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HomeMy WebLinkAbout07/15/1996 - City Council254 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JULY 15, 1996 The City Council of the City of Costa Mesa, California, met in regular session July 15, 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 Pastor Jim Bradford, Newport -Mesa Christian Center. ROLL CALL Council Members Present: Mayor Joe Erickson Mayor Pro T'em 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 Redevelopment and Housing Manager Muriel Ullman Principal Planner Mike Robinson Transportation Services Manager Peter Naghavi Assistant to the City Manager Ann Gyben Management Analyst Paula Schaefer Associate Planner Kim Brandt Deputy City Clerk Mary Elliott ORDINANCES AND A motion was made by Mayor Pro Tem Buffa, seconded by Council RESOLUTIONS Member Hornbuckle, and carried 5-0, to read all ordinances and resolutions by title only. ANNOUNCEMENT Mayor Erickson recognized Council Member John Cox from the City of Newport Beach who was in attendance. ORAL COMMUNI- Mike Cirino, 301 Avocado Street, No. 2, Costa Mesa, reported that the CATIONS intersection of Rutgers Drive and Avocado Street is the focal point for Rutgers/Avocado gang activity, relating that he had been threatened when he asked the Gang Activity parties to reduce the volume of their music. He advised that numerous calls had been made to the Police Department regarding the noise, and they eventually suggested that he file a complaint in order to alleviate the situation. Mr. Cirino expressed concern for his safety should a complaint be filed, and asked for the City's support. The City Manager responded' that he and a member of the Police Department will meet with Mr. Cirino to assure his safety, and ownership of the residence involved will be investigated. 1 The City Manager reported that data from the Sea Breeze homeowners regarding the West 18`h Street industrial noise problem has been compiled and will be provided to Council, as well as the homeowners. CONSENT On motion by Mayor Pro Tem Buffa, seconded by Council Member CALENDAR Hornbuckle, and carrie&5-0, all Consent Calendar items were approved MOTION/Approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Peter Cooper; Michael and Marisol Caristi; Frank Anthony Flores; and Application for Leave to Present a Late Claim from Stephen M. Hooten. Public Utilities Notice from Southern California Gas Company that Application No. Commission 96-06-029 was filed with the Public Utilities Commission requesting authority to recover in rates shareholder incentives earned under the Gas Cost Incentive Mechanism program. WARRANTS Warrant Resolution 1628, funding City operating expenses in the Approved Warrant amount of $840,261.31; and Payroll 9613 for $1,340,146.06, were 1628; Payroll 9613 approved. REJECTED CLAIMS The following claims were rejected: Fairman Sara Fairman (reimbursement of vehicle tow fees). Gengler Gerald N. Gengler (alleges that personal property not returned by Costa Mesa Police). Grombchevsky Stan A. Grombchevsky (vehicle wheel damaged by pothole). Hammett Kimberly Marie Hammett (reimbursement of vehicle tow charges). McMichael Foster McMichael (alleges his parked vehicle was damaged by City street sweeper). ADMINISTRATIVE The following actions were taken regarding the Harbor Boulevard/ ACTIONS/Harbor/ Adams Avenue Improvements. Adams Improvements Bids received for the Harbor Boulevard/Adams Avenue Intersection Awarded Intersection Widening, Project No. 96-11, are on file in the City Clerk's office. Widening, Project No. The contract was awarded to Wakeham -Baker, Inc., 18237 Mt. Baldy 96-11, to Wakeham- Circle, Fountain Valley, for $683,641.23, the minor irregularities Baker were waived, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Adopted Resolution Resolution 96-67, A RESOLUTION;.OF THE CITY COUNCIL OF 96-67 Allocating THE CITY OF COSTA MESA, ,.,,,,CALIFORNIA, REQUESTING Measure M Funds THE ORANGE COUNTY TRANSPORTATION AUTHORITY TO ALLOCATE MEASURE M FUNDS FOR CONSTRUCTION OF THE HARBOR BOULEVARD/ADAMS AVENUE INTER- SECTION IMPROVEMENT PROJECT, was adopted. Adopted Resolution Resolution 96-68, A RESOLUTION OF .THE CITY COUNCIL OF 96-68 Initiating the THE CITY OF COSTA MESA, CALIFORNIA, ENDORSING AND Ev-Ready Program INITIATING THE CITY'S EV -READY COMMUNITY PROGRAM, in conjunction with the South Coast Air Quality Management District's MSRC' S "Quick Charge Program", was adopted. Approved Farm Site The negotiating period for acquisition of the Costa Mesa High School Negotiating Period farm site was extended for up to 30 days. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place set Newport Boulevard for the public hearing to consider applications for the City of Costa Specific Plan SP -96- Mesa, for properties located on the east side of Newport Boulevard, 01 and GP -96-O 1 B between 19`" Street and Mesa Drive: Specific Plan SP -96-01, to establish land use policies, development standards, and implementation programs for properties within the designated plan area. Environmental Determination: Negative Declaration. General Plan Amendment GP -96-01B, to create a new General Plan land use designation of "Commercial Residential", and to amend the land use designation of properties located east of Newport Boulevard, 'between Walnut Avenue and Mesa Drive, from "Neighborhood Commercial" to "Commercial Residential". Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the City Clerk's office. Communications were received from Steve Fabeck, owner of Starlite Village, 2060 Newport Boulevard, Costa Mesa, requesting that the Specific Plan be returned to the Planning Commission or the Newport Boulevard Study Committee for further consideration; Howard Burns, McDonald's Corporation, 4370 La Jolla Village Drive, Suite 800, San Diego, adding his comments to the plan; and Patricia Davis, 906 West Sierra Avenue, Santa Ana, owner of an apartment building on Newport Boulevard, transmitting a petition containing 28 signatures of Costa Mesa residents requesting Council to resolve the problems occurring at the Sea Breeze Motel located at Newport Boulevard and 21't Street. The Principal Planner summarized the Agenda Reports dated July 1, 1996. Council Member Monahan clarified that only the areas indicated on Pages 24 and 25 of the Newport Boulevard Specific Plan are subject to rezone, stressing that the General Plan designation is not a zone change. He asked that monies set aside for an: alley study be used to investigate the proposed abandonment of the alley between 23rd Street and Santa Isabel Avenue on a priority basis. Steve Park, 1944 Church Street, Costa Mesa, asked the nature of the proposed cul-de-sac at Church and Walnut Streets. Council Member Monahan responded that the purpose of the cul-de-sac would be to keep commercial traffic on Newport Boulevard, and the committee is recommending a study of this option. Mr. Park did not feel that this option would alleviate the problem but would merely divert traffic to other residential streets. He suggested the use of rubber posts to control the traffic cutting through residential areas. The Public Services Director indicated that the City is currently soliciting members for an ad hoc East Side Traffic Management Study Committee, who will examine circulation is this area. Raymond Cutler, General Manager of the Sea Lark Motel, 2274 Newport Boulevard, Costa Mesa, addressed the negative effects of rezoning his property, and related that City staff had informed him that the Certificate of Occupancy for the motel's expanded area had lapsed. He asked that the Sea Lark Motel be excluded from the rezone. The Principal Planner explained that rezoning is not being considered at this meeting; however, the Newport Boulevard Specific Plan does recommend that the property be rezoned. Steve Fabeck, 80 Hidden Valley Road, Monrovia, owner of Starlite Village, 2060 Newport Boulevard, Costa Mesa, asked about the parcel of land which would be developed into a "pocket park", noting that there are not 51 or more parcels of land in the subdivision which is required by State law. He objected to the rezoning of -his property to residential. Council Member Monahan replied that the committee felt that rezoning this area would make it more compatible with the neighboring area should it be redeveloped, and that residential properties would be more valuable. Larry Somers, 471 Old Newport Boulevard, Newport Beach, member of the Newport Boulevard Study Committee, acknowledged the cooperation and professionalism of the City staff, and stated that he was opposed to the City initiating rezones which are without concurrence of the property owner. There being no other speakers, the Mayor closed the public hearing. Council Member Monahan suggested amending the Specific Plan to delete the recommendation for a pocket park in the vicinity of Fullerton Avenue and Buoy Street as detailed in the last four lines of Subarea A; Rezone Proposal on Page 24. Council Member Hornbuckle supported the deletion but felt that other properties could be potential locations for a park in the future. Council Member Monahan asked that a study for a cul-de-sac at Cecil Place and Newport Boulevard be initiated and also included in the East Side Traffic Study. He opposed including Items 1 and 2, Page 26, Other Land Use Recommendations, because they suggest uses for property which is private. Council Member Genis concurred; however, she suggested that if the items were retained, the title should be changed to, "Other Potential Land Use Opportunities", or something similar. Council Member Hornbuckle preferred not adding motels and hotels to the "Existing Uses. Prohibited from Expanding in the Plan