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HomeMy WebLinkAbout05/06/1996 - City CouncilROLL CALL REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA MAY 6, 1996 The City Council of the City of Costa Mesa, California, met in regular session May 6, 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 a representative of Boy Scout Troop No. 636, and invocation by the Reverend Steve Iseman, First United Methodist Church. Council Members Present: Mayor Joe Erickson Mayor Pro Tem Peter Buffa Council Member Mary Hornbuckle Council Member Sandra Genis (arrived at 6:50 p.m.) Council Member Gary Monahan Council Members Absent: None Officials Present: City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Development Services Donald Lamm Public Services Director William Morris Community Services Director Keith Van Holt Finance Director Susan Temple Redevelopment and Housing Manager Muriel Berman Risk Manage: Karen Adams Management Analyst Paula Schaefer Personnel Manager Howard Penins Personnel Analyst Lance Nakamoto Police Lieutenant John Fitzpatrick Police Lieutenant Alan Kent Assistant to the City Manager Ann Gyben Deputy City Clerk Mary Elliott MINUTES On motion by Mayor Pro Tem Buffa, seconded by Council Member April 1, April 8, Hornbuckle, and carried 4-0, Council Member Genis absent, the and April 15, 1996 minutes of the regular meeting of April 1, 1996, special meeting of April 8, 1996, and regular meeting of April 15, 1996, were approved as distributed. ORDINANCES AND A motion was made by Mayor Pro Tem Buffa, seconded by Council RESOLUTIONS Member Monahan, and carried 4-0, to .read all ordinances and resolutions by title only. NEIGHBORHOOD Council Member Monahan commended the following persons for WATCH MEETINGS hosting the Neighborhood Watch meetings during the month of April: Connie, manager of the Villa Martinque Apartments, Pinecreek Drive; and Farel Walker, Alva Lane. 1 PRESENTATION Sara South, 130 21st Street, Costa Mesa, representing the Alternative Education Alternative Education Center at Monte Vista High School, described Center Report school activities in which she has participated, and detailed her future educational plans. She reported that the school recently received two $500.00 Newport -Mesa School Foundation grants which will be used to fund a class in film making and to obtain Internet access for the Community Service Volunteer Program; and the Back Bay Bombers, at the conclusion of their first season, placed second in the National Junior Basketball league. She introduced friends and family. ANNOUNCEMENT Mayor Erickson announced that a request had been received to continue New Business Item No. 3, Request from American Stores Properties, Inc./Sav-On drug stores, 2701 Harbor Boulevard, Costa Mesa, for a new Type 21 off -sale beer, wine, and distilled spirits alcoholic beverage license. ORAL COMMUNI- Debbie Marsteller, 3374 California Street, Costa Mesa, a Vantage CATIONS' Foundation employee who works with developmentally disabled Rea Center Tenant adults, urged Council to examine the services provided by the wide Relocation range of organizations currently operating at Rea Center in order to resettle these diverse groups in a satisfactory location after July, 1997, when the center may no longer be available. Mayor Erickson responded that this item was addressed at the May 1, 1996, joint meeting of the Newport -Mesa Unified School District Board and the City Council, and further discussions will take place in the future. Someone Cares Soup Janice Davidson, 1982 Arnold Avenue, Costa Mesa, objected to the Kitchen Relocation recent relocation of the Someone Cares Soup Kitchen to the Seventh- Day Adventist church near the corner of Hamilton Street and Meyer Place. She asked if the soup kitchen will be required to obtain a conditional use permit, and expressed the opinion that this area is unsuitable for this use due to children returning from school when the meals are being served. The City Manager reported that the City has conferred with representatives of the soup kitchen to assist them in finding a new location, ideally in a nonresidential neighborhood, noting that Rea Community Center was not an option. He stated that the soup kitchen could be considered within the mission of the church, with the imposed limitation that the meals be served and consumed indoors. Council Member Genis arrived at 6:50 p.m. The following Costa Mesa residents opposed the soup kitchen relocation: Jessica Gleason, 669 Plumer Street, No. C; Phil Morello, 1715 Samar Drive; Hildegard Gonzalez, 1932 Pomona Avenue; Dorothy Adams, 220 Amherst Road; Dan Gleason, 669 Plumer Street, Apt. C; and JoAnn Reinholt, 1823 Tanager Drive. College Park Helen: Nielsen, 2333 College Drive, Costa Mesa, complained that Code Enforcement the College Park neighborhood in which she resides is not in compliance with City codes, and gave several examples. She reported that three robberies had occurred in one day. Mayor Erickson suggested that Ms. Nielsen contact the Deputy City Manager regarding the code enforcement infringements. The City Manager proposed initiating neighborhood watch meetings in conjunction with Ms. Nielsen and the College Park Homeowners Association. Santa Ana River Tony Petros, President of the Costa Mesa Chamber of Commerce, Flood Control 1835 Newport Boulevard, Suite E270, Costa Mesa, thanked Council Projects and staff for their efforts to ensure that the Federal Emergency Management Agency (FEMA) redrew the flood maps for the nearly completed Santa Ana River flood control projects in the Costa Mesa area, and reported that this has now been accomplished. He explained that both residents and businesses will recognize a substantial savings on their insurance rates because of the updated map. Homeless Issue Tim Shaw, 133 East 16th Street, Costa Mesa, Executive Director of the Orange County