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HomeMy WebLinkAbout04/17/1989 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA April 17, 1989 The City Council of the City of Costa Mesa, California, met in regular session April 17, 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 Pastor Ruth Goodwin, Reorganized Churach of Jesus Christ of Latter Day Saints. 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: Deputy City Manager/Develop- ment Services Donald Lamm Assistant City Attorney Eleanor Frey Assistant to the City Manager Rick Pickering Assistant to the City Manager Ann.Gyben Finance Director Robert Oman City Clerk,Eileen Phinney MINUTES On motion by Vice Mayor Hornbuckle, seconded by Council April 3, 1989 Member Amburgey, and carried 5-0, the minutes of the regular meeting of April 3, 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, PRESENTATION Trudy Nuzum, Recreation Director, and President of the Mesa Jr. High "A" Orange County Municipal Athletic Association (OCMAA) Girls Basketball introduced the members of the Mesa Jr. High "A" Girls Team Basketball Team who won the City championships as well as the OCMAA tournament. She then presented the OCMAA perpetual plaque to the mayor. Ed Baldwin, Executive Director ofthe Southern Cali- fornia Athletic Federation (SCMAF) presented the SCMAF championship trophy to the Mayor. Mayor Buffa congratulated the team and expressed appre- ciation to them on behalf of the city. ORAL, William Polder, 1628 White Oak Place, Costa Mesa, COMMUNICATIONS submitted a letter which states that some of the trees planted in conjunction with the Mesa Verde Drive Loop Mesa Verde Drive project do not meet the standard landscape trade size Loop Trees requirements. Mayor Buffa requested staff investigate this matter and report their finding to Mr. Polder. Soup Kitchen In response to questions from Pat Schuda, 2895 Palau Relocation Place, Costa Mesa, regarding the Soup Kitchen moving from Rea Center, Mayor Buffa stated that a 90 -day relo- cation report will be prepared by staff which will .include a vehicular survey. 1 1 Janice Davidson, 1982 Arnold Avenue, Costa Mesa, stated that the relocation of the Soup Kitchen has not altered the situation within the neighborhood with the exception of cosmetic improvements. Gang Problems Richard Goldstein, 1981 Wallace Avenue, Costa Mesa, and Graffiti addressed gang and graffiti problems at Estancia High School and throughout the City, and requested that something be done about them. Mayor Buffa commented that this is a very serious issue and that he will personally contact the staff at Estancia High School as well as the School District Board regarding gang problems. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke about gangs and graffiti and felt that if the problems are not corrected immediately, they will be impossible to stop. Vice Mayor Hornbuckle reported that a study session was held regarding these items and that the Police Depart- ment epartment has a special unit devoted to working on gang problems. CONSENT CALENDAR The following items were removed from the Consent Calen- dar: Item No. 3, Set a public hearing for suspension of Certificates of Public Conveniences and Necessity for West Coast Cabs and Orange Coast Yellow Cab; Item No. 4, Set a public hearing for an ordinance amending Title 6 of the Municipal Code, and a resolution setting forth Police Department user fees; and Item 8(b), Change Order No. 8 in connection with Measure "C" Parkway Maintenance 1988-89. On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Council Member Amburgey, seconded by Vice Mayor Hornuckle, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Diane Kay Davis; Fairmont Insurance Company; Frank and Kim Lawrence; Southern California Gas Company; and Andrew Surina. Alcoholic Alcoholic Beverage Licenses for which parking has been Beverage approved by the Planning staff: Chu Yen Chen, Licenses Junliang J. Chen, Meei Ling Chen, Jane Li -Hui Kao, Ken Kuang H. Kao, Huei Y. W. Wu, and Kuo Liang Wu, doing business at 3170 Harbor Boulevard; Chung-Houng Chian, and YiHsia Chian, doing business at 512 West 19th Street; Cucina, Incorporated, doing business as Dezigns, 580 Anton Boulevard, Tom Do and Connie Nguyen, doing business as 7 Market, 2228 Newport Boulevard; Newport Rib Company, doing business at 2000 North Newport Boulevard; Donald L. Rogers, doing business as Sir Rogers Ltd., 670 West 17th Street, No. G-8; Scott's Restaurant, Incorporated, doing business as Scott's Seafood Grill & Bar, 3300 Bristol Street; and Smart & Final Iris Corporation, doing business as Smart.& Final Iris, 707 West 19th Street. Support of Letter from Mayor Wes Bannister, City of Huntington OCUTT Projects Beach, 2000 Main Street, Huntington Beach, supporting Costa Mesa's application for Orange County Unified Transportion Trust (OCUTT) Funds to improve traffic signal coordination between agencies. BUSINESS PERMIT Notice of Intention to Appeal or Solicit for Charitable Purpose was received from Veterans of Foreign Wars, Veterans of Coast Line Post No. 3536 and Auxiliary, 565 West 18th Foreign Wars Street, Costa Mesa, by selling Buddy Poppies on May 19 and 20, 1989. On motion by Council Member Amburgey, MOTION seconded by Vice Mayor Hornbuckle, and carried 5-0, the Permit Approved permit was approved with application of Municipal Code Section 9-229. 