Area" on Page 32, but agreed to leaving them in the "New Uses Prohibited from Establishing in the Plan Area" section. Council Member Monahan suggested altering the title of Section 3.3 on Page 40 from "Motel Occupancy/Operational Guidelines", substituting the word "Regulations" for "Guidelines". Council Member Genis asked that the "Commercial Residential" designation be clarified, and the Associate Planner responded that wording would be added to the second paragraph, Page 18, of the Agenda Report dated July 1, 1996, which will more clearly explain the complimentary mix. Council Member Hornbuckle asked that the "Uniform Landscape Program" on Page 38 which is currently scheduled for 1997/1998 be addressed as quickly as possible. The City Manager reviewed the situation regarding the California Department of Transportation (CALTRANS) landscaping on the 55 Freeway. MOTION A motion was made by Council Member Monahan, seconded by Adopted Resolution Council Member Hornbuckle, and carried 5-0, to adopt Resolution 96- 69, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING SPECIFIC PLAN SP -96- 01 FOR NEWPORT BOULEVARD, including the Negative Declaration and DeMinimus finding, with the following changes: Delete reference to a pocket . park on Page 24, and investigate other locations in the area for possible location of a pocket park in the future; include Cecil Place and Newport Boulevard in the cul-de-sac study; delete Items 1 and 2 on Page 26; and change the title to "Other Development Opportunities"; on Page 40, look at motel occupancy operation regulations to address problems; on Page 32, accept the property at 2380 Newport Boulevard regarding the option of a 25 Im motorcycle business tied to the Pag Bros. Cycles and their existing lease; on Page 38, institute the Uniform Landscape Program as soon as funding is available; and place clarifying language in the Section 2.1, Page 38, indicating that either residential or commercial is available. MOTION A ; motion was made by Council Member Monahan, seconded by Adopted Resolution Council Member Hornbuckle, and carried 5-0, to adopt Resolution 96- 96-70 70., A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -96-01B AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, including the Negative Declaration and DeMinimus finding, along with the commercial/residential clarification as referenced in the above motion. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place set GP-96-O1A/R-96-02, for the public hearing to consider General Plan Amendment GP -96-01A Arpeja, Inc. arid Rezone Petition - R-96-02, James Ferryman, JD Property Management, Inc., 3520 Cadillac Avenue, Suite B, Costa Mesa, authorized agent for Arpeja, Inc., to amend the land use designation for property at 640 West 17`" Street from Light Industry to General Commercial, and to rezone from MG (General Industrial) to C2 (General Business District). Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the City Clerk's office. Communications were received from Helen K. Pines, PC -2 - Copy, 103 East 17`h Street, Costa Mesa; and M. Terry Field and Fred Al Hannum, 103 East 17`" Street, Costa Mesa, both in support of the move. The Deputy City Manager/Development Services summarized the Agenda Report dated July 1, 1996. He, the Public Services Director, acid the Transportation. Services Manager responded to questions from Council. Council Member Hornbuckle suggested that the upcoming 17t" Street/Newport Boulevard and 17" Street/Superior Avenue improve- ments include closing the westbound left turn lane on 17`" Street into the current Trader Joe's center. She suggested that construction of the proposed driveway from. the same shopping center onto Newport Boulevard be postponed as it may not be needed if Trader Joe's moves. Jim Ferryman, 1095 Tulare Drive, Costa Mesa, representing Jack Litt, Arpeja, Inc., owner of the property, gave Council a copy of an executed letter of intent signed by the landlord and the tenant, which is subject to the GPA, the rezone, and the transfer of the off -sale liquor license. Dean Dunn -Rankin, Attorney with Hewitt & McGuire, 19900 MacArthur Boulevard, Suite 1050, Irvine, felt that the "letter of intent" W as actually a letter of 'agreement, and an understanding had been reached on the rental terms. He stated that the landlord has agreed to dedicate a 12 -foot wide strip in order to reduce the traffic impact fees. Susan Gabriel, 197 The Masters Circle, Costa Mesa, owner of property west of the subject site, supported the Trader Joe's move stating that traffic problems in the area will be lessened. She indicated her desire that the building be considered within the redevelopment zone and the appearance of the building and landscaping be improved. Leroy Watson, Senior Vice President of Operations, Trader Joe's C''ompany, Post Office Box 3270, South