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HomeMy WebLinkAbout04/01/1996 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA APRIL 1, 1996 The City Council of the City of Costa Mesa, California, met in regular session April 1, 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 the Reverend Jerry Seiden, Harbor Christian Fellowship. ROLL CALL Council Members Present: Mayor Joe Erickson Council Member Mary Hornbuckle Council Member Sandra Genis Council Member Gary Monahan Council Members Absent: Mayor Pro Tem Peter Buffa Officials Present: City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Development Services Donald Lamm Public Services Director William Morris Community Services Director Keith Van Holt Fire Marshal Tom MacDuff Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Hornbuckle, seconded by Council March 18, 1996 Member Monahan, and carried 4-0, Mayor Pro Tem Buffa absent, the minutes of the regular meeting of March 18, 1996, were approved as distributed. ORDINANCES AND A motion was made by Council Member Genis, seconded by RESOLUTIONS Council Member Monahan, and carried 4-0, to read all ordinances and resolutions by title only. NEIGHBORHOOD Council Member Monahan referred to a newspaper article which WATCH PROGRAM indicated that the City's crime rate had decreased for the second year in a row, partially due to community involvement. He thanked the following persons for hosting the Neighborhood Watch Program meetings during the month of March: Bill and Claudene St. Clare, Walnut Street; Webster and Eunice Jones, Costa Mesa Street; Matt and Jackie Vorona, Esther Street; Bud and Allison Haley, East 19th Street; Bernice and Woody Woodward, Broadway; and Louise Houston, Flower Street. PRESENTATION Charles Markel, 121 Baywood, Newport Beach, presented the Mesa Mesa Pride Drawing Pride Ninth Annual Drawing Award, on the theme "Artwork of a and Essay Contest Horse", to Eric McArdle, Third Grade Student at Paularino School; Winners and the Ninth Annual Essay Award, on the theme "Should the Orange County Fair Grounds Keep the Horse Stables?", to Kimberly Dootson, Sixth Grade Student at Kaiser Elementary School. Mayor Erickson presented certificates of congratulations to the contest winners. Mr. Markel thanked the Fairgrounds for donating Fair tickets to the contest winners, and C.J. Segerstrom Company for providing $50.00 gift certificates to the teachers of the winning students. PRESENTATION Erin Bergman, 3233 Montana Avenue, Costa Mesa, Estancia High Estancia High School School Commissioner of Activities, reported that Estancia's golf, Report boy's basketball, and boy's soccer teams are champions of the Pacific Coast League; 16 students qualified to participate in the Drama Festival finals which were held in Fullerton on March 21; ,and on March 15, the school raised $1,700.00 by hosting a Sadie Hawkins Day dance and barbecue, with the money benefiting the girl's cheerleading squad. Ms. Bergman announced that upcoming j events include a senior faculty basketball game on April 25; "Fiesta in the House" dance on April 17; and "Bossie Bingo", a fund raiser at the end of April wherein the proceeds will fund senior grad night. ANNOUNCEMENTS I Mayor Erickson announced that requests were received to continue Weekend Code !Dorothy Adams, 220 Amherst Road, Costa Mesa, reported that Enforcement many residents on Wilson Street hold garage sales every weekend, and Code Enforcement does not respond to the messages she has left. Mayor Erickson explained that garage sales are limited to twice a year and that there are Code Enforcement officers working on weekends. The Deputy City Manager/Development Services advised Ms. Adams that Code Enforcement Officers spend the day in the field; however, a response to a message left on the hotline should be received by the following Monday. Council Member Genis suggested that the officers retrieve hotline phone messages on Saturdays. Mile Square Park Robert Graham, 3252 Dakota Avenue, Costa Mesa, showed Announcement !photographs and described a sign that the City of Fountain Valley Banner !displays at Mile Square Park illustrating the various activities that take place in the City: He suggested that this type of banner would enhance Costa Mesa. Monthly Arrest ! Ernie Feeney, 1154 Dorset Lane, Costa Mesa, gave Council copies Reports I of a memorandum dated December 11, 1995, from the City Manager regarding monthly arrests and their progression through the court system. She stated that she has not received an update of this report since December, even though the City Manager requested 1 continued preparation of this report adding one or two more the following items: Public Hearing No. 1, Planning Action PA -96- '16, and Zoning Action ZA-96-05, Mulholland/Ambassador Entertainment, for property at 1670 Newport Boulevard; and New Business No. 3(b), General Plan Amendment screening, for property at 2490 Fairview Road. ORAL COMMUNI- Charles Markel, 121 Baywood, Newport Beach, commended CATIONS/55 and i Council for the construction of the 55/73 freeway interchange 73 Freeways improvements. "Imagination j Rich Shapiro, 2515 Holly Lane, Newport Beach, Partner in Triangle Celebration" : Square, explained that he was under the impression that he could Banners reinstall the "Imagination Celebration" street banners at Triangle Square without coming to Council for approval since the same banners were approved last year. He stated that he had notified the City Manager's office of his intent and was informed that Council !would have to approve the banners again. Mr. Shapiro reported that the banners have already been installed and it would be too costly to remove them. Mayor Erickson advised Mr. Shapiro that a four-fifths vote of the Council would be required to add this item ! to the Agenda. The Mayor added that the vote would be taken after completion of Oral Communications, and if approved, the item would be heard as the last item under New Business. Weekend Code !Dorothy Adams, 220 Amherst Road, Costa Mesa, reported that Enforcement many residents on Wilson Street hold garage sales every weekend, and Code Enforcement does not respond to the messages she has left. Mayor Erickson explained that garage sales are limited to twice a year and that there are Code Enforcement officers working on weekends. The Deputy City Manager/Development Services advised Ms. Adams that Code Enforcement Officers spend the day in the field; however, a response to a message left on the hotline should be received by the following Monday. Council Member Genis suggested that the officers retrieve hotline phone messages on Saturdays. Mile Square Park Robert Graham, 3252 Dakota Avenue, Costa Mesa, showed Announcement !photographs and described a sign that the City of Fountain Valley Banner !displays at Mile Square Park illustrating the various activities that take place in the City: He suggested that this type of banner would enhance Costa Mesa. Monthly Arrest ! Ernie Feeney, 1154 Dorset Lane, Costa Mesa, gave Council copies Reports I of a memorandum dated December 11, 1995, from the City Manager regarding monthly arrests and their progression through the court system. She stated that she has not received an update of this report since December, even though the City Manager requested 1 continued preparation of this report adding one or two more categories of part one crimes. The City Manager responded that he would follow-up with the Police Department about expanding this report, and advised Mrs. Feeney that the District Attorney's office informed the City that they do not have the staff time available to investigate each case that is dismissed. Criminal Justice John Feeney, 1154 Dorset Lane, Costa Mesa, thought that police System officers are working on a treadmill if two-thirds of arrest cases are dismissed because of weak judges and District Attorneys. "Imagination Mayor Erickson announced that a vote would be taken on whether Celebration" to add to the Agenda, the request from Rich Shapiro concerning Banners installation of the "Imagination Celebration" street banners at Triangle Square. Responding to a question from the Mayor, Mr. Shapiro stated that if the motion failed to carry, the banners would be taken down and not reinstalled at a later date because it would be too costly. Motion to Add A motion was made by Council Member Monahan, seconded by Item to the Agenda Council Member Hornbuckle, to place this item on the Failed to Carry Agenda as an urgency matter. In response to a question from Council Member Hornbuckle as to why he did not make a timely request since he had been through the procedure before, Mr. Shapiro responded he was under the impression that since the same banners were approved by Council last year, he would not have to repeat the procedure again. Council Member Genis stated that she would not be supporting the motion since this issue was not an urgency matter and she .was concerned that it would be in violation of the Brown Act. The motion failed to carry 3-1, Council Member Genis voting no (a four-fifths vote was required). The City Manager suggested that this matter be scheduled for a Special Council meeting following the 6:00 p.m., Redevelopment Agency meeting on April 8, 1996. Council concurred with the recommendation. CONSENT The following item was removed from the Consent Calendar: Item CALENDAR 8, Resolution regarding a proposed annexation of properties on Tustin Avenue and on Thetford Way. MOTION/Approved On motion by Council Member Genis, seconded by Council Member Except Item 8 Monahan, and carried 4-0, the remaining Consent Calendar items were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Nancy Decker; Pacific Bell; Precision Risk Management, as .subrogee for Joel Wirth and Nancy Lamantia; and Harry Donald Sparkes. Public Utilities Notice from Southern California Edison Company that Application Commission No. 96-02-056 was filed with the Public Utilities Commission, requesting a new rate mechanism for its 15.8 percent share of Palo Verde Nuclear Generating Station Units 1, 2, and 3. WARRANTS Warrant Resolution 1620, funding City operating expenses in the Approved Warrant amount of $1,730,761.69; and Payroll 9605 for $1,328,054.45, were 1620; Payroll 9605 approved. 