99J RANTS On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, Warrant Resolution 1427, including MOTION Payroll 8907, was approved by the following roll call Warrant 1427 vote: Approved AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None REJECTED CLAIMS On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claim from Hudgins Mildred Hudgins was rejected. La France On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claim from Kimberly La France was rejected. Makela On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claim from Henry Makela was rejected. Nicholas On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claim from John J. Nicholas was rejected. A & M Liquor On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claim from A & M Liquor was rejected. Chicago Beef On motion by Council Member Amburgey, seconded by Vice Station Mayor Hornbuckle, and carried 5-0, the claim from Chicago Beef Station was rejected. Dcmenico's On motion by Council Member Amburgey, seconded by Vice Ristorante Mayor Hornbuckle, and carried 5-0, the claim from Domenico's Ristorante was rejected. Green Burrito On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claim from Green Burrito was rejected. Fashion Fair On motion by Council Member Amburgey, seconded by Vice Laundry Mayor Hornbuckle, and carried 5-0, the claim from Fashion Fair Laundry was rejected. ADMINISTRATIVE ACTIONS/Bid Item Bids received for Bid Item No. 847, Computer Disk Drive, No. 847 Computer are on file in the Clerk's office. On motion by Council Disk Drive Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, all bids were rejected based on staff's MOTION analysis that the bids received do not meet specifica- Bids Rejected tions. 11 4 21 Change Order No. 7 Staff recommended approval of Change Order No. 7 for Damon Construction $88,656.00 to the contract with Damon Construction Company, 500 East Gardena Boulevard, Gardena, for the 1988-89 Annual 1988-89 Annual Parkway Maintenance Contract. The change Parkway Maintenance order is required for performing work which was deleted from the Measure "C" Parkway Maintenance contract and MOTION added to this contract to reduce the overall cost. On Change Order motion by Council Member Amburgey, seconded by Vice Approved Mayor Hornbuckle, 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 The 1988-89 Street Maintenance has been completed to the 1988-89 Street satisfaction of staff by Vernon Paving Company, 2544 Maintenance by Woodland Drive, Anaheim. On motion by Council Member Vernon Paving Amburgey, seconded by Vice Mayor Hornbuckle, the work was accepted; the Clerk was authorized to file a Notice MOTION of Completion; authorization was given to release Work Accepted remaining retention funds 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months there- after; and the Performance Bond was ordered exonerated 12 months thereafter. The motion carried by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Completion of Installation of an overhead traffic sign structure on Overhead Traffic Bristol Street south of Anton Boulevard has been com- Sign Structure on pleted to the satisfaction of staff by Modern Alloys, Bristol Street by Incorporated, 11172 Western Avenue, Stanton, under the Modern Alloys/ supervision of C. J. Segerstrcm and Sons, 3315 Fairview Segerstrom Road, Costa Mesa. On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, the improvements were MOTION accepted, and the Clerk was authorized to file a Notice Work Accepted of Completion. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Final Map for The Final Map was presented for Tract No. 13218, Hoshang Tract No. 13218 Moghaddam, developer, 18434 Santa Yolanda, Fountain Moghaddam Valley; one lot, 0.58 -acre, located at 132 Virginia Place, and 127 and 133 Cecil Place, for condominiums. MOTION On motion by Council Member Amburgey, seconded by Vice Map Approved Mayor Hornbuckle, the map was approved; the Council did accept on behalf of the City the three-foot easements for public utility purposes; did also accept the ingress/egress easement for emergency and security vehicle purposes as dedicated; and the Clerk was author- ized 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 Budget Adjustment On motion by Council Member Amburgey, seconded by Vice No. 89-86/Clarke Mayor Hornbuckle, Budget Adjustment No. 89-86 for Contracting Lawsuit $80,080.00, to provide an adequate appropriation to pay (A.D. 82-2) for legal work to David and DeGrazia, 24221 Calle de la Louisa, Suite 400, Laguna Hills, in conjunction with MOTION the Clarke Contracting lawsuit (Assessment District Adjustment Approved No. 82-2) was approved by the following roll call vote: Budget Adjustment No. 89-89/Bristol and Baker Streets Intersection Traffic Improvements MOTION Adjustment Approved AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow None None On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, Budget Adjustment No. 89-89 for $120,000.00, to construct Bristol/Baker Streets inter- section traffic improvements, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Dedication of Staff recommended approval of a six-foot utility ease - Utility Easement ment running 18 feet parallel to Placentia Avenue and to Southern 19 feet at a right angle at 2300 Placentia Avenue to California Edison Southern California Edison Company, Real Properties and Administrative Services, Post Office Box 2217, Fullerton. MOTION The easement is required to permit construction and Dedication maintenance of a new 12 -KV transformer. On motion by Approved Council Member Amburgey, seconded by Vice Mayor Hornbuckle, dedication of an easement 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 Vacation of Storm Drain Easement MOTION Resolution 89-127 Adopted Roberti-Z'Berg- Harris Funds for Fairview Park MOTION Resolution 89-128 Adopted Improvements to the Traffic Signal Network MOTION Resolution 89-129 Adopted On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, Resolution 