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HomeMy WebLinkAbout01/21/1991 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JANUARY 21, 1991 The City Council of the City of Costa Mesa, California,. met in regular session January 21, 1991, 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, a moment of silence in honor of Dr. Martin Luther King's birthday and in honor of our men and women fighting in the Persian Gulf, and the Invocation by the Reverend Cliff Rapp, Orange Coast Free Methodist Church. ROLL CALL Council Members Present: Mayor Mary Hornbuckle Vice Mayor Sandra Genis Council Member Peter Buffa Council Member Edward Glasgow Council Member Jay Humphrey MINUTES January 7, 1991 ORDINANCES ORAL COMMUNICATIONS Republican Assembly Resolutions Council Members Absent: Officials Present: None City Manager Allan Roeder Deputy City Manager/Develop- ment Services Donald Lamm City Attorney Thomas Kathe Public Services Director William Morris Deputy Clerk Mary Elliott On motion by Vice Mayor Genis, seconded by Council Member Humphrey, and carried 5-0, the minutes of the regular meeting of January 7, 1991, were approved. A motion was made by Vice Mayor Genis, seconded by Council Member Buffa, and carried 5-0, to read all ordinances by title only. John Moorlach, 3169 Madeira Avenue, Costa Mesa, Presi- dent, Costa Mesa Republican Assembly, submitted copies of, and reported on three resolutions adopted at the Assembly meetinf of January 19, 1991: (1) requesting the City to discontinue funding of private arts organi- zations; (2) adopt an ordinance requiring soft porn publications, such as Playboy and Penthouse, to be displayed at height levels above four feet and behind blinders or contained in paper wrappers; and (3) retain current membership on the Costa Mesa Planning Commission by reappointing all incumbent commissioners. 57 Freeway Extension Dick Sherrick, 3146 Country Club Drive, Costa Mesa, shared his concern regarding the 57 Freeway extension to the I-405 Freeway, specifically the design of the inter- change at the I-405 Freeway and the Santa Ana River. The City Manager stated that he will contact the Orange County Transportation Commission requesting notification of public hearings to be forwarded to resident organiza- tions within the proximity of the project. Community Swimming Jay Roades, 2065 Charle Street, Costa Mesa, spoke about Pool Rates the fees being increased from $1.00 to $2.00 at the community swimming pool. Mayor Hornbuckle suggested that Mr. Roades submit a letter of interest and a resume to the City Manager's office to apply for a position on the new Parks, Parkways, and Recreation Facilities Commission. CONSENT CALENDAR The following Consent Calendar items were removed from the agenda: Item 3, Resolution declaring the intention to order the vacation of a public right-of-way, Sparkes Street, behind Mother's Market and Miller's Outpost. Environ- mental Determination: Exempt. Item 4, Rezone Petition R-91-01, Harbinger Homes/Kerry Smith, 375 Promontory Drive West, Newport Beach, to rezone property at 232 and 240 Sierks Street from R1 to PDR -LD. Environmental Determination: Negative Declaration. The following items'were removed from the Consent Calen- dar: Item 6(a), Contract award for Bid Item 889-A, Four Prefabricated Bus Shelters; Item 6(d), Contract award to construct Costa Mesa Senior Center; Item 7, Agreement with Traffic Countso Incorporated, for collection of average daily traffic volume counts; and Item 11, Con- tract award for Bid Item 912, Used Vehicle. 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 91-2, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHO- Records Destruction RIZING RECORDS DESTRUCTION FOR THE FIRE DEPARTMENT OF for Fire Department 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 91-2 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: Ernest E. Barker; Veronica Harrison; Judy Van Sise; and Norman Snow. Alcoholic Alcoholic Beverage Licenses for which parking has been Beverage approved by the Planning staff: Ismael B. Denenburg Licenses and John D. Flake, Jr., doing business as Cafe On The Lakes, 580 Anton Boulevard, Suite 205; Fei Yu Chang, doing business as China Coral, 1940-1942 Harbor Boule- vard; The Boys Markets, Incorporated, doing business as Marina Market,,1870-B Harbor Boulevard; and The Southland Corporation, doing business as 7 -Eleven Store #2172-13795, 1097 Baker Street. WARRANTS On motion by Council Member Buffa, seconded by Vice Mayor Genis, Warrant Resolution 1485, including Pay- roll 9101, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ADMINISTRATIVE Bids received for Bid Item 914, Microcomputers, are on ACTIONS file in the Clerk's office. A motion was made by Council Member Buffa, seconded by Vice Mayor Genis, to Bid Item 914 Microcomputers MOTION Awarded to Gigabyte Computers Bid Item 915 Three Microcomputers MOTION Bids Rejected Installation of Traffic Signal Preemption Equip- ment at Fire Stations 3 and 5 MOTION Awarded to D & V Electric award the contract to Street, Suite 1-102, The motion carried by AYES: COUNCI NOES: ABSENT: Bids received are on.file in Member Buffa, 5-0, 24 bids tions need to COUNCIL COUNCI L L Gigabyte Computers, 14060 Gannet Santa Fe Springs, for $6,535.96. the following roll call vote: MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey MEMBERS: None MEMBERS: None for Bid Item 915, Three Microcomputers, the Clerk's office. On motion by Council seconded by Vice Mayor Genis, and carried were rejected because the bid specifica- be amended. Bids received for the Installation of Traffic Signal Preemption Equipment at Fire Station Numbers 3 and 5 are on file in the Clerk's office. A motion was made by Council Member Buffa, seconded by Vice Mayor Genis, to award the contract to D & V Electric, 1446 Joann Way, Pomona, for $27,000.00. 