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HomeMy WebLinkAbout02/05/1990 - City Council336 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA FEBRUARY 5, 1990 The City Council of the City of Costa Mesa, California, ;met in regular session February 5, 1990, 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 Jim Nelson, Orange Coast Unitarian Universalist 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 Officials Present: City Manager Allan Roeder Assistant City Attorney Eleanor Frey Deputy City Manager/Develop- ment Services Donald Lamm .Public Services Director William Morris City Clerk Eileen Phinney MINUTES ion motion by Council Member Amburgey, seconded by Vice January 15, 1990 Mayor Hornbuckle, and carried 5-0, the minutes of the regular meeting of January 15, 1990, and the adjourned regular meeting of January 23, 1990, 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 The City Manager introduced Marguerite De La Torre, an :employee of the Police Department in the records bureau, Longest Tenured ;and who is the City's longest tenured employee. The Dnployee Marguerite City Manager presented her with a special award and De La Torre expresssed his appreciation for her fine work and dedi- cation. PRESENTATION Bill Bandaruk, Costa Mesa's representative on the Vector Vector Control i Control District, presented information on Lyme Disease District relating to the cause, the illness, the treatment, and the work presently being done for a more accurate testing procedure. Rcman Feast Following his presentation, Mr. Bandaruk encouraged staff to attend the Raman Feast on February 13, 1990. ORAL COMMUNICATIONS John Feeney, 1154 Dorset Lane, Costa Mesa, expressed his concern with the Orange County Fairground's plans for off Off -Track Betting track betting and requested the City to oppose the plan. Mayor Buffa suggested that Mr. Feeney make a request to the City Manager to have this matter placed on a Council Study Session Agenda. New Sidewalks Phil Morello, 592 Hamilton, No. C, Costa Mesa, expressed appreciation for the sidewalks recently installed in front of his house. i`] 337 Moratorium Mr. Morello stated his concern regarding the two recent.murders on the west side and requested a mora- torium on opening any charitable organizations in this area until a parity is attained with other areas of the City. Auto Pollution Mr. Morello suggested the installation of leader trailer lights (a timing device) on left -turn lane signals that would work electronically -allowing a vehicle ten seconds to complete a turn before oncoming traffic reaches the intersection. The City Manager responded that this could be included in the plans for the traffic signal synchronization. Soffer Claim Sid Soffer, 900 Arbor Street, Costa Mesa, asked about the progress of the claim he filed against the City. Mayor Buffa responded that the claim was listed on the Reading Folder of this meeting's agenda. Victoria Street Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, asked about the status of the homes on Victoria Street. Mayor Buffa responded that guidelines were being met with Environmental Protective Agency requirements. He stated that the houses can be removed as they are, but they have not attracted anyone's interest. The City Manager mentioned that more information regarding the houses on Victoria Street would be available at the Study Session of February 13, 1990. Hussong's Bar Mr. Pizarek expressed his concern with the activity at Hussong's Bar and the negative impact that is being created in the neighborhood. He requested assistance from Council to improve this area. Mayor Buffa suggested that Mr. Pizarek contact the City Manager for further direction in pursuing this issue. CONSENT CALENDAR On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, the Consent Calendar was 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 Hornbuckle, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Steven C. Adamson; Dennis M. Eells; Pamela Owen; Rafael Romo; Sid Soffer; and Jesus Valencia. Alcoholic Alcoholic Beverage Licenses for which parking has been Beverage approved by the Planning Division: Beatrice and Riet Licenses Morell, doing business at 1740 Newport Boulevard; Chong and Jung Kim, doing business at 410 East 17th Street; Flying Tortilla Restaurants, Incorporated, doing business at 2346 Newport Boulevard, Suite B-2; Gunneet and Manjeet Bhathal, doing business at 1085 Baker Street; Estate of Joseph Avila, doing business as E1 Ranchito Restaurant, 2101 Placentia Avenue; Ann, Brian Tam, and Xuong Sam, doing business as Marina Liquor, 895 West 19th Street; James and Melinda