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HomeMy WebLinkAbout06/16/1997 - City CouncilA08 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JUNE 16, 1997 The City Council of the City of Costa Mesa, California, met in rebular session June 16, 1997, at 6:30 p.m., in the Council C l ambers 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 Cowan, and invocation by Dr. James T. Bradford, Newport - Mesa Christian Center. ROLL CALL Council Members Present: Mayor Peter Buffa Mayor Pro Tem Gary Monahan Council Member Joe Erickson Council Member Libby Cowan Council Member Heather Somers Council Members Absent: None i Officials Present: City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Development j Services Donald Lamm Public Services Director William Morris Finance Director Susan Temple Transportation Services Manager Peter Naghavi Assistant to the City Manager Ann Gyben I Police Lieutenant Ron Smith Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Erickson, seconded ''by Council June 2, 1997 Member Somers, and carried 5-0, the minutes of the regular--.- meeting of June 2, 1997, were approved as 'distributed.. ORDINANCES AND Al motion was made by Council Member Erickson, seconded RESOLUTIONS by Council Member Somers, and carried_ 5-0, tc,: - read all ordinances and resolutions by title only. PRESENTATION Mayor Buffa announced that a presentation: would be given by both the 1996 and 1997 Miss Costa Mesa. Me16hie Long, 1996 Miss Costa Mesa, reported on the various events in which she participated after being crowned last year: the Miss California pageant at which she received a $10,000.00 scholastic scholarship; second runner-up in the Miss Newport Beach contest; and attending grand openings for businesses in' the City. Olivia Ayala, 1997 Miss Costa Mesa, reported that she just- completed her first year at the University of. California, Long Beach., where she is majoring in Music, and piIans on pursuing a career in the recording industry. She also' mentioned that she will be singing at the Orange County Fair in� July. 1 rJ ORAL COMMUNI- Donn Hall, 3080 Johnson Avenue, Costa Mesa, referred to a CATIONS recent article in the Costa Mesa Breeze regarding police Code Enforcement officers teaming 'up with Building Safety officials and Code Enforcement Officers to perform code enforcement duties in the neighborhoods. He felt that police officers should be utilized for patrolling neighborhoods. Mayor Buffa explained that this issue is still being reviewed. "On Center Stage" Caroline Butler, 208 Susannah Place, Costa Mesa, .thanked Variety Show the Mayor and the City Manager for participating in the "On Center Stage", variety show which was held on June 6, 1997, at the Costa Mesa Senior Center. She reported that all funds from the variety show go directly to services and programs for the senior citizens of Costa Mesa. CONSENT The following items -Mas removed from the Consent Calendar: CALENDAR Item No. 1, Reading Folder, second item, Alcoholic Beverage Licenses. Item No. 9 Re- Item No. 9, Renewal of the agreement with Hazelrigg Risk moved from the Management, Inc., 1310 Valley Vista Drive, Diamond Bar, for Agenda workers' compensation claims administration, for $151,500.00, was removed from the Agenda per the City Manager's Memorandum dated June 12, 1997, and re- scheduled for the meeting of July 7, 1997. MOTION On motion by Council Member Erickson, seconded by Council Approved Except Member Cowan, and carried 5-0, the remaining Consent Item 1 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: Robert Chatwin; and Michelle Noel. WARRANTS. Warrant Resolution 1652, funding City operating expenses in Approved Warrant the amount of $2,870,363.94; and Payroll 9711 for 1652/Payroll 9711 $1,352,051.18, were approved. -REJECTED CLAIM Daneault ADMINISTRATIVE ACTIONS/Awarded Bid 1006, Rental of Four Copiers, to Astro Business Solutions Awarded Traffic Signal Installation at Fairview Park Entrance, Project No. 97-06, to Computer Service The claim from Ronald Daneault (injured in vehicle accident during Harbor Boulevard construction project) was rejected. Bids received for Bid Item No. 1006, Rental of Four Copiers, are on file in the City Clerk's office. The contract was awarded to Astro Business Solutions, Inc., 123 Paularino Avenue, Costa Mesa, in an annual amount not to exceed $109,22.0.00 (including sales, tax) for a three-year contract (annual cost will not exceed 536,407.00.). Bids received for Traffic Signal Installation and Street Improvements at Fairview Regional Park Entrance and Placentia Avenue, Project No. 97-06, Federal No. STPLHG-5312 (017), are on file in the City Clerk's office. The contract was awarded to Computer, Service Company, 4570 East Eisenhower Circle, Anaheim, for $121,112.00. 10!) 