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HomeMy WebLinkAbout10/15/1990 - City CouncilREGULAR MEETING OF THE -CITY COUNCIL CITY OF COSTA MESA OCTOBER 15, 1990 The City Council of the City of Costa Mesa, California, met in regular session October 15, 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 Rod Randall, Harbor Trinity Church. ROLL CALL Council Members Present: Mayor Peter Buffa Vice Mayor Mary Hornbuckle Council -Member Ory Amburgey Council Member Sandra Genis Council Members Absent: Officials Present: Council Member Edward Glasgow City Manager Allan Roeder Deputy City Manager/Develop- ment Services Donald Lamm City Attorney Thomas Kathe Public Services Director William Morris Community Services Director Keith Van Holt City Clerk Eileen Phinney MINUTES On motion by Vice Mayor Hornbuckle, seconded by Council October 1 and 8, Member Genis, and carried 4-0, the minutes of the regu- 1990 lar meeting of October 1, 1990, and the minutes of the special meeting of October 8, 1990, were approved. ORDINANCES A motion was made by Vice Mayor Hornbuckle, seconded by Council Member Amburgey,.and carried 4-0, to read all ordinances by title only. PRESENTATION Mayor Buffa presented an award to former Finance Award for Director/City Treasurer Robert Oman in recognition of Robert Oman Financial Reporting Achievement for his comprehensive Annual Financial Report for the fiscal year ending June 30, 1989. Mr. Oman commented that preparing the financial report was a team effort and he thanked staff for their contributions. PROCLAMATION Vice Mayor Hornbuckle read a proclamation declaring Harbor Key 30th October, 1990, as "Harbor Key 30th Anniversary Month". Anniversary Month Mayor Buffa presented the document to Mary Ann Barnett, representing Harbor Key, an auxilliary of the Child Guidance Center of Orange County. Ms. Barnett announced that an open house is being held on October 18, 1990, from 5:00 p.m. to 8:00 p.m., at 171 East 18th Street, Costa Mesa. PROCLAMATION Mayor Buffa read a proclamation declaring October 27, Orange Coast 1990, as "Orange Coast Civic Pride Day", in recognition Civic Pride Day of the excellent work being done at the Orange Coast College Recycling Center. The Mayor presented the document to a representative from orange Coast College. PROCLAMATION Mayor Buffa read a proclamation declaring October 20 Red Ribbon Week through 28, 1990, as "National Red Ribbon Week", and urged all citizens to wear red ribbons throughout that week in support of a drug-free America. ORAL COMMUNICATIONS Roy E. Thomas, 3762 Montego Drive, Huntington Beach, submitted a petition containing 20 signatures of resi- Valet Parking at dents and business people, requesting Council to deny NYC Night Club Planning Action PA -90-105, for a Conditional Use Permit PA -90-105 for valet parking at the NYC Night Club, 1670 Newport Boulevard. The petition contains data on the parking shortage in the neighborhood because the club does not have enough spaces to accommodate its customers. The Deputy City Manager/Development Services reported that PA -90-105 is scheduled for the Planning Commission meet- ing of October 22, 1990. Mayor Buffa directed staff to investigate this matter. Mark Davidson, 266 Cecil Place, Costa Mesa, owner of a business in the Von's Shopping Center on East 17th Street, reported that he cannot park at his business at night or on weekends because of NYC patrons using that parking lot. PA -90-33 Roger Blanchard, 1144 Sea Bluff Drive, Costa Mesa, Hampton/Catte referred to Planning Action PA -90-33, Hampton/Catte, a project being constructed at 2109-2115 Valley Road. Mr. Blanchard's complaint was that the applicant is installing windows on the south elevation contrary to a condition imposed by Council. He submitted copies of a photograph for each Council Member. The Deputy City Manager/Development Services confirmed the accuracy of Mr. Blanchard's comment, and stated that staff erred in allowing windows to be installed on the south elevation. He explained that when the setback was changed from 5 to 10 feet, staff assumed the windows would be permitted. The Deputy City Manager mentioned that two of the bedroom windows on the south side must remain because Code requires at least one window per bedroom. Mr. Blanchard contended that one of those bedrooms has two windows as shown in the photograph. Mayor Buffa asked the Deputy City Manager to talk to the property owner and to prepare a report for Council. Festival of Britain Nancy Palme, 1997 Kornat Drive, Costa Mesa, commended Council for its support of the Festival of Britain. Cultural Arts Michael Carr, 280 East 16th Place, Costa Mesa, disagreed Grants with some of Council's comments made at the October 1 meeting regarding cultural arts grants for the Costa Mesa Civic Playhouse relative to the production of "Sister Mary Ignatius Explains It All To You". Financial Support Richard Avard, 1730 Santa Ana Avenue, Costa Mesa, for Illegal Aliens stated that he recently learned that the City is know- ingly giving money to illegal aliens through charities such as Share Our Selves (SOS). Mr. Avard disagreed with Council's decision not to place a measure on the ballot on whether or not a policy should be adopted to withhold funds from charitable organizations that provide funds and services to illegal aliens. CONSENT The following items were removed from the Consent Calen- CALENDAR dar: Item 4, Contract award for Bid Item 901, Schedule I, Paint Police Helipad; and Item 10, Agreement with the City_of Newport Beach to rehabilitate Irvine Avenue. On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, the remaining Consent Calendar items were approved in one motion by the following roll call vote: i AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow READING FOLDER On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, and carried 4-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Peggy Olrich; Pacific Bell; Mark Soniga; and Perry Valantine. Alcoholic Alcoholic Beverage Licenses for which parking has been Beverage approved by the Planning staff: Liquor Barn, 1726 Licenses Superior Avenue; Amer A. Kadri and Jawad M. Khachab, doing business as Mr. K Mini Market, 2228 Newport Boulevard, Suite "A'; Maria Mei-Mei Fang, Shaw Kuen Fang, and Angela Mei Chi Wu, doing business as Pirozzi Trattori, 2642 Newport Boulevard. Regional A resolution from the City