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HomeMy WebLinkAbout03/06/1989 - City Council360. REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA MARCH 6, 1989 The City Council of the City of Costa Mesa, California, met in regular session March 6, 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 by Junior Girl Scout Troop 326 and Brownie Girl Scout Troop 782, and Invocation by Ms. Wendy Manker, First Church of Christ Scientist. ROLL CALL Council Members Present: Mayor Peter Buffa Vice Mayor Mary Hornbuckle Council Member Ory Amburgey Council Member Sandra Genis Council Member Edward Glasgow Council Members Absent: None Officials Present: City Manager Allan Roeder City Attorney Thomas Wood Deputy City Manager/Develop- ment Services Donald Lamm Assistants to the City Manager Rick Pickering and Ann Gyben Deputy City Clerk Mary Elliott MINUTES Council Member Genis requested a change in the seventh February 21, 1989 paragraph, Page 11, of the February 21, 1989, minutes in order to clarify the City Manager's response. The para- graph was reworded to read: "In response to a question posed by Council Member Genis, the City Manager reported that all truck company responses are not recorded as paramedic responses". MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Minutes Approved Member Amburgey, and carried 5-0, the minutes of the As Amended regular meeting of February 21, 1989, were approved as amended. 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. PROCLAMATION Vice Mayor Hornbuckle read a proclamation declaring Girl Scout Week the week of March 12-18, 1989, as Girl Scout Week, and presented it to a representative from the Girl Scouts. CONSENT CALENDAR The following items were removed from the Consent Calen- dar: Item 4, Request to set a public hearing for an ordinance regarding certain regulations in the Rl zone; Item 5, Request to set a public hearing for a Certifi- cate of Public Convenience and Necessity for West Coast Cabs; Item 11, Agreement with Traffic Counts, Incorpor- ated, to collect traffic volumes at 213 locations; Item 13, Request to release half of the rentention funds for the 1988-89 Measure "C" Street Maintenance project; and Item 16, Award of contract for Bid_Item No. 841, Lease/Purchase Rates for Fire Apparatus. 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: J 361 . WRITTEN COMMUNICATIONS MOTION/Request to Amend Master Plan of Highways Referred to Transportation Commission Reading Folder Claims Alcoholic Beverage License AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None A communication was received from R. Sherrick, 3146 Country Club Drive, Costa Mesa, requesting the removal of all residential streets in the Mesa Verde area north of Adams Avenue from the Master Plan of Highways. On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, this item was referred to the Transportation Commission. 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 received by the City Clerk: Dorothy Adams; Timothy Godman; and Jeffrey Peter Stolrow. Alcoholic Beverage License application for which parking has been approved by the Planning staff: Kimberly and Tae Sung Moon, doing business at 815 West 19th Street. Pornographic Resolution from the City of Westminster supporting Material Assemblyman Gil Ferguson's bill to ban the sale of pornographic material from any public place from which minors are not excluded. Control of Ordinance from the City of Compton regarding control Semi -Automatic or possession of military style semi-automatic fire - Weapons arms. Martin Luther Communication from the Orange County Human Relations King Holiday Commission urging all Orange County cities to consider making Martin Luther King Jr.'s birthday a holiday for its employees. Leaving Animals Communication from Ken and Pat Hotz (no address given), Unattended in asking that the City adopt an ordinance which would Vehicles prohibit leaving animals unattended in a vehicle hav- ing an extremely high temperature. BUSINESS PERMIT Notice of Intention to Appeal or Solicit for Charitable Purpose was received from Community Thrift Services, Community Thrift Incorporated, 479 Pomona Mall East, Pomona, by door -to - Services door solicitation of used merchandise from March 7, 1989, to February 28, 1990. On motion by Council Member MOTION Amburgey, seconded by Vice Mayor Hornbuckle, and carried Permit Approved 5-0, the permit was approved with application of Munici- pal Code Section 9-229. SET FOR PUBLIC On motion by Council Member Amburgey, seconded by Vice HEARING Mayor Hornbuckle, Resolution 89-22, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- 1hbed Abatement FORNIA, DETERMINING AND DECLARING THAT RUBBISH AND WEEDS Program ARE A PUBLIC NUISANCE; DIRECTING THE FIRE CHIEF OR HIS DESIGNEE TO REMOVE SAID RUBBISH AND DESTROY SAID WEEDS MOTION AS REQUIRED BY LAW; FIXING THE TIME FOR HEARING ALL Adopted OBJECTIONS OR PROTESTS; AND DIRECTING THE ABATEMENT OF Resolution 89-22 SAID RUBBISH AND WEEDS, was adopted, setting the public Setting a Public hearing on April 3, 1989, at 6:30 p.m., in the Council Hearing April 3, Chambers of City Hall. The motion carried by the 1989 following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None WARRANTS On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, Warrant Resolutions 1422 and 1423, MOTION including Payroll 8904, were approved by the following Warrants 1422 and roll call vote: 1423 Approved AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None REJECTED CLAIM On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claim from Edison Company Southern California Edison Company was rejected. ADMINISTRATIVE Staff recommended approval of Change Order "C" for ACTIONS $25,600.00 to the contract with Norris-Repke, Incorpor- ated, 2882 Walnut Avenue, Suite A, Tustin, to design Change Order "C" the street maintenance project for Bristol Street, Norris-Repke from Sunflower Avenue to Baker Street; Bear Street, from Baker Street to the I-405 Freeway; and Sunflower Design of Avenue, from Bear Street to Bristol Street. The change Bristol Street, order is required to widen intersections at Bear Street/ Bear Street, and Paularino Avenue, Sunflower Avenue/Bear Street, and Sunflower Avenue Sunflower Avenue/Bristol Street. On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, the MOTION change order was approved by the following roll call Change Order vote: Approved AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Request to Release Staff requested authorization to release half of the Half of Retention retention funds to Vernon Paving Company, 2544 Woodland Funds to Vernon Drive, Anaheim, for the 1988-89 Street Maintenance Paving for 1988-89 project. The major portion of the work has been com- Street Maintenance pleted and no Stop Notices have been received by the City. On motion by Council Member Amburgey, seconded by MOTION Vice Mayor Hornbuckle, the request was approved by the Request Approved following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Conference Advances A motion was made by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, to approve the following Con - MOTION ference Advances: Advances Approved Conference Advances for $544.00 and $464.00, for two police officers to attend the Assertive Supervision