110 f Accepted Work by Street Improvements on Fullerton Avenue, in conjunction with C. Construction; Encroachment Permit No. 13672, were completed to the Encroachment satisfaction of the Public Services Director by C. Permit 13672, Construction, Inc., 14669 Summer Breeze Circle, Chino Hills. Fullerton Avenue Tlie work was accepted; and the Performance Bond and the Labor and Material Bond were ordered exonerated. Accepted Work by Street excavation at various locations within the South Coast Linkatel Pacific; Plaza area, in conjunction with Encroachment Permit Nos. Encroachment 13217, 13684, and 13860, was completed to the Permits 13217, satisfaction of the Public Services Director by Linkatel Pacific, 13684, 13860, L.1 P., a California Limited Partnership, Alton Deere Plaza, South Coast Plaza 1924 Deere Avenue, Suite 110, Santa Ana. The work was Area accepted; and the Performance Bond and the Labor and Material Bond were ordered exonerated. Approved Amend- Amendment No. 2 for $51,057.90 was approved, extending ment No. 2 to PRC an existing agreement with PRC Public Sector, Inc., 135 Main Contract for Street, Suite 1900, . San Francisco, from July 1 through Computer December 31, 1997, to provide computer software and Maintenance hardware maintenance and recover -all equipment coverage for the Costa Mesa public safety computer system; and the Mayor was authorized to sign on behalf of the City. Measure "M" Measure "M" Eligibility: Maintenance of Effort for Fiscal Program Approved Year 1997-98, and the seven-year Measure "M"/Capital Improvement Program were approved. Approved Transfer Transfer of the City's existing contract with 5 Star Rubbish, of Contract for Bid Post Office Box 9278, Newport Beach, to Rainbow Disposal Item No. 954, Company, Inc., Post Office Box 1026, Huntington Beach, for Solid Waste solid waste collection services, in connection with Bid Item Services No. 954, was approved. Approved Annual The following Building Division annual contracts for Contracts for the construction plan check, supplemental building inspection, Building Division and permit processing services on an "as -needed" basis were approved; and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City: Agreement with CSG - Community Service Consulting Group, 151 Kalmus Drive, Suite C/200, Costa Mesa. Two agreements with Scott Fazekas & Associates, Inc., 5 Corporate Park, Suite 160, Irvine. Two agreements with Vandorpe Chou Associates, Inc., 295 No. Rampart Street, Suite A, Orange. Agreement with Melad & Associates, 8907 Warner Avenue, Suite 161, Huntington Beach. Two agreements with Berryman & Henigar, 2001 East First Street, Santa Ana. Approved Agree- Master Agreement No. 12-5312 with the California ment with Department of Transportation (CALTRANS), to administer the CALTRANS for Agency -State Agreement for Federal Aid Projects, was Federal Aid Pro- approved, and the Mayor and Deputy City Clerk were jects authorized to sign on behalf of the City. 1 1 LI Adopted Resolution Resolution No. 97-49, A RESOLUTION OF THE CITY 97-49 Authorizing COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Public Services AUTHORIZING THE DIRECTOR OF PUBLIC SERVICES TO Director to Sign SIGN PROGRAM SUPPLEMENTS TO THE ADMINISTERING Supplements AGENCY -STATE AGREEMENT, was adopted. Alcoholic Beverage Item No. 1 on the Consent Calendar, second item on the Licenses (ABC) Reading Folder, was presented: A request from Cheers Market; 1525 Mesa Verde Drive East, Suites 127-129, for a person-to-person transfer of a Type 21 ABC license (off -sale general); a request from Yaohan, 665 Paularino Avenue, for a personAo-person transfer of a Type 21 ABC license (off -sale general); a request from Coco's, 1507 South Coast Drive, for a person-to-person transfer of a Type 41 ABC license (on -sale beer and wine for, a .bona fide eating place); a request from Culinary Wrap, 25,, ast 171' Street, Suite D, for an original Type 41 ABC license (on -sale beer and wine for a bona fide eating place); and a request from Westport Trading Company, 711 West 171h Street, Suite G8, for an original Type 17 ABC license (wholesale beer and wine). Council Member Somers wanted the public to be aware of . the five requests_ on the Reading Folder for Alcoholic Beverage Licenses. Mayor Pro Tem Monahan pointed out that three of the ABC licenses are transfers, one license is a restaurant selling beer and wine, and one is for a wholesale license that sells alcohol to MOTION/Received retailers. On motion by Mayor Pro Tem Monahan, seconded and Processed ABC by Council Member Cowan, and carried 5-0, the requests License Requests were received and processed. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Fees for Filming place set for the public hearing to consider a resolution Activities Within establishing and adopting schedules of rates, fees, and the City charges, for services by the City of Costa Mesa relating to filming activities within the City. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Assistant to the City Manager summarized the Agenda Report dated May 23, 1997. There being no speakers, the Mayor closed the public hearing. MOTION/Adopted A motion was made by Council Member Cowan, seconded by Resolution 97-50 Council Member Somers, and carried 5-0, to adopt Resolution 97-50, A 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. PUBLIC HEARING The -Deputy City Clerk announced the public hearing, Citywide Traffic continued from the meeting of June 2, 1997, for annual Impact Fees review of Citywide Traffic Impact Fees: Revised traffic impact fee study. Resolution reconfirming or revising the existing fee of $200.00 per average daily trip and (ADT) as the City's traffic impact fee. (Three additional options are provided in the fee study including a maximum fee of $281.00 per ADTj. 111 110'2 Annual accounting of the Citywide traffic impact fee program. The Public Services Director reviewed the Agenda Report dated May 23, 1997. The Transportation Services Manager summarized the annual trip fee study. Mayor Pro Tem Monahan asked if it would be possible for the Transportation Services Division to simplify the process for a developer to obtain the necessary permits. The Transportation Services Manager stated that the process is a complicated one, and to ensure accuracy, his staff deals with development proposals on a case-by-case basis. He suggested having staff create a chart that would outline the steps and fees that are required for various developments, and return it to the City Council in two months for review. i There being no speakers; the Mayor closed the public hearing. MOTION A motion was made by Council Member Somers, seconded Approved Fee by Council Members Erickson, and carried 5-0, to approve the Study revised traffic impact fee study. MOTION/To Adopt A motion was made by Council Member Somers, seconded Resolution Approv- ey Council Member Erickson, to adopt a resolution ing $200.00 ADT reconfirming the existing fee of $200.00 per average daily Fee trip end. Mayor Buffa stated that the existing trip fee is too high and discourages businesses from coming into the City. He felt that there are alternatives to traffic impact fees. SUBSTITUTE A motion was made by Mayor Buffa, seconded by Council MOTION Member Cowan, adopting Resolution 97-51, A RESOLUTION Adopted Res- OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, olution 97-51, CALIFORNIA, TO ESTABLISH A TRAFFIC IMPACT FEE Reducing the PERTAINING TO NEW DEVELOPMENT IN THE CITY OF Traffic Impact COSTA MESA AND RELATED CAPITAL IMPROVEMENT PLAN Fee to $150.00 FOR TRANSPORTATION IMPROVEMENTS, reducing the traffic impact fees to $150.00 per trip end. i Council Member Erickson did not support the motion because he felt that the $200.00 fee was a reasonable rate based on the reductions that have been done in the past, and the $200.00 is . barely enough money to cover project costs through the annual phasing and monitoring program. Council Member Somers opposed the motion because she believed that those individuals who bring developments into the City should help mitigate and offset some of the costs that are associated with the new use or extended use of the City's roads. Mayor Pro Tem Monahan supported the motion; however, he wanted the fee to be lower, inasmuch as the $150.00 fee still is one of the highest in Orange County. AMENDED After discussion, Mayor Buffa amended his motion to include SUBSTITUTE the Mayor Pro Tem's recommendation to have staff prepare a MOTION report on simplifying the process for applicants. The Simplified Process seconder concurred. Mayor Buffa explained that if the City were to set aside a very small percentage of the City's sales tax, it would equal or exceed the entire trip fee program. He proposed using that The amended substitute motion carried 3-2, Council Members Somers and Erickson voting no. MOTION A motion was made by Mayor Pro Tem Monahan, seconded Approved Annual by Council Member Cowan, and carried 5-0, to approve the Accounting annual accounting of the Citywide traffic impact fee program. RECOGNITION Mayor Buffa recognized Jim Ferryman, Board Member of the Costa Mesa Sanitary District and the Newport -Mesa Unified School District. PUBLIC HEARING The Deputy City Clerk announced that this was the time and 1997-98 City place set for the public hearing to consider the City budget Budget for fiscal year 1997-98: Resolution determining and adopting an appropriations limit for the 1997-98 fiscal year, in accordance with Article XIII -B of the Constitution of the State of California, as amended by Proposition 111 and SB 88. Resolution adopting a budget for the fiscal year 1997-98. Resolution adopting.. the 1997-98 Statement of Investment Policy, and authorizing the City Treasurer to invest and reinvest idle monies of the City of Costa Mesa in accordance with the 1997-98 Statement of Investment Policy, and authorizing the said Treasurer to delegate to the Assistant Director of Finance the carrying out of any such tasks. 113 money to make street improvements for the benefit of both the business and residential communities. AMENDED At the request of Council Member Cowan, Mayor Buffa SUBSTITUTE amended his motion by directing staff to return to a City MOTION/Staff Council Study Session in February, 1998, with trip fee to Provide alternatives. Council Member Cowan felt that the fees affect Alternatives for small business owners more than major developers. February, 1998, c#14 i Study Session A question and answer period ensued between Council and the Transportation Services Manager. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, asked why the City Council and Planning Commission were not represented at the Ad Hoc Citywide Traffic Impact Fee Committee meeting in May, 1997. The City Manager replied that the Ad Hoc Committee meets once a year, and a Council representative had not been appointed at that time. He added that the Planning Commission has no representative on the Committee. The amended substitute motion carried 3-2, Council Members Somers and Erickson voting no. MOTION A motion was made by Mayor Pro Tem Monahan, seconded Approved Annual by Council Member Cowan, and carried 5-0, to approve the Accounting annual accounting of the Citywide traffic impact fee program. RECOGNITION Mayor Buffa recognized Jim Ferryman, Board Member of the Costa Mesa Sanitary District and the Newport -Mesa Unified School District. PUBLIC HEARING The Deputy City Clerk announced that this was the time and 1997-98 City place set for the public hearing to consider the City budget Budget for fiscal year 1997-98: Resolution determining and adopting an appropriations limit for the 1997-98 fiscal year, in accordance with Article XIII -B of the Constitution of the State of California, as amended by Proposition 111 and SB 88. Resolution adopting a budget for the fiscal year 1997-98. Resolution adopting.. the 1997-98 Statement of Investment Policy, and authorizing the City Treasurer to invest and reinvest idle monies of the City of Costa Mesa in accordance with the 1997-98 Statement of Investment Policy, and authorizing the said Treasurer to delegate to the Assistant Director of Finance the carrying out of any such tasks. 113 114 Resolution determining and adopting the General Fund operating reserve for the 1997-98 fiscal year, in accordance with Title 2, Chapter V, Article 6 of the Costa Mesa Municipal Code. Tihe Affidavit of Publication is, on file in the City Clerk's office. No communications were received. The Finance Director reviewed the Agenda Report regarding the appropriations limit elated May 21, 1997. MOTION A motion was made by Council Member Somers, seconded Adopted Resolution by Council Member Erickson, and carried 5-0, adopting 97-52, Resolution 97-52, A RESOLUTION OF THE CITY COUNCIL OF Appropriations THE CITY OF COSTA MESA, CALIFORNIA, DETERMINING Limit AND ADOPTING AN APPROPRIATIONS LIMIT FOR THE 1997- 98 FISCAL YEAR, IN ACCORDANCE WITH ARTICLE XIII -13 OF THE CONSTITUTION OF THE STATE OF CALIFORNIA, AS AMENDED BY PROPOSITION 111 AND SB 88, setting the Iimit at $91,128,323.00. i The Finance Director reviewed the Agenda Report dated June 10, 1997, regarding the budget for 1997-98. Ernie Feeney, 1154 Dorset Lane, Costa Mesa, addressed the following budget items contained in the Agenda Report dated June 13, 1997: page 4, the Drug Abuse Resistance Education (D.A.R.E.) Program total overall budget increase of 48.7 percent; page 5, an increase in the Code Enforcement budget with a reduction of part-time code enforcement officers; page 6, budget increase for the Costa Mesa Job Center; and page 6, a 50 percent budget increase for the Costa Mesa Tennis Club. She thought it was unnecessary to have a uniformed police officer attend every Council meeting when he could be utilized elsewhere; she disagreed with paying membership. dues to the Orange County Human Relations Commission; and felt that there is no accountability when dues, memberships, seminars, conferences, education, and training are combined under salaries and benefits. The City Manager responded that each department must provide details on. all requests for conferences, training classes, I eminars, etc. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, supported the idea of increasing the number of Code Enforcement employees and police bike patrols. The City Manager stated that an additional Housing Code Enforcement Officer has been included in the, budget and that the bike patrol program will continue. Responding to a question from Council Member Somers, the Deputy City Manager stated that currently there are four full- time and two part-time Municipal Code Enforcement Officers, and two Housing Code Enforcement Officers in the Housing and Community Development Department. He reported that cross -training will be provided for Municipal Code Enforcement Officers on the basics of housing code enforcement. The City Manager stated that there are several employees from various Departments who have been trained and can issue citations. I He added that once cross -training has been completed, 35 to 50 staff members will be able to issue citations for code violations. Caroline Butler, 208 Susannah Place, Costa Mesa, alternate member of the City's Human Relations Committee, spoke in support of paying membership dues to the Orange County Human Relations Commission. Lee Taube, 1605 Minorca Drive, Costa Mesa, thanked staff for being helpful in answering his questions regarding the budget. The City Manager commented on the excellent suggestions from Mr. Taube on making the budget easier for the public to understand. Ernie Feeney, 1154 Dorset Lane, Costa Mesa, stated that the Orange County Hufran Relations Commission budget reflects only one change which is one staff member receiving a salary increase. There being no other speakers, the Mayor closed the public hearing. MOTION Mayor Buffa felt that the $40,000.00 appropriation for the Increased West- Westside Specific Plan was inadequate