Liddicote, doing business at 2701 South Harbor Boule- vard, Suites E-4 and E-5; and Fuddruckers, Incorpor- ated, doing business at 1555 Adams Avenue. Removal of Letter frau Sanity In Government Now, Post Office Box Diamond Lanes 772, Tustin, requesting Council to adopt a resolution requesting the California Department of Transportation and the Orange County Transportation Commission to remove diamond lanes for a trial period. Martin Luther Letter from Jean Forbath, Chair, Orange County Human King, Jr. Relations Commission, 1300 South Grand Avenue, build - Holiday ing B, Santa Ana, requesting Council to consider creation of an employee holiday on the birth date of Reverend Martin Luther King, Jr. CLAIMS ion motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, the following claims were rejected. MOTION Pacific Bell (No. CF946-0624); Claims Rejected Michael C. Paskerian; and Maria Russi ADMINISTRATIVE ;Bids received for Bid Item 872, Exhibit "B", One 1990 ACTIONS Chevrolet Cargo Van, are on file in the Clerk's office. Bid Item 872 On motion by Council Member Amburgey, seconded by Vice Exhibit B Mayor Hornbuckle, the previous award to DeAnza Chevrolet Cargo Van was rescinded and the contract was re -awarded to Tom Bell Chevrolet, 800 Alabama, Redlands, for $14,539.81. The motion carried by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Re -Awarded to Amburgey, Genis, Glasgow Tom Bell NOES: COUNCIL MEMBERS: None Chevrolet ABSENT: COUNCIL MEMBERS: None Change Order "B" Staff requested approval of Change Order "B" for Robert Bein, William $25,500.00 to the contract with Robert Bein, William Frost and Associates Frost and Associates, Post Office Box 19739, Irvine, for design of five North Costa Mesa intersections. On MOTION motion by Council Member Amburgey, seconded by Vice Change Order Mayor Hornbuckle, 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 Budget Adjustment Staff requested approval of Budget Adjustment No. 90-61 No. 90-61/Design for $25,500.00, to provide an additional appropriation Five North Costa for additional work required to prepare plans and speci- Mesa Intersections fications related to the Fairview Road and Baker Street intersection. On motion by Council Member Amburgey, MOTION seconded by Vice Mayor Hornbuckle, the budget adjustment Adjustment Approved was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Notice of Completion Completion of Rea Community Center Parking Lot Main- Ryco Construction tenance and Landscaping has been completed by Ryco Construction, Incorporated, Post Office Box 327, Gardena, to the satisfaction of the Community Services Director. i [1 MOTION On motion by Council Member Amburgey, seconded by Vice Improvements Mayor Hornbuckle, the improvements were accepted; the Accepted Clerk was authorized to file a Notice of Completion; authorization was given to release retention funds 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. 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 Refund to A request for refund of a cash deposit for $9,000.00 Frank McGavran was received from Frank McGavran, 320 Delilah Street, Corona, since alley improvements have been completed at MOTION 515 Bernard Street for Development Review DR -88-60. On Refund Approved motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, the refund was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with Staff recommended approval of an agreement with Tait and Tait and Associates, Associates, Incorporated, 800 North Eckhoff Street, Incorporated' Orange, for $7,025.00, to design a bike trail on Fair Drive between the Orange County Fairgrounds Main Entrance MOTION and Fairview Road. On motion by Council Member Amburgey, Agreement Approved seconded by Vice Mayor Hornbuckle, the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with The Public Services Director recommended approval of an UMA Engineering, agreement with UMA Engineering, Incorporated, 17762 Incorporated Cowan Street, Irvine, for $21,090.00, to provide a trans- portation systems management study for Baker Street. On MOTION motion by Council Member Amburgey, seconded by Vice Mayor Agreement Approved Hornbuckle, the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with Staff recommended approval of an agreement with MacMillin and MacMillin and Associates, 3631 South Harbor Boulevard, Associates Santa Ana, in an amount not to exceed $12,000.00, to conduct real estate appraisal services as required by MOTION the recently amended Park Dedication and In -lieu Fee Agreement Approved Ordinance. On motion by Council Member Amburgey, seconded by Vice Mayor Hornbucle, the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget Adjustment On motion by Council Member Amburgey, seconded by Vice No. 90-60 Mayor Hornbuckle, Budget Adjustment No. 90-60 for Fairview Road/I-405 ,$45,000.00, to provide an additional appropriation Overcrossing needed to pay final project construction costs for the Fairview Road/I-405 Overcrossing Widening Project, was MOTION approved by the following roll call vote: Adjustment Approved AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget Adjustment On motion by Council Member Tu burgey, seconded by Vice No. 90-69 Mayor Hornbuckle, Budget Adjustment No. 90-69, in an Overtime for Nar- amount not to exceed $70,000.00, to provide additional cotics Activities overtime appropriation for narcotics -related_ activities for the remainder of the year, was approved by the MOTION following roll call vote: Adjustment Approved AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None San Joaquin Hills On motion by Council Member Amburgey, seconded by Vice Transportation Mayor Hornbuckle, Resolution 90-9, A RESOLUTION OF THE Corridor Agency CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING AMENEMENT NO. 2 TO THE JOINT POWERS AGREEMENT MOTION OF THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY, Resolution 90-9 was adopted by the following roll call vote: Adopted AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Santa Ana Avenue On motion by Council Member Amburgey, seconded by Vice No. 3 Annexation Mayor Hornbuckle, Resolution 90-10, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION ANNEXING TERRITORY DESIGNATED SANTA ANA AVENUE NO. 3 Resolution 90-10 ANNEXATION TO THE CITY OF COSTA MESA WITHOUT HEARING OR Adopted ELECTION, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Mayor opened the public hearing to rehear the Request for Taxi request for a rate increase from Orange Coast Yellow Fare Increase Cab, 17300 Mount Herrmann Street, Fountain Valley, which had been denied at the meeting of January 2, 1990. The City Manager summarized staff's memorandum. In response to Vice Mayor Hornbuckle, the City Manager stated that the fees that are set may not be exceeded by any companies that are under this fee structure. Tom Pelk, Operations Manager for Orange Coast Yellow Cab, summarized the letter given to Staff earlier containing new information to support their request for a rate increase. 'there being no other speakers, the Mayor closed the public hearing. Bill Craig, a representative of Orange Coast Yellow Cab, responding to Vice Mayor Hornbuckle, stated that the request was for $1.90 for the first 1/8th mile and $.20 for each additional 1/8th mile. 1 34.E MOTION On motion by Council Member Amburgey, seconded by Coun- Rate Increase cil Member Glasgow,the motion to approve the rate Approved increase as indicated in staff's memorandum of December 22, 1989, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Mayor opened the public hearing to consider an Subdivisions, Lot ordinance amending Title 13 of the Costa Mesta Muni - Lines, and Zoning cipal Code to modify the subdivision regulations, Administrator's establish lot line adjustment procedures, and clarify Authority the Zoning Administrator's authority. The Development Services Director referred to staff's memorandum dated January 22, 1990, stating that this ordinance would allow the Zoning Administrator to approve lot line adjustments rather than the Planning Ccmmission. He stated that staff also recommended a resolution to amend the Planning Division Processing Fee schedule regarding lot line adjustments. Arthur Goddard, 2901 Palau Place, Costa Mesa, offered to answer questions regarding the few provisions of the ordinance relating to the amateur radio community. There being no other speakers, the Mayor closed the public hearing. Former Mayor Recognized Mayor Buffa recognized former Costa Mesa Mayor Donn Hall. MOTION A motion was made by Council Member Amburgey, seconded First Reading by Vice Mayor Hornbuckle, to give first reading to Ordinance 90-1 Ordinance 90-1, AN ORDINANCE OF THE CITY COUNCIL OF THE Zoning CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13 OF Administrator's THE COSTA MESA MUNICIPAL CODE TO MODIFY THE SUBDIVISION Authority REGULATIONS, ESTABLISH LOT LINE ADJUSTMENT PROCEDURES AND CLARIFY THE ZONING ADMINISTRATOR'S AUTHORITY. AMENDED/MOTION After. discussion, Council Member Amburgey amended his motion by an addition on Page 21, Paragraph (i) of the Ordinance: "should a citizen wish to appeal the Zoning Administrator's decision to the next highest level, the fees should be waived." Vice Mayor Hornbuckle seconded the amended motion, and it carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Ordinance 90-1 Later in the meeting, the acting City Attorney suggested Amended wording the amended wording for the aforementioned Ordinance 90-1, to include the words, "No fee shall be charged for such review", to follow directly after Paragraph (i). MOTION On motion by Council Member Glasgow, seconded by Council Amendment to Member Amburgey, the amendment was approved by the fol - Ordinance 90-1 lowing roll call vote: Approved AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None OLD BUSINESS The Clerk presented the Negative Declaration for Planning Negative Declaration 'Action PA -89-122, Bob Davis, 7014 Llama Street, Carlsbad, for PA -89-122 agent for Elizabeth W. Wade Trust, Pest Office Davis/Wade ,authorized Box 6283, Santa Ana, for a Conditional Use Permit for Request for ;property at 2990 Bristol Street. Planning Action Rehearing of PA -89-122 was approved on January 15, 1990, but through PA -89-111 ,an oversight, the Negative Declaration was not adopted. MOTION Use Permits to allow a drive-thru restaurant with Negative Declara- A motion was made by Council Member Glasgow, seconded tion Adopted by Vice Mayor Hornbuckle, and carried 5-0, to adopt the Negative Declaration of Environmental Impact for PA -89-122, nunc pro tunc. NEW BUSINESS Request for rehearing of the Council's denial of Planning Request to Rehear Action PA -87-49, was trailed to later in the meeting at PA-87-49/Mueller the request of the authorized agent, Sid Soffer. NEW BUSINESS The Clerk presented from the meeting of January 15, Request for 1990, a request for rehearing of the Council's deci- Rehearing of sion for Planning Action PA -89-111, William D. Fancher, PA -89-111 authorized agent for L & M Ventures, for Conditional Fancher/L & M Use Permits to allow a drive-thru restaurant with Ventures outdoor seating for a maximum of 12 customers, and to allow off-site access with variances from street set- back requirements (0 to 13 feet proposed; 20 feet required), located at 801 West 19th Street in a Cl Zone. Environmental Determination: Negative Declaration. A modified Negative Declaration and the Conditional Use Permits were approved at the meeting of December 4, 1989, however, the Variances were denied. The Development Services Director summarized staff's memorandum of January 23, 1990, and presented a graphic slide depicting revised lot lines for the building. Bill Fancher, 1342 Bell Avenue, Tustin, representing L & M Ventures (Rally's Hamburgers), stated that the new site plan shows a reduction in the -building size to generate more landscaping. John Kelley, 8525 Gibbs Street, San Diego, representing Rally's Hamburgers, stated that they have met and worked out problems with adjacent property owners. Peter Kalogeropoulos, 2160 Kristin Lane, Costa Mesa, was of the opinion that if this request were approved, his prior request for his business should also be approved as he has a better location for drive=thru service. Casey Espero, owner of PK Burgers, 19th Street and Placentia Avenue, Costa Mesa, stated that he was planning to construct a new building for his business, and that a drive-thru service was essential, but his application for the drive-thru was denied. He expressed interest for another opportunity for his application. Mayor Buffa suggested that Mr. Kalogeropoulos and Mr. Espero contact the Development Services Director to pursue their applications. MOTION A motion was made by Council Member Glasgow, seconded Rehearing Denied by Council Member Amburgey, and carried 4-1, Vice Mayor Hornbuckle voting no, to deny the request for a rehearing. NEW BUSINESS The Clerk presented from the meeting of January 15, 1990, Request to Rehear a request for rehearing of the Council's decision con - Permit 89-012 cerning Entertainment Permit 89-012 from Daniel Baralt, Hogue Barmichael's Hogue Barmichael's, 1976 Newport Boulevard. Marc Lnbovitz, 1851 East First Street, Santa Ana, authorized agent for Hogue Barmichael's, explained that they now have in excess of 80 parking spaces with park- ing being supervised; they have been policing the immediate area; established a hot line in the saloon; and distributed flyers in the neighborhood that relate to issues enabling coexistence. with the neighborhood. Dave McCoy, 1997 Fullerton Avenue, Costa Mesa, opposed the rehearing as there is still too much traffic, litter, and equipment stolen. Steve Park, 1944 Church Street, Costa Mesa, expressed his opposition to the rehearing. Jules Boryczewski, 1976 Newport Boulevard, Costa Mesa,. owner of Hogue Barmichael's, stated that not all of the patrons at Hogues are aware of the new