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HomeMy WebLinkAbout04/06/1998 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA APRIL 6, 1998 The City Council of the City of Costa Mesa, California, met in regular session April 6, 1998, 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 Cowan, and invocation by the Reverend Jim Hewitt, Harbor Christian Fellowship. 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 Officials Present: Assistant to the City Manager Ann Gyben City Attorney Thomas Kathe Deputy City Manager/Development Services Donald Lamm Public Services Director William Morris Community Services Director Keith Van Holt Redevelopment and Housing Manager Muriel Ullman Principal Planner Mike Robinson Transportation Services Manager Peter Naghavi Management Analyst Irma Hernandez Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Erickson, seconded by Mayor March 115, 1998 Pro Tem Monahan, and carried 5-0, the minutes of the regular meeting of March 16, 1998, were approved as distributed. ORDINANCES AND A motion was made by Council Member Erickson, seconded RESOLUTIONS by Council Member Somers, and carried 5-0, to read all ordinances and resolutions by title only. PRESENTATION Mayor Buffa presented the "Mayor's Award" to Adela de "Mayor's Award", Partida in recognition of her commitment and dedication in Adela de Partida obtaining her United States citizenship: PRESENTATION On motion by Council Member Cowan, second6d by Council Adopted Resolution Member Erickson, and carried 5-0, Resolution X98-21 was 98-21, Joint Reso- adopted: A JOINT RESOLUTION OF. THE.CITY -COUNCIL OF lution with School THE CITY OF COSTA MESA, CALIFO,5NIA, AND -T11E BOARD District Regarding OF TRUSTEES OF THE NEWPORT -MESA UNIFIED SCHOOL Sister City DISTRICT, ENTERING INTO' A PARTNERSHIP.-_ TO WORK JOINTLY TO - STRENGTHEN -THE .EDUCATIONAL COMPONENT . BETWEEN THE CITIES OF WYNDHAM, VICTORIA, AUSTRALIA, AND COSTA MESA, CALIFORNIA, U.S.A. Ed Decker, member of the Board of Trustees for Newport - Mesa Unified School District, expressed his support of the resolution, and invited Council and the public to attend its adoption by the School District at their regular meeting on Tuesday, April 28, 1998, 7:00 p.m., at the Education Center at the corner of Baker and Bear Streets. He introduced Sue Smith, member of the Education Exchange Committee and an initiator of the resolution, who in turn introduced members of the committee in attendance and reviewed the program. ORAL COMMUNI- Brad Stevenson, 3123 Cinnamon Avenue, No. A, Costa CATIONS/ EI Pollo Mesa, complained, about an EI Pollo Loco restaurant being Loco Complaint constructed across the street from his home, specifically the menu board and the drive-in speakers. He suggested installing a sound wall to permanently solve the potential noise problem in lieu of the small bushes which are being used as a buffer. Mayor Buffa invited Mr. Stevenson to report on the situation after the restaurant has opened. CONSENT The following items were removed from the Consent CALENDAR Calendar: Item No. 2, Reading Folder, second item, Alcoholic Beverage Licenses; and Item No. 14, Request from Universal Appliance and Furniture for extension of a closing -out -sale. MOTION/Approved On motion by Council Member Erickson, seconded by Council Except Items 2 and Member Cowan, and carried 5-0, the remaining Consent 14 Calendar items were approved as recommended. WRITTEN Resolution 98-22 was adopted: A RESOLUTION OF THE COMMUNICATIONS CITY COUNCIL OF THE CITY OF COSTA MESA, Adopted Resolution CALIFORNIA, AUTHORIZING RECORDS DESTRUCTION FOR 98-22, Records THE TRANSPORTATION DIVISION OF THE PUBLIC SERVICES Destruction for DEPARTMENT OF THE CITY OF. COSTA MESA, PURSUANT Public Services TO ORDINANCE NO. 75-60. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Jeanne Anisman; Cole and Karen Behringer; Wayne and Marna Chambers; Lee Donley Collazo; Michael R. Coulter; Pacita and James Fejeran; Karen Hanners; Anthony Nicholson; Raymond Nierlich; Pacific Avenue Homeowners Association; and Patrick P. Tocher. SET FOR PUBLIC Resolution 98-23 was adopted: A RESOLUTION OF THE HEARING/Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, Resolution 98-23, CALIFORNIA, DETERMINING AND DECLARING THAT Setting Hearing for RUBBISH AND WEEDS ARE A PUBLIC NUISANCE; Weed Abatement DIRECTING THE FIRE CHIEF OR HIS DESIGNEE TO REMOVE on April 20; 199.8 SAID RUBBISH AND DESTROY SAID WEEDS AS REQUIRED BY LAW; FIXING THE TIME FOR HEARING ALL OBJECTIONS OR PROTESTS; AND DIRECTING THE ABATEMENT OF SAID RUBBISH AND WEEDS, setting a public hearing on April 20, 1998, at 6:30 p.m. ERNDI Adopted Resolution Resolution 98-24 was adopted: A RESOLUTION OF THE 98-24, Setting Hear- CITY COUNCIL OF THE CITY OF COSTA MESA, ing for Vacation of CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE Alley Right -of -Way VACATION OF PUBLIC ALLEY RIGHT-OF-WAY AT 480 EAST on May '18, 1998 17TH STREET, setting a public hearing on May 18, 1998, at 6:30 p.m. WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1685, funding City operating expenses 1685 for $570,790.63. Approved Warrant Warrant Resolution 1686, funding City operating expenses 1686/Payroll 9806 for $1,428,711;.40; and Payroll 9806 for $1,379,337.20. Approved Warrant Warrant Resolution 1687 funding City operating expenses 1687 for $529,863.85. ADMINISTRATIVE The request from . Children's Hospital of Orange County ACTIONS/Approved (CHOC) was approved: to install 60 banners along Bristol Banner Request for and Bear Streets, Sunflower Avenue, Avenue of the Arts, and CHOC/Disneyland Town Center Drive, from September 11 through October 13, Community Walk 1998, promoting the eighth annual CHOC/Disneyland Community Walk. ` Adopted Resolution Resolution 98-25 was adopted: A RESOLUTION OF THE 98-25, for Newport CITY COUNCIL OF THE CITY OF COSTA MESA, Boulevard Bike Trail CALIFORNIA, CERTIFYING THE AVAILABILITY OF THE REQUIRED TEN PERCENT LOCAL SHARE OF THE TOTAL PROJECT COST FOR THE REHABILITATION OF THE BIKE TRAIL ON NEWPORT BOULEVARD BETWEEN ARLINGTON DRIVE AND FAIR DRIVE. Approved Change The following were approved in connection with 1-405/Harbor Order No. 2 and Boulevard/South Coast Drive Street Improvements, Project Budget Adjustment No. 97-03, Federal Project No. STPLN-5312(013): No. 98-59 for 1-405/ Harbor/rSouth Coast Change Order No. 2 to the contract with MK Centennial Improvements, Engineering, Inc., 17300. Red Hill Avenue, Suite 150, Project Pio. 97-03 Irvine, for $110,000.00.. Budget Adjustment No.L98-59 for $110,000.00. Approved Budget Budget Adjustment No. 98-60 was approved for $35,000.00, Adjustment No. to recognize revenue from the Orange County Fairgrounds for 98-60 for Signal signal modifications at Fair Drive and Vanguard Way during on Fair Drive the annual fair. Approved Agree- An agreement was approved with Martinez Amador ment with Amador Architects, Inc., 8405 Pershing Drive, Suite 201, Playa del for Downtown Rey, for $221,300.00, to design the Downtown Center Center Design Recreation Facility, and the Mayor was authorized to sign on behalf of the City. Awarded Contract Bids for Citywide Annual "ADA" Improvements (12 -Month for "ADA" Improve- Period), Project No. 98-02, are on file in the City Clerk's ments, Project No. office. The contract was awarded to S. Parker Engineering, 98-02, to S. Parker Inc., 10059 Whippoorwill Avenue, Fountain Valley, for Engineering $140,787.20. 