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HomeMy WebLinkAbout02/20/1990 - City Councilk.sr C367 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA FEBRUARY 20, 1990 The City Council of the City of Costa Mesa, California, met in regular session February 20, 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 Doyle Henderson, Costa Mesa Nazarene Church. ROLL CALL Council Members Present: Mayor Peter Buffa Vice Mayor Mary Hornbuckle Council Member Sandra Genis Council Member Edward Glasgow Council Members Absent: Council Member Ory Amburgey Officials Present: City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Develop- ment Services Donald Lamm Public Services Director William Morris City Clerk Eileen Phinney Finance Director Susan Temple Assistant to the City Manager Rick Pickering MINUTES On motion by Vice Mayor Hornbuckle, seconded by Council February 5, 1990 Member Glasgow, and carried 4-0, the minutes of the regular meeting of February 5, 1990, were approved as distributed.. ORDINANCES A motion was made by Vice Mayor Hornbuckle, seconded by Council Member Glasgow, and carried 4-0, to read all ordinances by title only. PRESENTATION Brooke Booth, representing California Elementary School, gave a presentation that included the school's first DARE Program DARE graduating class praising the DARE Program and Officer Cappucilli. Winning essays on the DARE Program were read by Aileen Bennett, Delima McCain, Victor Valencia, and Melissa Inouye. This presentation con- cluded with the school presenting various DARE monentos to the City Council and welcoming them as a participant to their program. Following the California Elementary School presentation, a.presentation was given by the sixth grade class of Kaiser Elementary School. Anne Younglove, representing the school, read a letter from Principal Dr. Knight expressing his appreciation for the DARE Program. Letters were read by students Teryn Rather and Rawleigh Younglove expressing gratitude to Officer Cappucilli and the DARE program. Mayor Buffa expressed his satisfaction with the DARE program and its success and said the program will not be eliminated as rumored, but continued and hopefully, expanded. x, Iffi,363 ORAL COMMUNICATIONS Arthur Goddard, 2901 Palau Place, Costa Mesa, requested adding the amateur radio antenna permit fee on a future Amateur Radio agenda changing it to a "no fee" item as the service is Antenna Permit a public oriented activity; there is no monetary value Fee involved in the permit to the applicant, it neither in- creases nor decreases property value; the ordinance is under a federal preemption; and the public benefit out- weighs the cost to the taxpayer. The Deputy City Manager/Development Services stated that he would have a report available showing various options regarding the permit fee by the next City Council meeting. Senior Marie Maples, 461 Swarthmore Lane, Costa Mesa, Chair - Committee ;person for the Senior Committee gave a brief report con- cerning the recent activities of the Senior Committee. CONSENT CALENDAR The following items were removed from the Consent Calendar: Item 4, Business Permit for Access to Justice Foundation; Item 7, Orange County -Hang Gliding Associa- tion; Item 13, Formation of Ad Hoc Community Development Committee; and Item 14, Resolution regarding OCUTT funds. On motion by Vice Mayor Hornbuckle, seconded by Council Member Glasgow, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Amburgey READING FOLDER On motion by Vice Mayor Hornbuckle, seconded by Council Member Glasgow, and carried 4-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Sylvia Bar; Laura Estrada; Francisco Reyes Fuentes; John Guerin; Maurice R. Quigley; Guy M. Simmons; and Touche Ross and Company. Alcoholic Alcoholic Beverage Licenses for which parking has been Beverage approved by the Planning Division: Alpha Beta Company, Licenses doing business at 241 East 17th Street and 2200 Harbor Boulevard; Donald T. Johnson, doing business as Tin Lizzie, 752 St. Clair Street; Fernando Navarretta, doing business as Scampi, 1576 Newport Boulevard; and and Massimo Navarretta, doing business as Amici Trattoria Italiana, 655 Anton Boulevard, Suite No. C. Bay Knolls Letter from Valerie Reed, 340 Cherry Tree Lane, Annexation Newport Beach, requesting Council to remove Bay Knolls Opposition from any consideration in the City sphere of influence or annexation. SOS Relocation Letter and petition from residents of Anchor Trailer and Petition Port, 1527 Newport Boulevard, Costa Mesa, opposed to permits and upgrading of the building at 1550 Superior Avenue, Costa