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 Completion of Street improvements for Development Review DR -89-40, Improvements for for property at 379 Monte Vista Avenue, were completed DR -89-40 by to the satisfaction of the Public Services Director by Briggs Ed Briggs, 23046 Avenida de la Carlotta, Suite 315, Laguna Hills. On motion by Council Member Buffa, MOTION seconded by Vice Mayor Genis, the work was accepted, and Work Accepted authorization was given to exonerate the two bonds. 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 MOTION On motion by Council Member Buffa, seconded by Vice Fire Chief's Mayor Genis, extension of Workman's Compensation Bene - Benefits Extended fits for Fire Chief John Petruzziello for a period not to exceed three months was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Notice of Completion Measure "C" Street Maintenance (Heater -Remix) for Adams Excalibur Contracting Avenue from Placentia Avenue to the Santa Ana River, Project 90-06, was completed to the satisfaction of the Measure "C" Street Public Services Director on October 12, 1990, by Maintenance/Adams Excalibur Contracting, Incorporated, 2760 South Harbor Avenue Boulevard, Suite F, Santa Ana. On motion by Council Project 90-06 Member Buffa, seconded by Vice Mayor Genis, the work was accepted; the Clerk was authorized to file a Notice of MOTION Completion; authorization was given to withhold reten- Work Accepted tion funds and to retain Labor and Material and Faithful Performance Bonds due to an outstanding Stop Notice; authorization was given to release retention funds and to exonerate Labor and Material and Faithful Performance Bonds, in accordance with the terms of the contract agreement, upon resolution of the Stop Notice and complete release of the City from any financial obliga- tions. The motion carried by the following roll call vote: oda AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey None None Bid Item 889-A Item 6(a) on the Consent Calendar was presented: Bid Four Prefabricated Item 889, Revision A, Four Prefabricated Bus Shelters. Bus Shelters The bids are on file in the Clerk's office. MOTION Council Member Buffa requested that the issue of bus Bids Rejected shelters be agendized for a study session as soon as possible to consider, having the work done by a private company. On motion by Council Member Buffa, seconded by Vice Mayor Genis, and carried 5-0, the two bids were rejected because the low bid exceeded the budget, and the second bid did not include a completed Noncollusion Affidavit. Costa Mesa Senior Item 6(d) on the Consent Calendar was presented: Center Construction of the Costa Mesa Senior Center. The bids are on file in the Clerk's office. Council Member Humphrey questioned the low bid being substantially under budget, resulting in subsequent change orders. The Director of Community Services stated there will be changes required but they will be trade-offs. MOTION A motion was made by Council Member Humphrey, seconded Awarded to Camco by Vice Mayor Genis,'to award the contract to Camco Construction Construction Company, Incorporated, 20250 Acacia Street, Suite 200, Newport Beach, for $2,339,000.00. 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 Agreement with Item_7 on the Consent Calendar was presented: Agreement Traffic Counts with Traffic Counts, Incorporated, 170 East 17th Street, Suite 110, Costa Mesa, for $13,750.00, for collection of Traffic Volume average daily traffic volume counts at 250 locations. Count Dick Sherrick, 3146 Country Club Drive, Costa Mesa, requested a copy of the agreement. He expressed concern regarding the methodology of testing for sound and taking traffic counts. The Director of Public Services was directed to provide Mr. Sherrick with a copy of the specifications. Sid Soffer, 900 Arbor Street, Costa Mesa, questioned the purpose of a traffic study at 250 locations. The Director of Public Services responded that this study includes not only intersections but main line stretches between intersections; and the data will be used for signal warrant and coordination analysis to update the City Traffic Volume Map. MOTION On motion by Council Member Buffa, seconded by Vice Agreement Approved Mayor Genis, the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey 'NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None [1 '277 2 (7 Bid Item 912 Item 11 on the Consent Calendar was presented: Bid Item Used Vehicle 912, One Used Vehicle. The bid is on file in the Clerk's office. MOTION Council Member Humphrey questioned the fact that only Awarded to one responsive bid was received on this item. The City City Chevrolet Manager expressed the same concern and noted the reasons being: (1) the City was purchasing a used vehicle no older than 1990; and (2) the bid was for only one vehicle. A motion was made by Council Member Humphrey, seconded by Vice Mayor Genis, to award the contract to City Chevrolet, 2111 Morena Boulevard, San Diego, for $16,031.98. 