parking area which also has security. He requested more time to demonstrate his willingness to work with the neigh- borhood. Robert Worthing, 1933 Church Street, Costa Mesa, commented that he has not seen the flyers that were mentioned, litter is still in the gutters, and he has not spoken with any neighbors that indicate they were contacted by anyone from Hogue Barmichael's. He opposed the rehearing. MOTION A motion to deny the rehearing was made by Council Request Denied Member Amburgey, seconded by Council Member Genis, and carried 5-0, as no new information was presented. In response to Council Member Amburgey's question, the Development Services Director explained that entertain- ment permits are renewed yearly; this application's renewal date is March 15, 1990, at which time, if a renewal is requested, the same conditions would apply that are imposed now; -and the applicant can appeal or comply with conditions. NEW BUSINESS The City Clerk presented a request for $162.00 from Substance Abuse the Substance Abuse Committe for a registration fee for Committee the chairperson to attend the Prevention 1990: The Future is Now, a Statewide multi -disciplinary conference on the prevention of alcohol and other drug abuse. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Registration Fee Member Glasgow, the request was approved by the follow - Approved ing roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS:. None NEW BUSINESS The Clerk presented a request to form a Golf Course Golf Course Advisory Committee. Council Member Glasgow explained Advisory that the purpose of the committeee is to review and Committee make recommendations on the Master Plan of Improvements, and to monitor and report to the City Council on the progress of implementing scheduled improvements. Motion Made to A motion was made by Council Member Glasgow, seconded Approve Committee by Council Member Amburgey, to approve formation of the Golf Course Advisory Committee. Mayor Buffa was concerned that the membership needed to be expanded to a 7 -member committee. Vice Mayor Hornbuckle suggested amending the motion to form a 7 -member committee, and appoint Council Member Glasgow las the Council's representative. AMENDED MOTION 'Council Member Glasgow amended his motion as reccm- Committee mended by the Vice Mayor. After Council Member Ambur- Approved i gey withdrew his second, the amended motion was seconded by Vice Mayor Hornbuckle, and carried 4-1, Council Mem- ber Amburgey voting no. NEW BUSINESS The Clerk presented a request to appoint five new Cable Television members to the Cable Television Committee. Cannmittee Following a brief discussion, a motion was made by MO'T'ION Council Member Genis, seconded by Vice Mayor Applicants Hornbuckle, and carried 4-1, Council Member Amburgey Approved voting no, to appoint Pamela Ezell, Carl Jacober, Wendy Leece, Howard M. Lenhoff, and Michel Remion to the Cable Television Committee. NEW BUSINESS The Clerk presented a request to appoint four new Cultural Arts members and two alternate members to the Cultural Committee Arts Committee. On motion by Council Member Glasgow, Motion/Approve seconded by Council Member Amburgey, and carried 5-0. Applicants Doreen Hardy, Marjorie Houser, Karen Cooper, and David F]mmes were appointed to the Cultural Arts Committee, with Leonard Rosow and John Wilson appointed as alternates. NEW BUSINESS The Clerk presented the request to appoint four new Human Relations members to the Human Relations Committee. A motion Committee was made by Vice Mayor Hornbuckle, seconded by Council MOTION Member Glasgow, to appoint Paul Hicks, Eleanore Humph - Applicants i rey, Linda Novick, and Arthur Rorden to the Human Rela- Approved tions Committee with MaryAnn Somerville as an alternate. The motion carried 5-0. NEW BUSINESS A request was presented from the meeting of January 15, Planning Action 1990, for rehearing of the Council's denial of Planning PA -87-49 Action PA -87-49 from Willy Mueller, 23321 Ancia Lane, Mueller Mission Viejo, to amend Conditions of approval and renew a Conditional Use Permit for automotive repair within a commercial building (formerly a drive-thru dairy), located at 840 West 19th Street in a Cl zone. Environ- mental Determination: Negative Declaration. This item had been trailed earlier in the evening. The Development Services Director summarized the memor- andum dated February 5, 1990, from the City Manager's office, and stated that Mr. Soffer had requested a building permit for Mr. Mueller and was denied under advice of the City Attorney's office that once the use was deemed to be an illegal use for the site, a building permit should not be issued. Sid Soffer, 900 Arbor Street, Costa Mesa, was of the opinion that a rehearing was an appeal, and felt that the applicant lost valuable time with the seven-day filing period for an appeal. Mr. Soffer spoke at length about discrepancies he believed to have occurred with the disposition of Mr. Mueller's application. 