Homeless Issues Task Force, commented that credible statistical information does not exist which shows a direct correlation between an increase in crime in the same area where there is an increase in homelessness. He proposed that persons who complain about the homeless become advocates for affordable hous- ing, or financially support organizations working actively to assist these people. Mr. Shaw emphasized that services for the homeless are satisfactorily distributed from south county to La Habra. Proposed OCTA Anne Hogan-Shereshevsky, 2152 Elden Avenue, No. 1, Costa Mesa, Schedule Change announced that a meeting is scheduled for Saturday, May 4, 1996, 2:00 p.m., at the Lindbergh School, 220 23rd Street, Costa Mesa, to discuss the proposed changes in the Orange County Transit Authority (OCTA) bus route No. 53/53A which travels from the City of Orange to the Balboa Peninsula. She expressed concern that the proposed change will involve busy Costa Mesa streets which do not have paved sidewalks, making it dangerous for the potential bus riders. The City Manager added that the City is a cosponsor of this event. . Overdevelopment in Rachel Perez Hamilton, 266 Brentwood Place, Costa Mesa, believes Costa Mesa that the City is being manipulated by developers who overcrowd houses onto small lots, such as the property at 120 East 23rd Street where a one -half -acre lot was used to construct six homes. Neighbors -for- Roland Wood, 1079 Cheyenne Street, Costa Mesa, reported on the Neighbors success of the recent Neighbors -for -Neighbors cleanup project, and requested that the next event have longer hours in order to allow everyone to complete their given tasks. He commended City staff on their preparation and involvement. Mr. Wood reported on the existence of several large potholes in the Fillmore Way and Coolidge Avenue alleys. CONSENT The following item was removed from the Consent Calendar: One - CALENDAR year extension of an agreement with East Edinger Medical Center to provide medical services to the City. MOTION/Approved On motion by Mayor. Pro Tem Buffa, seconded by Council Member Except Item 12 Hornbuckle, and carried 5-0, 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: Barbara Davis; David Fitzpatrick; E. Ann Waller; and Application for Leave to Present a Late Claim from Anne K. Fritz. Public Utilities Notice from Pacific Bell . Communications that Application No. 96 - Commission 03-007 was filed with the Public Utilities Commission, requesting a Certificate of Public Convenience and Necessity to provide 1 1 InterLATA, IntraLATA, and local exchange telecommunications services within the State of California. BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable Purpose from Approved Permit for Veterans of Foreign Wars, Coast Line Post No. 3536, 567 West Veterans of Foreign 18th Street, Costa Mesa, by offering Buddy Poppies to the public Wars from May 17 through May 19, 1996, was approved pursuant to Municipal Code Section 9-127(d). WARRANTS Warrant Resolution 1622, funding City operating expenses in the Approved Warrant amount of $1,972,451.66; and Payroll 9607 for $1,331,397.45, were 1622; Payroll 9607 approved. Approved Warrant Warrant Resolution 1623, funding City operating expenses in the 1623; Payroll 9608 amount of $1,498,052.61; and Payroll 9608 for $1,302,681.10, were approved. REJECTED CLAIMS The following claims were rejected: Cameron. Wade Cameron (loss of business due to Costa Mesa Police Department investigation). Karim Judith Karim (tree roots damaged sewer lateral). Roe Earlene Roe (tree roots damaged sewer lateral). Melum Terry D. Melum, and Thomas A. "Tony" Melum, heirs of Howard Melum (vehicle collision fatality). Lieb/Porter/Bauer Kay Lieb, Sandy Porter, and Caroline Bauer, heirs of June Melum (vehicle collision fatality). Schafer James and Shirley Schafer (contractor damaged camper). ADMINISTRATIVE Resolution 96-38, A RESOLUTION OF THE CITY COUNCIL OF ACTIONS/Adopted THE CITY OF COSTA MESA, CALIFORNIA, CONFIRMING Resolution 96-38 for THE APPLICATION OF THE MASTER PROPERTY TAX Proposed Annexation TRANSFER AGREEMENT FOR THE PROPOSED ANNEXA - of 2157 and 2159 TION OF 1995-1996 ASSESSOR PARCEL NO. 426-171-05, for Tustin Avenue property at 2157 and 2159 Tustin Avenue, was adopted. Approved Change Or- Change Order "E" for $2,400.00 to Contract No. 498-642 with der "E" to Accurate Accurate Landscape and Maintenance Corporation, 611 West Palm Landscape Contract Avenue, Orange, for landscape maintenance on the recently 498-642 for Medians completed Susan Street medians, was approved. Adopted Resolution Resolution 96-39, A RESOLUTION OF THE CITY COUNCIL OF 96-39 Approving and THE CITY OF COSTA MESA, CALIFORNIA, APPROVING Authorizing Execution AND AUTHORIZING EXECUTION OF SUPPLEMENT NOS. of Supplement Nos. 015, 016, 017, 018, 018, AND :.020, TO THE STATE LOCAL 015, 0169 017, 018, TRANSPORTATION PARTNERSHIP PROGRAM AGREEMENT 019, and 020 BETWEEN THE STATE DEPARTMENT OF TRANSPORTA- TION AND THE CITY OF COSTA MESA, was adopted; and the following action was taken: Approved Agreement Agreement for Supplement No. 015, rehabilitation of 15th Street for Supplement No. from 250 feet west of Riverside Avenue to Irvine Avenue, was 015, 15th Street approved, and the Public Services Director and Deputy City Clerk Rehabilitation were authorized to sign on behalf of the City. Approved Agreement Agreement for Supplement No. 016, improvement of Doctors for Supplement No. Circle from Victoria Street to the south cul-de-sac, was approved, 016, Doctors Circle and the Public Services Director and Deputy City Clerk were Improvements authorized to sign on behalf of the City. Approved Agreement Agreement for Supplement No. 017, rehabilitation of Harbor for Supplement No. Boulevard from Date Place to Dale Way, was approved, and the 017, Harbor Boule- Public Services Director and Deputy City Clerk were