Conference in Carmel, March 14-16, 1989. Conference Advance for $599.00, for a police officer to attend the Post Crime Scene Videotaping Conference in San Leandro, March 15-17, 1989. Conference Advance for $507.60 for a police officer to attend the Child Abuse Seminar in San Diego, April 10-14, 1989. Conference Advance for $440.00, for a police officer to attend the PRC/Tiburon.Users Group Conference in Scottsdale, Arizona, April 17-21, 1989. Conference Advance for $479.00, for a police officer to attend the Outlaw Motorcyle Gang Update Conference in Fresno, March 8-10, 1989. i 1 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 AHFP Funds for On motion by Council Member Amburgey, seconded by Vide Victoria Street Mayor Hornbuckle, Resolution 89-23, being A RESOLUTION Improvements OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITH - MOTION IN THE 1989-90 ARTERIAL HIGHWAY FINANCING PROGRAM THE Resolution 89-23 IMPROVEMENT OF VICTORIA STREET, was adopted by the Adopted following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Canis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Deputy Clerk announced that this was the time and Sign Ordinance place set for the public hearing to consider an ordi- Amendments nance amending Title 5 of the Costa Mesa Municipal Code to modify standards for ground signs, and to clarify other sections of Title 5 relating to signs. Environ- mental Determination: Exempt. The Affidavit of Publi- cation is on file in the Clerk's office. Sections of the Business and Professions Code were received from Mr. and Mrs. John Feeney, 1154 Dorset Lane, Costa Mesa. The Deputy City Manager/Development Services summarized staff's memorandum dated February 28, 1989, and referred to the attached draft ordinance which contains the recom- mended changes. John Feeney, 1154 Dorset Lane, Costa Mesa, spoke in support of the proposed Sign Code amendments. Sid Soffer, 900 Arbor Street, Costa Mesa, suggested changing the Sign Ordinance so that variances would not be required. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Ordinance 89-6 Member Glasgow, Ordinance 89-6, being AN ORDINANCE OF Given First THE CITY COUNCIL OF THE CITY OF.COSTA MESA, CALIFORNIA, Reading CONCERNING AMENDMENTS TO THE SIGN ORDINANCE TO INCOR- PORATE A SLIDING SCALE AND TO CLARIFY OTHER PORTIONS OF THE SIGN CODE, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Senior Citizens At the request of Vice Mayor Hornbuckle, Council agreed Center Housing to early discussion of City Manager Report No. 2, Senior Option Citizens Center Housing Option, rather than at the end of the meeting as shown on the Agenda. The reason for taking this item out of order was to save the Costa Mesa Senior Citizens Corporation the cost of paying its project architect to stay until the end of the meeting. The City Manager referenced his memorandum of March 1, 1989, reporting that several meetings were held by the Board of Directors of the Seniors Corporation, City 364 Management, and the project architect, Dave Foreman. After reviewing several concepts, the Task Force selected a plan ("Master Plan A", included with the memorandum) which consists of a two-story, 20,000 - 'square -foot Senior Center, with 100 surface parking spaces. The remainder of the site would yield approxi- mately 45 to 55 residential units. Michael Nutter, President of the Board of Directors of the Seniors Corporation, stated that the Board adopted a resolution requesting Council to adopt the "Master Plan A" concept. Dave Foreman, WLC Architects, Incorporated, 10470 Foot- hill oothill Boulevard, Rancho Cucamonga, project architect, responded to questions from Council Member Amburgey. He reported that a parking structure was considered, but it was found that such a structure would be diffi- cult to accommodate on such a small parcel. Mr. Foreman I lso reported that constructing senior housing over the Center was not considered because it did not appear to be the best design for the site. Michael Nutter commented that staff requested concepts with the housing separate from the center. He stated that a high rise building could accommodate the concept to which Council Member Amburgey was alluding; however, the Task Force felt a high rise would not be compatible with the neighborhood. Mayor Buffa stated that Mr. Foreman was following the direction of City staff and the Seniors Board of Directors because there was a great deal of opposition to having the housing located above the center. Council Members Hornbuckle and Glasgow indicated their I reference for the concept shown in "Master Plan A", and they both pointed out that Council had directed the Board of Directors and the architect to proceed with developing concepts for the site. MOTION A motion was made by Council Member Glasgow, seconded by Conceptual Vice Mayor Hornbuckle, to conceptually approve "Master Approval Given to Plan A", thereby concurring with development of a Senior "Master Plan A" Center and senior housing on the Mardan site; and staff I as directed to proceed with the following actions: Prepare a Senior Center financing plan and return it to Council for approval. Prepare an agreement between the City and the Costa Mesa Senior Citizen Corporation outlining responsibil- ity for financing, construction, and operation of the center. Prepare a schedule for ultimate development of the site and return it to Council for review. Initiate a zone change/General Plan Amendment and/or Code amendments to facilitate development of the site with both uses as generally proposed. Prepare necessary environmental documentation and Measure "G" compliance reports. Proceed with negotiating the sale or lease of a residual parcel for senior citizen housing. As a point of clarification, Vice Mayor Hornbuckle asked if the motion meant that the Senior Center will be located as shown on the Plan, and Council Member Glasgow responded affirmatively. The motion carried 4-1, Council Member Amburgey voting no. Mayor Buffa directed staff to furnish Council Member Amburgey with copies of the other concepts reviewed by the Task Force per the Council Member's request. OLD BUSINESS The Deputy Clerk presented a report and recommendations from the Rea Center Task Force. Rea Center Task Force Report and A communication was received from Marcia Hefti, Sorop- Recommendations timist International of Newport Harbor, 1718 New Hampshire Drive, Costa Mesa, recommending that Share Our Selves (SOS) be allowed to remain at Rea Center. Letters of complaint concerning the activities at Rea Center were received from the following: Chicago Beef Station, 580 West 19th Street; Fashion Fair Laundry and Dry Cleaning, 570 West 19th Street; Sign Depot, 600 West 19th Street, Domenico's, 562 West 19th Street; Harbor Radiator, 2129 Harbor Boulevard; Nick's Italian Deli, 2300 Harbor Boulevard; and Patricia and Stanley Schuda, 2895 Palau Place, Costa Mesa, owners of rental property on Meyer Place. The Leisure Services Director and Dick Power, Chairman of the Rea Center Task Force, were present to answer any questions. Vice Mayor Hornbuckle (Council representative on the Task Force) summarized her memorandum dated March 6, 1989, mentioning that Merle Hattleberg and members of her Board have agreed to close the Soup Kitchen at Rea Center and relocate