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HomeMy WebLinkAbout08/05/1996 - City Council.f ' ROLL CALL REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA AUGUST 5, 1996 The City Council of the City of Costa Mesa, California, met in regular session August 5, 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 Father Cirilo Flores, St. Joachim Catholic Church. Council Members Present: Mayor Joe Erickson Mayor Pro ,Tem Peter Buff a. Council Member Mary Hornbuckle Council Member Sandra Genis. Council Member Gary Monahan" Council Members Absent: None Officials Present: City Manager Allan Roeder. - City AttorneyThomas--Kathe Deputy City Manager/Develop- ment Services Donald Lamm Public Services Director William Morris Community Services Director Keith Van Holt Fire Marshall Tom Macduff Management Analyst Irma Hernandez Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Hornbuckle, seconded by July 1 and July 15, Council Member Monahan, and carried 5-0, the minutes of the 1996 regular meetings of July 1 and July 1.5, 1996, were approved as distributed. ORDINANCES AND A' motion was made by Mayor Pro Tem Buffa, seconded by RESOLUTIONS Council Member Hornbuckle, and carried 5-0, to read all ordinances and resolutions by title only. NEIGHBORHOOD Council Member Monahan commended the following persons WATCH MEETNGS for hosting the Neighborhood Watch meetings during the month of July, 1996: Bruce and Bobbie Hendrick, Duke Place; Anne Fleming, Merrill Place; and Frank Rodriguez, Thames Way. ORAL COMMUNI- Liz Meyer, representing Releaf Costa Mesa, 2973 Harbor CATIONS Boulevard, Suite 187, Costa Mesa, thanked the City and two Releaf Costa Mesa Costa Mesa residents for donating a trailer to the organization which will be used in their beautification efforts. She reported that a grant for $18,750.00 had been received to fund the planting of 5,82 trees throughout the City. Tree Hero Award Felix Posos, 2967 Orange Avenue, Costa Mesa, of Releaf Costa Mesa, revealed that Joe Bogart, Community Services Department, was the recipient of the Tree Hero award for this 1 L year, and asked the Director of Community Services to accept the plaque. He announced that on Monday, August 26, 1996, tree plantings will be done on the landscaped medians along Victoria Street with the assistance of Southern California College students. SR -73/1-405 Alan Remington, 1164 Boise Way, Costa Mesa, reported that Project the California Department of Transportation (CALTRANS) is completing the proposal for a State Route 73/Interstate 405 project, and alerted Council to the fact that serious consequences for Costa Mesa are apparent. He explained that their traffic studies assume that the Gisler Avenue bridge will be constructed, and noted that there will be a 30 -day period in which to comment and/or protest. Mr. Remington related his objections to the project, and asked that the matter be considered at a study session. The City Manager responded that he will accommodate this request, and reported that all neighboring cities, except Fountain Valley whose signature should be obtained shortly, support filing with the Orange County Transportation Authority for deletion of the 19th Street and Gisler Avenue bridges from Orange County's Master Plan of Arterial Highways. Council Member Genis suggested that this information be communicated to CALTRANS, and felt that the study session should be scheduled before the 30 -day period begins. Shakespeare in the Jeffrey Shaw, representing the Sirius Theatre, 2870 Tabago Park Place, Costa Mesa, announced the successful conclusion of the Shakespeare in the Park production of Much Ado About Nothing performed in Canyon Park, noting that 500 persons had attended the performances. Pizarek Comments Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, stated that his family thoroughly enjoyed Shakespeare in the Park; thanked Releaf Costa Mesa for their efforts; and supported Council's position on the proposed Gisler Avenue and 19th Street bridges. Police Incident Bruce MacDonald, a homeless person, reported on an incident which involved himself and the Police Department. Mayor Erickson responded for the record that a study session was conducted several months ago which addressed the City's towing policy and related items; however, Mr. MacDonald did not attend. CONSENT The following item was removed from the Consent Calendar: CALENDAR Item 5, Contract award for 17" Street/Newport Boule- vard/Su.perior Avenue design services; and resolution requesting the Orange County Z�Transportation Authority to allocate