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Home My WebLink About01/03/1989 - City CouncilVia✓ fas� ROLL CALL REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JANUARY 3, 1989 The City Council -.of the -City of Costa Mesa, California, met in regular session January 3, 1989, 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, and Invocation by Mayor Buffa. ,Council Members Present: Mayor Peter Buffa Vice Mayor Mary Hornbuckle Council Member Ory Amburgey Council Member Sandra Genis Council Member Ed Glasgow Council Members Absent: 'Officials Present: None City Manager Allan Roeder City Attorney Thomas Wood Deputy City Manager/Develop- ment Services Donald Lamm Assistant to the City -Manager Rick Pickering Deputy City Clerk Mary Elliott MINUTES On motion by Vice Mayor Hornbuckle, seconded by Council December 19, 1989 'Member Amburgey, and carried 5-0, the minutes of the regular meeting of December 19, 1988, were approved. ORDINANCES A motion was made by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, and carried 5-0, to read all ordinances by title only. CONSENT CALENDAR The following items were removed from, the Consent Calendar: Item 7, Resolution -establishing rates of pay 'for executive job classifications; and Item 8, Resolu- �tion requesting County of Orange to include certain street improvements on Sunflower Avenue within the 1989-90 Arterial Highway.Financing Program. On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None WRITTEN On motion by Council Member Amburgey, seconded by Vice COMMUNICATIONS Mayor Hornbuckle, Resolution 89-1, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Records Destruction AUTHORIZING RECORDS DESTRUCTION FOR THE BUILDING SAFETY Building Safety DIVISION OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE Division NO. 75-60, was adopted by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Resolution 89-1 Amburgey, Genis, Glasgow Adopted NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Dennis Carey Gatlin; Catherine S. Moore; two claims from Pacific Bell; and Scheherazade (Sheri) Viramontes. 1 293 Alcoholic Alcoholic Beverage License application for which Beverage parking has been approved by the Planning staff: Licenses- Dimuth Wijemanne, doing business as Plaza Verde Liquor & Deli, 1525 Mesa Verde Drive East, Suite 127-129. Alcoholic Beverage License application for which staff has recommended denial to the ABC Board because -the required Conditional Use Permit has not been obtained: Francisco and Lillian Gomez, doing business as Lillian's Mexican Food, 891 Baker Street, Suite A--12. Local Agency Notice from the County of Orange Local Agency Forma - Formation tion Commission advising that a determination will be Commission made January 4,-1989, regarding the proposed annexa- tion to the City of Costa Mesa, designated Santa Ana Avenue No. 2 Annexation; located at 2028 Santa Ana Avenue. Exploitation Letter -from Patricia -Durbin Hotz, 385 Princeton Drive, of Reindeer Costa Mesa, including.a petition containing eight signatures, protesting the exploitation of live rein- deer to promote the sale of Christmas trees. Employees of -Letter-from Christine Wall, 2840 Andros Street, Costa B-1 Enterprise Mesa, commending the -employees of B-1 Enterprise Commended Corporation for their excellent work and concern for -the residents while performing reconstruction work on Andros Street. WARRANTS On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, Warrant Resolution 1416, including MOTION Payroll 8826, and Warrant Resolution 1417, were approved Warrants 1416 by the following roll call vote: and 1417 Approved AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None REJECTED CLAIMS On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claim from Jan Gravis Gravis, was rejected. Kaye On motion by Council Member.=Amburgey, seconded by Vice Mayor'Hornbuckle, and carried 5-0, the claim from Eva M. Kaye, was rejected. McDonald On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claim from Lori McDonald, was rejected. Ramirez/Torres On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claim from Benito Ulloa Ramirez, Maria Torres, and Estate of Elleno Ulloa Ramirez, was rejected. ADMINISTRATIVE Bids received for Bid Item No. 837, Chipper/Dump Body, ACTIONS are on file in the Clerk's office. On motion by Council Member Amburgey, seconded -by Vice Mayor Hornbuckle, the Bid Item No. 837 contract was awarded to Universal -Truck Body, Incorpo- Chipper/Dump Body rated, 1981 Belgrave Avenue, Huntington Park, for $7,891.00. The motion carried by the following roll MOTION call vote: Awarded to AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Universal Truck Amburgey, Genis, Glasgow Body NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 5f 94 Anti -Gridlock Staff recommended adoption of a resolution in support Program of the Orange County Transportation Commission's Anti - Gridlock Program, and requested Council's authority to post "DO NOT BLOCK INTERSECTION" signs at 39 intersec- tions listed on Table 1 (an exhibit for the proposed resolution). MOTION On motion by Council Member Amburgey, seconded by Vice Resolution 89-2 Mayor Hornbuckle, Resolution 89-2, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, SUPPORTING THE ORANGE COUNTY TRANSPORTATION COMMISSION'S ANTI -GRIDLOCK PROGRAM AND REQUESTING "DO NOT BLOCK INTERSECTION, FINE UP TO $500" SIGNS FOR POSTING AT CONGESTED INTERSECTIONS IN THE CITY, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION on motion by Council Member Amburgey, seconded by Vice Staff Directed Mayor-Hornbuckle, and carried 5-0, staff was directed to to Install Signs install signs upon request at 39 intersections listed in Table 1. Agreement with The Leisure Services Director requested approval of an Wilson Hentzen agreement with Wilson Hentzen, Landscape Architects, 992 East Chapman Avenue, Orange, for $2,800.00, to design Tanager Park Tot .the tot lot area at Tanager Park. On motion by Council Lot Design Member Amburgey, seconded by Vice Mayor Hornbuckle, the agreement was approved, and the Mayor and Clerk were MOTION authorized to sign on behalf of the City. The motion Agreement Approved carried�by the following roll call vote: AYES:. COUNCIL MEMBERS: Suffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with The Leisure Services Director requested approval of an Land Architecture agreement with Land Architecture, 3151 Airway Avenue, Suite A-3, Costa Mesa, for..