Mesa, for Share Ourselves (SOS) purposes. Public Utilities A notice from the Public Utilities Commission that Commission Application No. 90-01-059 was received from Super - Shuttle of Los Angeles, Incorporated, (PSC -1275) for authority to establish revised zones of rate freedom for passenger stage service between points in its authorized service area. 1 WRITTEN A motion was made by Vice Mayor Hornbuckle, seconded COMMUNICATIONS by Council Member Glasgow, to adopt Resolution 90-12, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Records Destruction MESA, CALIFORNIA, AUTHORIZING RECORDS DESTRUCTION FOR for Fire Department THE FIRE DEPARTMENT OF THE CITY OF COSTA MESA PURSUANT TO ORDINANCE NO. 75-60. The motion carried by the MOTION following roll call vote: Resolution 90-12 AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Adopted Genis, Glasgow NOES: COUNCIL MEMBERS.: None ABSENT: COUNCIL MEMBERS: Amburgey BUSINESS PERMIT Notice of Intention to Appeal or Solicit for Charitable Purpose was received from Opera Pacific, 3187 Red Hill Opera Pacific Avenue, Suite 230, Costa Mesa, by mail, phone, or indi- vidual solicitation from February 21, 1990, to January MOTION 31, 1991. On motion by Vice Mayor Hornbuckle, seconded Permit by Council Member Glasgow, and carried 4-0, the permit Approved was approved with application of Municipal Code Section 9-229. WARRANTS On motion by Vice Mayor Hornbuckle, seconded by Council Member Glasgow, Warrant Resolution 1457, including Pay - MOTION roll 9003, was approved by the following roll call vote: Warrant 1457 AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Approved Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Amburgey ADMINISTRATIVE Bids received for Bid Item 850, Demolish, Remove and ACTIONS Dispose of Various Structures Within the City, are on Bid Item 850 file in the Clerk's office. On motion by Vice Mayor Demolition of Hornbuckle, seconded by Council Member Glasgow, the pre - Various Structures vious award to American Demolition was withdrawn and the contract was re -awarded to Pomona Valley Equipment Rent - MOTION als, Incorporated, 11532 East End Avenue, Chino, for Re Awarded to $58,955.00. The motion carried by the following roll Pomona Valley call vote: Equipment AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Amburgey Replace Tot Lot Equipment MOTION Awarded to Wakeham Baker, Incorporated Bids received Equipment, ar by Vice Mayor Glasgow, the Incorporated, $35,687.00. call vote: AYES: for Replacement of Tanager Park Tot Lot e on file in the Clerk's office. On motion Hornbuckle, seconded by Council. Member contract was awarded to Wakeham Baker, 11225 Slater Avenue, Fountain Valley, for The motion carried by the following roll COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Buffa, Hornbuckle, Genis, Glasgow None Amburgey. Budget Adjustment Staff recommended approval of Budget Adjustment Nos. Nos. 90-67 and 90-67 and 90-68 in the amounts of $37,000.00 and 90-68, Victoria $425,000.00, respectively, to transfer additional Street Widening appropriations to the Victoria Street Widening project due to escalating acqusition and relocation costs. On motion by Vice Mayor Hornbuckle, seconded by Council MOTION Member Glasgow, the budget adjustments were approved Adjustments by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Amburgey y;069 i Notice of Completion The Construction of Fairview Road Overcrossing at the Kasler Corporation I-405 Freeway has been completed by Kasler Corporation, Fairview Road 'Post Office Box 387, San Bernardino, to the satisfaction Overcrossing at of the Director of Public Services. On motion by Vice I-405 Mayor Hornbuckle, seconded by Council Member Glasgow, .the improvements were accepted; the Clerk was authorized MOTION to file a Notice of Completion; authorization was given Improvements to release retention funds 35 days thereafter; the Labor Accepted 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- Parking Prohibi- ing roll call vote: tion on College AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Avenue Genis, Glasgow NOES: COUNCIL MEMBERS: None MOTION ABSENT: COUNCIL MEMBERS: Amburgey Change Order No. 1 Staff requested approval of Change Order No 1. for Nobest, Incor- $5,600.00, to the contract with Nobest, Incorporated, porated Post Office Box 874, Westminster, in connection with the Right -Turn Pocket installation of the Right -Turn Pocket at Adams Avenue at Adams Avenue and Placentia Avenue. On motion by Vice Mayor Horn - buckle, seconded by Council Member Glasgow, the change MOTION order was approved by the following roll call