Loading...
HomeMy WebLinkAbout04/03/1989 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA APRIL 3, 1989 The City Council of the City of Costa Mesa, California, met in regular session April 3, 1989, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by the Reverend Galal Cough, First United Methodist 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 Deputy City Manager/Develop- ment Services Donald Lamm Assistant to the City Manager Rick Pickering Finance Director Robert Oman Deputy City Clerk Mary Elliott MINUTES On motion by Vice Mayor Hornbuckle, seconded by Council March 7, and Member Amburgey, and carried 5-0, the minutes of the March 20, 1989 special meeting of March 7, 1989, and regular meeting of March 20, 1989, were approved as distributed. ORDINANCES A motion was made by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, to read all ordinances by title only. CONSENT CALENDAR One item was removed from the Consent Calendar: Item 2, Reading Folder Paragraph 4, letter from Nancy Reaves 'regarding smoking regulations in restaurants. On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None WRITTEN On motion by Vice Mayor Hornbuckle, seconded by Council COMMUNICATIONS Member Amburgey, Resolution 89-100, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Records Destruc- AUTHORIZING RECORDS DESTRUCTION FOR THE PUBLIC SERVICES tion for the Public DEPARTMENT OF THE CITY OF COSTA MESA, PURSUANT TO ORDI- Services Department NANCE NO. 75-60, was adopted by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Resolution 89-100 Amburgey, Genis, Glasgow Adopted NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, and carried 5-0, the following Reading Folder items were received and processed: 1 Claims Claims received by the City Clerk: Harold Alzate; Dan Buie; Phyllis Bradley; Datsa-Toyota; Eric B. Gumpert; Fred Hall; John Henry; Kimberley E. Lafrance; and John J. Nicholas. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Licenses Ard Keuilian, doing business as Harbor/Fair Exxon Corner Market, 2502 Harbor Boulevard; Anh Ngoc and Phung Thi Nguyen, doing business as Party Time Liquor, 1548 Adams Avenue, Suite A; Kamlesh and Rekha Patel, doing business as L & M Dairy., 1712 Santa Ana Avenue; and China Cove Corporation, doing business at 2642 Newport Boulevard. Public Utilities Notice from the Public Utilities Commission that Commission Application No. 89-03-023 was received from Southern California Edison Company to increase certain billing factors and to terminate its conservation load manage- ment adjustment clause. Ban on Assault Letter from the Orange County Human Relations Commis - Weapons sion urging Council to support a ban on the sale and possession of semi-automatic, military -style assault weapons. - WARRANTS On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, Warrant Resolution 1425, including MOTION Payrolls 8906 and 8906A, and Warrant Resolution 1426, Warrants 1425 and were approved by the following roll call vote: 1426 Approved AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None REJECTED CLAIMS On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, and carried 5-0, the claim from Daniel Bohn J. Bohn was rejected. Rickles On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, and carried 5-0, the claim from Jacque Rickles was rejected. Rubin On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, and carried 5-0, the claim from Gary E. Rubin was rejected. ADMINISTRATIVE Bids received for Bid Item No. 844, One Personal ACTIONS Computer, are on file in the Clerk's office. On motion by Vice Mayor Hornbuckle, seconded by Council Member Bid Item No. 844 Amburgey, the contract was awarded to Valcom Computer Personal Computer Center, 17517 Von Karman Avenue, Irvine, for $5,625.42. The motion carried by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Awarded to Valcom Amburgey, Genis, Glasgow Computer Center NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item No. 845 Bids received for Bid Item No. 845, Remove Two Under - Remove and Replace ground Petroleum Storage Tanks and Install One New Tank Underground Tanks at at Fire Station No. 3, are on file in the Clerk's Fire Station No. 3 On motion by Vice Mayor Hornbuckle, seconded __office. by Council Member Amburgey, the contract was awarded MOTION to Tank Protect Engineering, Incorporated, 2730 South Awarded to Tank Harbor Boulevard, Unit A, Santa Ana, for $20,995.00. Protect Engineering The motion carried by the following roll call vote: A 0 Bid Item No. 846 Truck with Special Body MOTION Awarded to Los Angeles Freight Liner/GMC AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow None None Bids received for Bid Item No. 846, One Truck with Special Body, are on file in the Clerk's office. On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, the contract was awarded to Los Angeles Freight Liner/GMC, 1126 East Washington Avenue, Santa Ana, for $26,119.46. The motion carried by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Signal Modifications Bids received for Modification of Traffic Signals at at Placentia/ Placentia Avenue/Estancia High School (Northerly Drive - Estancia High and way) and at Fair Drive/Loyola Road are on file in the at Fair/Loyola Clerk's office. On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, the contract was MOTION awarded to Signal"Maintenance, Incorporated, 2720 East Awarded to Signal Regal Park Drive, Anaheim, for $93,346.00. The motion Maintenance carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Admitting City of A motion was made by Vice