Loading...
HomeMy WebLinkAbout03/19/1990 - City Council'3 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA MARCH 19, 1990 The City Council of the City of Costa Mesa, California, met in regular session March 19, 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 Michael Decker, Harbor Trinity Church. ROLL CALL Council Members Present:; Mayor Peter Buffa Vice Mayor Mary Hornbuckle Council Member Ory Amburgey Council Member Sandra Genis Council Member Edward Glasgow Council Members Absent: None Officials Present: City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Develop- ment Services Donald Lamm Public Services Director William Morris City Clerk Eileen Phinney MINUTES - On motion by Council Member Amburgey, seconded by Vice March 5, 1990 Mayor Hornbuckle, and carried 5-0, the minutes of the regular meeting of March 5, 1990, were approved as distributed. ORDINANCES A motion was made by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, to read all ordinances by title only. PROCLAMATION Vice Mayor Hornbuckle read a proclamation declaring Lithuanian March 20, 1990, as "Lithuanian Freedom Day", and pre - Freedom Day sented the document to three ladies representing the American -Lithuanian community. Council Member Genis, who is of Lithuanian descent, was presented with a sash from the three representatives. .ORAL Richard Goldstein, 1981 Wallace Avenue, Costa Mesa, COMMUNICATIONS complained about the tow trucks parked on Palace Avenue even though "no parking" signs have been installed. Mr. Parking Violations Goldstein claimed that two police officers with whom on Palace Avenue he lodged a complaint stated that they would not cite the truck owners because they have contracts with the City. Mayor Buffa requested a report from the City Manager on the parking violations. The City Manager stated that this was the first time he had heard of the problem with tow trucks, and asked Mr. Goldstein for the names of the police officers with whom he had his conversation. Conflict of Jay Humphrey, 1620 Sandalwood Street, Costa Mesa, Interest requested that Council adopt an ordinance regarding Ordinance ethics in government and conflict of interest. He suggested that the ordinance address Council's voting on items involving relatives and campaign contributors, I� '99 and recommended one guideline which would prohibit a Council Member from voting on an application if the applicant had contributed more than $250.00 to his/her campaign. ANNOUNCEMENT Mayor Buffa announced that the applicant for the second R-90-01 public hearing, Rezone Petition R-90-01 for property at Elliott/Gist 2109-2115 Valley Road, has requested a continuance. He mentioned that it has been Council's policy to grant the continuance when requested by the applicant. CONSENT CALENDAR The following items were removed from the Consent Calendar: Item 4, Contract award for Traffic Signal Modification on Superior Avenue at 16th Street/ Industrial Way; Item 5, Agreement with Orange County Sanitation Districts to combine the Arnel intersection project with the County project along Baker Street; and Item 8, Agreement with DKS Associates for a City- wide traffic signal coordination study. 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: ODUNCIL 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: Bret Hill Bashara; Adrienne Green; Hassan Hajisafari; Michael Wayne Mitchell; Rafael Ramirez Quintero; and Helen Vitucci. Alcoholic Alcoholic Beverage License for which parking has been Beverage approved by the Planning Division: Frank R. Acquarulo, License doing business at 2831 Bristol Street, Suite A. Public Utilities Notice frcxn Pacific Bell, 140 New Montgomery Street, Commission San Francisco, that an application has been filed with the Public Utilities Commission for a rate change. Notice from AT&T Communications, 795 Folsom Street, San Francisco, that an application has been filed with the Public Utilties Commission for a rate increase. Malathion Resolution from the City of Rosemead requesting that Spraying the aerial application of Malathion insecticide be suspended in Los Angeles County. Harbor Boulevard Letter from Curtis Herberts, Re Max Realtors, 234 East Widening 17th Street, Suite 117, Costa Mesa, opposing any addi- tional widening of Harbor Boulevard north of 19th Street. SET FOR PUBLIC On motion by Council Member Amburgey, seconded by Vice HEARING Mayor Hornbuckle, and carried 5-0, the following items were set for public hearing April 2, 1990, at 6:30 p.m., GP -90-01 and in the Council Chambers of City Hall: R-90-02 Griffith/Burge For Dwight J. Griffith, 2121 East Coast Highway, Suite 280, Corona del Mar, authorized agent for Gary MOTION 0. Burge D.V.M., 736 Whalers Way, Suite F-250, Fort Hearing Set for Collins, Colorado, for Newport Animal Hospital at April 2, 1990 125 Mesa Drive: 040 0 General Plan Amendment GP -90-01, to change the land use designation from Medium Density Residential to Neighborhood Commercial. Rezone Petition R-90-02, to rezone from