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HomeMy WebLinkAbout10/07/1996 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA OCTOBER 7, 1996 The City Council of the City of Costa Mesa, California, met in regular session October 7, 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 Pastor Jerrold Hollobaugh, South Coast Christian Church. 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: Deputy City Manager Don Lamm City Attorney Thomas Kathe Public Services Director William Morris Senior Planner Willa Bouwens- Killeen Police Captain Dave Brooks Police Lieutenant Alan Kent Deputy City Clerk Mary Elliott MINUTES On motion by Mayor Pro Tem Buffa, seconded by Council September 16, 1996 Member Hornbuckle, and carried 4-0, Council Member Monahan abstaining, the minutes of the regular meeting of September 16, 1996, were approved as distributed. ORDINANCES AND A motion was made by Mayor Pro Tem Buffa, seconded by RESOLUTIONS Council Member Monahan, and carried 5-0, to read all ordinances and resolutions by title only. NEIGHBORHOOD Council Member Monahan announced that a Neighborhood WATCH MEETING Watch meeting was held on September 23, 1996, at the Harbor Greens Apartments on Peterson Place.. ANNOUNCEMENT Mayor Erickson announced that a 30 -day continuance had been recommended for the following items: New Business No. 6, an ordinance pertaining to the regulation of dogs. City Attorney's Report No. 1, a resolution establishing a discount for dog license fees for dogs under the age of ten months; and requirements for rabies vaccination records. ORAL COMMUNI- Dave Salcido, 954 West 17th Street, Costa Mesa, addressed CATIONS the recently adopted State shopping cart legislation, noting Shopping Cart that a key argument by the California Grocers Association, Legislation had been that the cities were using the cart situation to gain, 305 306 ;revenue. He listed numerous cities who had opposed the !State legislation. Mayor Erickson stated that all shopping ,cart complaints should be directed to Representative Ross ',Johnson, 72nd State Assembly District. Gisler Avenue ;Dave Sperling, 3201 Delaware Place, Costa Mesa, asked Improvements that Council consider at their next meeting a report regarding -the condition of Gisler Avenue. The Public Services Director reviewed the options in relation to Gisler Avenue where it ;meets the Santa Ana River, noting that cost information had ;been provided. He explained staff's recommendation to regrade the dirt area within the next 30 days, and by the end of 1996 to install telephone poles which would prevent vehicles from entering. Mr. Sperling reported that there had ,been three roll-over accidents at this location. Mayor Erickson mentioned the City's opposition to the proposed ;Gisler Avenue bridge which is on the County's Master Plan of Arterial Highways. He asked the Public Services Director ;to provide a report on the time frame for. telephone pole installation and grading, and to investigate potential speed control on Gisler Avenue between Country Club Drive and ;Iowa Street. Cocaine Resolution 'Jeff Stahl, 1965 Arnold Avenue, Costa Mesa, suggested ,adopting a resolution which addresses the "crack cocaine" problem. Norse Avenue 'Gloria Buchtel, 2467 Norse Avenue, Costa Mesa, spoke Retaining Wall about 'the problem with a City retaining wall located across ,the street from her home. She showed photographs which indicated that the wall is on the verge of collapse and will ,not withstand the pressure of a strong rain. Mayor Erickson ;asked that a report be generated addressing the problem, with a copy to Mrs. Buchtel. Robert Bennett, 2462 Norse Avenue, Costa Mesa, reiterated ;the problems with the above-mentioned retaining wall. He ;stated that the wall should be extended to prevent an 'adjacent field from collapsing into his front yard. Mayor Erickson asked that a copy of the report be forwarded to Mr. Bennett. MacDonald Bruce MacDonald, , a homeless person, commented on a Comments letter he had received from the Mayor. Neighbors -for- 'Mark Harris, 917 Tanana Place, Costa Mesa, reported that Neighbors Cleanup, the Neighbors -for -Neighbors cleanup at EI Nido Trailer Park, EI Nido Trailer Park; 1640 Newport Boulevard, was well -organized by a talented 4th Annual Commu- group of City employees. He commented that the 4th annual nity Softball Game community softball game and mini -fiesta, hosted and 'sponsored by the Todos Hermanos and Save Our Youth .