153 154 REJECTED CLAIMS '; The following claims were rejected: Cameron Patricia K. Cameron (loss of business due to Costa Mesa Police Department investigation). Fondots Anthony Fondots (loss of business due to Costa Mesa Police Department investigation). Grant Eugene Grant, trustee of the Grant and Ciment Trust (Housing Rehabilitation Loan* Program). Mercury Insurance Mercury Insurance Group, as subrogee for Debbie Serrano (traffic Group collision with on -duty Police unit). Walters Christina Walters (trip and fall). ADMINISTRATIVE Resolution 96-27, A RESOLUTION OF THE CITY COUNCIL OF ACTIONS/Adopted THE CITY OF COSTA MESA, CALIFORNIA, INITIATING Resolution 96-27 PROCEEDINGS FOR RENEWAL OF CITY OF COSTA MESA Initiating Land- LANDSCAPING ASSESSMENT DISTRICT NO. 1, FOR FISCAL scaping Assessment i YEAR 1996-97, located south of Sunflower Avenue and east of District No. 1 Smalley Road, was adopted. i Adopted Resolution Resolution 96-28, A RESOLUTION OF THE CITY COUNCIL OF 96-28 Initiating THE CITY OF COSTA MESA, CALIFORNIA, INITIATING Landscaping Assess- I PROCEEDINGS FOR RENEWAL OF CITY OF COSTA MESA ment District No. 2 LANDSCAPING ASSESSMENT DISTRICT NO. 2, FOR FISCAL YEAR 1996-97, located at the northwest corner of Bear Street and the Corona del Mar Freeway, was adopted. Awarded Bid Item 1 Bids received for Bid Item No. 988, Hydrogen Peroxide, are on file 988, Hydrogen in the City Clerk's office. The contract was awarded to Soco-Lynch Peroxide, to Corporation, 3270 East Washington Boulevard, Los Angeles, for an Soco-Lynch I amount not to exceed $55,000.00 per year. Approved Agreement j An agreement was approved with Norris-Repke, Inc., 600 North with Norris-Repke for ! Tustin Avenue, Suite 250, Santa Ana, for an amount not to exceed AccessibilityImprove- $17,300.00, for design and preparation of plans, specifications, and ments and Sidewalk cost estimates for construction of accessibility improvements and Installation Plans new sidewalk installation at numerous locations Citywide, and tot lot Citywide, and ADA ADA (Americans with Disabilities Act) upgrade in various parks Tot Lot Upgrade in ; throughout the City; and the Mayor and Deputy City Clerk were in Various Parks authorized to sign on behalf of the City.' 1 Awarded Newport Regarding the Newport Boulevard Roadway Widening and Overhead Boulevard Widening, Sign Installation at 19th Street and 22nd Street, Project No. 96-03, Project No. 96-03 to STPLHG-5312(011), the bid from Hillside Contractors, Inc., 10732 Griffith; Approved Chestnut Avenue, Stanton, was rejected as being nonresponsive; the Budget Adjustment ! contract was awarded to Griffith Company, 2020 South Yale Street, No. 96-49 Santa Ana, for $209,643.10; and Budget Adjustment No. 96-49, for $75,000.00 from Measure M funds, to pay for increased construc- tion and construction management costs, , was approved. Acquisitions for The following action was taken for, right-of-way purchases Fairview /Baker from C. J. Segerstrom & Sons, 3315 Fairview Road, Costa Mesa, Improvements for the Fairview Road/Baker Street Intersection Improvements: Approved Agreement 1 "Purchase Agreement and Escrow Instructions" to acquire to Acquire Chevron property on the northeast corner of Fairview Road and Baker Service Station ' Street, Assessor Parcel Number 141=141-61 (Chevron service � t % V55 station), 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 to Acquire Shopping property on the northeast corner of Fairview Road and Baker Center Street, Assessor; Parcel Numbers 141-141-63 and 64 (shopping center), was approved, and the Public Services Director was authorized to sign on behalf of the City. Traffic Management 1996 Traffic Management Services Agreements between the 32nd Services Agreements District Agricultural Association and the City of Costa Mesa: Approved Agreement State Contract No. SA-19-96IE, in an amount not to exceed SA-19-96IE for $10,000.00, to provide traffic management services for interim Traffic Management events at the Orange County Fairgrounds from April 1 through at the Fairgrounds December 31, 1996, was approved; and the Police . Chief was for Interim Events authorized to sign::on behalf of the City. Approved Agreement State Contract" No. SA -20-96F, in an amount not to exceed SA -20-96F for $110,000.00, to provide traffic management services at the 1996 Orange County Fair Orange County Fair from July 12 through July 28, 1996, was Traffic Management approved; and the Police Chief was authorized to sign on behalf of the City. Annexation of Tustin Item 8 on the Consent Calendar was presented: Resolution Avenue and Thetford confirming the application of the Master Property Tax Transfer Way Property Agreement for the proposed annexation of 1995-1996 Assessor Parcel No. 426-171-06, for property at 2165 Tustin Avenue and 379 through 388 Thetford Way. Council Member Genis stated that she would prefer to see annexations proceed on a block -wide rather than a one -lot basis. Kerry Smith, 130 Greenmoor, Irvine, the applicant, explained that he could not delay development of the property until the entire block is annexed because the current property owner is anxious to sell now. He observed that traffic impact fees generated by the property will benefit the City. Heather Somers, 427 East 17th Street, Suite 307, Costa Mesa, President of the East Side Homeowners Association, supported approval of the request. On MOTION motion by Council' Member Genis, seconded by Council Member Adopted Resolution Monahan, and carried 4-0, Resolution 96-29, A RESOLUTION 96-29 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONFIRMING THE APPLICATION OF THE MASTER PROPERTY TAX TRANSFER AGREEMENT FOR THE PROPOSED ANNEXATION OF 1995-1996 ASSESSOR PARCEL NO. 426-171-06, was adopted. PUBLIC HEARING The Deputy City Clerk announced _ that this was the time and place Appeal of PA -96-16 set for the public hearing to consider an appeal of the Planning and ZA-96-05, Commission's denial of Planning Action PA -96-16, and Zoning Mulholland Action ZA-96-05, from David W. Ariss, 3200 East Inland Empire Boulevard, Suite 235, Ontario, representing Gregg Mulholland/Ambassador Entertainment, authorized agent for the Lucille C. Emmons Trust, for a conditional use permit for complimentary valet parking; and a minor conditional use permit for a restaurant and bar with alcoholic beverages, dancing and live entertainment (proposed hours of 12:00 p.m. to 2:00 a.m.), located at 1670 Newport Boulevard 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 Michael Montgomery, 10501 Valley Boulevard, Suite 1219 El Monte, attorney for the applicant, requesting a continuance to the meeting of May 6, 1996. F 156 Heather Somers, 427 East 17th Street, Suite 307, Costa Mesa, commented that this area has a heavy concentration of liquor licenses, and felt that the applicant has not shown that there are enough valet parking spaces to grant a conditional use permit. She mentioned that there were an over abundance of calls to the Police Department when a night club was previously located at this site. MOTION/Continued On motion by Council Member Genis, seconded by Council Member to May 6, ,1996 Monahan, and carried 4-0, the public hearing was continued to the meeting of May 6, 1996. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Weed Abatement set for the public hearing to consider a resolution instructing and authorizing the Fire Chief or his designee to proceed with the removal of weeds and rubbish. Notices were sent by the Fire Prevention Division to all affected property owners as required by law. No communications were received. The Fire Marshall reviewed the Agenda Report dated March 22, 1996. Council Member Hornbuckle asked if weeds are removed from the same parcels every year, and the Fire Marshall responded in the affirmative. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Hornbuckle, seconded by Council Adopted Resolution Member Monahan, and carried 4-0, Resolution 96-30, A 96-30 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, INSTRUCTING AND AUTHORIZING THE FIRE CHIEF OR HIS DESIGNEE TO PROCEED WITH THE REMOVAL OF WEEDS AND RUBBISH, 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 j adopting schedules of rates for the Tumbling and Gymnastics Classes Instructional Class offered by the Community Services Department. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Community Services Director summarized the Agenda Report dated March 21, 1996. There being no speakers, the Mayor closed the public, hearing. MOTION ' On motion by Council Member Monahan, seconded by Council Adopted Resolution Member Hornbuckle, and carried 4-0, Resolution 96-31, A 96-31 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING AND ADOPTING SCHEDULES OF RATES, FEES, AND CHARGES FOR SERVICES BY THE CITY OF COSTA MESA, was adopted. OLD BUSINESS The Deputy City Clerk presented an ordinance pertaining to Conduct in Parks and regulations of conduct in parks and recreation facilities. Recreation Facilities John Feeney, 1154 Dorset Lane, Costa Mesa, reported on witnessing lewd conduct in Fairview Park. MOTION On motion by Council Member Monahan, seconded by Council Adopted Ordinance Member Genis, and carried 4-0, Ordinance 96-4, AN 96-4 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTIONS 12-20, 12-23 AND 12-45 AND REPEALING SECTIONS 12-21, 12-22, 12-33, 12-34, 12-35, 12-37, 12-40, 12-41 AND 12-50 OF THE COSTA MESA MUNICIPAL CODE PERTAINING TO 1 REGULATIONS' OF CONDUCT IN PARKS AND RECREATION FACILITIES, was given second reading and adopted. In response to a question from Council Member Genis, the City stated that lewd conduct is prohibited under Municipal Code Section 12-20(a)1. OLD BUSINESS The Deputy City Clerk presented a request from Mayor Erickson for Sign Ordinance modification to the existing sign ordinance regarding signs in the Amendment; Home public right-of-way and homeowner signs. The Deputy City Security Signs Manager/Development Services reviewed the Agenda Report dated March 28, 1996. Roland Wood, 1079 Cheyenne Street, Costa Mesa, Vice President of Mesa North Community Association, commented that many residents in the Mesa North community have signed up with Westec Security Company and display the small Westec yard signs, window decals, and phone stickers, to inform those entering the neighbor- hood that the area is patrolled. He believed that posting the signs acts as a deterrent to the criminal element. In response to questions from Council, Mr. Wood explained that out of 755 homes, 211 are currently participating in the program; and the Homeowners Association based the size of the sign on the square footage of a single dwelling unit. Mr. Wood also stated that the Homeowners Association has.not been in contact with Southern California Edison regarding use of its light standards. Council Member Hornbuckle asked about the possibility of installing