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HomeMy WebLinkAbout12/17/1990 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA DECEMBER 17, 1990 The City Council of the City of Costa Mesa, California, met in regular session December 17, 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 Dr. Dennis McNutt, Southern California College. ROLL CALL Council Members Present: Mayor Mary Hornbuckle Vice Mayor Sandra Genis Council Member Peter.Buffa Council Member Edward Glasgow Council Member Jay Humphrey Council Members Absent: Officials Present: y None City Manager Allan Roeder Deputy City Manager/Develop- ment Services Donald Lamm City Attorney Thomas Kathe Public Services Director William Morris City Clerk Eileen Phinney MINUTES On motion by Council Member Buffa, seconded by Vice November 19, 1990 Mayor Genis, and carried 5-0, the minutes of the regular meeting of November 19, 1990, were approved as distributed. ORDINANCES A motion was made by Council Member Buffa, seconded by Council Member Humphrey, and carried 5-0, to read all, ordinances by title only. ANNOUNCEMENTS On motion by Council Member Buffa, seconded by Vice Mayor Genis, and carried 5-0, the following Public PUBLIC HEARING Hearing was continued to January 7, 1991: Appeal of PA --90-98 the Planning Commission's denial of Planning Action Boryczewski PA -90-98 from Jules Boryczewski, 1976 Newport Boulevard, Costa Mesa, for property located at 1970-1984 Newport MOTION/Continued Boulevard in C2 and.R2 zones. Environmental Determina- to January 7, 1991 tion: Exempt. Conditional Use Permit for an existing nonconforming restaurant and bar (Hogue Barmichael's) within 200 feet of a residential zone. Conditional Use Permits to allow off-site parking with reciprocal access on adjacent parcels, and a reduction of required parking due to offset hours of operation. PUBLIC HEARING On motion by Council Member Humphrey, seconded by Vice PA -90-119 Mayor Genis, and carried 5-0, the following Public Mariman Trust/College Hearing was continued to February 4, 1991: Appeal of Health Enterprises the. Planning Commission's denial of Planning Action PA -90-119 from Rudy Mariman Trust and Ernest E. Harris, MOTION 341 Bayside Drive, Suite 3, Newport Beach, authorized Continued to - agent for College Health Enterprises, Incorporated, February 4, 1991 7711 Center Avenue, Suite 300, Huntington Beach, for Conditional Use Permits to convert the 25 -unit Greystone Apartment into condominiums with 10 of the required parking spaces to be provided on the grounds of College Hospital, for property at 2110 Thurin Avenue, 2111 Doctors Circle, and 301 Victoria Street, in R3 and I & R zones. Environmental Determination: Exempt. NEW BUSINESS On motion by Council Member Buffa, seconded by Vice PA -90-115 Mayor Genis, and carried 5-0, the following item was Ross- continued to a date,to be determined later: Continued Speed Humps from the meeting of November 19, 1990, Planning Action MOTION PA -90-115, Malcolm Ross,.authorized agent for South Continued Coast Plaza, 3315 Fairview Road, Costa Mesa, to,amend Investigation the Town Center and South Coast Plaza Master Plans; and CONSENT CALENDAR Encroachment Permit'EP-90-05 to construct a pedestrian bridge across Bristol Street between South Coast Plaza, 3333 Bristol Street, and Town Center, 695 Town Center Drive, in a C1 -D and TC zones, respectively. Environ- mental Determination: Exempt. ORAL Lisa Stanton, 1114 Salinas Avenue,'Costa Mesa, spoke COMMUNICATIONS about the need for speed humps on Salinas Avenue to protect neigborhood'children. She submitted a letter Speed Humps on this subject to be forwarded to the Transportation Commission. Internal Sid Soffer, 900 Arbor Street, Costa Mesa, commented on Investigation the ethics involved 'in an internal investigation. CONSENT CALENDAR The following items 'were removed from the Consent Calen- dar: Item 6(d), Contract award for Canyon Park Phase II Improvements; Item 9(b), Agreement with Rem and Associ- ates to analyze build -out of the existing Master Plan of Highways; and Item 10, Completion of street improve- ments for PA -89-211.' On motion by Council Member Buffa, seconded by Vice Mayor Genis, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None WRITTEN On motion by Council Member Buffa, seconded by Vice COMMUNICATIONS Mayor Genis, Resolution 90-91, A RESOLUTION OF THE CITY COUNCIL OF THE'CITY OF COSTA MESA, CALIFORNIA, Records Destruction AUTHORIZING RECORDS DESTRUCTION FOR THE CITY CLERK'S for Clerk's office OFFICE OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE NO. 75-60, was adopted by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Resolution 90-91 Buffa, Glasgow, Humphrey Adopted NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Council Member Buffa, seconded by Vice Mayor Genis, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk:. Diane Artiglio; Ross Manuel Fontes; Sylvia Lillycrop; Sano Medical Center/James