1 1 k 5- -331 Approved Agree- An agreement was approved with Van Dorpe Chou ment with Van Associates, Inc., 295 North Rampart Street, Orange, in. an Dorpe Chou for amount not to exceed $40,000.00, for local government Support; Approved applications support, and the Mayor and Deputy City Clerk Budget Adjustment were authorized to sign on behalf of the City; and Budget No. 98-61 Adjustment No. 98-61 for $40,000.00 was approved. Accepted Work by Accessibility Improvements and New Sidewalk Installation at C. J. Construction Various Locations, Project No. 97-01, were completed to the for Accessibility satisfaction of the Public Services Director on. March 9, 1998, Improvements and by C: J: Construction, Inc., 14730 East Firestone Boulevard, New Sidewalks Suite 301, La Mirada. The work was accepted; the Deputy at Various Loca- City Clerk was authorized to file a Notice of Completion; tions, Project No. authorization was given to release retention monies 35 days 97-01 thereafter; the Labor ` and Material Bond was ordered exonerated 7 months, thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. Accepted Work by Emergency Repair of Sinkhole at Harbor Boulevard and Pressure Grout, Wilson Street, Project No. 97-23, was completed to the Lindy's, and Atlas satisfaction of the Public Services Director on March 11, for Emergency 1998, by the following contractors: Pressure Grout Repair of Sinkhole Company, 1301 .West 11th Street, Long Beach; Lindy's Cold at Harbor and Planing, Post Office Box 385, La Habra; and Atlas Wilson, Project No. Underground Company, Post Office Box 951, Chino. The 97-23 work was accepted; and the Deputy City Clerk was authorized to file a Notice of Completion for each contractor. Authorized Execu- Regarding conveyance of property at Newport Boulevard and tion of Quitclaim 18th Street, Parcel A, to Plaza Costa Mesa, LLC, 3636 Birch Deed 3411 for Street, Suite 200, Newport Beach, developer, the Mayor and Parcel A to Plaza Deputy City Clerk were authorized to execute Quitclaim Deed Costa Mesa No. 3411. READING FOLDER Item 2 on the Consent Calendar was presented: Reading Alcoholic Beverage : Folder, second, item, Alcoholic 'Beverage Control (ABC) Licenses license requests: Inka Grill, 260 Bristol Street, for an original Type 41 ABC license (on -sale beer and wine for a bona fide eating place). Outers Again, 1033 EI Camino Drive, for a person-to- person transfer of a Type 42 ABC license (on -sale beer and wine for a public premise). Council Member Somers noted that the City is still processing summary information from the ABC licensing board, and questioned' the-practicality,.,of,',continuing this effort. She again asked that this subject be addressed at a study session MOTION/Received in the near future. On motion by Council Member Somers, and Processed seconded by Council Member Erickson, and carried 5-0, the ABC license requests were received and processed. Request from Item No. 14 on the Consent Calendar was presented: Universal Appliance Request from Universal Appliance and Furniture, 215.9 Harbor for Sale Extension Boulevard, Costa Mesa, for extension of a closing -out sale through the end of April, .1998. Mayor Pro Tem Monahan commented on the length of the ordinance addressing closing -out sales, and suggested that it be reviewed. He _ .332 noted that the sale was a private decision on the part of the owner. MOTION/Approved A motion was made by Mayor Pro Tem Monahan, seconded Request by Council Member Erickson, and carried 5-0, to approve the request and to review the ordinance at a future date. Council Member Somers reported that this business has been "going out of business" for the last 14 years, and was , reticent to rescind the ordinance. She suggested reviewing the ordinance at a future study session. PUBLIC HEARING The Deputy City Clerk announced the public hearing to Licensing and consider the extension of Ordinance 98-4, an urgency Regulation of Adult ordinance providing for licensing and regulation of adult Businesses businesses. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The City Attorney summarized his Report No 98-7C dated March 24, 1998. There being no speakers, the Mayor closed the public hearing. MOTION/Adopted On motion by Council Member Erickson, seconded by Council Urgency Ordinance Member Somers,' and carried 5-0, Ordinance 98-4 was 98-4 adopted: AN .URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TABLE 13-30 OF SECTION 13-30 OF CHAPTER IV OF TITLE 13 OF THE COSTA MESA MUNICIPAL CODE; REPEALING SECTION 13-135, OF ARTICLE 1 OF CHAPTER IX OF TITLE 13; AMENDING ARTICLE 1 OF CHAPTER IX OF TITLE 13 REGARDING SPECIAL LAND USE REGULATIONS, ADULT BUSINESSES; AMENDING CHAPTER IV OF TITLE 9, PROVIDING FOR'LICENSING AND REGULATION OF ADULT BUSINESSES; AND REPEALING SECTIONS INCONSISTENT THEREWITH AND DECLARING THE URGENCY THEREOF, extending the effect of the ordinance for 10 months, 15 days. RECOGNITION Mayor Buffa recognized former Mayor Mary Hornbuckle who was in attendance. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Land Use and place set for the public hearing to consider an ordinance Licensing of Adult regarding special land use regulations, adult businesses; and Businesses to provide for licensing and regulation of adult businesses. The Affidavit of Plublication is on file in the City Clerk's office. No communications were received. The City Attorney reported that this ordinance would replace the above urgency ordinance and amend the Costa Mesa Municipal Code. The Deputy City Manager reviewed the Agenda Report dated March 28, 1998. i There being no speakers, the Mayor closed the public hearing;. MOTION On motion by Mayor Pro Tem Monahan, seconded by Council Ordinance 98-11 Member Erickson, and carried 5-0, Ordinance 98-11, AN Given First Reading ORDINANCE OF i THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TABLE 13-30 OF SECTION 13-30 OF CHAPTER IV OF TITLE 13 OF THE COSTA MESA MUNICIPAL CODE; REPEALING SECTION 13- 135 OF ARTICLE 1 OF CHAPTER IX OF TITLE 13; AMENDING ARTICLE 1 OF CHAPTER IX OF TITLE 13 x. 1 of j:.,` 1 1 < .I•i 1 d r 333 REGARDING SPECIAL LAND'USE REGULATIONS, SEXUALLY - ORIENTED BUSINESSES; AMENDING CHAPTER IV OF TITLE 9, PROVIDING 'FOR LICENSING AND REGULATION OF SEXUALLY -ORIENTED BUSINESSES; AND REPEALING SECTIONS INCONSISTENT THEREWITH, was given first reading. RECOGNITION Mayor Buffa recognized Mark Harris, member of the Parks, Recreation Facilities and Parkways Commission, who was in attendance. PUBLIC HEARING The Deputy City. Clerk announced that this was the time and .Rates and Fees for place set for the public. hearing to consider a resolution Massage Establish- establishing and adopting schedules of rates, fees, and