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 Deputy Clerk announced the public hearing, continued Appeal of from the meeting of January 7, 1991, to consider an PA -90-98 appeal of the Planning Commission's denial of Planning Boryczewski/Hogue Action PA -90-98 from Jules Boryczewski, 1976 Newport Barmichael's Boulevard, Costa Mesa, for property located at 1970-1984 Newport Boulevard (Hogue Barmichael's), in C2 and R2 zones: Conditional Use Permit for an existing nonconforming restaurant and bar within 200 feet of a residential zone; and 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 on other businesses. Environmental Determination: Exempt. A communication was received from the Attorney Marc Lebovitz, applicant's representative, 1851 East First Street, Suite 1450, Santa Ana, stating reasons for approving the request. The Deputy City Manager/Development Services summarized staff's memorandum of January 16, 1991, which recom- mended rejection of the settlement proposal, and staff's memorandum of December 11, 1990. He presented a trans- parency of an aerial photograph of Hogue Barmichael's noting the zoning and the available parking areas. He pointed out that if the Conditional Use Permits were granted, the City could then grant the necessary public entertainment permit to the applicant. Conversely, if the Conditional Use Permits were denied, the public entertainment permit cannot be granted, and Hogue Barmichael's will be closed. He then presented a video photographed from the police helicopter. Attorney Marc Lebovitz addressed the issues raised by the Deputy City Manager, noting that initially the applicant did not apply for two Conditional Use Permits, only for a Conditional Use Permit for offsite parking. He disagreed that if the Conditional Use Permits were denied, the applicant would be forced to close, stating that the establishment could conceivably continue opera- tion without entertainment until 1996, when the current lease expires. Mr. Lebovitz referred to the settlement proposal, indi- cating that it was submitted without the applicant waiving any of his procedural or substantive rights administratively or 'in a court of law, and without waiving any rights to seek a writ of mandamus in the Superior Court in the event it is necessary. Mr. Lebovitz explained the final settlement approach as outlined in his letter of January 21, 1991. A discussion ensued regarding the public entertainment permit previously issued to Hogue Barmichaels'and the conditions being imposed to renew this permit. Alan Remington, 1164 Boise Way, Costa Mesa, pointed out that the problem with Hogue Barmichaels was originally caused by the rezoning that allowed a restaurant/bar with entertainment into the neighborhood. Steve Park, 1944 Church Street, Costa Mesa, stated that having Hogue Barmichaels in the neighborhood for one more year is preferable to six more years; however, he did not believe that the parking and littering problems will be resolved during that time. Sid Soffer, 900 Arbor Street, Costa Mesa, commented that there is recourse against,a private or public nuisance. The parking requirements were discussed, and it was determined that parking is dependent upon square footage within the building. The City Attorney stated that the Municipal Code allows the City to determine if suffi- cient parking is provided in order to issue an enter- tairnent permit. Mr. Soffer suggested a second pane of glass could be installed at neighboring residences to control the noise. , Bob Keyes, 1933 Church Street, Costa Mesa, spoke about the establishment's remaining open one more year, stating that he would like a guarantee that there would not be disturbances during that year. He suggested that Hogue's close down before summer. Jean Park, 789 Paularino Avenue, Costa Mesa, owner of property that is impacted by Hogue Barmichael's, stated that Hogue's is unable to control their customers and she believed the biggest problem is the nuisance caused by the noise. There being no other speakers, the Mayor closed the public hearing. Vice Mayor Genis expressed concern that the applicant would not correct the existing problems since they have not done so to date. MOTION A motion was made by Vice Mayor Genis, seconded by PA -90-98 Denied Council Member Humphrey, and carried 5-0, to uphold the Planning Commission's denial of the two Conditional Use Permits for Planning Action PA -90-98, based on the available evidence, including testimony and Police reports, previous testimony, and staff reports; the establishment is detrimental to the neighborhood, to the health, safety and general welfare of the public, and is injurious to property and improvements within the immediate neighborhood; and further, that a use permit for a parking lot at the proposed location would legal- ize the use that is in conflict with the General Plan which designates that site for residential use. 1 I. Mayor Hornbuckle directed the City Attorney to prepare a proposal for a means to abate or amortize legal non- conforming uses. PUBLIC HEARING The Deputy Clerk announced the public hearing, continued Park Dedication and from the meeting of December 3, 1990, Park Dedication In -lieu Fee Study and In -lieu Fee Study: Review of the City's park dedication and in -lieu fee study which documents the impact of certain new resi- dential developments on the City's park and recreation system, and identifies an appropriate impact fee to levy against new developments creating the impacts. Resolution finding and determining the population density standard for single- and multiple -family dwelling units, and amending the current in -lieu impact fee for acquisition of park land within the City. A communication was received from Christine D. Reed, Executive Director, Orange County Region of the Building Industry Association of Southern California, Incorpor- ated, 2001 East Fourth Street, Suite 224, Santa Ana, recommending amendments to the current parkland dedica- tion and in -lieu fee requirements. RECESS The Mayor declared a recess at 8:15 p.m., and the meet- ing reconvened at 8:30 p.m. The