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HomeMy WebLinkAbout05/18/1998 - City CouncilROLL CALL REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA MAY 18, 1998 The City Council of the City of Costa Mesa, California, met in regular session May 18, 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 Mayor Pro Tem Monahan, and invocation by Pastor Dan Steward, Calvary Church Newport -Mesa. 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: Non - Officials Present: City Manager Allan Roeder Cify /attorney Thomas Kathe - Deputy City Manager/Development 'Services Donald Lamm Public Services Director William Morris Community Services Director Keith Van Holt Personnel Services Director Steve Hayman Budget & Research Officer Carol Jacobs Management Analyst Irma Hernandez Associate Planner Gabriel Elliott Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Erickson, seconded by Council May 4, 1998 Member Somers, and carried 5-0, the minutes of the regular meeting of May 4, 1998, were approved as distributed. ORDINANCES AND A motion was made by Council Member Erickson, seconded RESOLUTIONS by Council Member Cowan, and carried 5-0, to read all ordinances and resolutions by title only. ORAL COMMUNI- Roy Andreen, 2769 Cibola Avenue, Costa Mesa, spoke about CATIONS/Fences corner lots in residential areas with shrubbery planted along and Shrubs in front yard fences.; He asserted that when the shrubbery is Front Yards allowed to grow ' too tall, it poses a safety problem for vehicles entering and exiting those streets. He suggested that the shrubbery along the perimeters of corner lots be limited to three feet in height. Lease Agreement Ta Nguyen, 296 North Thora Street, Orange, owner of a with Border Costa liquor store at 145 East 19' Street, Costa Mesa, reported Mesa LI -C that when Borders Costa Mesa LLC purchased the property where his business is located, they assured him that he 1 1 11 would be given the opportunity to remain at the site; however, he has now received notice that his lease with Borders will terminate July 31, 1998, and he will be required to vacate the premises. Mayor Buffa advised Mr. Nguyen that because the lease is between him and Borders, the City cannot interfere. The Mayor suggested that Mr. Nguyen contact the Redevelopment and Housing Manager so she can assist him in communicating with Borders. Mr. Nguyen submitted documentation to Council regarding the lease termination and a petition containing 212 signatures supporting retention of the business at this location. CONSENT The following items were removed from the Consent CALENDAR Calendar: Item No. 13, Completion of Installation of Tot Lot Equipment and Other Improvements at six parks; Item No. 14, Resolution opposing.annexations to the Orange County Water District's service boundaries; and Item No. 15, Appointment of George Sakioka to the Traffic Impact Fee Ad Hoc Committee. MOTION/Approved On motion by Council Member Cowan, seconded by Council Except Item Nos. Member Erickson, and carried 5-0, the remaining Consent 13; 14; and 15 Calendar items were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the City Clerk's Office: Hassan Chitsaz; and Ada Kersch. Alcoholic Beverage Alcoholic Beverage Control (ABC) License Requests: Control (ABC) Licenses A Superior Sandwich, 1599 Superior Avenue, Suite A5, for an original Type 41 ABC license (on -sale beer and wine for a bona fide eating place). Sir Charles Liquor, 2981 Bristol Street, for a person-to- person transfer of a Type 21 ABC license (off -sale general). Maggiano's Corner Bakery, 3333 Bristol Street, Suite 1622, for an original Type 41 ABC license (on -sale beer and wine for a bona fide eating place). Maggiano's Corner Bakery, 3333 Bristol Street (in the Sear's parking lot) for an original Type 47 ABC license (on -sale general for a bona fide eating place). WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1692, funding City operating expenses 1692/Payroll 9809 for $558,541.05; and Payroll 9809 for $1,388,852.27. Approved Warrant Warrant Resolution. 1693, funding City operating expenses 1693 for $2,194,191.00. 