1 344 The acting City Attorney, responding to a question from Mayor Buffa, stated that at the time of application for the building permit, the Planning Commission had revoked the Conditional Use Permit. She explained that when the permit was requested, the building was occupied by an illegal use, and the construction that the permit would have authorized would have facilitated the contin- uation of that illegal use. She was of the opinion that it would not have been proper to issue a building permit as it would have perpetuated a nonconforming use in a nonconforming structure for which a Conditional Use Per- mit had just been revoked. MOTION On motion by Mayor Buffa, seconded by Council Member Time to Speak Genis, and carried 4-1, Council Member Amburgey voting Extended no, Mr. Soffer was given an additional two minutes to speak. Mr. Soffer commented that the applicant had personal problems over the last year that interfered with his lack of compliance and that the applicant did not operate the business at that time. He mentioned discrepancies contained in the staff report relating to the application. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Time to Speak Member Genis, and carried 4-1, Council Member Amburgey Extended voting no, Mr. Soffer was given an additional two minutes to speak. Mr. Soffer mentioned another concern regarding the fire permit as efforts were made by applicant to comply with the fire department but the fire inspector would not communicate with him. He commented that some of the problems were with staff. Roy Pizarek, 1923 Whittier Street, Costa Mesa, was in favor of the Council's denying the rehearing. MOTION On motion by Council Member Amburgey, seconded by Council Rehearing Member Glasgow, and carried 4-1, Mayor Buffa voting no, Denied the rehearing for Planning Action PA -87-49 was denied. Salary Increase The Clerk presented an ordinance adopting an increase in City Council salaries for the City Council. The City Manager sum- marized his memorandum of February 1, 1990, and explained that the salary increases were for the City Council, the Planning Commission, and the Transporation Commission since there have been no increases since 1986. Salary Increase Council Member Amburgey requested that the next two Planning Commission items be discussed along with this ordinance, and the and Transportation Clerk presented a resolution setting salaries for Commission Planning Commissioners and a resolution setting sala- ries for Transportation Commissioners. Council Member Amburgey explained that the increases were requested because the number of meetings has increased and salaries should be updated accordingly. He suggested that the salaries be paid on a monthly basis rather than per meeting. Council Member Glasgow concurred with Council Member Amburgey's comments. MOTION On motion by Council Member Amburgey, seconded by Ordinance 90-2 ;Council Member Glasgow, Ordinance 90-2, AN ORDINANCE Given First OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- Reading FORNIA, ADOPTING INCREASE IN SALARY FOR MEMBERS OF THE ,CITY COUNCIL, was given first reading and passed to 'second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: Buffa ABSENT: COUNCIL MEMBERS: None Mayor Buffa commented that the City's budget has increased substantially and created the possibility of a full-time City Council. Motion Made to :A motion was made by Council Member Amburgey, seconded Increase Salaries by Council Member Glasgow,.to increase each Planning Commissioner's salary to $500.00 per month. Substitute Motion ' A substitute motion was made by Vice Mayor Hornbuckle, Made to Continue seconded by Council Member Genis, to continue this item to February 20, 1990to February 20, 1990, until further information is gath- ered as to what other cities are paying. AMENDED SUBSTITUTE Council Member Amburgey requested amending the motion to MOTION/Planning continue to March 19, 1990, and Vice Mayor Hornbuckle so Commission Salaries amended the motion. The amended substitute motion was Continued to seconded by Council Member Genis, and carried by a 3-2 March 19, 1990 vote, Council Members Buffa and Glasgow voting no. Motion to Continue A motion was made by Vice Mayor Hornbuckle, seconded by Transportation Council Member Genis, to continue this item to