(SOY) programs, was also a success. CONSENT The following items were removed from the Consent CALENDAR 'Calendar: Item 5, Agreement with The Irvine Company to restore Vernal Pool Number One at Fairview Park; Item 6, ;Agreement with . Southland Car Counters for the City's annual traffic volume survey; and Item 12, Award of Bid ,Item No. 997, One Street Sweeper, to GCS Western Power !& Equipment Company. 30'7 MOTION/Approved On motion by Council Member Hornbuckle, seconded by Except Items 5, 6, Mayor Pro Tem Buffa, and carried 5-0, the remaining and 12 Consent Calendar items were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Bill E. Blanchard; Terri Burch; Connie McKinney; Brian and Michelle Shorb; and State Farm Insurance Company, as subrogee for Mike Knutson. Presidential Appoint- Resolution from the City of Carson supporting the increase ments to Policy of Presidential appointments to League of California Cities' Committees Policy Committees. WARRANTS Warrant Resolution 1633, funding City operating expenses Approved Warrant for $1,511,792.02; and Payroll 9618 for $1,344,334.65, 1633/Payroll 9618 were approved. Approved Warrant 1634/Payroll 9619 REJECTED CLAIMS Duff ADMINISTRATIVE ACTIONS Approved. Agreement with Humane Society for Animal Shelter Services Warrant Resolution 1634, funding City operating expenses for $1,096,276.16; and Payroll 9619 for $1,356,371.51, were approved. The claim from Robert W. Duff (alleged failure to abate nuisance) was rejected. A three-year agreement was approved with the Orange County Humane Society, 21632 Newland Street, Huntington Beach, to continue providing animal shelter and related services, for the following not -to -exceed amounts: $42,000.00 for 1996-1997; $43,000.00 for 1997-1998; and $44,000.00 for 1998-1999; and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Approved Final Map The Final Map was approved for Tract No. 15293, located at for Tract No. 15293; 2165 Tustin Avenue; 12 lots and Lot "A", 1.35 acres, for Harbinger Homes 12 residential condominiums and a parking lot and open common space; developer, Harbinger Homes, Inc., 130 Greenmoor, Irvine. Accepted Work by Newport Boulevard - Metal Beam Guardrail, 22"d Street Azcraft Services for Overcrossing Chainlink Railing Installation, Project No. 96 - Newport Boulevard- 02, HES No. STPLHG-5312(012), was completed to the Metal Guardrail, 22nd satisfaction of the Public Services Director on August 15, Street Railing Installa- 1996, by Azcraft Services, Inc., 209 East Broadway, No. C, tion; Project No. Vista. The work was accepted; the Deputy City Clerk was 96-02 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 by Destructive Testing for Downtown Community Center was Mark Sauer for Down- completed to the satisfaction of the Public Services Director town Community on August 20, 1996, by Mark Sauer Construction, 11536 Center Testing Larchmont Drive, Corona. The work was accepted; the Deputy City Clerk was authorized to file a Notice of Completion; authorization was given to release retention monies 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. Awarded Replace- The contract for Replacement of Rolling Grille Door at Costa ment of Police Door, Mesa Police Facility, 99 Fair Drive, Project No. 96-14, was Project No. 96-14, to awarded to Southern California Overhead Door Co., Inc., Southern California 1903 Doreen Avenue, South EI Monte, for $9,400.00; and Overhead Door; the bid from Day & Nite Door Service., 2940 East La Palma Rejected Day & Nite Avenue, Suite B, Anaheim, was rejected as being non - Door Bid 'responsive. Agreement with The Item 5 on the Consent Calendar was presented: Agreement Irvine Company to With The Irvine Company, 550 Newport Center Drive, Restore Vernal Pool Newport Beach, to restore Vernal Pool Number One at No. One at Fairview Fairview Park as a, means of mitigating the loss of vernal Park pool habitat on their project at the University of California Irvine, at a cost to The Irvine Company of $27,000.00 for a permit fee. Mayor Pro Tem Buffa pointed out that the permit fee is actually $500.00 more than noted in the MOTION Agenda Report. On motion by Mayor Pro Tem Buffa, Approved Agreement seconded by Council Member Hornbuckle, and carried 5-0, the agreement was approved for $27,500.00, and the Mayor and Deputy City Clerk were authorized to sign on ,behalf of the City. Agreement with Item. No. 6 on the Consent Calendar was presented: Southland Car 'Agreement with Southland Car Counters, 1411 North Counters for Traffic Batavia Street, Suite 207, Orange, for the City's annual Volume Survey; traffic volume survey, in an amount not to exceed Budget Adjustment $15,000.00. Dave Salcido, 