authorized vard Rehabilitation to sign on behalf of the City. Approved Agreement Agreement for Supplement No. 018, rehabilitation of Santa Ana for Supplement No. Avenue from 23rd Street to Santa Isabel Avenue, was approved, 018, Santa Ana Ave- and the Public Services Director and Deputy City Clerk were nue Rehabilitation authorized to sign on behalf of the City. Approved Agreement Agreement for Supplement No. 019, rehabilitation of Iowa Street for Supplement No. from California Street to Gisler Avenue, was approved, and the 019, Iowa Street Public Services Director and Deputy City Clerk were authorized Rehabilitation to sign on behalf of the City. Approved Agreement Agreement for Supplement No. 020, rehabilitation of Elden for Supplement No. Avenue from 21st Street to 22nd Street, was approved, and the 020, Elden Avenue Public Services Director and Deputy City Clerk were authorized Rehabilitation to sign on behalf of the City. Approved Agreement An agreement with Americlean Environmental Services, 188 with Americlean Pomona Avenue, Long Beach, for $72,017.00, to administer the for Administration of City's household hazardous waste discretionary grant program, was Hazardous Waste approved, and the Mayor and Deputy City Clerk were authorized to Program; Approved sign on behalf of the City; and Budget Adjustment No. 96-58 for Adjustment $75,020.00, was approved. Awarded Red Hill Bids received for Red Hill Avenue Interconnect, Project No. 96-05, Interconnect, Project are on file in the City Clerk's office. The contract was awarded to No. 96-05, to Signal Signal Maintenance, Inc., 2283 Via Burton Street, Anaheim, for Maintenance $120,551.00. J Adopted Resolution Resolution 96-40, A RESOLUTION OF THE CITY COUNCIL OF 96-40 Declaring THE CITY OF COSTA MESA, CALIFORNIA, DECLARING THE Portions of Bristol PORTIONS OF BRISTOL STREET WITHIN UNINCORPO- Street a City High- RATED AREAS BETWEEN BEAR STREET AND RED HILL way for Widening AVENUE TO BE A CITY HIGHWAY FOR THE PURPOSE OF Purposes; Approved RIGHT-OF-WAY ACQUISITION AND IMPROVEMENT, in Adjustment connection with the Bristol Street Widening project, was adopted; and Budget Adjustment No. 96-61 for $200,000.00, for right-of-way acquisition purposes, was approved. Accepted work by Renovation of the Landscape Median at Loren Lane and Baker Street D. J. Construction was completed to the satisfaction of the Community Services for Renovation of Director on April 1, 1996, by D. J. Construction, 14730 East Loren Lane Median Firestone Boulevard, No. 301, La Mirada. The work was accepted; the Deputy City Clerk was authorized to file a Notice of Completion; authorization was given to release retention monies 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. Agreement with East Item 12 on the Consent Calendar was presented: One=year extension Edinger Medical of the agreement with East Edinger Medical Center, 1619 East Center for Medical Edinger Avenue, Santa Ana, to provide medical services to the City. Services Council Member Genis stated that her primary concern is that 1CPU patients have not been informed of tests that have not been done, and thought that the City may be charged for work that is not accomplished. She asked why she had not received a copy of the letter from East Edinger. Medical Clinic dated June 3, 1994, which was attached to a confidential memorandum from the Risk Manager. The Risk Manager responded that a comprehensive report had been prepared which included the East Edinger response, and that the issue had been researched thoroughly. She felt that this was a rare incident, and that the overall picture showed East Edinger providing satisfactory, responsive service. In answer to Council Member Genis's inquiry, the Risk Manager stated that it is difficult to initiate a monitoring program since the physicals are designed for wellness purposes, and the examinations are confidential. Council Member Genis stated for the record that the East Edinger letter had indicated that all questions were discussed with the patient, and noted that thisi was not true because she had not marked some of the items on the questionnaire because she had not been certain about the appropriate response. She addressed the matter of female health screening which was indicated to her to be part of the examination prior to going to the clinic; however, the scope of work in the Request For Proposal states that female health screening is only done for female safety personnel. The Risk Manager explained that the exact scope of work had been carried over from the previous agreement with Bristol Park Medical Group, and thought that Bristol Park may have voluntarily included the female examinations and screening although it was not intended to be part of the executive physical. Council Member Genis felt that a communication problem exists with East Edinger because their letter indicates that she was told that she could, because of the test that had not been done, provide another sample, have it tested elsewhere, or they could come and pick it up. She reported that when she spoke with the clinic, their representative indicated that this was not possible. The City Manager proposed that the Benefit Review Committee devise an audit function which would be simple, yet would protect the individual's right of privacy. Council .Member Hornbuckle asked that a mammogram when deemed appropriate, Pap test, and pelvic examination be added to the criteria for the female executive physical. She also requested that the mammogram be added to the female safety personnel examina- tion. Council Member Genis asked that starting immediately, employees be provided with a current version of the tests to be administered. MOTION A motion was made by Mayor Pro Tem Buffa, seconded by Council Continued to Member Hornbuckle, and carried 5-0, to continue this item to the May 20, 1996 meeting of May 20, 