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HomeMy WebLinkAbout03/20/1989 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA MARCH 20, 1989 The City Council of the City of Costa Mesa, California, met in regular session March 20, 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 The Reverend Doyle Henderson, Costa Mesa Nazarene Church. 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 Assistant Development Services Director/Planning Perry Valentine Assistant to the City Manager Rick Pickering City Clerk Eileen Phinney MINUTES On motion by Vice Mayor Hornbuckle, seconded by Council March 1 and 6, Member Glasgow, and carried 5-0, the minutes of the 1989 special meeting of March 1, 1989, and regular meeting of March 6, 1989, were approved as distributed. 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 item was removed from the Consent Calendar: Item 16, Resolution establishing the rate of pay for a ' Risk Manager. . WRITTEN COMMUNICTIONS Records Destruc- tion for Public Services Department MOTION Resolution 89-97 Adopted READING FOLDER On motion by Council Member Amburgey, seconded by Council Member Glasgow, 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 On motion by Council Member Amburgey, seconded by Council Member Glasgow, Resolution 89-97, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING RECORDS DESTRUCTION FOR THE PUBLIC SERVICES DEPARTMENT OF THE CITY OF COSTA MESA, PURSUANT TO ORDI- NANCE NO. 75-60, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow None None On motion by Council. Member Amburgey, seconded by Council Member Glasgow, and carried 5-0, the following Reading Folder items were received and processed: 3S7 Claims Claims received by the City Clerk: Henry Makela; Gary E. Rubin; and Everett Schmid. Alcoholic ! Alcoholic Beverage Licenses for which parking has been Beverage approved by the Planning staff: Parvin and Company, Licenses Inc., doing business as Garden Bistro, 3333 South Bear Street, Suite 211; Delmous E. and Marion J. Whitson, doing business as Dee's Chevron Food Mart, 2160 Harbor Boulevard; and Brooke and Mack, Inc., doing business as Soup Plantation, 1555 Adams Avenue. Public Utilities Application for authority to merge Southern California Commission Edison Company, and San Diego Gas and Electric Company. Remove Diamond Resolution from City of Tustin requesting the Cali - Lanes for Trial fornia Department of Transportation and Orange County Period Transportation Commission to remove diamond lanes for a trial period. OCTC/OCTD Resolution from the City of Tustin recommending that a Consolidation Joint Powers Agreement or Memorandum of Understanding (MOU) for transportation planning be executed in lieu of consolidating the Orange County Transportation Commission and the Orange County Transit District. Monorail to Resolutions from the Orange County Transit District John Wayne and City of Huntington Beach supporting a free enter - Airport prise monorail system at John Wayne Orange County Airport. BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable Purpose was received from City of Hope, 1500 East Duarte City of Hope Road, Duarte, by door-to-door solicitation of funds between March 21 and December 31, 1989. On motion by MOTION Council Member Amburgey, seconded by Council Member Permit Approved Glasgow, and carried 5-0, the permit was approved with application of Municipal Code Section 9-229. Disabled Peace Notice of Intention to Appeal or Solicit for Charitable Officers Purpose was received from Disabled Peace Officers Asso- Association ciation, 12630 Brookhurst, Suite F, Garden Grove, by telephone solicitation of funds between March 21 and MOTION May 28, 1989. On motion by Council Member Amburgey, Permit Approved seconded by Council Member Glasgow, and carried 5-0, the permit was approved with application of Municipal Code Section 9-229. Purple Heart Notice of Intention to Appeal or Solicit for Charitable Purpose was received from Purple Heart Veterans Rehabil- MOTION itation Services, Incorporated, 555 East Ocean Boule- Permit Approved yard, Suite 225, Long Beach, by collecting reusable household items and clothing between March 21 and Novem- ber 30, 1989. On motion by Council Member Amburgey, seconded by Council Member Glasgow, and carried 5-0, the permit was approved with application of Municipal Code Section 9-229. SET FOR PUBLIC On motion by Council Member Amburgey, seconded by Council HEARING Member Glasgow, a proposed ordinance amending Titles 5 and 13 of the Municipal Code to include provisions for Fees for Planning establishing fees for planning services by Council Services resolution was set for public hearing on April 3, 1989, at 6:30 p.m., in the Council Chambers of City Hall. The MOTION motion carried by the following roll call vote: Hearing Set for AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, April 3, 1989 Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 389 WARRANTS On motion by Council Member Amburgey, seconded by Council Member Glasgow, Warrant Resolution 1424, including pay - MOTION roll 8905, was approved