954 West 17th Street, Costa No. 97-17 Mesa, thought that, $15,000.00 was an excessive amount of money to spend on counting cars. The Public Services Director responded that the City is required under State law, 'and to qualify for Measure M funding, to take certain traffic 'counts each year and to analyze the levels of service on the streets and in the intersections. Council Member Monahan .was assured that Southland does a good job and submitted MOTION the best bid on' the market at this point. On motion by Approved Agreement; Council Member Monahan, seconded by Mayor Pro Tem Approved Adjustment Buffa, and carried 5-0, the agreement was approved, and ;the Mayor and Deputy City Clerk were authorized to sign on :behalf of the City; and Budget Adjustment No. 97-17 for $15,000.00, was approved. Award of Bid Item Item 12 on the Consent Calendar was presented: Award of No. 997, Street Bid Item No. 997, One Street Sweeper, to GCS Western Sweeper, to GCS Power & Equipment Company, 1 126 East Truslow Avenue, Western Power and 'Fullerton, for $11 0,674.00. Council Member Monahan Equipment ;reported that the Public Services Department had conducted ;a privatization study in 1993 and 1995 and deduced that it is more economical to retain the street sweeping in-house 'rather than contracting the service to an outside company. MOTION ;On motion by Council Member Monahan, seconded by Approved ;Council Member Genis, and carried 5-0, the award to GCS ;was approved. PUBLIC HEARING ;The Deputy City Clerk announced that this was the time and Appeal of PA -96-49, ;place set for the public hearing to consider an appeal of the Auto Liquidators ;Planning Commission's denial of Planning Action PA -96-49 from Auto Liquidators, 1520 Ponderosa Avenue, Costa Mesa, for a conditional use permit to allow an automobile dealership with some washing and detailing and minor repair of cars to be sold on a site with an existing commercial building, located at 1520 Ponderosa Avenue in a C1 zone. Environmental Determination: Exempt. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. No communications were received. Council Member Genis announced that she would abstain from voting on this item due to the proximity of her residence to the property in question. The Deputy City Manager reviewed the Agenda Report dated September 16, 1996, and showed a diagram of the area. Mayor Erickson thought that should the application be approved, the Conditions of Approval, Exhibit "B" to the resolution, should be modified as follows: Condition of Approval No. 5, reduce the hours of operation; and Condition of Approval No. 6, no automobile sales involved. The Senior Planner added that Condition of Approval No. 4 should be modified to reflect that employee parking shall be designated in front of the site, with that designation to be installed on the property and direction given to the employees within seven days of City Council action. She suggested adding Condition of Approval No. 13 prohibiting any retail sales of cars at this location. She clarified that the modified hours for Condition of Approval No. 5 would be 8:00 a.m. to 6:00 p.m., Monday through Friday, 9:00 a.m. to 6:00 p.m., Saturday, and closed on Sunday. Corrie Kates, President, Foothill Project Management, 227- 1/2 28th Street, Newport Beach, representing the applicant, stated that the business owners are in concurrence with the above-mentioned modifications to the Conditions of Approval. He explained that the site would be used for storage and performing minor repairs and detail work. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Monahan, seconded' Adopted Resolution by Mayor Pro Tem Buffa, and carried 4-0, Council Member 96-91 Approving Genis abstaining, adopting Resolution 96-91, A PA -96-49 RESOLUTION OF THE CITY COUNCIL- OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING ACTION PA -96-49, subject to the Conditions of Approval, with modifications to Nos. 4, 5, and 6, as follows: No. 4, "Employee parking in front .,of the building shall be designated on the site under the direction of Planning Staff. This condition shall be completed within 7 days of City Council action."; No. 5, "Hours of operation shall be limited to 8:00 a.m. to 6:00 p.m., Monday through Friday, and 9:00 a.m. to 6:00 p.m., Saturday."; No. 6, "The business shall be limited to limited repair work as described in the staff report and washing and detailing of automobiles to be sold at the 2901 Harbor Boulevard location only."; and the addition of Condition of Approval No. 13, "No retail sales of cars shall