the security signs on the same poles that hold the Neighborhood Watch signs. The City Manager emphasized that a review and approval process is required for placement on Southern California Edison poles. Mel Fleener, 1585 Riverside Place, Costa Mesa, asked that Council' grant the residents permission to post the security company signs. Kim Kasell, 3057 Yukon Avenue, Costa Mesa, believed that the signs would be very effective, even though there would only be 15 installed in the residential area. John Feeney, 1154 Dorset Lane, Costa Mesa, commended the Mesa North Homeowners Association for initiating an innovative program to discourage crime in the neighborhood. Dorothy Adams, 220 Amherst Road, Costa Mesa, asked if she would be able to install a home security system sign on her property. Mayor Erickson responded that she has that right. MOTION A motion was made by Council Member Monahan, seconded by Directed Staff to Council Member Genis, and carried 4-0, directing staff to initiate an Amend the Sign amendment to the sign ordinance, to be reviewed by the Planning Ordinance Commission, allowing security signs identifying a private security company to be installed in the public right-of-way. Council Member Hornbuckle stated that she would like staff to ensure that firm control is maintained over the placement of these security signs. OLD BUSINESS The Deputy City Clerk presented a request that Council review and Costa Mesa High consider an offer from the Newport -Mesa Unified School District to School Farm Site purchase farm property located at Costa Mesa High School for park and open space use, using the calculations identified in the Naylor Act. Communications in support of the City's purchasing the property were received from Lefteris Lavrakas, 354 Broadway, Costa Mesa; Paulette Witt, 3055 Hayes Avenue, Costa Mesa; and Gay Geiser - Sandoval, 3408 Geranium Street, Costa Mesa. A letter was received from C. M. Bernd, Superintendent of the School District, responding to certain questions in the Mayor's letter dated March 21, 1996. The Community Services Director reviewed the Agenda Report dated March 27, 1996, specifically noting the inventory of existing athletic facilities identified in the Open Space Master Plan Study and the deficiencies to be addressed by the year 2010. He also referred to the funding options contained in the report. Heather Somers, 427 East 17th Street, Costa Mesa, favored the purchase of the site by the City for' development of a sports complex. She recommended that an amendment be added to the proposed contract that may restrict the ability of the School District to place Kaiser, Kaiser Primary Center, Lindberg, and Harper school sites on the surplus property list for the duration of this contract for the farm site. Susan L. McGuire and Michael McGuire, 3104 McKinley Way, Costa Mesa, urged Council to purchase the farm site for installation of ball fields and a track and field facility. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, asked if the City/School District joint use agreement is still being utilized, and expressed his opinion that the City must evaluate the total picture in acquiring surplus School District sites. Roland Wood, 1079 Cheyenne Street, Costa Mesa, commented that the inventory of existing athletic facilities in Costa Mesa is missing adequate swimming facilities. Kim Kasell, 3057 Yukon Avenue, Costa Mesa, reported that she has been at some of the high school facilities that are being jointly used by the City, and noticed that there is a lack of supervision. She spoke of an incident where soap had been smeared on the benches in the gymnasium, delaying a school rally. Council Member Hornbuckle asked if the gymnasium at Costa Mesa High School is being used for any City programs, and the Community Services Director responded that there are none at that school. Ed Baume, 263 Bowling Green Drive, Costa Mesa, urged Council to purchase the farm site so that adequate athletic programs would be available for the youth of the City. Jim Ferryman, 1095 Tulare Drive, Costa Mesa, member of the Newport -Mesa Unified School District Board of Directors, spoke on his , own behalf, not in an official capacity, and supported construction of additional sports facilities. He urged Council to purchase the farm site for that purpose.. Mr. Ferryman confirmed that the School District expects a substantial increase in enrollment; 1 :.,1.ti9 therefore, funds from the sale of surplus school sites would be used to accommodate the additional students. Mayor Erickson asked Mr. Ferryman when the District's five-year student housing plan will be adopted by the Board of Directors as it relates to his inquiry pertaining to a more comprehensive agreement regarding current and future disposition of school sites. Mr. Ferryman responded that a medium-term plan should be completed within three months. During discussion regarding other school sites which may be declared surplus property, Mr. Ferryman suggested that the City and School District work together on this issue. Responding to Council Member Hornbuckle's inquiry, the City Attorney reported that Council has 60 days to respond to the School District's letter of March 13, 1996, in which the Costa Mesa High School farm site was offered for sale to the City