ments and Practi- charges, for. services by the City of Costa Mesa, pertaining to tioners massage establishments and practitioners. The Affidavit of Publication is on, - file in the City Clerk's office. No communications were received. MOTION/Continued On motion by Council Member Somers, seconded by Council to April 20, 1998 Member Erickson, and carried 5-0, the public hearing was continued to the meeting of April 20, 1998. PUBLIC HEARING The Deputy City Clerk announced that this was the time and 1998-99 CDBG place set for the public hearing to consider Housing and Grant Funds Community Development Block Grant Funds (CDBG): Allocation for Fiscal Year 1998-1999 CDBG Application including entitlement funds, program income, and reallocation of prior year's funds, and Fiscal Year 1998- 1999 HOME Investment Partnership funding allocations. Resolution authorizing the City Manager to .act as the official representative of the City in order to submit the Action Plan and all certifications and assurances contained therein, and directing and authorizing the City Manager to act in connection with submission of the Annual Plan and to provide such additional information as may be required. 1998 CDBG Public Service Grants recommendations. The Affidavit of Publication is on file in the City Clerk's office. Communications were received from: William J. Turpit, member of the Redevelopment and Residential Rehabilitation (313) Committee, 1772 Kenwood Place, Costa Mesa, requesting Council to award a grant to Community Services Program (CSP), Inc., a juvenile diversion program; CSP, Inc., 16842 Von Karman Avenue, Suite 425, Irvine, requesting Council to fully'fund 'the .516,310.00 grant which CSP has requested; Serving People in Need (S.P.I.N.), 2900 Bristol Street, Suite H-106, Costa Mesa, requesting that the Council policy of spending 51 percent of its funds for homeless assistance be followed, versus the 49 percent recommended, and that these funds be allocated to the member agencies of the Continuum of Care Coalition; Mercy House, Post Office Box 1905, Santa Ana, requesting Council to support the 313 Committee's recommendation to fund the Continuum of Care Coalition in the amount of $64,500..00; and Human Options, Post Office Box 9376, Newport .Beach, supporting the 313 Committee's latest funding recommendation for grant funds. I`334 The Redevelopment and Housing Manager summarized the Agenda Reports dated April 6, 1998. Jill Kinnane, CSP, Inc., 16842 Von Karman Avenue, Suite 425, Irvine, expressed appreciation for the City's support of the juvenile diversion program, and supported the 313 Committee recommendation of $5,000.00. She provided a brief history of the program. Caroline Butler, 208 Susannah Place, Costa Mesa, representing the :Costa Mesa Senior Center, commented that funding for a public health nurse for the Center had been reduced from $10,000.00 per year to $5,000.00, and stated that the needs of the seniors are increasing, not decreasing. She asked that', Council approve at least an additional $5,000.00 for this item. Kasia Sobota, 2130 West Crescent Avenue, No. 2170, Anaheim, related; her experiences with drugs and subsequent rehabilitation through the efforts of CSP, Inc. Debby O'Connor, FISH Continuum of Care Coalition, commended the 313 Committee, and reported on the activities of the Coalition. 'She asked that the $5,650.00 cut from their budget be reinstated. Ms. O'Connor thanked the 313 Committee for funding the mobile meal program for elderly citizens in Costa Mesa. Lisa Secrest, 1008 Wilson Street, Costa Mesa, read a letter detailing the help that she and her son received from CSP, Inc. Mary Hornbuckle, 2211 Raleigh Avenue, Costa Mesa, President of the Costa Mesa Senior Center Board of Directors, addressed the Orange County Council on Aging. Mike Linares, a consultant for the City, responded that the Council is responsible for ensuring that facilities provide sufficient care for the elderly, and the City granted funding to them in 1996. Mrs. Hornbuckle addressed several issues in the Agenda Report, and stated that the intention of employing a nurse at the Senior Center is to keep seniors out of the more costly health care -system. She requested that the grant be increased by $5,000.00. Oscar Santoya, Director of Save Our Youth (SOY), 661 Hamilton Street, 'No. 180, Costa Mesa, replied to questions raised by the 313 Committee by stating that SOY is a full-time program, and funding has remained essentially the same over the years. Tom Gould, 180 Broadway, Costa Mesa, Executive Director of the Costa- Mesa Senior Center, reiterated the importance of retaining a nurse for the seniors. Bill Turpit. 1772. Kenwood Place, Costa Mesa, Director of Families Costa 'Mesa, which combines eight nonprofit organizations serving the community, suggested that funding for CSP, Inc., could be obtained from other budgetary options, and supported the full funding of the S.O.Y. operation. 335 There being no other speakers, the Mayor closed the public hearing. MOTION/Approved A motion was made by Council Member Erickson, seconded Fiscal Year 1998- by Council Member Cowan, and carried 5-0, to approve the 1999 CDBG Alloca- allocation for Fiscal . Year 1998-1999 CDBG Application, and tion and HOME fiscal Year 1998-1999 HOME Investment Partnership funding Funding allocations, with the proviso that Olive Crest be allowed to retain the $10,000.00 from last year towards the purchase of a group home in Costa Mesa but to withhold the additional $ 25,000.00. MOTION/Adopted On motion by Council Member Erickson, seconded by Council Resolution 98-26 Member Cowan, and carried 5-0, Resolution 98-26 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING FISCAL YEAR 1998-99 COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP ACT ENTITLEMENT FUNDS APPLICATION SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, authorizing the City Manager to act as the official representative of the City. Council Member Erickson pointed out that the City Manager had originated a memorandum which addressed continuing concerns in the neighborhood of the Someone Cares Soup Kitchen, 720 West 19th Street, Costa Mesa, which include increased crime and intoxicated patrons. He felt that to continue to receive funding, a nonprofit organization must be a good neighbor. MOTION A motion was made by Council Member Erickson, seconded Reallocated Portion by Mayor Pro Tem Monahan, and carried 5-0, to authorize of Soup Kitchen funding of $5,000.00 for the Someone Cares Soup Kitchen, Fund and to reallocate the $10,000 balance as follows: $5,000.00 to the Community Services Program, Inc.; and $5,000.00 to the Costa Mesa Senior Center to enhance the funding for the public health nurse. Mayor Pro Tem Monahan agreed with Council Member Erickson's comments regarding the Someone Cares Soup Kitchen, and supported the addition of $5,000.00 to the Senior Center grant. Council Member Cowan asked if the Someone Cares Soup Kitchen was notified of the problem and if they had an opportunity to respond. Mayor Pro Tem Monahan replied that the Police Department has been in contact with them. Council Member Cowan pointed out that the work that CSP, Inc., accomplishes is more of a Police Department function and could be funded by the department through the General Fund. OLD BUSINESS The Deputy City Clerk presented from the meeting of March Massage Practi- 16, 1998, second reading and adoption of Ordinance 98-9, to tioners Licenses establish reciprocity with the City of Newport Beach for massage practitioners' licenses. Mike Hungerford, 2156 Newport Boulevard, Costa Mesa, Chancellor of the American Institute of Massage Therapy and Medical College for Massage Therapy, supported adoption of Ordinance 98-9. 