Stirbl, M.D.; Karen R. Schmidt; and Mary A. Willis. Alcoholic Alcoholic Beverage License for which parking has Beverage been approved by the Planning staff: F. J. Hanshaw License Enterprises, Incorporated, doing business at 3135 Harbor Boulevard.' Costa Mesa Civic Letter from the Costa Mesa Civic Playhouse, reporting Playhouse on Community Theatre Competition and expressing thanks for support. [1 Public Utilities Petition filed with the Public Utilities Commission by Commission Southern California Edison Company to modify Decision No. 76394 in Case No. 8209 for certain charges to developers. BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable Purpose was received from Access to Justice, doing busi- Access to Justice/ ness as Voter Revolt, 1535 East 17th Street, Suite 0, Voter Revolt Santa Ana, by soliciting funds from January 1, 1991, to April 1, 1991. On motion by Council Member Buffa, MOTION seconded by Vice Mayor Genis, and carried 5-0, the per - Permit Approved mit was approved with application of Municipal Code Section 9-127(d). WARRANTS On motion by Council Member Buffa, seconded by Vice Mayor Genis, Warrant Resolution 1483, including Payroll MOTION 9025, was approved by the following roll call vote: Warrant 1483 AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Approved Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None REJECTED CLAIM Leonardt ADMINISTRATIVE ACTIONS Bid Item 906 Microcomputer and Software On motion by Council Member Buffa, seconded by Vice Mayor Genis, and carried 5-0, the claim from Mr. and Mrs. Edward Leonardt was rejected. Bids received for Bid Item 906, Microcomputer System and Software, are on file in the Clerk's office. On motion by Council Member Buffa, seconded by Vice Mayor Genis, the contract was awarded to Computer City Super - System centers, 7901 Garden Grove Boulevard, Garden Grove, for $5,122.75. The motion carried by the following roll MOTION Awarded to Computer City Supercenters Project 90-10 Fair Drive Bikeway 40 MOTION Awarded to Gillespie Construc- tion Project 90-08 1989-1990 Street Maintenance, Crack Seal MOTION Awarded to Crackfiller Sealant Project 90-09 1990-1991 Street Maintenance, Seal Coat call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey None None Bids received for Project 90-10, Fair Drive Bikeway 40, from Orange County Fairgrounds Entrance to Fairview Road, are on file in the Clerk's office. On motion by Council Member Buffa, seconded by Vice Mayor Genis, the contract was awarded to Gillespie Construction, Incor- porated, 3194-C2 Airport Loop Drive, Costa Mesa, for $62,256.16. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey None None Bids received for Project 90-08, 1989-1990 Street Main- tenance, Crack Seal, are on file in the Clerk's office. On motion by Council Member Buffa, seconded by Vice Mayor Genis, the contract was awarded to Rubberized Crackfiller Sealant, Incorporated, 8301 Handel Drive, Buena Park, for $44,950.00. The motion carried by the following roll call vote:. AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None One bid for Project 90-09, 1990-1991 Street Maintenance, Seal Coat, was received from IPS Services, Incorporated, Post Office Box 10459, San Bernardino, and is on file in the Clerk's office. Staff recommended rejecting this bid due to the cost of $97,548.00 being over the MOTION Engineer's estimate. A motion was made by Vice Mayor Bid Rejected Genis, seconded by Council Member Buffa, and carried 5-0, to reject the bid from IPS Services. Budget Adjustment On motion by Vice Mayor Genis, seconded by Council No. 91-36 for Metro Member Buffa, Budget Adjustment No. 91-36 for Fire Station Design $15,000.00, to provide an additional appropriation for the architectural design portion of the Metro Fire MOTION Station, was approved by the following roll call vote: Adjustment AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Approved Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget Adjustment On motion by Vice Mayor Genis, seconded by Council No. 91-44 for Member Buffa, Budget Adjustment No. 91-44 for Bristol Street/ $30,050.00, to provide an adequate appropriation for Anton Boulevard the appraisal and acquisition of right-of-way at the Right -of -Way intersection of Bristol Street and Anton Boulevard, was approved by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Adjustment Buffa, Glasgow, Humphrey Approved NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Final Map for The Final Map was presented for Tract 14368, Catte Tract 14368 Development, Incorporated, developer, 135 Commercial Catte Development Way, Costa Mesa; eight lots, 0.91 -acre, located at 2109- 2115 Valley Road, for single family homes. On motion by MOTION Council Member Buffa, seconded by Vice Mayor Genis, the Map Approved map was approved; the Council did accept on behalf of the City, the ingress/egress easement over Lot "A" for emergency and security vehicle purposes; did