THE. ACQUISITION OF CERTAIN REAL PROPERTY IN FEE, FOR STREET WIDENING, A PUBLIC PURPOSE, OF HARBOR BOULEVARD BETWEEN DALE WAY AND DATE PLACE, in connection with property at 3095, 3105, 3115, and 3125 Harbor Boulevard. Council Member Genis suggested meeting with business owners in this area in order to determine means to facilitate access during construction with a minimum of disruption. Mayor Pro Tem Buffa stated that the aforementioned consideration was actually part of the construction management contract. The Public Services Director 138 r confirmed that community meetings will be held so that the property owners can air their concerns. Council Member Genis asked that business tenants, as well as property owners, be included. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Vacation of Reserva set for the public hearing to consider a' resolution ordering the tion Easement, Berry vacation of a reservation easement for public utilities in Lot 1, Block Tract C, Berry Tract (northeast corner of Paularino Avenue and Bear Street). The Affidavits of Mailing and Publishing are on file in the City Clerk's office. No communications were received. The Public Services Director reviewed the Agenda Report dated February 22, 1996. There being no speakers, the Mayor closed the public hearing. MOTION 'On motion by Council Member Hornbuckle, seconded by Council Adopted Resolution Member Genis, and carried 5-0, , Resolution 96-24, A 96-24 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ;COSTA MESA, CALIFORNIA, ORDERING THE VACATION OF 'A RESERVATION EASEMENT FOR PUBLIC UTILITIES IN LOT 19 BLOCK C, BERRY TRACT, was adopted. PUBLIC HEARING ,The Deputy City Clerk announced that this was the time and. place Rates for Tumbling 'set for the public hearing to consider a resolution establishing and and Gymnastic 'adopting schedules of rates for the Tumbling and Gymnastics Classes Instructional Class offered by the Community Services Department. The Affidavit of Publishing is on file in the City Clerk's office. No ;communications were received. MOTION/Referred :On motion by Mayor Pro Tem Buffa, seconded by Council Member to March 11, 1996, Genis, and carried 5-0, the public hearing was referred to the March Study Session 11, 1996, Study Session. OLD BUSINESS ;The Deputy City Clerk presented the request for a Council Policy to Waiver of Fees for Iwaive fees for use of City facilities by other governmental agencies. Use of City ;The Community Services Director summarized the Agenda Report Facilities dated February 23, 1996. MOTION A motion was made by Council Member Hornbuckle, seconded by Policy Approved ;Mayor Pro Tem Buffa, and carried 5-0, to approve the policy, 'adding to Procedure Item No. 3: "use of the facility is subject to space availability". OLD BUSINESS Deputy City Clerk presented a revised draft policy and Donations to City ;The :suggested criteria for acceptance and recognition of donations to City Parks ;parks and public facilities: The Community Services Director reviewed the Agenda Report dated February 26, 1996. MOTION .'On motion by Council Member Hornbuckle, seconded by Council Approved Draft 'Member Genis, and carried 5-0, the revised draft policy was Policy :approved. OLD BUSINESS The Deputy City Clerk presented the funding and construction Mesa Verde Villas � agreement with Mesa Verde Villas Homeowners Association, to Block Wall construct a block wall between Mesa Verde Villas and California Elementary School. The Community Services Director outlined the Agenda Report dated February 22, 1996. Don Schoorman, 1630 Iowa Street, No. C; Costa Mesa, President of the Mesa Verde Villas Homeowners Association Board of Directors, stated that the Association supported .Option 1, the six- foot high masonry wall, which is the most cost effective. Vicki Moore, 1639 Iowa Street, No. D, Costa Mesa, asked if all three options were agreeable to the City. The Community Services Director replied that he did have reservations about the five-foot high masonry wall with one foot of clear Lexan because the Lexan tends to scratch, must be washed on a regular basis, and melts when heated. Ms. Moore explained that she is investigating the possibility of using wrought iron for the top of the wall. MOTION A motion was made by Mayor Pro Tem Buffa, seconded by Council Approved Agreement Member Monahan, and carried 5-0, to approve the agreement and authorize the Mayor and Deputy City Clerk to sign on behalf of the City, and to approve the City's cost participation shown in Option 1, and staff was directed to work with the Association in selecting a design acceptable to the homeowners and which meets the require- ments of the City's Building Code. OLD BUSINESS The Deputy City.Clerk presented a request for modifications to the Traffic Lane Striping existing traffic lane striping on Broadway, including replacement of on Broadway the existing two-way left turn lane with a double yellow centerline between Fullerton Avenue and the alley located approximately 200 feet east of Newport Boulevard. The Public Services Director reviewed the Agenda Report dated February 23, 1996, stating that staff did not support installation of a bicycle lane on Broadway, and recommended posting the portion of Broadway from Fullerton Avenue to Newport Boulevard with a "bike route" sign. MOTION On motion by Council