and wanted to see the side Specific Plan entire west side addressed in terms of uses, traffic Appropriation improvements, parks, etc., which would require outside consultant services. A motion was made by Mayor Buffa, seconded by Council Member Somers, and carried 5-0, to increase the Westside Specific Plan appropriation to $90,000.00, with additional discussion at a Study Session. MOTION A motion was made by Mayor Pro Tem Monahan, seconded Deleted Funds for by Mayor Buffa, and carried 5-0, not to renew membership in SCAG Member- the Southern California Association of Governments (SCAG) ship for which $5,400.00 had been appropriated. Mayor Pro Tem Monahan stated that membership should not be renewed because there is no longer a Council representative to SCAG. Mayor Buffa suggested that Council become more involved with the Orange County Council of Governments (COG). MOTION/Deleted A motion was made by Mayor Buffa, seconded by Mayor Pro Dues for Orange Tem Monahan, and carried 4-1, Council Member Cowan County Human voting no, to deny allotment for membership into the Orange Relations County Human Relations Commission. Council Member Commission Cowan opposed the motion because the request for Membership membership came from the City's Human Relations Comm- ittee who support working with the Commission as it relates to the ability of people getting.,along with one another. MOTION/Approved A motion was made by Council Member Cowan, seconded by Funds for Attend- Council Member Erickson, and carried 5-0, to fund $800.00 ance at CPRS for two Park Commissioners to attend the California Parks Conference Recreation Society (CPRS) conference in Long Beach. Motion to Deny A motion was made by Council Member Erickson to deny Funds for Council funding for City Council travel for Legislative Advocacy, and Travel Died suggested that a policy be initiated to use any unexpended money for this purpose. The motion died for lack of a second. MOTION/Approved A motion was made by Council Member Cowan, seconded by Funds for Leg- Council Member Somers, and carried 4-1, Council Member islative Advocacy Erickson voting no, to fund $5,000.00 for Legislative Travel Advocacy travel for Council or its designee. MOTION/Approved A motion was made by Mayor Buffa, seconded by Council Funds to Rejoin Member Cowan, and carried 3-2, Council Members Somers the National and Erickson voting no, to rejoin the National League of Cities League of Cities at a cost of $6,000.00 for membership dues.. uncil. Member Somers opposed the motion because she felt it the National League of Cities does not sufficiently tress issues in California. layor Buffa referred to refurbishing the City Hall lobby and pdating the flooring to comply with Americans with Disabilities 'Act (ADA) requirements, and reported that no dditional appropriations are required because the funding is icluded in the 1996-97 budget. layor Buffa announced that the following items will be rought back for Council consideration at the mid -year review f the Budget: Phase III - Computer Master Plan, Public Safety System. Funding for major street projects that do not qualify for grant funding. Budgeting for 1998 Fish Fry Event,. Community Emergency Response Teams (CERT Program). Alternative to the DARE Program. Council Member Somers suggested that the Lions Club forward their request at the budget mid -year review, should they anticipate a need for the City to subsidize a portion of the 1998 Fish Fry event. ouncil Member Cowan stated that when the alternative to ie DARE program is discussed, she would like to address a rogram which would be beneficial for middle -school tudents, and to .consider reductions in the program for indergarten through fourth grade students. layor Pro Tem Monahan requested that the DARE program e discussed this evening. In regard to restoration of Council salaries to $690.00 per month, Mayor Pro Tem Monahan indicated that he would like io obtain information on Council salaries from other Orange County cities. The City Manager explained that separate action would be required if Council were to consider reinstating their full salaries, and adopting a resolution pursuant to State law would be necessary. He added that based on Council's decision, data pertaining to compensation for elected' officials in other Orange County cities will be provided, along with the resolution. MOTION A motion was made by Mayor Pro Tem Monahan, seconded Authorized Review by Council Member Somers, and carried 3-2, Council of Council Salaries Members Buffa and Erickson voting no, to review Council at a Later Date salaries at a later date. layor Buffa announced that the following items will be rought back for Council consideration at the mid -year review f the Budget: Phase III - Computer Master Plan, Public Safety System. Funding for major street projects that do not qualify for grant funding. Budgeting for 1998 Fish Fry Event,. Community Emergency Response Teams (CERT Program). Alternative to the DARE Program. Council Member Somers suggested that the Lions Club forward their request at the budget mid -year review, should they anticipate a need for the City to subsidize a portion of the 1998 Fish Fry event. ouncil Member Cowan stated that when the alternative to ie DARE program is discussed, she would like to address a rogram which would be beneficial for middle -school tudents, and to .consider reductions in the program for indergarten through fourth grade students. layor Pro Tem Monahan requested that the DARE program e discussed this evening. 