Measure M funds. MOTION On motion by Council Member Genis, seconded by Council Approved Except Member Hornbuckle, and carried 5-0, the remaining Consent Item 5 Calendar items were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Guillermo Aguilar; Diversified Shopping Carts; Patricia Hales; Jose A. 0 1 • Escalante; Enterprise Rent-A-Car; Stephan Jaegersborg; VNE Approved Update Establishment of a capital improvement project for upgrade of the Communications Center dispatch consoles. Approved First :The City's first payment for the System under the joint Payment agreement, utilizing funds previously deposited with the 'County of Orange and returned to the City under the Bankruptcy Plan of,Adjustment. Approved Adjustment Budget Adjustment No. 97-04 for $1,039,865.00. Adopted Resolution Resolution 96-76, A RESOLUTION OF THE CITY COUNCIL OF 96-76 Authorizing THE CITY OF COSTA MESA, CALIFORNIA, APPROVING AND Execution of Sup- AUTHORIZING EXECUTION OF SUPPLEMENT NO. 025 TO plement No. 025 to THE LOCAL AGENCY -STATE AGREEMENT FOR FEDERAL AID Local Agency -State NO. 12-5312 BETWEEN THE STATE DEPARTMENT OF Agreement for TRANSPORTATION AND THE CITY OF COSTA MESA, in Federal -Aid No.., connection with the Harbor Boulevard Rehabilitation, Wilson 12-5312 Street to MacArthur Boulevard, ..Project No. 96-12, was adopted. Accepted Work by Los Angeles Engi- I-405 Freeway at Fairview Road, Southbound Offramp, Project neering. for 1-405 No. 94-06, Federal and ISTEA No. STPLN-5312(009); was Freeway, Project completed to the satisfaction of the Public Services Director No. 94-06 on June 10, 1996, by Los Angeles Engineering, Inc., 4134 L Development, Inc.; and Sandra E. Whyte. Public Utilities Notice from Southern California Edison Company that Commission +Application No. 96-07-009 was filed with the Public Utilities Commission requesting authority to adopt the Performance Based Ratemaking and Incentive Based Ratemaking mechanisms specified in D.95-12-068, as modified by D.96- 01-009, and related changes. WARRANTS Warrant Resolution 1629, funding City operating expenses in Approved Warrant the amount of $1,205,599.49; and Payroll 9614 for 1629; Payroll 9614 $1,347,860.12, were approved. i REJECTED CLAIMS The following claims were rejected: Caristi :Michael and Marisol Caristi (alleged negligence by Police officers). Cooper Peter Cooper (alleged false arrest and assault by Police). Davis Barbara Davis (fall due to defective sidewalk). Nielsen i Chad Jarrod Nielsen (reimbursement of tow fees). ADMINISTRATIVE Bids for Bid Item No. 992, Voice Storage and Retrieval ACTIONS/Awarded Transcribing Equipment, including 'one-year preventative Bid Item 992, Voice maintenance and repair service, are on file in the City Clerk's Transcribing Equip- office. The contract was awarded to Dictaphone Corporation, ment, to 1401 North Tustin Avenue, Suite 150, Santa Ana, for Dictaphone $40,006.00. 800 Megahertz The following items were approved in connection with the Communications 800 Megahertz Countywide Coordinated Communications System System: Approved Update Establishment of a capital improvement project for upgrade of the Communications Center dispatch consoles. Approved First :The City's first payment for the System under the joint Payment agreement, utilizing funds previously deposited with the 'County of Orange and returned to the City under the Bankruptcy Plan of,Adjustment. Approved Adjustment Budget Adjustment No. 97-04 for $1,039,865.00. Adopted Resolution Resolution 96-76, A RESOLUTION OF THE CITY COUNCIL OF 96-76 Authorizing THE CITY OF COSTA MESA, CALIFORNIA, APPROVING AND Execution of Sup- AUTHORIZING EXECUTION OF SUPPLEMENT NO. 025 TO plement No. 025 to THE LOCAL AGENCY -STATE AGREEMENT FOR FEDERAL AID Local Agency -State NO. 12-5312 BETWEEN THE STATE DEPARTMENT OF Agreement for TRANSPORTATION AND THE CITY OF COSTA MESA, in Federal -Aid No.., connection with the Harbor Boulevard Rehabilitation, Wilson 12-5312 Street to MacArthur Boulevard, ..Project No. 96-12, was adopted. Accepted Work by Los Angeles Engi- I-405 Freeway at Fairview Road, Southbound Offramp, Project neering. for 1-405 No. 94-06, Federal and ISTEA No. STPLN-5312(009); was Freeway, Project completed to the satisfaction of the Public Services Director No. 94-06 on June 10, 1996, by Los Angeles Engineering, Inc., 4134 L ZG9 Temple City Boulevard, Rosemead. The work was accepted; the Deputy City Clerk was authorized to file a Notice of Completion; authorization was given to release retention monies 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 6 months