$2,750.00, to design Design of 'improvements at Lions Park. On motion by Council Member Improvements Amburgey, seconded by Vice Mayor Hornbuckle, the agree - at Lions Park ment was approved, and the Mayor and Clerk were authorized to sign on behalf of the City. The motion MOTION carried by the following roll call vote: Agreement Approved AYES: COUNCIL'MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with The Assistant Development Services Director/Building Jose D. Melad requested approval of an agreement with Jose D. Melad, doing business as Melad and Associates, 8907 Warner Building Plan Avenue, Suite 161, Huntington Beach, to provide build - Review Services ing plan review services. On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, the MOTION -agreement was approved, and the Mayor and Clerk were Agreement Approved 'authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Final Map for The Final Map was presented for Tract No. 13544, W.D.C. Tract No. 13544 Development, Two Corporate Park, Suite 202, Irvine; one W.D.C.-Development lot, 0.369 -acre, located at 161 Mesa Drive, for condo- minium purposes. On motion by Council Member Amburgey, [1 iF L MOTION seconded by Vice Mayor Hornbuckle, the map was approved; Map Approved 'the.Council did accept on behalf of the City an ingress/ egress easement for emergency and security purposes over Lot l as dedicated; did also approve said map pursuant to the provisions of Section 66436(a)(3)(A) of the Subdivision Map Act; and the Clerk was authorized to sign the map on behalf,of the _City. The motion carried by the following roll call -vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT:. COUNCIL MEMBERS: None Completion of Street and storm drain improvements for Development Improvements for Review DR -87-35 have been completed to the satisfaction DR -87-35 of the Public Services staff by Mesa Development Company, Mesa Development 2925 College Avenue,.Suite A--3, Costa Mesa. On motion by Council Member Amburgey, seconded by Vice Mayor MOTION Hornbuckle, the improvements were accepted, and the Improvements bonds were ordered exonerated. The motion carried by Accepted the following roll call vote:. AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS:, None Completion of - Street and storm drain improvements for 17th Street and Street and Storm Pomona Avenue have been completed to the satisfaction Drain Improvements of.the Public Services staff by Excalibur Contracting, for 17th Street Incorporated,.27.60 South Harbor Boulevard, Suite "F", and Pomona Avenue Santa Ana. On motion by Council Member Amburgey, sec- onded by Vice Mayor Hornbuckle., the improvements were MOTION accepted; the Clerk was authorized to file a Notice of Improvements Completion; authorization was given to release remaining Accepted retention funds -35 days thereafter; the Labor and Material.Bond_was ordered exonerated 7 months there- after; and the Performance Bond was ordered exonerated 12 months thereafter. The motion carried by the follow- ing -roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES:. -COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget Adjustment No. 89-55 Model Train at Fairview Park MOTION Adjustment Approved Conference Advance MOTION Advance Approved Business -Permit Orange County Council of Camp Fire On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, Budget Adjustment No. 89-55 for $30,000.00, appropriation for the initial improvement at Fairview Park for the model train facility, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, a Conference Advance for $1,505.00, for a police officer to attend the Helicopter Associa- tion International Conference in New Orleans, January 10-15, 1989, was approved by the following roll call. vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow None None Notice of Intention to Appeal or Solicit for Charitable Purpose was received from Orange County Council of Camp Fire, Incorporated, 513 East"First Street, Suite "A",. Tustin, by door-to-door solicitation and booth sales, MOTION January 13 to February 28, 1989. On motion by Council Permit Approved Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, the permit was approved with application of Municipal Code Section 9-234(j). PUBLIC HEARING The Deputy City Clerk announced that this was the time Appeal of PA -88-177 and place set for the public hearing to consider an Miltenburg appeal of. the Planning Commission's denial of Planning Action PA -88-177 from Edward W. Miltenburg, 2085 Placentia Avenue, Costa Mesa, for a sign variance to allow a ground sign in an MG zone for a lot with less than 200 feet of street frontage, located at the above address. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications were received. The Deputy City Manager/Development Services presented background information contained in staff's report dated December 27, 1988. Staff is advocating that an attrac- tively designed complex wall sign would allow tenants ;identification while promoting site visibility. iEdward Miltenburg stated that when building permits were obtained for the structure there was no mention that there would be a problem with the proposed sign. He felt that a wall sign would not afford visibility from the Victoria Street approach and added that the lack of a sign has hurt business within the complex. He felt the sign ordinance descriminates, requested.approval of a variance for this property, and cited examples of other properties along the street for which sign var- `iances.have been granted. He .then described the location which they intended for a ground sign. At Council's request, Mr. Miltenburg named the types of businesses located within the complex. Sid Soffer, 900 Arbor Street, Costa Mesa, felt the term "sign variance" should be changed so that it would not .fall under the Government Code. ,Cornell Iliescu, proprietor of Reliable Motors, 2085 Placentia Avenue, Unit 3, stated that the lack of a sign has resulted in loss of business and requested that this variance be granted. Vice Mayor Hornbuckle asked -if a ground sign could be placed on the property near the curb which would contain the property's numeral address only. The Deputy City Manager/Development Services responded the Code specifies ;that unless a property has 200 -feet of frontage and one -acre, it would not qualify for free-standing sign. Jeff Kymla, 309 Wake Forest Road, Costa Mesa, stated that many of the signs along Placentia Avenue are illegal. He felt that the proposed ground sign would not pose a problem just as neighboring signs have not, and concurred with the comment that a wall sign would not be visible when approaching from Victoria Street. Council Member Amburgey asked Jeff Kymla if there was an address sign on the building and Mr. Kymla responded ,that there were two signs, one on the front and the other on the side of .the building. There being no other speakers, the Mayor closed the 'public hearing. MOTION ;A motion was made by Council Member Amburgey, seconded PA -88-177 'by Council Member Glasgow, to uphold the Planning Denied Commission's denial of Planning Action PA -88-177. Council Member'Amburgey felt that the proposed sign would do nothing to identifya particular business, and the existing numerical address signs on the front and side of .the building were very predominant. Council Member Genis agreed -'with the continents made by Council Member.Amburgey and added that in accordance with State Law, unusual circumstances applying to the property would be required -for approval of a variance. She commented that the property for which a sign variance had been approved was much closer'to meeting the required width of'--200-feet and was approximately twice as wide as this lot. . The motion carried 5-0. PUBLIC HEARING The Deputy City Clerk announced.that this was the time Resolution of and place set for a public hearing to consider a Resolu- Necessity to tion of .Necessity -:to Condemn the Salinas/Barrera Condemn the single-family residence at 930 Victoria Street desig- Salinas/Barrera nated Parcel 20, for the Victoria Street Widening Property Project between Harbor Boulevard and Canyon Drive. The Affidavit of Publication is on file in the Clerk's Victoria Street office. A letter has been received from one of the Widening property owners, Rodolfo Salinas, advising that he would be present.to speak on. the condemnation. The Assistant to the City Manager reported that the proposed resolution is predicated on the precise align- ment for -the Victoria. Street Widening Project. An acquisiton of .the property at 930 Victoria Street is required but, to date, the City has not been able to reach an agreement with the -co-owners of the parcel. Staff.is recommending adoption of the resolution and will continue to work in good faith to reach an agreement with the co-owners. Rodolfo Salinas, stated that since the appraisal was made when the occupants were not home, the appraiser did not have an -opportunity- to see improvements which have been made and consequently they are being offered an unfair sum.. Also,.repairs.,could have been made prior to the appraiser's.visit which.would have resulted in an increased valuation. - Mr. Salinas expressed a desire to renegotiate with another City -appointed acquisition consultant, as he felt that the present consultant was not demonstrating fairness, ANNOUNCEMENT Mayor Buffa announced that if there were people in the audience concerning the Harbor/Maple Storm Drain Project, Harbor/Maple this item is not on the agenda this evening but will be Storm Drain discussed at the next study session on January 9, 1989, Project at 4:00 p.m. in.the fifth floor conference room of City Hall. Dan Musselman, Acquisition Consultant, outlined the acquisition process-and.reported on what has transpired regarding negotiations relative to the Victoria Street Widening Project., In response -to questions posed by Council Members Glasgow and Amburgey, Mr.=Musselman stated that the 1,100 square -foot additions were made legally and that they were considered in the appraisal. In conclusion, Rodolfo Salinas stated that they felt the property's value was higher than what was being offered, and that comparable homes in.the area are selling for much more. Council Member Amburgey asked Mr. Salinas if he was ;informed by staff that he had a right to acquire his own appraiser and -that if the resolution is approved, he ;could obtain his own appraisal and continue to negotiate with the City. Mr. Salinas responded affirmately to both questions and expressed his desire to continue nego- tiations with the City. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Amburgey, seconded Resolution 89-3 by Vice Mayor Hornbuckle, to adopt Resolution 89-3, Adopted being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN.REAL PROPERTY, DESIGNATED THE SALINAS/BARRERA PROPERTY, FOR PUBLIC USE AND AUTHORIZING AND DIRECTING CONDEMNATION. Council -Member Genis.gave several reasons for opposing the motion. Vice Mayor Hornbuckle and Council Member Glasgow sup- ported the motion and requested that staff report back on the.progress of negotiations with the property owners. Also, that the consultant report on how the addition of 1,100 square -feet was calculated in the appraisal. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Glasgow NOES: COUNCIL MEMBERS: Genis ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Deputy City Clerk announced that this was the time Fire Protection and place set for the public hearing to consider the System Impact Fee City's Fire Protection System Impact Fee: Impact Fee Study, which documents the impact of cer- tain new development on the City's fire protection system,.identifies_station and equipment needs to meet additional demands, and identifies an appropriate impact fee to.levy against new developments creating the impacts. Ordinance amending Title 13 of the Costa Mesa Munici- pal.Code to establish procedures for requiring fire protection system impact fees. Environmental Deter- mination: Exempt. Resolution establishing a fire protection system development impact fee for cetain developments within the City. Environmental Determination: Exempt. The Affidavit of Publication is on file in the Clerk's office. A letter has been received from C. J. Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, expressing concerns regarding the ordinance and the resolution. The Deputy City Manager/Development Services outlined background information contained in staff's memorandum dated December 28, 1988. The intent of this study is to document the impact of new,development in North Costa Mesa on the City's fire protection system and to develop an appropriate impact fee to be utilized for financing the required new stations and equipment. All of the five projects affected have certified Environmental - 7 - 1 f Impact Reports (EIR'.$) that document their respective impact on the fire protection system and include, as mitigation, the developer's pro rata participation in the provision of, adequate fire stations and equipment. Staff.recommended giving first reading to the ordinance and holding,adoption of the resolution which implements the fee -until -such time.as the ordinance is given second reading. At a later date, Measure "G" requirements could be discussed. This item_is pre -measure "G" and corresponds to Conditions of Approval. The Deputy City Manager,responded to questions posed by Council Member Genis regarding the number of dwelling units..assumed;in the fee study for Sakioka Drive. The Fire Chief responded to questions posed by Council Member Genis regarding response times and location of the fire station.. �He.reported that both in actual travel and through a Rand curve analysis, there was almost no difference'in response time between Harbor Boulevard and Gisler Avenue and Harbor_Boulevard and South Coast Drive. One of the major reasons :for locating a station north of the Interstate.405 (1-405_) Freeway is that there is an active earthquake situation in the City and more peoplecould be_protQgted with two fire stations north of the I-405 and four south of it. Sid Soffer, 900 Arbor Street, Costa Mesa, felt that the fees should come from the General Fund and opposed charging the developers for these improvements. Vice -Mayor Hornbuckle asked the Deputy City Manager if the recommended change -to the resolution contained in a letter from C. J. Segerstrom and Sons requesting that land be included as well.as buildings would be considered before the resolution returns to Council. The Deputy responded that staff would-be. agreeable to incorporating these changes should Council desire. The Deputy City Manager answered questions from Vice Mayor Hornbuckle concerning the.method used in deter- mining the fees. There being no other public speakers, the Mayor closed the public hearing. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Impact Fee Study Council Member Amburgey, to approve the Impact Fee Study Approved; and to give first reading to.Ordinance 89-1, being AN Ordinance 89-1 ORDINANCE OF THE CITY COUNCIL OF THE CTIY OF COSTA MESA, Given First CALIFORNIA, AMENDING TITLE 13 of the MUNICIPAL CODE TO Reading ESTABLISH PROCEDURES FOR REQUIRING FIRE PROTECTION SYSTEM IMPACT FEES. The motion carried by the following roll call vote: AYES:. COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS.: :None ABSENT: COUNCIL MEMBERS: None Council Member Genis stated„she thought the motion was to give first reading to the ordinance only. She sup- ported the ordinance but expressed concerns with the • Impact Fee Study;,_ namely., the amount to be levied, and the interaction of traffic not adequately addressed in terms of response time... A motion was made.by Council Member Genis to consider the Impact Fee Study separately. The motion died for lack of a second. OZ00, MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Resolution Member Glasgow, and carried 5-0, action on the resolution Held Over was held over until second reading and adoption of the ordinance on January 16, 1989. PUBLIC HEARING The Deputy City Clerk announced that this was the time Development and place set for the public hearing to consider an Standards/PDR-LD ordinance amending Title 13 of the Costa Mesa Municipal and PDR -MD Zones 'Code regarding small lot, single-family developments. 'Environmental Determination: Exempt. The Affidavit of ,Publication is on file in the Clerk's office. No com- munictions were received. ,The Deputy City Manager/Development Services summarized staff's" -memorandum dated December 27, 1988. The proposed ordinance would limit PDR -LD property to single-family detached development. The allowable number of dwelling .units per acre would still be established by the General Plan designation of the site. These would be for small- lot.developments on private streets. Alice'Angus, Senior Planner, responded to questions from Vice Mayor Hornbuckle regarding setbacks and explained that the planned development ordinance requires a 25 -foot landscaped buffer along all public right-of-ways. The proposed 5 -foot setback would only apply to private 'streets. 'The Deputy City Manager responded to questions posed by Council Member Genis, and stated that setbacks on a !private street must be a maximum of 9 feet from the curb 'face including sidewalks. Council Member Genis re- quested that the language.be changed to clarify this in Item 4.(c) on Page 5 of the proposed ordinance. 'The Deputy answered questions from by Council Member Genis regarding clustered developments referenced in the ordinance. ANNOUNCEMENT Former Mayor IMayor Buffa recognized former Mayor Donn Hall who was in Recognized 'the audience. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke against high density housing and in favor of larger single- family hones. There being no other speakers, the Mayor closed the ;public hearing. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Ordinance 89-2 Council Member Amburgey, to give first reading to Ordi- Given First nance 89-2, being AN ORDINANCE OF THE CITY COUNCIL OF Reading THE CITY OF COSTA MESA, CALIFORNIA, REGARDING DEVELOP- MENT STANDARDS FOR,THE PDR -LD AND PDR -MD ZONES. 'Council Member Genis asked if the maker of the motion would consider an amendment to Page 14, Item (c) under Section 13-252.15, after the words..."between 9' and 18.9 "' add ..."from face of curb"... Also, Page 3, Item 1. (a) under Section 13-251, at the end of the last word Gadd ..."and attached residential developments." FIRST AMENDED Vice Mayor Hornbuckle amended her motion to include the MOTION addition to Section 13-252.15; however, after an explanation from the Deputy City Manager on the second suggestion, she decided not to include it in her motion. Council -Member Amburgey withdrew his second since he did ,not agree with the amendment. The motion was then seconded by Mayor Buffa. 301 RECESS Mayor Buffa declared recess at 8:20 p.m., and the meet- ing reconvened at 8:30 p.m. OLD BUSINESS The Deputy City Clerk presented a six-month status re - Westside -Clean-up port for the Westside Pro -active Code Enforcement Program. The Deputy City Manager/Development Services reported on actions taken since Council's adoption of Ordinance 88-3 which.regulates.the keeping of trash and debris on pri- vate property. At the time the ordinance was adopted, Councilauthorized staff to commence with an experimental pro -active code enforcement campaign on the Westside for a period of six months which focused on three basic areas of code violations, those most visible from the public street or adjacent properties. In staff's opin- ion, the program has been quite successful.but there have been several reoccurring incidents. The Deputy stated that pro -active code enforcement. programs require constant monitoring, and recommended that staff be directed to outline the requirements necessary to successfully operate them should Council desire to institute other such.programs. At the -request of Vice Mayor Hornbuckle, the Deputy reported on what.has been accomplished regarding in- forming citizens of the program. He also reported on the methods utilized for distribution of Community Improvement -Brochures. Sid Soffer, 900 Arbor.Street, Costa Mesa, was of the opinion that many of the -people on the westside are . opposed to the program. Council Member Amburgey stated he was extremely pleased with the work staff has accomplished through this program.: MOTION A motion was made by Council _Member Amburgey, seconded Directed Staff to by Council Member Glasgow, and carried 5-0, directing Provide Costs for staff to prepare their recommendations for staffing Expanded Program requirements, related costs and recommended funding for an expanded progran,.as well as the cost for mailing Community Improvement Brochures Citywide. Cable Television The Deputy City Clerk presented from the meeting of Grant Funds December 19, 1988, Cable, Television Committee recom- mendations concerning cable television grant funds. Discussion.followed relative to setbacks as they relate to this. ordinance. Vice Mayor Hornbuckle clarified her intent regarding the amendment. A -substitute motion•was.made.by Council Member Amburgey .to continue this item to the meeting of January 16, 1989, to afford staff the opportunity to clarify concerns expressed. The motion died,for lack of a second. SECOND AMENDED Vice Mayor Hornbuckle aga-in;amended her motion, seconded MOTION by Mayor Buffa, by rescinding reference to Section Recinded.First 13.252.15, Item (c), and directing staff to clarify Amended Motion Council's intent under that section. The second amended motion carried by -the following roll call vote: AYES: ..COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, NOES:, _COUNCIL MEMBERS,: Genis, Glasgow .ABSENT: OOUNCIL MEMBERS: None RECESS Mayor Buffa declared recess at 8:20 p.m., and the meet- ing reconvened at 8:30 p.m. OLD BUSINESS The Deputy City Clerk presented a six-month status re - Westside -Clean-up port for the Westside Pro -active Code Enforcement Program. The Deputy City Manager/Development Services reported on actions taken since Council's adoption of Ordinance 88-3 which.regulates.the keeping of trash and debris on pri- vate property. At the time the ordinance was adopted, Councilauthorized staff to commence with an experimental pro -active code enforcement campaign on the Westside for a period of six months which focused on three basic areas of code violations, those most visible from the public street or adjacent properties. In staff's opin- ion, the program has been quite successful.but there have been several reoccurring incidents. The Deputy stated that pro -active code enforcement. programs require constant monitoring, and recommended that staff be directed to outline the requirements necessary to successfully operate them should Council desire to institute other such.programs. At the -request of Vice Mayor Hornbuckle, the Deputy reported on what.has been accomplished regarding in- forming citizens of the program. He also reported on the methods utilized for distribution of Community Improvement -Brochures. Sid Soffer, 900 Arbor.Street, Costa Mesa, was of the opinion that many of the -people on the westside are . opposed to the program. Council Member Amburgey stated he was extremely pleased with the work staff has accomplished through this program.: MOTION A motion was made by Council _Member Amburgey, seconded Directed Staff to by Council Member Glasgow, and carried 5-0, directing Provide Costs for staff to prepare their recommendations for staffing Expanded Program requirements, related costs and recommended funding for an expanded progran,.as well as the cost for mailing Community Improvement Brochures Citywide. Cable Television The Deputy City Clerk presented from the meeting of Grant Funds December 19, 1988, Cable, Television Committee recom- mendations concerning cable television grant funds. 