89-127, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, VACATING A STORM DRAIN EASEMENT LOCATED 815.50 FEET NORTH OF PAULARINO AVENUE BETWEEN BRISTOL STREET AND THE ORANGE COUNTY FLOOD CONTROL DISTRICT "SANTA ANA -DELHI CHANNEL" RIGHT-OF-WAY, 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 Vice Mayor Hornbuckle, Resolution 89-128, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE 1989-90 ROBERTI-Z'BERG-HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM, FOR THE DEVELOPMENT OF FAIRVIEW PARK, A 200 ACRE PARK FACILITY, LCOATED WITHIN THE BOUNDARIES OF COSTA MESA, was adopted by the following 'roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, Resolution 89-129, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION TO INCLUDE WITHIN THE ORANGE COUNTY UNIFIED TRANSPORTA- TION TRUST (OCUTT) FUND IMPROVEMENTS TO THE TRAFFIC SIGNAL NETWORK, was adopted by the following roll call -vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow None None Emergency Construc- Staff recommended approval of an emergency construction tion Contract with contract with Kennedy Pipeline, 61 Argonaut Avenue, Kennedy Pipeline Laguna Beach, for $12,600.00 to remove and replace 37 feet of reinforced concrete pipe storm drain line on Replace Storm Drain West 17th Street between Pomona and Placentia Avenues. Line on .West 17th The emergency repair was required because the storm Street drain and street were collapsing. On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, the MOTION contract was approved by the following roll call vote: Contract Approved AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Conference Advance On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, Conference Advances for $600.00 each MOTION for two police officers to attend the DARE Program Advance Approved Seminar in Ins Angeles, April 2-14, 1989, were approved by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Set for Public The following Consent Calendar items to be set for Hearing public hearing were presented: Suspension of Item No. 3, Suspension of Certificates of Public Certificates of Convenience and Necessity for West Coast Cabs and Public Convenience Orange Coast Yellow Cab. Police Department Item No. 4, an ordinance amending Title 6 of the User Fees Municipal Code, and a resolution setting forth Police Department user fees. Items Trailed At the request of Vice Mayor Hornbuckle, Mayor Buffa trailed Consent Calendar Item No. 3 to be heard with Public Hearing Item No. 1, and Consent Calendar Item No. 4 to be heard with New Business Item No. 3. Change Order No. 8 Consent Calendar Item No. 8(b) was presented: Change B-1 Enterprise Order No. 8 for $29,433.69 to the contract with B-1 Enterprise Corporation, Post Office Box 714, Rancho Measure "C" Park- Cucamonga, in connection with Measure "C" Parkway way Maintenance Maintenance 1988-89. 1988-89 Vice Mayor Hornbuckle felt it important to mention that with the completion of this contract, a total of $1,639,304.56 has been expended on Measure "C" Parkway Maintenance over the last two years which represents 99.7 percent of Measure "C" funds appropriated for this period of time. In addition, $1,699,218.13 of other parkway maintenance funds has also been expended during the last two years. She said that this is a remarkable accomplishment. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Change Order Member Glasgow, the change order was approved by the Approved following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 3 PUBLIC HEARING The Clerk announced the public hearing, continued from Certificate for the meeting of March 20, 1989, to consider a Certificate West Coast Cabs of Public Convenience and Necessity for West Coast Trans- portation Network, Incorporated, doing business as West Coast Cab Company, 941 North Santiago Street, Santa Ana. Set for Public The Clerk also presented Consent Calendar Item No. 3, Hearing/Suspension Suspension of Certificates of Public Convenience and of Certificates of Necessity for West Coast Transportation Network, Incor- Public Convenience porated, doing business as West Coast Cabs, 941 North Santiago Street, Santa Ana; and Orange Coast Yellow Cab Cooperative, doing business as Orange Coast Yellow Cab, 17300 Mount Herrmann Street, Fountain Valley. The Director of Finance outlined staff's memorandum dated April 10, 1989, which addresses the following items: insurance deficiencies of West Coast Cab Company and Orange Coast Yellow Cab; Commercial General Insurance Company; and consideration of rate increase to cab companies holding Certificates of Public Convenience and Necessity permits. The Director reported that a notice of cancellation was 'received from the insurance carrier for West Coast Cab Company to beccxne effective May 10, 1989. A temporary Certificate was approved with a condition that the City be provided with a copy of the firm's insurance policy naming the City as co-insured. That insurance policy did not meet the requirements of Municipal Code Section 9-246. The Director reported that Orange Coast Yellow Cab pro- vided an insurance certificate from Commercial General insurance Company which is not an admitted insurer in the State of California. The situation now exists that both taxicab companies are in violation of Municipal Code Section 9-246. Staff recommended increasing current taxicab fare rates once the.matter of adequate insurance coverage has been resolved, and that the color scheme of West Coast Cab continue to be gold with black trim. MOTION Public Hearing A motion was made by Vice Mayor Hornbuckle, seconded by Continued to Council Member Genis, to continue the public hearing to May 1, 1989 May 1, 1989. Council Member Amburgey opposed the motion and was in favor of addressing the issue at this time. The motion carried 4-1, Council Member Amburgey voting no. Gene Connelly, speaking on behalf of Orange Coast Yellow Cab Company, stated that they are seeking insurance from another carrier and requested 30 -days to obtain it. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Hearing Set for Member Genis, and carried 5-0, suspension of Certificate West Coast Cab of Public Convenience and Necessity for West Coast Cab May 1, 1989 Company, was set for public hearing on May 1, 1989, at 6:30 p.m., in the Council Chambers of City Hall. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Hearing Set for Member Genis, and carried 5-0, suspension of Certificate Orange Coast of Public Convenience and Necessity and all related Yellow Cab on items for Orange Coast Yellow Cab, was set for public May 15, 1989 hearing on May 15, 1989, at 6:30 p.m., in the Council Chambers of City Hall. 1 1 OLD BUSINESS The Clerk presented from the meeting of March 20, 1989, R-88-07 Ordinance 88-19 for second reading and adoption. The Amburgey/Carich ordinance changes the zoning at 2233 and 2239 Fairview Ordinance 88-19 Road from Cl to R4 in connection with Rezone Petition R-88-07, Amburgey/Carich. Mayor Buffa announced that staff has requested that this item be continued since documentation of the project's per-unit impact is required from the Police and Fire Departments. MOTION On motion by Council Member Genis, seconded by Vice Continued to Mayor Hornbuckle, and carried 5-0, second reading and May 15, 1989 adoption of Ordinance 88-19, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PROPERTY AT 2233 AND 2239 FAIRVIEW ROAD FROM Cl TO R4, was continued to the meeting of May 15, 1989. Ordinance 89-6 The Clerk presented from the meeting of March 20, 1989, Sign Code Ordinance 89-6 for second reading and adoption. The Amendments ordinance amends Title 5 of the Costa Mesa Municipal Code modifying standards for ground signs, and clarify- ing other sections of Title 5 relating to signs. The Deputy City Manager/Development Services outlined staff's memorandum dated April 11, 1989, and reported that staff has met with the Merchants Association and Chamber of Commerce. Both groups are in favor of the ordinance, however, the Merchants Association would like the Sign Code further amended as it pertains to variance procedures. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in opposition to the proposed ordinance and cited circum- stances he felt could not be addressed by this ordinance. At the request of Mayor Buffa, the Deputy City Manager reported that staff anticipates bringing the General Plan Amendment before Council in June, 1989. In response to a question posed by Vice Mayor Hornbuckle, the Deputy responded that this ordinance would eliminate the need for many of the requests going through the normal hearing process. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Ordinance 89-6 Member Amburgey, Ordinance 89-6, AN ORDINANCE OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONCERNING AMENDMENTS TO THE SIGN ORDINANCE TO INCOR- PORATE A SLIDING SCALE AND TO CLARIFY OTHER PORTIONS OF THE SIGN CODE, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Parking Prohi- The Clerk presented from the meeting of April 3, 1989, bition on East parking prohibition on East 20th Street, between Newport 20th Street Boulevard and Orange Avenue on Wednesdays from 8:00 a.m. to 10:00 a.m. for street sweeping. A petition has been received containing 42 signatures from residents in favor of having the streets cleaned. Assistant to the City Manager Rick Pickering reported that this item was continued to provide an opportunity for Council Members to visit the site. He referenced his memorandum of April 14, 1989, which contains addi- tional information. A video of East 20th Street was shown. Ron Staugaard, 1998 Rosemary Lane (corner of East 20th Street), spoke in opposition to posting East 20th Street and stated that several families in the area have more vehicles then parking spaces available on their proper- ties. Margaret Walsh, 178 East 20th Street, Costa Mesa, spoke in opposition to posting East 20th Street, referenced petitions in opposition to it which were previously presented to the Transportation Commission, and cited examples of streets within the City which are not posted. Elizabeth Hoevel, 144 East 20th Street, Costa Mesa, spoke in favor of street sweeping and posting, referenced the petition submitted in favor of it, and stated that there is no storm drain along the street and consequently debris piles up. Council Member Amburgey reported that he drove the street on several occasions and found that there were tore automobiles parked in front of single-family residences then there were in the area where multiple - family residences are located which indicates that the City is requiring an adequate amount of parking spaces for apartment projects. MOTION A motion was made by Council Member Amburgey, seconded Resolution 89-130 by Vice Mayor Hornbuckle, to adopt Resolution 89-130, A Adopted RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF EAST 20TH STREET FOR THE PURPOSE OF STREET SWEEPING. Council Member Genis supported the motion and felt that if more garages were used for the purpose intended, rather than converted into workshops, the situation of automobiles parked on City streets would be greatly improved. Mayor Buffa opposed the motion because the survey con- ducted by the City clearly indicated that most people were opposed to posting. Council Member Glasgow stated that the polls taken all showed different results and it was the street sweeper who initiated the request because he could not get to the curb to sweep the street. He stated that he would support the request based on that recommendation. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: Buffa ABSENT: COUNCIL MEMBERS: None Order of Business Ordinance 89-9 was presented for second reading and at Council adoption. The ordinance concerns the order of business Meetings at Council meetings. MOTION On motion by Vice Mayor Hornbuckle, seconded by.Council Ordinance 89-9 Member Glasgow, Ordinance 89-9, AN ORDINANCE OF THE CITY Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONCERN- ING THE ORDER OF BUSINESS AT COUNCIL MEETINGS, was adopted by the following roll call vote: �7 1 AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow None None Fees for Planning The Clerk presented the following items relating to fees Services planning services: Ordinance 89-11 for second reading and adoption. The odinance establishes fees for planning services by Council resolution. Interim resolution maintaining current planning fees until adoption of resolution instituting new fees. Resolution containing new fees. Assistant to the City Manager Ann Gyben presented infor- mation contained in her memorandum dated April 14, 1989. The interim resolution would maintain current Develop- ment Services user fees for the 30 -day interim between the adoption of the ordinance and the resolution insti- tuting new fees. Roy Andreen, 2769 Cibola Avenue, Costa Mesa, speaking on behalf of the Mesa Del Mar Homeowners Association, stated that he does not dispute the costs involved for processing appeals but felt that the appeal fees are excessive for residents or homeowners associations. Sid Soffer, 900 Arbor Street, Costa Mesa, felt that developers should not be discriminated against, and that if a decision were reversed as a result of an appeal, the City should refund the fee to the appellant. In response to a question posed by Vice Mayor Hornbuckle, the Assistant City Attorney reported that if wording is changed in the ordinance it would again require first reading. Fees would be established by resolution when the ordinance is given second reading and adopted. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Ordinance 89-11 Council Member Amburgey, to adopt Ordinance 89-11, AN Adopted ORDINANCE OF THE CITY COUNCIL OF THE 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. Council Member Amburgey addressed the various means available for bringing items forward to Council and the rationale for establishing fee schedules. 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 MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Resolution 89-131 Member Amburgey, Resolution 89-131, A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, RETAINING THE SAME DEVELOPMENT SERVICES FEE SCHEDULE PREVIOUSLY CODIFIED IN COSTA MESA MUNICIPAL CODE SEC- TIONS 5-120(D), 13-253, 13-277, 13-366, AND 13-826, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 4128 MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Resolution 89-132 Council Member Glasgow, to adopt Resolution 89-132, A Adopted RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, INCREASING DEVELOPMENT SERVICES USER FEES, changing the fee schedule for appeals from the Planning Commission to Council, and Council rehearings, for an appellant residing in a single-family house or condo- minium which is his primary residence, to reflect that any application concerning that particular primary residence in which he or she is living, be $50.00. All others shall pay $195.00. Council Member Amburgey supported the resolution but opposed the recommended change. In his opinion, the fee paid by a developer would eventually be passed to the individual purchasing the single-family residence. In addition, the costs for processing appeals and rehearings have been established and it would be unfair to have taxpayers subsidize individuals filing these requests. Mayor Buffa supported the motion and stated that there are several instances where expenses are subsidized, particularly in the emergency services area. He is in favor of a lower fee schedule in situations where an individual's primary residence is involved. Council Member Genis requested that the $50.00 fee also include persons who resided on property adjacent to an objectionable project. Vice Mayor Hornbuckle responded that she would not consider this in her motion. Other avenues of recourse available to such individuals were discussed. Council Member Genis asked if the maker of the motion would consider an amendment to the motion that third party appeals by Costa Mesa residents would also be limited to a $50.00 charge, and Vice Mayor Hornbuckle responded negatively to the request. Discussion ensued regarding how the fee would be applied to an individual's single-family home versus an indivi- dual's single-family home with a home occupancy permit. The motion carried by the following roll call vote: r I- I AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Glasgow NOES: COUNCIL MEMBERS: Amburgey, Genis ABSENT: COUNCIL MEMBERS: None RECESS The Mayor declared recess at 8:25 p.m., and the meeting reconvened at 8:35 p.m. Purchase of The Clerk presented the proposed purchase of County Veterans Hall/ property at 565-567 West 18th Street (Veterans Memorial Probation Build- Hall/Probation facilities). ing Property Assistant to the City Manager Rick Pickering outlined staff's memorandum dated April 13, 1989, which presents background information and staff's recommendations. The agreement with the County includes an $11,400.00 credit toward the purchase price to assist the City in relocat- elocating ingthe veterans organization. He stated that demoli- tion of Veterans Hall is not a requirement