thereafter. Accepted Work State Route 55 Overcrossing Streetlight Installation, Project by Signal Mainte- No. 96-01, HES No. STPLH-5312(010), was completed to the nance for SR55 satisfaction of the Public Services Director on June 20, 1996, Streetlight Installa- by Signal Maintenance, Inc., 2283 Via Burton Street, tion, Project No. Anaheim. The work was accepted; the Deputy City Clerk was 96-01 authorized to file a Notice of Completion; authorization was given to release retention monies 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 6 months thereafter. Agreement with Item 5 on the Consent Calendar was presented: Award Barton-Aschman for contract for 17' Street/Newport Boulevard/ Superior Avenue, Design of 17th/ design services to Barton-Aschman Associates, Inc., 2 Newport/Superior Venture, Suite 550, Irvine, for $112,639.00; and a resolution Improvements requesting the Orange County Transportation Authority (OCTA) to allocate Measure M funds. Mayor Pro Tem Buffa announced that he would abstain from voting on this item. MOTION On motion by Council Member Genis, seconded by Council Approved Agree- Member Hornbuckle, and carried 4-0, Mayor Pro Tem Buffa ment; Adopted abstaining, the agreement was approved, and Resolution 96 - Resolution 96-75 75, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE ORANGE COUNTY TRANSPORTATION AUTHORITY TO ALLOCATE MEASURE M FUNDS FOR DESIGN OF THE NEWPORT BOULEVARD/17T" STREET INTERSECTION IMPROVEMENT PROJECT, was adopted. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Weed Abatement place set for the public hearing to consider a resolution approving the report of the Fire Chief or his designee, showing the cost of removing rubbish and weeds. Notice of the public hearing was posted as required by the Municipal Code. No communications were received. The Fire Marshall reviewed the Agenda Report dated July 17, 1996. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Hornbuckle, seconded by Adopted Resolution Council Member Genis, and carried 5-0, Resolution 96-77, A 96-77 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING AND CONFIRMING THE REPORT OF THE FIRE CHIEF OR HIS DESIGNEE. SHOWING THE COST OF REMOVING RUBBISH AND' WEEDS AND REFUSE OR DIRT ON OR IN FRONT OF EACH SEPARATE PARCEL OF LAND IN THE CITY OF COSTA MESA, was adopted. PUBLIC HEARING The Deputy City Clerk announced that this was .the time and Costa Mesa Tennis place set for the public hearing to consider a resolution finding Club ADA Accessi- an exemption from the ADA Accessibility Guidelines and bility Guidelines California Disabled Access Regulations for an existing path -of - Exemption travel to the Costa Mesa Tennis Club; and City Attorney's 27® MOTION Adopted Resolution 96-78 PUBLIC HEARING Flood Insurance Rate Map Report No. 96-62A. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The City Attorney summarized the Agenda Report dated July 23; 1996. There being no speakers, the Mayor closed the public hearing. 0'n motion by Mayor Pro Tem Buffa, seconded by Council Member Genis, and carried 5-0, Resolution 96-78, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING AN EXEMPTION FROM THE ADA ACCESSIBILITY GUIDELINES AND CALIFORNIA DISABLED ACCESS REGULATIONS FOR AN EXISTING PATH- O;F-TRAVEL TO THE COSTA MESA TENNIS CLUB AT 880 JUNIPERO DRIVE, COSTA MESA, was adopted. The Deputy City Clerk announced that this was the time and place set for the public hearing to consider an ordinance to update the flood insurance rate map reference. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Public Services Director reviewed the Agenda Report dated July 29, 1996, explaining that when the City adopts the new map dated April 30, 1996, citizens will remain eligible for the Federal flood insurance program. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Genis, seconded by Council Ordinance 96-11 Member Hornbuckle, and carried 5-0; Ordinance 96-11, AN Given First Reading ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, _CALIFORNIA, AMENDING SECTION 13-257 OF ARTICLE 17-1/2, TITLE 13 OF THE COSTA MESA MUNICIPAL CODE TO UPDATE THE FLOOD INSURANCE RATE MAP REFERENCE, was given -first reading and passed to second reading. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Cable Television place set for the public hearing to consider a resolution Franchise Transfer approving transfer of control of the cable television franchise from Continental Cablevision, Inc., to U.S. West, Inc. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The City Attorney reviewed the Agenda Report dated July 30, 1996. Jeff Davis, representing Continental Cablevision, 575 Anton Boulevard, Suite 1000, Costa Mesa, introduced Del Heintz, General Manager of the system office at 200 Paularino Avenue East, Costa ,Mesa, and voiced his concurrence with the staff recommendations. Mayor Erickson stated for the record that a study session had held on this item. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Adopted Resolution Member Monahan, and carried 5-0, Resolution 96-79, A 96-79 RESOLUTION OF THE CITY COUNCIL OF THE 'CITY OF COSTA MESA, CALIFORNIA, APPROVING THE TRANSFER OF CONTROL OF A CABLE TELEVISION FRANCHISE FROM CONTINENTAL CABLEVISION, INC. TO U.S. WEST, INC., was adopted. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Rates for Additional place set for the public hearing to consider a resolution Community Ser- adopting schedules of rates, fees, and charges for nine new vices Classes Community Services instructional classes. The Affidavit of Publication is on ifile in the City Clerk's office. No communications were received. The Community Services Director summarized the Agenda Report dated July 24, 1996. There being no speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Hornbuckle, seconded Adopted Resolution by Mayor Erickson, to adopt Resolution 96-80, A 96-80 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING AND ADOPTING SCHEDULES OF RATES, FEES, AND CHARGES FOR SERVICES BY THE CITY OF COSTA MESA. Council Member Genis supported the motion but observed that there is a possibility that sales presentations are being given at classes such as "Your Crowning Glory -Your Hair", thereby avoiding a room rental fee. She asked that the sales of materials in conjunction with public classes be reexamined in the future. Council Member Monahan requested that the motion include a stipulation that the policy be reviewed before classes are set for the next quarter. Council Member Hornbuckle added to the motion that the procedure for developing classes shall be examined by the Parks, Recreation Facilities, and Parkways Commission. Mayor Erickson concurred, and the motion carried 5-0. The City Manager noted for the record that the discussion on the classes during the April study session focused more on the financial composition than on the need for the classes themselves. OLD BUSINESS The Deputy City Clerk presented from the meeting of July 15, Rezone Petition 1996, second reading and adoption of Ordinance 96-10, R-96-02 adopting Rezone Petition R-96-02, changing the zoning of 640 West 17TH Street from MG To C2. MOTION On motion by Council Member Monahan, seconded by Mayor Adopted Ordinance Pro Tem Buffa, and carried 3-2, Council Members Erickson 96-10 and Genis voting no, 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 17TH STREET FROM MG TO C2, was given second reading and adopted. OLD BUSINESS The Deputy City Clerk presented. --,a request from Richard Spix, Request for Rehear- 160 Newport Center Drive, Suite 260, Newport Beach, for ing of Fair Board/ rehearing of the City Council's decision on July 15, 1996, City Agreement approving a settlement agreement with 32nd District Agri- ultural Association; and City Attorney's Report No. 96-68. A communication was received from Rick K. Pickering, Deputy General Manager, Orange County Fair & Exposition Center, 32nd District Agricultural Association, 88 Fair Drive, Costa Mesa, asking that the following be read into the record: :2'7JL 2'72 "Having reviewed in detail the written record of the July 15, City Council Meeting, as well as the video tape of the July 1, Joint Meeting of the City Council and the Fair Board, the 32nd D.A.A. concurs with City Attorney Report Number 96- 68. The 32nd D.A.A. urges denial of the request for rehearing in that the City's requirements for a rehearing have not been met by the applicant. No new information has been presented in the application that was not provided or could not have been known at the time of the Council's deliberations on this matter. 