1996, with direction to staff, in particular the Risk Manager, to provide specific responses to the concerns previously raised and to include the requested additional examinations for female personnel. Council Member Genis did not advocate discontinuing the contract because of one unfortunate incident, but did believe it should be monitored. PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued Appeal of PA -96-16 from the meeting of April 1, 1996, to consider an appeal of the and ZA-96-05, Ariss/ Planning Commission's denial of Planning Action PA -96-16, and Mulholland Zoning Action ZA-96-05, from David W. Ariss, 3200 East Inland Empire Boulevard, Suite 235, Ontario, representing Gregg iso Mulholland/Ambassador Entertainment, authorized agent for the 'Lucille C. Emmons Trust, for a conditional use permit for compli- mentary 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. in.), located at 1670 Newport Boulevard in a Cl zone. Environmental Deter- mination: Exempt. Communications were received from the ! appellant, David Ariss, consisting of a binder containing detailed information on the project; and a letter from Heather Somers, 427 East 17th Street, Suite 307, Costa Mesa, urging Council to deny the application. The Deputy City Manager/Development Services reviewed the Agenda Reports dated May 6, 1996, and April 1, ,1996, and presented a site plan and location map. He reported that the applicant is now agreeing to reduced business hours, from 12:00 p.m. to 11:00 p.m.,' and addressed major concerns about the intensity of the entertainment and dancing, concern about the number of people the business,will attract, and the impact on the surrounding businesses and the community. Council Member Genis reported that the binder from the appellant contained extensive changes to the application and was not received by Council until the study session prior to the meeting. She asked if the extent of the changes were sufficient to require a new application. The City Attorney responded that he had reviewed the material, reporting that most of the material is in the record with the exception of the cover sheets and the menus, and no significant additions have been made. Michael Montgomery, attorney with Harper and Burns, 453 South Glassell Street, Orange, explained that the concept of the application has changed because a nightclub was not appropriate according to staff recommendations and the denial of the Planning Commission. He commented that the applicant is willing to operate as a restaurant, with alcohol served primarily with food. MOTION On motion by Council Member Hornbuckle, seconded by Mayor Pro Continued to Tem Buffa, and carried 5-0, the public hearing was continued to the May 20, 1996 meeting of May 20, 1996. Council Member Hornbuckle wished to take action on this item at the next meeting, and asked that there be no additional changes to the project. Mayor Pro Tem Buffa asked that after discussions with the applicant, staff clarify the best way to proceed, to withdraw the existing application or to determine if this constitutes a new project that should be presented to the Planning Commission. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place CDBG Public Service set for the public hearing to consider . 1996-97 Community 1996-97 Funding Development Block Grant (CDBG) public service funding Recommendations recommendations. The Affidavit of Publication is on file in the City Clerk's office. A communication was received from Kenneth Killian, Principal of Pomona Elementary School, 2051 Pomona Avenue, Costa Mesa, encouraging Council to continue funding the Camp Fire Boys and Girls Youth for Arts Program. The Management Analyst summarized the Agenda Report dated May 6, 1996. Jean Wegener, 4921 Birch Street, Suite 190, Newport Beach, Executive Director of SPIN, representing the Costa Mesa Continual Care Coalition, thanked the City for their support in establishing the coalition. She explained their goal is to take persons off the street, provide them with job training, and eventually move them into permanent housing. , Shirley Cohen, Director of Feedback Foundation, 1200 North Knollwood Circle, Anaheim, reported that Costa Mesa was the only city that had not honored the foundation's request for "fair share funding". She indicated that the foundation's request for funds was lowered because they now own the building, but the City continues to reduce the grant below that which was requested. She asked that their request for $12,920.00 be granted. Ms. Cohen and Sharon Phelps, Operations Manager at Feedback Foundation, responded to questions from Council. Debbie O'Connor, 408 Irvine Avenue, Newport Beach, representing FISH Harbor Area, thanked Council for their support of the mobile meal program which now serves 56 clients per day. Sandee Gordon, representing Orange Coast Interfaith Shelter, reported that they are investigating a follow-up program to monitor the progress of clients who graduate, and to arrange for transitional housing. Henry Lamb, 1359 Cliff Drive, Laguna Beach, asked that the total grant amount for St. Vincent de Paul, Friends Outside Program, be approved. The Management Analyst responded to a question from Mr. Lamb by explaining that the nonprofit organizations are asked to revise their list of services offered if their grant amount is reduced. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Hornbuckle, seconded by Mayor Pro Funding Approved Tem Buffa, and carried 5-0, the recommended CDBG public services grants were approved, except for the Feedback Foundation. Council Member Hornbuckle expressed concern about funding new organizations since the CDBG monies are tenuous, and suggested that this be considered prior to making funding decisions next year. She expressed the concern of the Redevelopment and Residential Rehabilitation (3R) Committee regarding the cost to the City of administrating individual grants, noting that an increased number of small grants raises the cost of administration. Council Member Genis thanked members of the 3R Committee and the subcommittee for their efforts. MOTION/Approved On motion by Council Member Hornbuckle, seconded by Council Feedback Founda- Member Genis, and carried 4-0, Council Member Erickson tion Funding abstaining, the recommended funding for the Feedback Foundation was approved. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Allocations for set for the public hearing to consider recommended allocations for 1996-97 CDBG Funds Fiscal Year 1996-97 Community Development Block Grant (CDBG) and HOME Invest- entitlement funds, program income, and reallocation of 1995-96 ment Partnership Funds; Fiscal Year 1996-97 HOME Investment Partnership funding Funds allocations; and a resolution authorizing fiscal year 1996-97 Community Development Block Grant and HOME Investment Partnership Act Entitlement Funds application submission to the United States Department of Housing and Urban Development, appointing the City Manager to act as official representative of the City in order to submit the Action Plan and certifications and :}7- 192 assurances contained therein, and to act in connection with submission of the Annual Plan and provide additional information as required. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Redevelopment and Housing Manager reviewed the Agenda Report dated May 6, 1996. Council Member Genis wished to ensure that funds were available for improvements to the Downtown Community Center swimming pool. The City Manager replied that funds initially allocated to this effort last year have been withheld pending destruction testing of the building for earthquake stability. There being no speakers, the Mayor closed the public hearing. MOTION/Approved On motion by Council Member Hornbuckle, seconded by Council Allocations; Adopted Member Genis, and carried 5-0, the recommended allocations were Resolution 96-41 approved, and Resolution 96-41, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF .COSTA MESA, CALIFORNIA, AUTHORIZING ;FISCAL YEAR 1996-97 COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP ACT ENTITLEMENT FUNDS APPLICATION SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, was adopted. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Community Services set for the public hearing to consider a resolution establishing and Instructional Classes adopting schedules of rates,' fees, and charges for 16 additional instruction classes 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 April 15, 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 96-42, A 96-42 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING AND ADOPTING SCHEDULES OF RATES, FEES, AND CHARGES ADJOURNED TO FOR SERVICES BY THE CITY OF COSTA MESA, was adopted. JOINT COUNCIL/ REDEVELOPMENT At 8:20 p.m., Mayor Erickson adjourned the regular City Council MEETING meeting to a joint City Council/Redevelopment Agency meeting. ROLL CALL 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 OLD BUSINESS The Deputy City Clerk presented a HOME Fund Reservation and Agreement with Civic Implementation Agreement between Civic Center Barrio Housing Center Barrio for Corporation, Costa Mesa Redevelopment Agency, and the City, HOME Funds providing for the commitment of $425,700.00 in 1994-1995 HOME funds to a two-phase affordable housing project in HOME Target Area 5. Council Member/Chairperson Hornbuckle announced that Mayor/Agency Member Erickson would conduct the meeting. The Management Analyst reviewed the Agenda Report dated May 6, 1996. I MOTION On motion by Council Member/Chairperson Hornbuckle, seconded Approved Agreement by Council Member/Vice Chairperson Genis, and carried 5-0, the following action was taken: the agreement was approved, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City; and the Agency Chairman and Secretary were authorized to sign on behalf of the Agency. COUNCIL MEET- At 8:35 p.m., Mayor/Agency Member Erickson adjourned the joint ING RECONVENED City Council/Redevelopment Agency meeting, and reconvened the regular City Council meeting. RECESS The Mayor declared a recess at 8:35 p.m., and reconvened the meeting at 8:50 p.m. ANNOUNCEMENT Mayor Erickson announced that Margaret Anderson, who had previously forwarded a letter regarding Consent Calendar Item No. 6, annexation of :property at 2157 and 2159 Tustin Avenue, was unfamiliar with Council procedure and had failed to address the item at the appropriate time. Council Member Hornbuckle stated that action had been taken on this item and Mrs. Anderson will have the opportunity to present her case before the Local Agency Formation Commission (LAFCO). She did, however, agree to hear her comments, and Council concurred. ADMINISTRATIVE The Deputy City Clerk presented a resolution confirming the ACTION/Annexation application of the Master Property Tax Transfer Agreement for the of 2157 and 2159 proposed annexation of 1995-1996 Assessor Parcel No. 426-171-05, Tustin Avenue for property at 2157 and 2159 Tustin Avenue. A communication was received from Mrs. Anderson opposing the annexation. Mrs. Anderson, owner of the above property, opposed its annexation to the City explaining that she has always received excellent service from County agencies, and annexation would create an adverse impact on the value of her property. The City Manager proposed that Mrs. Anderson contact the Deputy City Manager for assistance, and assured her that the City will advise her of the hearing date. Council Member Hornbuckle reported that one of Council's goals is to resolve the issue of County islands. OLD BUSINESS The Deputy City Clerk presented from the meeting of April 15, Shalimar Alley 1996, Shalimar Alley Rehabilitation: City Attorney's Report No. 96 - Rehabilitation 