Deputy City Manager/Development Services summarized staff's memorandum of January 15, 1991, and his supple- mental memorandum of January 18, 1991. He provided a brief history of the park fees and in -lieu fee revisions to date, stating that an ordinance will be forthcoming. He noted that a staff task force committee was formed which met in December with members of the Building Industry Association, land owners, developers, and the public. He stated that the next meeting is scheduled for Monday, January 28, 1991. He also reported that he has received a verbal proposal from the appraiser with the final appraisal forthcoming in three weeks. The Deputy City Manager discussed the fee process, stating that the current fee is a condition on subdi- vision maps for residential projects, specifically single-family detached homes and/or condominiums and town homes, apartment projects being exempt. The City Attorney gave the options available to Council: (1) continue the public hearing; however, pending appli- cations may slip through; (2) find the fee study is accurate, and adopt a new fee; (3) impose an interim ordinance to place a condition on future applcations, noting that the tentative map is conditioned upon the fee that will be imposed in the future; and (4) decide the present ordinance is inadequate, and institute a moratorium, an ordinance that states no permits will be processed and no development will go forward until the fee is finally determined. He stated that another option would be to adopt a resolution notif iying all concerned that a new fee is forthcoming. In response to questions from Council, the Principal Planner gave reports on the following: 1990 Federal Census data, stating that the total population count will be available within a few months; appraisal update; future projects to which the park fee program would be applied, including Fairview Park and Canyon Park; General Plan policie's which may affect the park fee ordinance; and the Harper School site status. A discussion ensued 'regarding the timing on obtaining the park fees, and it was pointed out that the ordinance keys the fees to a fee schedule adopted by resolution which is the ultimate responsibility of the Council. George Sakioka, Sakioka Farms, Incorporated, 14850 East _ Sunflower Avenue, Santa Ana, requested a continuance for 30 days. He stated other landowners and builders have had a productive meeting with staff, and he referenced his letter of December 5, 1990, and his attorney's letter dated January; 8, 1991, detailing salient points of that meeting. He pointed out he was in attendance at the July Study Session, but the first official notice he received from the City was a letter dated November 15, 1990, and from that day forward he has been actively working with staff to resolve this issue. Amy Forbes, Gibson Dunn & Crutcher, 333 South Grand Avenue,, Los Angeles, representing Sakioka Farms, was concerned about how the fee would be calculated and how the money would be spent. She reviewed her letter of January 8, 1991, reiterating the major concern that the City have a Master Plan of Parks under the General Plan and a schedule for implementation of the fee. Ed Briggs, Briggs Development, 23046 Avenida de la Carlotta, Suite 315, Laguna Hills, participated in the meeting with staff in December and stated it was very productive. He also,requested a 30 -day continuance to provide time to come up with a realistic solution. Kerry Smith, Harbinger Homes, Incorporated, 375 Promontory Drive West, Newport Beach, stated that he attended the workshop, and noted that the new fees make projects unfeasible and houses unaffordable, and he supported the continuance. Colm Macken, Transpacific Development Company, 2377 Crenshaw Boulevard, Suite 300, Torrance, agreed with the points which were covered, and stated that the magnitude of the fee is so great it is dramatically affecting a project being considered in the North Costa Mesa area. He also supported a continuance. Dick Sherrick, 3146 Country Club Drive, Costa Mesa, stated that the study was very well done, and commented that the fee is high because property values are high. He suggested having variable fees. Craig Hampton, 2406 La Mesa Court, Costa Mesa, an archi- tect, felt the increase in park fees was going in the wrong direction and would be detrimental to the industry. Phil Morello, 572-CHamilton Street, Costa Mesa, stated the fee increase is tantamount to a tax increase, and he strongly opposed it. Tony Petros, LSA Associates, One Park Plaza, Suite 500, Irvine, associated with Sakioka Farms, clarified that the San Joaquin Hills fee increase was approximately 39 percent over a two-year period. Roy Pizarek, 1923 Whitter Avenue, Costa Mesa, suggested placing this issue in the community report. He was told that this would not be a direct tax but an.indirect fee. Dick Mehren, 1824 Kinglet Court, Costa Mesa, questioned whether the new fees were excessive, and asked how many years since the fees have been updated. Mayor Hornbuckle gave comparative figures for other cities which illustrated that the new fee for Costa Mesa would be higher than any other city in the County. The Deputy City Manager informed Mr. Mehren that the fee was last increased in 1979. Alan Remington, 1164 Boise Way, Costa Mesa, suggested that since there is little vacant land left in Costa Mesa, the land should be at a premium price, except in the case of redevelopment. Janice Davidson, 1982 Arnold Avenue, Costa Mesa, questioned the method of collecting the fee, and was informed that it is a one-time fee paid by the developer at the time a subdivision map is recorded. Malcolm