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HomeMy WebLinkAbout06/03/1996 - City Council214 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JUNE 3, 1996 The City Council of :the City of Costa Mesa, California, met in regular session June 3, 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 Monahan, and invocation by Robert ;Van Sweden,Church of Jesus Christ of Latter -Day Saints. ROLL CALL � Council Members Present: Mayor Joe Erickson Mayor Pro Tem Peter Buffa Council Member Mary Hornbuckle Council Member Sandra Genis Council Member Gary Monahan 'Council Members Absent: None Officials Present: City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Development Services Donald Lamm Public Services Director William Morris Community Services Director Keith Van Holt Assistant to the City Manager Ann Gyben Management Analyst Irma Hernandez Deputy City Clerk Mary Elliott MINUTES On motion by Mayor Pro Tem Buffa, seconded by Council Member May 20, 1996 Monahan, and carried 5-0, the minutes of the regular meeting of May 20, 1996, were approved as distributed. ORDINANCES AND A motion was made by Mayor Pro Tem Buffa, seconded by Council RESOLUTIONS Member Genis, and carried 5-0, to read all ordinances and resolutions by title only. ANNOUNCEMENT Mayor Erickson announced that the following items have been Items Removed from removed from the Agenda: Old Business No. 7, Request from T D the Agenda Beerand Wine Market for transfer of a Type 20 Alcoholic Beverage Control (ABC) license; and New Business Item No. 3, An ordinance establishing a- procedure for restoration and disposal of lost and unclaimed: property held by the Costa Mesa Police Department. ORAL COMMUNI- Randall Kosecki, 687 Center Street, Costa Mesa, addressed several CATIONS code enforcement problems in his neighborhood including a profu- Center Street sion of unlicensed, nonregistered, illegally parked vehicles. He Code Enforcement reported that the residence at 1838 Pomona Avenue is unoccupied, Issues the weeds are overgrown, and the property is in a state of total-- disrepair. otal-_disrepair. Mr. Kosecki stated that the owner of 695 Center Street, who illegally parks his cars in the street, has approximately 15 rusted vehicles in his rear yard, along with ' an abundance of miscellaneous junk. He complained that his -attempts to contact code enforcement have proved futile. The City Manager responded that action will be taken on the aforementioned situaticns within 10 days. Fairview Road/ Roland Wood, 1079 Cheyenne Street, Costa Mesa, reported that a Paularino Avenue fatal accident had occurred at the intersection of Fairview Road and Traffic Signal Paularino Avenue, and asked that the timing of the signal be modi- fied to eliminate the instantaneous change to a green light by having a three -second, all -red delay on all the lights at that intersection. Harbor Shopping Mayor Erickson read a letter from Greg Brown, 2501 Christopher Center Traffic Signal Lane, Costa Mesa, which suggested that the green light at the Harbor Shopping Center and Harbor Boulevard be lengthened to allow handicapped pedestrians enough time to safely cross the street. Mayor Erickson proposed that Mr. Brown meet with the Public Services Director on Monday, June 10, 1996, at 3:30 p.m. to review this and other problem intersections. Fish Fry Parade Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, reported that residents are disappointed that the Fish Fry Parade has been dis- 19th Street Litter continued. He complained about the amount of trash on 19th Street sidewalks between Pomona and Placentia Avenues, primarily on the weekends, and suggested positioning trash cans in the area. Mayor ABC License for Erickson informed Mr. Pizarek that the City forwarded a letter to 1913 Pomona Avenue the ABC asking that the hearing on the convenience store at 1913 Pomona Avenue be held locally, not in Sacramento, and indicated that Mr. Pizarek would be notified of the hearing date. Neighbors -for- Larry Weichman, 1185 Boise Way, Costa Mesa, representing the Neighbors Cleanup Mesa North Homeowners Association, expressed appreciation for the Neighbors -for -Neighbors cleanup in north Costa Mesa. He asked Coolidge Avenue and that the City consider improving the City -owned alleys behind Fillmore Way Alleys Coolidge Avenue and Fillmore Way, noting that they had been patched but were still in need of permanent repair. Mayor Erickson replied that the City Manager would be presenting a brief overview of the City's Fiscal Year 1996-97 budget at the end of the meeting, including an announcement of the budget study sessions. Pothole Repair Dorothy Adams, 220 Amherst Road, Costa Mesa, reported that she has called the City regarding several potholes and was informed that the budget was low for this type of repair. The Public Services Director responded that potholes are repaired within 24 hours, 48 hours maximum. Mrs. Adams stated that according to the ABC, as of June, 1995, there are 305 ABC licenses in Costa Mesa. Mesa Consolidated Heather Somers, 427 East 17th Street, Costa Mesa, referred to a Water District June 