Mayor Hornbuckle, seconded by Ilona Point to the Council Member Amburgey, to adopt Resolution 89-101, A San Joaquin Hills RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Transportation MESA, CALIFORNIA, AUTHORIZING ADMITTANCE OF THE CITY OF Corridor Agency DANA POINT TO THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY. The motion carried by the following MOTION roll call vote: Resolution 89-101 AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Adopted Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Landscaping Assess- A motion was made by Vice Mayor Hornbuckle, seconded by ment District No. 1 Council Member Amburgey, to adopt Resolution 89-102, A Tracts 9901 and RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, 12011 CALIFORNIA, INITIATING PROCEEDINGS FOR RENE6\,L OF CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT NO. 1, MOTION Tracts 9901 and 12011, located south of Sunflower Avenue Resolution 89-102 and east of Smalley Read. The motion carried by the Adopted following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Landscaping Assess- A motion was made by Vice Mayor Hornbuckle, seconded by ment District No. 2 Council Member Amburgey, to adopt Resolution 89-103, A Tract 10513 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, INITIATING PROCEEDINGS FOR RENEWAL OF CITY MOTION OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT NO. 2, Resolution 89-103 Tract 10513, located west of Bear Street and north of Adopted Route 73. 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 New Classification Staff recommended establishing a new City classifica- Established/Clerk tion of Clerk of the Sanitary District. On motion by of the Sanitary Vice Mayor Hornbuckle, seconded by Council Member District Amburgey, Resolution 89-104, A RESOLUTION OF THE CITY COUNCIL.OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING MOTION RESOLUTION NO. 88-66 AND ADOPTING AND ESTABLISHING A Resolution 89-104 RATE OF PAY FOR A NEW CITY CLASSIFICATION, was adopted Adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Section 8 Federal A motion was made by Vice Mayor Hornbuckle, seconded by Housing Assistance Council Member Amburgey, to adopt Resolution 89-105, A Program RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REGARDING CONTINUATION OF THE SECTION MOTION 8 FEDERAL HOUSING ASSISTANCE PROGRAM. The motion car - Resolution 89-105 ried by the following roll call vote: .Adopted AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Request for Refund from C. Segerstrom/Home Ranch MOTION Refund Approved A request for refund of $103,345.50 was received from J. C. J. Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, in connection with fees paid for the Home Ranch Project which was rejected by referendum. On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, the refund was approved by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow None None Request for Refund A request for refund of $10,000.00 was received from frau Pakfar/Improve- Hooshang Pakfar, 12939 Cranleigh Street, Cerritos, since ments on Church landscaping has been completed at 1961-1963 Church Street Street. On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, the refund was approved by the MOTION following roll call vote: Refund Approved AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Final Map for The Final Map was presented for Tract No. 13525, Randy Tract No. 13525 Ziegler, developer, 1501 Kings Road, Newport Beach; one Ziegler lot, 0.50 -acre, located at 2547 Orange Avenue. On motion by Vice Mayor Hornbuckle, seconded by Council MOTION Member Amburgey, the map was approved; the Council did Map Approved accept on behalf of the public a five-foot easement on Orange Avenue for street purposes; did also accept on behalf of the City of Costa Mesa an ingress/egress ease- ment for emergency and security vehicle purposes as dedicated; approved said map pursuant to the provisions of Section 66436(a)(3)(A) of the Subdivision Map Act; and the Clerk was authorized to sign the map on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Adult Newspapers A letter was received from Wendy Leece, Lee Ann John, and Magazines and Stanley John, Citizens Involved for Costa Mesa, Post -0' The Deputy City Manager/Development Services reviewed staff's memorandum dated March 27, 1989, and the Staff Report. The Planning Commission approved the project and modified the conditions to allow a maximum of three tow trucks and two service vehicles to be stored at the 'rear of the building between 8:00 p.m. and 6:00 a.m. Otherwise, the building is to be used for office and dispatch purposes only. The Planning staff recommended denial. Hayward LaCrone, Attorney at Law, 1810 North Broadway, Santa Ana, representing the applicant, reported that the tow truck business would be operated off-site, and only dispatching of trucks would be done at the subject site. Mr. LaCrone stated that trucks will not leave or return with towed vehicles, and no tow trucks will be parked at the site during the day. He mentioned that adjacent property owners have indicated their support of the application. Ilnil DeCoster, owner of the towing business, while answering questions from Council, explained the terms of his contract with Automobile Club of Southern California (AAA), stating that AAA bases its selection of towing services on the location of the dispatch office; that when tow truck drivers are "on call", they park at vari- ous locations throughout the City until a call comes in for towing services. There being no other