also approve said map pursuant to the provisions of Section 66436(a)(3)(A) of the Subdivision Map Act; and the Clerk was authorized to sign the map on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with The Chief of Police recommended approval of an agreement Coast Community with Coast Community College District, 1370 Adams College District Avenue, Costa Mesa, to provide, in conjunction with the City, advanced police officer training which satisfies Police Officer Peace Officer Standards and Training mandated require - Training ments. A motion was made by Council Member Buffa, seconded by Vice Mayor Genis, to approve the agreement, MOTION and authorize the mayor to sign on behalf of the City. Agreement Approved The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with The Public Services Director recommended approval of an Huitt-Zollars agreement with Huitt-Zollars, Incorporated, Consulting Engineers, 15991 Red Hill Avenue, Suite 200, Tustin, Design of Vehicle for $14,750,00, for design of Vehicle Parking District Parking District No. 1. On motion by Council Member Buffa, seconded by No. 1 Vice Mayor Genis, the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the MOTION City. The motion carried by the following roll call Agreement vote: Approved AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with The Public Services Director recommended approval of Willdan Associates an agreement with Willdan Associates, 888 South West Street, Suite 300, Anaheim, for $16,105.00, for real Bristol Street/Anton estate appraisal and acquisition for Bristol Street and Boulevard Roadway Anton Boulevard roadway improvements. On motion by Improvements Council Member Buffa, seconded by Vice Mayor Genis, the agreement was approved, and the Mayor and Clerk were MOTION authorized to sign on behalf of the City. The motion Agreement Approved carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Hunphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with The Public Services Director recommended approval of an Huitt-Zollars agreement with Huitt-Zollars, Incorporated, Consulting Engineers, 15991 Red Hill Avenue, Suite 200, Tustin, for Palace Avenue $12,900.00, for the design of improvements to the Palace Alley Improvements Avenue Alley from 20th Street to Hamilton Avenue. On motion by Council Member Buffa, seconded by Vice Mayor MOTION Genis, the agreement was approved, and the Mayor and Agreement Approved Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Plan -Disadvantaged The Public Services Director recommended approval of Business Enterprise the annual plan for Disadvantaged Business Enterprise. A motion was made by Council Member Buffa, seconded by MOTION/Approved Vice Mayor Genis, and carried 5-0, to approve the plan. On motion by Council Member Buffa, seconded by Vice Mayor Genis, Resolution 90-91, A RESOLUTION OF THE CITY MOTION COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DESIGNA- Resolution 90-91 TING A DISADVANTAGED BUSINESS ENTERPRISES LIAISON Adopted OFFICER, appointing Sean Razmyoush as DBE Coordinator, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION On motion by Council Member Buffa, seconded by Vice 1991-1992 Arterial Mayor Genis, Resolution 90-92, A RESOLUTION OF THE CITY Highway Financing COUNCIL OF THE CITY OF COSTA MESA,- CALIFORNIA, RE - Program, Resolution QUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE 90-92 Adopted 1991-1992 ARTERIAL HIGHWAY FINANCING PROGRAM THE IM- PROVEMENT OF ADAMS AVENUE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Amendment to _County Staff recommended approval of the Third Amendment to of Orange Helicopter the Agreement for Helicopter Maintenance for the County Maintenance Agreement of Orange Sheriff -Coroner Department. On motion by Council Member Buffa, seconded by Vice Mayor Genis, the MOTION amendment was approved, and the Mayor and Clerk were Amendment authorized to sign on behalf of the City. The motion Approved carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Amendment to City of Staff recommended approval of the First Amendment to the Santa Ana Helicopter Agreement with the City of Santa Ana, for use of Commun- Maintenance Agreement ity Development Block Grant Funds, for helicopter patrol services for the City of Santa Ana. On motion by MOTION Council Member Buffa, seconded by Vice Mayor Genis, the Amendment amendment was approved, and the Mayor and Clerk were Approved authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement -Orange The City Manager recommended approval of the Community County Fair Development Block Grant Program Subgrantee Agreement for Housing Council $29,592.00, with the Orange County Fair Housing Council, 1440 East First Street, Suite 406, Santa Ana. On motion Community Development by Council Member Buffa, seconded by Vice Mayor Genis, Block Grant the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City. The motion MOTION carried by the following roll call vote: Agreement Approved AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Vector Control On motion by Council Member Buffa, seconded by Vice Representative Mayor Genis, and carried 5-0, Bill Bandaruk was re- appointed as representative to the Orange County Vector MOTION/Bill Bandaruk Control District for a two-year term, ending Decem- Reappointed ber 31, 1992. Canyon Park Item 6(b) on the Consent Calendar was presented: Canyon Improvements Park Phase II Improvements. The bids are on file in the Phase II Clerk's office. The City Manager reported that the Phase II improvements will complete the development of Canyon Park. Estimated start of construction will be January, 1991, and he suggested a dedication at completion. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, commented on the benefits of Canyon Park to the neighborhood. He expressed concern about two items: (1) the lowest bid being significantly below the estimate; and (2) follow- up maintenance at the park. The City Manager responded that the maintenance for Canyon Park, and any additional personnel required, will be included in the 1991-1992 budget. On motion by Vice Mayor Genis, seconded by Council MOTION Member Buffa, the contract for Canyon Park Phase II Awarded to Improvements was awarded to Clayton Engineering, 23011 Clayton Engineering Moulton Parkway, Laguna Hills, for $1,417,295.40. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with Item 9(b) from the Consent Calendar was presented: Rem and Associates Agreement with Rem and Associates to analyze build -out of the existing Master Plan of Highways for inclusion Analyze Build -Out in the proposed General Plan. of Master Plan of Highways Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, asked if this agreement included the proposed study on the 19th 1 Street bridge, and he was informed by the Director of Public Services that it does not. MOTION On motion by Council Member Buffa, seconded by Vice Agreement Mayor Genis, the agreement with Rem and Associates, Approved 17852 East 17th Street, Suite 107, Tustin, for $24,700.00, for highways build -out analysis, 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: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Completion of Item 10 on the Consent Calendar was presented: Comple- Improvements for tion of improvements for PA -89-211 by Johnson and PA -89-211 by McCann. In response to a question from Roy Pizarek, Johnson and McCann 1923 Whittier Avenue, Costa Mesa, regarding the subject improvements, the Director of Public Services stated that the Rally's Self Service Drive-Thru, located on the southwest corner of 19th Street and Placentia Avenue, posted a bond to guarantee the public improvements required as part of their development approval. The conditions have been met, and the improvements have been accepted. MOTION Street improvements for Planning Action PA -89-211, for Work Accepted property at 801 West 19th Street, Costa Mesa, were completed to the satisfaction of the Public Services Director by Johnson and McCann Builders, Incorporated, 716 Richfield Road, Anaheim. On motion by Council .Member Humphrey, seconded by Vice Mayor Genis, the work was accepted, and authorization was given to refund the cash deposit for $10,000.00 to Rally's Self Service Drive-Thru, Incorporated, 8525 Gibbs Drive, Suite 302, San Diego. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced the public hearing, continued from Appeal of the meeting of November 19, 1990, to consider an appeal PA -90-103, Moore of the Planning Commission's denial of Planning Action PA -90-103 from Susan Wade, 1216 Las Arenas, Costa Mesa, authorized agent for Gary L. Moore, 221 West Wilson Street, Costa Mesa, for a Conditional Use Permit to construct a 5 -bay car wash with 5 vacuums, with a second story office and equipment room, and variances from rear setback requirements (15 feet proposed; 46 feet required) and interior landscaping requirements (80 square feet proposed; 250 square feet required), at 221 and 225 West Wilson Street in a Cl zone. Environmental Determination: Negative Declaration. No communications were received. Sid Soffer, 900 Arbor Street, Costa Mesa, representing the applicant, Gary L. Moore, stated that Mr. Moore has not yet received the City Attorney's report, and he requested a continuance to January 7, 1991. Mr. Soffer stated that Mr. Moore would waive the right to a speedy hearing if the continuance was approved. MOTION A motion was made by Vice Mayor Genis, seconded by Continued to Council Member Humphrey, and carried 5-0, to continue January 7, 1991 the public hearing January 7, 1991. PUBLIC HEARING The Clerk announced the public hearing, continued from Annual Review the meeting of December 3, 1990, for annual review of DA -88-02, Metro Development Agreement DA -88-02, for Metro Point Develop - Pointe Development ment, John F. Biggs, Arnel Development Company, 950 South Coast Drive, Suite 