by the following roll call vote: Warrant 1424 AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Approved Amburgey, Canis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None REJECTED CLAIMS On motion by Council Member Amburgey, seconded by Council Member Glasgow, and carried 5-0, the claim from Richard Coates Coates was rejected. Fisher On motion by Council Member Amburgey, seconded by Council Member Glasgow, and carried 5-0, the claim from Karen Fisher was rejected. Merrill On motion by Council Member Amburgey, seconded by Council Member Glasgow, and carried 5-0, the claim from JoAnn W. and Harry Merrill was rejected. O'Flaherty On motion by Council Member-Amburgey, seconded by Council Member.Glasgow, and carried 5-0, the claim from Sharon Lynda O'Flaherty was rejected. ADMINISTRATIVE ACTIONS Bids received for Bid Item No. 840, Photographic Film Processor, are on file in the Clerk's office. On motion Bid Item No. 840 by Council Member Amburgey, seconded by Council Member Photographic Glasgow, the contract was awarded to Photo Lab Fabrica- Film Processor tion, 419 Del Monte Street, Pasadena, for $16,704.01. The motion carried by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Awarded to Amburgey, Genis, Glasgow Photo Lab NOES: COUNCIL MEMBERS: None Fabrication ABSENT: COUNCIL MEMBERS: None Bid Item No. 843 Bids received for Bid Item No. 843, Utility Vehicle, are Utility Vehicle on file in the Clerk's office. On motion by Council Member Amburgey, seconded by Council Member Glasgow, the MOTION contract was awarded to Earle Ike Toyota, 1966 Harbor Awarded to Earle Boulevard, Costa Mesa, for $14,154.18. The motion Ike Toyota carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with Staff recommended approval of an agreement with Boyle Boyle Engineer- Engineering Corporation, 1501 Quail Street, Newport ing/Budget Beach, in the amount of $104,000.00, and Budget Adjust- Adjustment djustAdjustment No. ment No. 89-78 for $65,000.00, to design the Sakioka Fire 89-78 Station. On motion by Council Member Amburgey, seconded by Council Member Glasgow, the agreement and budget MOTION adjustment were approved, and the Mayor and Clerk were Agreement and authorized to sign the agreement on behalf of the City. Adjustment The motion carried by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with The City Manager recommended approval of an agreement Ralph Andersen with Ralph Andersen and Associates, 1446 Ethan Way, Suite 101, Sacremento, for $10,500.00, in conjunction Recruitment for with the recruitment of a Public Services Director. On Public Services motion by Council Member Amburgey, seconded by Council Director Member Glasgow, the agreement was approved and the City Manager was authorized to sign on behalf of the City. The motion carried by the following roll call vote: 3919, MOTION Agreement Approved Agreement with Norris-Repke Design of Victoria Street Widening Project MOTION Agreement Approved Change Order No. 7 B-1 Enterprise 1988-89 Measure "C" Parkway Maintenance MOTION Change Order Approved AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Staff recommended approval of an agreement with Norris- Repke, Incorporated, 2882 Walnut Avenue, Suite A, Tustin, in an amount not to exceed $140,000.00, for design of the Victoria Street Widening Project from Harbor Boulevard to Canyon Drive. On motion by Council Member Amburgey, seconded by Council Member Glasgow, the agreement was approved, and the 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 Staff recommended approval of Change Order No. 7 for $102,977.00 to the contract with B-1 Enterprise Cor- poration, Post Office Box 714, Rancho Cucamonga, in connection with the 1988-89 Measure "C" Parkway Maintenance Project. The change order is required for additional improvements. On motion by Council Member Amburgey, seconded by Council Member Glasgow, the change order was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Completion of Completion of street improvements for Tract No. 11606 Street Improve- located at 810 Baker Street, have been completed to the ments for - satisfaction of staff by Knowleton Corporation, 720 Tract No. 11606 Bennett Street, Long Beach. On motion by Council Member Amburgey, seconded by Council Member Glasgow, the MOTION the improvements were accepted, and the bonds were Improvements ordered exonerated. The motion carried by the following Accepted roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget Adjustments On motion by Council Member Amburgey, seconded by Council No. 89-69 and Member Glasgow, Budget Adjustments No. 89-69 and No. No. 89-70/Removal 89-70 in the amount of $100,000.00, to transfer neces- of Contaminated sary appropriation for removal of contaminated soil at Soil at Corporation the Corporation Yard, were approved by the following Yard roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, MOTION Amburgey, Genis, Glasgow Adjustments NOES: COUNCIL MEMBERS: None Approved ABSENT: COUNCIL MEMBERS: None Conference Advance On motion by Council Member Amburgey, seconded by Council Member Glasgow, a Conference