Ross, representing C. J. Segerstrom & Sons, 3315 Fairview Road, Costa Mesa, reiterated the concerns of the development community and supported a 30 -day contin- uance. He noted that he was.not sent a notice for the July meeting. He was told that the meeting in July was a Study Session for which notices usually are not sent to the public. Sid Soffer, 900 Arbor Street, Costa Mesa, shared some facts relative to the requirements for, and the place- ment of parks and asked several relevant questions. Jean Forbath, 2880 Clubhouse Road, Costa Mesa, stated her concern about park fees adding to the cost of housing. She noted that she was in favor of parks but felt that housing is a more important issue. There being no other speakers, the Mayor closed the public hearing. Vice Mayor Genis again expressed concern regarding the delay in settling this issue and strongly advised against any further delay. She calculated the amount of money lost due to undercharging on park fees. Dick Sherrick, 3146 Country Club Drive, Costa Mesa, suggested voting on the land dedication and handling the cost at a later date. A motion was made by Council Member Buffa, seconded by Mayor Hornbuckle, to continue the public hearing to the meeting of February 19, 1991. Mayor Hornbuckle stated her desire for an interim ordi- nance or a condition being added to the motion stating that all projects will be included. The City Attorney was requested to prepare a memorandum on Municipal Code Section 1-33(c), in response to a query from Vice Mayor Genis regarding the infraction of not having an in -lieu fee that approximates fair market value. He suggested doing an appraisal of both the fair market values of residential properties, as well as the fair market value of a medium park. Mayor Hornbuckle withdrew her second, and the motion died. MOTION A motion was made by Council Member Humphrey, seconded Continued to by Mayor Hornbuckle,, to continue the public hearing to February 19, 1991 the meeting of February 19, 1991, directing staff to provide a means to increase park fees retroactive to this date; to examine a means of amending the ordinance to address the fees 'based on the Consumer Price Index in the future; and to provide an appraisal of a median City park. The motion carried 3-2, Council Members Buffa and Glasgow voting no. OLD BUSINESS The Deputy Clerk presented from the meeting of Janu- Pushcart Ordinance ary 7, 1991, a report and proposed ordinance amending the Municipal Code to regulate pushcarts. The City Attorney summarized the pushcart ordinance, reporting that it had been reviewed by the Orange County Health Services Department, and met with their approval, especially the provisions concerning impounding push- carts that operate without a valid permit. Vice Mayor Genis requested, and the City Attorney concurred, to add to the end of Section 9-191.2(a), "except as provided'for underthis article." Phil Morello, 592-C Hamilton Street, Costa Mesa, asked what the penalty would be to operate a pushcart without a license and was informed it was an infraction and could go as high as,a misdemeanor, and the ordinance also allows for impounding of the vehicle. He suggested a fine -instead of revocation of a permit or removal of a cart. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, expressed thanks to the City Attorney for clarifying the ordi- nance. He stated that the biggest concern that people have regarding pushcarts is that their children will purchase tainted food. Janice Davidson, 1982 Arnold Avenue, Costa Mesa, asked about enforcement of this law. The City Attorney stated it was the intention of the Orange County Health Services Department'to do sweeps, in other words, survey the City and impound illegal pushcarts on a regular basis. He also stated that the Countywide pushcart vendors association approves of this regulatory measure. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that he was concerned about due process, and was informed that if the food is imposing a health risk, the City is authorized to destroy it. MOTION On motion by Council Member Buffa, seconded by Council Ordinance 91-1 Member Humphrey, Ordinance 91-1, AN ORDINANCE OF THE Given First CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading AMENDING SECTIONS 9-131, 9-132, 9-133 AND 9-191 OF THE COSTA MESA MUNICIPAL CODE TO REGULATE PUSHCARTS, includ- ing the aforementioned addition to Section 9-191.2(a), 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 RECESS The Mayor declared a recess at 10:40 p.m., and the meet- ing reconvened at 10:50 p.m. NEW BUSINESS County Solid Waste The Deputy Clerk presented two resolutions regarding Facilities Orange County Solid Waste Facilities. 11 1 MOTION A motion was made by Council Member Humphrey, seconded Resolutions 91-3 by Council Member Buffa, adopting Resolution 91-3, A and 91-4 Adopted SOLUTION OF THE CITY OF COSTA MESA, CALIFORNIA, SPECI- FYING THE PROCESS FOR APPROVING AND SITING IN ORANGE COUNTY SOLID WASTE FACILITIES REUSING OR RECYCLING LESS THAN 15 PERCENT OF MATERIAL RECEIVED AND SERVING ONLY ONE JURISDICTION; adopting Resolution 91-4, A RESOLUTION OF THE CITY OF COSTA MESA, CALIFORNIA, SPECIFYING THE PROCESS FOR APPROVING AND SITING IN ORANGE COUNTY SOLID WASTE FACILITIES REUSING OR RECYCLING LESS THAN 15 PERCENT OF MATERIAL RECEIVED AND SERVING MORE THAN ONE JURISDICTION. 