200, Costa Mesa, authorized agent for R & A, Parcel 5, and A & R, Parcel 4, for property located in the 900 block (odd numbers) of South Coast Drive in a PDC zone. Environmental Determination: Exempt. No communications were received. The Deputy City Manager/Development Services summarized the compliance report of October 8, 1990, from Leonard Hampel, Rutan & Tucker, Attorneys at Law, 611 Anton Boulevard, Suite 1400, Costa Mesa, representing Arnel Development, and staff's memorandums of November 5, 16, and 30, 1990. The City Attorney summarized his opinion of December, 1989, regarding the possibility of preventing Metro Pointe, Phase II, from receiving a Certificate of Occu- pancy if certain traffic improvements were not put in place. It was concluded that the developer was in compliance with the development agreement. The Director of Public Services reported on the status of nine right-of-way parcels required for the Fairview Road and Baker Street improvements: An agreement has been reached on two, and the balance should be settled within the next 4 to 6 months, at which time the project will go out to bid. He stated that Arnel Development has deposited funds for the right-of-way acquisition. Leonard Hampel reported that Arnel has spent over $2,500,000.00 in the first two years complying with the Development Agreement. He stated that the relationship between Arnel Development and the City staff is excel- lent, and three of the seven total improvements have been completed. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Buffa, seconded by Agreement Found Council Member Glasgow, finding that Arnel Development to be in Compliance has demonstrated good faith compliance with the terms of Development Agreement DA -88-02. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Buffa, Glasgow NOES: COUNCIL MEMBERS: Genis, Humphrey ABSENT: COUNCIL MEMBERS: None Vice Mayor Genis did not support the motion because the Conditions of Approval for Phase II and III included requirements for traffic improvements, specifically those at Fairview Road and Baker Street, which have not been completed. Council Member Humphrey did not support the motion because he felt the Development Agreement is unsatis- fe t ---y. PUBLIC HEARING The Clerk announced that this was the time and place set Flood Insurance for the public hearing for a proposed ordinance amending Rate Map Article 17-1/2, Title 13, of the Costa Mesa Municipal Code, to update the Flood Insurance Rate Map reference. Environmental Determination: Exempt. The Affidavit of Publication is on file in the Clerk's office. 1 The Deputy City Manager/Development Services recommended that the Flood Insurance Rate Map be updated by adopting the ordinance. MOTION On motion by Council Member Buffa, seconded by Vice Ordinance 90-17 Mayor Genis, Ordinance 90-17, AN ORDINANCE OF THE CITY Given First COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING Reading ARTICLE 17-1/2, TITLE 13 OF THE COSTA MESA MUNICIPAL CODE TO UPDATE THE FLOOD INSURANCE RATE MAP REFERENCE, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None OLD BUSINESS The Clerk presented a request for rehearing from PA -88-132 Attorney Alan Burns, of Brown, Harper, Burns and Goat Hill Tavern Hentschke, 453 South Glassell Street, Orange, regarding Council's denial of Planning Action PA -88-132, Robert R. Request for "Zeb" Ziemer, Henry N' Harry's Goat Hill Tavern, for Rehearing renewal of a previously approved Conditional Use Permit for expansion of an existing bar within 200 feet of of residentially zoned property, with a variance from parking requirements at 1830 Newport Boulevard in a C2 zone. Environmental Determination: Exempt. There was no one present representing Goat Hill Tavern. The Deputy City Manager/Development Services reported that Attorney Burns had requested a rehearing on the Goat Hill Tavern Conditional Use Permit, however, Mr. Burns had not submitted any new information to support the request. MOTION On motion by Council Member Humphrey, seconded by Rehearing Denied Council Member Buffa, and carried 5-0, the request for rehearing was denied. OLD BUSINESS The Clerk presented a proposal for City participation Orange County in the Orange County Cities Airport Authority (OCCAA). Cities Airport Authority The City Manager presented the information contained in his December 12, 1990, memorandum outlining the responsibilities, goals, and objectives of the OCCAA. Ken Delino, City of Newport Beach, Secretary/Executive Director of OCCAA, reiterated the information provided at the November Study Session: (1) There is no obliga- tion to contribute financially, (2) The benefits are purely individual, e.g., Newport Beach wishes to control the noise impact of John Wayne Airport, (3) The Authority has the capability of establishing a new air- port in Orange County, and (4) OCCAA is currently serving as a forum on vital airport issues. He reported that the Authority was