11'7 Motion Specifying A motion was made by Mayor Pro Tem Monahan, seconded Items for Mid- by Council Member Cowan, to have the following items year Review brought back for Council consideration at the mid -year Withdrawn review: Phase III Computer Master Plan - Public Safety System; Funding of major street projects that do not qualify for grant funding; funding for the Lions Club 1998 Fish Fry; and Community Emergency Response Teams (CERT) program. (The alternative to the DARE programwas not included in the motion because it would be discussed this evening). After discussion, Mayor Pro Tem Monahan withdrew his motion. MOTION/Added Mayor Pro Tem Monahan made a motion to add one more Funding for Park item for Council consideration at . the mid -year review: Development to funding for park development; such as the Costa Mesa High Mid -year Review School farm site and several other City projects that will be coming up in the_.;, future. The motion was seconded by Council Member Cowan, and carried 5-0. Mayor Pro Tem Monahan felt that it was unnecessary for the DARE program to be staffed by fully -sworn police officers who could be better utilized in the field. MOTION A motion was made by Mayor Pro Tem Monahan, seconded Authorized Reserve by Mayor Buffa, to recruit reserve police officers for the Officer Recruit- DARE program; and to bring back a status report in 60 days ment; Directed on the entire DARE program as it relates to staffing, funding, Staff to Provide etc. Council Member Cowan stated that she would support Status Report in the motion if it included alternative programming or 60 Days alternative structures to the DARE program. The City Manager advised that this issue has already been initiated and can also be brought back for review in 60 days. The motion carried 5-0. In response to a question from Mayor Pro Tem Monahan, the Finance Director reported that the City's outside auditors have completed their study on Police- Department "overtime" to determine how, when, and why overtime is occurring with all sworn positions including dispatch positions in the Communications Department. She noted that the final report will be available by the end of June. At the request of Mayor Pro Tem Monahan, the Finance Director reported that $3.5 million has been allocated in the budget for overtime: $1.5 million for the Fire Department, approximately' $1.1 million for the Police Department, and the remainder for all other overtime activities. Mayor Pro Tem Monahan asked for . more details on "Historic Resources Study" as. outlined in the budget. The Deputy City Manager replied that this is simply an implementation of the policy drafted for the 1992 General Plan, which was written because citizens were concerned about retaining historic sites. The Deputy City Manager also reported that the City has no requirements that restrict anyone with historic properties. Motion to Eliminate A motion was made by Mayor Pro Tem Monahan, to eliminate Historic Resources the Historic Resources Study from the budget. The motion Study Died died for lack of a second. 118 he Finance Director answered a question from Mayor Pro em Monahan regarding the Orange County Treasurer's pool, tating that the Investment Oversight Committee requested iat discussion regarding participation in the pool be tabled ntil after their meeting in July, when they will review a roposal that outlines the parameters of the pool, how the ool is being invested, and the performance of the pool. layor Pro Tem Monahan asked for a report prior to the ivestment Oversight Committee meeting in July, that com- ares other investment options and how they compare to the ,range County Treasurer's Pool. MOTION A motion was made by Council Member Cowan, seconded by Adopted. Resolution Council Member Erickson, and carried 5-0, adopting 97-54, on Invest- Resolution 97-54, A RESOLUTION OF THE CITY COUNCIL OF ment Policy Mayor Pro Tem Monahan stated that he would like to investigate the possibility of contracting out for services that may save the City money once the audit has been completed in the Building Safety Division. He also indicated interest in examining privatization for street sweeping. The City Manager replied that the City has looked into privatizing the street sweeping operation in the past, and would provide Council with the report that had been compiled at that time. MOTION A motion was made by Council Member Somers, seconded Adopted Resolution by Mayor Pro Tem Monahan, and carried 5-0,' adopting 97-53, Adopting Resolution 97-53, A RESOLUTION OF THE CITY COUNCIL OF 1997-98 Budget THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING A Adopted Resolution BUDGET FOR THE FISCAL YEAR 1997-98, including the 97-55, Determing above=mentioned modifications and comments. General Fund The Finance Director reviewed the Agenda Report dated