3, 1996, article in the Register, commenting that the statistics on the Mesa Consolidated Water District are appalling, specifically the Board of Director's budget which is third highest in the County. She asked Council to reconsider consolidating the District with either the City or the Sanitary District. Council Member Genis observed that Assembly Bill 2109 (the Pringle Bill) has passed through the Assembly and will now be considered by the Senate; therefore, any concerns should be directed to a State Senator. CONSENT The following items were removed from the Consent Calendar: CALENDAR Item No. 8, Measure "M" Eligibility; and Item No. 11, Agreement with Katzmaier Newell Kehr to prepare the Fairview Park Master Plan. MOTION/Approved On motion by Council Member Hornbuckle, seconded by Council Except Items 8 and 11 Member Monahan, and carried 5-0, the remaining Consent Calendar items were approved as recommended. :. 21G READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Gerald N. Gengler; and Foster L. McMichael. Public Utilities Applications filed with the Public Utilities Commission: Commission (a) Revised Application No California Gas Company effective January 1, 1997. 96-03-031 from Southern concerning a rate amendment (b) Notice of Proposed Change in Rates from Southern California Gas Company for authority to impose a late payment charge for overdue gas bills. (c) Application No. 96-05-024 from Southern California Gas Company requesting an increase in rate of return. WARRANTS Warrant Resolution 1625, funding City operating expenses in the Approved Warrant amount of $1,133,199.65; and Payroll 9610 for $1,323,528.59, were 1625/Payroll 9610 approved. ADMINISTRATIVE A request from Children's Hospital of Orange County (CHOC), 455 ACTIONS/Approved South Main Street, Orange, to install 60 banners along Bristol and Banner Request for Bear Streets, Sunflower Avenue, Avenue of the Arts, and Town CHOC/Disneyland Center Drive, from September 20 through October 16, 1996, Community Walk promoting its sixth annual CHOC/Disneyland Community Walk, was approved. General Municipal The following action was taken in connection with the General Election Municipal Election - November 5, 1996: Adopted Resolution Resolution 96-49, A RESOLUTION OF THE CITY COUNCIL 96-49 Calling for a OF THE CITY OF COSTA MESA, CALIFORNIA, CALLING General Municipal AND GIVING NOTICE THAT A GENERAL MUNICIPAL Election ELECTION WILL BE HELD ON TUESDAY, NOVEMBER 5, 1996, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES, was adopted. Adopted Resolution Resolution 96-50, A RESOLUTION OF THE CITY COUNCIL 96-50 Requesting OF THE CITY OF COSTA MESA, CALIFORNIA, Consolidation with REQUESTING THE ORANGE COUNTY BOARD OF the Statewide General SUPERVISORS TO CONSOLIDATE A GENERAL Election MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 1996, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE, was adopted. Approved Agreements Agreements with Apple One Employment Services, 3940 South with Apple One and Bristol Street, Suite 208, Santa Ana; and PDQ Personnel Services, PDQ Personnel for Inc., 5900 Wilshire Boulevard, Suite 450, Los Angeles, to provide Temporary Personnel temporary personnel services, were approved. Awarded Bid Item Bids received for Bid Item No. 990, Photographic Film, Paper, and 990, Film, Paper, and Chemicals, are on file in the City Clerk's office. The contract was Chemicals, to awarded to Diversified Photo Supply, 2255A Jefferson Street, Diversified Photo Torrance, for an annual amount not to exceed $55,000.00. Awarded Project 96- Bids received for Project No. 96-07, Installation of Wall Covering 07, Wall Covering, at Costa Mesa Fire Station No. 4, 2300 Placentia Avenue, are on to Saunders and file in the City Clerk's office. The contract was awarded to McMillin Saunders and McMillin, Inc., 6390 Columbus Avenue, Riverside, for $7,087.00. Accepted Work by Replacement of Carpeting at Various Fire Stations, Project No. 95 - Metro Floor Covering 17, was completed to the satisfaction of the Public Services Director for Replacement of on March 27, 1996, by Metro Floor Covering, 1580 East Edinger Carpeting at Various Avenue, Unit J,. Santa Ana. The work was accepted; the Deputy Fire Stations, Project City Clerk was authorized to file a Notice of Completion; No. 95-17 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. Approved Change Or- Change Order No.,13 for $6,828.00 to the contract with Hillcrest der No. 3 to Hillcrest Contracting, Inc., Post Office Box 1898, Corona, for additional Contract for Doctors work required in connection with Project No. 95-16, Doctors Circle Circle, Project 95-16 Improvements, was approved. Measure "M" Item 8 on the Consent Calendar was presented: Measure "M" Eligibility Eligibility: Maintenance of Effort for Fiscal Year 1996-97; Seven- year Measure "M"/Capital Improvement Program; and Pavement Management Plan. Heather Somers, 427 East 17th Street, Costa Mesa, asked how the projects were selected, and stated that there are areas in the City in need of repair which have been omitted from the list. The Public Services Director