of Lynwood proposing that Government the membership of the Regional Government Board Board (AB 4242) be increased from 13 to 23 members. SET FOR PUBLIC On motion by Vice Mayor Hornbuckle, seconded by Council HEARING Member Amburgey, and carried 4-0, the following item was set for public hearing on November 5, 1990, at GP -90-04A and 6:30 p.m., in the Council Chambers of City Hall: R-90-07 Cirac/Young/Ryan For Robert Cirac/Doug Young, 8931 Bosun Circle, Hunting- ton Beach, authorized agents for Ed Ryan, same address, MOTION for property at 116 and 120 - 21st Street. Environ - Hearing Set for mental Determination: Negative declaration. The November -5, 1990 requested change will affect the required setback on adjacent commercial property. General Plan Amendment GP -90-04A, to change the Land Use Designation from Neighborhood Commercial to High Density Residential. Rezone Petition R-90-07, to rezone from C2 to R4. WARRANTS On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, Warrant Resolution 1478, including Pay - MOTION roll 9020, was approved by the following roll call vote: Warrant 1478 AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Approved Amburgey, Genis NOES: COUNCIL MEMBERS: None - ABSENT: COUNCIL MEMBERS: Glasgow ADMINISTRATIVE ACTIONS Purchase of Irri- gation Parts from Pacific Irrigation MOTION Purchase Approved Notice of Completion Bid Item 875, Convert Aviation Gas System to Jet "A" System at 'Police Heliport The Purchasing Agent requested authorization to purchase irrigation parts from Pacific Irrigation, Incorporated, 1116 West Bradford Circle, Corona, for $21,675.36, through Orange County Contract No. F-80118-02. On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, the purchase was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow Bid Item 875, Convert Aviation Gas System to Jet "A" System at the Police Heliport, has been completed to the satisfaction of the Public Services Director by Petroleum Contractors, Incorporated, 2030 West 17th Street, Long Beach. On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, the work was 191 Agreement D90-182 The Public Services, Director recommended approval of with Flood Control Agreement D90-182 with the Orange County Flood Control District District, declaring that the City's portion of the Hamilton Avenue/Victoria Street bridge will become a Improvements for County highway during the improvement period only. A Hamilton/Victoria motion was made by Vice Mayor Hornbuckle, seconded by Bridge Council Member Amburgey, approving the agreement, and authorizing the Mayor and Clerk to sign on behalf of the MOTION City. The motion carried by the following roll call Agreement Approved vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow Change Order "A" accepted; the Clerk'was authorized to file a Notice of Petroleum Completion; authorization was given to release reten- Contractors tion funds 35 days thereafter; the Labor and Material Report on 55/73 Bond was ordered exonerated 7 months thereafter; and MOTION the Performance Bond was ordered exonerated 12 months Work Accepted thereafter. The motion carried by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Change Order Amburgey, Genis Approved NOES: COUNCIL MEI-YBERS: None ABSENT: COUNCIL MEMBERS: Glasgow Notice of Completion Bid Item 888, Replace Two Underground Petroleum Storage Bid Item 888, Tanks, has been completed to the satisfaction of the Replace Two Under- Public Services Director by Long and Company, Limited, ground Petroleum 15120 Keswick Street, Van Nuys. On motion by Vice Mayor Storage Tanks Hornbuckle, seconded by Council Member Amburgey, the work was accepted; the Clerk was authorized to file a Long and Company Notice'of Completion; authorization was given to release retention funds 35 days thereafter; the Labor MOTION and Material Bond was ordered exonerated 7 months there - Work Accepted after; and the Performance Bond was ordered exonerated 12 months thereafter. The motion carried by the follow- ing roll call vote: AYES: COUNCIL MF14BERS: Buffa, Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow Agreement D90-182 The Public Services, Director recommended approval of with Flood Control Agreement D90-182 with the Orange County Flood Control District District, declaring that the City's portion of the Hamilton Avenue/Victoria Street bridge will become a Improvements for County highway during the improvement period only. A Hamilton/Victoria motion was made by Vice Mayor Hornbuckle, seconded by Bridge Council Member Amburgey, approving the agreement, and authorizing the Mayor and Clerk to sign on behalf of the MOTION City. The motion carried by the following roll call Agreement Approved vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow Change Order "A" The Public Services Director recommended approval of Willdan Associates Change Order "A" for $10,944.00 to the contract with Willdan Associates, 222 South Harbor Boulevard, Suite Report on 55/73 600, Anaheim, for preparation of a Project Study Report Interchange for State Routes 55/73 interchange improvements. The Improvements change order is necessary because of the addition of two significant requirements mandated by CALTRANS. On MOTION motion by Vice Mayor Hornbuckle, seconded by Council Change Order Member Amburgey, the, change order was approved by the Approved following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow Change order "C" The Public Services Director recommended approval of Norris-Repke Change Order "C" for $30,378.00 to the contract with Norris-Repke, Incorporated, 2882 Walnut Avenue, Suite Victoria Street "A", Tustin, for preparation of plans and specifications Widening Project to widen Victoria Street from Harbor Boulevard to Canyon Drive. The change order includes additional work for MOTION storm drain improvements, cul-de-sacs, frontage road, Change Order bus stops, bike trail, and right-of-way services. On Approved motion by Vice Mayor Hornbuckle, seconded by Council 1 Member Amburgey, the change order was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow Bid Item 901, Item 4 on the Consent Calendar was presented: Award of Schedule I, Paint Bid Item 901, Schedule I, Paint Police Helipad. Police_ Helipad At the request of Council Member Amburgey, the City Manager explained that staff recommended proceeding with this contract to paint the helipad, eliminating Schedule