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HomeMy WebLinkAbout05/20/1996 - City Council'200 REGULAR MEETING OF THE CITY COUNCIL . CITY OF COSTA MESA MAY 20, 1996 The City Council of the City of Costa Mesa, California, met in regular session May 20, 1996, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag led by Council Member Hornbuckle, and invocation by the Reverend Diana Heath, Orange Coast Unitarian Universalist. ROLL CALL Council Members Present: Mayor Joe Erickson Mayor Pro Terri Peter Buffa Council Member Mary Hornbuckle Council Member Sandra Genis (arrived at 6:35 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 Transportation Services Manager Peter Naghavi Assistant Finance Director Marc Davis Police Sergeant Allen Huggins Associate Planner Carol Proctor Management Analyst Irma Hernandez Deputy City Clerk Mary Elliott MINUTES A motion was made by Mayor Pro Tem Buffa, seconded by Council May 6, 1996 Member Hornbuckle, and carried 4-0, Council Member Genis absent, the minutes of the regular meeting of May 6, 1996, were approved. 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. PRESENTATION Canella Jaeger, 2048 Phalarope Court, Costa Mesa, representing Estancia High School Estancia High School, reported that the Senior Prom was held on Report May 17 in Long Beach, and the Associated Student Body raised $1,700.00 to offset the cost. She listed the following upcoming events: a Red Cross Blood Drive on Wednesday, May 22, from 7:45 a.m. until 1:00 p.m.; the Awards Banquet on June 4; a Hawaiian dance on June 7; and the Senior breakfast, graduation, and grad night on June 18. Ms. Jaeger announced that "She Loves Me" is the title of the spring musical which will be held May 30, 31, and June 1, at Newport Harbor High School, and tickets may be purchased in advance by calling 557-2600; and the drama team received numerous awards at the Orange County Theater Festival. 1 PRESENTATION Mayor Erickson presented a letter of appreciation to Jackie Gillis, Neighborhood Watch 448 Magnolia Street, Costa Mesa, in recognition of her efforts in Coordination coordinating 18 Neighborhood Watch meetings. Council Member Genis arrived at 6:35 p.m. ORAL COMMUNI- Janice Davidson, 1982 Arnold Avenue, Costa Mesa, addressed the CATIONS/Someone Someone Cares Soup Kitchen's relocation to the Seventh-Day Cares Soup Kitchen Adventist church in the area of Hamilton Street and Meyer Place, stating that today at lunchtime she did not observe any families, only 11 men lying around the area. She reported on a "home evasion" in the area, and felt that the City was not taking positive steps to improve the situation. Handicap Modifica- Mayor Erickson advised that he had met with Greg Brown, 2501 tions Christopher Lane, Costa Mesa, who had given him a letter which contained the following information. Mr. Brown expressed appreciation to the City for instituting handicap modifications for disabled residents in power wheelchairs; however, had noted several accidents caused by disabled persons driving too close to the side of a curb cut. He suggestedthat the application of a high intensity color stripe on the sides of the curb cut would increase visibility, and proposed . a pilot program at the intersections of Harbor Boulevard/Fair Drive, Harbor Boulevard/Hamilton Street, and Fairview Road near the Orange Coast College gymnasium. 'Mr. Brown reported that Enriching, Inc., had volunteered to provide -the paint and labor to effect this improvement, and asked for Council approval. The City Manager confirmed that he would follow-up with Public Services, in conjunction with Mr. Brown and the Access Appeals Board, to prepare a report for Council within 30 days. Council Member Hornbuckle proposed moving quickly on this item, and the City Manager responded that this could be accomplished if there are no liability aspects. Assembly Bill 29 Heather Somers, 427 East 17th Street, Costa Mesa, reported that Assembly Bill 29, as reported in The Register, would endow local government with the power to limit public access to records, possibly increase taxes, and violate Proposition 13 which stipulates that only voters can pass local tax increases. She suggested that these records could be added to the Internet for a minimal cost, and encouraged Council and the public to contact legislators asking them to withdraw support of AB 29. ANNOUNCEMENT Mayor Erickson announced that a recommendation was received to withdraw Public Hearing No. 1, Open cutting of pavement and slurry seal surfaces within the public right-of-way. CONSENT On motion by Mayor Pro Tem Buffa, seconded by Council Member CALENDAR Hornbuckle, and carried 5-0, the Consent Calendar was approved as MOTION/Approved recommended. WRITTEN COMMU- Resolution 96-45, A RESOLUTION OF THE CITY COUNCIL OF NICATIONS/Adopted THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING Resolution 96-45 RECORDS DESTRUCTION FOR THE POLICE DEPARTMENT Authorizing Police OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE Records Destruction NO. 75-60, was adopted. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Clifford Bunney; Meredith Crane -Smith; Stan A. Grombchevsky; Kimberly Marie '. . 