30, regarding an assessment district for alley improvements for Shalimar Avenue, and 18th and James Streets. The City Attorney summarized his Report No. 96-30 dated April 30, 1996, observing that his research has revealed that an assessment district cannot be imposed on the five private alleys until rights of possession to the public right-of-way is obtained for the alleys. Carm Gullo, 17220 Newhope Street, No. 224, Fountain Valley, responded to questions from Council, and gave a report on the status of Alley Nos, 1, 2, and 3. He reported that 39 of the 50 property owners are committed to the improvements, and the apartment owners association has worked jointly with the City's code enforcement and the City Attorney to enlist the remaining 11 owners but to no avail. He asked that the City initiate legal action against the owners who will not support the improvements. The City Attorney stated that a noncontiguous assessment district could be established which would alleviate the problems with the aforementioned 11 property owners; however, this would create a hardship for City staff in terms of private versus public right-of- way. l 93 .194 John Baley, owner of 707 and 711 James Street, Costa Mesa, commended the Police Department on behalf of the apartment owners association ifor their cooperation in cleaning up the neighborhood. He felt that repair of the alleys would improve the general appearance of the area which would make the units easier to rent, attract a higher quality of tenant, and result in a corresponding decrease in crime. Roger Gooding, 745 James Street, Costa Mesa, asked if code enforcement could be accomplished on the holdout properties. The City Attorney responded that the Building Code does not effectively deal with alleys unless there is a pothole, a trench, or something that creates a hazardous � condition, but suggested that the City could address the situation by citing the individual property owners as a public nuisance. He reported that each property in this neighbor- hood has been or will be inspected, and should code violations exist, a citation or complaint will be issued. The City Attorney stated for the record that because steps necessary for condemnation were being recommended, Council has the final discretion to decide if public necessity requires the condemnation. He reviewed the condemnation process Carm Gullo responded to questions by stating that from his calculations, it would cost approximately $23,000.00 to resolve the entire issue on the three alleys. The City Attorney acknowledged that CDBG funds could be used but in order to use public funds to ` repair and pay for private property, a public purpose must be found, or the alley given to,the City. MOTION/Authorized A motion was made by Council Member Hornbuckle, seconded by Exemption from Mayor Pro Tem Buffa, and carried 5-0, to grant the property Assessment for Alley owners' request for an exemption from the assessment district for No. 3 Alley No. 3 (Shalimar Drive); to allow the use of City plans to construct the alley; to waive .the $25.00 per lot building permit fee; and to vigorously pursue the holdout owners with code enforcement measures. MOTION A motion was made by Council Member Monahan, seconded by Approved Condemna- Council Member Genis, and carried 4-0, Mayor Pro Tem Buffa tion Proceedings for abstaining, directing staff to hire an appraiser, and to commence Alley No. 3 with the condemnation proceedings for Alley No. 3. The City Attorney clarified that condemnation proceedings were not actually commencing at this point, noting that action requires a resolution of necessity. He reported that at any time during the entire process, formation of the assessment district may be cancelled by a four-fifths vote of the Council. OLD BUSINESS The Deputy City Clerk presented from the meeting of April 15, Taxicab Regulation 1996, an ordinance amending Article 16 of Chapter II of Title 9 of the Costa Mesa Municipal Code relating to regulation of taxicabs; and City of Newport Beach and City of Santa Ana Taxicab certifi- cate programs. MOTION On motion by Council Member Hornbuckle, seconded by Mayor Pro Continued to Tem Buffa, and carried 5-0, this item was continued to the meeting May 20, 1996 of May 20, 1996. OLD BUSINESS The Deputy City Clerk presented a resolution concerning purchase Costa Mesa High of the northerly 18 acres of the Costa Mesa High School farm site, School Farm Site 2650 Fairview Road, Costa Mesa, from the Newport -Mesa Unified School District, using calculations as identified in the Naylor Act; and City Attorney's Report No. 96-31. Communications were received from Susan D. Kline, 225 Tulane Road, Costa Mesa, opposing development of the farm site for residential use; Tony Gielow, 469 East 18th Street, Costa Mesa, urging Council to purchase the farm site for farming purposes or for a sports complex; and Janet and Ken Millian; - Newport Harbor Animal Hospital, 125 Mesa Drive, Costa Mesa, supporting the purchase of the farm site for recreational purposes. The Community Services Director reviewed the Agenda Report dated April 29, 1996. Ed Keane, 2777 Lorenzo Avenue, Costa Mesa, asked about findings with respect to conveyance of the land back to the school district. The City Manager responded that the original terms and conditions of the property include certain restrictions about how the property may be used; however, those reservations were time specific and expired in the mid to late -1970's. Mr. Keane asked if the City is responsible should the property have any liens or lawsuits against it. The City Manager responded in the negative. Rachel Perez Hamilton, 266 Brentwood Place, Costa Mesa, under- stood the need for a sports facility on the farm site but felt that the activity generated would be a burden on adjacent neighbors. She suggested developing Fairview Park. The following Costa Mesa