March 19, Commission Salaries 1990, for more information. The motion failed to carry, Failed to Carry Council Members Buffa, Amburgey, and Glasgow voting no. Motion Made to A motion was made'by Council Member Amburgey, seconded by Increase Salaries Vice Mayor Hornbuckle, to increase each Transportation Commissioner's salary to $300.00 per month. Vice Mayor Hornbuckle suggested that more authority be given to the Transporation Commission by delegating them to review transportation issues, i.e., EIR's, General Plan information, and offering recommendations to the City Council. Council Member Amburgey concurred with Vice Mayor Hornbuckle and was of the opinion it would be of great assistance to the City Council. Council Member Genis requested that the resolution be amended on Page 1, second paragraph, to read "from their businesses and families". (Addition underlined.) AMENDED MOTION i An amended motion was made by Council Member Amburgey, Amended Reso- seconded by Vice Mayor Hornbuckle, to adopt amended lution 90-11 Resolution 90-11, A RESOLUTION OF THE CITY COUNCIL OF Adopted THE CITY OF COSTA MESA, CALIFORNIA, SETTING THE SALARIES OF THE TRANSPORTATION COMMISSIONERS AND PROVIDING FOR CERTAIN ALLOWANCES AND LIMITATIONS IN CONNECTION WITH THEIR COMPENSATION, adding "and families" as specified. 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 1 CITY ATTORNEY The acting City Attorney presented a proposed settle - REPORT ment of "railroad cases", and explained that the City of Costa Mesa had tendered its defense to the County Counsel, as did other Orange County cities, which she supports. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Settlement Council Member Genis, to accept the settlement proposed Approved by the County Counsel. The motion carried by the fol- lowing toll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MFMBERS; None ABSENT: COUNCIL MEMBERS: °-None CITY MANGER REPORTS The City Manager commented that.- Police Officer Officer Baumgardner Baumgardner was very much improved and has expressed appreciation to the City Council and the Community for their support during his recovery from the traffic accident. Acting City The City Manager expressed his appreciation to acting Attorney City Attorney Eleanor Frey for her dedication and assistance during her tenure with the City, and wished her success with her new appointment as City Attorney for Culver City. Director of The City Manager introduced Susan Temple, the new Finance Director of Finance. COUNCIL MEMBER Council Member Genis commented on several topics: COMMENTS (1) She mentioned a report indicating population growth statistics for the state and asked if this information _ were available at a city or county level. (2) She indi- cated her concern regarding the Arnel Metro Pointe memo dated February 5, 1990, regarding improvements at the Fairview/Baker intersection being completed before occupancy. (3) She mentioned that the citizens have indicated their preference to having designated districts for Council Members. (4) She expressed her thanks and appreciation to all those who assisted in the graffiti paint -out, and encouraged the public to report incidences if they see them happening. Council Member Council Member Glasgow thanked the Council for approving Glasgow the money for the attendance to the substance abuse con- ference. Mr. Glasgow also requested that the City Mana- ger prepare a report on how the off-track betting can be opposed at the Orange County Fairgrounds. The City Manager stated that this project is underway and a report will be available in the near future. Council Member Council Member Amburgey was of the opinion that if Coun- Pmburgey cil Members were elected by districts, the best candi- dates may not be serving the City. Vice Mayor Vice Mayor Hornbuckle commented on the following: Hornbuckle (1) She suggested Council Members move to other dis- tricts should the City be divided into districts. (2) She complimented those involved in the graffiti paint - out. (3) She requested that the City Manager have a report prepared indicating the police activity at Hussong's Cantina and the status of their Conditional Use Permit. 348 Mayor Buffa Mayor Buffa congratulated Vice Mayor Hornbuckle and 'Council Member Genis on their participation in the :graffiti paint -out and expressed his appreciation to ;the citizens that assisted. The Mayor also expressed jhis appreciation to the acting City Attorney for all !her assistance and guidance during her tenure. ADJOURNMENT The Mayor declared the meeting adjourned at 9:20 p.m. Mayor of the City Costa Mesa ATTEST: - i jt ty Clerk of the City of Costa Mr