369 317 ADMINISTRATIVE One bid received .for Replacement of Floor Tile at Various ACTIONS/Awarded Locations, Project No. 98-04, is on file in the City Clerk's Floor Tile, Project office. The contract was awarded to Hector Montealegre, No. 98-04, to HM doing business as HM Carpet, 146 East Alondra Boulevard, Carpet Gardena, for 512,671.05. $8,650.00, to purchase replacement surveillance Approved Agree- An agreement was approved with Cutler & Associates, Inc., ment with Cutler & 610 Pacific Coast Highway, Suite 100, Seal Beach, for Associates for $15,150.00, to provide right-of-way acquisition services for Right -of -Way the 17th Street/Newport Boulevard/Superior Avenue Acquisition Intersection Improvement Project, and the Mayor and Deputy Services City Clerk were authorized to sign on behalf of the City. Approved An agreement was approved with Orange County Model Donation of a Lawn Engineers, 270 Princeton Drive, Costa Mesa, authorizing the Mower to Orange City to donate a Toro Model 220 lawn mower (Unit No. 174), County Model and the Mayor and; Deputy City Clerk were authorized to sign Engineers on behalf of the City. Approved Agree- An agreement was; approved with Mike Linares, 2713 Dayna ment with Mike Street, Santa Ana,: in an amount not to exceed $66,000.00, Linares for CDBG for Community Development Block Grant (CDBG) and HOME and HOME Staff staff services, and the City Manager was authorized to sign Services the Professional Services Contract on behalf of the City. Rejected Bids for Bids received for City Hall Lobby Remodel and Audio Visual City Hall Lobby Room Expansion, Project No. 98-03, are on file in the City Remodel and Audio Clerk's office. All bids were rejected; staff was authorized to Visual Room Ex- negotiate a contract with a qualified general construction firm pansion, Project for an amount not to. exceed $112,000.00; and the City No. 98-03 Manager; was authorized to sign the agreement on behalf of the City. Approved Budget Budget Adjustment No. 98-68 was approved for Adjustment 98-68 $8,650.00, to purchase replacement surveillance for Surveillance equipment for the Costa Mesa Police Department Jail Equipment Facility. Approved Budget Budget Adjustment No. 98-69 was approved for Adjustment 98-69 $201,000.00, for , the construction phase of Bristol Street for Bristol Street, Improvements from State Route 73 to Red Hill Avenue, Project No. 98-08 Project No. 98-08. Accepted Work by Energy Retrofit at' City Facilities, Project No. 97-20, was Harbor Glass for completed to the satisfaction of the Public Services Director Energy Retrofit at on May 1,- 1998, by Harbor Glass Company, 1926 Placentia City Facilities, Avenue, Costa Mesa. The work was accepted; the Deputy Project No. 97-20 City Clerk was authorized to file a Notice of Completion; authorization was 'given to release retention funds 35 days 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 Installation of Tot Lot Equipment and Handicap Access Park Specialties 'Improvements at Balearic Center, was completed to the for Balearic Center satisfaction of the Community Services Director on May 4, Tot Lot Equipment 1998, by Park Specialties Company, 30875 Bardmoor Drive, and Handicap Im- Temecula. The work was accepted, the Deputy City Clerk provements was authorized to file a Notice of Completion; authorization was given to release retention funds 35 days thereafter; the c Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. Completion of Tot Item No. 13 on the Consent Calendar was presented: Lot Equipment at Completion of Demolition of Existing Tot Lot Equipment and Various City Parks Other Improvements, Installation of New Tot Lot Equipment, and Handicap Access Improvements at Canyon, Marina View, Mesa Verde, Tanager, TeWinkle, and Vista parks, by Parker Engineering, 10059 Whippoorwill Avenue, Fountain Valley. Council Member Somers stated that she wanted the public to be made aware of the new tot lot equipment the City has MOTION/Accepted installed. On motion by Council Member Somers, seconded Work by Parker by Mayor Pro Tem Monahan, and carried 5-0, the work was Engineering for accepted; the Deputy City Clerk was authorized to file a Tot Lot Equipment Notice of Completion; authorization was given to release Installation at City retention funds 35 days thereafter; the Labor and Material Parks Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. Resolution Item. No. 14 on the Consent Calendar was presented:. Opposing Annex- Resolution opposing annexations to the Orange County Water ations to the O.C. District's service boundaries. Council Member Somers Water District reported that there are several areas surrounding Costa Mesa Service Boundaries that are attempting