R2 to Cl. Environmental Determination: Negative Declaration. WARRANTS On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, Warrant Resolution 1460, including MOTION Payroll 9005, was approved by the following roll call Warrant 1460 vote: Approved AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None SB 821 Bicycle/ On motion by Council Member Amburgey, seconded by Vice Pedestrian Funds ;Mayor Hornbuckle, Resolution 90-21, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION APPROVING THE APPLICATION FOR BICYCLE AND/OR PEDESTRIAN Resolution 90-21 FUNDS AUTHORIZED UNDER SENATE BILL 821 AND APPROVING Adopted ADOPTION OF ITS BICYCLE AND/OR PEDESTRIAN PLAN, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order No. 7 Staff requested the following action for Measure "C" New and Notice of Sidewalk Construction 1988-89; B-1 Enterprise Corpora - Completion for tion, contractor, Post Office Box 714, Rancho Cucamonga: Measure "C" New Sidewalk Construc- Approve Change Order No. 7 for $17,284.00, to grade an tion 1988-89/B-1 additional 17,284 square feet of ground; and Enterprise Accept the improvements since the project has been completed to the satisfaction of the Public Services Director. MOTION On motion by Council Member Amburgey, seconded by Vice Change Order Mayor Hornbuckle, the change order was approved; the Approved; improvements were accepted; the Clerk was authorized to Improvements file a Notice of Completion; retention funds were Accepted ordered released 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 Traffic Signal on Item 4 on the Consent Calendar was presented: Contract Superior Avenue at for Traffic Signal Modifications on Superior Avenue at 16th Street/ 16th Street/Industrial Way, Specification No. 90-2. Industrial Way Richard Goldstein', 1981 Wallace Avenue, Costa Mesa, asked whether the contractor recommended for this project is the same contractor working on signal modi- fications on Placentia Avenue. Mr. Goldstein complained about the length of time it is taking for the Placentia improvements to be completed. The Public Services Director replied that the contractor being recommended for the Superior Avenue project is not the same one that is working on the Placentia Avenue signals. MOTION/Awarded to On motion by Vice Mayor Hornbuckle, seconded by Council Intersection Member Amburgey, the contract was awarded to Intersec- Maintenance tion Maintenance Service, 244 East Avenue, Suite K-4, Service Lancaster, for $56,689.00. 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 Item 5 on the Consent Calendar was presented: Agreement County Sanitation with Orange County Sanitation Districts 6, 7, and 14 to Districts combine the Arnel Development intersection widening project at Fairview Road and Baker Street with the Combined Arnel and Orange County Sanitation District project along Baker Orange County Street. Staff reported that both agencies concur that Sanitation combining the projects will minimize the construction Projects impact on heavily traveled Fairview Road and Baker Street, and will reduce project expenses by eliminating duplication of work. Council Member Genis removed this item for discussion to point out that public agencies can work together to minimize the inconvenience of construction projects. Council Member Genis asked if Arnel Development would be allowed to occupy its buildings prior to completion of all improvements. The Deputy City Manager/Development Services reported that he expects the improvements to be completed long before the two buildings are completely occupied. He suggested having the City Attorney review the terms of the Development Agreement concerning occupancy. MOTION On motion by Council Member Genis, seconded by Vice Agreement Approved 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 DKS Item 8 on the Consent Calendar was presented: Agreement Associates with DKS Associates, 2700 North Main Street, Santa Ana, for $69,440.00, to provide a Citywide traffic signal Citywide Traffic coordination study. Signal Study Mayor Buffa noted that the proposal from DKS Associates is $13,000.00 higher than the low bidder because DKS included all incidental expenses; however, he suggested that staff ask the low bidder to resubmit his proposal including all expenses. MOTION A motion was made by Mayor Buffa, seconded by Council Requested Amended Member Glasgow, directing staff to have low bidder, Proposal from RBF/ RBF/Herman Kimmel and Associates, resubmit its proposal Herman Kimmel and to include all incidental expenses. Vice Mayor Hornbuckle stated that one of the intersec- tions to be examined is Fairview Road/Baker Street, and since Council just approved a contract involving improvements of that intersection, she suggested that it may be prudent to -eliminate it from this contract. The motion carried 5-0. Kim PUBLIC HEARING Planned Signing Program; Minor Sign Variances; Special Event Signing; and Letter Height The Clerk announced that this was the time and place .set