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 NEW BUSINESS The Deputy Clerk presented City facility lease agree - Lease Agreements ments with nonprofit organizations for a monthly rental fee: Agreements with Harbor Area Boys and Girls Club; Center for Creative Alternatives; Harbor Area Adult Day Care; High Hopes; March of Dimes; Feedback Founda- tion; Vantage Foundation; Head Start Program; and Costa Mesa Civic Playhouse from January 1 to December 31, 1991, for use of space at Rea Community Center. Request from Share Our Selves Corporation for exten- sion of leases for the SOS Free medical and dental clinic at Rea Community Center to January 17, 1992. Agreement with Childs -Pace, Incorporated, from January 1 December 31, 1991, for use of space at the Downtown Community Center. Agreement with Costa Mesa Historical Society from January 1, 1991, to December 31, 1995, for use of the facility at 1870 Anaheim Avenue. The City Manager reported that the leases are a result of the City Attorney's analysis of contractual agree- ments maintained by the City with separate agencies, researched at the request of Council Member Glasgow. Council Member Buffa asked the Community Services Director to notify the tenants at Rea Community Center of any action taken by the School Board that will.affect their tenancy. The City Attorney reviewed the procedure for determining insurance requirements stating that the Risk Manager evaluates uses in relationship to liability concerns. Because of unusual circumstances, i.e., uses that pre- sent a low risk, insurance as low as $500,000.00 per single incident was authorized for some leaseholders. Janice Davidson, 1982 Arnold Avenue, Costa Mesa, asked how the rents were determined. The Community Services Director stated that the rents were originally negoti- ated in 1983/1984 based on location in the facility and the organization's ability to pay, and since that time, they have been reviewed on an annual basis. The City Manager clarified the rental amounts noted in the January 18, 1991, memorandum, stating that not all the organizations are leasing premises of an equal size. 0 Jim Meehan, 3147 Country Club Drive, Costa Mesa, noted that the Costa Mesa Civic Playhouse pays the least amount of rent; yet, it is the one organization that benefits the City the least. Diane Taylor, 2397 Tustin Avenue, Newport Beach, Vice President of the Board of Directors of the Costa Mesa Civic Playhouse, addressed the accomplishments of the Playhouse. Chet Groskreutz, 1551 Pegasus Street, Santa Ana, stated that his children are active in the Costa Mesa Civic Playhouse, and it has proved to be a very positive experience. Irene Hajek, 3058 Madison Avenue, Costa Mesa, commented on the unique influence the Costa Mesa Playhouse has on the community, and young people in particular. Peggy Roberts, 3129 Cinnamon Avenue, Costa Mesa, also has children who are active in the Civic Playhouse, and she spoke very highly of the benefits to all the children who participate. John Feeney, 1154 Dorset Lane, Costa Mesa, questioned the fact that the Costa Mesa Playhouse pays very little rent versus charitable groups who pay a substantial amount per month. He stated that the Playhouse has received over $725,000.00 from the City since 1980. Eleanor Rey, 1700 Marguerite Avenue, Newport Beach, supported the Civic Playhouse and expressed her opinion that it offers an outreach to the community. Ernie.Feeney, 1154 Dorset Lane, Costa Mesa, suggested that if the City continues to fund the Civic Playhouse, it should be placed back under the auspices of the Community Services Department. Sharon Baker, 926 Helena Circle, Costa Mesa, spoke in support of the Civic Playhouse. Vickie Groskreutz, 1,551 Pegasus Street, Santa Ana, director of children's productions at the Civic Play- house, spoke on the benefits the Playhouse affords the children, and she suggested considering a more reason- able rent increase. The Director of Community Services clarified that the proposed rent for the -Civic Playhouse is $1,544.00 per month which is based'on an average of 21 cents per square foot. MOTION A motion was made by Vice Mayor Genis, seconded by Leases at Rea Council Member Buffa, to approve the lease proposal for Community Center all groups, except the Head Start Program and the Costa Approved Mesa Civic Playhouse, and to authorize the Mayor 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 PERS: None ABSENT: COUNCIL MEMBERS: None A motion was made by Vice Mayor Genis to adopt the contract for Costa Mesa Civic Playhouse specifying the $1,544.00 rent, with the $500,000.00 insurance coverage; however, the motion died for lack of a second. 2815 MOTION A motion was made by Mayor Hornbuckle, seconded by Interim Lease for Council Member Humphrey, authorizing a 90 -day lease for Civic Playhouse the Costa Mesa Civic Playhouse for a total of $100.00, Approved and in the interim, staff was directed to prepare a memorandum of understanding, including a suggested figure for rent, which shall`be brought back to the Council for approval. 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 Chet Groskreutz, 1551 Pegasus Street, Santa Ana, stated that it was impossible to compare programs like Head Start and other similar programs to the Civic Playhouse. MOTION A motion was made by Council Member Humphrey, seconded Head Start Lease by Vice Mayor Genis, to approve the lease for the Head Approved Start Program for use of space at Rea Community Center for $10,875.00 per year, with insurance coverage of $1,000,000.00, and to authorize the Mayor 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 Share Our Selves The City Manager summarized the request from Share Our Lease Selves (SOS) to extend the leases for the free medical and dental clinics at Rea Community Center to January 17, 1992. A discussion ensued regarding the ownership of the clinic trailer, which was purchased by SOS but is perma- nently