to tap into the underground water supply through the Orange County Water District. She stated that this resolution opposes any additional annexations to the County District until it can be determined how much water MOTION/Adopted future developments will need. On motion by Council Resolution 98-40 Member Somers, seconded by Mayor Pro Tem Monahan, and carried 5-0, Resolution 98-40 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, OPPOSING ANNEXATIONS TO THE ORANGE COUNTY WATER DISTRICT'S SERVICE BOUNDARIES. Trudy Ohlig-Hall, Mesa Consolidated Water District Board of Directors, 1965 Placentia Avenue, Costa Mesa, thanked Council for adopting the resolution. Traffic Impact Fee Item No. 15 on the Consent Calendar was presented: Committee Appointment of George Sakioka to serve on the Traffic Appointment Impact Fee Ad Hoc Committee. Council Member Somers thanked Mr. Sakioka for offering to serve on the committee MOTION as a representative from the business community. On motion Appointed George by Council Member Somers, seconded by Mayor Pro Tem Sakioka Monahan, and carried 5-0, the appointment of George Sakioka to the committee was approved. PUBLIC HEARING The Deputy : City Clerk presented the public hearing, Appeal from continued from the meeting of April 20, 1998, to consider an Victoria Garden application from Mark Fork, Manager of Victoria Garden Villas, PA -98-08, Villas, 260 Victoria Street, No. A3, Costa Mesa, appealing Bahar/Muratyan the Planning Commission's approval of Planning Application PA -98-08, for Arthur Bahar, 704 Promontory Drive West, Newport Beach, authorized agent for Arman Muratyan, 1995 Harbor Boulevard, Costa Mesa, for a conditional use permit to construct a five -bay, 4,880 -square -foot automotive repair shop (Herb's Garage) with an 800 -square -foot second story office within 200 feet of a residential zone; and a variance 3"72 from side setback; requirements (15 feet required, 0 feet proposed) to allow a decorative canopy to be constructed on the side property line, located at 242 Victoria Street in a C2 zone. Environmental Determination: Negative Declaration. A communication was received from Kay Stanton, 251 "B" Avocado Street, stating that there will be a serious noise problem if auto repair is conducted at 242 Victoria Street. The Associate Planner summarized the Agenda Report dated May 11, 1998. The Associate Planner responded to numerous questions from Council Member Somers regarding noise levels contained in the Agenda Report and those provided by the noise consultant for the applicant and the neighbors. Kay Stanton, 251 "B" Avocado Street, Costa Mesa, requested that Council overturn the Planning Commission's approval of the conditional use permit. She provided Council with a list of seven mitigation measures to be added to the conditions of approval, should the application be approved. Carl Yanchar, President of Wave Space, Inc., 26741 Portola Parkway, Suite 1 E; Foothill Ranch, acoustical consultant for the residents, reviewed the acoustical analysis prepared for Mr. Bahar, and believed there were flaws in the report. He stated that the City's noise ordinance has a five -decibel penalty on sources of noise impacts, and felt that impact wrenches qualified Jor that penalty. He suggested that noise level measurements be conducted for longer than 15 -minute periods to obtain a more accurate result. Mark Fork, Manager of the Victoria Garden Villas, 260 Victoria Street, No. A3, Costa Mesa, opined that the proposed auto repair facility will create a less desirable environment for the residents, and would greatly impact four units at this complex. Than Hyun, General Manager of the Victoria Garden Villas, 260 Victoria Street, Costa Mesa, asked Council to overturn the Planning Commission's approval or modify the conditions. Arthur Bahar, 704 Promontory Drive West, Newport Beach, architect for the; project, introduced Farshad Farhang, Acoustics Consultant, who prepared the acoustical analysis contained in the Agenda Report. Eve Elledge, 157 Lexington Lane, Costa Mesa, representing Arman Muratyan, owner of Herb's Garage, stated that they will comply with' the conditions of approval, such as constructing an 8 -foot -high block wall along the rear property line which will act as a sound barrier for the surrounding residents and businesses. Regarding residents' concerns about test driving vehicles on Victoria Street, she