for the public hearing to consider an ordinance amending Titles 5 and 13 of the Costa Mesa Municipal ,Code pertaining to Planned Signing Program procedures, minor sign variances, special event signing, and letter ;height. Environmental Determination: Exempt. The Affidavit of publication is on file in the Clerk's office. No communications were received. The Deputy City Manager outlined the proposed procedural changes: Allowing Planned Signing Programs in all zones. (The program is presently limited to commercial and indus- trial districts.) Processing Planned Signing Programs as minor Condi- tional Use Permits through the Zoning Administrator. (Existing ordinance requires Planning Commission approval. The Planning Commission opposed this change.) Allowing minor sign variances (administrative adjust- ments) for all signs rather than only signs that were made nonconforming by the adoption of the Sign Ordi- nance but reducing the percentage of deviation allowed from 25 percent to 15 percent. Permitting balloons and other inflatable objects with the same restrictions as banners, flags, and pennants. (Currently, balloons larger than 24 inches in diameter are prohibited.) Allowing special event signing for 14 days per calen- dar quarter rather than 30 days per calendar year. Allowing average letter height with certain restric- tions. The Deputy City Manager stated that the Planning Commis- sion recommended adoption of the ordinance except for Sections 5-122(c)(1) and 13-354 relating to the change for Planned Signing Programs. He reported that the decision of the Zoning Administrator can be appealed to the Planning Commission and City Council. MOTION/First A motion was made by Council Member Glasgow, seconded Reading Given to by Council Member Amburgey, to give first reading to Ordinance 90-3 as Ordinance 90-3, AN ORDINANCE OF THE CITY COUNCIL OF THE Recommended by the CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 5 OF THE Planning Commission COSTA MESA MUNICIPAL CODE REGARDING SIGN REGULATIONS There being no speakers, the Mayor closed the public hearing. Motion to Adopt an Ordinance as A motion was made by Council Member Glasgow to give Recommended by the first reading to the proposed ordinance except that Planning Commission Sections 5-122(c)(1) and 13-354 shall remain in their Died for Lack of a existing forms. The motion died for lack of a second. Second A motion was made by Council Member Genis, seconded by Motion to Adopt Vice Mayor Hornbuckle, to give first reading to the Amended Ordinance proposed ordinance except that Section 5-121(d)(2) shall Failed to Carry read: "Approval period. Approval for special event signing shall not exceed ten (10) days per calendar quarter, nor two (2) events per quarter". The motion failed to carry 3-2, Council Members Buffa, Amburgey, and Glasgow voting no. MOTION/First A motion was made by Council Member Glasgow, seconded Reading Given to by Council Member Amburgey, to give first reading to Ordinance 90-3 as Ordinance 90-3, AN ORDINANCE OF THE CITY COUNCIL OF THE Recommended by the CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 5 OF THE Planning Commission COSTA MESA MUNICIPAL CODE REGARDING SIGN REGULATIONS �, 0 3 PERTAINING TO SPECIAL EVENT SIGNING, PLANNED SIGNING PROGRAMS, AND MINOR VARIANCE PROCEDURES; AND AMENDING TITLE 13 REGARDING MINOR CONDITIONAL USE PERMITS AND ADMINISTRATIVE ADJUSTMENTS, as recommended by the Plan- ning Commission (Sections 5-122(c)(1) and 13-354 shall remain in their existing forms.) The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Glasgow NOES: COUNCIL MEMBERS: Hornbuckle, Genis ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced the public hearing for Rezone R-90-01 Petition R-90-01, Van Elliott, 135 Commercial Way, Costa Elliott/Gist Mesa, authorized agent for Dorie L. Gist, 2109 Valley Road, Costa Mesa, to rezone property at 2109-2115 Valley Road from R1 to PDR -MD. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. A petition containing 86 signatures and five letters were received opposing the rezone. A letter was received from Craig Hampton, the appli- cant's representative, requesting a continuance to April 2, 1990. MOTION A motion was made by Council Member Glasgow, seconded by Continued to Council Member Amburgey, to continue the public hearing April 2, 1990 to April 2, 1990. Roger Blanchard, 1144 Sea Bluff Drive, Costa Mesa, wanted an Environmental Impact Report prepared for this project because of its affect on the quality of life of the surrounding residents and its impact on the environ- ment. The motion to continue the public hearing carried 5-0. PUBLIC HEARING The Clerk announced the public hearing to consider an Appeal of PA -90-24 application from Rod Cunha, Rita Garofalo, Bill McKay, Share Our Selves Bob Taylor, Scott Sarkisian, and Mark Peter Sarkisian, representing Dan's Automotive, Garf's Restaurant and Lounge, Auto Electric, Taylor's Trim Shop, Normandie Finishing, AAA Propeller Service, and Rosey's Auto