3012 The City Manager referenced the Cable Television Committee recommendations for public access grants contained in their memorandum dated December 13, 1988. Council Member Amburgey stated that in some instances applicants were not informed that the amount recommended for approval by the Cable Television Committee differed from that which they had requested. He recommended that the Cable Television Committee notify the applicants if a change occurs . Vice Mayor Hornbuckle felt that receiving copies of entire grant applications was not necessary, but that it would be helpful if the report from the committee would contain both the recommended funding, along with the amount requested, and the reason for any variance between the two. In addition, some of the project titles do not indicate what actually will appear in the production. In these instances, it would be helpful if a brief ex- planation,of the proposed programming were provided. Council Member Amburgey stated that he needs more information on Item No. 12 before he could consider supporting it. MOTION A motion was made by Council Member Amburgey, seconded Funding Approved by Vice Mayor Hornbuckle, to approve all items recom- mended by the Cable Television Committee except to deny Item No. 12 until further information is received. Mayor Buffa responded to concerns expressed by Council Member C-enis regarding funding for advertising and promotion as well as costs associated with programming logos. Leslie Daigle, Post Office Box 11903, Costa Mesa, Pro - eject Director for -"Where is Costa Mesa Going?" outlined ,the types of programming they are considering. Council Member Canis opposed the motion and requested 'that in -the future each item be presented and voted on separately. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS:. Buffa, Hornbuckle, Amburgey, Glasgow NOES: COUNCIL MEMBERS: Cenis ABSENT: COUNCIL MEMBERS: None NEW BUSINESS The Deputy City Clerk presented an agreement with the Newport -Mesa Unified School District, Post Office Box Agreement for 1368, Newport Beach, to lease a portion of the farm area Plant Storage/ at Costa Mesa High School at a cost of $250.00 per month, Newport Unified for temporary storage of plants in connection with a School District request from Paul Brecht. Storage of Plants ,The City Manager presented background information lead - at Costa Mesa ing to this agreement. The plants are currently stored High School on the Newport Boulevard median and require relocation due to the extension of the Costa Mesa Freeway. He ;reported that staff is currently investigating possi- bilities for a permanent location to display these plants. In response to.a question from Vice Mayor Hornbuckle, the City Manager reported that the term of this agree- ment is one year. ,Paul Brecht, 4201 Williwa Drive, Irvine, stated that the storage of his plants at Costa Mesa High School will be a temporary arrangement until a permanent location is found. 6'y Mayor Buffa asked that Mr. Brecht give consideration to chairing an ad hoc citizens committee to gain input regarding the concept of a botanical garden, suitable locations, and possible funding sources which could then be presented to Council for consideration. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in favor of a permanent botanical garden display. MOTION On motion by Council Member Glasgow, seconded by Council Agreement Member Amburgey, the agreement was approved and the Approved Mayor was authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Cienis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Measure "T The Deputy City Clerk presented projects deemed exempt Exempt Projects from provisions of Measure"G as indicated on a listing attached to the Agenda. The Deputy City Manager/Development Services outlined staff's memorandum dated December 29, 1988. Staff recommended approval of the exempt items presented with the exception of the two pending items which do not qualify, and for which.additional information has been: requested. The Deputy City Manager addressed concerns regarding the present procedure of processing exempt projects through the Planning Commission and City Council on alternate Mondays. The concern lies with the appeal procedure varying, depending upon which body takes action. Consid- erable discussion ensued on the appeal rehearing process. Council Member Amburgey-felt uncomfortable with approv- .ing exemptions without more in-depth information. Council Member Genis favored a blanket exemption as she previously proposed. Vice Mayor Hornbuckle asked if a fee was being charged for processing Measure "G" exemptions. The Deputy responded that no fees are being charged, and there is no resolution enabling the City to do so. Mayor Buffa felt more information was required for the Planning Commission or Council to make findings as required by the measure. Sid Soffer, 900 Arbor Street, Costa Mesa, felt that the manner in which these items were processed before passage of Measure "G" was simpler. Jay Humphrey, 1620 Sandalwood Street, Costa Mesa, felt that staff should determine the manner in which these items are processed as long as they are within the guide- lines set by Measure "G". MOTION Exemptions Referred A motion was made by Council Member Glasgow, seconded by Back to the: Planning Council Member Amburgey, to refer the Measure "G" exemp- Commisssion tions back to the Planning Commission for disposition. Council Member Canis felt that the measure is clear in indicating that the.exempt.projects can be addressed at either the Planning Commission -or Council levels. The Deputy City Manager responded to questions posed by Vice Mayor Hornbuckle regarding the affect this motion would have on the workloads of the Planning Commission and staff, and how it would affect the applicants. 