336 MOTION/Adopted On motion by Mayor Pro Tem Monahan, seconded by Council Ordinance 98-9 Member Erickson, and carried 5-0, Ordinance 98-9 was given CITY COUNCIL , OF THE CITY OF COSTA second reading and adopted: AN ORDINANCE OF THE CITY CALIFORNIA, REPEALING SECTION 12-49 COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, 12 OF ADDING SECTION, 9-336.5 TO ARTICLE 22, CHAPTER II, OF RELATING TO A TITLE 9, OF THE COSTA MESA MUNICIPAL CODE TO PROHIBITION ON BARBECUE FIRES IN CITY OF ESTABLISH RECIPROCITY WITH THE CITY OF NEWPORT MESA PARKS. BEACH FOR MASSAGE PRACTITIONERS' LICENSES. OLD BUSINESS The Deputy City Clerk presented from the meeting of March Prohibition of Barbe- 16, 1998, second' reading and adoption of Ordinance 98-10, cue Fires in City relating to a prohibition on barbecue fires in City parks; and Parks installation of barbecues, briquette disposal containers, signage in English and Spanish; and designating barbecuing areas as recommended by staff. The Community Services Director reviewed the Agenda Report dated March 27, 1998. Council Member Somers proposed using signage in the parks which would limit barbecuing activity to the City barbecues and designated areas. The Community Services Director clarified for Council Member Somers that approving the use of barbecues in the parks would include all the recommended sites listed in the Agenda Report. A question and answer period ensued. MOTIONI/Adopted On motion by Council Member Somers, seconded by Mayor Ordinance 98-10 Pro Tem Monahan, and carried 5-0, Ordinance 98-10 was given second reading and adopted: AN ORDINANCE OF THE CITY COUNCIL , OF THE CITY OF COSTA MESA, CALIFORNIA, REPEALING SECTION 12-49 OF TITLE 12 OF THE COSTA MESA MUNICIPAL CODE RELATING TO A PROHIBITION ON BARBECUE FIRES IN CITY OF COSTA MESA PARKS. Motion to Approve A motion was made by Council Member Somers to approve Barbecues in Certain the installation of barbecues, briquette disposal containers, Parks Died and signage in both English and Spanish at the following locations: Canyon Park, Heller Park, Lions Park, Shiffer Park, TeWinkle Park, Vista Park, and Wakeham Park. The motion died for lack of a second. MOTION/Approved A motion was made by Mayor Pro Tem Monahan, seconded Barbecue Areas by Council Member Cowan, and carried 5-0, to approve the installation of barbecues, briquette disposal containers, and signage in both English and Spanish in the barbecue areas recommended in 'the Agenda Report, with the addition of Gisler Park. Council, Member Somers explained that her previous motion, which would have limited the number of parks allowing barbecuing, was intended to ensure that the installation and maintenance of new barbecues was a viable proposition. ANNOUNCEMENT Mayor Buffa announced that New Business Item No. 6 would be considered next. NEW BUSINESS The Deputy City Clerk presented a request from the Advisory Request from A.C.T. Committee of Teens for support of "A Kinder A.C.T. - Youth for City Support Benefit Concert and Canned Food Drive." A communication of a Benefit Concert was received from Southern California Edison Company, 1325 South Grand Avenue, Santa Ana, thanking Council Member Cowan for the opportunity of sponsoring the committee's first youth benefit concert. Council Member Erickson announced that he would abstain from voting on this item because a member of his family participates on the committee. The Assistant to the City Manager summarized the Agenda Report dated March 25, 1998. Conor Friedersdorf, 2947 Java Road, Costa Mesa, co- chairman of A.C.T., stated that the committee's goals are to bring together the " youth of Costa Mesa, to participate in community service, and to represent the City's young people. He asserted that the° concert would assist the group in meeting a number of their goals and objectives. He reported that to date a leading band has committed to play, business sponsorships are.,ysnbeing pursued, and a tentative date has been set. Mr. , Friedersdorf responded to questions from Council by stating that the Edison Company had provided the only donation to date; the beneficiary group of the canned food drive had not been selected; and the logistics of distributing the canned goods had not been considered. Regan Hanold, 2449 Napoli Way, Costa Mesa, member of A.C.T., stated that the proposed event would serve the community and bring Costa Mesa youth together. Ernie Feeney, 1154 Dorset Lane, Costa Mesa, originally had supported formation of the committee but had questioned the cost of having two staff members attend the bimonthly meetings, and also the monies spent on pizza for the group. She suggested that in lieu of contributing $4,500.00 to the party, that Council waive the fee for TeWinkle Park where a get-together could be held with games and a potluck dinner. Mrs. Feeney asked how many of the committee members had participated in the Neighbors -for -Neighbors cleanup. She proposed that the event either be. funded by private grants or downsized. John Feeney, 1154 Dorset Lane, Costa Mesa, objected to young persons turning to government to obtain funds. Motion to Waive A motion was made by Mayor Pro Tem Monahan to waive Fees and Deny the fee and deposit for the Neighborhood Community Center Funding Died and to deny the funding request. The motion died for lack of a second. Motion to Waive A motion was made by Council Member Cowan to approve Fees and to Match and sponsor the event as follows: waive the fees and Funding Died deposit for use of the Neighborhood Community Center; encourage solicitation and securing sponsors to help fund the concert; and approve matching the funds obtained from the private sector. The motion died for lack of a second. Motion to Waive A motion was made by Council Member Cowan to approve Fees, Print In- and sponsor the event as follows: waive the fees and House, and Solicit deposit for use of the Neighborhood Community Center; print Funds Died 500 posters in-house to advertise the event; use the $500.00 donation from Southern California Edison and raise other funds as needed to fund the event. The motion died for lack of a second. Mayor Buffa felt, that details of the proposal needed work, and asked for more information on the specific organizations which would benefit from the proceeds of the event. He also requested a realistic estimate of revenues. MOTION/Referred A .motion was made by Mayor