Body, appealing the Planning Commission's approval of Planning Action PA -90-24 for Share Our Selves, c/o Scott Mather, 3400 Irvine Avenue, Suite 102, Newport Beach, authorized agent for Viken Keuylian, 18547 Santa Ramona, Fountain Valley, for a Conditional Use Permit to operate a food and clothing distribution center including counseling and financial assistance in an industrial building at 1550 Superior Avenue in an MG zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. Two communications were received in favor of the appli- cation; 99 communications were received in opposition to the request. The Deputy City Manager/Development Services showed slides of the property from various angles, and summar- ized staff's memorandum dated March 15, 1990, and the attached Staff Report, stating that the Planning Commis- sion recommended approval subject to conditions shown in the Staff Report with the following modifications: Condition No. 3 was amended: "The parking lot shall be restriped to provide up to 53 parking spaces." 0 Condition No. 12 was added: "The applicant shall work with the Planning staff regarding a lattice type designed addition to be installed on top of the six- foot high fence located to the rear of the building to provide additional security for the adjacent trailer park". Condition No. 13 was added: "The applicant shall work with the Orange County Transit District to determine the feasibility of establishing a bus stop nearer to the subject facility". In concluding his report, the Deputy City Manager advised that the Public Services Department determined that there are approximately 162 vehicle trips per day (81 trips each way) generated by Share Our Selves (SOS). He felt that 53 parking spaces would.be adequate for the needs of SOS and Garf's Restaurant. The Deputy City Manager answered questions from Council regarding the many uses allowed in the MG zone, mostly manufacturing uses. Public Comments Jean Forbath, Director of SOS, 2880 Clubhouse Road, in Favor of the Costa Mesa,"stated that she has submitted a plan to Request the Development Services Department for 53 parking spaces, and she explained the changes that are being proposed to better utilize the site and to reduce the impacts on the adjacent properties. Ed Conner, 611 Anton Boulevard, Costa Mesa, member of the SOS Board of Directors, contended that opposition to the relocation is because of SOS's clients, not the parking issue. Frank Forbath, 2880 Clubhouse Road, Costa Mesa, claimed that fear of SOS clients has carried over from the fears expressed by residents residing near Rea Community Center (the present site of SOS). RECESS The Mayor declared a recess at 8:35 p.m., and the meet- ing reconvened at 8:45 p.m. The following persons also spoke in support of approving the Conditional Use Permit: David Cosgrove, 611 Anton Boulevard, Costa Mesa; Jim Doyle, 281 Walnut Avenue, Costa Mesa; Sonja Lee Babels, 1168 Gleneagles Terrace, Costa Mesa; Ellen Wright, 999 Hartford Way, Costa Mesa; James P. Schabarum, 188 East 17th Street, Costa Mesa; Jack Fulsebakke, 119 Yorktown Lane, Costa Mesa; Karen McGlinn, 2365 Notre Dame Road, Costa Mesa; and Art Kidman, 3100 Bristol Street, Costa Mesa. Public Comments The following persons spoke in opposition to granting in Opposition to the Conditional Use Permit, most of the reasons being the Request inadequate parking, increased traffic, concern for the safety of pedestrians using the SOS facility; and the negative impact of this use on the surrounding resi- dential and business areas: 0 1 F, Phil Morello, 592-C Hamilton Street, Costa Mesa; Pat Shehan, representing the Park Lido Homeowners Association, 439 Bolero Way, Newport Beach; Rick Parkinson, Anchor Trailer Port, 1527 Newport Boulevard, Space 25, Costa Mesa; Rod Cunha, 116 Industrial Way, Costa Mesa, representing 250 business owners impacted by relocation of SOS to 1550 Superior Avenue; Don Reddington, 1599 Superior Avenue, Suite B8, Costa Mesa; Michael Steiner, 2485 Irvine Avenue, Costa Mesa, owner of property at 1560 Superior Avenue; Carolee B. Stevens, 244 Broadway, Costa Mesa; Rita Garofalo, owner of Garf's Restaurant, 1550 Superior Avenue; Diane Plummer, 1846 Samar Drive, Costa Mesa; Ed Rodriguez, 1550 Superior Avenue; Mark Sarkisian, owner of property at 1603 Superior Avenue; Burt Butler, Anchor Trailer Port, 1527 Newport Boule- vard, Costa Mesa; Patricia Sowers, 465 Bolero Way, Newport Beach; Kimberly Ryneal, Anchor Trailer Port, 1527 Newport Boulevard, Costa Mesa; Bill McKay, 137 Industrial Way, Costa Mesa; Bob Lin, Corona del Mar, owner of Anchor Trailer Port, 1527 Newport Boulevard, Costa Mesa; Len Garofalo, Garf's Restaurant, 1550 Superior Avenue; Richard Goldstein, 1981 Wallace Avenue, Costa Mesa; Scott Sarkisian, 1603 Superior Avenue; Pat Dolan, 923 West 20th Street, Costa Mesa, represent- ing himself and the Mesa West Homeowners Association; Frank Michaud, 454 Orion Way, Newport Beach; Diane Rodriguez, 1550 Superior Avenue; Raymond Andes, Anchor Trailer Port, 1527 Newport Boule- vard, Costa Mesa; Jody Page, owner of a business at 1560 Superior Avenue; Priscilla Mischaud, 454 Orion Way, Newport Beach; James Peterson, 1999 Rosemary Place, Costa Mesa; and Bob Cisek, Boss Marine, 132 Industrial Way, Costa Mesa. .. 