speakers, the Mayor closed the public hearing. Council Member Amburgey reported on his visit to the site, and his conversation with Mr. Morsaint of Hinne- winkel Construction concerning the applicant's trucks being parked in front of adjacent businesses. Council Member Amburgey expressed his opinion that the site was not an appropriate location for a towing agency. MOTION A motion was made by Council Member Amburgey to deny PA -89-09 Planning Action PA -89-09, based on staff's analysis and Denied findings contained in the Staff Report, and directing the applicant to vacate the property within 30 days of Council action. The motion was seconded by Council Member Glasgow, and carried 4-1, Vice Mayor Hornbuckle voting no. 11 Office Box 2045, Costa Mesa, containing recommendations MOTION for removal of adult newspapers from newsracks and to Referred to Staff keep adult magazines out of the hands of minors. On for a Report motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, and carried 5-0, this item was referred to the City Manager and City Attorney for a report. PUBLIC HEARING The Deputy Clerk announced that this was the time and Council Review of place set for the public hearing for Council review of PA -89-09 the Planning Commission's approval of Planning Action -- De Coster/Rohrs PA -89-09, Emil R. De Coster, authorized agent for Marvin M. Rohrs, 113 Grand Canal, Balboa, for a Conditional Use Permit to allow an auto towing business in a commercial building at 2648 Newport Boulevard, in a C2 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. A communication was received from Dale L. Morsaint, Hinnewinkel Construction, Incorporated, 2664 Newport Boulevard, Suite 200, opposing the application. The Deputy City Manager/Development Services reviewed staff's memorandum dated March 27, 1989, and the Staff Report. The Planning Commission approved the project and modified the conditions to allow a maximum of three tow trucks and two service vehicles to be stored at the 'rear of the building between 8:00 p.m. and 6:00 a.m. Otherwise, the building is to be used for office and dispatch purposes only. The Planning staff recommended denial. Hayward LaCrone, Attorney at Law, 1810 North Broadway, Santa Ana, representing the applicant, reported that the tow truck business would be operated off-site, and only dispatching of trucks would be done at the subject site. Mr. LaCrone stated that trucks will not leave or return with towed vehicles, and no tow trucks will be parked at the site during the day. He mentioned that adjacent property owners have indicated their support of the application. Ilnil DeCoster, owner of the towing business, while answering questions from Council, explained the terms of his contract with Automobile Club of Southern California (AAA), stating that AAA bases its selection of towing services on the location of the dispatch office; that when tow truck drivers are "on call", they park at vari- ous locations throughout the City until a call comes in for towing services. There being no other speakers, the Mayor closed the public hearing. Council Member Amburgey reported on his visit to the site, and his conversation with Mr. Morsaint of Hinne- winkel Construction concerning the applicant's trucks being parked in front of adjacent businesses. Council Member Amburgey expressed his opinion that the site was not an appropriate location for a towing agency. MOTION A motion was made by Council Member Amburgey to deny PA -89-09 Planning Action PA -89-09, based on staff's analysis and Denied findings contained in the Staff Report, and directing the applicant to vacate the property within 30 days of Council action. The motion was seconded by Council Member Glasgow, and carried 4-1, Vice Mayor Hornbuckle voting no. 11 A0 PUBLIC HEARING The Deputy Clerk announced that this was the time and Acquisition of place set for the public hearing to consider Resolutions Properties for of Necessity to condemn properties for the Victoria Victoria Street Street Improvement project between Canyon Drive and Improvements Harbor Boulevard. A list of properties being considered for acquistion, along with the owners' names, addresses of the properties, and assessor parcel numbers, are included with the Agenda and is on file in the Clerk's office. Letters were mailed to the property owners advising them of the time and place of the meeting. Letters were received from the following property owners stating that they wished to speak at the public hearing: Jim Huffine, owner of property at 2150 Maple Street; Ramezan and Fatemhe Nouri, owners of property at 570 and 575 Victoria Street. The Assistant to the City Manager summarized staff's memorandum dated March 6, 1989, which contains a chrono- logy of the Victoria Street Project. He pointed out that the primary issue to be considered is the City's right to acquire property under Government Code Section 7267 and Streets and Highways Code Section 1240, not negotiations for acquiring the properties nor their related values. The Assistant reported that staff has withdrawn Parcels No. 62 and No. 74 because of certain time constraints imposed by the appraisal process, and these parcels will be brought back to Council at a later date. He stated that Parcel No. 54 will be a full take rather than a partial take as indicated on the afore- mentioned list. Huffine Property Jim Huffine, owner of property at 2150 Maple Street, (Parcel No. 54) expressed his preference for a partial take of his property. He also commented that .the City has not offered him the fair market value