Buffa, seconded by Council Back to A.C.T. Member Somers, and carried 3-1, Council Member Cowan voting no, Council Member Erickson abstaining, to refer this item back to A.C.T. to develop a more detailed proposal for Council consideration. Mayor Buffa asked, the committee to take note of the discussion which', indicated that direct financial support from the City would be minimal at best. He encouraged them to take a more aggressive stance with the private sector. Council Member Somers found it difficult to justify $4,500.00 for a one-night event. She explained her position by stating that there are projects within the City which require funds on an on-going basis, and suggested that the group look into contributing to the community. Council Member Cowan, Council liaison to the committee, opposed the motion and expressed her disappointment with Council's reaction to the proposal. She elaborated by explaining that the concert was intended to be a charity event and a community service. She reported that criteria for a charity to benefit from the drive had been established, and several members have been assigned the task of working with specific charities to determine a recipient. RECESS The Mayor declared a recess at 8:50 p.m., and reconvened the meeting at 9:00 p.m. OLD BUSINESS The Deputy City Clerk presented the following in connection Landscaping with Landscaping! Assessment District Nos. 1 and 2: Assessment Dis- trict Nos. 1 and 2 Resolution declaring the intention to levy and collect assessments during fiscal year 1998-1999 within City of Costa Mesa ;Landscaping Assessment District No. 1, located south of Sunflower Avenue and east of Smalley Road, Tracts 9901 and 12011. Resolution declaring the intention to levy and collect assessments during fiscal year 1998-1999 within City of Costa Mesa Landscaping Assessment District No. 2, located at the northwest corner of Bear Street and the Corona del Mar freeway, Tract 10513. A communication was received from Russell Barton, 3051 Yukon Circle, Costa Mesa, opposing any assessments on his property which is, located in Landscaping Assessment District No. 2. Letters, were forwarded to property owners in Assessment District No. 2 advising them of the hearing and possible alternatives to the assessment. The Community Services Director' reviewed the Agenda Report dated March 31, 1998, noting that both districts are managed by staff but maintained by an ,outside contractor. Mark Harris, 9171 Tanana Place, Costa Mesa, member of the Parks, Recreation Facilities and Parkways Commission, referring to Landscaping Assessment District No. 2, reported that he has been asked to find out why the parkway and property on Yukon Avenue have not been maintained. He expressed concern that the area could become an eyesore. He supported City Attorney's Option No. 2 as contained in the Agenda Report. MOTION/Adopted A motion was made by Mayor Pro Tem Monahan, seconded Resolutions 98-27 by Council Member Cowan, and carried 3-2, Council and 98-28 Members Buffa and Erickson voting no, to assess $43.44 for Landscaping Assessment District No. 1, and $104.61 for Landscaping Assessment District No. 2, which figures do not include tree trimming costs; to direct the City Attorney to exercise Option No. 2, receiving a dedication to the City of the landscaped area, so that the City will own and maintain this area at cost after this year; to initiate improvements required to make the,,area presentable, directing the remaining funds to this year's "4maintenance; and adopting the following resolutions: Resolution 98-27, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS DURING FISCAL YEAR 1998-1999 WITHIN CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT NO. 1, LOCATED SOUTH OF SUNFLOWER AVENUE AND EAST OF SMALLEY ROAD, setting a public hearing on June 1, 1998, at 6:30 p.m. Resolution 98-28. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS DURING FISCAL YEAR 1998-1999 WITHIN CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT NO. 2, LOCATED AT THE NORTHWEST CORNER OF BEAR STREET AND THE CORONA DEL MAR FREEWAY, setting a public hearing on June 1, 1998, at 6:30 p.m. Council Member Erickson opposed the motion because the property is private, and if deeded over to the City, all citizens will be charged for the upkeep for years to come. OLD BUSINESS The Deputy City Clerk presented Amendment No. 1 to Amendment 1 to Cooperative Agreement C-93-626 with Orange County Agreement C-93- Transportation Authority (OCTA), for engineering, 626 with OCTA supplemental project report, and final environmental document for a series of local access and freeway connector/braid. improvements for Interstate 405, between State Route 55 and Bristol Street; and Budget Adjustment No. 98-58 for $269,640.00, for the City's share of the final design of the North Bristol Braid. The Transportation Services Manager summarized the Agenda Report dated March 27, 1998. MOTION/Approved A motion was made by Council Member Erickson, seconded Agreement and by Mayor Pro Tem Monahan, and carried 5-0, approving Budget Adjustment Amendment No. 1 to Cooperative Agreement C-93-626, and No. 98-58 authorizing the Mayor and Deputy City Clerk to sign on behalf of the City; approving Budget Adjustment No. 98-58; and 340 directing staff to explore funding options to ensure implemen- tation of the remaining phases of the North Bristol Braid. OLD BUSINESS The Deputy City Clerk presented a request from Mayor Pro Request to Rehear Tem Monahan for a rehearing of Planning Application PA -98 - PA -98-02, Neron 02, for. Neron Ltd., for property at 524-A West 19" Street, denied by Council on March 16, 1998. A communication was received from Bernadette M. Abels, BMA Consulting, 16835 Algonquin Street, Suite 301, Huntington Beach, supporting approval of Planning Application PA -98-02, for automotive repair :and retail sales at the above listed property. Mayor Pro Tem Monahan reported that additional information has been obtained regarding the history of the site and neighboring uses, including another automobile repair operation. Bernadette Abels, property manager, stated that she has supplied additional information to the City regarding this application, and noted that business licenses had been issued for this location without requiring a conditional use permit. Michelle Baker, no address given, indicated that her parents previously lived behind the subject property and found that the automobile repair business had actually improved the neighborhood. She asked that Council reconsider the matter. MOTION/Accepted On motion by Mayor Pro Tem Monahan, seconded by Mayor for Rehearing on Buffa, and carried 5-0, Planning Application PA -98-02 was May 4, 1998 accepted for rehearing on May 4, 1998. Council Member' Erickson commented that he had not originally supported the application but felt that the matter was entitled to a rehearing. NEW BUSINESS The Deputy City Clerk presented a request for housing Housing Assistance assistance programs for sworn. police officers. The for Police Officers Management Analyst