406 The City Manager referred to a report from his office dated March 15, 1990, which contains compensation data frcm comparable cities in order to evaluate the City's compensation rate for Planning Commissioners. The City Manager addressed two proposed resolutions: one would provide for a fixed monthly salary regardless of the number of meetings; and the second resolution would set a rate on a per -meeting basis with a monthly maximum. Vice Mayor Hornbuckle preferred paying the Planning Commissioners a monthly rate and suggested that two Study Sessions per month may not be needed; there- fore, the sessions should be scheduled as required. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Resolution 90-22 Council Member Genis, to adopt Resolution 90-22, A Adopted RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, SETTING THE SALARIES OF THE PLANNING COMMISSIONERS, stipulating a payment of $400.00 per month, eliminating mileage allowance, and recommending that Study Sessions be scheduled as needed. Council Member Amburgey wanted the salary set at $500.00 p --r —onth. The motion to adopt Resolution 90-22 carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Genis, Glasgow NOES: COUNCIL MEMBERS: Amburgey ABSENT: COUNCIL MEMBERS: None 1 .Jim Ferryman, 1095 Tulare Drive, Costa Mesa, represent- ing the Costa Mesa Chamber of Commerce, requested that this item be continued because more time was needed to resolve the problem of a suitable location for SOS. There being no other speakers, the Mayor closed the public hearing. , Vice Mayor Hornbuckle commented that the City asked SOS to move from the residential area, and now people are opposing SOS's move to an industrial area where uses with much greater impacts could operate by right. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by PA -90-24 Approved Council Member Genis, upholding the Planning Commis- sion's approval of Planning Action PA -90-24, based on the findings and conditions contained in the Staff Report, with Condition No. 3 modified, adding Conditions 12 and 13 as shown in staff's memorandum of March 15, and adding Condition No. 14, a stipulation that SOS shall work with Anchor Trailer Port to determine the feasibil- ity of providing a card -operated gate. Council Member Amburgey stated that he would not support the motion, gave reasons for his decision, and responded to comments made by some of the speakers. The motion to approve PA -90-24 carried 4-1, Council Member Amburgey voting no. RECESS The Mayor declared a recess at 10:20 p.m., and the meet- ing reconvened at 10:30 p.m. OLD BUSINESS The Mayor presented from the meeting of February 5, Planning 1990, a resolution setting the salaries for Planning Commissioners' Commissioners. Salaries The City Manager referred to a report from his office dated March 15, 1990, which contains compensation data frcm comparable cities in order to evaluate the City's compensation rate for Planning Commissioners. The City Manager addressed two proposed resolutions: one would provide for a fixed monthly salary regardless of the number of meetings; and the second resolution would set a rate on a per -meeting basis with a monthly maximum. Vice Mayor Hornbuckle preferred paying the Planning Commissioners a monthly rate and suggested that two Study Sessions per month may not be needed; there- fore, the sessions should be scheduled as required. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Resolution 90-22 Council Member Genis, to adopt Resolution 90-22, A Adopted RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, SETTING THE SALARIES OF THE PLANNING COMMISSIONERS, stipulating a payment of $400.00 per month, eliminating mileage allowance, and recommending that Study Sessions be scheduled as needed. Council Member Amburgey wanted the salary set at $500.00 p --r —onth. The motion to adopt Resolution 90-22 carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Genis, Glasgow NOES: COUNCIL MEMBERS: Amburgey ABSENT: COUNCIL MEMBERS: None 1 NEW BUSINESS The Clerk presented a supplement to the adopted Parkway Parkway Maintenance Maintenance and Tree Preservation Policy providing a and Tree Preserva- mechanism to allow certain destructive trees to remain tion Policy within a parkway at the property owner's expense. MOTION Council Member Amburgey stated that the City Manager Continued to has more information which is not available at this April 2, 1990 time, and made a motion to continue this item to April 2, 1990. The motion was seconded by Mayor Buffa, and carried 5-0. NEW BUSINESS The Clerk presented two items concerning house reloca- Victoria Street tions in conjunction with the Victoria Street Widening Widening Project; Project: House Relocations Agreement