June Reserve 9, 1997, regarding the Statement of Investment Policy. he Finance Director answered a question from Mayor Pro em Monahan regarding the Orange County Treasurer's pool, tating that the Investment Oversight Committee requested iat discussion regarding participation in the pool be tabled ntil after their meeting in July, when they will review a roposal that outlines the parameters of the pool, how the ool is being invested, and the performance of the pool. layor Pro Tem Monahan asked for a report prior to the ivestment Oversight Committee meeting in July, that com- ares other investment options and how they compare to the ,range County Treasurer's Pool. MOTION A motion was made by Council Member Cowan, seconded by Adopted. Resolution Council Member Erickson, and carried 5-0, adopting 97-54, on Invest- Resolution 97-54, A RESOLUTION OF THE CITY COUNCIL OF ment Policy THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING THE 1997-98 STATEMENT OF INVESTMENT POLICY, AND AUTHORIZING THE CITY TREASURER TO INVEST AND REINVEST IDLE MONIES OF THE CITY OF COSTA MESA IN ACCORDANCE WITH THE 1997-98 STATEMENT OF INVESTMENT POLICY, AND AUTHORIZING THE SAID TREASURER TO DELEGATE TO THE ASSISTANT DIRECTOR OF FINANCE THE CARRYING OUT OF ANY SUCH TASKS. The Finance Director reviewed, the Agenda Report dated June 9, 1997, regarding the 1997-98 General Fund Operating Reserve. MOTION A motion was made by Council Member Erickson, seconded Adopted Resolution by Council Member Somers, and carried 5-0, adopting 97-55, Determing Resolution 97-55, A RESOLUTION OF THE CITY COUNCIL OF General Fund THE CITY OF COSTA MESA, CALIFORNIA, DETERMINING Reserve AND ADOPTING THE GENERAL FUND OPERATING RESERVE FOR THE 1997-98 FISCAL YEAR, IN ACCORDANCE WITH TITLE 2, CHAPTER V, ARTICLE 6 OF THE COSTA MESA MUNICIPAL CODE. ie City Manager asked Council for approval and direction in gard to the City Hall lobby improvements and renovations. 119 MOTION/Approved A motion was made by Mayor Buffa, seconded by Council Lobby Improve- Member Somers, and carried 5-0, to proceed with the ments improvements and renovations to the lobby as set forth in Council's most recent memo. RECESS The Mayor declared a recess at 8:55 p.m., and reconvened the meeting at 9:00 p.m. OLD BUSINESS The Deputy City Clerk presented from the meeting of June 2, Sale of Single- 1997, an ordinance amending Article 5-1/2, Chapter II, Title Season Agri- 9, of the Costa Mesa Municipal Code relating to the sale of cultural Products single -season agricultural products. MOTION On motion by Council Member Erickson, seconded by Council Continued to Member Somers, and carried 5-0, this item was continued to July 7, 1997 the meeting of July;s7, 1997. NEW BUSINESS The Deputy City Clerk presented an ordinance amending Massage and Sections 9-345 and 9-468 of the Costa Mesa Municipal Code Adult Entertain- pertaining to violations and penalties for massage and adult ment Establish- business establishments. The Police Lieutenant summarized ments the Agenda Report dated June 5, 1997. MOTION A motion was made by Council Member Somers, seconded Ordinance 97-19 by Council Member Erickson, and carried 5-0, to give first Given First Reading reading to Ordinance 97-19, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTIONS 9-345 AND 9-468 OF THE COSTA MESA MUNICIPAL CODE PERTAINING TO VIOLATIONS AND PENALTIES FOR MASSAGE AND ADULT BUSINESS ESTABLISHMENTS. NEW BUSINESS The Deputy City Clerk presented a request for direction on Fall "Neighbors -for- Options A, B, and C for Fall, 1997; and selction of one of the Neighbors" Event remaining options for Fall, 1998, based on the availability of Community Block Grant funds. The Assistant to the City Manager summarized the Agenda Report dated June 6, 1997. MOTION On motion by Council Member Somers, seconded by Council Continued to Member Cowan, and carried 5-0, this item was continued to July 7, 1997 the meeting of July 7, 1997. NEW BUSINESS The Deputy City Clerk presented a request to appoint Youth Advisory members to the Youth Advisory Committee. Council Member Committee Erickson stated for the record that he would be abstaining Appointments from this item. The Assistant to the City Manager summarized the Agenda Report dated June 9, 1997. Council.. Member Cowan acknowledged Megan Hanold, one of those recommended to serve on the committee. MOTION/Members A motion was made by Council Member Cowan, seconded by Appointed to the Council. Member Somers, and carried 4-0, Council Member Youth Advisory Erickson abstaining, to appoint the following members to the Committee committee: Griffin Crogan, .Laura Cote, Mathew Mueller, Conor Friedersdorf, Myra Dimson, Farshid Kazi, Diana Morelli, Jason Cabico, Kim Daniels, Regan Hanold, Carmen Cardenas, Meera Gumpta, Reuel Prather, and William Schwartz; and to appoint the remaining applicants as alternates: Adriana Diaz, Cara Dixon, Jim Erickson, Andrew Evans, Chris Gravis, Bryan CITY MANAGER'S The City Manager presented the Agenda Report dated June REPORT/Leave of j12, 1997, regarding extension of the Leave of Absence for Absence/Elliott Gabriel Elliott. MOTION/Approved A motion was made by Mayor Pro Tem Monahan, seconded