for the site. Diggins Property Gladys Diggins, owner of property at 2151 American Avenue, expressed her opinion that the offer made by the City was not adequate. There being no other speakers, the Mayor closed the public hearing. Responding to questions from Council, the Assistant to the City Manager confirmed that adoption of the Resolutions of Necessity does not preclude ongoing negotiations with the property owners. MOTION A motion was made by Council Member Amburgey, seconded Resolutions by Vice Mayor Hornbuckle, to adopt Resolutions 89-106 89-106 through through 89-124, for each of 19 properties shown on the 89-124 Adopted list included with the Agenda (except Parcels No. 62 and No. 74), each Resolution being entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN REAL PROPERTIES FOR PUBLIC USE AND AUTHORIZING AND DIRECTING CONDEMNATION", based on the following findings: 1. That public interest and necessity require that the project is in accordance with the Master Plan of Streets and Highways as adopted by the City of Costa Mesa City Council and most recently revised 411,118 November 21, 1988, and that the City has imple- mented the project in order to create an uncon- gested and fluid flow of traffic throughout the area. 2. That the City staff has reviewed several alternate plans for the widening of Victoria Street and by virtue of adopting the subject alignment, the project is designed in a manner that requires the least amount of property taken and at the same time affects the least amount of property owners, thereby making this alignment the alternative that will be most compatible with the greatest good and the least private injury. 3. That, as a consequence to and in conjunction with the aforementioned facts, the attached described properties are necessary for the proposed project and their acquisition is only for that portion of the property actually required for the fabrication of the Victoria Street project. 4. The acquisition of said real properties are neces- sary for the project; and 5. The offer required by Section 7267.2 of the Government Code has been made to the owner or owners of record. Council Member Genis announced that she would not be supporting the motion because she was not convinced that this is the only alternative. The motion to adopt the Resolutions of Necessity carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Glasgow NOES: COUNCIL MEMBERS: Genis ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Deputy Clerk announced that this was the time and Fees for Planning place set for the public hearing to consider an ordi- Services nance amending Titles 5 and 13 of the Costa Mesa Municipal Code to include provisions for establishing planning services fees by Council resolution. The Affidavit of Publication is on file in the Clerk's office. No communications were received. The City Manager reviewed staff's memorandum dated March 30, 1989, and attachments. Council Member Amburgey referred to the Planning Divi- sion Processing Fee Schedule, specifically the fee for General Plan Amendments which is "$725.00 plus $75.00 per acre if in excess of 10 acres". He asked whether there were increased staff time and paperwork for a site larger than 10 acres. The Deputy City Manager/Develop- ment Services explained the additional costs for larger projects. Council Member Genis suggested clarifying the fee for General Plan Amendments, for instance, $750.00, plus $75.00 for each acre over 10 acres. Council Member Genis stated that the new fees are not excessive when compared to other agencies. Mayor Buffa asked if there would be a statutory problem with establishing a separate fee schedule for homeowners, for example, when they apply for a variance for non- income property. The City Attorney responded that the City can only charge for the cost of processing an application; therefore, if the fee were reduced for certain applicants, the City must provide appropriate rationale. Mayor Buffa was concerned about charging homeowners $195.00 to file an appeal on not-for-profit properties. Vice Mayor Hornbuckle mentioned that any citizen can make a request to any Council Member to file an appeal, and in that case, there would be no fee. At the request of Vice Mayor Hornbuckle, the Finance Director gave a brief explanation of the percentage of recovery for Planned Developments as shown on the attachment, "Development Services User Fee Recommenda- tions". Sid Soffer, 900 Arbor Street, Costa Mesa, spoke about variances in general, fees for appeals and variances, and future changes to the Sign Ordinance. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Ordinance 89-11 Council Member Glasgow, to give first reading to Ordi- Given First nance 89-11, AN ORDINANCE OF THE CITY COUNCIL OF THE Reading CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLES 5 AND 13 OF THE MUNICIPAL CODE TO INCLUDE PROVISIONS FOR ESTABLISHING FEES FOR PLANNING SERVICES BY CITY COUNCIL RESOLUTION. Mayor Buffa stated that he would be opposing the motion because of his preference for a reduced fee for home- owners, especially the fee for filing an appeal, when the application concerns not-for-profit properties. AMENDED MOTION Vice Mayor Hornbuckle amended her motion by adding a Staff Directed request to the City Attorney to research the possibility to Investigate of establishing a lower fee for homeowners. The amended Lower Fee for motion was seconded by Council Member Glasgow, and car - Homeowners ried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Amburgey, Conis, Glasgow NOES: COUNCIL MEMBERS: Buffa ABSENT: COUNCIL MEMBERS: None Responding to Vice Mayor Hornbuckle's inquiry, the City Attorney recommended adopting the fee schedule resolu- tion when Ordinance 89-11 is given second reading. PUBLIC HEARING The Deputy Clerk announced that this was the time and Weed Abatement place set for the public hearing to consider a resolu- tion authorizing the Fire Chief or his designee to proceed with weed abatement. The City Manager reported that the Fire Marshal has identified those locations which require weed abatement, and by adopting the resolution, the Fire Marshal will be able to obtain bids for rubbish and weed removal so that the work can be completed prior to July 4 celebrations. The City Manager mentioned that all property owners have been notified and will have the opportunity to clear their lots prior to the City's going on-site to do the work and billing them for the service. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, mentioned that to his knowledge, the entrance to Canyon Park on Arbor Street has been on the weed abatement list for the past 10 years, and asked when the park was going to be improved as a wilderness park. There being no other speakers, the Mayor closed the public hearing. Council Member Amburgey concurred with Mr. Pizarek's comments, and stated that weeds and rubbish on City properties should be removed before the weed abatement program is presented to Council. At the request of Vice Mayor Hornbuckle, the City Manager reported on the difficulty the City has been encountering for the past four years in attempting to process the plans for_ Canyon Park through the State Coastal Commission. He stated that the commission has delayed the entire project because of a small 1,000 - square -foot area within the park which happens to be within the coastal zone. The City Manager mentioned that the Coastal Commission staff has rejected every plan submitted by the City; however, it appears that the latest revised plan will be acceptable. MOTION On motion by Council Member Glasgow, seconded by Vice Resolution 89-125 Mayor Hornbuckle, Resolution 89-125, A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, INSTRUCTING AND AUTHORIZING THE FIRE CHIEF OR HIS DESIG- NEE TO PROCEED WITH THE REMOVAL OF WEEDS AND RUBBISH, was adopted 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 Deputy Clerk presented Ordinance 89-8 for second Regulations for reading and adoption. The ordinance addresses resi- the Residential dential rear yard setback, open space definition, and Zone accessory structure height. The Deputy City Manager/Development Services referenced staff's memorandum dated March 29, 1989, which clarifies the ordinance regarding the rear yard setback standard. He reported that the new wording allows for up to 25 percent of the required rear yard (measured from side property line to side property line) to be covered by a single -story home which does not exceed 15 feet in height and is at least 10 feet from the rear property line. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, spoke in support of the ordinance. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that with the higher fees being adopted by the City, there will be more reason to amend some of the City's ordi- nances. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council ordinance 89-8 Member Amburgey, Ordinance 89-8, AN ORDINANCE OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REGARDING RESIDENTIAL REAR YARD SETBACK, OPEN SPACE DEFINITION AND ACCESSORY STRUCTURE HEIGHT, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow None None Order of Business The Deputy Clerk presented amended Ordinance 89-9 for at Council Meetings first reading. The ordinance provides for the order of business at Council meetings to be amended by Council resolution. The Deputy Clerk also presented a resolution regarding Council meeting procedures. Responding to a question from Sid Soffer, 900 Arbor Street, Costa Mesa, the Mayor explained that the procedure for extension of a speaker's time under Oral Communications is detailed in the aforementioned resolu- tion. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Amended Ordinance Member Glasgow, amended Ordinance 89-9, AN ORDINANCE OF 89-9 Given First THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading CONCERNING THE ORDER OF BUSINESS AT COUNCIL MEETINGS, 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 MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Resolution 89-126 Member Glasgow, Resolution 89-126, A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONCERNING COUNCIL MEETING PROCEDURES, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Regulations for The Deputy Clerk presented Ordinance 89-10 for second Private Alarm reading and adoption. The ordinance amends the Costa Systems Mesa Municipal Code by adding regulations for private al arm , systems . Sid Soffer, 900 Arbor Street, Costa Mesa, asked if permits were required for alarm systems. The City Manager responded that in the majority of cases, no permits are needed. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Ordinance 89-10 Member Amburgey, Ordinance 89-10, AN ORDINANCE OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING CHAPTER VIII, FOR THE REGULATION OF PRIVATE ALARM SYSTEMS, TO TITLE 11 OF THE COSTA MESA MUNICIPAL CODE, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Canis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Parking Prohibition The Deputy Clerk presented a resolution prohibiting on East 20th Street parking on East 20th Street between Newport Boulevard and Orange Avenue on Wednesdays from 8:00 a.m. to 11:00 a.m. for street sweeping. The Assistant to the City Manager summarized his memor- andum dated March 23, 1989. He reported that at the Council meeting of January 16, 1989, staff was directed to conduct a survey of households and businesses front- ing ronting East 20th Street to determine their positions on posting parking prohibition signs for street sweeping. Of the 48 responses received, 31 were opposed to the restriction, and 16 were in favor of it. Responding to Vice Mayor Hornbuckle's question, the Assistant to the City Manager reported that in addition to sweeping the street for aesthetic purposes, it also prevents clogging of storm drains. Vice Mayor Hornbuckle asked if there were any problems with flooding on East 20th Street, and the City Manager replied negatively. Elizabeth Hoevel, 144 East 20th Street, was in favor of posting no -parking signs for street sweeping. Ron Staugaard, 1998 Rosemary Lane (corner of East 20th Street) , commented that if the majority of those sur- veyed oppose the parking restriction, then the resolu- tion should not be adopted. Lou Taylor, one of the owners of property at 133 East 20th Street, supported the parking restriction and asked that citations be issued to those who do not comply. Mark Bandeventure, tenant at 130 East 20th Street, sug- gested sweeping each side of the street during alternate weeks. He was opposed to the parking restriction as proposed. Roy Waltze, 140 East 20th Street, submitted photographs of East 20th Street during street sweeping hours. He commented that the residents are paying for services which they are not receiving, and asserted that the street was being used as a parking lot. Bonnie Clark, 124 East 20th Street, commented that she has no problem removing three vehicles from the street during street sweeping hours. She supported the park- ing restriction and mentioned that she would appreciate receiving the service for which she is paying. During discussion, staff provided information regarding the surrounding streets on which signs are posted for street sweeping. Motion to Adopt A motion was made by Vice Mayor Hornbuckle, seconded by Resolution and Council Member Glasgow, to adopt a resolution prohibit- Amended rohibitAmended Motion ing parking on a portion of East 20th Street for street Overridden by sweeping purposes. After discussion concerning location Substitute Motion of the apartment units, Vice Mayor Hornbuckle amended the motion by adding a request to staff to investigate the possibility of alternating the times for sweeping each side of the street. SUBSTITUE MOTION A motion was made by Council Member Amburgey, seconded Continued to by Council Member Glasgow, to continue this item to April 17, 1989 April 17, 1989, which would provide an opportunity for Council Members to visit the site to determine if the problem can be resolved for both the single-family residents and the apartment tenants. The motion carried 3-2, Council Members Buffa and Hornbuckle voting no. 1 [ -I 1 L_ RECESS The Mayor declared a recess at 8:55 p.m., and the meet- ing eeting reconvened at 9:05 p.m. NEW BUSINESS The Deputy Clerk presented a request from the Child Care Funding for Child Committee for funding pursuant to the upcoming Child Care Conference Care Conference. Vice Mayor Hornbuckle reported that the lead agency sponsoring the conference is the U. S. State Department of Labor, and there will be discussion on employer - based, not government-sponsored, child care. She stated that the request is for less than $500.00 which will be used to pay for printing of 800 folders for conference material, and to pay the cost for four committee members to participate in the conference. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Funds Approved Member Amburgey, funds were approved for printing of the folders and to pay for four Child Care Committee members to participate in the conference. 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 Smoking Regulations Item 2, Reading Folder Paragraph 4, on the Consent in Restaurants Calendar was presented: Letter from Nancy Reaves, 2617 Willo Lane, Costa Mesa, requesting adoption of regula- tions for smoking and nonsmoking sections in restaurants. Council Member Glasgow felt it would be appropriate for staff to gather information for an ordinance which would address this subject. MOTION A motion was made by Council Member Glasgow, seconded by Referred to Vice Mayor Hornbuckle, referring this item to staff for Staff for Report a recommendation on adopting an ordinance. _-- Council Member Amburgey stated he would be opposing the motion because he felt private enterprise has the oppor- tunity to determine whether or not they want to provide designated smoking and nonsmoking areas, or if they want to ban smoking entirely based upon the desires of the public. Council Member Amburgey was opposed to govern- ment regulating private enterprise. Mayor Buffa opposed the motion, stating that although he appreciates restaurants who have smoking and nonsmoking areas, he was opposed to government intrusion into private enterprise. Vice Mayor Hornbuckle suggested that staff obtain data on the state's investigation of second hand smoke fall- ing into the category of toxic chemicals. Council Member Glasgow responded that he intended for staff to include that in their report. Council Member Genis stated that she would be supporting the motion. The motion carried 3-2, Council Members Amburgey and Buffa voting no. CITY ATTORNEY The City Attorney recommended settlement of Municipal REPORTS Court Case No. 86717, Bobby Gilbert Jr., dba B & J Tree Service v. City of Costa Mesa. Details of the settle- Gilbert/B & J ment are outlined in the Assistant City Attorney's Tree Service confidential memorandum dated March 27, 1989. MOTION A motion was made by Vice Mayor Hornbuckle, seconded Settlement by Council Member Glasgow, to approve the settlement Authorized agreement and mutual release, and authorizing execution thereof. 