No. D90-042 with the County of Orange authorizing relocation of up to 10 structures. A request for additional funding, not to exceed $150,000.00, to assist the County in relocating additional structures; and a direction for staff to proceed with preparation of an agreement for that purpose. The Public Services Director summarized the information contained in his memorandum dated March 12, 1990. The City Attorney reported that a provision was included in the agreement concerning the County's responsibility relating to asbestos -containing materials. MOTION On motion by Council Member Amburgey, seconded by Vice Agreement Mayor Hornbuckle, Agreement D90-042 was approved, and Approved 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: Amburgey. ABSENT: COUNCIL MEMBERS: None MOTION A motion was made by Council Member Amburgey, seconded Funds Authorized; by Council Member Glasgow, authorizing additional funds Staff Directed to in an amount not to exceed $150,000.00, to assist the Prepare Agreement County in relocating additional structures; and direct- ing staff to prepare an agreement for this purpose. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: Amburgey ABSENT: COUNCIL MEMBERS: None NEW BUSINESS On motion by Council Member Glasgow, seconded by Vice Orange County Mayor Hornbuckle, and carried 5-0, the Orange County Chamber Orchestra Chamber Orchestra was authorized to conduct one concert at Estancia High School instead of four concerts at two MOTION/Approved Costa Mesa schools as requested in its 1989 Cultural One Concert Arts Grant application. NEW BUSINESS The Clerk presented a resolution opposing establishment Satellite Wagering of satellite wagering or off-track betting at the Orange at the Fairgrounds Orange County Fairgrounds in Costa Mesa and requesting the Orange County representatives in the California State Legislature to oppose any legislation authorizing satellite wagering at the Fairgrounds. The City Manager spoke about Assembly Bill 4239, intro- duced by Assemblyman Gil Ferguson, which would permit satellite wagering on horse races at the Fairgrounds. He referred to a letter dated March 19, 1990, from ,Norbert J. Bartosik, General Manager of the Fairgrounds, .requesting that the City Council delay voting on the proposed resolution opposing satellite wagering until the next regular Council meeting of April 2, 1990. Council Member Genis was against the proposed use at the Fairgrounds, and was especially concerned about the intention of the Fair Board to have the wagering facil- ity located at the Fair Drive/Fairview Road intersection because of its proximity to the residential area and the church. John Feeney, 1154 Dorset Lane, Costa Mesa, read a ,resolution adopted by the Costa Mesa Republican Assembly which opposes the satellite wagering proposal. Ron Bauer, 2569 Oxford Lane, Costa Mesa, suggested that Council delay any decisions on this matter for six weeks so that the City and the Fair Board can complete a study. Lance Thompson -Hailstone, 1102 El Camino Drive, Costa Mesa, was against having a satellite wagering facility at the Fairgrounds because he believed it would increase the crime rate and create additional traffic problems. ,Clinton Hoose, member of the Orange County Fair Board, ;requested that Council delay adoption of the resolu- tion until the Board had an opportunity to make a presentation at a future Council meeting. Mr. Hoose answered questions from the Council regarding the Fairgrounds Master Plan and satellite wagering. Norm Snow, 2746 San Juan Lane, Costa Mesa, opposed the wagering facility, stating that the neighborhood did not need more noise and traffic from the Fairgrounds. Frank Cole, 2482 Fairview Way, Costa Mesa, represent- ing the Fairview Village Homeowners Association, reported that the Homeowners Association unanimously opposed the wagering concept proposed for the Fair- grounds. He commented that the Fair Board has never made an effort to communicate with the residents. Vice Mayor Hornbuckle asked when a vote would be taken on AB 4239. Becky Bailey, Fairgrounds Assistant Manager, responded that the Bill was introduced on March 2, 1990; no action will be taken for at least 30 days; the Bill will be assigned to an Assembly Govern- mental Organization Committee and if approved, will move to the Assembly Ways and Means Committee; a majority vote by the latter will move the Bill to the Assembly floor, and if it receives a majority vote, it will move to the State Assembly. Ernie Feeney, 1154 Eorset Lane, Costa Mesa, reported that she received a copy of the amended Fair Board Agenda for March 22, 1990, and one item is a letter dated February 12, 1990, from the Office of the Auditor General and other miscellaneous correspondence regarding procedures for selecting vendors and obtaining simulcast equipment. Mrs. Feeney also mentioned that another item on the Agenda is a proposal from the General Manager of Pacific Amphitheatre to increase parking fees. John Feeney spoke again and urged Council to adopt the resolution opposing satellite wagering. 