vote: Change Order AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Approved Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Amburgey Change Order No. 3 Ryco Construction Fairview Road Slope Improvements MOTION Change Order Approved Staff requested approval of Change Order No. 3 for $4,555.10, to the contract with Ryco Construction, Post Office Box 327, Gardena, in connection with the Fair- view load Slope Improvements. On motion by Vice Mayor Hornbuckle, seconded by Council Member Glasgow, the change order was approved by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Buffa, Hornbuckle, Genis, Glasgow None Amburgey Change Order No. 11 Staff requested approval of Change Order No. 11 for Valley Crest $23,628.30, to the contract with Valley Crest Land - Landscaping scaping, Incorporated, 1920 South Yale Street, Santa Fairview Road Ana,_in connection with the Fairview Park Improvements. Improvements On motion by Vice Mayor Hornbuckle, seconded by Council Member Glasgow, the change order was approved by the MOTION following roll call vote: Change Order AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Approved Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Amburgey Parking Prohibi- The Transportation Commission recommended that parking tion on College be prohibited along both curbs of College Avenue between Avenue Watson Avenue and Garlingford Street on Mondays from 8:00 a.m. to 10:00 a.m. for street sweeping. On motion MOTION by Vice Mayor Hornbuckle, seconded by Council Member Resolution 90-13 Glasgow, Resolution 90-13, A RESOLUTION OF THE CITY COUN- Adopted CIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF COLLEGE AVENUE FOR THE PURPOSE OF STREET SWEEPING, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Amburgey Parking Prohi- The Transportation Commission recommended that parking bition on Pomona be prohibited along both curbs of Pomona Avenue between Avenue Wilson Street and Joann Street, on Tuesdays from 12:00 noon to 2:00 p.m. for street sweeping. On motion by MOTION Vice Mayor Hornbuckle, seconded by Council Member Resolution 90-14 Glasgow, Resolution 90-14, A RESOLUTION OF THE CITY Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBI- TING PARKING ON A PORTION OF POMONA AVENUE FOR THE PURPOSE OF STREET SWEEPING, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Amburgey Countywide Waste On motion by Vice Mayor Hornbuckle, seconded by Council Management Task Member Glasgow, and carried 4-0, the County Waste Force Management Commission was designated as the Countywide MOTION/Task Force Waste Management Task Force as required by State Legis - Approved lation. BUSINESS PERAIT Item 4 on the Consent Calendar was presented: Notice of Access to Justice Intention to appeal or solicit for charitable purpose Foundation from Access to Justice Foundation, doing business as Voter Revolt Voter Revolt, 1535 East 17th Street, Suite 0, Santa Ana,. by solicitation of funds from February 21, 1990, to January 31, 1991. MOTION A motion was made by Vice Mayor Hornbuckle, seconded Permit Continued by Council Member Glasgow, to continue this item to March to March 5, 1990 5, 1990, for additional information and carried 4-0. Orange County Item 7 on the Consent Calendar was presented: Agree - Hang Gliding ment with Orange County Hang Gliding Association, 1202 Association East Walnut Street, Santa Ana, for use of a small por- tion of Fairview Park as a hang gliding training facil- ity for ground work and low level flights. At the Removed From request of the City Attorney, this item was removed Agenda from the Agenda for further review of the insurance requirements. Ad Hoc Community Item 13 on the Consent Calendar was presented: Development Formation of an Ad Hoc Community Development Committee. Committee The Vice Mayor made a motion to eliminate the public service duties from the Committee and to direct staff MOTION to revise items 2 through 7 on the Committee formation Formation Approved application. The motion was seconded by Mayor Buffa, with Amendments and carried.4-0. Request for Item 14 on the Consent Calendar was presented: On OCUTT Funds motion by Vice Mayor Hornbuckle, seconded by Council Member Glasgow, Item 3 in the Resolution was amended to Resolution 90-15 remove the wording "Harbor Center", and Resolution 90-15, Adopted with A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Amendment MESA, CALIFORNIA, REQUESTING THE ORANGE COUNTY TRANSPOR- TATION CCMMISSION TO INCLUDE WITHIN THE ORANGE COUNTY UNIFIED TRANSPORTATION TRUST (OCUTT) FUND, I24PROVO4ENTS TO THE TRAFFIC SIGNAL AND ROADWAY