responded that each year, the needs of the City are identified and placed into a seven-year program for future potential funding. He explained that there are a number of streets, usually residential, that will not qualify for Federal or State funding; however, they are covered under "Citywide Street MOTION Maintenance" on Page 4 of the Seven-year Capital Improvement Maintenance of Effort Program. On motion by Council Member Hornbuckle, seconded by Approved; Seven-year Mayor Pro Tem Buffa, and carried 5-0, Maintenance of Effort for Program Approved; Fiscal Year 1996-97 was approved; the Seven-year Measure Pavement Manage- "M"/Capital Improvement Plan was approved; and the Pavement ment Plan Certified Management Plan was certified. Agreement with Item 11 on the Consent Calendar was presented: Agreement with Katzmaier Newell Katzmaier Newell Kehr, 2728 Coast Highway East, Corona del Keht for Fairview Mar, for $117,400.00, to prepare the Fairview Park Master Plan; Park Master Plan; and Budget Adjustment No. 96-62 for $97,300.00. Mayor Pro Tem Budget Adjustment Buffa announced that he would abstain from the discussion and the No. 96-62 vote on this item. Robert Graham, 3252 Dakota Avenue, Costa Mesa, opposed making a commitment regarding the park without community input. He felt that the design firm should solicit input for incorporation into the Master Plan, and asked for further review before awarding a contract. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, stated that the area is well -used and should not be developed into a commercial park. Dorothy Adams, 220 Amherst Road, Costa Mesa, was in favor of retaining Fairview Park as a wilderness park. Dick Mehren, 1824 Kinglet Court, Costa Mesa, Chairman of the Fairview Park Committee, spoke in support of the Committee's actions regarding Fairview Park. 217 218 MOTION On motion by Council Member Genis, seconded by Council Member Continued to Monahan, and carried 4-0, Mayor Pro Tem Buffa abstaining, this June 17, 1996 item was continued to the meeting of June 17, 1996, for additional staff input. Council Member Genis did not believe that keeping the park in a natural state would keep people out. PUBLIC HEARINGS The Deputy City Clerk announced that this was the time and place set for the public hearings to consider the following: Landscaping Assess- A resolution levying an assessment for fiscal year 1996-1997 ment District No. 1 within City of Costa Mesa Landscaping Assessment District No. 1, located south of Sunflower Avenue and east of Smalley Road. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. Communications opposing the assessment were received from Thomas Sato, Marine Trading, Inc., 551-101 Pittsfield Court, Long Beach, owners of 1029 Secretariat Circle (Parcel No. 412-371-62) and 1030 Begonia Avenue (Parcel No. 412-371-68); Frank and Barbara Heller, 1014 Cannonade Circle, Costa Mesa; T. H. Bauer, 1014 Begonia Avenue, Costa Mesa; M. Z. and Vida Forontan, 1026 Damascus Circle, Costa Mesa; Dr. Daniel Werner, 1631 Sunflower Avenue, Santa Ana; Rex Hardesty, 1002 Poppy Circle, Costa Mesa; Nhiep Tang, M.D., 1006 Begonia Avenue, Costa Mesa; Kent and Vivian Stimson, 1013 Damascus Circle, Costa Mesa; and Tuyen Dinh, 1010 Begonia Avenue, Costa Mesa. Landscaping Assess- A resolution levying an assessment for fiscal year 1996-1997 ment District No. 2 within City of Costa Mesa Landscaping Assessment District No. 2, located at the northwest corner of Bear Street and the Corona del Mar Freeway. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. A communication was received from Jay and Julie Arcemont, 3089 Klondike Avenue, Costa Mesa, opposing the assessment. The Community Services Director summarized the Agenda Report dated May 13, 1996. Kevin Baker, 3081 Klondike Avenue, Costa Mesa, protested the proposed levy and showed photographs of District No. 2, indicating that the weeds are three to four feet high. He reported that the District is a greenbelt surrounding 41 houses and has been in poor condition for at least seven years. Mr. Baker suggested that the property owners be allowed to administer the contract. The Community Services Director replied that no water source exists in this area of Yukon Circle; however, the weeds are cleared every year. Council Member Hornbuckle suggested conferring with the contractor, to ascertain whether low water use plants, similar to those on Victoria Street, could be used. She recommended that during the next year, staff investigate the possibility of handling the districts in some other manner. There being no other speakers, the Mayor closed the public hearings. MOTION On motion by Council Member Hornbuckle, seconded by Council Adopted Resolutions Member Genis, and carried 5-0, the following resolutions were 96-51 and 96-52 adopted, and staff was directed to work with the contractor to 9 21.9 improve the condition of the aforementioned landscaping on Yukon Circle: Resolution 96-51, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, LEVYING AN ASSESSMENT FOR FISCAL YEAR 1996-1997 WITHIN CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT NO. 1. Resolution 96-52, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, LEVYING AN ASSESSMENT FOR FISCAL YEAR 1996-1997 WITHIN CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT NO. 2. Mayor Pro Tem Buffa clarified that staff should contact the contractor to look at the Yukon Circle problem as soon as possible, noting that it is a separate issue from the assessment district and the City should not be charged. Council Member Monahan asked for the record how many protest letters were received. The Deputy City Clerk replied that nine were received for District No. 1, and one for District No. 2. Council Member Monahan supported the motion but would have preferred a two-week continuance in order to review the parcels, to give staff the opportunity to show where the boundaries would be located if the land were deeded back to the property owners, and to give the property owners an opportunity to take care of that property. He asked that staff prepare a more in-depth study for next year. Council Member Genis asked that staff investigate the increase in water usage. The City Manager proposed that staff and the contractor coordinate with Mr. Baker and his committee on any revised landscape plan prior to next year's hearing. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Costa Mesa Tourism set for the public hearing to consider an ordinance levying an and Promotion assessment for fiscal year 1996-97 for the Costa Mesa Tourism and Council Promotion Council. 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 28, 1996. Raymond Cutler, 2274 Newport Boulevard, Costa Mesa, General Manager of the Sea Lark Motel, expressed the desire to be included in the assessment and become a part of the program, MOTION/Approved A motion was made by Council Member Hornbuckle, seconded by Expanded Boundaries; Council Member Genis, to approve the expansion of the district Ordinance 96-7 Given boundaries to include the Sea Lark Motel in the program, pending First Reading written confirmation from the property owner and/or his authorized agent, and to give first reading to Ordinance 96-7, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,- TO ESTABLISH A BUSINESS IMPROVEMENT AREA FOR CITY OF COSTA MESA HOTELS AND MOTELS. Council Member Hornbuckle stated that her reasons for the motion were because the assessment district includes the entire city and was established initially with the hotels and motels who had requested to be included in the district; the assessment is now self-imposed and is to be used for the operations of the Tourism and Promotion Council; and the Sea Lark Motel has asked to be included within the boundaries of the Business Improvement Area. 224 The City Attorney volunteered to prepare a report in response to Mayor Pro Tem Buffa's question concerning a requirement for the committee to purchase products and services from vendors located ,in Costa Mesa, assuming that there is no more than a five percent price differential. He noted that this issue could be addressed in the contract with the Tourism and Promotion Nonprofit Corporation and does not necessarily need to be tied to the assessment ordinance. Council Member Hornbuckle felt that the major difficulty with adding a motel at this time would be the printed material that has already been produced, especially the brochure. Council Member Monahan preferred postponing a decision until after the next meeting of the Tourism and Promotion Council (including the representative from the Sea Lark Motel). Substitute Motion to A substitute motion was made by Council Member Monahan to Continue to June 17,. continue this item to the meeting of June 17, 1996. The motion died 1996, Died for lack of a second. The original motion carried 4-1, Council Member Monahan voting no. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Condemnation of set for the public hearing to consider a resolution finding and 2970 Harbor Boule- determining that the public interest and necessity require acquisition vard/Segerstrom, by eminent domain of 1,328 square feet of certain real property for Harbor Boule-- owned by C. J. Segerstrom and Sons, located at 2970 Harbor vard Improvement Boulevard, Assessor Parcel No. 418-101-04, for public use, and Project authorizing and directing condemnation for the improvement project on Harbor Boulevard, from Dale Way to Date Place; and City Attorney's Report No. 96-45. A letter was sent to the property owner as required by law. No communications were received. The City Attorney summarized his report dated May 28, 1996. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Hornbuckle, seconded by Council Adopted Resolution Member Monahan, and carried 5-0, Resolution 96-53, A 96-53 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY IN FEE, FOR STREET WIDENING, A PUBLIC PURPOSE, OF HARBOR BOULEVARD BETWEEN DALE WAY AND DATE PLACE, was adopted. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Condemnation of set for the public hearing to consider a resolution finding and 3029 Harbor Boule- determining that the public interest and necessity require acquisition vard/Persinger by eminent domain of 1,908 square feet of certain real property Trust, for Harbor owned by the Karen Persinger Trust, located at 3029 Harbor Boulevard Improve- Boulevard, Assessor Parcel No. 139-201-08, for public use, and ment Project authorizing and directing condemnation for the improvement project on Harbor Boulevard from Dale Way to Date Place; and City Attorney's Report No. 96-46. A letter was sent to the property owner as required by law. No communications were received. The City Attorney reviewed his report dated May 28, 1996. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Hornbuckle, seconded by Council Adopted Resolution Member Monahan, and carried 5-0, Resolution 96-54, A 96-54 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY IN FEE, FOR STREET WIDENING, A PUBLIC PURPOSE, OF HARBOR BOULEVARD BETWEEN DALE WAY AND DATE PLACE, was adopted. OLD BUSINESS The Deputy City Clerk presented from the meeting of May 20, Security Signs in 1996, second reading and adoption of Ordinance 96-5, allowing Public Rights -of -Way private security company identification signs in the public rights-of- way. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Adopted Ordinance Genis, and carried 5-0, Ordinance 96-5, AN ORDINANCE OF THE 96-5 CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, 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 second reading and adopted. OLD BUSINESS The Deputy City Clerk presented from the meeting of May 20, Taxicab Regulation 1996, second reading and adoption of Ordinance 96-6, relating to regulation of taxicabs. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Adopted Ordinance Genis, and carried 5-0, Ordinance 96-6, AN ORDINANCE OF THE 96-6 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 second reading and adopted. OLD BUSINESS The Deputy City Clerk . presented from the meeting of May 20, 18th and James Street 1996, a request from Shalimar Drive, James Street, and 18th Street Alleys Apartment Owners Association for reconsideration of Council's decision on May 6, 1996, .concerning rehabilitation of Alley Nos. 1 and 2. A communication was received from Carm Gullo, Shalimar - James -18th Street Apartment Owners Association, 17220 Newhope Street, No. 224, Fountain Valley, asking Council to exempt Alley Nos. 1 and 2 from the assessment district, and to allow the repairs to proceed, using the City's plans at no cost to the association. The City Attorney summarized the Agenda Report dated May 14, 1996, reporting that sufficient funds have been collected from the property owners for private reconstruction work on the alleys. He reported that they are asking for an exemption from the assessment district, a waiver of the building permit fees; and approval to use City plans. Roger Gooding, 9431 Banning Avenue, Huntington Beach, owner of 745 James Street, Costa Mesa, observed that Alley No. 1 and Alley No. 2 should have been considered separately, as the City plans are not needed for Alley No. 2. He announced that they anticipate starting work on Monday, June 10, 1996. The Public Services Director informed the Mayor that the plans for Alley No. 2 are acceptable to the City. .22,1 I;z : .. 2Z2 Carm Gullo, representing the Apartment Owners Association, reported that 17 owners have made. a deposit for the replacement of Alley No. 1, and Alley No. 3 has been completed. Joe Acone, 3400 Irvine Avenue, Suite 215, Newport Beach, asked if permission had been granted to park cars on the street during the reconstruction. Mayor Erickson responded that the Public Services Director would forward written authorization prior to Monday, June 10, 1996. MOTION A motion was made by Council Member Hornbuckle, seconded by Authorized Repairs Mayor Pro Tem :Buffa, and carried 5-0, to authorize the property owners to proceed with the repairs for Alley Nos. 1 and 2, to waive the permit fees, and to allow use of City plans at no cost where they are needed. OLD BUSINESS The Deputy City Clerk presented from the meeting of May 20, Paularino Avenue 1996, residents' concerns regarding Paularino Avenue traffic: (1) Speed Humps stop signs at the intersections of Paularino Avenue/Coolidge Avenue and Paularino Avenue/Babb Street; and (2) additional speed limit pavement markings. The Public Services Director reviewed the Agenda Report dated May 28, 1996, indicating that analysis of the conditions of the above-mentioned intersections demonstrates that they fall well -below the established criteria for multiway stop signs. The following Costa Mesa residents gave their opinions on speed control: Roland Wood, 1079 Cheyenne Street (who suggested that staff investigate the City of San Jose's Neighborhood Automated Speed Compliance Program [NASCP], a copy of which he submitted to Council); Larry Weichman, 1175 Boise Way; Grant Bertolet, 982 Trenton Way; Deborah Rector, 1159 Paularino Avenue; Stan Brown, 1023 Cheyenne Street; Roy Pizarek, 1923 Whittier Avenue; and Mel Fleener, 1585 Riverside Place. Motion to Approve A motion was made by Council Member Monahan, seconded by as Recommended Council Member Hornbuckle, to install the stop signs; to