1 `.. 409 Jack Fulsebakke, 119 Yorktown Lane, Costa Mesa, thought the City should investigate the wagering proposal and if the project were feasible, support it. Council Member Amburgey was in favor of withholding any action until more information has been received. A Motion Made to motion was made by Council Member Amburgey, seconded Continue to by Mayor Buffa, to continue this item to April 2, 1990. April 2,'1990 Mayor Buffa wanted more information before voting on the proposed project. Council Member Genis believed it was necessary to act on this issue immediately, and not wait until AB 4239 reached the Assembly floor. Council Member Glasgow concurred with Council Member Genis's comment. Council Member Amburgey was willing to amend his motion by including a direction to staff to send a letter to Assemblyman Ferguson to express the concerns of the Council. The City Manager suggested that if Council wanted more information on satellite wagering, the item should be continued to April 2, 1990, and staff directed to contact Assemblyman Ferguson's office to ask for some- thing in writing, either a ccmmitment that he would not move the bill out of the Assembly until Council adopted a resolution supporting satellite wagering, or that he would agree to make this a two-year bill. Vice Mayor Hornbuckle agreed with the recommendation made by the City Manager. Council Member Genis was in favor of adopting the resolution in opposition to the project, and suggested that if Council later agreed that satellite wagering would not adversely affect the community, the resolution could be repealed. SUBSTITUTE MOTION Council Member Glasgow made a substitute motion to Continued until continue this item until more information is received More Data is from the Fair Board, and directing staff to correspond Received; Directed with Assemblyman Ferguson asking him not to proceed any Staff to Contact further with the bill without a letter of support from Assemblyman about Council. The substitute motion was seconded by Vice Delaying the Bill Mayor Hornbuckle. Clinton Hoose, Fair Board member, reported that the Fair could make a presentation by the next Council meeting on April 2. AMENDED SUBSTITUTE After further discussion, Council Member Glasgow made MOTION/Continued an amended substitute motion to continue this item to April 2, 1990; to April 2, 1990, with the same direction to staff Gave Same Direction about contacting Assemblyman Ferguson's office. The to Staff amended substitute motion was seconded by Vice Mayor Hornbuckle, and carried 4-1, Mayor Buffa voting no. Clinton Hoose asked for clarification of when Council expected a presentation by the Fair Board. Vice Mayor Hornbuckle responded that it was her understanding that the Fair Board would provide the necessary information at the Council meeting of April 2 or sooner if possible. CITY ATTORNEY The City Attorney referred to Council's request at the REPORTS meeting of March 5, 1990, for a report concerning noise abatement procedures and fees concerning noise at neigh - Neighborhood borhood parties. He referred to his report of March 13, Party Noise 1990, which indicates that the Municipal Code contains Abatement several procedures to seek a criminal citation against the offenders and also impose various fines. He stated that at the present time, the Code does not permit 410 collection of fees for the abatement of the noise viola- tions; however, as a general rule, he has determined that the City can,be reimbursed for costs for abating the noise violations as a nuisance. City Records on The City Attorney addressed the complaint by Harry Harry Pickett Pickett at the Council meeting of March 5, 1990, alleg- ing that the Costa Mesa Police Department failed to maintain a record of transactions made on their computer data base and microfilm records. The City Attorney referred to his report dated March 12, 1990, and stated that after investigation, he has determined that the allegations by Mr. Pickett are without merit; in fact, the Police Department does maintain accurate records; the Department has no record of Mr. Pickett's traffic incidences in another county; and the Police are in compliance with records requirements. The City Attorney advised that his report is available in the City Clerk's office if Mr. Pickett desires to obtain a copy. Proposed Ordinance The City Attorney presented his report of March 15, for a Parks and 1990, which addresses Council's request at the meeting Parkways Commission of March 5, 1990, for information on whether an ordi- nance is required to establish a Parks and Parkways Commission. The City Attorney determined that State Code requires an ordinance to form either a committee or commission on parks and parkways because the ccmmis- sion would have certain planning functions. The City Attorney referred to a proposed ordinance which he provided with his March 15 report. CITY MANAGER The City Manager