to another site with the help of the City in setting up that site. It was the Vice Mayor's opinion that with the closure of the Soup Kitchen, along with landscaping along Meyer Place, relief to the community would be realized. Council Member Amburgey, who served as a Council repre- sentative on the Task Force, summarized his recommenda- tions: create additional S.O.S. facilities in Santa Ana and Huntington Beach; place a limit on the number of clients served by S.O.S. and the Soup Kitchen; restrict clients served by S.O.S. and the Soup Kitchen to Costa Mesa residents only; or relocate S.O.S. and the Soup Kitchen to Balearic Center. Finally, he suggested that if the above solutions are not acceptable, then the affected agencies at Rea Center should prepare an Environmental Impact Report to determine if this use is compatible with the residential area. RECESS The Mayor declared a recess at 8:05 p.m., and the meet- ing reconvened at 8:20 p.m. Scott Mather, 1115 Corona Lane, Costa Mesa, Chairman of the S.O.S. Board of Directors, spoke about the charita- ble work being done by the organization, and asserted that the accusations that property values are decreasing and the crime rate increasing because of S.O.S. are not true. Janice Benson, 1981 Arnold Avenue, Costa Mesa, stated that because of the transients generated by S.O.S., it would be more appropriate for this operation to be located in a nonresidential area. Dinger, 2145 Iris Place, Costa Mesa, member of the ,Louea Center Task Force, was of the opinion that if S.O.S. were to continue to operate in Costa Mesa, it should remain at Rea Center, not moved to Balearic Center. Janice Davidson, 1982 Arnold Avenue, Costa Mesa, was not opposed to the work being done by S.O.S., but did feel that the number of people utilizing that facility was too large for a residential area. Debra Marsteller, 163 Albert Place, Costa Mesa, employee of Vantage Foundation at Rea Center, asked that the social organizations be allowed to remain at Rea Center, and stated that the neighbors should be proud of the services being provided. Hector Jimenez, 583 Knowell Place, Costa Mesa, expressed fear for the safety of his three-year-old brother because of the increased number of transients in the neighborhood. Steven Hochfelsen, 653 Seal Street, Costa Mesa, member of the Rea Center Task Force, admitted that S.O.S. pro- vides a good service; however, he felt the number of people going to and from S.O.S. and the Soup Kitchen is too great for a residential area. He suggested that Council take action on the recommendations submitted by the Task Force. Virginia Hill, 2077 Charle Street, Costa Mesa, Program Director of the Head Start organization at Rea Center, reported that the children attending Head Start rely on the services of S.O.S., and it would present a hardship for these families if S.O.S. were to move from Rea Center. Sandy Ames, 1930 Whittier Avenue, Costa Mesa, affiliated with March of Dimes which is located at Rea Center, reported that she has worked until 10:00 p.m. and has never encountered a problem with clients of the center. She contended that neighborhood crimes are committed by the residents. Anita Grossman, 1959 Flamingo Drive, Costa Mesa, was disturbed by the neighbors' requesting that S.O.S. be moved out of the area. Patricia Schuda, owner of rental units on Meyer Place, mentioned how difficult it has been to rent her apart- ments partments after potentional renters found out where her property was located. She urged Council to move S.O.S., not eliminate it. Catherine Flamm, 3105 Dublin Street, Costa Mesa, sug- gested that S.O.S. and the neighbors get together to solve the problem. Phil Murillo, 592 Hamilton Street, Costa Mesa, reported on the crimes that have happened involving his property, and the fact that he must now escort his wife to the market because of the transients. Mr. Murillo mentioned that a shooting occurred at Pomona School the past week- end. He suggested that S.O.S. move immediately. Terry Sprague, resident of the east side of Costa Mesa, stated that her grandmother lives at 699 Hamilton Street, 1 and reported that liquor bottles, food, and other trash are tossed in the streets and on private property by S.O.S. clients. She mentioned that her grandmother has been burglarized twice. Jeff Evans, 2033 National Avenue, Costa Mesa, commented that S.O.S. was offered a site in Santa Ana, but Mrs. Forbath would not accept it. He stated that no one should be exposed to the situation which exists in the .area around Rea Center. The Reverend Galal Cough, First United Methodist Church, 420 West 19th Street, Costa Mesa, suggested that S.O.S. open satellite facilities in surrounding cities in order to reduce the impact on this neighborhood. Connie Paine, 645 Beach Street, Costa Mesa, teacher at TeWinkle School, was of the opinion that the agencies at Rea Center should not be located in a residential area, and suggested that they be moved to the Fairgrounds. Lee Littrell, 2055 Meyer Place, Costa Mesa, was con- cerned for the safety of his family. He reported that S.O.S. clients throw away the food they do not want, and frequent liquor stores. Mr. Littrell mentioned that he works in Los Angeles and contended that there are more transients in Costa Mesa than in most areas in Los Angeles. Monique Theriault, 19702 Westwinds Lane, Huntington Beach, volunteer at the Rea Center Soup Kitchen, was opposed to limiting clientele to Costa Mesa residents because most of the volunteers and donations cone from outside Costa Mesa. She mentioned that the Director of. the Soup Kitchen, Merle Hattleberg, commutes from San Clemente daily to provide food for the needy. Bob Clark, 641 Beach Street, Costa Mesa, stated that since S.O.S. and the Soup Kitchen have been at Rea Center, transients in the neighborhood have become a real problem. Because his wife and daughter have been approached by transients, they no longer can go out at night by themselves. Arthur Satin, 2849 Chios Road, Costa Mesa, who lives across the street from Balearic Park, reported that the neighbors use that park extensively, and he was opposed to having S.O.S. moved to Balearic Center. Mr. Satin felt that these agencies should not be located in resi- dential areas. Kathleen Baron, 755 West 18th Street, Costa Mesa, mentioned that she is a volunteer with the Center for Creative Alternatives at Rea Center, a counseling agency. It was her opinion that the agencies at Rea Center provide needed services for the community, and contended that her neighborhoodis much worse than the Rea Center area. She mentioned that the police prefer not to come into her neighborhood because of the prob- lems there. Mary Cappellini, 4201 Seashore Drive, Newport Beach, a bilingual teacher in Santa Ana, stated that she is a volunteer translator at the free dental clinic at Rea Center, and reported that most of the people lined up for the medical and dental clinics are women and children. She stated that most of these people are Costa Mesa residents. Richard Goldstein, 1981 Wallace Avenue, Costa Mesa, reported that he has taken his children out of the school across the street from Rea Center because he feared for their safety. He stated that many S.O.S. clients are undocumented residents and they have no right to any