Pasadena, confirmed that the agreement is essentially complete. There being no other speakers, the Mayor closed the public hearing. F_� r MOTION A motion was made by Council Member Monahan, seconded by Mayor Adopted Resolution Pro Tem Buffa, and carried 3-2, Council Members Erickson and Genis 96-71; Gave First voting no, to take the following action: Reading to Ordinance 96-10 Adopt Resolution 96-71, A RESOLUTION OF THE CITY COUNCIL OF THE, CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -96-01A, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, including the Negative Declaration and DeMinimus Finding. Give first reading to Ordinance 96-10, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING REZONE PETITION R-96-02 CHANGING THE ZONING OF 640 WEST 17"H STREET FROM MG TO C2. Council Member Hornbuckle supported the motion, expressing the hope that Trader Joe's and the owners of the property took note of the previous comments regarding the condition of the property. The Transportation Manager explained that critical movement at 17''' Street and Newport Boulevard occurs in the morning peak hours, and confirmed that he would provide figures by July 16, 1996, in response to questions from Council Member Genis. Council Member Genis stated that she liked the Trader Joe's store but opposed the motion because of the traffic impact. Mayor Pro Tem Buffa supported the motion because Trader Joe's is an outstanding member of the corporate community, and he believed that the traffic situation would be improved. Council Member Monahan stated for the record his approval of the landlord's 12 -foot dedication, noting that it is more valuable than any fee they could have paid. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place set GP -96-01 C, Land for the public hearing to consider General Plan Amendment GP -96-01 C, Use Map Format City of Costa Mesa, to adopt a new format for the Land Use Map. Environmental Determination: Exempt. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Deputy City Manager reviewed the Agenda Report dated July 2, 1996. MOTION On motion by Council Member Hornbuckle, seconded by Council Adopted Resolution Member Monahan, and carried 5-0, Resolution 96-72, A RESOLUTION 96-72 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP - 96 -01C, was adopted. OLD BUSINESS The Deputy City Clerk presented from the meeting of July 1, 1996, R-96-01, VNE second reading and adoption of Ordinance 96-8, adopting Rezone Development Petition R-96-01, changing the zoning of 2251 and 2259 Orange Avenue from R27MD to PDR -MD. A communication was received from VNE Development, 1048 Irvine Avenue, Suite 363, Newport Beach, asking Council to set aside the rezone request. Council Member Monahan announced that he would abstain from voting on this item. The Deputy City Manager/Development Services summarized the Agenda Report dated July 10, 1996. MOTION/Approval A motion was made by Mayor Pro Tem Buffa, seconded by Council Rescinded; Second Member Hornbuckle, and carried 4-0, Council Member Monahan Reading of Ordinance abstaining, to rescind approval of Rezone Petition R-96-01 by denying 96-8 Denied second reading and adoption of Ordinance 96-8. 259 OLD BUSINESS The Deputy City Clerk presented from the meeting of July .1, 1996, Liability Claims second reading and adoption of Ordinance 96-9, pertaining to liability claims against the City. MOTION On motion by Council Member Hornbuckle, seconded by Mayor Pro Adopted Ordinance Tem Buffa, and carried 4-1, Council Member Genis voting no, 96-9 Ordinance 96-9, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 2- 189 OF THE COSTA MESA MUNICIPAL CODE PERTAINING TO LIABILITY CLAIMS AGAINST THE CITY OF COSTA MESA, was given second reading and adopted. OLD BUSINESS The Deputy City Clerk presented an amendment to Council Policy No. Lions Park "Circle 800-4 to establish a "Circle of Service" in Lions Park, and for this area of Service" only, allow a plaque size of 8 inches by 12 inches; and installation of a memorial plaque in the "circle" honoring Les Miller for his outstanding service to the community. The Community Services Director summarized the Agenda Report dated July 3, 1996. Mayor Pro Tem Buffa wanted the "circle" definition to include not only someone who has provided significant long-term service to the citizens of Costa Mesa but someone who has made some extraordinary contribution to the larger community. Council Member Hornbuckle suggested a special area for long-term community contributors, and a different type of recognition for someone who has made broader contributions. Council Member Genis preferred that the "circle" include persons who had something special to do with Costa Mesa. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Approved Amendment Hornbuckle, and carried 5-0, the amendment and the plaque size were and Plaque Size approved. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Approved Miller Hornbuckle, and carried 5-0, installation of the Les Miller memorial Plaque Installation plaque was approved. NEW BUSINESS The Deputy City Clerk presented the 1995 Development Phasing and 1995 Development Performance Monitoring Program Report. The Deputy City Manager/ Phasing and Perfor- Development Services reviewed the Agenda Report dated July 1, 1996, mance Monitoring which indicates that the City's circulation system is working well with Program the exception of the Harbor Boulevard/South Coast Drive intersection which has been identified for future improvement. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Received and Filed Hornbuckle, and carried 5-0, the report was received and filed. Council Member Genis requested that State intersections be included in the report. NEW BUSINESS The Deputy City Clerk presented a request for a new Type 23 Alcoholic ABC License for Beverage Control (ABC) license (small beer manufacturer) from Skewer's Brew Pub Skewer's Brew Pub (expansion of Guarduno's Restaurant), 298 East 17t" Street. MOTION On motion by Council Member Monahan, seconded by Mayor Pro Tem Received and Filed B;uffa, and carried 5-0, the request was received and filed. NEW BUSINESS The Deputy City. Clerk presented a request for a new Type 41 Alcoholic ABC License for Beverage Control (ABC license (on -sale beer and wine for a bona fide George's public eating place) from George's Mexican Food, 744 West 19`h Street. X61 The Deputy City Manager/Development Services summarized the Agenda Report dated July 2, 1996. MOTION On motion by Council Member Monahan, seconded by Mayor Pro Tem Received and Filed Hornbuckle, and carried, 5-0, the request was received and filed. �h NEW BUSINESS The Deputy City Clerk. presented a request from the Fairview Park Request from Fairview Citizens Advisory Committee for a representative from the Newport - Park Citizen's Mesa Unified School District to serve on the committee as an ex -officio Advisory Committee member. . The Community Services Director reviewed the Agenda Report dated July 5, 1996. Linda Feffer, 2629 Orange Avenue, No. 3, Costa Mesa, member of the committee, explained that appointing a member from the School District would assist the committee in ascertaining boundaries and determining other matters. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member ApprovedRequest Genis, and carried 4-1, Council Member Monahan voting no, the request was approved, based on the condition that the School District agrees. Council Member Monahan opposed the motion suggesting that District members may apply when vacancies occur, which would enable them to be voting members. RECESS The Mayor declared a recess at 8:30 p.m., and reconvened the meeting at 8:40 p.m. NEW BUSINESS The Deputy City Clerk presented the following Costa Mesa Golf Course Costa Mesa Golf and Country Club items: Course and Country Club Extension of the contract with Mesa Verde Partners for operation of the golf course and country club. Proposed Amendment No. 3 to the contract with Mesa Verde Partners relating to the requirement for a surety bond. Amendment to the contract with Mesa Verde Partners to allow for complimentary play for the Orange Coast College Women's Golf Team. The Assistant to the City Manager reviewed the Agenda Report dated July 9, 1996, regarding extension of the Mesa Verde Partners contract. She responded to questions from Council. Ron Lane, representing Mesa Verde Partners (MVP), 14 Corporate Plaza, Newport Beach, stated that the extension came about because of code compliance problems which required remedial action, reporting that MVP will add $1 million in capital improvements in the next three and one-half years, and increase the rent to 35 percent on the extension. He added that the irrigation system will be completed with a state-of- the-art system which will improve the fairways; and the facility will be completely renovated. Council Member Hornbuckle asked Mr. Lane about the problems with slow play and the halfway house remodel, which is projected for 1998. Mr. Lane, in response to the suggestion that the halfway house remain open until later in the day, replied that the change of hours will be effective immediately. He addressed the slow play issue, confirming that the Los Lagos course is a long, hard test, the quality of play on weekends is not professional, and players take their time.. Mr. Lane related that measures are being taken to improve the situation, but felt that the only workable solution is a marshaling program. Council Member Hornbuckle expressed her wish that it remain a "user-friendly" golf course. Mr. Lane addressed the proposed improvements to the sand bunkers, reporting that the cost is approximately $5,000.00 per bunker. He responded to Mayor Erickson by stating