II, sandblast three outdoor cement planter benches at a. cost of $820.00, because the total cost is over the budgeted amount. He stated that Council Member Amburgey suggested that the contract include Schedule II and that the City Manager be authorized to make the necessary budget adjustment. Council Member Amburgey made a motion to direct the City Manager to proceed with Schedule III, a combination of Schedules I ($17,900.00) and II ($820.00), for a total of $18,450. The motion died for lack of a second. Vice Mayor Hornbuckle asked about funding for the addi- tional work. The City Manager replied that another project could be eliminated in order to pay for the additional work, or there may be money available from other maintenance items which were bid below the budgeted amount. MOTION A motion was made by Council Member Amburgey, seconded Contract for by Vice Mayor Hornbuckle, to award the contract for Schedule III Schedule III to Alex Venetantis Painting, 15302 Mary - Awarded to Alex knoll Street, Westminster, for $18,450.00. The motion Venetantis Painting carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow Agreement with the Item 10 on the Consent Calendar was presented: Agree - City of Newport ment with the City of Newport Beach for rehabilitation Beach of Irvine Avenue between 16th Street and Sanitago Drive. The estimated cost for Costa Mesa is $225,000.00. Rehabilitation of Irvine Avenue Council Member Genis stated that even though there is no conflict of interest, she would abstain from voting on this item since she is an employee of the City of Newport Beach. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Agreement Council Member Amburgey, to approve the agreement which Approved provides for the City of Newport Beach to administer the project design and construction, and authorizing the Mayor and Clerk to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow ABSTAIN: COUNCIL MEMBERS: Genis ANNOUNCEMENT Mayor Buffa announced that Item No. 6 under New Busi- Item Taken Out ness would be taken out of order and discussed at this of Order time because of the large number of children present for the presentation. NEW BUSINESS A.Y.S.O. and Little League Presentation on Athletic Field Needs The Clerk presented a report from A.Y.S.O. (American Youth Soccer) and Costa Mesa Little League regarding athletic field needs in the City. Michael Dunn, 2755 Gannett Drive, Costa Mesa, stated that the purpose of the presentation was to work with Council to improve the sports facilities for the youth of Costa Mesa. Mr. Dunn advised that there would be reports from the Little League and A.Y.S.O. representa- tives, and a short video presentation. Rob Rice, Little League representative, summarized a report dated October 10, 1990, which identifies the problems faced by youth sports organizations because league play must be conducted on school district proper- ties. He pointed out that because these fields are poorly maintained, they pose a hazard to the children. Mr. Rice spoke about the need for a facility for youth sports, including storage for equipment, uniforms, snack stand essentials, etc. David Ramsay, 2829 Shantar Drive, Costa Mesa, A.Y.S.O. representative, reported on the unsafe conditions of available fields because of overuse; lack of restroom facilities, scheduling difficulties, and shortage of fields with lights. He stated that special tournaments must be played outside of Costa Mesa in order to accom- modate the children who are participating. Mr. Ramsay requested Council to provide the land needed for youth sports activities. A brief video presentation compared the substandard fields in Costa Mesa to some excellent facilities avail- able in surrounding cities. Michael Dunn concluded the presentation by requesting Council to set aside 25 acres at Fairview Park adjacent to Placentia Avenuep an area which will not impact the residential neighborhood. Mr. Dunn asked for Council's promise to provide a permanent, prime site, and to allow the youth organizations to participate in the management of that site. He urged Council not to refer this item to a committee; he wanted a decision from Council now. Mr. Dunn contended that there would be no negative financial impact on the City's general funds because he felt the organizations could raise funds for above- ground construction. Mayor Buffa asked if an estimated cost had been calcu- lated to build a facility. Mr. Dunn responded that he had not; however, the estimate for the Huntington Beach facility was $2.2 million, excluding the gymnasium and Olympic pool. The Community Services Director answered questions from Council on installation of utilities at Fairview Park. A woman representing Pop Warner Football (she did not identify herself), spoke in support of the City's providing an athletic site. Gilbert Collins, 3159 Sharon Lane, Costa Mesa, member of the Fairview Park Committee, stated that even though he supports having youth facilities, it was the unanimous opinion of the committee that there should be very little development at Fairview Park. Mr. Collins commented that this idea was never submitted to the committee for a recommendation. 1 Steve Barton, Costa Mesa resident, spoke about the poor condition of the fields at Adams and Mesa Verde schools. Dick Mehren, 1824 Kinglet Court, Costa Mesa, Chairman of the Fairview Park Committee, stated that he has been involved with the soccer program for many years and obtaining suitable fields has always been a problem. He mentioned that Costa Mesa citizens expressed their desire to keep most of Fairview Park in its natural state, and he had mixed emotions about the proposal. Mr. Mehren felt that the Fairview Park Committee should have had the opportunity to make a recommendation on the request. Jim Ferryman, 1095 Tulare Drive, Costa Mesa, commented that the 25 acres being requested would have the least impact on the residental neighborhood. He asked that Council commit the land for the proposed use. Vice Mayor Hornbuckle stated that she could not make a commitment on a project for which she had no data until tonight even though there is a possibility that the project has merit. MOTION Vice Mayor Hornbuckle made a motion to schedule a Joint Referred to Joint City Council/Fairview Park Committee Study Session on Study Session on November 13, 1990, at 4:00 p.m., to obtain additional November 13, 1990 