summarized his memorandum of March 15, REPORTS 1990, which addresses Council's request at the meeting of March 5, 1990, for information on that which would Parks and Park- be required in the way of staff support and costs to ways Commission form a Parks and Parkways Commission. At this time, the City Manager was not able to advise them on the impact the commission would have on the current staff- ing in the Comunity Services Department. He stated that he has assigned five or six committees to this department in the last year, and it may be necessary for him to provide a more detailed report on financial impacts and staff resources after the upcoming budget hearings. vice Mayor Hornbuckle asked for clarification, that is, if Council were to adopt an ordinance to form the commission, was it the City Manager's recommendation to delay establishing the commission until after the budget hearings, or would the matter of staffing be decided during the budget hearings. The City Manager replied that staff is in the process of conducting budget hearings; however, if Council decides to proceed with the ordinance, he suggested placing it on the Agenda for first reading, and if the issue has not been resolved during the budget hearings, second reading of the ordinance should be delayed until all information is available. Redevelopment The City Manager presented his report dated March 15, Project Area for 1990, regarding a preliminary study to establish a North Costa Mesa Redevelopment Project Area for infrastructure financing for North Costa Mesa. He pointed out that financing mechanisms are on hold because of the current update of the General Plan. 1 Referring to a 1988 study by Fieldman Rolapp and Associ- ates on the financial analysis of options for funding transportation and public safety improvements in North Costa Mesa, the City Manager stated that the report mentioned establishing a Redevelopment Project Area, an option not frequently used in California. The City Manager referred to the proposal (submitted with his March 15 memorandum) from P.M W Associates, 232 West Avenida Gaviota, San Clemente, concerning the feasi- bility study on establishingsuch an area. The City Manager clarified.for the public that staff will be encouraging the Council to preclude any consid- eration or discussion of.using eminent domain because it definitely is not a part of this study. The City Manager recommended that Council authorize,him to negotiate a detailed "Scope of Wbrk" contract with the City's consultant, after which he will submit a recommendation on a funding source; or, Council could direct him to place this item on the April 9, 1990, Study Session for further discussion. Motion Made to A motion was made by Council Member Amburgey, seconded Authorize City by Council Member Glasgow, directing the City Manager Manager to to prepare a "Request for Proposal" so that a consultant Prepare "Request can be selected to prepare a feasibility study from the for Proposal" proposals received. Mayor Buffa preferred to place this matter on a Study Session agenda. SUBSTITUTE MOTION A substitute motion was made by Vice Mayor Hornbuckle, Referred to Study seconded by Mayor Buffa, directing staff to place this Session item on a Council Study Session agenda for further discussion. The motion carried 3-2, Council Members Amburgey and Glasgow voting no. COUNCIL MEMBERS Council Member Genis wanted staff to pursue the matter COMMENTS of recovering costs for the abatement of noise from Noise Abatement neighborhood parties. Parks and Parkways Council Member Genis expressed her desire to have the Commission ordinance concerning formation of a Parks and Parkways Commission placed on the Council Agenda as soon as possible. Satellite Council Member Glasgow reported that he had asked staff Wagering to contact Assemblyman Ferguson's office so that he could meet with him to discuss the satellite wagering bill, and the outcome was that City staff was told that the Assemblyman did not want to discuss the matter. Substance Abuse Vice Mayor Hornbuckle was very impressed by substance Seminar abuse seminar she recently attended at the Neighborhood Community Center, and suggested that all Department Heads attend these sessions. The City Manager replied that first-line supervisors and Department Heads will be attending the seminars. Parking Fess at Vice Mayor Hornbuckle requested the City Manager to Amphitheatre provide comments to the Fair Board regarding increase in parking fees for the Pacific Amphitheatre. City Membership Vice Mayor Hornbuckle stated that she had intended to in Chamber of suggest that Council reconsider the City's membership Commerce in the Chamber of Commerce because she believed the 4 12 Chamber's action regarding SOS was ill-advised. She was pleased that the Chamber reconsidered their position on the SOS issue. ADJOURNMENT The Mayor declared the meeting adjourned at 12:35 a.m. Mayor of the CityWo sta Mesa ATTEST: - , ity Clerk of the -City of Costa Mes 1