services because they are in the country illegally. He mentioned that since the last Council meeting on this subject, the situation has not improved. Mr. Goldstein asked why Mrs. Forbath turned down the location in Santa Ana which was offered to her. Gorge Clay, 644 Surf Street, Costa Mesa, contended that drug dealing goes on in the parking lot at Rea Center, and so advised S.O.S. when he was a volunteer. Mr. Guy related incidents of attempted assault and vehicle tampering by a client of S.O.S. Ray Sanders, 1963 Balearic Drive, Costa Mesa, emphasized that he did not want S.O.S. moving into Balearic Center. He suggested moving S.O.S. to the Fairgrounds. Jean Forbath, 2880 Clubhouse Road, Costa Mesa, Director of S.O.S., addressing the issue of an offer she received to move to Santa Ana, stated that one room was available and it was not large enough to fill their needs. She stated that people come to S.O.S. because they have been turned down by other agencies. Mrs. Forbath stated that she was concerned about S.O.S.'s impact on the neighbor- hood, and mentioned that when they were asked to move to Rea Center, she warned the City staff that the neighbors would not be in favor of.their being at Rea Center. She mentioned that the number of people going to and from S.O.S. annually is 200,000, not 600,000. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Time Extended Council Member Glasgow, and carried 5-0, to extend Mrs. Forbath's time by 30 seconds. Responding to Vice Mayor Hornbuckle's question regarding the number of people utilizing the services of S.O.S., Mrs. Forbath explained that when she gives statistics to the City, the number given reflects the number of people for whom food has been provided, for example, if food is provided for a family of six, only one family member actually comes to the center to pick up the provisions. Susan Thompson, 2862 Chios Road, Costa Mesa, was opposed to S.O.S. being moved to another residential neighbor- hood (Balearic Center). She reported that she has started to circulate a petition opposing the move. Barbara Littrell, 2054 Meyer Place, Costa Mesa, commented that the residents have not created the problem, but merely made the problem known to the Council, the police, and to the tenants of Rea Center. She stated that the 'residents are fearful of the transients, the children can no longer play in their front yards, use the neigh- borhood park, or walk to school alone. Mrs. Littrell expressed her dissatisfaction with the Police Depart- ment's response to their request to initiate a Neighbor- hood Watch Program. Pat Dolan, President of the Mesa West Homeowners Associ- ation, 923 West 20th Street, Costa Mesa, stated that no one is arguing the plight of the homeless, but what the residents are talking about is the Council's function to protect the interests of Costa Mesa residents. He asserted that many of the people who frequent Rea Center are drug addicts, parolees, drunks, mentally 1 disturbed, loiterers, and in any residential neighbor- hood, this is considered to be an undesirable influence. Mr. Dolan commented that the problems residents are concerned about are crime and family safety. He stated that the crime problems in the neighborhood are second only to South Coast Plaza, and it is almost a daily occurrence to have police called to the area. Mr. Dolan mentioned that it is not unusual to see police from other agencies staking out the Rea Center area because it is a known to be a criminal hangout. His concluding remarks were that most people who go to Rea Center do not live in Costa Mesa; the residents want S.O.S. moved out of Rea Center; and no one in Costa Mesa wants S.O.S. moved into their neighborhood. Ira Goldbein, 619 Hamilton Street, Costa Mesa, asked if Council would approve a restaurant in a residential area which served 150,000 people.a year. Police Chief Snowden did not dispute the nuisances created by S.O.S. clients, stating that he recognized there are drunks and transients which impact the commun- ity. Referring strictly to crimes, not nuisances, the Police Chief stated that as of September, 1988, there was a 43 percent reduction in burglaries in the Rea Center reporting district. He denied that there are more police calls in this area than any other area in the City except South Coast Plaza. He also denied that other police agencies regularly stake out Rea Center in search of criminals. The Police Chief reported that many arrests have been made in that neighborhood and loiterers removed from the streets. He added that of eight people arrested one evening, only one was a home- less person. MOTION A motion was made by Council Member Amburgey, seconded Staff Directed by Council Member Glasgow, directing staff to take steps to Cancel S.O.S. to cancel the lease with S.O.S. and to work with them Lease to relocate the facility in a commercial area. Vice Mayor Hornbuckle felt that cancelling the lease would be acting in haste. She was of the opinion that the Soup Kitchen is the cause of the transient problem because the complaints have increased since the Soup Kitchen opened at Rea Center. The Vice Mayor stated that accepting the offer of the Soup Kitchen to relocate would be a more prudent move, and might well produce the same results with little upheaval. SUBTITUTE MOTION Vice Mayor Hornbuckle made a substitute motion to accept AND AMENDED SUB- the Soup Kitchen's offer to relocate, and that Council STITUTE MOTION re-examine the situation six months after it has been Accept Soup relocated. Council Member Genis stated that she would Kitchen's Offer second the motion if the Vice Mayor would stipulate that to Relocate and Council would re-examine the situation 90 days after the Re-examine Soup Kitchen moves from Rea Center. Vice Mayor Situation 90 Days Hornbuckle amended the motion accordingly, and it was After the Move seconded by Council Member Genis. Sid Soffer, 900 Arbor Street, Costa Mesa, asked if the motion was appropriate based on the information contained in the Agenda. Mayor Buffa responded that since there was no reccmmendation, Council could take any action they wished. Mayor Buffa commented that he was not sure relocation of the Soup Kitchen would improve the situation, and pointed out that when an agency processes a six -figure number of people annually in a residential neighbor- hood, it creates tremendous problems. Council Member Amburgey expressed his opinion that relocating the Soup Kitchen will not alleviate the situation because S.O.S. clients are causing the problem. Council Member Genis stated that she supports moving the 'Soup Kitchen and seeing a report 90 days after the relocation. She suggested that during this time, S.O.S. should attempt to find an alternate location better suited to its activities, and to reduce the number of clients at Rea Center. Council Member Glasgow was of the opinion that the primary problem is land use. He stated that the number of people going to and from S.O.S. was inappropriate for a residential area, and felt that to cancel the S.O.S. lease would be the most appropriate action to take at this time. The motion to accept the offer by the Soup Kitchen to move from Rea Center, and to have staff submit a report 90 days after the move carried 3-2, Council Members Amburgey and Glasgow voting