established in 1974 as the Inter - county Airport Authority, but has only been active in the last two years. He stated the Airport Authority is a logical follow-up to the work of the Airport Site Coalition, previously funded by the Council. Motion to Participate A motion was made by Vice Mayor Genis, to participate in Died for Lack of the Orange County Cities Airport Authority without the a Second; No Action obligation of funds, which died for lack of a second. Taken No further action was taken. NEW BUSINESS The Clerk presented a request for direction regarding Committee/Commission pending appointments to the Planning Commission, Trans - Appointments portation Commission, Parks, Parkways, and Recreational Facilities Commission, and various Advisory Committees. 0?5'1 The City Manager summarized his memorandum of December 12, 1990, in which he requested direction on four items. The Mayor suggested addressing the items as listed, beginning with Item (1) Solicitation, appointment or reappointment of Planning and Transportation Commission members. Dick Sherrick, 3146 Country Club Drive, Costa Mesa, was concerned about the length of terms, specifically on the Planning Commission and Transportation Commission, stat- ing that a four-year term does not accurately reflect the voters' wishes. He stated that both Commissions should be started anew at this point. Vice Mayor Genis referenced the City Manager's memoan- dum of May 4, 1990, regarding Advisory Commissions and Committees, and pointed out that several committee members whose terms have expired are still serving. The City Manager responded that some of the committees listed are not active, and he suggested scheduling the appointments on a regular, annual basis. MOTION A motion was made by Vice Mayor Genis, seconded by Approved Commission Council Member Humphrey, to review both the Planning Review Commission and the Transportation Commission membership in total and initiate open recruitment, and to encourage all current Planning and Transportation Commission members to reapply. The motion carried 4-1, Council Member Glasgow voting no. The Mayor presented Item (4), Identification of concerns or issues regarding City Council Advisory Commissions and Committees. MOTION A motion was made by Council Member Humphrey, seconded (see Substitute by Council Member Buffa, to limit a Council Member who Motion) is a committee liaison to a nonvoting role. SUBSTITUTE A substitute motion was made by Mayor Hornbuckle, MOTION seconded by Council Member Humphrey, to have Council Approved Council as members act in an advisory capacity and not as voting Non Voting Committee members of a committee. The motion carried 5-0. Members A motion was made by Vice Mayor Genis, seconded by MOTION/Approved Council Member Humphrey, and carried 5-0, to add another Additional Member woman representative to the Golf Course Advisory for Golf Course Committee. Advisory Committee The Mayor requested that each Council Member submit to the City Manager the name of committees they wished to work with. Discussion brought out the suggestion that the Council Liaison Member review committee outgoing correspondence to determine that it was in agreement with Council policy and not controversial. John Feeney, 1154 Dorset Lane, Costa Mesa, expressed concern that the Child Care Committee lobbys for legis- lation without approval of the City Council. He also commented that the representation on committees should not be limited.to certain groups, such as parents, but should be open to all residents of Costa Mesa. Ernie Feeney, 1154 Dorset Lane, Costa Mesa, spoke on the Cultural Arts Committee being autonomous even though they are responsible to the Council. The City Manager summarized an update on the Cultural Arts Committee per a memorandum from the Recreation ii Superintendent, noting that any points of disagreement between the Committee and staff are referred to Council. MOTION On motion by Council Member Humphrey, seconded by Mayor Approved Committee Hornbuckle, and carried 5-0, all committees were per',- Direction mitted to make recommendations to Council on legislative matters, or on matters of their particular purview, and to prepare a work program in late October or November of each fiscal year which includes dollar figures. The Mayor presented Item (2), Solicitation, appointment or reappointment of members to the various City Council Advisory Committee positions. She mentioned the various committees involved, including the Monorail Advisory;. Committee, which was not listed. i John Feeney, 1154 Dorset Lane, Costa Mesa, questioned the method of committee appointments and was informed that applicants submit a letter of interest and a brief resume, and often the Council representative to the i committee is consulted; there is no formal interview process for members of advisory committees, and the Council makes the decision. i Dick Sherrick, 3146 Country Club Drive, Costa