2®2 Public Utilities Commission Hammett; Garret Glen Jacobs; and Southern California Edison Company. Applications filed with the Public Utilities Commission: (a) Southern California Gas Company Application No. 96-04- 044, requesting a rate increase. of $1,635,800.00 for shareholder incentives for -certain 1994 and 1995 emergency conservation program accomplishments. (b) Southern California Edison Company (U 338-E) Application No. 96-05-009, for authority to increase revenue require- ments due to 1996 earnings claim for demand-side manage- ment programs. (c) Amendment No. 3 to Pacific Bell (U 1001 C) Application No. 95-12-043, for authority to increase and restructure certain rates of its integrated services digital network services. (d) Odyssy Coach application, for authority to operate as a passenger stage corporation between points from Anaheim hotels to Newport Beach Fashion Island. WARRANTS Warrant Resolution 1624, funding City operating expenses in the Approved Warrant amount of $1,805,441.63; and Payroll 9609 for $1,343,981.14. were 1624; Payroll 9609 approved. REJECTED CLAIMS The following claims were rejected: Heberden Donald and Beverly Heberden (contractor damaged water line). Melnyk Richard Melnyk (arrested by Costa Mesa police). Pacific Bell Pacific Bell (contractor damaged telephone cable). Pulizzi Leonard Pulizzi (contractor damaged lawn mower blade). Seward Joy L. Seward (slip and fall at TeWinkle Park). ADMINISTRATIVE Bids for Bid Item No. 989, Purchase of One New Line Striper, are ACTIONS/Awarded on file in the City Clerk's office. The contract was awarded to Bid 989, Line Striper, Morton Traffic Markings, 2490 Ewald Avenue Southeast, Salem, to Morton Traffic Oregon, for $146,109.00. Awarded Traffic Bids for CALTRANS' (California Department of Transportation) Signal Communication Traffic Signal Communication Link, Project No. 96-06, are on file Link, Project No. in the City Clerk's office. The contract was awarded to Moore 96-06, to Moore Electrical Contracting, Inc., 463 North Smith Avenue, Corona, for Electrical $43,900.00. Approved Agreement Agreement No. 184 between the City and Coast Community College with Coast Commun- District, 1370 Adams Avenue, Costa Mesa, in an amount not to ity College for exceed $56,000.00, to provide customized computer training for Computer Training City employees, was approved, and the Finance Director was authorized to sign on behalf of the City. PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued Permits for Work on from the meeting of April 15, 1996, to consider an ordinance City Streets amending Paragraph 7 of Section 15-13, Title 15, of the Costa Mesa Municipal Code concerning conditions consistent with City Council 1 �O3 Policy No. 200-1 for permits allowing work on City streets, in conjunction with open cutting of newer pavement and newer slurry seal surfaces within the public right-of-way. Communications were received from the Building Industry Association of Southern California, Inc., Orange County Chapter, 9 Executive Circle, Suite 100, Irvine; Pacific Bell, 200 West Harbor Place, Room 825, Anaheim; and AT&T, 4460 Rosewood Drive, Pleasanton, supporting the recommendation to withdraw the item. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Hornbuckle, seconded by Mayor Pro Withdrawn Tem Buffa, and carried 5-0, this item was withdrawn. The Police Sergeant felt that the application should be denied based on past experience with similar establishments at the same location. He observed that a similar establishment, the Thunderbird located in Newport Beach, was owned by the applicant and was a major source of problems for the Newport Beach Police Department. Marianne Eckhoff, Supervising Investigator, Alcoholic Beverage Control (ABC), addressing problems with the Thunderbird, provided the following report: the license was issued in November, 1994, to a corporation called Hurley's Roadhouse, Inc., doing business as the Thunderbird, 3505 Via Oporto, Newport Beach; the ABC filed four accusations against the license before the business closed in April, 1996; restrictions were placed on the license due to the history of the location; and the ABC ,District Supervisor ultimately recommended revocation because' -the total sum of the violations showed a disregard for the conditional license. She assured Council that the proprietors for the proposed application are identical to those who operated the Thunderbird. Michael Montgomery, attorney. with Harper and Burns, 453 South Glassell Street, Orange, representing the appellant, directed comments to the Agenda Report, and responded to the ABC representative by stating that only two violations at the Thunderbird were sustained. He felt that the modifications suggested would meet the City's code requirements and entitle the applicant to the permit. Council Member Hornbuckle mentioned that the communications from the public utility companies had complimented the cooperative spirit of the Public Services Department. PUBLIC HEARING The Deputy City , `Clerk announced the public hearing, continued Appeal of PA -96-16, from the meeting of May 6, ,1996, to consider an appeal of the 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 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 Determi- nation: Exempt.. The Associate Planner reviewed the Agenda Report dated May 9, 1996, noting that the only major change reflected in the material recently submitted by the applicant was the closing hour which was revised from 2:00 a. m. to 11:00 p. m. She reported that the intensity of the uses would remain the same