information from staff regarding the request, as well as background data on the history of Fairview Park. The motion was seconded by Council Member Genis. Substitute Motion Council Member Amburgey made a substitute motion to Died approve the project in concept, schedule a Joint Study Session with the Fairview Park Committee, at the same time have staff do some preliminary studies as to costs for the infrastructure to provide the necessary restroom facilities and utilities necessary for the project. The substitute motion died for lack of a second. Council Member Genis felt that it would be premature to approve the proposal in concept, and mentioned that the City has a Master Plan for parks. She also commented that if the City would update its park fees, more money would be available for park improvements. Mayor Buffa expressed his support for a sports facility; however, he wanted more information before making a commitment on this proposal. During discussion, the Community Services Director suggested having staff investigate the availability of sites at Orange Coast College and Southern California College. Council Member Genis recommended that staff also look for suitable sites on the east side. The motion by Vice Mayor Hornbuckle carried 3-1, Council Member Amburgey voting no. RECESS The Mayor declared a recess at 8:55 p.m., and the meet- ing reconvened at 9:05 p.m. PUBLIC HEARING The Clerk announced the public hearing, continued from Appeal of Staff's the meeting of July 16, 1990, to consider an appeal of Denial for a Second staff's denial for a second driveway at an R1 structure Driveway at 838 from Pamela Simmons -Singleton, 838 Pine Place, Costa Pine Place from Mesa. (The Planning Commission approved variances Simmons -Singleton from front setback and driveway length requirements in conjunction with Planning Action PA -90-101.) The Public Services Director summarized his memorandum dated October 5, 1990, and reported that standards for R1 driveway approaches allow only one driveway per property for aesthetic as well as parking purposes. He mentioned that the only exception to this standard is on corner lots, and staff contended that allowing two driveways in this case could set a precedent for future requests. Council Member Ambutgey maintained that the proposed project will not add more driveways than there are residences. Council Member Genis commented that denying the request would not improve the on -street parking. The appellant, Pamela Simmons -Singleton, and Terry Singleton, 838 Pine Place, gave background data on the project, and urged Council to approve the request. Mr. Singleton mentioned that there were 14 homes within walking distance that have two driveways. Robert Beaver, 837 Pine Place, Costa Mesa, commented that the Singletons should not be penalized for making improvements, and mentioned that only 10 percent of the street is used for parking. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Approved Two Mayor Buffa, and carried 4-0, granting the request for Driveways two driveways with the acknowledgment that this is an unusual configuration because of the shared driveway. PUBLIC HEARING The Clerk announced that this was the time and place R-90-09 set for the public hearing to consider Rezone Petition Hogle/Burge R-90-09, Larry K. Hogle, 19752 MacArthur Boulevard, Suite 210, Irvine, authorized agent for Gary D. Burge, Newport -Harbor 736 Whalers Way, Suite F-250, Fort Collins, Colorado, Animal Hospital 'to rezone property at 125 Mesa Drive (Newport -Harbor Animal Hospital) from R2 to PDC. Environmental Deter- mination: Negative Declaration adopted for General Plan Amendment GP -90-01. The Affidavit of Publication is on file in the Clerk's office. No communications were received. The Deputy City Manager/Development Services gave a brief description of the project as outlined in the Staff Report, and reported that the Planning Commission recommended approval. Larry Hogle spoke in support of the request, noting that the animal hospital has been at the site for 44 years and the applicant has no desire to change the use. Michael Steiner, 1560 Superior Avenue, Costa Mesa, owner of property at 141 Mesa Drive, opposed the zone change; however, he recommended that if the rezone is approved, the four properties between the hospital and Elden Ave- nue be rezoned to R3 or something similar. Nancy Palme, 1997 Kornat Drive, Costa Mesa, spoke in support of the proposed rezone. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Amburgey, seconded by Vice Negative Declara- Mayor Hornbuckle, and carried 4-0, the Negative Declara- tion Adopted tion of Environmental Impact was adopted. Council Member Genis stated that even though she voted against the General Plan Amendment for the site, she would support the rezone because the PDC zone provides for Council review, and the additional open space and landscaping will provide an adequate buffer to the residential areas. MOTION On motion by Council Member Amburgey, seconded by Vice Ordinance 90-15 Mayor Hornbuckle, Ordinance 90-15, AN ORDINANCE OF THE Given First CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading CHANGING THE ZONING AT 125 MESA DRIVE FROM R2 TO PDC, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis OLD BUSINESS- NOES: COUNCIL MEMBERS: None Ballot Arguments ABSENT: COUNCIL MEMBERS: Glasgow PUBLIC HEARING On motion by Vice Mayor Hornbuckle, seconded by Council Appeal of PA -90-104 Member Amburgey, and carried 4-0, the following item Fiock was continued to November 5, 1990, as requested by the authorized agent, Craig Hampton: MOTION Continued to Appeal of the Planning Commission's decision for November 5, 1990 Planning Action PA -90-104 from Richard Fiock, 2479 Orange Avenue, Costa Mesa, for variances from side setback requirements (36 feet required, 7 feet pro- posed); from guest parking requirements (23 spaces required, 22 spaces proposed); and from garage door width requirements (18 feet required, 16 feet proposed) for construction of nine residential condominiums at 2253 Canyon Drive in an R2 zone. Environmental Determination: Negative Declaration. (The Planning Commission denied the variance from side setback requirements.) OLD BUSINESS The Clerk presented a report on salary adjustments for Salary Increases the City Manager and City Attorney; and a request for for City Manager closed session pursuant to Government Code Section and City Attorney 54957, to evaluate and recommend compensation adjust- ments for the City Manager and City Attorney. The City Manager reported that at the special meeting held on October 8, 1990, Council conducted performance evaluations for the City Attorney and City Manager, and then took action in open session with respect to compen- sation. In response to Council's request for a follow- up report evaluating the increases, the City Manager referred to the confidential memorandum of October 11, 1990, from the Personnel Director. He also commented that three affirmative votes are required to approve the increase in salary for the City Attorney. Council agreed that there was no need to hold a closed session. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Approved Salary Member Genis, authorization was given to increase the Increase for City City Attorney's salary by nine pay ranges which reflects Attorney compensation of $8,926.00 per month including benefits. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Genis NOES: COUNCIL MEMBERS: Amburgey ABSENT: COUNCIL MEMBERS: Glasgow OLD BUSINESS- On motion by Vice Mayor Hornbuckle, seconded by Council Ballot Arguments Member Amburgey, Ordinance 90-14, AN ORDINANCE OF THE and Rebuttals CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING SECTION 2-13 TO THE COSTA MESA MUNICIPAL CODE TO MOTION PROVIDE FOR BALLOT ARGUMENTS AND REBUTTALS TO A CITY Ordinance 90-14 MEASURE THAT QUALIFIES TO BE PLACED ON THE BALLOT FOR A Adopted CITY ELECTION, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow OLD BUSINESS The Clerk presented a report concerning existing speed Speed Humps humps on Country Club Drive, and proposed guidelines for installation or removal of speed humps within the City. There were three recommendations: (a) Concur with the findings and recommendations of the Country Club Drive Speed Hump Study and retain the speed humps installed on Country Club Drive. (b) After further review of the minimum speed and volume requirements, adopt the "Guidelines for Study of Installation or Removal of Speed Humps" on qualified residential streets. (c) Designate final authority to the Transportation Commission for installation or removal of speed humps in accordance with the adopted guidelines, unless appealed to the City Council. Communications from Costa Mesa residents in favor of retaining speed humps on Country Club Drive were received from William Williams, 1776 Panay Circle; Steve and Nora Sharpe, 3006 Country Club Drive; James Isaacs, 3110 Country Club Drive; and Carl Bowden, 3059 Country Club Drive. A communication was received from Joyce A. Thimsen, 3194 Gibraltar Avenue, requesting speed humps on Gibraltar Avenue. Communications from Costa Mesa residents opposing the use of speed humps in the City were received from Joseph Sharpe, 3022 Club House Circle; and Joseph DeCarlo, 2024 Balearic Drive. Documentation submitted by the Public Services Director consisted of a 31 -page report dated October 10, 1990, and a 154 -page report dated October 11, 1990. Changes to the Speed Hump Guidelines recommended by the Trans- portation Commission are shown in Exhibit 1, Pages 6 through 9, of the October 10 report. Dick Sherrick, 3146 Country Club Drive, recommended changes to the Guidelines: .(g) change 85th percentile speed of traffic to 25 MPH; (h) reduce average daily volume to 3,000 vehicles; (i) reduce maximum distance between speed humps to 350 feet, with a distance of 50 to 150 feet from intersections; delete (j); 2(a) speed humps shall be 3.5 inches high minus 0.00 plus 0.5; 2(b) Taper from the speed hump to the curb shall be 1 to 2 feet. Douglas Owen, 3199 Country Club Drive, spoke about the number of drivers who run the stop sign at the Gisler Avenue/Country Club Drive intersection. He suggested adding an additional 1/2 -inch to the height of the speed humps and installing another hump between Gisler Avenue and the existing speed hump which is approximately 400 feet from the stop sign. Pepper Hamilton Rhoads, 1630-A Iowa Street, Costa Mesa, requested deleting or rewriting Guideline (m) because she felt the percentage of signatures required to add or remove speed humps is too high. Jan Vandersloot, 2221 East 16th Street, Newport Beach, supported the Speed Hump Guidelines as developed by the Transportation Commission. Mr. Vandersloot spoke about the data he submitted which includes a chart comparing speed hump criteria from other cities and percentile/ average daily trip information for various streets in Costa Mesa. Steffan Rhoads, 1630-A Iowa Street, Costa Mesa, spoke about the difficulty obtaining signatures on a petition when most of the residents are renters. He suggested deleting or amending Guideline (m) to address this type of situation. Julia Garrett, 271 East 16th Street, Costa Mesa, spoke in support of Guidelines (g) 85 percentile/30 MPH, and (h) 3,500 average daily volume, as recommended by the Transportation Commission, and felt speed humps should be installed on East 16th Street. Jim Jones, 2004 Calvert Avenue, Costa Mesa, opposed the speed hump program because surrounding streets are impacted by additional traffic. Mr. Jones commented that if the City synchronized its traffic signals, people would not be using residential streets. George Garrett, 271 East 16th Street, Costa Mesa, supported the comments by Mrs. Garrett and Jan Vander- sloot. David Palmer, 1622 Corsica Place, Costa Mesa, was in favor of the speed humps; however, he preferred lower- ing the heights. Helen Susman, 3035 Country Club Drive, Costa Mesa, stated that traffic has been reduced by two-thirds since timing of the traffic signals was changed on major arterials. Nancy Palme, 1997 Kornat Drive, Costa Mesa, addressed the problem of drivers ignoring the stop sign at Gisler Avenue and Country Club Drive, and the need to correct that situation. Rod Rio, 490 East 16th Street, Costa Mesa, commended the Transportation Commission on their recommendations for Guidelines (g) 85 percentile/30 MPH, and (h) 3,500 average daily volume. Alene Reed, 2009 Calvert Avenue, Costa Mesa, stated she now uses Gibraltar Avenue instead of Country Club Drive and she noticed more cars and bicyclists doing the same. Ms. Reed was concerned about speed humps being a hazard for bike riders and emergency vehicles, and questioned whether this program serves the entire