Advance for $981.00 for a MOTION police officer to attend the Training Management Con - Advance ference in Santa Rosa, from April 10 through April 14, Approved 1989, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 1 Rate of Pay Staff recommended approval of a new rate of pay for Fire for Fire Protec- Protection Analyst. On motion by Council Member tion Analyst Amburgey, seconded by Council Member Glasgow, Resolution 89-98, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOTION COSTA MESA, CALIFORNIA, AMENDING RESOLUTION NO. 88-66 Resolution 89-98 AND RECLASSIFYING AND ESTABLISHING A NEW RATE OF PAY FOR Adopted A CITY CLASSIFICATION, was adopted by the following roll vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL ME24BERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place Certificate for set for the public hearing to consider a Certificate West Coast Cabs of Public Convenience and Necessity for West Coast Transportation Network, Incorporated, doing business as Wbst Coast Cab Company, 941 North Santiago Street, Santa Ana. Notice of public hearing was mailed to the holder of a Certificate of Public Convenience and Necessity. No canmunications were received. The City Manager reported that staff requires further investigation of the insurance certificates and asked for a continuation of this item. MOTION' A motion was made by Vice Mayor Hornbuckle, seconded by Continued to Council Member Amburgey, to continue this item to the April 17, 1989 meeting of April 17, 1989. Steven Silverstein, Attorney representing West Coast Transportation Network, 2001 East First Street, Santa Ana, stated that he did not object to this item being continued but asked for an explanation. The City Manager stated that the concerns expressed by staff are outlined in a memorandum dated March 16, 1989, a copy of which was sent to West Coast Transportation Network. The City Manager gave a copy of the memorandum to Mr. Silverstein. The motion carried 5-0. PUBLIC HEARING The Clerk announced that this was the time and place Regulations in set to consider an ordinance amending Title 13 of the the R1 Zone Costa Mesa Municipal Code regarding rear yard setbacks, R1 open space, open space definition and accessory structure height/setback regulations. The Affidavit of Publication is on file in the Clerk's office. No com- munications have been received. The Assistant Development Services Director/Planning outlined background information contained in staff's memorandum dated March 9, 1989. At Council's direction, current standards for R1 rear yard setback and open space requirements were further investigated to deter- mine if adjustments could be made without going through the variance process on a project -by -project basis. Five options were presented to the Planning Commission which 'included different setback requirements as well as different percentages for open space. The Assistant Director reported that the Planning Com- mission recommended approval of Option No. 2, and provided illustrations of this option. The Assistant Director responded to questions from Council regarding definitions of accessory structures, rear yard setbacks, how side yards are considered in the 39i process, and possible wording clarification. He stated if Council desires to give first reading to the ordi- nance, further changes could be made incorporating requested clarifications to be included for second reading. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Ordinance 89-8 Member Glasgow, Ordinance 89-8, being AN ORDINANCE OF Given First THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading REGARDING RESIDENTIAL REAR YARD SETBACK, OPEN SPACE DEFINITION AND ACCESSORY STRUCTURE HEIGHT, was given first reading, and staff was directed. to bring back clarification of the definition "rear yard" for the second reading. Council Member Genis felt that staff should be given direction as to whether the definition should include property line to property line or setback line to setback line. Council Member Glasgow concurred with Council Member Genis and added that wording should be consistent with other ordinances. Vice Mayor Hornbuckle recommended that staff present their suggested wording and Council could decide at the time of second reading if they are in agreement with it. Council Member Amburgey recommended that the definition of rear yard setback be consistent with the 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 OLD BUSINESS The Clerk presented from the meeting of February 21, R-88-07 1989, Ordinance 88-19 for second reading and adoption. Amburgey/Carich The ordinance changes the zoning at 2233 and 2239 Ordinance 88-19 Fairview Road from C1 to R4 in connection with Rezone Petition R-88-07, Amburgey/Carich. The Assistant Development Services Director/Planning outlined.staff's memorandum dated March 10, 1989. The applicant submitted a plan for an 18 -unit development ;following the meeting of February 21, 1989, and staff has determined that the proposed project will generate less traffic than the existing development. Still 'required is a hydrology report as well as documentation of the projected per-unit impact from the Police and Fire Departments. In response to a question from Council Member Amburgey, the Assistant Director stated that a hydrology report could be provided by the applicants but that staff has 'requested they provide a more detailed site plan so that coverage could be compared with what presently exists on the property. This may preclude the necessity for com- pleting a hydrology report. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Continued to Member Amburgey, and carried 5-0, second reading of April 17, 1989 Ordinance 88-19, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE Boy Scout Troop Recognized Ordinance 89-6 ZONING OF PROPERTY AT 2233 AND 2239 FAIRVIEW ROAD FROM Cl TO R4, was continued to the meeting of April 17, 1989. The Mayor recognized Boy Scout Troop Pack No. 108 who were in the audience to earn citizenship badges. The Clerk presented Ordinance 89-6 for second reading and adoption. The ordinance amends Title 5 of the Costa Mesa Municipal Code modifying standards for ground signs, and clarifying other sections of Title 5 relating to signs. The Assistant Development Services Director/Planning outlined staff's memorandum dated March 16, 1989, which addresses comments made during the public hearing held on March 6, 1989. Mayor Buffa asked if the information covers the items addressed by Messrs. Soffer and Feeney and the Assistant Director responded that it does. Chuck Muto, Costa Mesa Auto Supply, 2165 Harbor Boule- vard, Costa Mesa, representing the Costa Mesa Merchants Assocation, requested that this item be continued until the merchants could offer input. Mayor Buffa asked if continuing this item would pose a problem and the Assistant Director responded that he does not believe that it would. Mayor Buffa and Council Member Glasgow expressed interest in receiving input from the merchants association. MOTION A motion was made by Council Member Amburgey, seconded Continued to by Council Member Glasgow, to continue second reading April 17, 1989 of Ordinance 89-6, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONCERNING AMEND- MENTS TO THE SIGN ORDINANCE TO INCORPORATE A SLIDING SCALE AND TO CLARIFY OTHER PORTIONS OF THE SIGN CODE, to April 17, 1989. Vice Mayor Hornbuckle supported the continuance for the reason requested, but added that the merchants should know that this somewhat relaxes the sign ordinance requirements and she would have a negative view of any additional recommendations which would further weaken the Sign Code. The motion carried 5-0. Ordinance 89-7 The Clerk presented Ordinance 89-7 for second reading Fireworks and adoption. The ordinance amends Chapter II of Title 7 and Chapter II of Title 9 of the Costa Mesa Municipal Code regarding the sale, use, or discharge of fireworks Within the City. The City Attorney reported that the ordinance is essen- tially the same as when it was given first reading with the exception that the existing insurance requirements have been retained. Council Member Amburgey stated that there has been a change made in the proposed ordinance to meet require- ments mandated by State law, i.e., changing the minimum age from 16 to 18 years of age for working in stands. He preferred the 16 year age so that children can work along with their parents and share in raising 393 ­)ql MOTION Ordinance 8.9-7 Adopted funds for their various organizations. He stated that he will contact State Legislators to try and gain their approval to change the requirement back to 16 years old. On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, Ordinance 89-7, AN ORDINANCE OF THE CITY COUNCIL 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 CHANGING THE QUALIFICA- TIONS FOR SELLING FIREWORKS, and retaining the existing insurance requirements in Section 9-189, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Amburgey, Genis, Glasgow None None NEW BUSINESS/ The Clerk presented a request from Orange Coast College Street Closures to close Merrimac and Monitor Ways on Saturday, May 13, for Orange Coast 1989, for their annual 5K run/walk event. College 5K Event The City Manager outlined staff's memorandum of March 14, 1989, and attachment thereto. Funds raised from this event will go toward scholarships for adult reentry students. Vice Mayor Hornbuckle stated that the event is scheduled to terminate by 9:00 a.m., and therefore should not pose a problem with traffic for the swap meet. The City Manager responded affirmately. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Street Closures Council Member Glasgow, and carried 5-0, to approve the Approved street closures on Merrimac and Monitor Ways from 7:00 a.m. to 9:00 a.m., on Saturday, May 13, 1989. Council Agenda The Clerk presented an ordinance to change the order of Order of Business business on the Council Agenda by resolution. Council Member Glasgow asked if the hours for study sessions can be handled by resolution and if the ordi- nance reflects this. The City Attorney responded that the amendment does not include that provision and said he will investigate the request and bring it before Council at a later date. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Ordinance 89-9 Council Member Glasgow, to give first reading to Ordi- Given First trance 89-9, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY Reading OF COSTA MESA, CALIFORNIA, CONCERNING THE ORDER OF BUSI- NESS AT COUNCIL MEETINGS. 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 Regulation of The Clerk presented an ordinance adding Chapter VIII, Private Alarm for the regulation of private alarm systems, to Title II Systems of the Municipal Code. The City Manager outlined staff's memorandum of March 13, 1989. The goal of the ordinance is to encourage the proper use and maintenance of alarm systems, thus reduc- ing the rate of false alarm responses. The ordinance has been patterned after those presently in effect in other Orange County cities. Council Member Amburgey felt that if there were a requirement that alarms be installed by licensed alarm contractors, the City could regulate installation in a more satisfactory manner. The City Manager stated that staff could research this and submit findings at the time of second reading should Council desire to give first reading to the proposed ordinance. Vice Mayor Hornbuckle asked how businesses and residents Mayor Buffa stated that there never has been a formal statement made indicating that residency is required to serve on most citizens committees, and that some committees consist of people living outside the City. In fairness to the individuals applying, he recommended that if a residency requirement is desired, a formal policy statement should be made and advertised as such when these positions become available. The motion carried 4-1, Mayor Buffa voting no. Shalimar Task The report and recommendations from the Shalimar Task Force Report Force were presented. The City Manager reported that the Shalimar Task Force is made up of staff members, representatives from County agencies, and Council members who have been working with property owners and tenants. to determine what could be done to rehabilitate and improve that particular neigh- borhood. He outlined his memorandum dated March 10, 1989, and attachments thereto which presents background information as well as several alternatives and related costs. He commented that present conditions and alternative recommendations will be presented by video tape and narrated by the Task Force consultant. Ed Henning, Edward Henning and Associates, 7731 South Painter Avenue, Whitter, Consultant, stated that after Council direction in October, 1987, a three -fold program with alarm systems will be notified that there is an ordinance which will effect them, and the City Manager outlined staff's plans for notifying those affected. MOTION On motion by Council Member Amburgey, seconded by Vice Ordinance 89-10 Mayor Hornbuckle, Ordinance 89-10, AN ORDINANCE OF THE Given First CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADD - Reading ING CHAPTER VIII, FOR THE REGULATION OF PRIVATE ALARM SYSTEMS, TO TITLE 11 OF THE COSTA MESA MUNICIPAL 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 Appointments to The Clerk presented a request to appoint two members to the Cultural the Cultural Arts Committee. Arts Committee Council Member Amburgey stated that three of the six applicants live outside the City and, in his opinion, as long as there are qualified people living in the City who wish to serve on committees, it would behoove Council to nominate them. MOTION A motion was made by Council Member Amburgey, seconded DiDomenico and by Council Member Glasgow, to appoint Maureen M. Lander Appointed DiDomenico and David A. Lander to the Cultural Arts Committee. Mayor Buffa stated that there never has been a formal statement made indicating that residency is required to serve on most citizens committees, and that some committees consist of people living outside the City. In fairness to the individuals applying, he recommended that if a residency requirement is desired, a formal policy statement should be made and advertised as such when these positions become available. The motion carried 4-1, Mayor Buffa voting no. Shalimar Task The report and recommendations from the Shalimar Task Force Report Force were presented. The City Manager reported that the Shalimar Task Force is made up of staff members, representatives from County agencies, and Council members who have been working with property owners and tenants. to determine what could be done to rehabilitate and improve that particular neigh- borhood. He outlined his memorandum dated March 10, 1989, and attachments thereto which presents background information as well as several alternatives and related costs. He commented that present conditions and alternative recommendations will be presented by video tape and narrated by the Task Force consultant. Ed Henning, Edward Henning and Associates, 7731 South Painter Avenue, Whitter, Consultant, stated that after Council direction in October, 1987, a three -fold program 