reviewed the Agenda Report dated March 25, 1998. A communication was received from Curt A. Herberts, II, :Pacific Coast Realty Group, 234 East 17th Street, Suite 118, Costa Mesa, supporting the home buying program for police officers, and volunteering to represent the first three police officers who desire to purchase homes in Costa Mesa. Mayor Pro Tem Monahan stated that he would like to create a program which is a combination of the Anaheim Police Residence Assistance Program and the City's First Time Home Buyers Program. He thought that the use of staff time could be minimized by using an outside company to handle some of the paperwork, and reviewed costs which would be incurred by the City. He addressed benefits the program would bring to the community. Mayor Pro Tem Monahan reported that he had received a communication from a Neighborhood Watch coordinator in Newport Beach who agreed that the program has merit. Ernie Feeney, 1154 Dorset Lane, Costa Mesa, did not believe that police officers should be "on call" when they are off duty, and asked several relevant questions. Mayor Pro Tem Monahan responded by stating that officers that were already "on call" would be closer if they lived in the area. J_ 341 Senior Police Officer Tim Starn, representing the Costa Mesa Police Association, stated their support for the program, noting that a majority of police officers live in south Orange County and Riverside County where homes are more affordable. He observed that since Costa Mesa had joined the Community Policing Program, there are lower crime rates and reduced calls for service. MOTION/Gave A motion was made by Mayor Pro Tem Monahan, seconded Directions to Staff by Council Member Somers, and carried 4-1, Council Member Cowan voting no, to direct staff to formulate police officer housing assistance programs as outlined for fiscal year 1998- 99 and to bring back to Council a coinciding budget allowance. NEW BUSINESS The Deputy City Clerk presented a request from Girls Request from Girls Incorporated, 1835 Newport Boulevard, Suite E-265, Costa Incorporated, for Mesa, for a waiver of fees in connection with renovation of Waiver of Fees their facility at 1815 Anaheim Avenue, June 6, 7, 20, and 21, 1998. The Assistant to the City Manager summarized the Agenda Report dated March 23, 1998. Jeffrey Davis, Trustee of Girls Incorporated, 1815 Anaheim Avenue, Costa Mesa, reported that the 1998 Orange County Corporate Combined Volunteer Project will enable them to make improvements to the facility which would otherwise not be possible. He stated that flood damage would be repaired and the building brought into Americans with Disabilities Act (ADA) compliance. He responded to questions from Council, stating that he is a licensed contractor and will be the project manager. on-site. Council Member Somers felt that the scope of work was unrealistic and suggested prioritizing the items. Shelley M. Westmore, Executive Director of Girls Incorporated, reported that there will be in excess of 300 volunteers at the project, and the Corporate Combined Volunteer Project includes large corporations who have engineers with construction expertise who will be participating. She stated that competent persons are involved in the preparing the plans which will be reviewed by City personnel. Council Member :,Cowan stated that she supported police officers living in this community but had concerns that this should be considered within the Memorandum of Understanding (MOU) bargaining environment because there is a compensation issue. She asked for national efficacy rates on how effective and efficient this program is in other communities in terms of making a community safer. She believes that a part of strengthening a community is assuring that any of the City's employees can live in the City if they so choose. Council Member Somers supported the motion commenting that residents are always investigating ways to entice good police officers to come into the community. Mayor Pro Tem Monahan clarified for Council Member Somers that the intent of the motion is to create a program which will address Costa Mesa sworn police officers who desire to live in the City. He observed that this would be a one-year pilot program, and its success would be measured. NEW BUSINESS The Deputy City Clerk presented a request from Girls Request from Girls Incorporated, 1835 Newport Boulevard, Suite E-265, Costa Incorporated, for Mesa, for a waiver of fees in connection with renovation of Waiver of Fees their facility at 1815 Anaheim Avenue, June 6, 7, 20, and 21, 1998. The Assistant to the City Manager summarized the Agenda Report dated March 23, 1998. Jeffrey Davis, Trustee of Girls Incorporated, 1815 Anaheim Avenue, Costa Mesa, reported that the 1998 Orange County Corporate Combined Volunteer Project will enable them to make improvements to the facility which would otherwise not be possible. He stated that flood damage would be repaired and the building brought into Americans with Disabilities Act (ADA) compliance. He responded to questions from Council, stating that he is a licensed contractor and will be the project manager. on-site. Council Member Somers felt that the scope of work was unrealistic and suggested prioritizing the items. Shelley M. Westmore, Executive Director of Girls Incorporated, reported that there will be in excess of 300 volunteers at the project, and the Corporate Combined Volunteer Project includes large corporations who have engineers with construction expertise who will be participating. She stated that competent persons are involved in the preparing the plans which will be reviewed by City personnel. 342 The Deputy City Manager responded to a question from Council Member Somers by stating that Girls Incorporated would qualify for a waiver of plan check and building inspection permif fees because of the storm related damage. MOTION A motion . was made , by Mayor Pro Tem Monahan, seconded Granted Waiver of by Council Member Somers, to grant the request for a waiver Fees of fees, including waiver of the $100.00 deposit and $200 rental fee, for Lions Park on June 6 and 20, 1998, and directing the Police Department to report on the traffic control, parking,' and the proposed closure of Anaheim Avenue. Council Member Cowan addressed waiver of Building Department staff assistance fees, commenting that the payment of fees, is important in this instance in order for there to be no question that the inspectors are working on behalf of the City. She asked that the motion be amended. Mayor Pro Tem Monahan declined but did ask that staff assistance be kept to only that which is needed. The motion carried 4-1, Council Member Erickson voting no, Council Member Erickson opposed the motion because he could not support using general fund monies; however, he expressed his appreciation for the project. NEW BUSINESS The Deputy City Clerk presented Newport Boulevard Frontage Newport Boulevard Road Parking Restrictions: Frontage Road Parking Restrictions Implement an overnight parking restriction from 1:00 a.m. to 