of the sale. Bob Hanson, 3261 Oregon Avenue, Costa Mesa, acting as official spokesperson for the Veterans organizations, stated that they are recommending that the present r I- I Veterans Memorial Hall building be demolished and that they be temporarily relocated to the former County Probation facility. He stated that they are presently insured for $500,000.00 through June 26, 1989. In response to comments made by Sid Soffer, Vice Mayor Hornbuckle stated that purchase of the property has already been approved and that the matter before Council is whether or not to support staff's recommendations. MOTION A motion was made by Council Member Amburgey, seconded Demolish Veterans by Council Member Glasgow, to direct staff to negotiate Memorial Hall and with the County to demolish the Veterans Memorial Hall Relocate Veterans building as soon as practicable; to relocate the Veterans to Probation to the Probation facility on a temporary basis; direct Facility staff to prepare a lease agreement with Costa Mesa Veterans Memorial Hall, Incorporated, for use of the former Probation facility as outlined on Page 3, Item No. 1, of staff's memorandum of April 13, 1989; and to proceed with a study to locate a permanent facility for the Veterans. Council Member Genis did not support the portion of the motion concerning demolition of the Veterans Hall and requested a report regarding the possibility of it being preserved as a historical building. After discussion it was decided to consider liability insurance at the next Council meeting, if necessary. The motion carried 4-1, Council Member Genis voting no. NEW BUSINESS The Clerk presented a request for rehearing from Emil Request for De Coster, authorized agent for Marvin Rohrs, 113 Grand Rehearing PA -89-09 Canal, Balboa, concerning Council's denial of Planning De Coster/Rohrs Action PA -89-09, for a Conditional Use Permit to allow an auto towing business in a commercial building at 2648 Newport Boulevard, in a C2 zone. Since the applicant was not present, the Mayor trailed this item. Later in the evening, Council decided to take action on the item. The applicant was not present. Council Member Amburgey stated that the application for rehearing contained no new information. At the request of Vice Mayor Hornbuckle, the Deputy City Manager/Development Services provided background information concerning the project. MOTION On motion by Council Member Amburgey, seconded by Rehearing Denied Council Member Glasgow, and carried 5-0, the request for rehearing was denied. Appeal of PA -89-14 The Clerk presented an appeal of the Planning staff's Richmond/Chapman decision not to exempt Planning Action PA -89-14 from the provisions of Measure "G" relating to "existing lot" definition, from Barry Richmond, P/A+ Architects, Incorporated, 877 Production Place, Newport Beach, authorized agent for Bob Chapman, Chapman Die Mold, 1602 Placentia Avenue, Costa Mesa, for property at 999 West 18th Street. The Deputy City Manager/Development Services presented background information contained in staff's memorandum dated April 12, 1989, and attachments thereto. The MOTION Project Declared Exempt from Measure "G" property is currently a vacant lot which meets most of the City's Subdivision Standards. In applying Council's recently adopted policy, staff did not believe the lot qualified for an.exemption under Measure "G" since it did not have all of the improvements required on the day the measure went into effect. He then presented trans- parencies indicating improvements made on the property. Responding to a question from Council Member Amburgey, the Deputy stated that the property was considered an existing lot which qualified for building purposes the day before Measure "G" went into effect. Council Member Amburgey felt that with this clarification the lot would not be applicable to the requirements set forth in the measure. Responding to a question from Council Member Cenis, the Deputy reported that if a project were approved for the site, sidewalk improvements would be made a Condition of Approval and an occupancy permit would not be issued until all requirements and conditions were met. Vice Mayor Hornbuckle asked if this rationale were applied to this lot, would it also be applied to other existing lots within the City for which similar requests are submitted. The Deputy responded that under the current policy, it would apply in those instances but not neces- sarily for those lots subdivided in the future. If this project is declared exempt under the requirements of Measure "G", he recommended staff be directed to bring back an alternative interpretation of "existing lot" under Measure "G". Bob Chapman, 1602 Placentia Avenue, Costa Mesa, pre- sented the reasons he believes the project should be considered as exempt under Measure "G" requirements. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in favor of an exception for this project. Gary Viscante, 2015 Newport Boulevard, felt that the definition of an "existing lot" should be redefined. A motion was made by Vice Mayor Hornbuckle, seconded by Council Member Glasgow, to declare this project exempt from the provisions of Measure "G", and to direct staff to bring back an alternate definition of "existing lot" for consideration. Mayor Buffa stated that in his opinion, Measure "G" is adequately clear in terms of its recommendations on the definitions of existing lot and under those definitions this lot would not qualify for an exemption. The motion.carried 4-1, Mayor Buffa voting no. Police Department The Clerk presented recommendations regarding the User Fees increase in current as well as the institution of new Police Department user fees. Set for Public