occur at this location." - 310 OLD BUSINESS 'The Deputy City ,Clerk presented from the meeting of ABLE Reorganization September 16, 1996, a proposal for combined law jenforcement helicopter operations between Newport Beach and Costa Mesa police departments: I - Resolution approving the transition and reorganization plan for Airborne Law Enforcement Services (ABLE). Revised ABLE Memorandum of Understanding (MOU) and initiation of Option No. 1 of the proposed ABLE reorganization. Retain one Police Sergeant and one Police Helicopter Pilot (total cost approximately $186,000.00); and authorize the Police Chiefi to deploy the positions in other Police Department divisions. ;The Police Captain summarized the Agenda Report dated October 7, 1996. MOTION Adopted Resolution ;A motion was made by Council Member Hornbuckle, 96-92; Approved ;seconded by Mayor Pro Tem Buffa, to take the following MOU; Authorized ;action: Police Personnel Adopt Resolution 96-92, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE TRANSITION AND REORGANIZATION PLAN FOR AIRBORNE LAW ENFORCEMENT SERVICES. Approve the revised ABLE Memorandum Lof Understanding (MOU), and authorize the City Manager to sign on behalf of the City; and initiate Option No. 1 of the proposed ABLE reorganization. Approve the retention of one Police Sergeant and one Police Helicopter Pilot, and authorize the Police Chief to deploy the position in other Police Department divisions. j ,Council Member Genis felt that the issue regarding disposition of assets if the plan does not work out should be addressed, specifically how `the City would determine the value of the equipment which had been jointly purchased and "who would pay who for what.", She clarified that she was interested in the process to be used to choose an appraiser, would each entity have their own appraiser, how arbitration occurs, and that sort of thing. The Police Captain responded that documentation covering these issues would be forthcoming shortly. ,Mayor Erickson asked that Council Member Genis's comments be incorporated into the motion, and the maker of the motion and the seconder concurred. Council Member Hornbuckle clarified the motion as follows: Under the recommendation of approval for the revised ABLE MOU, add "with the understanding that additional details will be' coming back to the Council for approval regarding disposition of assets in the case of a breakup of ABLE." .The City Attorney explained that the document referred to in the motion are the changes in Exhibit A to the resolution, and further revisions, as referred to by the Police Captain, are revisions which will be made to other sections of the MOU and will require a separate resolution. He clarified for the record that the changes to the MOU that the City Manager is being authorized to sign are the changes attached to Exhibit A to the resolution. The motion carried 5-0. OLD BUSINESS The Deputy City Clerk presented a report on the Citywide Citywide Alley and Alley and Sidewalk Repair. A communication was received Sidewalk Repair from Jeff Hutter, 282 Esther Street, Costa Mesa, and Brad Bourgeois, 273 East 20' Street, Costa Mesa, offering solutions for improvement of the alley bordered by Esther Street, 20" Street, Santa Ana Avenue, and Westminster Avenue. The Public, Services Director reviewed the Agenda Report dated September 30, 1996. He responded to questions by stating that the 16 dirt alleys in the City have higher maintenance costs. Geneva Ryan, 3902 River Avenue, Newport Beach, stated under Oral Communications that she owns units on Coolidge Avenue and the alley behind her property is in poor repair. She later questioned the City's policy regarding potholes. Mayor Erickson answered that there is a "Pothole Hotline" and the requests are responded to within a 48-hour period. Ms. Ryan addressed the issue of Housing and Urban Development (HUD) monies allocated to the improvement of Coolidge Avenue, which she felt had not been utilized properly. Paul Knowlton, 281 East 20th Street, Costa Mesa, read a letter from his attorney dated August 20, 1993, addressed to the City, wherein he complained about the condition of the alley behind Mr. Knowlton's home which the City had repaired with broken asphalt roadbase. He showed photographs which illustrate that the alley had been raised 6 to 12 inches as a result of this procedure, resulting in the flooding of Mr. Knowlton's yard. Mayor Erickson asked the Public Services Director to forward a copy of the subject letter to Council. The following Costa Mesa residents addressed similar