increase Restated Below speed limit pavement markings; and to paint parking lines along Paularino Avenue to create a visual effect that the street is narrower. At the request of Council Member Hornbuckle, Council Member Monahan restated the motion in order to separate the issues. MOTION/Approved A motion was made by Council Member Monahan, seconded by Pavement Markings Council Member Hornbuckle, and carried 5-0, to increase speed and Parking Lines limit pavement markings, and to paint parking lines along Paularino Avenue. Council Member Genis suggested that investigation into the City of San Jose's NASCP radar camera device be referred to the Planning/Transportation Commission, and Council concurred. Council Member Monahan recommended that the Commission tread lightly due to the privacy issue. Motion to Install A motion was made by Council Member Monahan to install stop Stop Signs Died signs at the intersections of Paularino Avenue/Coolidge Avenue and Paularino Avenue/Babb Street. The motion died for lack of a second. RECESS The Mayor declared a recess at 8:40 p.m., and reconvened the meeting at 8:55 p.m. OLD BUSINESS The Deputy City Clerk presented a request from Council Member Review of Appoint- Hornbuckle for review of appointments to City Council advisory ments to Commis- commissions/committees. Council Member Hornbuckle felt that the sions/Committees appointment of a potential City Council candidate to the Access Appeals Board at the meeting of May 20, 1996, while another potential candidate was denied membership on the Human Relations Committee, deserved further consideration. She thought that the act had been unfair, and suggested rescinding the appointment and appointing another candidate. Council Member Genis acknowledged a broader issue at hand, being the lack of criteria for the appointments, and suggested that they should be established. Council Member Hornbuckle proposed appointing two Council Members to create the criteria, and offered her services. Council Member Monahan did not understand the need to form strict criteria, noting that official papers for Council candidates are not available until July, and a committee member could resign should they be elected to Council. He stated that he had nominated Mr. Fleener because he was the most qualified person for the job, and was opposed to any action that would rescind the appointment. Mayor Pro Tem Buffa explained that the problem has arisen because another committee candidate at that same Council meeting was disqualified for being a potential Council candidate. He agreed that establishing criteria needs to be addressed, and suggested doing so at a study session. Council Member Genis offered to assist Council Member Hornbuckle in determining criteria for committee members. Mel Fleener, 1585 Riverside Place, Costa Mesa, stated that he is very qualified for the position to which he was appointed, suggested perhaps considering Ms. Butler for the position she was denied, and stated that he would take great exception if his appointment were rescinded. Council Member Monahan referred to the Agenda Report wherein it was questioned whether such an appointment could be construed as an endorsement, stating that it is not an endorsement, but simply selecting the most qualified applicant for each committee. Motion to Rescind A motion was made by Council Member Hornbuckle, seconded by Appointment Failed Mayor Pro Tem Buffa, to rescind Mr. Fleener's appointment to the to Carry Access Appeals Board, and to appoint Thomas Getz. Council Member Hornbuckle maintained that her motion was not meant to reflect on Mr. Fleener's competency but felt that this action was necessary in the interest of fairness. Council Member Genis opposed the motion because each Council Member chooses candidates based on their own criteria, and felt it was not the appropriate time to change. Mayor Pro Tem Buffa proposed rescinding the motions on both the Access Appeals Board and the Human Relations Committee, and asking Council Members Hornbuckle and Genis to determine by the meeting of June 17, 1996, if a candidate for City Council should be eligible to serve on a committee. Mayor Erickson opposed the motion because of his own experience as part of a City commission. The motion failed to carry 3-2, Council Members Erickson, Genis, and Monahan voting no. 2214 MOTION A motion was made by Mayor Pro Tem Buffa, seconded by Council Authorized Council Member Monahan, and carried 5-0, to authorize Council Members Members to Develop Hornbuckle and Genis to develop criteria for selecting members of Criteria committees/commissions. OLD BUSINESS The Deputy City Clerk presented from the meeting of May 20, Request to Waive 1996, a request from Sirius Theatre, 2870 Tabago Place, Costa Fees from Sirius Mesa, to waive fees for use of a City park during the month of July Theatre to present productions of Shakespeare at no cost to the public. The Community Services Director reviewed the Agenda Report dated May 24, 1996. Jeffrey Shaw, 2870 Tabago Place, Costa Mesa, reported that the first rehearsals must be postponed, and asked if the first week in July could be exchanged to the first week in August. He commented that he, personally, could put down a deposit to ensure that the program takes place and there is adequate cleanup. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, asked if parking is adequate at Canyon Park where the event is to be held. Mr. Shaw responded that they expect approximately 50 cars each performance, and will look into auxiliary parking at 19th Street and Placentia Avenue. The Community Services Director informed Mr. Pizarek that the performances will take place directly north of the lower parking lot in the natural amphitheatre. Motion to Waive A motion was made by Council Member Hornbuckle, seconded by Fees Withdrawn Mayor Pro Tem Buffa, to request a $250.00 refundable deposit, to permit the use of the portion of Canyon Park as outlined above by the Community Services Director, to waive the park fees for three weeks in July and the first week of August, and to ask Mr. Shaw to make arrangements, if needed, for parking at 19th Street and Placentia Avenue. After discussion, Council Member Hornbuckle withdrew the motion. The City Manager reported that the Police Department will patrol the area occasionally to ensure that everything is running smoothly. Council Member Monahan opposed waiving fees for use of the park, and asked Council Member Hornbuckle to restate the motion in order to separate the issues. . MOTION A motion was made by Council Member Hornbuckle, seconded by Approved Park Mayor Pro Tem Buffa, and carried 5-0, to approve the request for Use use of a portion of Canyon Park during the last three weeks of July and the first week of August, 1996, and to require a $250.00 refundable deposit. MOTION A motion was made by Council Member Hornbuckle, seconded by Approved Waiver Mayor Pro Tem Buffa, approving the waiver of park fees on the of Fees basis that this is a production for the community at no charge, and directing Mr. Shaw to make arrangements for parking at 19th Street and Placentia Avenue, if necessary. Mayor Pro Tem Buffa supported the motion because the activity is cultural in nature and at no cost to the residents. Mayor Erickson pointed out that Mr. Shaw had indicated at the meeting of May 20, 1996, that the setup and takedown will be done each time immediately after the event so that the park will be accessible to members of the public. 1 SUBSTITUTE A substitute motion was made by Council Member Monahan, MOTION seconded by Mayor Erickson, to waive the $1,000.00 reservation Waive Fees; Charge fee, 10 days at $100.00 per day, and charge the $100.00 permit fee. Park Permit Fee The substitute motion failed to carry 3-2, Council Members Buffa, Failed to Carry. Hornbuckle, and Genis voting no. The original motion carried 3-2, Council Members Erickson and Monahan voting no. OLD BUSINESS The following item was removed from the Agenda: Request for Person - to -Person ABC Continued from the meeting of May 20, 1996, request for a Transfer from T D person-to-person transfer of a Type 20, off -sale beer and wine, Beer and Wine ABC (Alcoholic Beverage Control) license from T D Beer and Wine Market (formerly California Stop Mini -Market), 600 West 19th Street, Suites A and B, Costa Mesa. NEW BUSINESS The Deputy City Clerk presented a request from United Way of United Way Banner Orange County, 18012 Mitchell Avenue, Irvine, to install 34 Request banners in the South Coast Plaza area from August 14 through September 20, 1996, and 23 banners in the Triangle Square area from September 1 through October 16, 1996, to promote their annual campaign. The Assistant to the City Manager summarized the Agenda Report dated May 20, 1996. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Approved Banners Monahan, and carried 5-0, the banners were approved. NEW BUSINESS The Deputy City Clerk presented a request from Costa Mesa Request from Little American Little League, Post Office Box 5025-456, Costa Mesa, to League for "Show waive fees for use of the City's "Show Wagon". The Community Wagon" Fee Waiver Services Director reviewed the Agenda Report dated May 20, 1996. Michael McGuire, 3104 McKinley Way, Costa Mesa, representing Costa Mesa American Little League, reported that the closing ceremonies to honor division champions will be held the at the Costa Mesa High School ball fields on Saturday, June 15, 1996. MOTION A motion was made by Council Member Monahan, seconded by Fees Wavied Mayor Pro Tem Buffa, to approve the waiver. SUBSTITUTE A substitute motion was made by Council Member Genis, seconded MOTION/Waive by Mayor Erickson, to waive the $250.00 per day fee but maintain Fee; Charge Pick- the $96.00 pickup and delivery fee. The substitute motion failed to up and Delivery carry 3-2, Council Members Buffa, Hornbuckle, and Monahan Failed to Carry voting no. Council Member Hornbuckle supported the original motion because the City has invested in fields for youth sports and she was comfortable with the waiver. The original motion carried 3-2, Council Members Erickson and Genis voting no. NEW BUSINESS The following item was removed from the Agenda: Ordinance for Disposal of Lost An ordinance adding Section 14-9 to Chapter 1 of Title 14 of the and Unclaimed Costa Mesa Municipal Code establishing a procedure for Property restoration and disposal of lost and unclaimed property held by the Costa Mesa Police Department. 