community or only one segment. Robert Ewing, 1839 Jamaica Road, Costa Mesa, was of the opinion that speed humps will not slow traffic nor will motorists avoid using streets with speed humps. Samuel Wray, 2227 East 16th Street, Newport Beach, endorsed the remarks by Jan Vandersloot, and thanked Council for approving installation of stop signs on East 16th Street. Jim Kashiba, 2215 East 16th Street, Newport Beach, disagreed with some'of the data contained in the report, one being that traffic has increased on nearby streets since speed humps were installed on Country Club Drive. Jay Humphrey, 1620 Sandalwood Street, Costa Mesa, com- mended the Transportation Commission for taking a step in attempting to control traffic in the neighborhoods. He reported that in Sacramento, speed humps are also used at the point of entry. He suggested investigating other methods of traffic control. MOTION A motion was made by Council Member Amburgey, seconded Documentation by Council Member"Denis, and carried 4-0, approving the for Country Club findings and recommendations of the Country Club Drive Drive Speed Humps Speed Hump Study and retention of the speed humps Approved installed on Country Club Drive. Motion to Reduce A motion was made by Council Member Genis to adopt the Percentage of recommendations of the Transportation Commission except Signatures on a changing Guideline (m) to indicate that at least 25 Petition Died percent of households have signed the petition. The motion died for lack of a second. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Amended Guide- Council Member Genis, adopting the "Guidelines for Study lines Approved of Installation or Removal of Speed Humps" as recom- mended by the Transportation Commission, emphasizing that the 85th percentile speed of traffic must be equal to or greater than 30 MPH; modifying Guideline (m) to read "50 percent of households"; and changing Guideline (1) to read that "Fire and Police Departments will (instead of should) be consulted". AMENDED MOTION After discussion, Vice Mayor Hornbuckle amended her Preface Added motion by adding a preface to the Guidelines: "The use to Guidelines of speed humps is appropriate in areas where other methods have failed and a true public hazard exists, and the use of speed humps should be limited only to this type of situation and not as a first -level traffic control device". The amended motion was seconded by Council Member Genis, and carried 3-1, Council Member Amburgey voting no. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Designated Member Amburgey, and carried 4-0, the Transportation Transportation Commission was designated as the final authority in Commission as consideration of installation or removal of speed humps Final Authority in accordance with the adopted Guidelines, unless appealed to the City Council. RECESS The Mayor declared a recess at 10:55 p.m., and the meet- ing reconvened at 11:05 p.m. NEW BUSINESS The Clerk presented an urgency ordinance to establish Campaign Documents requirements for campaign documents, which was requested by Council Member Amburgey. The City Attorney referred to his Report No. 90-43 dated October 10, 1990, stating that the ordinance is similar to a City of Newport Beach ordinance. He reported that the ordinance would add Chapter XII to Title 2 of the Municipal Code, setting up a procedure to require filing Q0 1 of campaign documents with the City Clerk within 14 days of any Municipal Election. The City Attorney mentioned that the ordinance does not prohibit or censor the content of the campaign literature; rather, it simply sets up a filing and record-keeping procedure. The City Attorney answered questions from Council Member Genis on several sections of the ordinance: definition of "campaign document"; persons required to file the campaign documents; requirement that literature shall be filed with the City Clerk within two hours of first distribution; and the penalty for failing to meet the requirements of the ordinance. Council Member Genis commented that the ordinance should address the situa- tion where distribution of campaign documents takes place when City Hall is closed. Dick Sherrick, 3146 Country Club Drive, Costa Mesa, suggested that Council reject the ordinance because if the campaign documents were delivered to City Hall and distributed on the Saturday before the election, the Clerk would be mailing the literature on Monday, too late for a response from the opposition. David Palmer, 1622 Corsica Place, Costa Mesa, agreed with Mr. Sherrick's position of rejecting the ordinance. Nancy Palme, 1997 Kornat Drive, Costa Mesa, was in favor of adopting the ordinance. Jay Humphrey, 1620 Sandalwood Street, Costa Mesa, spoke about the necessity of having a positive campaign process, and commented that it would be appropriate to adopt an ordinance to facilitate a process which would protect the electorate whenever possible. Council Member Amburgey suggested amending Section 12-2 of the proposed ordinance to stipulate that the docu- ments shall be filed with the Clerk "at least two hours prior to distribution". He commented that the purpose of the ordinance is to ensure an above -board, positive campaign in order to avoid confusing the electorate. Motion to Adopt A motion was made by Council Member Genis, seconded by Urgency Ordinance Council Member Amburgey, to adopt the urgency ordinance was Withdrawn as proposed, except that Section 12.2 shall be revised by deleting the words "within two hours of" and adding the words "at least two hours prior to"; add a finding to the definition of "campaign document" that the intent of the ordinance is to exclude bonafide news stories in established newspapers of general circulation, and to include liability standards of Elections Code 12528. During discussion, Council Member Genis clarified that the exclusion of newspaper articles does not refer to copies of articles contained in campaign literature. Mayor Buffa opposed the ordinance because he could not see any connection between negative campaign documents and the filing requirements of the ordinance. Council Member Genis commented that she realized the ordinance was not adequate and withdrew her motion. NEW BUSINESS The Clerk presented a recommendation from the Community Reduction in Green Services Director to reduce green fees at the Mesa Linda Fees at Mesa Linda Golf Course while improvements are being made. The City Manager referred to a memorandum from the Community Services Director dated September 25, 1990, 20 2 which recommends a reduction in green fees from $12.00 to $8.00 weekdays, $15.00 to $10.00 weekends, and $9.00 to $5.00 for the late rate. The memorandum states there is a need to overseed between seven and nine greens as soon as possible, and will require approximately 60 to 90 days to complete. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Approved Reduction Council Member Genis, approving a reduction in green in Green Fees fees in accordance with the aforementioned memorandum. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow NEW BUSINESS The Clerk presented recommendations from Vice Mayor Advertising and Hornbuckle and Council Member Genis concerning alloca- Promotional Funds tion of Advertising and Promotional grant funds. Vice Mayor Hornbuckle referenced the memorandum she and Council Member Genic submitted dated October 2, 1990, which contains their recommendations for allocations of the subject funds. She explained that there was some concern by the Chamber of Commerce regarding the recom- mendation to allocate $13,000.00 as a one-time challenge grant on a one-to-one matching basis from new revenue received by the Chamber within 90 days. The Vice Mayor stated that if Council did not agree with that recommen- dation, an alternative would be to make a one-time grant with the understanding that the receptionist position would be maintained -by the Chamber for an entire year. Council Member Genic added that as money becomes less available, she anticipated more recommendations requir- ing matching funds, or an alternative whereby the City provides funds during the first application period but not for the second period. Council Member Amburgey questioned the recommendation to allocate $4,600.00 to "We Tip" in that the Police Department challenged the value of this organization to the City. He asked whether there was a change of opinion by the Police Department. The City Manager reported that there was some assistance received from this organization; however, that data often comes from other law enforcement agencies or venues and cannot be traced back to "We Tip". He mentioned that the Police Department's opinion is that there are better ways to spend the money than to give it to "We Tip". Council Member Amburgey disagreed with the recommenda- tion not to grant any funds to the Orange County Model Engineers. (The recommendation was based on the fact that the City made recent donations via utility hookups, rough grading, and site preparation, as well as allocat- ing some of the Yaohan money to the Engineers.) Dick Sherrick, 3146,Country Club Drive, Costa Mesa, was opposed to allocating funds to the Little League, Chamber of Commerce, and Veterans Memorial Hall. Lee Heinz, Executive Director, Chamber of Commerce, explained that the funds would be used towards paying the salary of a receptionist, whose primary duty would be to respond to requests for information; therefore, the funds would be utilized to serve the community as a whole. Mr. Heinz preferred the alternate proposal 1 because he was concerned about the primary proposal's requirement that matching funds be obtained in 90 days. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Requests from Council Member Genis, and carried 4-0, to continue the "We Tip", Model following funding requests to the meeting of November 5, Engineers, and 1990: "We Tip" so that additional information can be Newport Harbor obtained from the Police Department, and Orange County High Continued to Model Engineers for more data from both staff and the November 5, 1990 Engineers; also, a request for funds from Newport Harbor High School Swim Organization was scheduled for Novem- ber 5, 1990. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Veterans' Request Member Genis, and carried 4-0, the grant for Veterans Approved in Concept Memorial Hall was approved in concept, and staff was directed to clarify the proposal as to the exact dollar amount needed. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Funds Approved for Council Member Genis, approving $6,000.00 for Costa Mesa Little League, Little League; $2,000.00 for Team Richlife/OCC Grand OCC Grand Prix, and Prix; and $2,500.00 for Estancia High School Music Estancia High Music Department, granting this amount on a one-to-one match- ing basis with other contributors. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Funds Approved Council Member Genis, approving $13,000.00 for the for Chamber of Chamber of Commerce as a one-time grant with the under - Commerce standing that the Chamber will maintain the receptionist position for an entire year. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow NEW BUSINESS Appointment to At the request of the City Manager, the appointment of Seniors Committee one new member to the Senior Citizens Committee was Withdrawn withdrawn. NEW BUSINESS The Clerk presented a request for $1,500.00 from the Request for Funds Substance Abuse Committee to purchase 500 books for use from Substance at seminars for small business owners. Abuse Committee The City Manager referred to his memorandum dated Octo- ber 11, 1990, stating that if Council approves the request, funds will be taken from the Asset Forfeiture Account. MOTION On motion by Council Member Amburgey, seconded by Request Approved Council Member Genis, the request was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow CITY ATTORNEY The City Attorney presented his Report No. 90-41 dated REPORT October 9, 1990, concerning the Costa Mesa Tourism, Costa Mesa TAP Arts, and Promotion (TAP) Corporation. He reported that Corporation at its meeting of September 27, 1990, the Board of Directors voted to cease all operations, including MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Resolution 90-80 Member Amburgey, Resolution 90-80, A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REAFFIRMING THE APPLICATION OF THE RALPH M. BROWN ACT, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow The City Attorney presented a request from Council Member Amburgey to form an ad hoc committee to prepare an ordinance or policy to replace the Brown Act. Dick Sherrick, 3146 Country Club Drive, Costa Mesa, stated'that Council must do something to reestablish the Brown Act. He