NETWORK, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Cenis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Amburgey 3 72 PUBLIC HEARING The Clerk announced that this was the time and place Sunshine Cab set for the public hearing for the Certificate of Company Public Convenience and Necessity for California Sun- shine Cab Company, 416 - 32nd Street, Suite C,.Newport Beach. Letters were mailed to other holders of Certifi- cates of Public Convenience and Necessity for taxicab service. No communications were received. The Finance Director summarized staff's memorandum dated February 6, 1990, and stated that the applicant has been in business since December, 1989, and has been unable to ccmply with some of the financial reporting information for that reason. The Finance Director read the Condi- tions recommended by staff. Wilbert L. Knowles, Sunshine Cab Company, 416 - 32nd Street, Newport Beach, responding to Council Member Glasgow, stated that two cabs will be used in Costa Mesa. He mentioned that more service was needed in Costa Mesa which he would like to provide. MOTION/Approved On motion by Vice Mayor Hornbuckle, seconded by Council Certificate of Member Genis, the Certificate of Public Convenience and Public Convenience Necessity was approved subject to the following condi- tions as outlined in Will Quinn's memorandum dated February 6, 1990: permit will be used for a period of six months at which time it will be reviewed by Council for a permanent permit; applicant will provide a copy of the firm's insurance policy naming the City of Costa Mesa as co-insured for the amount of one million dollars; applicant will charge the current rate schedule as approved by Council; and the applicant is not to adver- tise as Yellow Cab. The motion carried 3-1, Council Member Glasgow voting no. PUBLIC HEARING The Clerk announced that this was the time and place Appeal of PA -90-04 set for the public hearing to consider an appeal of Stevenson Planning Commission's denial of Planning Action PA -90-04 from Raquel A. Stevenson, 10921 Olson Drive, Rancho Cordova, authorized agent for Mark Stevenson, for a Conditional Use Permit to legalize a second unit as a granny unit, with a variance from driveway width requirements (9 feet existing; 10 feet required), or garage width requirements (9 feet proposed; 10 feet required), and a variance from parking stall dimension requirements (7.5 feet by 15 feet proposed; 8.5 feet by 18 feet required), for property at 2020 Monrovia Avenue in an Rl zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications were received. The Deputy City Manager/Development Services showed slides of the subject site and summarized staff's memorandum dated February 8, 1990. He reported that this project began as a code enforcement violation and has been through the entire staff process up to the Planning Commission and was unanimously denied by them. He mentioned concerns about the stucture being a legal structure as there were no building permits and the age of the building is unknown. Raquel Stevenson, 10921 Olson Drive, Rancho Cordova, presented a plan to bring the project up to code. She mentioned that they have owned the property approxi- mately 1-1/2 years and were not aware that the unit was in violation of the code. She was willing to do repairs and bring the unit up to code, and planned to rent the unit to senior citizens. ,373 Bob Shefflette, 2013 Monrovia Avenue, Costa Mesa, stated that he opposes the project along as do other neighbors, and reported that there was a parking problem at the location nightly. Sid Soffer, 900 Arbor Street, Costa Mesa, suggested further investigation by staff before directing that the unit be demolished. MOTION Following a brief discussion, a motion was made by Coun- PA-90-04 cil Member Glasgow, seconded by Council Member Genis, and Denied carried 4-0, to uphold .the Planning Commission's denial of PA -90-04 based on lack of adequate parking, Variances in conjunction with a granny unit request, and Planning Staff findings contained in the staff report. OLD BUSINESS The City Clerk presented Vehicle Parking District No. 1; Vehicle Parking Improvements and on-going maintenance between 18th District No. 1 Street and Broadway, east of Newport Boulevard. The Assistant to the City Manager gave a slide presenta- tion of the site and summarized staff's memorandum dated February 14, 1990. He reported on the proposed improve- ments on circulation; fencing and landscaping, lighting, and financing options. 