226 NEW BUSINESS The Deputy City Clerk presented City Attorney's Report No. 96 - Prosecuting Mis- 32A regarding his prosecuting misdemeanor crimes under the demeanor Crimes California Penal Code. The City Attorney summarized his report dated May 28, 1996. Heather Somers, 427 East 17th Street, Costa Mesa, asked if additional staff members would be required should the City Attorney prosecute misdemeanor crimes, and also if extra costs would be incurred. The City Attorney responded that the budget for his office would increase; however, it would probably be nominal. Council Member Monahan agreed that if the City had a particular case to be prosecuted and the District Attorney would proceed, then no action is required at present. He reserved for the future the recommendation of a formalized consent agreement in the event that the District Attorney refuses to act. He did not recommend referring all misdemeanor filings to the City Attorney's office at this time, and asked the City Attorney to report on the situation in six months. MOTION A motion was made by Council Member Monahan, seconded by Received and Filed Council Member Hornbuckle, and carried 5-0, to receive and file the Report report. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORT/Request Government Code Section 54956.9(a) to discuss the following for Closed Session: lawsuits: Scarcello v. City of Costa Mesa, Orange County Superior Scarcello v. City; Court Case No. 718279; Patrick P. Tocher, doing business as Tocher and Coulter v. Pacific Coast Motoring, and Michael R. Coulter, doing business as City, et al.; de Los All City Transport v. City of Costa Mesa, et al., United States Angeles v. City, et al. District Court Case No. SACV-96-366 GLT (EEx); and Antonio de Los Angeles v. City of Costa Mesa, et al., Orange County Superior Court Case No. 757854. The Mayor announced that closed session would be held at the conclusion of regular business. CITY MANAGER'S The City Manager presented the City's budget for fiscal year 1996 REPORT/Fiscal 1997. He reviewed the document, reporting that the budget of Year 1996-1997 $73,018,880.00 is down approximately 8.4 percent, operations are City Budget up .6 percent, and public safety is up 4 percent. He stated that this includes increased efforts in code enforcement, increased staffing for the D.A.R.E. Program, provisions for a park ranger program, additional maintenance of streets, a program for alleys and sidewalks, after-school program expansion, and a number of programs addressing the Council community objectives. He announced that the City Council Budget Study Session on Monday, June 10, will commence at 2:00 p.m., City Hall Conference Room 1A; City Employees/ Community Budget Workshop on Tuesday, June 11, 11:30 a.m., in the Council Chambers; Community Budget Workshop on Wednesday, June 12, 6:30 p.m., City Hall Conference Room IA; presentation to Chamber of Commerce on Thursday, June 13, 12:00 p.m., Holiday Inn, 3131 Bristol Street, Costa Mesa; and budget adoption at the Council meeting of June 17. COUNCIL COMMENTS Council Member Hornbuckle thanked the Lion's Club for a Fish Fry successful Fish Fry the previous weekend. Costa Mesa High Mayor Erickson reported that a productive meeting regarding the School Farm Site Costa Mesa High School farm site was held between the City and the Newport -Mesa Unified School District on May 29, 1996, at 4:30 p.m., and meetings will take place at the same time every 1 Wednesday in the fifth floor conference room of City Hall until the 60 -day period has elapsed. ADJOURNMENT TO At 9:50 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 10:00 p.m., and the action RECONVENED taken during closed session was announced. MOTION In Scarcello v. City of Costa Mesa, Orange County Superior Court Accepted Scarcello Case No. 718279, by a vote of 5-0, Council accepted Eugene Settlement Agreement Scarcello's settlement agreement as outlined in the City Attorney's confidential memorandum dated May 28, 1996. MOTION In Patrick P. Tocher, doing business as Pacific Coast Motoring, and Denied Request for Michael R. Coulter; doing business as All City Transport v. City of Defense Costa Mesa, et al., United States District Court Case No. SACV-96- 366 GLT (EEx), by a vote of 5-0, Council denied the request for defense, finding that Edwin J. Richards acted at all times as an independent contractor to the City. MOTION In Antonio de Los Angeles v. City of Costa Mesa, et al., Orange Granted Request for County Superior Court Case No. 757854, by a vote of 5-0, Council Defense granted the request for defense of Police Officer Phil Myers; however, the request on punitive damages was not granted because it is premature. ADJOURNMENT The Mayor declared the meeting adjourned at 10:05 p.m. Mayo of the City of Costa Mesa ATTEST: Deputy City Cle of the City of Costa Mesa 227