reported that the auto repair facility will have new technical equipment which will eliminate the need to test drive in some cases. Farshad Farhang, of Accessible Consulting Engineers, Inc., 20311 South West Birch Street, Suite 202, Newport Beach, acoustics consultant for Arman Muratyan, indicated that the maximum noise levels at this location will not exceed the City's standards. He stated that the site is commercially zoned and the use is compatible for the area. Responding to questions from Mayor Buffa, Mr. Farhang stated that the noise level measurements were taken continuously for 15 -minute periods at the existing • Herb's Garage, 1995 Harbor Boulevard, on Saturday, February 28, 1998. He explained that Saturday morning background noise is usually lower than on weekdays because of reduced traffic. Council Member Somers asked if pneumatic tools and impact wrenches were being used at the time the noise measurements were being taken. Mr. Farhang replied that to the best of his knowledge, noise was being measured under typical garage operations. Margaret Hyun, 1568 Valecroft, Westlake Village, felt that an auto repair facility is inappropriate for the area. Kay Stanton, 251 "B" Avocado Street, Costa Mesa, asked about the noise level of the air ratchet and dynamometer. Mayor Buffa stated that the tests were probably conducted under normal working conditions. There being no other speakers, the Mayor closed the public hearing. Council Members Erickson and Somers noted that the conditional use permit could be revoked at any time if the use negatively impacts the neighbors. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Council Review of place set for the public hearing to consider a request from PA -98-24, Trinity Council Member Cowan for Council review of the Planning Broadcasting Net- Commission's decision for Planning Action PA -98-24, Kent C. work, 3150 Bear Whitmore, 1067 Port Chelsea Place, Newport Beach, Street authorized agent for Trinity Christian Center of Santa Ana, 2442 Michelle Drive, Tustin, to amend the existing conditional use permit to allow the use of an existing kitchen to serve the Ms. Elledge responded to a question from Mayor Buffa by stating that the current hours of operation at the existing Herb's Garage is 8:00 a.m. to 6:00 p.m., Monday through Friday, and 8:00 a.m. to 4:00 p.m., on Saturdays. MOTION/Adopted A motion was made by Mayor Pro Tem Monahan, seconded Resolution 98-41, by Council Member Erickson, and carried 5-0, affirming the Approving Planning Commission's decision by adopting Resolution 98 - PA -98-08 41, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING APPLICATION PA -98-08, subject to conditions of approval recommended by the Planning Commission, and including the following conditions submitted Ms. Stanton: Repair bays must be insulated with sound absorbent material; the dynamometer must be located in the repair bay closest to Victoria Street; if possible, use sound dampening devices on all pneumatic tools; and at the request of Council Member Cowan, included a condition that mature trees shall be planted around the rear portion of the lot to provide visual relief for second story residents. Council Members Erickson and Somers noted that the conditional use permit could be revoked at any time if the use negatively impacts the neighbors. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Council Review of place set for the public hearing to consider a request from PA -98-24, Trinity Council Member Cowan for Council review of the Planning Broadcasting Net- Commission's decision for Planning Action PA -98-24, Kent C. work, 3150 Bear Whitmore, 1067 Port Chelsea Place, Newport Beach, Street authorized agent for Trinity Christian Center of Santa Ana, 2442 Michelle Drive, Tustin, to amend the existing conditional use permit to allow the use of an existing kitchen to serve the general public, as well as employees, and to allow an outside, mobile lunch truck'to serve both employees and the public at Trinity Broadcasting, Network, 3150 Bear Street, in an AP zone. Environmental Determination: Exempt. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. A communication was received from Robert Wolverton, 864 Sonora Road, Costa Mesa, stating several concerns about the proposed project. ! The Deputy City Manager summarized the Agenda Report dated May 6, 1998. Kent Whitmore, 1,067 Port Chelsea Place, Newport Beach, stated that their intent and purpose for food service is to be hospitable to the partners who visit the facility by providing them with light snacks and drinks; and they have no interest in a restaurant type of operation. He reported that occasionally, seminars will be held at the facility, but the food will be provided by a catering company and meals will not be prepared in the complex. He explained that a catering truck is more than that which is required and preferred having a portable popcorn wagon available at special events or on a daily basis, if needed, which would be used in the grand mall area, not visible from Bear Street. He provided Council with pictures of the portable popcorn wagon that they are proposing. Council Member Cowan asked why outside food vending is needed. Mr. Whitmore responded that one of their other facilities that has the same volume of visitors does not utilize their portable popcorn wagon on a daily basis; however, he would like to have, approval to use it if needed during regular business hours. Doug Marsh, 3150 Bear Street, Costa Mesa, employee of Trinity Broadcasting Network, pointed out that popcorn, bagels, cookies, and cold and hot beverages will be the only items provided on the wagon, and there will be no cooking done inside. The following residents from the Lifestyles community, located at Paularino Avenue and Bear Street, spoke in opposition to the request: Shard Myers, 801 Marquis Court, President of Lifestyles, who provided Council with a letter stating her concerns; Christine Rozek, 3104 Promenade; and Bob Myers, 801 Marquis Court. Mr. Whitmore responded to some of the residents' concerns by stating that they are anticipating a low level of traffic at the site. He noted that the maximum occupancy requirements have already been established by the Fire Marshal and are clearly stated in the plans. There being no other speakers, the Mayor closed the public hearing. Motion -to Deny Council Member Cowan made a motion to deny all outdoor Outdoor Food food service and outdoor eating facilities, to allow indoor food Service Died service to visitors' or the general public, and to limit indoor food service to catering or warming of food in the kitchen only. The motion died for lack of a second. 1 1 1 3'75 MOTION/Adopted A- motion was made by Council Member Erickson, seconded Resolution 98-42, by Mayor Pro Tem Monahan, and carried 4-1, Council Approving Member Cowan voting no, adopting Resolution 98-42, A PA -98-24 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT PA -98-24, with the following modifications: delete Conditions of Approval Nos. 2 and 3 shown on Page 8 of the Agenda Report; deny the catering truck and approve one vending cart that provides popcorn, bagels, cookies, and hot and cold beverages between 10:00 a.m. and 5:00 p.m.; and allow the general public to use the indoor dining facility with the stipulation that no food will be cooked on-site, that food will be provided by an outside caterer and warmed up on the premises. Council Member Cowan opposed the motion because she felt that visitors and staff could be accommodated with indoor food service only. RECESS The Mayor declared a recess at 8:30 p.m., and reconvened the meeting at 8:40 p.m. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Vacation of Public place set for the public hearing to consider a resolution Alley Right -of -Way, ordering the vacation of a 20 -foot wide public alley right -of - 480 East 17th way located at 480 East 17' Street, and Quitclaim Deed No. Street 3414. The Affidavits of Publishing and Posting of the property are on file in the City Clerk's office. No communications were received. The Public Services Director summarized the Agenda Report dated May 11, 1998. There being no speakers, the Mayor closed the public hearing. MOTION/Adopted A motion was made by Council Member Erickson, seconded Resolution 98-43; by Council Member Cowan, and carried 5-0, adopting Authorized Resolution 98-43, A RESOLUTION OF THE CITY COUNCIL OF Execution of THE CITY OF COSTA MESA, CALIFORNIA, ORDERING THE Quitclaim Deed No. VACATION OF A 20 -FOOT WIDE PUBLIC ALLEY RIGHT -OF - 3414 WAY LOCATED AT 480 EAST 17"i STREET, and authorizing the Mayor and Deputy City Clerk to execute Quitclaim Deed No. 3414. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Business Improve- place set for the public hearing to consider an ordinance ment Area levying an annual assessment for Fiscal Year 1998-99 for a Business Improvement Area for City of Costa Mesa hotels and motels; and reaffirmation of the nine board members to the Costa Mesa Tourism and Promotion Council. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Management Analyst reviewed the Agenda Report dated May 11, 1998. Joe Bann, President of the Costa Mesa Tourism and Promotion Council, and General Manager of the Doubletree Hotel, gave a presentation of their web site data on Costa Mesa restaurants, hotels, shopping, recreation, and a calendar of upcoming events. He mentioned that any businesses interested in being included in the web site can contact him, and the request will be reviewed by the Tourism Council. 376 Mayor Pro Tem Monahan expressed his pleasure in serving with the members, on the Tourism and Promotion Council. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Erickson, seconded by Council Ordinance 98-14 Member Somers, and carried 5-0, Ordinance 98-14 was given Given First Reading first reading and passed to second reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, TO LEVY AN ANNUAL ASSESSMENT FOR FISCAL' YEAR 1998-99 FOR A BUSINESS IMPROVEMENT AREA FOR CITY OF COSTA MESA HOTELS AND MOTELS; to reaffirm the nine board members to the Costa Mesa Tourism and Promotion Council, and to appoint Mayor Pro Tem Monahan as Council representative to the Tourism Council, with Council Member Somers as the alternate. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Skateboard Riding place set for the, public hearing to consider an ordinance in Public Parks adding Section 12-21 to Chapter II of Title 12 of the Costa Mesa Municipal Code regulating skateboard riding in public parks. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Community Services Director summarized the Agenda Report dated May 4, 1998. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Somers, seconded by Council Ordinance 98-15 Member Erickson; and carried 5-0, Ordinance 98-15 was Given First Reading given first reading and passed to second reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING SECTION 12-21 TO CHAPTER II OF TITLE 12 OF THE COSTA MESA MUNICIPAL CODE RELATING TO THE REGULATION OF THE RIDING OF 'SKATEBOARDS IN PUBLIC PARKS. PUBLIC HEARING The Deputy City Clerk announced that this is the time and Storage: of Inop- place set for the, public hearing to consider an ordinance erative Vehicles regarding storage �of inoperative vehicles on private property. on Private Property The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Deputy City Manager reviewed the Agenda Report dated May 7, 1998. Council Member Somers asked if there is an estimate of the number of inoperative vehicles in the City. The Deputy City Manager replied that in 1997, approximately 700 vehicle owners were sent notices by Code Enforcement, and the majority, of residents resolved the problem without a citation being issued. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Mayor Pro Tem Monahan, seconded by Mayor Ordinance 98-16 Buffa, and carried, 3-2, Council Members Somers and Cowan Given First Reading voting no, Ordinance 98-16 was given first reading and passed to ,second reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 13-86 OF THE COSTA MESA MUNICIPAL CODE CONCERNING THE STORAGE OF INOPERATIVE VEHICLES ON PRIVATE PROPERTY, approving Alternative "A", "behind fence or under cover - not visible from off-site", shown on Page 2 of the Agenda Report. Council Member Cowan opposed the motion because she believed that Alternative "A" would be too difficult to enforce. Council Member Somers opposed the motion because she thought that Alternative "A" was too vague and that Alternatives "D" or "E" would be more appropriate. OLD BUSINESS The Deputy City Clerk presented from the meeting of May 4, Close Out Sales 1998, second reading and adoption of Ordinance 98-13, Permits pertaining to close out sales permits. MOTION/Adopted On motion by Council Member Somers, seconded by Council Ordinance 98-13 Member Cowan, and carried 5-0, Ordinance 98-13, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, TO REPEAL ARTICLE 7 OF CHAPTER II, TITLE 9, OF THE COSTA MESA MUNICIPAL CODE RELATING TO CLOSE OUT SALES PERMITS, was given second reading and adopted. OLD BUSINESS The Deputy City Clerk presented the 1998-99 Community 1998-99 Com- Objectives. The Budget & Research