Member Monahan, seconded by Council Approved Request Member Hornbuckle, and carried 5-0, the modifications were approved. OLD BUSINESS The Deputy City Clerk presented a professional services agreement Agreement with with Community Services Program (CSP), Inc., 16842 Von Karman CSP for Youth Avenue, Suite 425, Irvine, in an amount not to exceed $7,000.00, Counseling to provide counseling, diversion, and restitution services for juveniles referred to the Youth Services Program at the Costa Mesa Police Department. The Police Sergeant summarized the Agenda Report dated February 26, 1996, noting that the Police Department is requesting $15,000 for this program in the 1996-97 City budget, and CSP is applying for Community Development Block Grant (CDBG) funds. MOTION On motion by Council Member Hornbuckle, seconded by Council Approved Agreement Member Monahan, and carried 5-0, the agreement was approved, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. NEW BUSINESS The Deputy City Clerk presented the Orange County Division, Measure T, County League of California Cities Resolution 4-96, supporting Measure T Charter; and Measure which would implement a County Charter; and League Resolution U, -Expansion of the 5-96, opposing Measure U which would expand the Board of Board of Supervisors Supervisors from five to nine members. Both measures appear on the ballot for , the March 26, 1996, Primary Election. A communication was received from Concerned Citizens Charter Committee, No on T, opposing Measure T. The Assistant to the City Manager summarized the Agenda Report dated February 26, 1996. Council Member Monahan reported that the public relations firm for the Concerned Citizens Charter Committee erroneously listed him as a respondent for Measure T, and clarified that he is definitely opposed to the measure. 139 t The following persons spoke in opposition to Measure T: Alan Remington, 1164 Boise Way, Costa Mesa; Bill Ward, 273 Hanover Drive, Costa Mesa; Heather Somers, 427 East 17th Street, Suite 307, Costa Mesa; Jim Rems, 17628 Jordan Avenue, No. 33A, Irvine ,(who also spoke in opposition to Measure U); Janet Remington, 1164 Boise Way, Costa Mesa; and Tom Rogers, 29361 Spotted Bull Way, San Juan Capistrano. Council Member Genis, a member of the Charter Commission, reported that only 16 members of the original 37 supported the charter. She summarized the charter by explaining that it provides for a nine -member Board of Supervisors; provides for a strong County Executive Officer (CEO) appointed by the Board, who could be ceded a great deal of the power currently vested in elected officials; certain offices which are now elected, such as the ,Treasurer, County Clerk, and Public Administrator would then be appointed by the CEO; and the Auditor would be appointed by the Board. She aired her views on the events of the Charter Commission meetings. She objected to Measures T and U stating that they are an attempt to direct citizens on how to vote which indicates a contempt for the populous. MOTION A motion was made by Council Member Genis, seconded by Mayor Opposed Measure T Pro Tem Buffa, and carried 5-0, to oppose Orange County Division, League of California Cities Resolution 4-96 which supports Measure T. Council Member Hornbuckle considered it important for Council to take a formal position on League resolutions. Mayor Pro Tem Buffa indicated that a wide -spread discontent regarding Measure T was observed in other City Council members and private citizens. MOTION A motion was made by Mayor Pro Tem Buffa, seconded by Council Opposed Measure U Member Hornbuckle, to support Orange County Division, League of California Cities Resolution 5-96 which opposes Measure U. Council Member Genis explained that originally the League's .Orange County Division had supported expanding the Board of Directors to nine members, and explained the rationale at that time. Council Member Hornbuckle clarified that traditionally the Division's position had been in support of increasing the number of Board Members, contingent upon the positions being part time. Council Member Monahan opposed the motion because he did not support taking a position on Resolution 5-96, and had not determined whether five or nine members would be the best number for the Board. Substitute Motion A substitute motion was made by Council Member Monahan not to Not to Take a take a position on Measure U, as it will not be relevant if Measure Position On Measure T fails. The substitute motion died for lack of a second. U Died The original motion carried 3-2, Council Members Genis and Monahan voting no. NEW BUSINESS The Deputy City Clerk presented requests from Women Helping Agreement with Women to amend its Rea Community Center agreement to relocate Women Helping" from Room 620 to Room 650, and for a reduction in monthly lease Womenpayments. The Community Services Director summarized the Agenda Report dated January 26, 1996, noting that if this group does not receive grant funds, they will be requesting a continuing rate of $500.00 per month through the 1996-97 fiscal year. 141 Frances Hayward, Women Helping Women, 661 Hamilton Street, Costa Mesa, reported that the organization is totally volunteer and they work with battered women's shelters and other shelters to assist their clients in finding jobs. She maintained that their