for live entertainment and dancing, on-site parking would still be inadequate, and the bona fide restaurant status is questionable. The Police Sergeant felt that the application should be denied based on past experience with similar establishments at the same location. He observed that a similar establishment, the Thunderbird located in Newport Beach, was owned by the applicant and was a major source of problems for the Newport Beach Police Department. Marianne Eckhoff, Supervising Investigator, Alcoholic Beverage Control (ABC), addressing problems with the Thunderbird, provided the following report: the license was issued in November, 1994, to a corporation called Hurley's Roadhouse, Inc., doing business as the Thunderbird, 3505 Via Oporto, Newport Beach; the ABC filed four accusations against the license before the business closed in April, 1996; restrictions were placed on the license due to the history of the location; and the ABC ,District Supervisor ultimately recommended revocation because' -the total sum of the violations showed a disregard for the conditional license. She assured Council that the proprietors for the proposed application are identical to those who operated the Thunderbird. Michael Montgomery, attorney. with Harper and Burns, 453 South Glassell Street, Orange, representing the appellant, directed comments to the Agenda Report, and responded to the ABC representative by stating that only two violations at the Thunderbird were sustained. He felt that the modifications suggested would meet the City's code requirements and entitle the applicant to the permit. E= Mr. Montgomery maintained that the ABC and the Newport Beach Police Department' were biased and that the matter has become personal. He defined special occasion banquet facilities as catering to events such as weddings, and graduation, anniversary, and birthday parties, and noted that the available hours would be 11:30 a.m. to 11:00 p.m., regardless of the occasion. Maryann Cazzell, Cazzell & Associates, 4341 East Chapman Avenue, Suite 200, Orange, attorney for George W. Smith Enterprises, Inc./Answer Network/Telephone Answering Bureau, 1666 Newport Boulevard, Costa Mesa, which is immediately southwest of the subject property, explained that her client's business contained an extensive amount of electronic communications equipment and is staffed around the clock. She expressed concern regarding the present condition of the premises. Joe Chiapuzzi, spokesperson for El Nido Trailer Park, 1640 Newport Boulevard, Costa Mesa, located approximately 75 yards from the subject site, stated that he did not oppose the opening of a restaurant but detailed problems encountered with the previous establishment such as parking, noise, and the general nuisance created by the patrons. Heather Somers, 427 East 17th Street, Costa Mesa, pointed out that Exhibit "B" to the resolution, "Recommended Conditions, If Approved", Item 17, should be corrected to reflect, "The business shall not be open after 11:00 p.m." She observed that according to the ABC and the Costa Mesa Police Department, this is a high ratio area for both on- and off -sale liquor licenses, and together with the fact that the parking situation has not been addressed, supported denial of the application. Michael Montgomery responded to Council's questions by stating that his client would follow ABC rules; the request for valet parking has been withdrawn; the request for use of live entertainment has been withdrawn; and dancing would be retained as an ancillary, not primary, use on a 512 square -foot dance area as previously stipulated. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Hornbuckle, seconded by Adopted Resolution Mayor Erickson, and carried 5-0, to uphold the Planning 96-46 Commission's decision by adopting Resolution 96-46, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DENYING PLANNING ACTION PA -96-16 AND ZONING ACTION ZA-96-05. Council Member Hornbuckle explained that she had serious concerns about the project based on histories of the site, use, and the appellant. Council Member Monahan supported the motion and advised the appellant that he can apply to operate a bona fide restaurant, without dancing or live entertainment, and not be required to obtain a conditional use permit. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Security Signs in set for the public hearing to consider an ordinance amending Public Right -of -Way Sections 13-952 and 13-968(c) of the Costa Mesa Municipal Code to allow private security company identification signs in the public rights-of-way; and Council policy for review of allowing private security company identification signs in the public rights-of-way. 1 The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Deputy City Manager summarized the Agenda Report dated May 9, 1996. There being no speakers, the Mayor closed the public hearing. MOTION/Ordinance On motion by Mayor Pro Tem Buffa, seconded by Council Member 96-5 Given First Genis, and carried 5-0, Ordinance 96-5, AN ORDINANCE OF THE Reading; Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- Council Policy FORNIA, AMENDING SECTIONS 13-952 AND 13-968(C) OF THE COSTA MESA MUNICIPAL CODE TO ALLOW PRIVATE SECURITY COMPANY IDENTIFICATION SIGNS IN THE PUBLIC RIGHTS-OF-WAY, was given first reading and passed to second reading; and the Council policy was adopted, with the revision that future requests of this nature will be reviewed and final action taken by the Planning Commission, with the right to appeal to the City Council. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Annual Review of set for the public hearing to consider the Annual Review of City - Citywide Traffic wide Traffic Impact Fees; the revised traffic impact fee study; a Impact Fees resolution reconfirming or revising the existing fee of $200.00 per average daily trip end (ADT) as the City's traffic impact fee (Three additional options are provided in the fee study including a maximum fee of $284.00 per ADT.); and annual accounting of the Citywide traffic impact fee program. The Affidavit of Publication is on file in the City Clerk's office. A communication was received from George Sakioka, Sakioka Farms, 14850 Sunflower Avenue, Santa Ana, requesting a two-week continuance. MOTION, On motion by Mayor Pro Tem Buffa, seconded by Council Member Continued to Monahan, and carried 5-0, the public hearing was continued to the June 17, 1996 meeting of June 17, 1996, as requested by staff. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Abandoned Shopping set for the public hearing to consider a resolution establishing the fee Carts for collection, storage, and disposition of abandoned shopping carts Citywide. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Management Analyst reviewed the Agenda Report dated May 10, 1996. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Hornbuckle, seconded by Mayor Pro Adopted Resolution Tem Buffa, and carried 5-0, Resolution 96-47, A RESOLUTION 96-47 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, and the City Manager was authorized to sign the negotiated contract on behalf of the City. Council Member Hornbuckle added that the program instituted by Lucky Markets, wherein the shopping cart wheels have a protective barrier which will not allow the cart outside of the parking lot, seems quite successful, and encouraged other stores to investigate this type of control. OLD BUSINESS The Deputy City Clerk presented from the meeting of May 6, 1996, Agreement with East a one-year extension of the agreement with East Edinger Medical Edinger Medical Center, 1619 East Edinger Avenue, Santa Ana, to provide medical Center services to the City. The City Manager summarized the Agenda Report dated May 15, 1996. 206 MOTION/One-year On motion by Council Member Hornbuckle, seconded by Mayor Pro Extension Approved Tem Buffa, and carried 5-0, the one-year extension of the agreement was approved. Council Member 'Genis supported the motion but expressed disappointment with staff's performance in this matter, specifically the two years it took to institute a monitoring program despite repeated concerns expressed by herself. OLD BUSINESS The Deputy City Clerk presented from the meeting of May 6, 1996, Taxicab Regulation 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 certificate programs. The Assistant Finance Director summarized the Agenda Report dated May 8, 1996. MOTION On motion by Council Member Monahan, seconded by Mayor Pro Ordinance 96-6 Tem Buffa, and carried 5-0, Ordinance 96-6, AN ORDINANCE OF Given First Reading THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING ARTICLE 16, OF CHAPTER II OF TITLE 9 OF THE COSTA MESA MUNICIPAL CODE RELATING TO REGULATION OF TAXICABS, was given first reading and passed to second reading; and a finding was made that the City of Newport Beach and City of Santa Ana Taxicab certificate programs are consistent with Article 16 of Chapter II of Title 9 of the Costa Mesa Municipal Code. Council Member Monahan expressed appreciation to the Finance Department staff for their efforts. OLD BUSINESS The Deputy City Clerk presented from the meeting of May 6, 1996, Request from Sav On a request for determination of public convenience and necessity for ABC License from Richard B. Lloyd, Castillo Company, Inc., on behalf of American Stores Properties, Inc./Sav-On drug stores, 2701 Harbor Baulevard, Costa Mesa, to obtain a new Type 21 off -sale beer, wine, and distilled spirits alcoholic beverage license. The Deputy City Clerk/Development Services summarized the Agenda Report dated May 9, 1996.' Paulette Dewire, Assistant Secretary, American Drug Stores, 1500 South Anaheim Boulevard, Anaheim, reported that Sav On has taken measures to ensure that they are responsible alcoholic beverage handlers, and their policies are more stringent than State law. She added that Sav On has volunteered instituting conditions to protect the neighborhood such as not selling 12 -ounce bottles, individual wine coolers, fortified wines, nor, keg beer. MOTION/Made A motion was made by Council Member Monahan, seconded by Finding of Public Mayor Pro Tem Buffa, and carried 5-0, to make a finding of public Convenience and convenience and necessary for the Sav On store at 2701 Harbor Necessity Boulevard. OLD BUSINESS The Deputy City Clerk presented a request from Shalimar Drive, 18th and James Street James Street, and 18th Street Apartment Owners Association for Alleys reconsideration of Council's decision on May 6, 1996, concerning rehabilitation of Alley Nos. 1 and 2. The City Attorney reviewed the Agenda Report dated May 14, 1996. Roger Gooding, 745 James Street, Costa Mesa, reported that 19 out of the 20 buildings on Alley No. 2 (one building is in foreclosure) have