3sa was orginated to resolve the concentration of deteriora- tion and code violations in the Shalimar Drive neighbor- hood between Wallace and Placentia Avenues. The three elements involved were to begin pro -active code enforce- ment activities in this area involving building, health, and fire safety codes; to pranote and package loans under the City's existing rental rehabilitation loan program; and to develop a conceptual architectural master plan to improve and unify the building facades in the neighborhood. Mr. Henning then presented for Council's review and direction, a video depicting the neighborhood as exterior conditions currently exist as well as exterior improvement alternatives and related costs covering 13 items. These alternatives were presented as three different categories: Level "A", recommended master plan treatment; Level "B", general compliance with current zoning codes; and Level "C", minimal compliance with health and safety codes. Vice Mayor Hornbuckle asked how the master plan design concept would be instituted as 100 percent participation would be required. The City Manager responded that this would be made a condition for the Community Development Block Grants (CDBG's) made by the City to the various property owners, as presented in staff's recommendation No. 2 on the Agenda. Vice Mayor Hornbuckle stated that cooperation has been received from several of the property owners and asked I f their input has been included in the proposed master plan. The City Manager responded that the Task Force has met with all property owners once in a general meeting where a video was presented of the conditions as they exist on the properties both inside and outside. At that time they were informed that it was the intent of Council to work in a cooperative manner with them as well as with the tenants. The Task Force has also met with the tenants. Peter Fyfe, 753 Shalimar Drive, Costa Mesa, stated that the property owners had one meeting with staff. He said since that time, everything that has been promised was made verbally, not in writing, and they have never been asked for input on the plans proposed by Ed Henning. He stated that property owners are working on their proper- ties and that he has made improvements without using CDBG funds. In response to a question posed by Vice Mayor Hornbuckle, Peter Fyfe stated that he has not made improvements to his property relative to those items listed in the plan presented but that he desired to cooperate in this endeavor. He expressed concern that the property owners' repair costs might exceed what they could recover in rental fees. Council Member Glasgow asked Peter Fyfe if he was able to monitor if a tenant subleases, and Mr. Fyfe stated that he personally does, but that in instances where there are absentee landlords, this is difficult to do. The Redevelopment Agency Principal Planner reported that for a property owner to qualify for a rental re- habilition loan, the funds must be distributed between both interior and exterior improvements. This program 1 addresses exterior improvements only. She stated that it is not possible to apply for CDBG funds until Council gives direction regarding improvements. Staff intends to meet with property owners to gain their input after this direction is obtained. Council Member Amburgey stated that one of the major concerns of the Task Force was assurance that once the rehabilitation occurs the neighborhood would not revert back to its present condition. He stated that after investigation, it was discovered that most of the problems involved over -occupancy of the units. The Principal Planner responded that the property owners receiving the loans would qualify for rental assistance to allow them to maintain certain levels of income while affording low rentals, and that the Orange County Hous- ing Authority would monitor the occupancy rates in the units. Exteriors would be monitored through either a maintenance association or on-site manager. The Housing and Community Development Administrative Assistant stated that the property owners obtaining loans would be required to sign agreements that they would rent to low income people for a minimum of seven years. They must also agree to maintain the units to meet housing quality standards set by the Orange County Housing Authority. Council Member Amburgey stated that it was Council's intent at the time the Shalimar Task Force was insti- tuted, to take whatever action necessary to rehabilitate that area. MOTION A motion was made by Council Member Amburgey, seconded Proceed with by Vice Mayor Hornbuckle, directing staff to proceed Exterior Improve- with Option Level "A" which is described in an attach- ments Option ment to the City Manager's memorandum dated March 10, Level "A" 1989, titled "Shalimar Drive Improvement Project Ten- tative Scope of Exterior Improvements and Cost Estimates Summary, February 22, 1989", and to continue to meet with the property owners in an attempt to obtain their concurrence, keeping in mind that without 100 percent participation, further