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 Shanks Claim The City Attorney recommended settlement of the Kevin Shanks claim per the Assistant City Attorney's memoran- dLun dated March 24, 1989. MOTION on motion by Council Member Glasgow, seconded by Vice Settlement Mayor Hornbuckle, the settlement was approved by the Authorized following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CCCM and CMRRG At the request of the City Attorney, the following law - Lawsuits Referred suits were referred to a closed session at the end of to Closed Session regular business: Concerned Citizens of Costa Mesa (OCSC Case No. 42-07-28); and Costa Mesa Residents for Responsible Growth (OCSC Case No. 52-54-40). CITY MANAGER The City Manager presented his request for clarification REPORT of Council's action on February 21, 1989, regarding pur- chase of property at 565-567 West 18th Street (Veterans Purchase of Memorial Hall/Probation Facilities). Veterans Hall/ Probation Build- The City Manager summarized his memorandum of March 31, ing Property 1989, reporting that at the February 21 Council meeting, Council authorized purchase of the subject site per the terms of the Purchase Agreement, and that document stipulates demolition of Veterans Memorial Hall prior to closing of escrow. He stated that Council Member Genis understood the motion to merely approve purchase of the property, and even though a great deal of discussion was held regarding whether or not the property should be purchased, as well as whether or not Veterans Hall should remain, the motion was quite specific in refer- encing the terms of the Purchase Agreement. In view of the above, the City Manager requested that Council clarify their intentions. Council Member Genis agreed that Council approved the purchase in accordance with the Purchase Agreement; however, prior to Council Member Glasgow's making the motion, he stated that his priority was to establish whether or not Council had any interest in buying the property, and if there were no interest, all the discus- sion about renovations and historical monuments would become moot. Because of his comment, Council Member Genis understood that it was the intent of Council Member Glasgow to first decide on purchasing the prop- erty, and make a determination later about demolishing or preserving Veterans Hall. Council Member Amburgey stated that it appears that Council definitely voted in favor of purchasing the property, and the only issue now is whether Veterans Hall should be demolished. Council Member Glasgow reported that by way of clarifi- cation, the intent of his motion was to purchase the L property and to make a determination regarding Veterans Hall at a later date. Motion to Relocate A motion was made by Council Member Amburgey, seconded Veterans and by Council Member Glasgow, to relocate the veterans to Demolish Veterans the Probation Facility and to proceed with demolition Hall Failed to of the Veterans Hall as outlined in the City Manager's Carry recommendation. Council Member Genis stated she would oppose any motion to demolish Veterans Hall. Council Member Amburgey canmented that the City cannot afford another historical building nor the cost of renovating this particular building. The motion failed to carry 3-2, Council Members Buffa, Hornbuckle, and Genis voting no. Motion to Cancel A motion was made by Mayor Buffa, seconded by Vice Mayor Purchase Agreement Hornbuckle, to cancel the purchase agreement for the Failed to Carry property. The motion failed to carry 3-2, Council Members Amburgey, Genis, and Glasgow voting no. ORAL Bob Hanson, 3261 Oregon Avenue, Costa Mesa, requested COMMUNICATIONS an explanation of the situation as it presently exists. Purchase of Mayor Buffa responded that Council's action of Febru- Veterans Hall ary 21, 1989, is still in effect, that is, to purchase Property the property per the terms of the Purchase Agreement, and the City Manager will continue to negotiate with the County of Orange. Responding to a question from Council Member Amburgey, the City Manager reported that from an age standpoint, Veterans Hall would probably qualify as a historical site; but if the building were so classified, there is a question as to whether it could be continued to be used for its current purpose. The City Manager stated that if, however, the building were substantially improved, it could continue to be used by the veterans. Motion to Demolish A motion was made by Council Member Amburgey to approve Building Died for staff's recommendation to negotiate with the County of Lack of a Second Orange to demolish the building and relocate the veterans to the Probation Facility. The motion died for lack of a second. Motion to Pursue A motion was made by Council Member Genis requesting Register Status staff to investigate the possibility of register status and Cost of for the Veterans Hall building, and to investigate the Renovation Died cost of improving the building for continued use, so for Lack of a that it could be determined whether the cost of renova- Second tion would be