pursuant to the Naylor Act. He added that there is another 60 -day period in which the parties can negotiate an agreement; however, the City and District could agree to extend that time limitation. MOTION/Committee A motion was made by Council Member Hornbuckle, seconded by Directed to Explore Council Member Genis, directing that she, the City Manager, and Overall School Sites the Mayor, shall explore this possible venture with the School and City Needs District. Council Member Genis. understood that these discussions would be in the broader context of overall school sites and overall City needs. Council Member Hornbuckle concurred. Council Member Monahan asked that he be named as an alternate to the proposed committee. At the request of Council Member Monahan, Council Member Hornbuckle added to the motion that when the committee is formulated, staff is to provide a study of those sites which would be of the most interest to the City. Council Member Monahan recommended that committee discussions also include Estancia High School/Parsons School site, as well as the Davis School site. It was Mayor Erickson's understanding that the intent of the motion was for the committee to explore all sites in the City, and asked Council Member Hornbuckle to restate the motion. Council Member Hornbuckle explained that there is an existing liaison committee which consists of Mayor Erickson, the City Manager, and herself, who meet with a similar group from the District's Board of Trustees. She stated that the intent of her motion was to have this group consider not only the Costa Mesa High School farm site, but also other sites in the District that might be available to the City for use as park lands. Council Member Genis concurred. Council Member Monahan commented that his only concern was that the process move forward at a brisk pace. Mayor Erickson stated that it may be appropriate at this time to schedule a City/Fairground Liaison Committee meeting since the Fair Board has spent considerable time on the farm site. The motion carried 4-0. MOTION On motion by Council Member Monahan, seconded by Council Letter of Intent for Member Genis, and carried 4-0, the Letter of Intent for purchase of Farm Site Scheduled the Costa Mesa High School farm site was scheduled for the meeting for May 6, 1996 of May 6, 1996. 160 MOTION I Council Member Monahan made a motion directing staff to prepare Directed Staff to a report on the feasibility of the site plan which was presented to the Prepare a Report on City and School District for Estancia High School, and to place it on the Estancia Site Plan the Council Agenda as soon as it is completed. Council Member and Schedule it for Hornbuckle seconded the motion for discussion, and asked if staff Council Review has had the opportunity to analyze that site plan. The City Manager to be Forwarded to replied that Planning and Community 'Services staff reviewed the the Parks Commission plan and provided a broad scope of the .types of things to be looked for Recommendation at as the concept developed. Council Member Hornbuckle withdrew her second because she felt the request was too premature. Mayor Erickson suggested that this issue be referred to the Parks, Recrea- OLD BUSINESS tion Facilities and Parkways Commission for recommendation. AMENDED I Council Member Monahan felt that the; site plan for Estancia High MOTION School and Davis School should be discussed in conjunction with the Directed Preparation i other sites; however, he did not intend to circumvent the Parks, of Conceptual Site Recreation Facilities and Parkways Commission. Council Member Plan Report for I Monahan amended' his motion to reflect that the report to be Estancia High School 1 prepared by staff on the Estancia High School site plan shall be to be Forwarded to referred to the Commission for recommendation. The motion was the Parks Commission seconded by Council Member Hornbuckle. Responding to Council for Recommendation Member Genis's concern, Council Member Monahan confirmed that his intent was to approach this report from a conceptual point of view. The amended motion carried 4-0. w OLD BUSINESS ! The Deputy City Clerk presented , a request for Council ABC License for determination on whether or not to remove the City's protest of an 1913 Pomona Avenue Alcoholic Beverage Control (ABC) License for 1913 Pomona Avenue. The Deputy City Manager/Development Services summarized the Agenda Report dated March 25, 1996. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, expressed concern I about the many establishments along 19th Street that sell alcohol. Heather Somers, 427 East 17th Street, Suite 307, Costa Mesa, stated that this particular area does not need more businesses which sell alcoholic beverages, and urged Council to protest the transfer of the license. Dorothy Adams, 220 Amherst Road, Costa Mesa, wanted to know who would be responsible for ensuring that all conditions were being met by the business owner. She commented that there are already too many alcoholic beverage licenses in , this area. Tony Decuollo, 2182 Dupont Drive, Irvine, agent for the landlord at the subject site, stated that calls to the Police Department have been reduced dramatically. He reported that ABC has set forth seven restrictions on the -license. Mayor Erickson asked Mr. Decuollo if the business could survive as a convenience store without the ABC license. Mr. Decuollo responded that it could not. MOTION - 1 A motion was made'by Council Member Hornbuckle, seconded by Retained the City's ; Council Member Genis, and carried 3-1, ;Council Member Monahan Protest of the ABC voting no, retaining the City's protest of the ABC license transfer, License and directing that ABC be advised to add the Police Department's recommendation to its list of conditions: "The petitioner shall notify and cooperate with the local law enforcement agency regarding nuisance complaints such as loitering, drunks, trespassing incidents, and any suspicious activities observed". 