'Ihe majority of the Council was in favor of investigating the use of Community Block Grant Funds to finance the project. The Vice Mayor expressed concern about -the accuracy of the topological view map being used for estimation of costs of projects. MOTION Vice Mayor Hornbuckle made a motion to refer Vehicle Referred to Trans- Parking District No. 1 improvements to the Transportation portation and and Planning Commissions for hearings. The motion was Planning Commissions seconded by Council Member Glasgow and carried 4-0. OLD BUSINESS The Clerk presented Ordinance 90-1 for second reading Subdivision Regu- and adoption. The ordinance amends the Municipal Code lations; Lot Line modifying the subdivision regulations, establishing lot Adjustment Proce- line adjustment procedures and clarifies the Zoning dures Administrator's authority. The Clerk also presented a resolution amending the Planning Division processing fee schedule in regard to lot line adjustments. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Ordinance 90-1 Member Glasgow, Ordinance 90-1, AN ORDINANCE OF THE CITY Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE TO MODIFY THE SUBDIVISION REGULATIONS, ESTABLISH LOT LINE ADJUSTMENT -PROCEDURES AND CLARIFY THE ZONING ADMINISTRATOR'S AUTHORITY, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Amburgey MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Resolution 90-16 Member Glasgow, Resolution 90-16, A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING THE PLANNING DIVISION PROCESSING FEE SCHEDULE IN REGARD TO LOT LINE ADJUS�'MENTS AND ELIMINATING THE FEE TO APPEAL A ZONING ADMINISTRATOR DECISION, was adopted by the following.roll.-gall vote: AYES: COUNCIL MEMBERS: _Buffa, Hornbuckle, _-Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Amburgey 374 OLD BUSINESS The Clerk presented Ordinance 90-2 concerning City Increased Salary Council salaries, for second reading and adoption. The for Council Members City Attorney said that pursuant to Sections 36516 and 36516.5 of the Government Code that although the Ordi- nance will be effective thirty days after adoption, it will not be operative until November 7, 1990, after the Municipal Election. Sid Soffer, 900 Arbor Street, Costa Mesa, was of the opinion that this method of increasing Council salaries was unconstitutional as there may be a conflict of interest. MOTION On motion by Council Member Glasgow, seconded by Vice Ordinance 90-2 Mayor Hornbuckle, Ordinance 90-2, AN ORDINANCE OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING INCREASE IN SALARY FOR MEMBERS OF THE CITY Becomes Operative COUNCIL, was given second reading and adopted by the November 7, 1990 following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Glasgow NOES: COUNCIL MEMBERS: Buffa ABSENT: COUNCIL MEMBERS: Amburgey CITY MANAGER The City Manager requested approval to process the REPORTS necessary Budget Adjustment and to initiate recruitment Addition of for an additional Administrative Assistant position for Administrative the Housing and Community Development Division. He men - Assistant tioned that if the request were approved, the entire cost would be charged 100 percent to the Administrative Budget of the Community Development Block Grant Fund. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Position Council Member Glasgow, to approve the City Manager's Approved request for an additional Administrative Assistant posi- tion in the Housing and Community Development Division. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Amburgey General Plan At the suggestion of the City Manager, Mayor Buffa Meetings announced that the General Plan meeting scheduled for February 27, 1990, would be postponed until Wednesday, March 7, 1990, following the 5:30 p.m. Redevelopment Agency meeting in the Council Chambers. COUNCIL MEMBER Council Member Genis mentioned studying smaller single - COMMENTS family subdivison lots to make provisions for a minimum lot size that would permit a second structure or granny Single Family unit on the property and suggested that one of the units Lots be owner -occupied, perhaps causing the owner to take better care of the property. She mentioned that time frames for parking should also be considered. Inaccurate Council Member Glasgow requested that the City Attorney Survey investigate recovering funds paid by the City for errors caused by inaccurate surveys. Council Member Genis concurred,.with Council Member Glasgow. General Plan Mayor_.Buffa reminded everyone that there would not be Meeting Schedule a, --General Plan meeting on February 27, 1990. ADJOURNMENT The Mayor declared the meeting adjourned at 8:05 p.m. Mayor of the Cityt&g Costa Mesa ATTEST: ity Clerk of the City of Costa M a I.