spoke about the method of selecting commissioners or committee members, and suggested that each Council Member appoint one person. Council Member Genis commented that by adopting Resolu- tion 90-80, reaffirming the requirements of the Brown Act, made this discussion moot. Council Member Amburgey stated that the resolution would be in effect until the committee submitted an ordinance or policy with which the Council would be comfortable, and if such action did not take place, the resolution would continue to prevail. Council Member Genis saw no need to form a committee because the resolution reestablishes the Brown Act which has been tested as to its legality. Motion to Establish A motion by Council Member Amburgey to establish a Brown a Committee Died Act Advisory Committee died for lack of a second. CITY ATTORNEY The City Attorney presented his Report No. 90-55 dated REPORT October 10, 1990, concerning Henry N' Harry's Goat Henry N' Harry's Hill Tavern (Planning Action PA -88-132) litigation. He Goat Hill Tavern reported that Superior Court Judge Firmat granted Mr. (PA -88-132) Ziemer's petition for a Writ of Mandate in the case of dissolution of the directorship of the Board, and to return all monies to the City. The City,Attorney explained the legal steps necessary to disband the Corporation. It was Council Member Amburgey's understanding that Board of Directors voted to become inactive for the present, and return the funds to the City until the City appropriated enough money for the Corporation to func- tion properly. He requested the City Manager to clarify whether it was the intention of the Directors to resign. The City Manager stated that he would forward the City Attorney's Report to the Board and ask for a response. He reported that some Board Members requested the oppor- tunity to address this issue at a Council Study Session. Vice Mayor Hornbuckle wanted to know how much money has been expended by the Corporation. Council Member Amburgey responded that he heard it was under $1,000.00. CITY ATTORNEY The City Attorney read his Report No. 90-42 dated Octo- REPORT ber 10, 1990, concerning a draft resolution reaffirming Brown Act the application of the Ralph M. Brown Act. He reported Requirements that the resolution mas written pursuant to Council's request at the October 1 meeting, and it reaffirms the application of the Brown Act to all actions by the City's boards, commissions, and Council. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Resolution 90-80 Member Amburgey, Resolution 90-80, A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REAFFIRMING THE APPLICATION OF THE RALPH M. BROWN ACT, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow The City Attorney presented a request from Council Member Amburgey to form an ad hoc committee to prepare an ordinance or policy to replace the Brown Act. Dick Sherrick, 3146 Country Club Drive, Costa Mesa, stated'that Council must do something to reestablish the Brown Act. He spoke about the method of selecting commissioners or committee members, and suggested that each Council Member appoint one person. Council Member Genis commented that by adopting Resolu- tion 90-80, reaffirming the requirements of the Brown Act, made this discussion moot. Council Member Amburgey stated that the resolution would be in effect until the committee submitted an ordinance or policy with which the Council would be comfortable, and if such action did not take place, the resolution would continue to prevail. Council Member Genis saw no need to form a committee because the resolution reestablishes the Brown Act which has been tested as to its legality. Motion to Establish A motion by Council Member Amburgey to establish a Brown a Committee Died Act Advisory Committee died for lack of a second. CITY ATTORNEY The City Attorney presented his Report No. 90-55 dated REPORT October 10, 1990, concerning Henry N' Harry's Goat Henry N' Harry's Hill Tavern (Planning Action PA -88-132) litigation. He Goat Hill Tavern reported that Superior Court Judge Firmat granted Mr. (PA -88-132) Ziemer's petition for a Writ of Mandate in the case of Ziemer vs. City Council of the City of Costa Mesa, and remanded the matter back to the City Council for further hearing with a requirement that Mr. Ziemer shall receive 15 -day notice of the public hearing. The City Attorney recommended settinng a public hearing on November 19, 1990. He mentioned that the Court did not address any other issues as to the substance of the Council's decision to deny the Conditional Use Permit. Vice Mayor Hornbuckle requested staff to schedule the public hearing for November 19, 1990, as recommended by the City Attorney. CITY ATTORNEY REPORT/City The City Attorney stated that his report regarding Contracts Continued review of City contracts will be presented at the to November 5, 1990 meeting of November 5, 1990. COUNCIL MEMBERS Council Member Amburgey commented on political signs COMMENTS which have been placed in the public right-of-way in violation of the City's ordinance by a candidate for Illegal Political District Attorney and by the Mayor. Responding to Signs questions from Council Member Amburgey, the Deputy City Manager/Development Services reported that when signs are found in the right-of-way, the person responsible for placing the sign is contacted by staff and directed to remove the sign within 24 hours; how- ever, if the sign has not been removed by the next day, staff removes it and $10.00 is deducted from the candi- date's or committee's cash deposit of $150.00. He added that if the incident occurs again, staff removes the sign immediately and $10.00 is deducted from the deposit. Chelsea Craft Fair Vice Mayor Hornbuckle encouraged citizens to attend the and Victoria and Chelsea Craft Fair and the Victoria and Albert Exhibit Albert Exhibit which are free to the public and are being held at Crystal Court and Jewel Court. PUBLIC COMMENTS David Palmer claimed that Council Member Amburgey also has political signs illegally placed on City property Political Signs on the west side. East 16th Street Jim Kashiba spoke about a proposal by the City of Newport Beach to change East 16th Street to a major access route. He requested Council to address this issue. ADJOURNMENT The Mayor declared the meeting adjourned at 12:50 a.m. ( M_t Mayor of the City 6vpsta Mesa ATTEST: ity Clerk of the City of Cost esa