'Council Member Monahan opposed the motion because he felt the business owner attempted to do everything possible to comply with ABC's conditions. RECESS The Mayor declared a recess at 8:45 p.m., and reconvened the meeting at 8:55 p.m. NEW BUSINESS The Deputy City Clerk presented a request from Fairview Request from Fair- Developmental Center to waive fees for use of the Show Wagon at view Developmental the annual Special Olympics Program Track and Field Meet on May Center to Waive Fees 2, 1996, at Orange Coast College. The Community Services for Use of Show Director reviewed the Agenda Report dated March 21, 1996. Wagon On motion by Council Member Monahan, and seconded by Council MOTION Member Hornbuckle, and carried 4-0, the fees were waived pursuant Request Approved to Council Policy No. 100-7. NEW BUSINESS The Deputy City Clerk presented a request from Harbor Area Adult Amendment to Rea Day Care and Day Health Care Center to amend its Rea Community Lease Agreement with Center Agreement to include the use of Room 620. The Community Harbor Area Adult Services Director summarized the Agenda Report dated March 21, Day Care 1996. Dr. Cordula Dick-Muehlke, 661 West Hamilton Street, Costa Mesa, Executive Director of Adult Day Services of Orange County, explained that more space is needed for an additional 20 to 25 participants who utilize the center on a daily basis since the closure of the Fountain Valley agency. She reported that this facility is the only provider of adult day care services for Costa Mesa, Huntington Beach, and Fountain Valley. MOTION On motion by Council Member Hornbuckle, seconded by Council Amendment Approved Member Genis, and carried 4-0, the amendment was approved. Council Member Hornbuckle suggested informing Harbor Area Adult Day Care of the possible termination of the City's lease agreement with Newport -Mesa Unified School District for use of Rea Center. NEW BUSINESS The Deputy City Clerk presented a request to process a General Plan General Plan Amendment from Jim Ferryman, representing Jack Litt, President Amendment of Arpeja, Incorporated, to change the land use designation at 640 Screening Request West 17th Street (1.92 acres on the north side of the street, at 640 West 17th approximately 300 feet west of the intersection with Superior Street Avenue), from Light Industry to General Commercial. The Deputy City Manager/Development Services reviewed the Agenda Report dated March 18, 1996, and showed an overhead transparency of the site. Council Member Hornbuckle asked if this area is experiencing a decline in manufacturing businesses. Jim Ferryman, 1095 Tulare Drive, Costa Mesa, advised that he had contacted Trader Joe's Market, and they are interested in moving to the site. He stated that there are 199 parking spaces which would alleviate Trader Joe's parking problems at their existing site. Mr. Ferryman explained that it is difficult to make an economic decision regarding the lease until the City determines the amount of the traffic impact fees. Mayor Erickson was concerned about the additional traffic which would be generated by this commercial use. Heather Somers, 427 East 17th Street, Suite 307, Costa Mesa, spoke in support of the request. 162 MOTION A motion was made by Council Member Monahan, seconded by Application Council Member Hornbuclde, and carried 3-1, Council Member Accepted Genis voting no, to accept the application for processing. Mayor Erickson supported the motion because he thought that it .would be worthwhile to investigate alternatives; nevertheless, he was concerned about the amount of traffic which would be generated by Trader Joe's. The Mayor was also concerned about the General Plan Amendment being approved, and then having the applicant withdraw the project because of the traffic impact fees. Council Member Genis opposed the motion because of the additional traffic which would be generated by the project, noting that the intersections of 17th Street/Superior Avenue, and 17th Street/Newport Boulevard are already seriously impacted by excessive traffic. She observed that for the past three years, the Council has been working towards having the 19th Street bridge removed from the Master Plan of Highways, and cautioned that approving projects which greatly increase traffic would only strengthen the need for the bridge. Council Member Hornbuckle responded that much work has been done to have the bridges removed from the Master Plan of Highways, and development has been reduced in the General Plan. She stated that simply because Council is voting to have this