attached to the property. Phil Morello, 592-C Hamilton Street, Costa Mesa, suggested moving the clinic out of the Rea Community Center, and expressed opinion that it is not prudent to spend taxpayers money to support this operation. Laura Collier, 675 Congress Street, Costa Mesa, stated she has used the SOS Medical Clinic and is grateful for the services offered. Janice Davidson, 1982 Arnold Avenue, Costa Mesa, stated she is not opposed to SOS being at the Center for one more year but would like a definite time limit set. Jean Forbath, 2880 Clubhouse Road, Costa Mesa, expressed thanks to the Council for being hospitable to the SOS clinic for the previous 18 months, and spoke on the request for a year's extension due to the fact that they do not have the new site ready for the clinics. MOTION A motion was made by Council Member Humphrey, seconded SOS Leases by Council Member Buffa, to approve extension of two Approved leases for the Share Our Selves medical clinic and dental clinic at Rea Community Center until January 17, 1992. 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 MOTION A motion was made by Council Member Humphrey, seconded Leases for by Vice Mayor Genis,' to approve the agreement with Childs -Pace and Childs -Pace, Incorporated, and the agreement with the Costa Mesa Histor- Costa Mesa Historical Society, and to authorize the ical Society Mayor to sign on behalf of the City. The motion carried 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 Council Agreed to Hear Member Humphrey, and carried 4-1, Council Member Glasgow New Business voting.no, Council decided that New Business Items 4 Items 4 Thru 7 through 7 would be heard this evening. MOTION On motion by Vice Mayor Genis, seconded by Council New Business Member Humphrey, and carried 5-0, New Business Items 8 Items 8 and 9 and 9 were continued to the Council Meeting of Febru- Continued ary 4, 1991: An ordinance adding Section 11-4 to Chapter I, Title 11 of the Costa Mesa Municipal Code prohibiting the performance of excretory functions in public. Revised parking standards to modify required garage door widths in multiple -family zones. NEW BUSINESS The Deputy Clerk presented the proposed construction of Fairview Park an 18 -hole Golf Course at Fairview Park. Golf Course The City Manager summarized staff's memorandum of Janu- ary 10, 1991, and stated the proposal has been reviewed by the Fairview Park Committee and the Golf Course Committee. The Community Services Director presented a diagram that illustrated the site of the proposed golf course. The following people, spoke in opposition to the proposed golf course: Alan Remington, 1164 Boise Way, Costa Mesa; Ellen Wright, 999 Hartford Way, Costa Mesa; Charlotte Clark, 9709 Puffin Avenue, Fountain Valley, President of the Orange County Fund for Environmental Defense; Dick Mehren, 1824 Kinglet Court, Costa Mesa, Member of the Fairview Park Committee; Karen McGlinn, 1785 Hummingbird Drive, Costa Mesa; Gary Gray, 1845 Capri Circle, Costa Mesa, Member of the Fairview Park Committee; Dick Sherrick, 3146 Country Club Drive, Costa Mesa; Sharran Renna, 2024'.Flamingo Drive, Costa Mesa; Laura Collier, 675 Congress Street, Costa Mesa; Janet Remington, 1164 Boise Way, Costa Mesa; and Bill Wright, 999 Hartford Way, Costa Mesa. 7 tF 087 The following Costa Mesa residents spoke in favor of the proposed golf course: Dan Worthington, 2963 Minanao Drive, Member of the Golf Course Committee; Richard Camella, 1081 Sea Bluff Drive; Tom Pesich, 2485 Irvine Avenue, Unit 4, Member of the Golf Course Committee; Warren Tucker, 1797 Tanager Drive; Roy Smitherman, 1024 Concord Street; and Babe Bouk, 1185 Gleneagles Terrace, Member of the Golf Course Committee. MOTION Former Mayor Robert M. Wilson, 3435 Plumeria Place, Granted Additional Costa Mesa, spoke on the history of Fairview Park. On Time to Speak motion by Council Member Humphrey, seconded by Vice Mayor Genis, and carried 5-0, Mr. Wilson was granted three additional minutes to speak. Mr. Wilson spoke favorably about the proposed golf course and encouraged the Council to approve the concept. The City Manager explained the County's local coastal plan, and stated that any use of this area will require full environmental review and Coastal Commission approval. Council Member Glasgow spoke in favor of the golf course and said.it could be designed so other uses could be incorporated. Vice Mayor Genis suggested that the private sector could take up the slack if another golf course is required, and she would like to see this area restored. MOTION A motion was made by Vice Mayor Genis, seconded by Golf Course Council Member Humphrey, and carried 4-1, Council Member Proposal Rejected Glasgow voting no, not to pursue a golf course in Fairview Park. RECESS The Mayor declared a recess at 1:25 a.m., and the meet- ing reconvened at 1:35 a.m. Council Member Glasgow Left Council Member Glasgow left during the recess. NEW BUSINESS The Deputy Clerk presented policies, rules, and regula- Costa Mesa Public tions of the Costa Mesa Golf and -Country Club. Golf and Country Club The City Manager gave a summary of staff's memorandum of January 9, 1991, and suggested that former Mayor Wilson, who is Vice Chairman of the Golf Course Committee, address any questions from Council. In response to an inquiry from the Mayor, the Director of Community Services explained that rules and regula- tions have been in use for approximately five years; Item Nos. 5, 9, and 11, as outlined in staff's memoran- dum of January 9, 1991, are new items that are being recommended for approval by the Golf Course Committee. A discussion ensued regarding reduced