that the green fees are just under the market rate for Orange County, were nominally increased last spring, and probably would be increased annually. He reviewed golf course revenues for Mayor Pro Tem Buffa. Scott Henderson, Mesa Verde Partners, 1701 Golf Course Drive, Costa Mesa, reported that year-to-date the driving range has grossed $236,000.00 as compared to last year's figure of $137,000.00; this year golf cart rentals are up $368,000.00 from $310,000.00; and the rent paid to, the City last month was $168,000.00, the guarantee being $20,000.00. Mayor Pro Tem Buffa felt that there was no practical way to initiate a program of preferred times for Costa Mesa residents, and commented that people always complain about slow play on public courses.' He complimented Mesa Verde Partners for their work in upgrading the courses and the increase in revenues. He suggested making Los Lagos a premium course with an attendant higher fee. MOTION A motion was made by Mayor Pro Tem Buffa, seconded by Council Contract Extended Member Monahan, to extend the agreement with Mesa Verde Partners by 10 years; to include a halfway house remodel date of no later than December, 1997, including that date in Exhibit K to the Agenda Report; to, improve the golf course marshaling, increasing the number of marshals and erecting a starter shack between the first and second tee; and to include an educational program, with either handbills at the starter shack or something similar, which educates players in the concept of "ready golf'. The motion carried 5-0. Council Member Monahan commented that having these capital improvements accomplished within the next two to three years will save the City money, and improving the golf course will bring "in additional revenue. Council Member Genis concurred that this will be good for the course and for the City coffers. MOTION/Approved On motion by Mayor Pro Tem Buffa, seconded by Council Member Amendment No. 3 H'orrnbuckle, and carried 5-0, Amendment No. 3 was approved. Motion to Not Reopen A; motion was made by Mayor Pro Tem Buffa not to reopen negotiations Negotiations with for complimentary play for the Orange Coast College (OCC) Women's OCC Golf Team Died Golf Team, and to urge Mesa Verde Partners to work out an arrangement with the team. The motion died for lack of a second. Gordon Fitzel, Head Women's Golf Coach, Orange Coast College, 2701 Fairview Road, Costa Mesa, requested that the team be considered for complimentary play in the fall, similar to the men's team and the high school teams. MOTION A motion was made by Council Member Monahan, seconded by Directed City Manager Council Member Hornbuckle, and carried 5-0, to direct the City to Negotiate for OCC Manager to enter into negotiations with Mesa Verde Partners and the Golf Team Dates OCC golf team extending the calendar dates of the golf team's play, with the caveat that overall compensation plays would not increase. it 1 NEW BUSINESS The Deputy City Clerk presented a request to designate the El Nido Designation of El Nido Senior Mobile Home , Park located in an eligible Community Park for "Neighbors Development Block Grant (CDBG) target area for the fall "Neighbors for Neighbors" Clean- for Neighbors" community cleanup. The Redevelopment and Housing up Manager summarized the Agenda Report dated July 11, 1996. MOTION A motion was made by Council Member Hornbuckle, seconded by Designated El Nido Council Member Genis, and carried 5-0, to designate El Nido for the fall cleanup. NEW BUSINESS The Deputy City Clerk presented a resolution authorizing the City Economic Opportuni- Manager to implement the Section 3 Economic Opportunities Plan per ties Plan requirements of the Department of Housing and Urban Development (HUD). The Redevelopment and Housing Manager reviewed the Agenda Report dated July 15, 1996. Council Member Monahan asked that the letter forwarded to HUD by the City Manager also be copied to local representatives in Washington, D.C. MOTION On motion by Council Member Hornbuckle, seconded by Council Adopted Resolution Member Genis, and carried 5-0, Resolution 96-73, A RESOLUTION 96-73 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE CITY OF COSTA MESA SECTION 3 ECONOMIC OPPORTUNITIES PLAN, was adopted, with a copy to be forwarded to local representatives. NEW BUSINESS The Deputy City Clerk presented a resolution approving HOME HOME Investment Investment Partnership Agreement No. 1958800045 by and between the Partnership Agreement City of Costa Mesa and Civic Center Barrio Housing Corporation No. 1958800045 (CCBHC,, and making certain findings in connection therewith. The Management Analyst summarized the Agenda Report dated July 15, 1996. In response to a question from Mayor Erickson, the Redevelopment and Housing Manager stated that the developer had offered two opportunities for the neighboring property