Leave of Absence by Council Member Somers, and carried 5-0, to approve an Extension additional.90-day extension of the Leave of Absence. COUNCIL Council Member Somers encouraged the public to contact COMMENTS/Mesa Mesa Consolidated Water District and insist that they Consolidated Water stop wasting the taxpayers money with frivolous District lawsuits. Fairview Park Council Member Cowan reported that the Fairview Park Committee Public Committee will be holding a public forum on Saturday, June Forum 28, 1997, in the Council Chambers; at 12:00 p.m. She urged the public to attend the meeting to review and provide input I n the Fairview Park Master Plan. Richard Vincent Council Member Erickson mentioned that Richard Vincent, an in Hoag Memorial active member in the community, is being treated for a Hospital (serious illness at Hoag Memorial Hospital. 1 July 4th Holiday Mayor Pro Tem Monahan wished everyone a safe and sane July 4 h holiday. ADJOURNMENT At 9:25 p.m., the Mayor adjourned the meeting to a closed TO CLOSED session in first floor, Conference Room A to discuss the items SESSION previously announced by the City Attorney. i MEETING The Mayor reconvened the meeting at 10:15 p.m., and the RECONVENED action taken during closed session was announced. MOTION/Ratified By a vote of 5-0, Council ratified the action of the City Action to Com- Attorney to commence litigation against Kathleen Connell, mence Litigation Controller of the State of California, and the State of Against the State California, et al. MOTION/City By a vote of 5-0, Councilave directions to the Cit Attorney 9 Y Y Attorney Given concerning options regarding the Appeal from the Public Directions on Utilities Commission's (PUC) decision regarding 714/949 Area PUC Appeal Codes. Howard, Patrick Keefer, Evelyn Powers, - Jessee Salas, 'Andrew Sears, Heather Tangen, and Matt Wehr. I CITY ATTORNEY'S REPORT/Request The City Attorney requested a closed session pursuant to for Closed Session: Government Code Sections 54956.9-(a), 54956.9(c), and City v. Connell; 549.57.6 to discuss the following items: The City of Costa Public Utilities Mesa v. Kathleen Connell, Controller of the State of Commission California, and State of California, et al.; Appeal from Public Appeal; Fire- Utilities Commission's decision on 714/949 Area Code; fighters Associa- Negotiations with Costa Mesa Firefighters Association; and tion Negotiations; Elizabeth Helguero v. City of Costa Mesa, et al. The Mayor and Helguero v. announced that closed session would be held at the City conclusion of regular business. CITY MANAGER'S The City Manager presented the Agenda Report dated June REPORT/Leave of j12, 1997, regarding extension of the Leave of Absence for Absence/Elliott Gabriel Elliott. MOTION/Approved A motion was made by Mayor Pro Tem Monahan, seconded Leave of Absence by Council Member Somers, and carried 5-0, to approve an Extension additional.90-day extension of the Leave of Absence. COUNCIL Council Member Somers encouraged the public to contact COMMENTS/Mesa Mesa Consolidated Water District and insist that they Consolidated Water stop wasting the taxpayers money with frivolous District lawsuits. Fairview Park Council Member Cowan reported that the Fairview Park Committee Public Committee will be holding a public forum on Saturday, June Forum 28, 1997, in the Council Chambers; at 12:00 p.m. She urged the public to attend the meeting to review and provide input I n the Fairview Park Master Plan. Richard Vincent Council Member Erickson mentioned that Richard Vincent, an in Hoag Memorial active member in the community, is being treated for a Hospital (serious illness at Hoag Memorial Hospital. 1 July 4th Holiday Mayor Pro Tem Monahan wished everyone a safe and sane July 4 h holiday. ADJOURNMENT At 9:25 p.m., the Mayor adjourned the meeting to a closed TO CLOSED session in first floor, Conference Room A to discuss the items SESSION previously announced by the City Attorney. i MEETING The Mayor reconvened the meeting at 10:15 p.m., and the RECONVENED action taken during closed session was announced. MOTION/Ratified By a vote of 5-0, Council ratified the action of the City Action to Com- Attorney to commence litigation against Kathleen Connell, mence Litigation Controller of the State of California, and the State of Against the State California, et al. MOTION/City By a vote of 5-0, Councilave directions to the Cit Attorney 9 Y Y Attorney Given concerning options regarding the Appeal from the Public Directions on Utilities Commission's (PUC) decision regarding 714/949 Area PUC Appeal Codes. II MOTION/Gave By -a vote of 5-0, Council gave directions to the Personnel Directions Re Services Director and the City Manager on negotiations with Firefighters the Costa Mesa Firefighters Association. MOTION/Helguero By a vote of 5-0, Council_, rejected the settlement offer by .Settlement Offer Helguero, and gave . directions to the City Attorney in Rejected Elizabeth Helguero v. City of Costa Mesa, et al., United States District Court Case No. SACV-96-1245 (AHS) (Eex). ADJOURNMENT The Mayor declared the meeting adjourned at 10:15 p.m. Mayor of the City of ATTEST: Deputy City rk of the City of Costa Mesa 121