action would be required by Council on how to proceed with the project. Vice Mayor Hornbuckle felt that this would be a good "example block" for other areas of the City in need of improvement. She was in favor of the Task Force meeting with the property owners. Council Member Genis supported most of the recommenda- tions outlined in Option Level "A" but felt that the extra costs for color coordination, decorative paving, and street entry widths would be extravagant and not justifiable. Council Member Glasgow supported striving for Option Level "A", adding that after discussions with property owners, modifications could be made if necessary. Mayor Buffa stated that this was basically the spirit in which he would support the motion. He was impressed with Option Level "A" as designed; to institute the plan but to have it provide a vision of the possibilities. He concurred with Council Member Genis in her concerns regarding color coordination and textured entryways. Council Member Glasgow asked that requests made by the City to the property owners be in writing. however, it was not his intent in supporting the motion to institute the plan but to have it provide the City with a vision of possibilities. Vice Mayor Hornbuckle stated she supports some cosmetic improvement because visual blight has been the major problem on Shalimar Drive. The motion carried 5-0. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by CDBG Funds Council Member Amburgey, to authorize staff to establish Authorized and implement a low interest loan program of up to $15,000.00 per property from Community Development Block Grant (CDBG) funds, and to authorize additional CDBG funds to pay for proposed improvements in the public 'right-of-way on Shalimar Drive. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MIIKBERS: None ABSENT: COUNCIL MEMBERS: None Rate of Pay for Item No. 16 on the Consent Calendar was presented: A Risk Manager resolution adopting and establishing the rate of pay for a Risk Manager. Council Member Glasgow requested more information regarding this position. The City Manager outlined the responsibilities for the Risk Manager position. This person would be assigned to the City Attorney's office and is a position included in the current year's fiscal budget. He added that a presentation on the City's current liability insurance situation and risk management is scheduled for discus- sion at the March 27, 1989, study session. He stated that there is no intention to hire a Risk Manager until a Risk Management Progran has been presented to Council. MOTION On motion by Council Member Amburgey, seconded by Vice Resolution 89-99 Mayor Hornbuckle, Resolution 89-99, A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING RESOLUTION NO. 89-4 AND ADOPTING AND ESTABLISH- ING THE RATE OF PAY FOR AN EXECUTIVE CLASSIFICATION, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY MANAGER A status report on relocation of the Soup Kitchen at Rea REPORT Center was presented. Soup Kitchen The City Manager outlined what has transpired thus far with regard to a new site for the Soup Kitchen as shown in a memorandum from staff dated March 15, 1989, and attachment thereto. He requested further direction if Council desires to proceed in a different manner from that which is currently being pursued. Council Member Glasgow recommended investigating use of the Fairgrounds as a possible relocation site through the Fairgrounds Liaison Committee. Vice Mayor Hornbuckle suggested preparing the soup at the current location and serving it at the Job Center. The City Manager reported that the problems do not arise from the preparation of the soup but from serving it. 1 Council Member Amburgey was not in favor of using the Job Center for this purpose unless all surrounding property owners were contacted and in agreement with that site being utilized for that purpose. He stated that when the property owners were contacted with regard to the Job Center, approval for it was gained by assur- ing them that it would be open from 6:00 a.m. to 10:00 a.m., and that only legally documented citizens would be admitted to it. Council Member Amburgey reported that he and Mayor Buffa have met with representatives of the Community Develop- ment Council (CDC) regarding possible available sites for relocation of the Soup Kitchen and the potential relocation of Share Our Selves (SOS). They have an under-utilized building in an industrial area in North Costa Mesa and permission to use this building will be requested from the CDC's Board of Directors. Vice Mayor Hornbuckle commented that now that the record indicates the impacts created by the Job Center are minimal, perhaps the surrounding property owners would be amenable to relocating the Soup Kitchen to that site. Mayor Buffa stated that at this time no one is prepared to make a clear-cut recommendation as to a relocation site for the Soup Kitchen and recommended that staff present another report for the next Council meeting. The City Manager advised that staff will continue to keep Council updated on the progress of this