no. City Manager After brief discussion as to when the Soup Kitchen would Directed to be vacating Rea Center, Council agreed to direct the Submit Report at City Manager to contact the people at the Soup Kitchen March 20 Meeting and to submit a report at the March 20 Council meeting, Regarding Soup stating exactly what plans the Soup Kitchen has made to Kitchen Move move from Rea Center. RECESS The Mayor declared a recess at 10:10 p.m., and the meet- ing eeting reconvened at 10:25 p.m. NEW BUSINESS The Deputy Clerk presented a request for rehearing from Roy Gleason, 407 Princeton Drive, Costa Mesa, concerning Request for Council's approval on February 21, 1989, of Change Order Rehearing from No. 6 for $226,000.00, to the contract with Damon Gleason Construction Company, 500 East Gardena Boulevard, Gardena, for the 1988-89 Annual Contract for Parkway Change Order No. 6 Maintenance. Change Order No. 6 adds the Princeton for 1988-89 Annual Drive improvement between Fairview Poad and Harbor Parkway Maintenance Boulevard. The applicant was not present. The City Manager reported that staff met with the appli- cant's wife, Mrs. Gleason, the situation was discussed, and staff was able to make some accommodations. He mentioned that this type of request has raised some policy issues which he would like to discuss at a Study Session. Council Member Genis was concerned about the fact that even though a request for rehearing had been filed, work on the project proceeded. She asked that the City Attorney explain what the legal proceedings should be when a request for rehearing is received, that is, what does that do to the original motion. The City Attorney responded that he and the City Manager had discussed this issue, and it may be a good area for some Council guidance. He stated that most of the matters on the Consent Calendar are those of an adminis- trative nature which are not public hearings, and it may be that the Council would want to make their policy such that those items would not be subject to rehearings. 1 Council Member Genis requested that this matter be scheduled for discussion.at a Study Session. Mayor Buffa commented that there have been a number of spirited discussions regarding trees and there are a number of areas where there are no defined policies in terms of tree removal and replacement. MOTION On motion by Council Member Amburgey, seconded by Vice Request Denied Mayor Hornbuckle, and carried 5-0, the request for Hazardous Waste rehearing was denied. Request for The Deputy Clerk presented a request for rehearing from Rehearing of Eric K. Barto, authorized agent for Jerrell C. Barto, ZE-83-111A2 representing Barto/Signal Companies, 2082 Southeast Barto/Signal Bristol Street, Suite 200, Santa Ana, concerning Council's denial of Zone Exception ZE-83-111A2 on Febru- ary 21, 1989, for an amendment to a previously approved Conditional Use Permit to reduce in size and relocate an oil tank farm from a residential site at 1050 West 18th Street to a vacant industrial site at 1741 Whittier Avenue, in an MG zone. Environmental Determination: Environmental Impact Report No. 1038 certified July 19, 1988. A communication dated March 6, 1989, was received from Jerrell Barto in which he enumerates several items he believes should be considered by Council. Council Member Amburgey stated that there is no informa- tion contained in Mr. Barto's letter which was not available at the February 21, 1989, meeting. Mr. Barto responded that he wanted the opportunity to express his views on these matters since he was not present at the last meeting. MOTION A motion was made by Council Member Amburgey, seconded Request Denied by Mayor Buffa, to deny the request for rehearing. Council Members Hornbuckle and Genis expressed their desire to rehear the application. Council Member Amburgey stated that Mr. Barto did not provide any new information which would justify a rehearing. The motion to deny the request carried 3-2, Council Members Hornbuckle and Genis voting no. Orange County EIR The Deputy Clerk presented County of Orange Environ - No. 490 and mental Impact Report No. 490 and the County of Orange Hazardous Waste Hazardous Waste Management Plan. Management Plan A memorandum from staff dated March 1, 1989, contains background information on the aforementioned plan. State Assembly Bill 2948 (Tanner, 1986) mandates the preparation of a countywide hazardous waste management plan for every county in the State within a specified time frame. Although the plan is a county document, the City of Costa Mesa is a "responsible agency", and as such, is required to review the plan as well as approve, deny, or take no action on it. This action must occur within 90 days from the day the County of Orange trans- mitted the final plan to the City. Karen Peters, Hazardous Material Program Office, County of Orange; and Kimberly Brandt, City Associate Planner, answered questions from the Council. 3., MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Resolution 89-24 Member Glasgow, Resolution 89-24, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CERTIFYING AS COMPLETE AND ADEQUATE COUNTY OF ORANGE FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT NO. 490 FOR THE COUNTY OF ORANGE HAZARDOUS WASTE MANAGEMENT PLAN AND APPROVING THE COUNTY OF ORANGE HAZARDOUS WASTE MANAGEMENT PLAN, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Appointments to the The Deputy Clerk presented a request to make two Costa Mesa Senior appointments to the Costa Mesa Senior Citizens Corpora - Citizens Corporation tion Board of Directors. MOTION On motion by Council Member Amburgey, seconded by Hornbuckle and Council Member Genis, and carried 5-0, Council Members Glasgow Appointed Hornbuckle and Glasgow were appointed as members of the Board of Directors, Costa Mesa Senior Citizens Corporation. Appointments to the The Deputy Clerk presented a request to appoint two Cable TV Committee members to the Cable Television Committee. A motion was made by Mayor Buffa to appoint James N. Agrusa and Annea Massimino to the committee. The motion died for lack of a second. MOTION A motion was made by Council Member Genis, seconded Lindsay and by Council Member Glasgow, to appoint Judy Lindsay Winnett Appointed and Thomas E. Winnett to the Cable Television Commit- tee. ommittee. The motion carried 4-1, Mayor Buffa voting no. Request from Lions The Deputy Clerk presented a request from the Costa Club to Hold Fish Mesa -Newport Harbor Lions Club, Incorporated, Post Fry and Parade Office Box 10628, Costa Mesa, to hold its 43rd Annual Fish Fry and Carnival on June 2, 3, and 4, 1989. The City Manager referred to his memorandum of March 2, 1989, and mentioned that there is a possible conflict with the Harbor -Maple Storm Drain Project and the par- ade route; however, he did not expect it to cause a problem. Council Member Amburgey mentioned that in previous years, the Lions Club had requested the City to waive a significant amount of the insurance coverage, but there is no reference to insurance in the request. The City Manager responded that an insurance waiver is not part of the letter of request, although it is possible this issue may have been resolved last year. At the request of Council Member Amburgey, Council agreed to direct the City Manager to contact the Lions Club to verify that insurance is not an issue, and to obtain information about the Costa Mesa float. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Request Approved Member Glasgow, and carried 5-0, the request from the Lions Club to hold its Annual Fish Fry and Carnival was approved. Arts and Cultural The Deputy Clerk presented a proposal for Arts and Festival Cultural Festivals formulated by the City's Human Rela- tions Committee. The City's Cultural Arts Committee recommended support of the program. 1 The City Manager summarized staff's memorandum dated March 1, 1989, which references two programs: an annual arts and cultural festival, and a program for mini -festivals in neighborhood parks. He commented that even though these appear to be good programs, it would be well to exercise caution. The City Manager suggested proceeding with the first annual festival and one mini -festival to determine how well the program is accepted. Vice Mayor Hornbuckle reported that the committee would be delighted by Council's approval of one mini - festival to be held in late April which would give them an idea of the actual costs of support services. She mentioned that the committee envisions this more as a large community picnic rather than a true festival. She mentioned that the committee is willing to adjust the date of the September festival so that there is no conflict with "Arts on the Green". Responding to Mayor Buffa's question, the City Manager reported that the monetary support requested by the ccmmitee would be taken from unexpended Cultural Arts Committee funds. In response to Council Member Amburgey's inquiry, Vice Mayor Hornbuckle stated that the annual festival and one mini -festival would cost less than the $7,400.00 referenced in staff's memorandum. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Annual Festival Council Member Amburgey, approving one mini -festival and One Mini- sometime in late April and the main festival in late Festival Approved September. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Canis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Police Helicopter The Deputy Clerk presented a proposal for police Heli - Maintenance copter maintenance. The City Manager referenced his memorandum of March 3, 1989, stating that a presentation was made at the last Council Study Session regarding the status of the City's maintenance contract for police helicopters. He reported that staff is still attempting to work out an arrangement with the current maintenance provider; however, these efforts have not been very successful to date. The City Manager stated that it is very important that the City obtain the necessary facili- ties for maintenance of the helicopters, and believed that establishment of an internal program for maintain- ing this equipment, and the possibility of contracting these services to other public agencies who operate helicopter programs, makes the most sense at this time. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that he knew.of a very reliable helicopter maintenance company and asked if the City would be interested in considering other firms. The Mayor suggested that Mr. Soffer give the information to the Police Department. MOTION On motion by Council Member Amburgey, seconded by Staff Authorized Council Member Glasgow, the City Manager and City to Execute Agree- Attorney were authorized to execute necessary agree- ments ments for implementation of the program. The motion carried by the following roll call vote: 37/.. Council Agenda - Order of Business AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Council Member Glasgow suggested that staff verify the cost savings generated by the new program. The Deputy Clerk presented a report concerning the order of business on the Council Agenda. The City Manager referred to his memorandum of March 3, '1989, which highlights six key points of Council's discussion at the Study Session of February 14, 1989. He mentioned that one topic which was omitted from his memorandum is whether items removed from the Consent Calendar should be discussed immediately following approval of the remainder of the Consent Calendar or at the end of New Business. MOTION/Directed A motion was made by Vice Mayor Hornbuckle, seconded by Oral Communications Council Member Genis, to move Oral Communications frau to Precede Consent the end of the Agenda to immediately preceding the Calendar Consent Calendar. Council Member Amburgey commented that when Oral Commu- nications was placed before the Consent Calendar previ- ously, Council spent hours on items which could not be acted upon. He felt it was unfair to those people who had prepared their presentations and had them placed on the Agenda. Council Member Amburgey suggested amending the ordinance so that any changes in the order of busi- ness could be done by resolution. Mayor Buffa agreed with the comments by Council Member Amburgey, stating that he would support the motion if the time limit for each speaker is shortened, and the 'total time for Oral Communications is limited to 30 minutes. Vice Mayor Hornbuckle commented that the time for regu- larly scheduled Study Sessions should be changed to 4:00 p.m., and that it should be noted that Warrants have been placed on the Consent Calendar. Vice Mayor Hornbuckle suggested changing "Councilman" to "Council Member" at the time an ordinance is updated. The motion to change the location of Oral Communications on the Council Agenda, carried 5-0. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Placed Three -Minute Council Member Glasgow, setting a time limit of three Time Limit under minutes for each speaker under Oral Communications. The Oral Communications motion carried 4-1, Council Member Amburgey voting no. MOTION/Removed A motion was made by Vice Mayor Hornbuckle, seconded by Consent Calendar Council Member Genis, directing that items removed from Items to be the Consent Calendar shall be discussed immediately Discussed Directly following the approval of the remainder of the Consent after Approval of Calendar. The motion carried 4-1, Council Member Consent Calendar Amburgey voting no. MOTION/Oral A motion was made by Vice Mayor Hornbuckle, seconded by CommunicationsMayor Buffa, to limit the total time for Oral Communica- Limited to Total tions to 30 minutes. The motion carried 5-0. Discus - of 30 Minutes sion ensued concerning the possibility of extending the time for Oral Communications. MOTION A motion was made by Council Member Glasgow, seconded Changed Method of by Vice Mayor Hornbuckle, to change the last sentence Extending Time under Oral Communications to read: "This time may be under Oral extended for good cause by the Mayor, or by majority Communications vote of the Council." The motion carried 5-0. Council Policy Discussion was held concerning establishment of fixed Issues time limits for Public Hearings and other items on the Agenda, and limitations or changes in the amount of testimony to be taken on items other than Public Hearings. Mayor Buffa commented that these are merely No Action Taken policy issues, and there is an existing Council Policy which states that the Council shall conclude meetings by 12:00 midnight. MOTION A motion was made by Council Member Genis, seconded by Directed that Order Vice Mayor Hornbuckle, directing staff to revise the of Business Shall ordinance regarding the Council Agenda so that the be Changed by order of business can be changed by resolution. The Resolution motion carried 5-0. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Changed "Council- Council Member Glasgow, to change the Agenda title, manic Comments Etc." "Councilmanic Comments and,Suggestions" to "Council to "Council Member Member Comments and Suggestions". The motion carried Comments Etc." 5-0. Ordinance Regarding Item 4 on the Consent Calendar was presented: Request Regulations in the to set a public hearing to consider an ordinance amend - R1 Zone ing Title 13 of the Costa Mesa Municipal Code regarding Rl rear yard setbacks, R1 open space, open space defini- tion, and accessory structure height/setback regula- tions. Environmental Determination: Exempt. Council Member Canis stated that she removed this item from the Consent Calendar because there was no support- ing upporting literature;' therefore, it would be difficult for any member of the public to understand the item. Mayor Buffa saw no need for documentation on items which are merely being set for public hearing and he was sat- isfied atisfied with the description on the Agenda. Council Member Amburgey agreed with the Mayor's com- ments and felt it was unnecessary for Staff Reports to be prepared prior to the public hearing. Vice Mayor Hornbuckle offered a compromise, suggesting that staff merely provide a short memorandum describing the item to be set for public hearing. MOTION Hearing Set for On motion by Vice Mayor Hornbuckle, seconded by Council March 20, 1989; Member Genis, and carried 5-0, an ordinance concerning Staff Directed to regulations for the Rl Zone was set for public hearing Provide Brief Memo on March 20, 1989, at 6:30 p.m., in the Council Chambers for Items to be Set of City Hall, and staff was directed to provide a brief for Public Hearing description of items to be set for public hearing. Certificate for Item 5 on the Consent Calendar was presented: Request West Coast Cabs to set a public hearing for a Certificate of Public Convenience and Necessity for West Coast Transportation Network, Incorporated, doing business as West Coast Cabs, 941 North Santiago Street, Santa Ana. Council Member Genis reported that she removed this item from the Consent Calendar for the same reason as the previous item, lack of supporting literature. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Hearing Set for Member Gnnis, and carried 5-0, the public hearing for March 20, 1989 a Certificate of Public Convenience and Necessity for West Coast Cabs was set on March 20, 1989, at 6:30 p.m., in the Council Chambers of City Hall. Agreement with Item 11 on the Consent Calendar was presented: An Traffic Counts agreement with Traffic Counts, Incorporated, 170 East 17th Street, Suite 110, Costa Mesa, for $10,650.00, to Traffic Volume collect average daily traffic volumes at 213 locations Counts at 213 within the City. Locations Sid Soffer, 900 Arbor Street, Costa Mesa, contended that this item should not be on the Consent Calendar because it needs explanation. Mayor Buffa commented that the item is clearly stated on the Agenda. Council Member Amburgey agreed with the Mayor's comment. MOTION On motion by Council Member Amburgey, seconded by.Vice Agreement Mayor Hornbuckle, the agreement was approved, and the Approved Mayor and Clerk were 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 Request to Release Item 13 on the Consent Calendar was presented: Request Half of Retention for authorization to release half of the retention funds Funds to R. J. to R. J. Noble Company, 1505 East Lincoln Avenue, Orange, Noble for 1988-89 for the 1988-89 Measure "C" Street Maintenance project. Measure "C" Street The major portion of the work has been completed and no Maintenance Stop Notices have been received by the City. Sid Soffer, 900 Arbor Street, Costa Mesa, was of the opinion that no Measure "C" items should be on the Consent Calendar because they should be explained. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Authorized Release Member Amburgey, authorization was given to release of 50 Percent of half of the retention funds immediately. The motion Retention Funds carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Cenis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item No. 841 Item 16 on the Consent Calendar was presented: Bid Item Lease/Purchase No. 841, Lease/Purchase Rates for Fire Apparatus. Bids Rates for Fire are on file in the Clerk's office. Apparatus Sid Soffer, 900 Arbor Street, Costa Mesa, stated that this item should not be on the Consent Calendar because an explanation should be made on the expenditure of $1,784,869.74. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Awarded to Mayor Buffa, to award the contract to Security Pacific Security Pacific Merchant Bank, 300 South Grand Avenue, HCP 211, Los Merchants Bank Angeles, for $1,784,869.74, for a five-year term, and to adopt the following minute resolution: Whereas, the governing body of lessee has determined that a true and very real need exists for the acquisi- tion of the property described in the Municipal Lease and Option Agreement presented at this meeting; and Whereas, the governing body of lessee has taken the necessary steps, including any legal bidding require- ments, under applicable law to arrange for acquisition of such property; Now, therefore, be it resolved by the governing body of lessee that the terms of said Municipal Lease and Option Agreement are in the best interests of lessee for the acquisition of such property, and the govern- ing body of lessee designates and confirms the follow- ing persons to execute and deliver, and to witness (or attest), respectively, the Security Pacific Merchant Bank Municipal Lease and Option Agreement and any related documents necessary to the consummation of the transactions contemplated by the Municipal Lease and Option Agreement. Be it further resolved that the governing body of lessee hereby represents that the reasonably antici- pated amount of qualified tax-exempt obligations which have been and will be issued by the lessee does not exceed $10,000,000.00 for the calendar year within which this Municipal Lease and Option Agreement is entered and hereby designates this municipal Lease and Option Agreement to be a "qualified tax-exempt obligation" pursuant to Section 265(b)(3) of the Internal Revenue Code. 