Mesa, pointed out that Malcolm Ross, who is on the Monorail Advisory Committee, is not a Costa Mesa resident; however, it would be unwise of the City not to take advantage of Mr. Ross's abilities. Vice Mayor Genis suggested appointing committee members on a regular basis. Council Member Humphrey suggested an annual rotating calendar with specific terms set up as opposed to a two-year period so all members are not changed at one time. The City Manager pointed out that renewal dates for committee members are staggered throughout the year,1 and are implemented on the date Council approves formation of the committee. MOTION A motion was made by Vice Mayor Genis, seconded by Committee Member Council Member Humphrey, and carried 5-0, directing ! Terms Referred to the City Manager's office to prepare a format on the City Manager terms for committee members. I Item (3) was presented, appointment or continued soli- citation of applicants for the Parks, Recreation Facilities and Parkways Commission. MOTION A motion was made by Council Member Buffa, seconded by Approved Council Vice Mayor Genis, and carried 5-0, to have the Council Participation in participate in the interviews for the Parks, Recreation Commission Interviews Facilities and Parkways Commission, accepting applica- tions through the end of December, 1990, with interviews to be conducted in January, 1991. I The City Manager clarified that the Fairview Park Committee will remain a separate entity. RECESS The Mayor declared a recess at 8:35 p.m., and the meet- eeting ingreconvened at 8:45 p.m. NEW BUSINESS The Clerk presented a proposal for additional signage Promotional Banners/ and interim relief from promotional banner regulations Route 55 Extension for businesses fronting the Route 55 extension construc- tion. The City Manager summarized his memorandum of December 13, 1990, outlining some of the problems being experi- enced by businesses along Newport Boulevard from approximately Victoria Street to 19th Street because of the Route 55 construction project. Council Member Buffa suggested that business owners be involved in both the design and placement of the promotional signs. Mike Jacobson, 161 East Buoy Street, Costa Mesa, owner of the Radio Shack on Route 55, stated that ticket count on sales is down by over 40 percent. He related that the conversations he has had with Caltrans have been pleasant but have not lead to any action. MOTION A motion was made by Council Member Humphrey, seconded Approved Interim by Council Member Buffa, and carried 5-0, to waive the Relief from current code provisions, extended through the time the Prcmotional Banner lack of highway lanes inhibits business, and authorize Regulation the City Manager to approve directional signage along the public right--of-way up to the maximum of $5,000.00; and should specific findings or amendments to the code be required, the City Attorney and Development Services Director were directed to prepare same and agendize for a future Council meeting. NEW BUSINESS The City Attorney reported on commercial lease for the Job Center Lease Costa Mesa Job Center, 1679 Placentia Avenue, Costa Dean Dow Mesa, for renewal with Dean Dow. In response to a question about rental costs, the City Manager stated that while the increase is excessive for a one-year term, the total amount of the rent at $2,000.00 per month is a reasonable rate based on comparable values. He reported that this facility is staffed with part-time personnel from the Community Services Department,.and that the daily average atten- dance at the Job Center is 50 to 60 individuals a day. MOTION A motion was made by,Council Member Humphrey, seconded Lease Approved by Council Member Buffa, and carried 5-0, to approve the Job Center Lease retroactive to October, 1990. NEW BUSINESS The Clerk presented a request to appoint Council Member Senior Citizens Humphrey to fill the Council Liaison vacancy on the Corporation Costa Mesa Senior Citizens MOTION/Council Member A motion was made by Council Member Buffa, seconded by Humphrey Appointed Vice Mayor Genis, and carried 5-0, to appoint Council Council Liaison Member Humphrey as Liaison to the Costa Mesa Senior Citizens Corporation. CITY ATTORNEY The City Attorney summarized his report No. 90-51, REPORT regarding the authority of the City Council to adopt a Conduct of declaration concerning conduct by a City Council Member. Council Member Dick Sherrick, 3146 Country Club Drive, Costa Mesa, stated that he felt this subject should not have been on the agenda. He urged Council to reject this issue. John Regan, 903 Helena Circle, Costa Mesa, a retired City of Costa Mesa Policeman, on speaking about the City Attorney's report, stated that his job for the last 10 years has been the installation and monitoring of the Police Department's computer system, which included the detection of any improprieties and/or misuse of the 1 P� ;bj._ system. He stated that his