The Clerk also presented Consent Calendar Item No. 4, Hearing/Ordinance to set a public hearing for an ordinance amending Title and Resolution for 6 of the Costa Mesa Municipal Code, and a resolution Police Department setting forth Police Department user fees. User Fees The Assistant to the City Manager Ann Gyben referenced a memorandum dated April 13, 1989, which contains recom- mendations for increases as well as new fees for the 431 Police Department. These recommendations are based upon the Vertex Study and staff's input. Staff requested input from Council before going forward with the public hearing process. Discussion ensued regarding the present and proposed fees and Council provided the following input: Increases for Item No. 4, Photo Copy Services: Vice Mayor Hornbuckle felt that an increase to $8.00 per document was excessive and recommended that a different fee schedule, depending on the size of the document being copied, be established or that fees be charged on a per page basis. Council Member Amburgey concurred with these recom- mendations but commented on the difficulty of charging on a per page basis as some checks for photo copy services are sent in advance by mail. Council Member Genis felt that the recommended fee was excessive and suggested a flat fee for the first page and a lower fee for subsequent pages. Council Member Glasgow said that Police Department processing costs differ from that of private industry and supported the recommended increase. Mayor Buffa felt it important to determine if the proposed increase is for photo copying services only or includes total costs involved in retrieving and refiling the document. Increases for Item No. 6, Animal Control: Vice Mayor Hornbuckle concurred with the recommen- dation to raise the fees for licensing dogs. If established, she requested a report be presented at a later date indicating if the higher rate for dog licensing creates fewer people licensing their dogs. Council Member Genis asked for a report on the reason for charging higher fees for neutered dogs than for cats. New Fees for Item 2, Check Cases: Council Member Amburgey addressed a variety of con- cerns which he asked staff to investigate before he could support the recommendation. Vice Mayor Hornbuckle supported the increase, stating that the majority of check cases involve swap meet vendors who do not reside in the City and for which we presently do not recover any of the costs involved. At the request of Council Member Amburgey, the Assist- ant ssistant to the City Manager explained the policy regard- ing swap meet checks and stated that an investigation will be made on the policy regarding supermarket checks. New Fees for Item 3, Jail Commitments: Council Member Amburgey felt that this is a complex item and stated that he could not support the $83.00 recommended charge without further explanation. Council Members Buffa and Cenis agreed with institu- ting a booking fee if the fee would be refunded to persons found innocent. New Fees: Item 4, Driving Under the Influence (DUI): Council Member Amburgey stated that the recommended $325.26 per incident is inappropriate inasmuch as no fee is being proposed for those arrested DUI but not involved in an accident. He recommended that a fee be established for those persons also. The Assistant to the City Manager explained that the fee proposed for DUI accidents was an average cost determined by the results of the Vertex Study. In conclusion, Mayor Buffa commented that in some instances it was important that charges be based on convictions. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Hearing Set Member Glasgow, and carried 5-0, the public hearing was May 1, 1989 set for May 1, 1989, at 6:30 p.m. Rates for Towing The Clerk presented a resolution increasing rate charges Services for towing services. The Director of Finance presented the proposed new rate schedule and background information contained in staff's memorandum dated April 6, 1989. The proposed fees are based on the Consumer Price Index increase for the standard metropolitan statistical area. MOTION On motion by Council Member Glasgow, seconded by Vice Resolution 89-133 Mayor Hornbuckle, Resolution 89-133, A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, IMPLEMENTING THE AUTOMATIC CHANGE TO THE RATE SCHEDULE FOR CERTAIN TOWING SERVICES PURSUANT TO SECTION 9-284(b) OF THE COSTA MESA MUNICIPAL CODE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Request to Fly The Clerk presented a request from Brothers of Vietnam POW/MIA Flag to fly the Prisoner of War/Missing in Action (POW/MIA) flag during one month of the year. The Assistant to the City Manager Ann Gyben outlined the request received from„the Brothers of Vietnam and recommendations frcm Council's Advisor on Veteran Affairs as presented in staff's memorandum dated April 13, 1989. Bob Kakuk, Chaplain, Brothers of Vietnam, 21661 Brookhurst Street, No. 309, Huntington Beach, stated that they have made this request not only for the Brothers of Vietnam but for veterans of all wars. Their preference would be that the flag be flown the entire year and requested the date of June 10, 1989, for the flag raising ceremony. Ed Ramsey, Chaplain, Brothers of Vietnam, residing in the City of Cypress, stated that their highest priority is that the memory of the POW/MIA's be kept alive. Bob Hanson, 3162 Oregon Avenue, Costa Mesa, spoke on behalf Costa Mesa veterans, and supported the request. 1 &�� William Polder, 1628 White Oak Place, Costa Mesa, was of the opinion that when people from other areas have items on the agenda, those items should be discussed earlier in the evening. Vice Mayor Hornuckle concurred with the recommendation that the flag be flown but felt that some of the importance would be lost if it were flown all year. She recommended flying the flag during the months of May and November, months in which Memorial and Veterans Days occur. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Flying of Flag Member -Glasgow, and carried 5-0, flying the POW/MIA flag and Special during the months of May and November, as well as on any Flag Raising other official days which the City considers appropri- Ceremony Approved ate, and holding a special flag raising ceremony on June 10, 1989, were approved. Shalimar Drive The Clerk presented the Shalimar Drive property owners' Exterior proposal for exterior improvements. Improvements The Deputy City Manager/Development Services outlined staff's memorandum dated April 11, 1989, and the attached summary on the various levels of recommended improvements, along with related costs. Council Member Amburgey reported that all property owners in attendance at a meeting held on April 6, 1989, supported Level "B" modified improvements. They repre- sented 13 of the 22 buildings on Shalimar Drive. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Level "B" Modified Council Member Amburgey, to approve property owners' Improvements Level "B" modified improvements; and if 100 percent of Approved the property owners subscribe to the adopted level of improvement, authorize staff to use additional Community Development Block Grant Funds (CDBG) to pay for the neighborhod entry (Item No. 13). 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 for Funding The Clerk presented a request from the Cultural Arts for Arts Educational Committee for approval and funding of an Arts Education Awards Program Awards Program. Request for Arts The Clerk also presented a request from the Cultural in Public Places Arts Committee for approval of an Arts in Public Places Program Program. Vice Mayor Hornbuckle reported that at a recent study session, there was discussion regarding continuing these requests until more information on this year's budget is available. MOTION/Requests On motion made by Vice Mayor Hornbuckle, seconded by Continued to Council Member Amburgey, and carried 5-0, the Cultural June 19, 1989 Arts Committee requests were continued to June 19, 1989. Community Develop- The Clerk presented a request to form a Community ment Ad Hoc Com- Development Ad Hoc Committee. mi ttee The Assistant to the City Manager Ann Gyben outlined the City Manager's memorandum dated April 10, 1989, which contains background information and staff's ,A recomendations. The Department of Housing and Urban Development (HUD) requires that an ad hoc committee be formed each year to evaluate applications and make recommendations for use of Community Development Block Grant funds. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Formation of Member Genis, and carried 5-0, the City Manager was Committee Approved authorized to solicit applications for the ad hoc com- mittee. CITY ATTORNEY The Claim of Charles Grover was presented. The Assist- REPORTS ssistREPORTS ant City Attorney recommended settlement of the claim as outlined in her confidential memorandum of March 31, Grover Claim ;1989. She suggested that if additional information is required, discussion should take place in closed session. Continued to May 1, 1989 Solicitation from Public Streets MOTION Continued to May 1, 1989 Council Member Amburgey requested more time to receive additional input; therefore, Mayor Buffa continued this item to a closed session on May 1, 1989. An amendment to Ordinance 88-21 regarding solicitation from public streets was presented. The Assistant City Attorney outlined the City Attorney's memorandum dated April 11, 1989, and the attached amended ordinance relating to vehicles which are law- fully parked. Council Member Amburgey felt the amendment would defeat the purpose of the original ordinance. He requested that this item be continued for further investigation. Council Member Genis expressed her concern that people would be standing in the street to solicit employment even though the vehicle might be legally parked, and that the driver of a legally parked vehicle that is parked for purposes other than to pick up somebody looking for employment or contributions should be free from harrassment from that type of activity. Council Member Glasgow remarked that he shared the concern of Council Member Genis regarding people stand- in the street. He added that he had that day witnessed at Lions Park a truck that was legally parked at the curb with about three people around the truck on the driver's side and almost in the center of the street, who arranged for employment with the driver of the truck. Council Member Glasgow considered this a traffic hazard and expressed concern about that occur- ring and that this ordinance revision did not take that hazard into consideration. A motion was made by Council Member Amburgey, seconded by Council Member Glasgow, to continue consideration of the amendment to the Council meeting of May 1, 1989. The motion carried 5-0. COUNCIL MEMBER Council Member Genis referred to the item regarding COMMENTS parking prohibition during street sweeping days and requested staff investigate what means are available to Garages and insure that garages and driveways are utilized for the Driveways purposes intended. Mayor Buffa concurred with this recommendation. Staff Commended Council Member Glasgow thanked staff for their efforts and increasing communication levels with community organizations and.citizens. I ADJOURNMENT The Mayor declared the meeting adjourned at 10:30 p.m. Mayor of the City Vosta Mesa ATTEST: p i y Clerk of the City of Costa r a