owner who expressed an interest in being involved in this process. The Mayor asked that staff contact the property owner. MOTION On motion by Council Member Hornbuckle, seconded by Council Adopted Resolution Member Genis, and carried 5-0, Resolution 96-74, A RESOLUTION 96-74 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE HOME INVESTMENT PARTNERSHIP AGREEMENT NO. 1958800045 BETWEEN THE CITY OF COSTA MESA AND CIVIC CENTER BARRIO HOUSING CORPORATION PROVIDING FOR THE ACQUISITION, REHABILITATION, AND OPERATION OF AN AFFORDABLE HOUSING PROJECT LOCATED IN TARGET AREA NO. 5, MISSION/ MENDOZA, IN THE CITY, was adopted. NEW BUSINESS The Deputy City Clerk presented a request to appoint members to the Local Law Enforce- Local Law Enforcement Block Grant Program Ad Hoc Committee. A ment Program Ad Hoc communication was received from Ted Millard, Presiding Judge, Committee Superior Court of the State of California, County of Orange, 700 Civic Center Drive West, Santa Ana, asking Council to support the Orange County Drug Court Program by allocating funding from the Local law Enforcement Block Grant Program. The City Manager reviewed the Agenda Report dated July 11, 1996, noting that the only action required at this time is for a generic application to be filed, with specific recommendations regarding expenditures submitted before the disbursement of funds. 263 Im MOTION A, motion was made by Council Member Hornbuckle, seconded by Approved Committee Mayor Pro Tem Buffa, and carried 5-0, to follow the normal advisory Formation committee selection process to form the ad hoc committee. CITY ATTORNEY'S The City Attorney presented his Report No. 96-53C regarding the REPORT\Settle- settlement agreement between the City and 32nd District Agricultural ment Agreement with AS: and a request for closed session pursuant to Government Fairgrounds; Request Code Section 54956.9(a) regarding the settlement proposal in City v. for Closed Session: 32"d District Agricultural Association, Orange County Superior Court City v. Fairgrounds Case Nos. 65-06-78, 65-06-79, and 65-90-79 (closed session was not held). He reviewed the Agenda Report dated July 10, 1996, reporting that a response to the settlement agreement had been received from the District which indicates that they stand by their approval in concept to the revised agreement; however, are unwilling to accept the new proposed Exhibit D. MOTION A- motion was made by. Mayor Pro Tem Buffa, seconded by Council Approved Agreement _ Member Monahan, to reaffirm approval of the agreement in its present form, which is as it was presented in the joint meeting, with the exclusion of Exhibit D. Council Member Genis thought -that the document is ineffective, and the attachments are inconsistent. She suggested a simple agreement which sufficiently covers the mitigation measures. The City Attorney responded by explaining the settlement agreement. Council Member Genis felt that direct problems, such as offsite parking, traffic, and impacts associated with offsite lots, should be addressed. She felt that the traffic study is only adequate for weekends. Mayor Erickson supported the City Attorney's suggestion to attach to the agreement the overlay which the District had presented at an earlier date. Council Member Genis concurred, assuming that the satellite wagering facility is excluded. The City Manager explained that the overlay is a chart piepared by the District which addresses all of the buildings scheduled to; be removed, and the additional facilities which may be constructed under the proposed plan. He reported that the net total square footage is 102,000, and of that 50,870 square feet are rentable. Mayor Pro Tem Buffa agreed to add the overlay to the agreement as an attachment. Council Member Monahan concurred. The motion carried 4=1, Council Member Genis voting no. Council Member Genis opposed the motion because she felt that the citizens endure a lot with regards to the fairgrounds, and the traffic study is- inadequate. COUNCIL Council Member Genis suggested that potential Council candidates read COMMENTS the Agenda Reports and thoughtfully consider to what they are agreeing. Council Candidates She expressed a desire to see a resident advocate elected to Council. 1913 Pomona Avenue Mayor Erickson announced that the State Alcoholic Beverage Control Mini -Mart (ABC) will conduct a protest hearing for the mini -mart at 1913 Pomona Avenue on Tuesday, August 20, 1996, 9:00 a.m., at 28 Civic Center Shakespeare in the Plaza, Room 369, Santa`Ana. He reported that the first Shakespeare in Park the park was held at Canyon Park the previous weekend, and the next performance will be on Sunday, July 21, 1996, at 3:00 p.m. ADJOURNMENT The Mayor declared the meeting adjourned at 10:25 p.m. Mayr of of the City of Costa Mesa ATTEST: T. Deputy Co Clerk of the City of Costa Mesa 11