6:00 a.m. on the easterly Newport Boulevard frontage road, between 15th and 17th Streets. Remove a limited amount of red curb on Orange Avenue between Ogle' and 17th Streets to provide additional parking for area residents. A communication was received from Ed Fawcett, President of the Costa Mesa Chamber of Commerce, 1700 Adams Avenue, Suite 101, Costa Mesa, supporting the proposed overnight 'parking restrictions on the Newport Boulevard frontage road. The Transportation Services Manager summarized the Agenda Report dated March 12, 1998. John Harris, 1640 Newport Boulevard, Space 44, Costa Mesa, felt that the proposal would be a problem for residents of EI Nido Trailer Park, noting that the park is located on an uphill slope and' many of the residents are elderly. He observed that many 'of the persons who signed the petition requesting the parking restriction were not in business at the time of the signing. He proposed an alternative of posting signs to restrict'l recreational vehicle parking and institute permit parking. A resident of the Snug Harbor Trailer Park, 1626 Newport Boulevard, Costae Mesa, reported that Newport Boulevard between 15th and', 16th Streets is primarily business, and there are trailer parks between 16" and 17th Streets. He did not believe'that the license plate survey of parked vehicles on the frontage road was accurate, and stated that the permit 1 11 parking would not cause a notable increase in administration fees. He proposed posting a notice of the current 72 -hour parking restriction. Irene Shannon, 1640 Newport Boulevard, Space 17, Costa Mesa, observed that since the EI Nido Trailer Park is no longer for seniors only, often both residents of a trailer work and therefore have two vehicles. She opposed the parking restrictions. Ed Fawcett, President of the Costa Mesa Chamber of Commerce, 1700 Adams Avenue, Suite 101, Costa Mesa, acknowledged that he initiated the petition in support of restricted overnight parking on Newport Boulevard. He addressed several items from the City Council Guidelines for Consideration of..,lnstallation or Removal of Resident Only Permit Parking, stating that the guidelines support staff's recommendation. John Feeney, 1154 Dorset Lane, Costa Mesa, suggested restricting the parking during daylight hours. He supported permit parking for trailer park residents. MOTION/Approved A motion was made by Council Member Somers, seconded Parking Permits and by Council Member Erickson, and carried 4-1, Mayor Pro Tem Signage Monahan voting no, to approve the implementation of overnight parking permits for residents of the EI Nido and Snug Harbor Trailer Parks, and to approve signage restricting the parking of oversized vehicles. Council Member Erickson supported strong parking enforcement efforts on long time parking of oversize vehicles. Substitute Motion A substitute motion was made by Mayor Pro Tem Monahan to Approve Over- to approve staff recommendations for overnight parking night Parking Died restrictions on Newport Boulevard between 15th and 17th Streets, and to approve removing the red curb on Orange Avenue between Ogle and 17th Streets. The motion died for lack of a second. Mayor Buffa asked that design of the restricted parking sticker ensure its visibility to police officers. MOTION/Approved A motion was made by Council Member Somers, seconded Removal of Red by Council Member Erickson, and carried 5-0, to approve the Curb removal of a portion of the red curb on Orange Avenue between Ogle and 17' Street, and to provide additional parking for area residents. RECESS The Mayor declared a recess at 10:55 p.m., and reconvened the meeting at 11:05 p.m. NEW BUSINESS The Deputy City Clerk presented the formation of the Costa Costa Mesa Com- Mesa Community Foundation: submittal of incorporation munity Foundation papers for the foundation; draft Request for Qualifications (RFQ) for the foundation's Executive Director; foundation bylaws; Foundation Board of Directors; and funding for the Executive Director position. The Assistant to the City Manager reviewed the Agenda Report dated March 26, 1998. Motion to Approve A motion was made by Council Member Cowan, seconded by Withdrawn Council Member Somers, to approve the submittal of incorporation papers for the foundation; to approve the draft foundation bylaws; to determine the Foundation Board of Directors; and to.approve and distribute the draft RFQ. After discussion, Council Member Somers withdrew her second, and Mayor Buffa then seconded the motion. Mayor Pro Tem Monahan suggested making individual motions on each item. Council Member Erickson supported the concept but did not concur with paying a salary to an Executive Director. Council Member Cowan stated that her interests were not necessarily in hiring and funding an Executive Director but to determine the City's options. MOTION/Approved A motion was made by Council Member Somers, seconded Submittal of Papers by Council Member Erickson, and carried 5-0, to approve submittal of incorporation papers for the foundation. MOTION/Approved On motion by Council Member Somers, seconded by Council Draft Bylaws Member Erickson, and carried 5-0, to approve the draft bylaws for the foundation. Mayor Buffa indicated that at this point, the draft bylaws specify a Board of nine persons. Mayor Pro Tem Monahan stated that his interest would be that the community -at -large be represented. MOTIOIV/Deter- A motion was made by Council Member Somers, seconded mined Committee by Council Member Erickson, and carried 5-0, to determine Composition the composition of the Foundation Board of Directors. Motion to Approve A motion was made by Council Member Somers to approve the Draft RFQ Died the form of the draft RFQ for the foundation's Executive Director, subject to approval and discussion by the Board at a date six months hence from the Board's formation. The motion died for lack of a second. Motion to Approve A motion was made by Mayor Buffa, seconded by Council Draft RFQ Failed to Member Cowan, to approve the form and distribution of the Carry draft RFQ for the foundation's Executive Director. The motion failed to carry 3-2, Council Members Erickson, Monahan, and Somers voting no. , MOTION/Approved A motion was made by Council Member Somers, seconded Draft RFQ by Mayor Buffa, !and carried 3-2, Council Members Erickson and Monahan voting no, to approve the draft form of the RFQ without its being distributed. Council Member Cowan did not want staff to spend more time on the RFQ if it is not going to be distributed. Council Member Somers ascertained that the RFQ has already been drafted and would not require much staff time. Mayor Buffa explained that a foundation is required because there are a range of opportunities for funding from various sources. He felt, that the Council required more information as to why this type of structure is being implemented. 