verbally committed to making the improvements, with several deposits already secured. Mayor Erickson stated that the City is participating by paying for the plans and waiving the permit fees. Chet Cawthon, 1029 Presidio Drive, Costa Mesa, stated that all but four of the buildings along Alley No. 1 have committed to the improvements, two are going into foreclosure, and asked for the City's assistance in 'convincing the remaining two to participate. Carm Gullo, 17220 Newhope Street, No. 224, Fountain Valley, related that each property owner is paying $3,500.00 for a total of $70,000.00, and asked the City's assistance with the Civic Center Barrio Corporation's portion of the work. MOTION/Set for A motion was made by Mayor Pro Tem Buffa, seconded by Council Reconsideration Member Monahan, and carried 5-0, to reconsider this item at the on June 3, 1996 meeting of June 3, 1996. Council Member Genis suggested that the property owners have their checks written before the meeting of June 3, 1996. NEW BUSINESS The Deputy City Clerk presented a request for speed hump Paularino Avenue installation on Paularino Avenue between Fairview Road and Babb Speed Humps Street. Communications were received opposing the speed humps from a concerned citizen; and Paul and Sandra Licata, 996 Springfield Street, Costa Mesa. The Transportation Services Manager reviewed the Agenda Report dated May 6, 1996, reported that two telephone calls had been received, one in support and one opposed to the speed humps. The following Costa Mesa residents spoke in support of the installing the speed humps: Roland Wood, 1079 Cheyenne Street, member of the Board of Directors, Mesa North Homeowners Association; Deborah Rector, 1159 Paularino Avenue; Barbara Gularte, 1147 Paularino Avenue; Joanna Linden, 3045 Fillmore Way, No. 168; Stan Brown, 1023 Cheyenne Street, President of the Mesa North Homeowners Association; Roger Chadderdon, 980 Paularino Avenue; the resident at 3045 Harding Way; and the resident at 3045 Harding Way. The following Costa Mesa residents opposed the speed humps: Bill Schaaf, 1108 Carson Street; Avinash Apte, 952 Denver Drive; Robert Barnett, 3070 Hayes Avenue; the resident at 1126 Paularino Avenue; and David Updegraff, 3040 Grant Avenue; Inez Diaz, 960 Paularino Avenue, Costa Mesa, supported further investigation into the benefit of the speed humps before making a decision. The resident at 968 Lansing Lane, Costa Mesa, thought that more consideration should be given to other areas of the neighborhood. Dan Worthington, 2963 Mindanao Drive, shared several observations regarding the installation of speed humps. Heather Somers, 427 East 17th `:Street, Suite 307, Costa Mesa, President of the East Side Homeowners Association, suggested that staff compare the traffic study conducted on the east side of Costa Mesa to this north side area. Motion to Install A motion was made by Council Member Hornbuckle, seconded by Speed Humps Mayor Erickson, to install the speed humps based on the fact that all Withdrawn of the guidelines are met and the petition qualifies. After discussion, Council Member Hornbuckle withdrew her motion. Mayor Pro Tem Buffa did not support the motion because he was not convinced that speed humps are the answer to the problem. He felt that more information should be provided before a decision is made, and proposed investigating the possibility of instituting specialized enforcement tactics. Mayor Erickson supported the motion, commenting that the impact of diverting traffic from Paularino Avenue would occur on Baker Street as opposed to adjacent residential streets. Council Member Genis remarked that many of the property owners affected by the speed humps had not signed the petition, and was disappointed that the stop sign idea was dismissed. Council Member Monahan did not support the motion due to problems encountered with speed humps, and encouraged the consideration of alternative solutions. MOTION A motion was made by Mayor Pro Tem Buffa, seconded by Council Continued to Member Genis, and carried 4-1, Mayor Erickson voting no, to direct June 3, 1996 staff to prepare a brief and understandable list of alternatives to be considered at the meeting of June 3, 1996. RECESS The Mayor declared at recess at 8:55 p.m., and reconvened the meeting at 9:10 p.m. NEW BUSINESS The Deputy City Clerk presented a request from Fairview Request to Waive Developmental Center, 2501 Harbor Boulevard, Costa Mesa, to Fees from Fairview waive fees for use of the City's Show Wagon at its annual Developmental Center Independence Day activities on July 2, 1996. The Community Services Director summarized the Agenda Report dated May 6, 1996. MOTION On motion by Council Member Hornbuckle, seconded by Mayor Pro Fee Waived Tem Buffa, and carried 5-0, the fees were waived pursuant to Council Policy No. 100-7 which includes pickup, delivery, and setup by City staff. NEW BUSINESS The Deputy City Clerk presented a request from Orange County Request from Orange Association for the Education of Young Children, 171 Virginia County Association Place, Costa Mesa, for reimbursement of $200.00 in park fees for for Park Fee use of Lion's Park for their "Day in the Park" event on April 27, Reimbursement 1996. The Community Services Director summarized the Agenda Report dated May 8, 1996. Council Member Hornbuckle reported that this group is a profes- sional