'Furthermore, this specific request fora rehearing should be viewed with the common understanding that the applicant is in current litigation against the 32nd D.A.A. on another matter." A communication was received at the meeting from Richard L. Spix outlining legal and factual issues in support of a rehearing. Richard Spix, attorney for the "Concerned Citizens of Costa Mesa" in their lawsuit against the District, expressed a desire to ensure that the current, more protective sound levels, which are attached to the sale agreement, will not be obviated. He urged Council to grant him another opportunity to discuss the matter, and addressed the environmental documentation analysis. He emphasized that there is no dual use prohibition, which means that an event could occur at the Pacific Amphitheatre at the same time the annual Orange County Fair is in progress. He felt that the Environmental Impact Report should be reviewed. Heather Somers, 427 East 171h Street, Costa Mesa, asked questions regarding the agreement, and supported the rehearing. Laurie Lusk, 947 Serra Way, Costa Mesa, spoke in support of a ;rehearing because of the noise consideration. Alan Remington, 1164 Boise Way, Costa Mesa, reported that he had previously heard Pacific Amphitheatre concert sounds from his home which is south of the 1-405 freeway, and felt that Council should take the matter seriously. Mayor Pro Tem Buffa did not feel that new information nor information which had not been previously considered had been provided in support of a rehearing. He explained that this is not a land use decision which created a new project or new master plan, but a restatement of the City's legal position. MOTION A motion was made by Mayor Pro. Tem Buffa, seconded by Request Denied Council Member Monahan, to deny the request based on the findings that no new evidence was offered which was not considered at the meetings of July 1 and July 15, 1996, or could have been offered with due diligence, and no violation of California Environmental Quality Act (CEQA) was alleged which was not asserted at the aforementioned meetings. Substitute Motion to Grant the Request Died Council Member Genis opposed the motion and supported a rehearing because notices had not been sent to residents by the Fair Board prior to the joint meeting on July 1, 1996. She indicated that there had been several requests from persons who spoke at the joint meeting, for example the person who asked for a requirement that any offsite parking be remote, and pointed out that there had been specific requests for mitigation measures. She thought the agreement was unclear on several issues and contained conflicting information. Rick Pickering, Deputy General Manager, Orange County Fairgrounds, 88 Fair Drive, Costa Mesa, responded to questions from Council by reiterating that the Fair Board concurs with City Attorney's Report No. 96-68, and does not believe that Mr. Spix has provided new information to warrant a rehearing. He clarified the Fair Board's position regarding the settlement agreement. Council Member Monahan assured residents that the settlement agreement is a good compromise which will benefit both sides. Council Member Hornbuckle agreed with the Mayor Pro Tem that a public outpouring had not occurred in reference to this agreement, and concurred that it is a good document. A substitute motion was made by Council Member Genis to grant the request to rehear. The motion died for lack of a second. The original motion carried 4-1, Council Member Genis voting no. NEW BUSINESS The Deputy City Clerk presented a. request to terminate the Termination of Memorandum of Understanding (MOU) with the Costa Mesa Civic Playhouse Civic Playhouse effective June 30, 1997. The Community MOU Services Director summarized the Agenda Report dated August 1, 1996. MOTION A motion was made by Council Member Monahan, seconded To Terminate MOU by Mayor Erickson, to terminate the MOU with the Civic Playhouse. SUBSTITUTE A substitute motion was . made by Council Member MOTION Hornbuckle, seconded by Mayor Pro Tem Buffa, and carried 4 - Modified MOU 1, Council Member Monahan voting no, to eliminate Item 4a of the MOU, "CITY shall provide all facilities as set forth in the attached LEASE AGREEMENT."; to eliminate Item 4c, "CITY shall provide maintenance and,, services as set forth in Paragraph 3g."; directing staff to contact the Playhouse to clarify their business plan for keeping payments to the City current for the balance of the agreement, their intentions to continue to exist in their present form, and to ascertain if they feel confident of their ability to meet the payments on the balance of the agreement. NEW BUSINESS The Deputy City Clerk presented the request for a premise -to - ABC License for premise transfer of a Type 21 Alcoholic Beverage License (off - Trader Joes sale general) from Trader Joes, 640 West 17th Street. The Deputy City Manager summarized the Agenda Report dated July 19, 1996. 