access to the subject messages was legal, and it was never his intention for this information to be made public. MOTION A motion was made by Council Member Glasgow, seconded by Approved Additional Vice Mayor Genis, and carried 5-0, to allow Mr. Regan Time to Speak three additional minutes to finish his presentation. Mr. Regan clarified that the computer system which he accessed was not electronic mail, or E -Mail, but an open communications line. In response to questions from Council Member Glasgow, Mr. Regan stated that: (1) he was not "directed" to intercept the messages; (2) he revealed this information to Council Member Glasgow because of prior acquaintaince and because of the Council Member's honesty; and (3) the purpose of sharing this information with Council Member Glasgow was to make him aware of serious problems within the City. John Feeney, 1154 Dorset Lane, Costa Mesa, supported Council Member Glasgow, and stated he believed the issue could be resolved quietly. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that he was not offended by the communications that were made public, and that if there were more to this matter than has been made public, it should be so stated. MOTION A motion was made by Council Member Buffa, seconded by Approved Formal Vice Mayor Genis, issuing a formal declaration of Declaration disapproval regarding the involvement of Council Member Council Member Glasgow in an act of covertly intercepting and sharing Conduct internal messages, that act being totally inappropriate behavior for a member of the Council, and to condemn the behavior in the strongest possible terms. The motion carried 4-1, Council Member Glasgow voting no. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that he believed that .the intercepted messages were coded. Vice Mayor Genis commented that it is important to express strong opposition to this occurrence in order to assure that it does not happen again. Mayor Hornbuckle stated that.the problem was the Council Member involved did not call=for a closed session nor was the material in question shared with Council. She disapproved of a Council Member acting alone and not as a part of the Council as a group. Responding to a question from Vice Mayor Genis, the City Manager reported that there are two separate computer systems: E -Mail is the IBM computer used in the Civic Center by all nonsafety employees; and the computer system referenced in this discussion is a public safety communications system and records management system, and is still monitored as required by the State Department of Justice, albeit in a different fashion. Council Member Glasgow stated he did not personally intercept any messages nor did he take any direct action, and he did offer to share any information, upon request, at the Closed Session. He indicated that a vote on the subject motion is not in the best interest of the City. The City Attorney clarified that his office did not participate in submitting information to the District 262 Attorney's office; however, he did provide an opinion concerning the confidentiality of specific types of computer communications. Mayor Hornbuckle requested that the City Attorney submit a report regarding prohibiting E -Mail messages from being shared. CITY ATTORNEY The City Attorney summarized his Report No. 90-25A, REPORT regarding the effective date for Measure "V", amending Measure "V" the conflict of interest code of the City of Costa Mesa, Effective Date reporting that the provisions of Measure "V" will be effective on December 14, 1990. He stated this measure does not apply to campaign contributions 12 months prior to December 14, 1990. A discussion ensued regarding the $500.00 campaign contribution clause.' ANNOUNCEMENT The City Attorney announced that the remaining item Closed Session under City Attorney'Reports will be discussed in Closed Session after regular business has been completed. COUNCIL MEMBERS Council Member Humphrey was of the opinion that Harper COMMENTS School should remain open/recreational land to enable Harper School the east side to expand its available park land. Holiday Greetings Council Member Buffa wished everyone the best of holi- days and advised all to travel carefully. Harper School Vice Mayor Genis supported the Harper School recrea- tional land viewpoint, and also advised everyone not to drink and drive. ADJOURNMENT TO At 10:05 p.m., the Mayor adjourned the meeting to a CLOSED SESSION closed session in the first floor Conference Roan, to discuss potential litigation pursuant to Government Fairgrounds Code Section 54956.9(b)(1). Council Member Glasgow was Master Plan not in attendance. Council Member Buffa left during the discussion on the Orange County Fairgrounds Master Plan/EIR/Multipurpose Building. No action was taken. ADJOURNMENT The Mayor .declared the,meeting adjourned at 10:30 p.m. � ayor o the City of Costa Mesa ATTEST - - _ ity Clerk of the City of CosrMesa