organization for educators and is well-known throughout the County. She added that the group was unaware of the fee waiver process, and would prepare in advance prior to the next occasion. Council Member Genis thought that the fee should be waived only if the event were for the public, especially for people with children, not if it were staged for the group and their members. Council Member Hornbuckle responded that the event is open to the public at no charge, and each of the participating organizations sponsors an activity for children. She added that the refund, if approved, should be made out to Jan Harvey, the Program Chair who paid the fee from personal funds. Council Member Genis suggested coordinating next year's event with the Canyon Park Cleanup. MOTION/Approved On motion by Mayor Pro Tem Buffa, seconded by Council Member Reimbursement Monahan, and carried 5-0, reimbursement was approved. NEW BUSINESS The Deputy City Clerk presented a request from Sirius Theatre, Request to Waive 2870 Tabago Place, Costa Mesa, to waive fees for use of a portion Fees from Sirius of TeWinkle Park during the month of July to present productions Theatre of Shakespeare at no cost to the public. The Community Services Director reviewed the Agenda Report dated May 8, 1996, noting that the theatre company has asked to relocate the activity to Marina View Park, a. two' 'and one -half -acre site at the end of 19th Street which has no off-street parking. Jeffrey Shaw, 2870 Tabago Place, Costa Mesa, Co -producing Director of the Sirius Theatre, declared that the theatre is a nonprofit organization, that the performances would create a positive way to bring the community together, citizens that could not afford an evening at the Performing Arts Center could enjoy this event, it would be a perfect family outing, and most of the board members are Costa Mesa residents. He explained that Marina View Park has an ample grassy area which is more conducive to picnicking prior to the performance and is also acoustically sound. He stated that he plans to make arrangements with the owners of the parking area at Placentia Avenue and 19th Street to use this space during the event. He responded to questions from Council by detailing various aspects of the operations. Mel Fleener, 1585 Riverside Place, Costa Mesa, was concerned about the level of amplified sound during the play and thought it would be a good idea to continue this item in order to notify neighbors in the vicinity of the park. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Continued to Monahan, and carried 5-0, this item was continued to the meeting June 3, 1996 of June 3, 1996. Council Member Hornbuckle mentioned that Lions Park had previously been used for this type of affair, and suggested that Mr. Shaw work with staff to determine an appropriate location. NEW BUSINESS The Deputy City Clerk, presented a request from "Operation Request for Fee`, Stitches", Post Office Box 8000, Costa Mesa, for a use permit and Waiver from waiver of fees for use of the Rea Community Center field area year - "Operation Stitches" round every Tuesday from 3:30 p.m. to 4:30 p.m. to conduct an for Rea Center after-school program. The Community Services Director reviewed the Agenda Report dated May 9, 1996, and explained that the request had changed to Wednesday afternoons. He reported that the soccer field closest to Meyer Place was available for considerably less money. Gary Garcia, 3700 South Plaza Drive, Santa Ana, described "Operation Stitches", an after-school program which offers underprivileged children alternatives through education. He reported that the program has been successful through assessment of needs, as well as providing food and clothing. He submitted pictures to Council, and added that this is a nonprofit organization. MOTION A motion was made by Council Member Hornbuckle, seconded by Approved Use Permit; Council Member Genis, and carried 5-0, to approve the use permit Waived Fees for and asking staff to work with the applicant to determine an Six Months appropriate location, to waive the fees for six months, to review the program at the end of that time, and to note that the program will be held on Wednesday afternoons. ;209- 210 NEW BUSINESS ' The Deputy City Clerk presented a request for a person-to-person Request for ABC transfer of a Type 48, on -sale general ABC (Alcoholic Beverage License Transfer, Control) license from Elizabeth Helguero, Newport Station, 1945 Helguero Placentia Avenue, Costa Mesa. The Deputy City Manager/ Development Services summarized the Agenda Report dated May 13, 1995. Mayor Erickson- asked that the protest letter be redrafted to include the provision that the hearing be held locally, rather than in Sacramento. Heather Somers, 427 East 17th Street, Costa Mesa, President of the East.Side Homeowners Association, supported the protest letter and volunteered to prepare a letter of support from the Association. She observed that the site under consideration is in a high on -sale area for liquor and is surrounded by a high -crime area. Mel Fleener, 1585 Riverside Place, Costa Mesa, supported the protest of the license since the licensee has not been responsible in the past. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Authorized Letter Genis, and carried 5-0, the Mayor was authorized to forward the of Protest letter of protest; requesting that the hearing be held locally. i NEW BUSINESS The Deputy City Clerk presented a request for a premise -to -premise Request for Premise- transfer of a Type 41, beer and wine, bona fide public eating place, to -Premise ABC ABC (Alcoholic Beverage Control) license from BTE Deli, Transfer from BTE relocating from 2300 Harbor Boulevard to 2200 Harbor Boulevard, Suite E-110, Costa Mesa. The Deputy City Manager summarized j the Agenda Report dated May 10, 1996. MOTION I On motion by Council Member Monahan, seconded by Mayor Pro Approved Transfer Tem Buffa, and carried 5-0, the transfer was approved. NEW BUSINESS The Deputy City Clerk presented a request for a person-to-person Request for Person- transfer of a Type; 20, off -sale beer and wine, ABC (Alcoholic to -Person ABC Beverage Control) license from T D Beer and Wine Market Transfer from T D (formerly California Stop Mini -Market), 600 West 19th Street, Beer and Wine Suites A and B, Costa Mesa. , The Deputy City Manager reviewed the Agenda Report dated May 10, 1996. Heather Somers, 427 East 17th Street, Costa Mesa, was in favor of protesting this application, citing that the location is in a high -crime area which has high on- and off -sale liquor sales. She reported that the Police Department has had a significant number of calls for service in that area which were directly related to alcohol use. MOTION A motion was made by Mayor Pro Tem Buffa, seconded by Council Authorize Letter Member Genis, to authorize the Mayor to sign and forward the letter Of Protest of protest, requesting that the hearing be held in Costa Mesa. Council Member Monahan objected to the statement in the last paragraph of the protest letter which read, "...we also seek reconsideration of license transfers for businesses which are detrimental to the surrounding community." He expressed concern that there was not a ;significant amount of information regarding the applicant to make the decision to protest, and, therefore, opposed the motion. Council Member Genis reported that she had received complaints from residents in the area regarding problems at this particular location. The City Attorney stated that specific grounds are required in order for the protest letter to be taken seriously and not overruled by the ABC. SUBSTITUTE A substitute motion was made by Council Member Hornbuckle, MOTION seconded by Council Member Genis, and carried 5-0, to continue Continued to this item to the meeting of June 3, 1996; to ask the Police June 3, 1996 Department to investigate the crime history at this particular store, and if precise information is not available, to investigate the mall in which the store is located; and to conduct a background investigation of the applicant. The Deputy . City Manager pointed out that the ABC requires a response within 30 days of their mailed notice, and this notice is dated May 3, 1996. He volunteered to forward a letter requesting a delay. Council Member Monahan suggested that, in the future, a protest letter be accompanied by supporting information. NEW BUSINESS The Deputy City Clerk presented the Business Improvement Area Business Improve- (BIA) Reauthorization: .ment Area Reauthorization Annual BIA report for fiscal year 1995-1996. Resolution of Intention finalizing the Business Improvement District (BID) assessment district boundaries, approving the BID budget, confirming the BID advisory board, and setting a public hearing on June 3, 1996, at 6:30 p.m. The Management Analyst summarized the Agenda Report dated May 10, 1996. Emmett Steed, Red Lion Hotel, 3050 Bristol Street, Costa Mesa, President of the Costa Mesa Tourism and Promotion Council, presented the annual report by relating that the BIA supports inclusion of the entire City as a benefit zone, and supports the one percent assessment on the seven hotels; claims credit for the occupancy tax increase of approximately 12 percent on an annual basis; and has expenses less than their income and will carry over surplus funds to next year as they continue to promote the City. He recognized other members of the Tourism Council. MOTION On motion by Council Member Monahan, seconded by Council Approved Report Member Hornbuckle, and carried 5-0, the annual BIA report was approved. MOTION On motion by Council Member Monahan, seconded by Council Adopted Resolution Member Hornbuckle, and carried 5-0, Resolution 96-48, A 96-48 Setting a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Hearing on COSTA MESA, CALIFORNIA, ON THE INTENTION TO June 3, 1996 ESTABLISH A BUSINESS IMPROVEMENT AREA FOR CITY OF COSTA MESA HOTELS AND MOTELS, was adopted, setting a public hearing" on June 3, 1996, at 6:30 p.m. The City Manager acknowledged the participation of the Manage- ment Analyst from his office and the City Attorney in making this venture workable. NEW BUSINESS The Deputy City Clerk presented a request to fill vacancies on the Committee Vacancies following committees: Child Care and Youth Services Committee; Human Relations Committee; and the Access Appeals Board. The Management Analyst summarized the Agenda Report dated_ May 10, 1996. 