2'73 ONEW-51 MOTION Almotion was made by Mayor Pro Tem Buffa, seconded by Approved Transfer Council Member Genis, and carried 5-0, to make a finding of p 1 blic convenience and necessity and allow the transfer. NEW BUSINESS The Deputy City Clerk presented a request for a General Plan Request for General Amendment screening from Mark Fink, representing George Plan Amendment Ibrahim, 3638 Green Garden Lane, Orange, to change the land Screening, Ibrahim use designation for the abandoned service station site at 2490 Fairview Road (southeast corner of Fairview Road and Fair Drive), from High Density Residential to Neighborhood Commercial. Communications were received from George Ibrahim, the applicant, in support of his application; and Lou Fanelli, 2486 Fairview Way, Costa Mesa, opposing the proposed gas station. The Deputy City Manager reviewed the Agenda Report dated July 23, 1996, and showed a visual diagram of the site. Mark Fink, Donco &1 Sons, Inc., 725 North Cypress Street, Orange, representing the applicant, reported that over the last three months, he has worked with, the Fairview Village Homeowners Association, the church across the street from the site, and Southern California College, to obtain endorsement of the proposal. He assured Council that Mr. Ibrahim will include the conditions stipulated by the homeowners association in the Conditions of Approval for the Conditional Use Permit. George Ibrahim, the applicant, concurred that he is willing to accept the eight points outlined in the homeowners association letter dated June 17, 1996. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Accepted Appli- Member Monahan, and carried 5-0, the application was cation accepted for processing. NEW BUSINESS The Deputy City Clerk presented a request for a General Plan Request for General Amendment screening from John C. Petry, Sibling Associates, Plan Amendment 2699 White Road, Suite 150, Irvine, to retain the existing Screening, Petry General Commercial land use designation but apply a site- specific floor area ratio standard of 0.75 to property at 1264 Bristol Street, allowing the portion of the site occupied by the tennis club to be redeveloped into a mini -storage facility. The Deputy City Manager summarized the Agenda Report dated July 23, 1996, and responded to questions from Council. John C. Petry, the applicant, reported that he met with representatives of the Acapulco Restaurant who are pleased With the proposed use in that it provides a buffer to the residential area in the back. He stated that he has prepared a site plan which incorporates all the required setbacks and design elements, noting that it is the least intrusive and the Most potentially successful alternative to what is now a "dead area". Heather Somers, 427 East 17th Street, Costa Mesa, asked what kind of visual impact this project would have on surrounding property owners. The applicant responded that renderings and elevations of the project will be prepared, and that he recognizes the need to address the attractiveness of the design. 2'75 MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Accepted Appli- Member Monahan, and carried 5-0, the application was cation accepted. NEW BUSINESS The Deputy City Clerk presented a request for a General Plan Request for General Amendment screening from Mel Malkoff and Elizabeth Seifel, Plan Amendment representing E. W. Christman, State of California, Office of Screening, State Real Estate and Design Services, 400 R Street, Suite 5000, of California Sacramento, to change the land use designation from High Density Residential to General Commercial at the Fairview Developmental Center, 9.8 acres along Harbor Boulevard just north of the main center entrance/Fair Drive intersection. The Deputy City Manager summarized the Agenda Report dated July 23, 1996. Council Member Genis thought that the site would be excellent for lighted ball fields. Mel Malkoff, Malkoff & Associates, 18456 Lincoln Circle, Villa Park, the applicant's representative, reported that it is the intention of the State of California to achieve the highest and best use of this property. He stated that in anticipation of a potential increase in traffic due to the change of land use designation, a traffic study was initiated which indicates that in excess of 9,000 trips will be generated. Mr. Malkoff indicated that a wide variety of general commercial uses will be considered, such as a shopping center, automobile dealership, or a cinema complex. Chris Christman, 2538 Exeter Square, Sacramento, explained that the State occasionally enters into agreements for conveyance of property to other public entities at a figure less than fair market value but this was a matter of policy under a specific procedure. The City Attorney was asked to research the procedure by which publicly owned property is declared surplus, and the manner in which it is offered for sale. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Continued to Member Hornbuckle, and carried 5-0, this item was continued September 3, 1996 to the meeting of September 3, 1996, and staff was directed to interact with the State to determine answers to unresolved questions. NEW BUSINESS The Deputy City Clerk presented a Sister City Agreement with City of Wyndham the City of Wyndham, Victoria, Australia, in the interest of Sister City Agree- building goodwill and friendship. The Management Analyst ment summarized the Agenda Report dated July 30, 1996, reporting that Wyndham was formerly the City of Werribee, and this agreement is designed to reaffirm the Sister City commitment. John DeWitt, 2000 Balearic Drive, Costa Mesa, Chairman of the Sister City Project, observed that the City of Wyndham has shown a great deal of enthusiasm for the project, which includes linking of the two school systems via the Internet. He pointed out the excellent opportunity for an exchange of information between the two governments and between persons in the business communities. Mr. DeWitt gave a' -brief history of the city's name change in connection with the multi - city amalgamation. He announced that those interested in the Sister City program could contact him at 549-1175. -2'76 MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Approved Agree- Member Hornbuckle, and carried 5-0, the agreement was ment approved, and the Mayor was authorized to sign on behalf of the City. i CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORT/Request Government Code Sections 54956.9(a), 54956.9(c), and for Closed Session: 54957.6 to discuss the following: Rhonda Smith v. City of Smith v. City, et Costa Mesa, et al., Orange County Superior Court Case No. al.; Willdan Litiga- 74 99 67; Litigation against Willdan Associates for breach of tion; and Negotia- professional services agreement; and negotiations with the tions with CMCEA, Costa Mesa City Employees Association, the Costa Mesa and Police and Police Association, and the Costa Mesa Firefighters Fire Associations Association. Mayor Erickson announced that closed session would be held at the conclusion of regular business. CITY MANAGER'S The City Manager reported that Assembly Bill 317 which REPORT removes any significant local authority from the shopping cart Shopping Cart retrieval program, has been passed and signed by the Retrieval Program governor. He noted that its companion bill in the Senate was co-sponsored by a local .senator, to whom all complaint calls are being referred. He added that the City will continue to negotiate with the California Grocers Association but expressed little hope. He explained that the City Attorney will be asked to advise on repealing or significantly modifying the current ordinance to bring it into compliance with the new State law. COUNCIL Council Member Genis asked that the policy regarding COMMENTS initiation of General Plan Amendments be clarified. She GPA Initiation; suggested the possibility of contracting out the City's legal Contracting Legal services both in terms of dollar savings and in terms of being Services less "staff driven". ADJOURNMENT At 8:50 p.m., the Mayor adjourned the meeting to a closed TO CLOSED session in the first floor conference room of City Hall to SESSION discuss the items previously announced by the City Attorney. MEETING The Mayor reconvened the meeting at 10:00 p.m., and the RECONVENED action taken during closed session was announced. MOTION Regarding Ronda Smith v. City of Costa Mesa, et al., Orange Accepted Settle- County Superior Court Case No. 74 99 67, by a vote of 5-0 ment Offer, Council accepted the settlement offer as outlined in the Smith v. City, et al. Assistant City Attorney's confidential memorandum dated July 29, 1996. MOTION Regarding litigation against Willdan Associates for breach of a Authorized Exten- professional services agreement, by a vote of 5-0, the City 'sion Regarding Attorney was authorized to seek an extension of 30 days for Willdan service of complaints. Directions Given Regarding negotiations with the Costa Mesa City Employees for Employee Association, the Costa Mesa Police Association, and the Negotiations Costa Mesa Firefighters Association, directions were given to the negotiators. I I ADJOURNMENT The Mayor declared the meeting adjourned at 10:05 p.m. -7 Mayjrof the City of Costa Mesa ATTEST: T. Deputy Cit Clerk of the City of Costa Mesa 277