Officer reviewed the munity Objectives Agenda Report dated May 11, 1998. Council Member Cowan pointed out that Objective 98-E4 - "Management Information", Page 29 of the Agenda Report, was the same as Objective 99-E1 - "Computer Systems", Page 30. The Budget & Research Officer responded that Objective 99-E1 is a duplication and recommended that it be eliminated. Mayor Pro Tem Monahan asked why Objective 99-133 - "Historical Places Project", Page 5, had been increased from $10,000.00 to $30,000.00. The Budget & Research Officer replied that the Development Services Department requested $10,000.00 for implementation of an inventory of historical buildings in the City, which was budgeted in 1997-98; however, the Preliminary Budget for 1998-99 has no funds for this project, and an additional $20,000.00 would be needed to prioritize the sites and implement an ordinance to ensure preservation. The City Manager added that Requests for Proposals (RFP) have gone out for consulting services, and once the contract is awarded, a determination can be made on how much work can be done under that contract. He recommended having the inventory done first, then looking at implementing the balance without consultant services. The City Manager commented that staff is not asking for a commitment beyond that which Council has already made. Regarding Objective 99-C2 - "Special Events Funding", Page 8, Council discussed the possibility of budgeting money to fund requests for worthwhile community events, with all requests to be reviewed by Council. 3'7'7 -it -is Relating to Objective 99-C3 - "Establish an Arts Commission", Page 9, Council Member Somers stated that several residents in the community ,'requested that the City re-establish an Arts Commission because Costa Mesa is known as the City of the Arts. She was not interested in the City's funding the Arts; nevertheless, she; believed a Commission would be helpful in reviewing funding applications and making recommendations on art projects to be funded. In conjunction with Objective 97-05 - "Liquor Sales", Page 23, Council Member Somers commented that the investigation on whether the City should continue to follow Alcoholic Beverage Control (ABC) recommendations has not been completed. She expressed her concern about the number of liquor licenses and transfers that are being approved by Council. The Budget & Research Officer stated that she will provide Council with a report on this, item. After discussion, Mayor Buffa suggested that the issue of the City and Alcoholic Beverage Control (ABC) conflicts of liquor licenses be addressed at a future Study Session. Regarding Objectives 97-E2 and 98-E2 - "Council Communication", ' Page 29, Council Member Somers requested that the community be made aware of the many committees and meetings in which the Council is involved. MOTION/Approved A motion was made by Council Member Erickson, seconded Objectives Except by Council Member Cowan, and carried 5-0, to approve the for Nos. 99-132, 1998-99 Community Objectives, with the exception of 99-134, and 99-C3 Objective No. 99-132 - "Parking lot at 18th and Park", 99-134 - "Police Sub Station", and 99-C3 - "Establish an Arts Commission". MOTIOIN/Approved A motion was made by Council Member Erickson, seconded Objective 99-132 by Council Member Somers, and carried 5-0, to approve Objective 99-132 - "Parking lot at 18th and Park", directing that landscaping maintenance, and maintenance of the lot, utilities, and other on-going costs be directed to the property owners who use the parking lot, and limiting the parking to two hours. MOTION A motion was made by Council Member Erickson, seconded Objective 99-134 by Council Member Cowan, and carried 5-0, to modify Modified Objective 99-134 "Police Sub Station", by deleting the provision to rebuild the police sub station. MOTION A motion was made by Council Member Erickson, seconded To Delete by Mayor Pro Tem Monahan, to delete Objective 99-C3 - Objective 99-C3, "Establish an Arts Commission", with the provision that the Arts Commission Community Foundation can serve as an Arts Commission and the allocation of funds towards the arts and other functions. Mayor Buffa opposed the motion because he felt that it might be a good idea to at .least explore the idea of establishing an Arts Commission. ' 9 GU Council Member Somers opposed the motion because she believed that an Arts Commission would