3u%ft Rates of Pay Executive Classifications MOTION Resolution 89-4 Adopted Council Member Genis asked if the City Attorney could be directed to consider the formation of blanket findings for exempt projects. 'A motion was made by Council Member Genis to direct the ;City Attorney to examine the possibility of a blanket exemption for some of the smaller projects. The motion died for lack of a second. Vice Mayor Hornbuckle stated that the City Attorney has already prepared a memorandum on this subject which reported that in his opinion this could not be done. The City Attorney responded that he covered this topic 'in an earlier memorandum and that at a previous Council meeting, one of the Council Members proposed an interpre- tation to the exemption provision that the findings referred to in Measure "G' are those which would simply confirm or reject the six listed exemptions as being permissible. He stated that in the memorandum, he analyzed a different interpretation of that exemption provision which indicated that under this interpretation, the reason for the findings was to require each project to be brought before either the Planning Commission or Council in order to protect against the granting of exemptions for a project which was not entitled to them. Vice Mayor Hornbuckle said she agreed with the City Attorney and felt that the reason it was put in the measure was to protect the community frcn the possi- bility of giving indiscriminate exemptions. Vice Mayor'Hornbuckle said -she will not be supporting the motion in that now that Measure "G" is in effect, she felt that it should be implemented as quickly and efficiently as possible. An unidentified gentlemen asked when these items would be presented to the Planning Commission should the motion carry. Mayor Buffa responded that they will be on next Monday'.s Planning Commission Agenda. Jay Humphrey and Sid Soffer presented their opinions relating to the appeal process as it relates to exempt projects. The motion carried 3-2, Vice Mayor Hornbuckle and Council Member Genis voting no. Item No. 7 on the Consent Calendar was presented: Resolution establishing rates of pay for executive job classifications. At Council Member Amburgey's request, the City Manager reported that the salary classifications and ranges are made in accordance with eight other cities in Orange County which are relatively close in size and budget to the City of Costa Mesa. The proposed resolution limits an increase of approximately 10 percent for any executive classification. On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, Resolution 89-4, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING RATES OF PAY FOR EXECUTIVE JOB CLASSIFICA- TIONS, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Improvement of Item No. 8 on the Consent Calendar was presented: Reso- Sunflower Avenue lution requesting the County of Orange to include the improvement of Sunflower Avenue, between Fairview Road .and Harbor Boulevard, within the 1989-90 Arterial High- way Financing Program (AHFP). Council Member Genis stated that a few months ago an application for Arterial Highway Financing was made for improvements on Baker Street. In response to a question posed by Council Member Genis, the City Manager stated that the funding utilized for the Baker Street resurfacing was derived from the Orange County Unified Transportation.Trust (OCUTT) program which is being combined with the Orange County Sanita- tion District. MOTION Resolution 89-5 Adopted Council Member Genis asked whether this project was to be covered by the $688.00 trip fee, and if so, why was the City applying for County funds when other streets in the City are also in dire need of -improvement. The Assistant to the City Manager -stated that both this street and the previous streets appear both on the County and City plans of master highways. He stated that Resolution 88 -10, -the Transportation Management Plan and the Trip Fee Ordinance mandate that the City seek outside funding wherever possible, particularly in the north end, in addition to the trip fees already being charged. Council Member Genis asked what criteria was used for the AHFP funds in connection with this project. The Assistant to the City Manager stated that the City of Santa Ana's portion of the street has been improved and it is our portion of the street which has not yet been improved.. Resolution 88-10 does not limit the City to seeking County funding but directs that funding be sought from alternative sources and that the $668.00 trip end fee established in the resolution is viewed as a maximum fee based upon funds being received from other sources. Mayor Buffa stated he is pleased that these much needed repairs are coming forward for approval. The City Manager cited several.other areas throughout the City where AHFP financing is being utilized and said that it has been approximately five to eight years since these funds have been requested for use in North Costa Mesa. The City Manager responded to -questions regarding how the County's AHFP funds are distributed and how any future drainage improvements would be funded. On motion by Council Member Amburgey, seconded by Vice Member Hornbuckle, Resolution 89-5, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, REQUESTING THE COUNTY OF ORANGE TO INCLUDE THE IMPROVEMENT OF SUNFLOWER AVENUE WITHIN THE 1989-90 ARTERIAL HIGHWAY FINANCING PROGRAM, was adopted.by,the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Glasgow NOES: COUNCIL MEMBERS: Genis ABSENT: COUNCIL MEMBERS: None 305 - CITY ATTORNEY The City Attorney summarized his memorandum dated REPORT December 27,1988, concerning election vote count pro- cedures. TAben the City election is consolidated with Election Vote the elections handled by the County, it is the County Count Procedures Registrar of Voters who canvasses