residents spoke in support of purchasing the farm land for a sports complex: Derrick Wood, 1079 Cheyenne Street; Maggie Sandoval, 3408 Geranium Street; Ed Baume, 263 Bowling Green Drive; Michael McGuire, 3104 McKinley Way, President of Costa Mesa American Little League; Susan McGuire, 3104 McKinley Way; and Michael Whitaker, 3144 Coolidge Avenue. MOTION A motion was made by Council Member Monahan, seconded by Adopted Resolution Mayor Erickson, and carried 5-0, to adopt Resolution 96-43, A 96-43 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONCERNING PURCHASE OF THE NORTHERLY EIGHTEEN (18) ACRES OF THE COSTA MESA HIGH SCHOOL FARM SITE FROM THE NEWPORT - MESA UNIFIED SCHOOL DISTRICT, authorizing the Mayor to forward the letter of intent to the District on May 27, 1996 (two days prior to the end of the required 60 -day period). Council Member Monahan believed that the above action needed to be taken at this time in lieu of any further delays. He supported working out site specific agreements with the District in the negotiation process. Mayor Pro Tem Buffa hoped that the discussions would be "fast tracked" in order to ascertain if it would be feasible for the City to proceed. OLD BUSINESS The Deputy City Clerk presented an expanded code enforcement Code Enforcement program update. The Personnel Manager summarized the Agenda Update Report dated April 26, 1996. Mayor Erickson explained that this report was for information only. NEW BUSINESS The Deputy City Clerk presented Annual Review No. 4 of the 1990 1990 General Plan General Plan. The Deputy City Manager summarized the Agenda Annual Review No. 4 Report dated April 22, 1996, noting that there is pending legislation which would extend the deadline for the new Housing Element one year from July 1, 1996. I= MOTION On motion by Council Member Hornbuckle, seconded by Council Received and Filed Member Monahan, and carried 5-0, the review was received and filed. NEW BUSINESS The Deputy City Clerk presented 1996-97 'Community Objectives; Community and 1995-96 Community Objectives Third Quarter Update. The Objectives Finance Director reviewed the Agenda Report dated April 29, 1996. Mayor Erickson addressed the Council goal "City Wages/Benefits", asking if the study on this subject conducted by the League of California Cities is sufficient for the City's needs. The City Manager responded that the League study is a good one but there is more to the public/private sector comparison than a study. He stated that the objective is to determine how to more effectively utilize the data currently in the City's possession and discover other ways to bring closer correlation between compensation in the private and the public sectors. Council Member Hornbuckle suggested that the telephones in the Park Security item on Page 3 be the type from which you can only dial 911. The City Manager reported that the Parks, Recreation Facilities, and Parkways Commission has an investigation underway regarding the telephones. Council Member Hornbuckle observed that logical priorities for sidewalks had been set during the work on Measure C, and thought that this criteria should be reexamined. Council Member Genis suggested that the community objectives should involve those that are more measurable. MOTION On motion by Council Member Hornbuckle, seconded by Council Adopted Objectives Member Monahan, and carried 5-0, the 1996-97 Community Objectives were adopted. NEW BUSINESS The Deputy City Clerk presented a request for determination of Request from Sav-On public convenience and necessity from Richard B. Lloyd, Castillo for ABC License Company, Inc., on behalf of American Stores Properties, Inc./Sav- On drug stores, 2701 Harbor Boulevard, Costa Mesa, to obtain a new ABC (Alcoholic Beverage Control) Type 21 off -sale beer, wine, and distilled spirits alcoholic beverage license. Communications were received from the applicant, one requesting a continuance, and the second in support of his request. MOTION On motion by Council Member Hornbuckle, seconded by Council Continued to Member Monahan, and carried 5-0, this item was continued to the May 20, 1996 meeting of May 20, 1996. NEW BUSINESS The Deputy City Clerk presented a request from the Lions Club to Request from Lion's waive and/or reduce fees for the following services associated with Club to Waive the 51st Annual Fish Fry and Carnival on May 31, and June 1 and or Reduce Fees for 2, 1996: use of the Show Wagon, use of the Neighborhood Fish Fry Community Center, insurance for the event, and fees for police services. The Assistant to the City Manager summarized the Agenda Report dated April 29, 1996. The Risk Manager reported that there is a reputable insurance company that is willing to underwrite $2 million to supplement the existing $1 million that is presently carried by the Lion's Club at an approximate cost of $1,000.00 to $1,200.00 for the three-day event. She indicated that this is a reasonably priced premium for the supplemental coverage which may be paid by the Lion's Club, by the City, or by a combination of both. 1 The Police Lieutenant explained that the Police Department will deploy field officers in uniform and special enforcement teams, undercover officers, and the patrol gang detail because of the threat of local gang turbulence. He added that the West Side Substation will be open during the event, and will be staffed by senior volunteers. Mike Schaefer, 3327 California Street, Costa Mesa, Director of the Costa Mesa -Newport Harbor Lions, stated that he had contacted six national insurance brokers who handle this type of coverage, and none were able to accommodate the requirements. He recognized that the greatest risk involves the carnival rides, yet the only incident that has occurred is a death during the parade in approximately 1974. He detailed safety precautions that are being taken. MOTION/Show On motion by