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 CITY ATTORNEY The City Attorney presented an ordinance amending Chap - REPORT ter II of Title 7 and Chapter II of Title 9 of the Costa Mesa Municipal Code regarding the sale, use, or Fireworks discharge of fireworks within the City. Ordinance The City Attorney referred to his memorandum of March 2, 1989, which contains the changes to the ordinance: Raise age of person allowed to sell fireworks from 16 years to 18 years in accordance with state law. Clarify that qualification for sale permits is limited to nonprofit groups based in Costa Mesa. Raise insurance coverage requirements due to fact that existing amounts were set at least as early as 1975. Council Member Amburgey opposed the change from 16 to 18 years old for a person to be permitted to sell fireworks in that it prohibits parent and child to work together. Council Member Amburgey wanted to retain the present insurance requirements in Section 9-189: $100,000.00 for death or injury to one person, $300,000.00 for death or injury to more than one person, and $25,000.00 property damage. (The proposed ordinance requires $500,000.00 for death or injury to one or more persons, and $50,000.00 property damage.) The City Attorney answered questions concerning the City's liability when issuing permits. MOTION Ordinance 89-7 A motion was made by Council Member Amburgey, seconded Given First by Council Member Glasgow, to give first reading to Reading Ordinance 89-7, being AN ORDINANCE OF THE CITY COUNCIL 378 Development Services User Fee Study OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING CHAPTER II OF TITLE 7 AND CHAPTER II OF TITLE 9 OF THE COSTA MESA MUNICIPAL CODE, retaining the existing insurance requirements in Section 9-189. 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 The City Manager presented the Development Services User Fee Study. The City Manager reported that the User Fee Study con- tains the first phase of proposed user fees which is an outgrowth of a study which was conducted last fall. Assistant to the City Manager Ann Gyben summarized a memorandum dated March 3, 1989. A proposed resolution and a study done by the Development Services Department is included with the memorandum. Staff made two recom- mendations: that Council i and provide policy directig pry; and that Council authr resolution to interested p� reviewed 1987-88 actual exp full cost of services prov: upon information obtained 7 that the City currently is costs for these services. ;the initial step in determ: and, if so, by what amount, Manager reported that with the Study will be forwarder with the City as requesting increases, and that Counci: taken at the meetina of Mal eview the proposed user fees n on the percentage of recov- rize circulation of the fee rties. Vertex Cost Systems enditures and assessed the ded to the public. Based y Vertex, it was determined subsidizing 32 percent of the The Vertex Study was merely ning if fees should be raised The Assistant to the City Council's approval, copies of to those parties on file to be notified of any fee 's final action should be ch 20. Vice Mayor Hornbuckle referred to the proposed resolu- tion and suggested that the paragraph starting with, "Now, therefore" should indicate that the fees listed shall be increased "to" the amounts shown. In addi- tion, she mentioned that the fee for filing an appeal from the Planning Commission to the City Council is $195.00 in the resolution, which is considerably more than suggested in the study. She recommended that the fee be set at $125.00. Mayor Buffa stated he had no problem with the $195.00 fee for commercial projects; however, he felt the fee was too high for the individual homeowner in a not- for-profit otfor-profit situation. Council Member Genis mentioned that there is no fee listed for a Parcel Map and she asked that such a fee be added. She mentioned that park dedication fees were not addressed, realizing that this requires an appraisal and is somewhat more complex. Council Member Genis commented on the absence of Building Plan Check fees and stated that she understood that was tied to the value of construction. The Deputy City Manager/Development Services reported that in regard to Building Plan Check fees, that schedule is adopted along with adoption of the Uniform Building Code. Referencing earlier comments regarding the fee for fil- ing an appeal with the City Council, Council Member i 1 Cenis suggested that individual homeowners could ask a Council Member to bring an item forward for Council review since no fee would be involved in that case. The Assistant to the City Manager commented that the schedule could differentiate between residential and business appeal fees. MOTION Authorized Circu- A motion was made by Vice Mayor Hornbuckle, seconded lation of Fee by Council Member Canis, and carried 5-0, authorizing Resolution/Placed circulation of the fee resolution to interested parties, on March 20 Agenda and directing that this item be placed on the March 20 for Action Agenda for Council action. Discussion ensued concerning the possibility of a two- tiered fee schedule for appeals. Responding to Vice Mayor Hornbuckle's-giaestion, the City Attorney reported that it would be appropriate to have a two-tiered appeal fee provided there were a logical explanation for it. ORAL COMMUNICATIONS Sid Soffer, 900 Arbor Street, Costa Mesa, was dissatis- fied with the fact that Council discussion is held after Soffer Comments a public hearing is closed, and the public does not have the opportunity to rebut any of Council's continents. Mr. Soffer spoke about the police log which is located on the counter of the police lobby for public viewing. COUNCIL MEMBER Council Member Cenis stated that the reason she asked COMMENTS for clarification of the minutes of February 21, 1989, was based on a conversation with the City Manager after Paramedic Response that meeting. She reported that there was a misunder- Time under Measure standing regarding her question about paramedic response "T time. She stated that she based her vote on information which was not entirely reflective of what was really happening. In view of the above, Council Member Cenis requested that Council again look at how the City will treat paramedic response time under Measure "G'. City -paid Trips Council Member Amburgey mentioned that some years ago, for Council expenses for a Council Member's spouse was paid by the Members' Spouses City when the spouse accompanied the Council Member to certain functions which Council is required to attend. He reported that as a result of an audit, this practice was discontinued at the recommendation of the auditors. He felt that the City's paying the spouse's expenses is a justified expenditure for Council Members and Depart ment Heads. He was of the opinion that the expenses for spouses to attend these functions should not be borne by Council Members or Department Heads. Council Member Amburgey commented that if the other Council Members feel the same about this issue, he would ask the City Manager to schedule this item for a Study Session or Council meeting. Mayor Buffa responded that he had no objection to dis- cussing this item at a Study Session; however, he stated that if out-of-town trips were included in this request, he would not be in favor of changing the present policy. City Ordinance Council Member Amburgey referred to the City's ordinance Regarding Hours regulating working hours for construction projects. He of Construction reported that at the Arnel project construction site, a situation arose which required the workers to finish a certain job the same day, and as a result, the job was not completed until 8:30 p.m., 30 minutes after the SO City's imposed deadline. Council Member Amburgey recom- mended giving the City Manager some leeway in authoriz- ing an exemption in the event of an emergency situation. ADJOURNMENT The Mayor declared the meeting adjourned at 12:30 a.m. Mayor of the CitV#f Costa Mesa ATTEST: City Clerk of the City of Costa esa I- I