reasonable to pursue. The motion died for lack of a second. Council Member Genis pointed out that when a building is on the historic register, it is not subject to cer- tain current building codes although safety standards are not waived. Council Member Glasgow suggested asking the County to accept $10,000.00 less on the purchase price (cost of demolition) so that Council could make a decision later on whether or not to demolish the building. Sid Soffer, 900 Arbor Street, Costa Mesa, expressed his opinion on what Council should be addressing at this time. Motion to Relocate A motion was made by Council Member Amburgey, seconded Veterans and by Council Member Glasgow, to relocate the veterans to Demolish Veterans the Probation Facility and to proceed with demolition Hall Failed to of the Veterans Hall as outlined in the City Manager's Carry recommendation. Council Member Genis stated she would oppose any motion to demolish Veterans Hall. Council Member Amburgey canmented that the City cannot afford another historical building nor the cost of renovating this particular building. The motion failed to carry 3-2, Council Members Buffa, Hornbuckle, and Genis voting no. Motion to Cancel A motion was made by Mayor Buffa, seconded by Vice Mayor Purchase Agreement Hornbuckle, to cancel the purchase agreement for the Failed to Carry property. The motion failed to carry 3-2, Council Members Amburgey, Genis, and Glasgow voting no. ORAL Bob Hanson, 3261 Oregon Avenue, Costa Mesa, requested COMMUNICATIONS an explanation of the situation as it presently exists. Purchase of Mayor Buffa responded that Council's action of Febru- Veterans Hall ary 21, 1989, is still in effect, that is, to purchase Property the property per the terms of the Purchase Agreement, and the City Manager will continue to negotiate with the County of Orange. Mr. Hanson commented that he would be making a request to place this item on the next Council Agenda. Sid Soffer, 900 Arbor Street, Costa Mesa, gave his interpretation of the action taken by Council at the February 21 meeting. Lucien Bisson, 774 Allegheny Avenue, Costa Mesa, stated that the veterans could repair the building themselves and was confident that Costa Mesa residents would be willing to contribute to the effort. Carl Bureman, 447 Princeton Drive, Costa Mesa, stated that he found it hard to believe that Council would allow the loss of Veterans Hall without offering some alternatives. Canyon Park Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, reported Improvements that the Mesa West Homeowners Association are willing to assist in improving Canyon Park so that it can used by the citizens. Mayor Buffa responded that no improve- ments can be made until plans are approved by the State. Transition Zone Mr. Pizarek asked about the status of the Transition Zone. The City Manager responded that the program pro- posed for the Transition Zone will be coming forward by way of Council Policies in the General Plan Update. West Side Mr. Pizarek requested information on the status of the Clean Up West Side Cleanup Program. The Mayor suggested that Mr. Pizarek contact the City Manager's office for details. COUNCIL MEMBERS Council Member Genis made a suggestion to develop a COMMENTS policy addressing the matter of issuing building permits Building Permits/ after a development project is involved in litigation. Projects in She recommended discussing this item at some future Litigation Study Session. Using Garages Council Member Genis mentioned that the City has a for Parking requirement for the number of garage spaces, but there Vehicles is no requirement that those garage spaces must be available for vehicle use. Air Quality Council Member Genis referred to the Air Quality Manage - Management Plan ment Plan, and mentioned that in order to encourage car - (Car -pooling) pooling, the Department Heads offered to give up their designated parking spaces to those who car-pooled. She offered the use of her parking space between 8:00 a.m. and 5:00 p.m. to employees who car-pool, and encouraged other Council Members to do likewise. Conflict of Council Member Genis commented that at one time, Council Interest had discussed a Conflict of Interest Ordinance, and Ordinance stated that she would be sending a memorandum to Council regarding this matter. Veterans Hall Council Member Amburgey responded to earlier comments made by Carl Bureman, stating that City staff made every effort to assist the veterans in obtaining space for their activities. He urged everyone to work together to make the project work, and emphasized that Council wants to make sure the veterans are housed in a _decent building. ADJOURNMENT TO At 10:15 p.m., the Mayor adjourned the meeting to a CLOSED SESSION closed session in the first floor Conference Room to discuss the following lawsuits: Concerned Citizens CCCM and CMRRG of Costa Mesa (OCSC Case No. 42-07-28); and Costa Lawsuits Mesa Residents for Responsible Growth (OCSC Case No. 52-54-40). MEETING After reconvening the meeting at 11:50 p.m., a motion RECONVENED was made by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, authorizing reimbursement of $8,713.68 MOTION to Concerned Citizens of Costa Mesa for noise monitoring Authorized done by the County of Orange at the Pacific Amphitheatre. Reimbursement The motion carried by the following roll call vote: to CCCM AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Genis ADJOURNMENT The Mayor declared the meeting adjourned at 11:55 p.m. Mayor of the City osta Mesa ATTEST: . ty- Clerk- of -the City of Cos esa 1 r'