Council Member Monahan, seconded by Mayor Pro Wagon Fees Waived Tem Buffa, and carried 5-0, fees for the show wagon were waived. MOTION On motion by Council Member Monahan, seconded by Council NCC Fee Waived Member Hornbuckle, and carried 5-0, the rental fee was waived for the use of the Neighborhood Community Center (NCC). In response to a question from the City Manager, Mike Schaefer stated that the cost for the three new fish fryers was approximately $9,000.00. The City Manager pointed out that the Lion's Club has been very cooperative by making this investment to ensure that liability is reduced. MOTION A motion was made by Council Member Hornbuckle, seconded" by Approved Additional Mayor Pro Tem Buffa, and carried 5-0, to approve the City's Insurance acquiring the additional $2 million excess liability insurance, in the name of the Lion's Club, naming the City as the additional insured; and to use funds from the self-insurance retention fund. MOTION A motion was made by Council Member Hornbuckle, seconded by Approved Police Fees Council Member Genis, and carried 5-0, to charge fees for police services at the C5 rate (straight time and a half), and to ensure that the number of officers assigned to the Fish Fry is not excessive. Council Member Monahan supported the motion at the C5 rate, without drastically reducing assigned personnel, through negotiating a cost between last year's charges and the estimated cost for this year. Council Member Hornbuckle suggested that the City Manager review this situation. NEW BUSINESS The Deputy City Clerk presented South Coast Air Quality SCAQMD Rule 2202 Management District (SCAQMD) Rule 2202, on -road motor vehicle mitigation options. The Public Services Director summarized the Agenda Report dated April 30, 1996. A question and answer period ensued. MOTION A motion was made by Council Member Hornbuckle, seconded by To Approve Option 3 Mayor Erickson, to approve Option 3, a combination of Option 1, maintain the existing rideshare program, and Option 2, explore the cost effectiveness and technological feasibility of implementing alternate vehicle emission mitigation strategies. SUBSTITUTE A substitute motion was made by Council Member Monahan, MOTION seconded by Mayor Pro Tem Buffa, to approve the Air Quality Approved AQIP Investment Program (AQIP), authorizing the payment of $34,500.00 triennially. `197' i9/ t Council Member Hornbuckle opposed the motion because she did not approve of paying the money. Council Member Monahan countered with the fact that anywhere from $75,000.00 to $120,000.00 would, be saved over the three-year period. Council Member Genis noted that if the law were changed, the City would not receive a rebate. She expressed an interest in old vehicle scrapping and felt that the City could perhaps benefit by $15,000.00 a year. The City Manager suggested adding to the substitute motion a clause which would allow the City to pay on an annual basis in the event that SCAQMD would not warranty a complete refund for the third year if the rule expires. The maker of the substitute motion agreed to this addition, and the seconder concurred. The substitute motion carried 3-2, Council Members Hornbuckle and Genis voting no. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to Govern- REPORT/Request ment Code Section '54956.9(a) to discuss Patrick P. Tocher, doing for Closed Session: business as Pacific Coast Motoring, and Michael R. Coulter, doing Tocher and Coulter business as All City Transport v. City of Costa Mesa, et al., United V. City States District Court Case No. SACV-96-366 GLT (EEx). Mayor Erickson suggested that this item be discussed in open session, and the Council concurred. MOTION A motion was made by Council Member Monahan, seconded by Granted Request for Mayor Pro Tem Buffa, and carried 5-0; to grant the request to Defense defend the Chief of Police, City Attorney, former Deputy City Attorney; and Police Officer, as outlined in the Assistant City Attorney's confidential memorandum dated May 2, 1996. CITY MANAGER'S A resolution establishing a new job classification of Master Police REPORT/Master Officer at Salary Range 200 pursuant to the terms and conditions of Police Officer the 1994-1996 Costa Mesa Police Association Memorandum of Classification Understanding, was presented. The Personnel Analyst summarized the Agenda Report dated April 29, 1996. The Police Lieutenant responded to questions by explaining that this position is an old position renamed with different responsibilities. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Adopted Resolution Hornbuckle, and carried 5-0, Resolution 96-44, A RESOLUTION 96-44 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING RESOLUTION NO. 95-99 BY ESTABLISHING THE NEW CLASSIFICATION OF MASTER POLICE OFFICER FOR THE JOB CLASSIFICATIONS REPRESENTED BY THE COSTA MESA POLICE ASSOCIATION, was adopted. COUNCIL Council Member Monahan invited Council Members and members COMMENTS/St. of the audience to the annual carnival at St. Joachim's parish on Joachims Carnival May 17, 18, and 19, 1996. Canyon Park Council Member Hornbuckle noted that the Canyon Park Home Home Tour Tour, held after the Canyon Park cleanup, was a success and very popular. 1913 Pomona Avenue Mayor Erickson reported that earlier in the evening he had been Mini -Mart notified by the attorney that the Alcoholic Beverage Control (ABC) hearing for the mini -mart at 1913 Pomona Avenue, Costa Mesa was not a public hearing. He asked the City Attorney to investigate and advise him of the disposition so 'that he could contact interested parties. The Deputy City Manager reported that the ABC had not 11 yet set the hearing date but have indicated that the hearing may be in Sacramento. ADJOURNMENT The Mayor declared the meeting adjourned at 11:20 p.m. Mayr of the City of Costa Mesa ATTEST: T Deputy City rk of the City of Costa Mesa