item and that unless another City facility is considered, Council approval may not be required for the relocation. Council Member Glasgow stated that a newspaper reported that the City is forcing the Soup Kitchen to move and felt it important to mention that this was a voluntary request made by the Director of the Soup Kitchen. ORAL Ed Haubelt, 17092 Pinehurst Lane, Huntington Beach, COMMUNICATIONS presented Council with a diagram of the Pacific Electric Railway System which serviced Southern California at one Light Rail time. He spoke in support of reinstituting a light rail System system to alleviate traffic from the freeway system. Schuda Stan Schuda, 2895 Palau Place, Costa Mesa, spoke in Comments opposition to locating the Soup Kitchen at the Job Center and recommended pursuing the Community Develop- ment Council site. He also spoke in favor of pursuing the. plan for cleaning up Shalimar Drive, and supported a light rail system. Soup Kitchen Lee Littrell, 2054 Meyer Place, Costa Mesa, addressed Relocation the relocation of the Soup Kitchen from Rea Center, and did not realize that the. Director of the Soup Kitchen had volunteered to relocate it. Mayor Buffa and Council Member Amburgey clarified this for him. COUNCIL MEMBERS Council Member Genis mentioned that merchants had COMMENTS expressed concern regarding medians on Harbor Boulevard at the time the contract was awarded for the Harbor/ Harbor/Maple Storm Maple Storm Drain project, and staff was directed to Drain Project meet with the merchants regarding the medians. She Medians requested a report from staff detailing the progress since that time. CDBG Funds Council Member Genis referenced a letter received from County Supervisor Rodger Stanton regarding cities' contributing a portion of their Community Development Block Grant funds for a Countywide housing fund. She requested notification as to whether the City has CDBG funds which could be made available for this. Air Quality Council Member Genis stated that an Air Quality Manage - Management Plan ment Plan was adopted. She requested that the City take a leadership role to alleviate air pollution by encourag- ing car pooling and that incentives be considered for employees who do so. She also requested that the City discontinue the use of non -biodegradable styrofoam cups. Recruitment for, Council Member Genis said she was pleased to see that City Personnel the City will be recruiting for a Public Services . Director but commented that there are rumors within the community that some ccmpetent people are not applying to the City because of the political situation. She re- quested that an ordinance be considered which would indicate that as long'as someone is performing to the best of their professional abilities, their position would not be jeopardized for political reasons. Notification Council Member Glasgow addressed several improvement Regarding projects within the City which have created problems Improvement within the community in that citizens have indicated Projects improper notification and requested staff to improve the method of notifying the community regarding improvement projects. RECESS The Mayor declared recess at 9:05 p.m., and the meeting reconvened at 9:15 p.m. Agenda Back Up Vice Mayor Hornbuckle addressed back-up papers provided Papers for Council Agenda items and stated that copies of contracts were not necessary as long as staff's memoran- da describe the scope of the work. Video Mayor Buffa expressed appreciation to staff for the Presentation video presentation which assisted in Council's under- standing of the proposal presented regarding Shalimar Drive. Air Pollution/ Mayor Buffa commented that the solution to solving the Traffic Congestion air pollution problems in Southern California is to solve traffic congestion. Fairview Park Mayor Buffa stated that a letter has been received from Renaming Request the Fairview Park Committee requesting reconsidering the 'renaming of Fairview Park, MOTION A motion was made by Mayor Buffa, seconded by Vice Mayor Place Item on Hornbuckle, to consider the request from the Fairview Study Session Park Committee regarding renaming Fairview Park at a study session. Council Member Amburgey felt that enough time has been spent on this item and that no new information is being presented by the Fairview Park Committee to warrant it being placed on a study session agenda. Vice Mayor Hornbuckle said that a City Advisory Committee is disturbed about the manner in which their advice is being perceived and felt that a study session format would be a good manner in which to discuss the differ- ences in perception. Council Member Amburgey stated he would be pleased to attend a Fairview Park Committee meeting for the purpose of discussing this request. 1 17 IL 1 II Council Member Glasgow spoke in opposition to spending more time regarding this item. The motion carried 3-2, Council Members Amburgey and Glasgow voting no. ADJOURNMENT The Mayor declared the meeting adjourned at 9:25 p.m. Mayor of the City o osta Mesa ATTEST C ty Clerk of the City of Cos Mesa 0i