212 MOTION/Appointed :On motion by Mayor Erickson, seconded by Mayor Pro Tem Buffa, Child Care Members land carried 5-0, Patti Smith, Christa J. Lawson, John Levere, Gay Geiser -Sandoval, and. Virginia Hill were appointed members, and Margaret A. Bentley, was appointed an alternate member, to the Child Care and Youth Services Committee, for a two-year term expiring in May, 1998. MOTION/Appointed On motion by Council Member Genis, seconded by Mayor Pro Tem Human Relation ;Buffa, and carried 5-0, Marti Barmore, Robert Kimmerle, John V. Members Depko, and Gail Perkins were appointed members, and Bettie A. Flick was appointed an alternate member to the Human Relations Committee, for a four-year term expiring in May, 2000. Council Member Genis supported the appointment of Costa Mesa ; residents as committee members. MOTION/Appointed On motion by Council Member Monahan, seconded by Council Access Appeals Member Genis, and carried 5-0, Mel Fleener was appointed an Board Member alternate member to the Access Appeals Board for a four-year period expiring in May, 2000. CITY ATTORNEY'S City Attorney's Report No. 96-39, a status report regarding the REPORT/Orange Orange County Bankruptcy, United States Bankruptcy Court Case County Bankruptcy No. SA 94-22272 JR, was presented and reviewed. No action was required. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORT/Request Government Code Section 54956.9(a) to discuss City of Costa Mesa for Closed Session: v. 32nd District Agricultural Association, Orange County Superior City v. 32nd Dis- ' Court Case Nos. 65-06-78, 65-06-79, and 65-90-79. Mayor trict Agricultural Erickson announced that closed session would be held at the Association conclusion of regular business. CITY MANAGER'S Budget Adjustment No. 96-63 for $20,000.00 for services in REPORT/Budget Ad- connection with negotiations for the Costa Mesa High School farm justment No. 96-63 site, was presented. The City Manager reviewed the Agenda Report for Farm Site dated May 16, 1996. MOTION 'On motion by Council Member Hornbuckle, seconded by Council Approved Adjustment ; Member Monahan, and carried 5-0, the adjustment was approved. CITY MANAGER'S 'A Joint Powers Agreement (JPA) Council of Governments (COG) REPORT ; was presented. Communications were received from Janet M. Joint Powers Agree- Huston, Executive Director, League of California Cities, 600 West ment with Council Santa Ana Boulevard, Santa Ana, which was a copy of a letter of Governments responding to issues raised by the Orange County Chapter, Building Industry Association of Southern California, regarding COG; and Building Industry Association, Orange County Chapter, 9 Executive Circle, Suite 100, Irvine, stating their concerns about formation of COG. The City Manager reviewed the Agenda Report dated May 16, 1996. Council Member Genis complimented the City Manager on his efforts regarding this item. Mayor Pro Tem Buffa supported the agreement but thought that the expectations had been greatly reduced. Heather Somers, 427 East 17th Street, Costa Mesa, asked if approval of COG is required from the Local Agency Formation Commission (LAFCO). The City Manager responded that the JPA does not require LAFCO permission, but requires a majority of cities with support from a majority of the population in the County for it to become effective. He answered another question by stating that there will be fewer agencies from which to delegate a representative which explains inclusion of certain members on the Board of Directors. Mel Fleener, 1585'Riverside Place, Costa Mesa, opposed creating another level,.of government. He observed that there are a number of agencies that already address the same issues which would be considered by the new agency. MOTION On motion by Council Member Genis, seconded by Council Member Approved JPA Hornbuckle, and carried 5-0, the JPA was approved, and the Mayor and Deputy City. Clerk were authorized to sign on behalf of the City. Council Member Hornbuckle commented that this action is not creating another level of government but eliminating the regional Advisory and Planning Council and replacing it with a more official body which can make recommendations that have some weight. Council Member Genis stated that a an organization such as COG is needed in order for the "bottom up" process to be effective. Mayor Pro Tem Buffa partially agreed with Council Member Hornbuckle but felt that the crucible would be whether or not the City remains a member of Southern California Association of Governments (SCAG) in which case COG would not be needed. COUNCIL Mayor Erickson congratulated over 1,500 young persons who COMMENTS/Lion's participated in the Lion's Club Soccer Tournament which took place Soccer Tournament at almost every school yard in town. Memorial Day Council Member Hornbuckle asked if a Memorial Day service was to. be held at Harbor Lawn Memorial Park. Mayor Erickson responded that he and the Mayor Pro Tem were attending this function on Monday from 11:00 a. m. to 12:00 p.m. ADJOURNMENT TO At 10:40 p.m., the Mayor adjourned 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 10:50 p.m., and the action RECONVENED taken during closed session was announced. MOTION In the matter of the City of Costa Mesa v. 32nd District Agricultural Direction Given in Association, Orange County Superior Court Case Nos. 65-06-78, 65 - City v. Agricultural 06-79, and 65-90-79, by a vote of 5-0, Council gave directions to District the City Attorney regarding settlement negotiations. ADJOURNMENT The Mayor declared the meeting adjourned at 10:55 p.m. M r of the City of Costa Mesa ATTEST: Deputy City erk of the City of Costa Mesa 213