1 1 NEW BUSINESS The Deputy City Clerk presented requests from Costa Mesa, Requests for Grad Newport Harbor, and Estancia high schools for grad night Night Funding funding. The Assistant to the City Manager summarized the Agenda Report dated March 26, 1998. Karl Koenig, 3069 Fernheath Lane, Costa Mesa, co-chairman for the Costa Mesa High School grad night committee, asked for the City's support. He gave a brief history of the event, and noted that an outside company is planning the event for the first time. Ernie Feeney, 1154 Dorset Lane, Costa Mesa, opposed the funding, stating that the requests for funding do not stop once the door is ,opened. She thought that infrastructure repairs were more important at this time. MOTION On motion by Council Member Erickson, seconded by Mayor Denied Requests Pro Tem Monahan, and carried 3-2, Council Members Buffa and Cowan voting no, the requests were denied. Council Member Erickson opined that grad night is an important event for students but opposed the City assisting with the funding. Mayor Pro Tem Monahan agreed that this should not be a City expenditure. NEW BUSINESS The Deputy City Clerk presented a General Plan Amendment General Plan (GPA) screening request from Pacific Federal Plaza, 1901 Screening Request Newport Boulevard, to establish a site-specific Floor Area -for Pacific Federal Ratio (FAR) standard and to amend the General Plan policy Plaza regarding building heights. A communication was received from Jay Humphrey, 1620 Sandalwood Street, Costa Mesa, opposing development of a seven -story resort at that address. The Principal Planner reviewed the Agenda Report dated March 17, 1998. Reese Jarrett, Carter Reese & -Associates, 525 Hawthorn Street, Suite 3, San Diego, asked that the application be accepted. Council Member Somers expressed her concerns regarding movement of vehicles in and out of the site and on- site parking. Mr. Jarrett responded by illustrating where the parking structure would be located. David Lester, chairman of the Board of Trustees for the First United Methodist Church, stated that he is looking forward to the new development, and appealed to the applicants to make church access through the passageway and the entryway in the rear. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, supported the applicant's right to present his project but would like to know the following: do the traffic circulation numbers include the banquet hall, the retail shops, and pedestrian traffic; what affect will the project have on the Bridge Alternative Study Committee regarding the 17th Street/Gisler Street bridge or alternatives outlined; what are the traffic circulation patterns at this project; what is the impact on East 19" Street; and what is the difference in traffic studies with a 5, 6, and 7 -story building. 'He stated his concern that the hotel would have a negative impact on the east and west side Costa Mesa traffic circulation. 345 June McKinzie, , 165 East 19th Street, Costa Mesa, commented on the increased parking, how the complex will affect the intersection at 19th Street and Newport Boulevard, and complained about the current traffic on 19th Street. Nickolas Shammas, Shammes Family of Businesses, 3330 South Figueroa Street, Los Angeles, owner of the property, reported that they had been waiting for the right development which would benefit the City and themselves. He asked that the Council give the project serious consideration. MOTION/Accepted A motion was made by Mayor Pro Tem Monahan, seconded GPA Request for by Council Member Cowan, and carried 5-0, to direct staff to Screening accept the GPA screening request. Council. Member Erickson noted several of his concerns: the homes on Bernard Street would be facing a large parking structure, and the building is higher than four stories. Council Member Somers stated that she is concerned about the intensity of use at this site, traffic movement, and parking. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORT/Request Government Code Sections 54956.9(a), 54956.9(b)(1), and for Closed Session: 54956.9(c), to discuss the following: City of Costa Mesa v. City v. Cherney; Michael Cherney;; City of Costa Mesa v. Kathleen Connell, City v. Connell; Orange County Superior Court Case No. 78-01-84; Manney Manney v. City; V. City of Costa Mesa, Orange County Superior Court Cases Temple Claim No. 77-59-73; and . claim from Larry Temple, et al. Mayor Buffa announced that closed session would be held at the conclusion of regular business. Motion Ito Accept Council Member Erickson shared his understanding that Reports on Manney Manney v. City of Costa Mesa and the claim from Larry and Temple Temple, et al., could be considered in open session. A Withdrawn motion was made by Council Member Erickson, seconded by Council-. Member' Cowan, to accept the City Attorney's recommended action on the above items. Mayor Pro Tem Monahan preferred discussing the Temple claim in closed session. Council Member Erickson withdrew his motion. MOTION/Rejected In the matter ofl Manney v. City of Costa Mesa, Orange Settlement Demand County Superior 'Court Case No. 77-59-73, a motion was in Manney v. City made by Council Member Erickson, seconded by Council Member Somers, and carried 5-0, to reject the demand to settle and to authorize the City Attorney to file a statutory demand to compromise as outlined in the Assistant City Attorney's confidential memorandum dated March 30, 1998. COUNCIIL Council Member Somers congratulated retired Police Captain COMMENTS Dave Brooks on his appointment to the Newport -Mesa Unified Brooks Appointment School District Board: TCA and County Mayor Buffa announced that the San Joaquin Hills Archaeological Transportation Corridor Agency (TCA), in conjunction with Exhibit the County of Orange, have prepared an exhibit of significant archaeological and paleontological finds discovered while constructing the corridor. He reported that the exhibit is being held at the old courthouse in Santa Ana from April 4 to September 25, 1998, and the hours are Monday through Friday, -9:00 a.m. to .5:00 p.m., as well as selected Saturdays. He suggested calling 834-3703 for information. ADJOURNMENT TO At 11:55 p.m., the Mayor adjourned the meeting to a closed CLOSED SESSION session in first floor Conference Room A to discuss the remaining items previously announced by the City Attorney. MEETING Mayor Buffa reconvened the meeting at 12:20 a.m., and the RECONVENED action taken during closed session was announced. MOTION/Authorized In the City of Costa Mesa v. Michael Cherney, by a vote of 4 - Litigation in City v. 1, Mayor Pro Tem Monahan voting no., the City Attorney was Cherney authorized to commence litigation to abate the public nuisance at 679 Center Street. MOTION/Gave In the City of Gosta Mesa .v. Kathleen Connell, Orange Direction in City v. County Superior Court Case No. 78-01-84, by a vote of 5-0, Connell Council gave direction to the City Attorney on settlement options. MOTION/Rejected Regarding claim of Larry Temple, et al., by a vote of 5-0, Temple Claim Council rejected the claim. ADJOURNMENT The Mayor declared the meeting adjourned at 12:25 a.m. 1 ATTEST: C4 �(2'' Mayor of the City of s Mesa T• \ Deputy City erk of the City of Costa Mesa 347 1