problems with the aforementioned alley: Laura Malmquist, 1993 Santa Ana Avenue, stated that her son is handicapped and the alley is difficult to negotiate in a wheelchair; Jeff Hutter, - 282 Esther Street, who also addressed other alleys in the City which are in need of.. -repair; Brad Bourgeois, 273 East 20th Street; and Rolf Hoevel, 1982 Westminster Avenue. Heather Somers, 427 East 17th Street, Costa Mesa, President of the East Side Homeowners Association, was informed by the Public Services Director that the City does not intend to include. the alleys as part of the traffic circulation study for the east side. Regarding the use of grant funds for alley repair, Mrs. Somers asked for the breakdown as to where the low income areas are located within the City. X11 r 312 Gloria Buchtel, 2467 Norse Avenue, Costa Mesa, stated that the cracked and broken sidewalks in her area need repair. She asked for a response to her request that the City inform her of its intentions regarding these sidewalks. Dave Salcido, 954 West 17th Street, Costa Mesa, suggested that monies for repair be spent wisely. A question and answer period ensued. MOTION A motion was made by Council Member Monahan, seconded Gave Directions to by Council Member Erickson, to take the following action: Staff direct staff to prepare for Council consideration a design/cost estimate on alley Nos. 106, 107, and 108 (20th Street, Esther Street, and Westminster Avenue), and look into the cost for concrete; repair the potholes on alley No. 47 (Coolidge Avenue); move the remaining 10 to 15 dirt alleys in the City to the top of the priority list; investigate the possibility of using Community Development Block Grant ,(CDBG) funds to repair the alleys, investigate if there are programs that could be used in the target areas; and 'determine whether funding is available. ;Council Member Monahan clarified that alley Nos. 106, 107, 'and 108, should be top priority because of the many complaints received. He added that the motion includes 'conducting preliminary engineering far enough along so that ,construction cost estimates may be obtained. ,Council Member Hornbuckle observed that there are many alleys that need work; and, in this case, it seems like the "squeaky wheel gets the grease". She stated that she :would support the motion only because it would be returned �to Council for final decision on those particular alleys. She ;felt that more information was needed, and suggested 'conducting some additional study, particularly on grading. Council Member Genis stated that she would like more ;information before pursuing the alley improvements, and agreed that some residents were being given priority treatment. She asked for more information on the existing !paved alleys, that is, whether they were done under a ;previous City program or an assessment district. Council ;Member Hornbuckle mentioned that the drainage issue is a !major concern which should be considered. The motion carried 5-0. ;Council Member Monahan reported that an exemption to the Americans with Disability Act (ADA) is available if the costs :are extremely high to repair the sidewalks. He indicated that it would be appropriate to investigate CDBG funding for ;sidewalks, and . thought that this information could be 'incorporated into the report on CDBG funds, which includes ,the Job Center. MOTION IA motion was made by Council Member Monahan, seconded Approved Alternative !by Mayor- Pro Tem Buffa, and carried 5-0, to select No. 1 iAlternative No. 1, Prepare -a Comprehensive Missing Sidewalk Study, keeping in mind that many of the small sidewalks may be done at a relatively low price. i 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 a request to appoint an Access Appeals alternate to the Access Appeals Board. The City Attorney Board Appointment reviewed the Agenda Report dated September 30, 1996. Mayor Pro Tem Buffa addressed the issue of the power of an alternate committee member stating that an alternate would count towards having a quorum and could be a voting member of the board before being designated as a full member. MOTION On motion by Council Member Monahan, seconded by Mayor Appointed Humphrey Pro Tem Buffa, and carried 5-0, alternate Jay Humphrey was as Regular Member appointed as a regular member of the Board to fill the unexpired term of Nancy Palme which terminates June, 1997, and staff was directed to postpone advertising for letters of interest to fill the Board alternate member vacancy until other committee vacancies allow for joint advertising. The maker of the motion