and/or waived green fees, specifically "various miscellaneous individuals" that qualify, which includes nonprofit organizations and volunteers. Richard Camella, 1081 Sea Bluff Drive, Costa Mesa, complained that the Men's Club is given special consid- erations and priviledges at the golf courses, and he felt that all golfers should be treated the same. He also commented that complimentary golf play is exces- sive, and he felt tournaments should not be allowed on weekends. Tom Pesich, 2485 Irvine Avenue, Unit 4, Costa Mesa, spoke on the Costa Mesa Men's Club, an affiliate of the Southern California Golf Association, which contributes to the game of golf, and golfers in general. Joseph Costello, 9657 Dove Circle, Fountain Valley, tournament director and founder of the Costa Mesa City Golf Championship and the Toys for Fairview Tournaments, stated that there have been concessions made to the public on starting times and weekend play. Dan Worthington, 2963 Mindanao Drive, Costa Mesa, suggested that retirees and complimentary golfers play during the week, and,he commented on the amount of complimentary golf rounds for the Men's and Women's clubs. The Director of Community Services clarified that each member of the Board of Directors of the Men's and Women's Clubs has available to.them two rounds per week, and there is no written reciprocal agreement. He stated that the greatest number of complimentary rounds are provided to City golf course employees. Former Mayor Robert Wilson, 3435 Plumeria Place, Costa Mesa, stated that the current gratuities for the Men's and Women's Clubs have existed for years. MOTION A motion was'made by Council Member Buffa, seconded by Golf Course Council Member Humphrey, and carried 4-0, Council Member Policies Approved Glasgow absent, approving the Golf Course policies, rules and regulations, and directing staff and the Golf Course Committee to prepare a report on the compli- mentary rounds of golf and the use of electric carts. NEW BUSINESS The Deputy Clerk presented a request from the Human "Living Room Relations Committee for financial assistance for the Dialogue" Program "Living Room Dialogue" program. MOTION A motion was made by, Council Member Humphrey, seconded Assistance Approved by Vice Mayor Genis,, to approve mailing for the Human Relations Committee's "Living Room Dialogue" program co-sponsored with the City of Costa Mesa, to all resi- dential units in the; City, stipulating that the funds shall be taken from'the Council Contingency Account. The motion carried 4-0, Council Member Glasgow absent. The Mayor announced that to kick off the "Living Room Dialogue" week, on Wednesday, April 17, 1991, the Mayor's Interfaith Prayer Breakfast will be held. NEW BUSINESS The Deputy Clerk presented a request from the Costa Mesa Civic Playhouse Civic Playhouse patrons for waiver from City Council Advertising Policy No. 000-5 regarding Advertising and Promotion Grants. The City Manager summarized his memorandum dated January 17, 1991, stating that the decision is whether staff should accept'the application and process it for further review. I. Irene Hajek, 3058 Madison Avenue, Costa Mesa, Costa Mesa Civic Playhouse Patrons Association, explained that the Patrons are a separate group from the Playhouse, and the Patrons require financial aid to advertise their bingo games which are held to assist the Playhouse become self-sufficient. She stated that the Playhouse has produced one play in the last 27 years that offended the public, and they apologized. She also noted that they have one of the few bingo games for which rent is paid for the facility, and there are various other expenses. John Feeney, 1154 Dorset Lane, Costa Mesa, stated he understands this application is for a gift and not a loan, and he feels this would be setting a dangerous precedent. A motion was made by Vice Mayor Genis to deny the request for a waiver. The motion died for lack of a second. A motion was made by Mayor Hornbuckle to accept the application from the Costa Mesa Playhouse Patrons, recognizing that it is not a common practice to accept applications for funding from one organization from two funding sources. The motion died for lack of a second. MOTION A motion was made by Council Member Buffa, seconded Request Denied by Council Member Humphrey, to direct staff to contact the Costa Mesa Civic Playhouse and explain Council's strong reluctance to consider this as a separate grant or to consider grants from two sources in one year, and to explore other alternatives. The motion carried 4-0, Council Member Glasgow absent. CITY MANAGER The City Manager mentioned the Special Study Session COMMENTS scheduled for January 28, 1991, at 4:00 p.m. in the fifth floor Conference Room for a mid -year financial Special Study review. On request by the Mayor, the time was changed Session to 4:30 p.m. COUNCIL MEMBER Council Member Buffa reported that Saturday, January 26, COMMENTS 1991, tentatively scheduled for 10:00 a.m., there will be a Pro -America rally at South Coast Plaza with a march Pro -America Rally to Shiffer Park, and remarks by various speakers. City Departments Vice Mayor Genis noted that people express confusion as to the titles of the City's departments. She also said she was dismayed that the development community was informed before Council that the In -lieu Park Fee issue will be continued for 30 days. Mayors' Roundtable Mayor Hornbuckle reported that the first of the Mayors' Roundtable discussions was held, and it was a success. ADJOURNMENT The Mayor declared the meeting adjourned at 2:50 a.m. t Mayor the City of Costa Mesa ATTEST • City Clerk of the City of Cost Mesa