have the ability to seek out grants that could fund specific types of arts for the community. SUBSTITUTE A substitute motion was made by Council Member Somers, MOTION/Approved seconded by Mayor Buffa, and carried 3-2, Council Members Objective 99-C3, Monahan and Erickson voting no, to approve Objective 99 - Arts Commission C3, - "Establish an Arts Commission, to help promote the City as the 'City of the Arts'." OLD BUSINESS The Deputy City Clerk presented the TeWinkle Park softball TeWinkle Park complex concessionaire design concept. The Community Softball Complex Services Director reviewed the Agenda Report dated May 11, Design Concept 1998. Jeanne Brown, 951 Presidio Drive, Costa Mesa, was concerned about the impacts of a public address system, field lighting, alcoholic beverages being served, and the lateness of the games. Roy Andreen, 2769 Cibola Avenue, Costa Mesa, representing the Mesa Del Mar Homeowners Association, opposed having any liquor served at the site. Council Member Cowan felt that a concessionaire -operated facility is not appropriate for TeWinkle Park and opposed alcoholic beverages being served. Mayor Buffa mentioned that the concessionaire concept has worked successfully in other cities and thought if staff were, to send out Requests for Qualifications (RFQ) to appropriate vendors to review the site plan, it could provide the City with some suggestions for the facility. Mayor Pro Tem Monahan supported the concept and pointed out that the facility would only be serving beer and wine. He felt that this concept would be very beneficial to the City. Council Member Somers opposed having alcohol served on the premises of a City park, and suggested that staff prepare an RFQ to be sent out to concessionaires to obtain estimated costs. MOTION A motion was made by Mayor Buffa, seconded by Council Gave Directions Member Somers, and carried 3-2, Council Members Cowan to Staff and Erickson voting no, directing staff to contact the concessionaire who made .a presentation at a Council Study Session, and one or two other concessionaires, review the proposal with them, and provide the inform_ ation in a memorandum to Council. CITY ATTORNEY'S The City Attorney presented from the meeting of April _20, REPORT/Cable 1998, an ordinance to provide updated minimum regulations ,Franchise Renewal to grant a non-exclusive franchise, and to construct and Agreement operate a cable communications system within the City. MOTION A motion was made by Council Member Erickson, seconded Continued to by Council Member Somers, and carried 5-0, to continue this June 1, 1998 item to the meeting of June 1, 1998. CITY A'TTORNEY'S The City Attorney presented Orange County Superior Court REPORT/Gonzalez Case No. 76 68 71, Edward Gonzalez v. City of Costa Mesa. v. City of Costa He advised Council that there was no need for a closed Mesa session if they agree with his recommendation to reject the plaintiff's settlement offer as contained in the Assistant City Attorney's Confidential memo dated May 12, 1998. MOTION/Rejected A motion was made by Mayor Pro Tem Monahan, seconded Settlement Offer by Council Member Somers, and carried 5-0, to reject the plaintiff's settlement offer. CITY MANAGER'S The City Manager presented a resolution of intention, REPORT/Amend- approving an amendment to a contract between the Public ment to the Employees' Retirement System and the City of Costa Mesa, Contract Between to provide a 2 percent at 55 full formula for local the City and PERS miscellaneous members. The Personnel Services Director reviewed the Agenda Report dated May 7, 1998. MOTION/Adopted On motion by Council Member Somers, seconded by Council Resolution 98-44 Member Cowan, and carried 4-1, Council Member Erickson voting no, Resolution 98-44 was adopted: A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING AN AMENDMENT TO A CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF COSTA MESA. COUNCIL Council Member Erickson reported that he attended the grand COMMENTS/ opening for the (Automobile Club of Southern California's Auto Club Ex- expansion and was impressed with the architecture of the pansion facility which does not impact the surrounding neighbors and provides 1,100 new jobs. Mayor Buffa concurred with these comments. ADJOURNMENT The Mayor declared the meeting adjourned at 10:10 p.m. i Mayor of the City of Co esa ATTEST: Deputy Ci Clerk of the City of Costa Mesa 1