General Plan Amendment processed does not diminish ongoing efforts to have the bridges removed. She was willing to review the request because she perceived that the City's light industrial areas are changing. She felt that if this property could not be used for light industry, it may be time to consider changing the land use designation. Council Member Genis commented that there are numerous retail sites around town that are vacant and believed this was another issue that must be examined. NEW BUSINESS The Deputy City Clerk presented a request to process a General Plan General Plan ! Amendment from George Ibrahim, representing Jimmy Hill, Exxon AmendmentScreening Corporation, Post Office Box 4598, Houston, Texas, to change the for 2490 Fairview land use designation at 2490 Fairview Road (on the southeast Road corner of the intersection with Fair Drive) from High Density Residential to Neighborhood Commercial. The Deputy City Manager/Development Services reviewed the Agenda Report dated March 18, 1996. He announced that the Planning Department received a telephone call today from the authorized agent requesting a two-week continuance. Frank Cole, 2482 Fairview Way, Costa Mesa, representing the Fairview Village Homeowners Association, stated that for the past nine years, the homeowners have opposed a service station at this location. MOTION On motion by Council Member Monahan, seconded by Council Continued to Member Hornbuckle, and carried 4-0, the request was continued to April 15, 1996 the meeting of April 15, 1996. NEW BUSINESS The Deputy City Clerk presented a request for an Alcoholic ABC License for Beverage Control (ABC) Type 41 license from the China Coral China Coral Restaurant, 1940 Harbor Boulevard. The Deputy City Restaurant Manager/Development Services summarized the Agenda Report dated March 11, 1996. 1 Motion to Allow A motion was made by Council Member Monahan to allow the License to go license to go forward without protest. The motion died for lack of Forward Died a second. Council Member Hornbuckle was concerned about the over - concentration of on -sale liquor licenses in this area. MOTION A motion was made by Council Member Hornbuckle, seconded by Protest Letter Mayor Erickson, and carried 3-1, Council Member Monahan voting Approved no, authorizing a letter of protest to be forwarded to ABC. Council Member Monahan opposed the motion because he disagreed with sending a protest letter for a restaurant that has been established in the same location for a long time with no indication of problems. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORT/Request for Government Code Section 54956.9(a), to discuss the following Closed Session: items: Annie Slater v. City of Costa Mesa, United States District Slater v. City; Court Case No. CV96-0700RMT(SHx); Cassandra Randall, et al., Randall v. City; v. City of Costa Mesa, Orange County Superior Court Case No. 74 - and Sanders v. City 00-00; and Jean Sanders v. City of Costa Mesa, Harbor Municipal Court Case No. 95C3582. Mayor Erickson announced that closed session would be held at the conclusion of regular business. COUNCIL Council Member Monahan reported that the Newport Boulevard COMMENTS Study Committee will be holding a public forum on April 2, 1996, Newport Boulevard in the Council Chambers, from 12:00 p.m: to 2:00 p.m., and from Study Committee 7:00 p.m. to 9:00 p.m. He urged the public to attend the meeting Public Forum to comment on the plan designed by the Committee for Newport Boulevard from 19th Street to Mesa Drive. Neighbors -for- Council Member Genis encouraged the public to participate in the Neighbors Cleanup City's 5th Annual Neighbors -for -Neighbors cleanup which will be held on April 27, 1996. Walter Davenport's Mayor Erickson announced that because of inedical reasons, Absence; and City Planning Commissioner Walter Davenport will not be attending the Manager's Upcoming next three Planning Commission meetings. He congratulated the Marriage City Manager on his upcoming marriage. ADJOURNMENT TO At 9:35 p.m., the Mayor adj ourned the meeting to a closed session CLOSED SESSION in first floor Conference Room C to discuss the items previously announced by the City Attorney. MEETING The Mayor reconvened the meeting at 9:45 p.m., and the action RECONVENED taken during closed session was announced. MOTION In Annie Slater v. City of Costa Mesa, United States District Court Offer Accepted Case No. CV96-0700RMT(SHx), by a vote of 4-0, Council accepted plaintiff's offer to settle as outlined in the Assistant City Attorney's Confidential Memorandum dated .March 25, 1996. MOTION In Cassandra Randall, et al. v. City of Costa Mesa, Orange County Offer Accepted Superior Court Case No. 74-00-00, by a vote of 4-0, Council accepted plaintiffs offer to settle as outlined in the Assistant City Attorney's Confidential Memorandum dated March 26, 1996. MOTION In Jean Sanders v. City of Costa Mesa, Harbor Municipal Court Offer Accepted Case No. 95C3582, by a vote of 4-0, Council accepted plaintiff's offer to settle as outlined in the Assistant City Attorney's Confidential Memorandum dated March 26, 1996. 163 164 ADJOURNMENT ; The Mayor declared the meeting adjourned at 9:50 p.m. r Mao of the City of Costa Mesa i ATTEST: Deputy City Jerk of the City of Costa Mesa 1