goal is to help women become economically self-sufficient; however, the organization has grown rapidly and their space is limited. Phillip Ward, 891 Darrell Street, Costa Mesa, spoke highly of the organization, remarking that they help -women to get back on their feet through counselling, supplying new clothes and makeup, and other assistance. Scott English, 3367 Larkspur Street, Costa Mesa, asked if the rate were reduced, would the rent received cover the cost to the City. The Community Services Director responded in the negative. Mr. English objected to reducing the rate since the use of public money is involved. Jane Kearl, Women Helping Women, pointed out that the room in question has been vacant for the last 16 months, and clarified their request for a short-term, four-month lease. MOTION A motion was made by Mayor Pro Tem Buffa, seconded by Council Approved Relocation Member Monahan, and carried 5-0, to approve the relocation from and Room Rate Room 620 to Room 650 at the rate of $500.00 per month commencing immediately. Mayor Pro Tem Buffa stated that before July 1, 1996, he would expect that this organization would again approach Council with a request for an additional year extension at the $500.00 per month rate. He commented that in the meantime, staff should determine if there is any interest from other groups in using that room. Council Member Hornbuckle supported the motion because the special circumstances were allowed only through June 30, 1996, which should give the organization enough transition time to manage their budget so that they can pay the full rent, as do other nonprofit organizations. Council Member Genis supported the motion with the provision that it is just through the end of this fiscal year. She allowed that it is better to receive some -rent rather than none for the room, and felt that this group should compete for Community Development Block Grant (CDBG) funds. NEW -BUSINESS - The Deputy City Clerk presented Orange County Division, League Adult Entertainment; of California Cities Resolution 3-96, supporting passage of and Stipends to legislation to authorize cities to prohibit live, nude or topless Commissioners performances in adult entertainment/sexually oriented businesses; and League Resolution 6-96, supporting legislation to allow cities to provide nominal stipends to appointed commissioners without incurring PERS membership costs. The City Manager summarized the Agenda Report dated February,; 29, 1996. MOTION A motion was made by Council Member Hornbuckle, seconded by Supported League Council Member Monahan, and carried 5-0, to support the Orange Resolutions 3-96 and County Division, League of California Cities Resolutions 3-96 and 6-96 6-96. Council Member Genis noted for the record that she supported these resolutions which differed from the previous two League resolutions in that this involves apprising the representatives in Sacramento of Council's thoughts on these two issues, and the other resolutions. were directing the citizens on how to vote. CITY ATTORNEY'S The Assistant City Attorney requested a closed session pursuant to REPORT/Request for Government Code Section 54956.9(a) to discuss Scarcello v. City of Closed Session: i Costa Mesa, Orange County Superior Court Case No. 71-82-79. Scarcello v. City Mayor announced that closed session would be held at the conclusion of regular business. 'COUNCIL Council Member Genis addressed a problem on northbound Harbor COMMENTS Boulevard at the I-405 freeway wherein the large round dots in the Harbor Boulevard roadway which previously separated the cars approaching the Traffic Lanes southbound freeway entrance from the cars approaching the northbound entrance are no longer in place. She suggested either replacing the dots or installing signage because the situation is Speeches on Gun dangerous. Council Member Genis expressed concern regarding the Control use of Oral Communications as a platform for items that are not within the control of the City. Council. She indicated that it was uncomfortable to have repeated speeches relating to the gun control issue which is not within the City's purview. New On -Ramp ! Council Member Hornbuckle applauded the new on-ramp from the 55 freeway northbound . to the 73 freeway southbound, and congratulated City staff. Mayor Pro Tem Buffa concurred. Rotary Club Arbor Mayor Erickson thanked the Rotary Club for planting a tree at Day Tree Whittier School in honor of Arbor Day, May 7. He reported that over the past 26 years, the club has provided 78,000 trees in Costa Mesa and Newport Beach. ADJOURNMENT TO At 9:30 p.m., the Mayor adjourned the meeting to a closed session CLOSED SESSION in first floor Conference Room C to discuss the item previously announced by the Assistant City Attorney. . i MEETING ;The Mayor reconvened the meeting at 9:35 p. m., and the action RECONVENED ; taken during closed session was announced. MOTION In Scarcello v. City of Costa Mesa, Orange County Superior Court Accepted Scarcello Case No. 71-82-79, by a vote of 5-0, Council accepted plaintiff's Settlement Proposal settlement proposal as outlined in the Assistant City Attorney's confidential memorandum dated March 4; 1996. ADJOURNMENT The Mayor declared the meeting adjourned at 9:40 p.m. Mao of the City of Costa Mesa ATTEST: j. 'Deputy Cit lerk of the City of Costa Mesa