and the seconder agreed to add the definition of the role of an alternate as defined above. NEW BUSINESS The Deputy City Clerk presented a request for a person -to - ABC License for person and premise -to -premise transfer of a Type 47 Bertolini's Authentic Alcoholic Beverage License (on -sale general for a bona fide Trattoria public eating place) from Bertolini's Authentic Trattoria, 901- A South Coast Drive (Metro Pointe Retail Center). The Deputy City Manager reviewed the Agenda Report dated September 24, 1996. MOTION A motion was made by Mayor Pro Tem Buffa, seconded by Received and Filed Council Member Genis, and carried 5-0, to receive and file the request. NEW BUSINESS The Deputy City Clerk presented a request for a person -to - ABC License for person and premise -to -premise transfer of a Type 20 Santa Monica Alcoholic Beverage License (off -sale beer and wine) from Seafood Santa Monica Seafood, 154 East 17th Street. The Deputy City Manager summarized the Agenda Report dated September 18, 1996. Council Member Monahan pointed out that the actual term according to code would be to make a finding of "public convenience or necessity", not "and". Council Member Genis noted that an objective of Council is to keep control of the number of ABC licenses in the City, and asked if the City is aware,of the original holder of„ these licenses. The Deputy City Manager responded that.it was the Smart & Final store in the City of Orange. MOTION A motion was made by Mayor Pro Tem Buffa, seconded by Made Finding of Council Member Monahan, and carried 4-1, Council Member Public Convenience Genis voting no, to make a finding of public convenience or or Necessity necessity. NEW BUSINESS The Deputy City Clerk presented a request for a premise -to - ABC License for - premise transfer .of a Type 41 Alcoholic Beverage License Chez Fay an (on -sale beer and wine for a bona fide public eating place) American Cafe from Chez Fay an American Cafe, 462 East 17th Street (to . 313 be transferred from their existing location at 670 West 171H 'Street). Mayor Erickson announced that this application is ;within 2,500 feet of his residence; however, the City Attorney was of the opinion that it is not a conflict of interest because it would not affect the value of his property. The Deputy City Manager reviewed the Agenda ,Report dated September 18, 1996. MOTION A motion was made by Council Member Monahan, seconded Received and Filed by Council Member Hornbuckle, and carried 5-0, to receive and file the request. NEW BUSINESS ;The Deputy City Clerk presented a request from Rod Request to Waive MacMillan, 1875 Anaheim Avenue, Costa Mesa, to waive Fees for Luke Davis fees for use of the Neighborhood Community Center on Celebration October 27, 1996, for the Luke Davis 901h birthday 'celebration. The Community Services Director reviewed the Agenda Report dated September 26, 1996. Mark Harris, 917 Tanana Place, Costa Mesa, asked that the fee be waived because of Mr. Davis's illustrious coaching record and his many contributions to the community. MOTION A motion was made by Council Member Monahan, seconded To Charge One -Half ;by Mayor Pro Tem Buffa, to charge a room fee of $280.00 the Rate which is one-half the regular price. SUBSTITUTE A substitute motion was made by Council Member Genis, MOTION ;seconded by Council Member Hornbuckle, and carried 4-1, Approved Non- Mayor Pro Tem Buffa voting no, to charge the nonprofit profit Rate 'room rate. Council Member Hornbuckle reported that Mr. Davis served :on the Board of the, Directors of the Boys Club of the Harbor ;Area for many years, as well as the Harbor Area baseball program, and she thought that the Boys Club would be ;willing to be the nonprofit sponsor of the celebration. MOTION 'On motion by Council Member Hornbuckle, seconded by Continued to Council Member Genis, the following items were continued November 4, 1996 oto the meeting of November 4, 1996: NEW BUSINESS Ordinance amending Section 12-42 of the Costa Mesa Regulation of Dogs Municipal Code pertaining to the regulation of dogs; and City Attorney's Report No. 96-78A. CITY ATTORNEY'S City Attorney's Report No. 96-80 regarding a resolution REPORT establishing a discount for dog license fees for dogs Dog License Fees; under the age of ten months; and requirements for rabies Rabies Requirements vaccination records. ;Council Member Genis asked staff to meet with the Bark :Park Committee regarding the ordinance pertaining to the ;regulation of dogs.. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORT Government Code Sections 54956.9(a) and 54956.9(c) to Request for Closed discuss U.S. Bankruptcy Case No. SA-95-21823(JB), Loren Session: Wyrick ,Wyrick. He noted for the record that a communication had Bankruptcy been received from Mr. Wyrick,' 52 Santa Clara, San 1 1 Clemente, addressing this matter. Mayor Erickson announced that closed session would be held at the conclusion of regular business. CITY MANAGER'S The request to hire two full-time Park Ranger/Community REPORT Service Specialists to be supervised by the Police Request to Hire Park Department; and Budget Adjustment No. 97-16 for Rangers $107,200.00, was presented. The Police Lieutenant summarized the Agenda Report dated October 7, 1996, noting that the Park Rangers will not carry weapons and explained their association with the Police Department. He reported that in the future they may be equipped with pepper spray for their protection against vicious dogs. He estimated that it will be approximately six to nine months before the program is operable. Council Member Monahan suggested reviewing the program after it has been operational for six or eight months to ascertain if the equipment being used is adequate. Mark Harris, 917 Tanana Place, Costa Mesa, member of the Parks, Recreation Facilities, and Parkways Commission, stated that the Commission had spent many hours to prepare a good package and asked for Council's support. He detailed the research that went into preparing the report. Heather Somers, 427 East 17th Street, Costa Mesa, asked how much medical aid the Park Rangers would be expected to give, and expressed her concern regarding unleashed dogs in City parks. The Police Lieutenant responded that the Rangers would be expected to issue citations for unleashed dogs, and would have a small first aid -kit for minor medical problems. He felt that it would be a good idea for the rangers to have a CPR training course. MOTION A motion was made by Council Member Monahan, seconded Approved Rangers; by Mayor Pro Tem Buffa, and carried 5-0, to approve hiring Approved Adjust- the Park Ranger/Community Service Specialists, and to ment approve Budget Adjustment No. 97-16. CITY MANAGER'S The Deputy City Manager presented a request to reschedule REPORT/Study the October 14, 1996, City Council Study Session and Session and Redevel- Redevelopment Agency meeting because of . the annual opment Meeting League of California Cities conference. The Deputy City.' Manager reviewed the Agenda Report dated October 2; 1996, MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Rescheduled to Member Genis, and carried 5-0, the Council Study Session October 28, 1996 and Redevelopment Agency meeting were rescheduled to October 28, 1996, at 4:00 p.m. and 5:30 p.m., respectively. COUNCIL Council Member Hornbuckle noted that an earlier speaker COMMENTS had expressed concern regarding the road work at Harbor Harbor/Adams Boulevard and Adams Avenue and asked the Public Services Road Work Director to review the situation. He explained that two projects were in progress in that area, and completion is scheduled prior to the Thanksgiving holidays. He added that ` two additional Harbor Boulevard projects would begin in 315 316 Proposition 218 'early 1997. Council Member Hornbuckle, speaking as an ;individual citizen, encouraged the public to look carefully at ;Proposition 218 which takes away local control. Pothole Hotline ;Council Member Monahan gave the Pothole Hotline telephone number, 642-1721. League of California ;Mayor Erickson announced that the annual League of Cities Meeting ;California Cities meeting is October 13, 14, and 15, 1996, ;and asked for Council Member input on ,issues. He stated ithat recycling of telephone books will take place between September 23, and November- 28, 1996, in various locations throughout the City, including a drop box in front of City flall. ADJOURNMENT TO !At 9:25 p.m., the Mayor adjourned the meeting to a closed CLOSED SESSION !session in first floor Conference Room C to discuss the item ;previously announced by the City Attorney. MEETING - iThe Mayor reconvened the meeting at 9:45 p.m., and the RECONVENED !action taken during closed session was announced. MOTION iRegarding U.S. Bankruptcy Case No. SA-95-21823(JB), Reopened Bankruptcy ;Loren Wyrick, Council voted 5-0 to authorize the City ,Attorney to file a motion to reopen the bankruptcy case and ;have the City loan declared a nondischargeable debt. ADJOURNMENT .The Mayor declared the meeting adjourned at 9:50 p.m. r May r of the City of "Costa Mesa ATTEST: 1 {Deputy City C@erk of the City of Costa Mesa