the vote. This au- thority is granted to the County by the resolution which consolidates the election. The State Law also mandates that when elections have been consolidated, the time within which to request a recount of the votes begins to run when the County Registrar signs a certification of the election results, then there are five days from that date within which a recount can be requested. The State Law also provides for an exception to this procedure but only applies when the City Council itself counts votes. If Council counts the votes, then there are five days from the time Council.declares the results of the elec- tion to request a recount. The Country Registrar was applying the provision in Election Code Section 17160 when he _rejected the request received to recount the votes on Measure CITY MANAGER The City Manager announced that a video tape of this REPOS meeting will be furnished to the Cable Television Com- mittee in order for the committee to better understand Cable Television Council'.s desires regarding presentation of future Cable Grant Requests Television Grant requests. Measure "G" The City Manager referred to his memorandum dated December 30, 1988, regarding Measure "G" exemption processing and requested Council input. Study Sessions The City Manager reported that there is an enormous backlog of items for future study sessions, many of which require fiscal consideration. He requested that more sessions be.scheduled.so that these items can be accommodated. ORAL, Michael W. Szkaradek, 1555 Mesa Verde Drive East, Costa policy whereby the City Council candidate names would Elections be rotated on ballots as permitted under Election Code Section 10217.7.. He said statistics show that there is 'a definite advantage to being listed in certain positions on the ballot. Mr. Szkaradek also expressed disappointment that he had brought to the attention of several people in various ,levels of Government, the fact that a certain Council candidate had questionable residence prior to the dead- line for removal of candidates from the ballot. This person did, in fact, withdraw from the Council race but his name still appeared on the ballot and he received over 2,000 votes. Mr. Szkaradek, Council, and staff then discussed City authority as it relates to persons seeking Council office. Signing Ed Miltenburg, 2085 Placentia Avenue, Costa Mesa, 'discussed signing. Clean-up Frank Scheafer, 2131 Wallace Avenue, Costa Mesa, stated Program his opinions of the City's westside clean-up program. COMMUNICATIONS Mesa, requested Council's consideration of adopting a Ingardia Brothers Mr. Scheafer expressed concerns about the noise generated Produce into the neighborhood from the Ingardia Brothers Produce Market. He felt the responsibility of rectifying this problem lies with the City, and requested that something be done. Mayor Buffa requested that staff present a detailed report to Council on this matter. 1 Commercial/Resi- Sid Soffer, 900 Arbor Street, Costa Mesa, stated that dential Property commerical -business should not be located back-to-back with residential neighborhoods. Oral - - _ Mr. Soffer was of the opinion that items included in Communications Council Agenda's can also be discussed under the Oral Communications section as the Agenda does not state otherwise. 19th Street Mr. Soffer felt the problems.with the 19th Street road Repairs repairs should be a priority item. COUNCILMANIC Council Member Genis suggested that the subject of COMMENTS committees and cammittee member tenures be discussed in Committees the near future. Processing Fees Council Member Genis recommended that certain fees charged by the City be re-examined and new guidelines established. The City Manager presented a' -report on the fee study program. This: item will -be, on' -the next study session agenda at which time a complete analysis will be pro- vided for all' user fees. Park Fees Council Member Genis stated that=park fees should -be brought into conformance with the Code which requires that these fees be assessed on the current fair market value. Naming of Council Member Amburgey recommended that the police Police Facility facility be named the Arthur R. McKenzie Police Facility in memory and in recognition of the former Police Chief and City Manager's many contributions to the community. The City Manager stated that there is a Council policy regarding naming facilities and this item will be on the next Council Agenda. Measure "G" Council Member Amburgey reported that he has contacted outside legal counsel to obtain an opinion of the City Attorney's interpretation of.Measure "G". He stated if his counsel concurs that the City Attorney's opinion is accurate, he will then approach legislators regarding changing the law as presently written. Lot Combination Vice Mayor Hornbuckle stated that she will be requesting Requirements/ staff's input regarding policies on lot combination bonuses. - Staffing Vice Mayor Hornbuckle expressed concern that future Requirements staffing requirements might exceed that which the Gann limitation allows. The possibility of additional staffing requirements has been mentioned during discussions on several items tonight. Armenian Mayor Buffa announced that he has been asked to make an Earthquake announcement on behalf of community leader Mike Chitjian Relief Efforts who has been active in the Armenian earthquake relief efforts. Mr. Chitjian is in the process of obtaining information as to where citizen efforts can best be directed. Mayor Buffa said this information will be displayed on the screen for the television audience dur- ing Council breaks at the meeting on January 16, 1989. In the meantime, anyone wishing information before that time can address their requests. to his attention at City Hall, Post Offfice Box 1200, Costa Mesa, 92628-1200, and he will forward them to Mr. Chitjian. ADJOURNMENT. The Mayor.declared the meeting adjourned at 11:00 p.m. Mayor of the CityACosta Mesa C ty Clerk of the City of Costa Me 1