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HomeMy WebLinkAbout02/04/1991 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA FEBRUARY 4, 1991 The City Council of 'the City of Costa Mesa, California, met in regular session February 4, 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, and Invocation by the Reverend Fred Bailey, St. John the Baptist Catholic 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 Council Members Absent: Officials Present: None City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Develop- ment Services Donald Lamm Public Services Director William Morris Finance Director Susan Temple City Clerk Eileen Phinney Senior Planner Alice Angus ORDINANCES A motion was made by; Council Member Buffa, seconded by Vice Mayor Genis, and carried 5-0, to read all ordi- nances by title only;. ORAL Steve Park, 1944 Church Street, Costa Mesa, reported COMMUNICATIONS that noise and litter problems still exist in his neigh- borhood because of Hogue.Barmichael's customers. He Permit Parking in asked Council to consider establishing temporary permit the Area Near parking on Friday and Saturday nights, from 9:00 p.m. to Hogue Barmichael's 1:00 a.m., on Church�Street between 19th and 20th Streets; and on Walnut and 20th Streets between Newport Boulevard and Fullerton Street. Mayor Hornbuckle directed the Public Services Director to take this request to the Transportation Commission. Limiting Number of Jerry Harr, 883 Arbor Street, Costa Mesa, stated that Occupants in Resi- the residence next door to him is being occupied by 10 dential Units to 12 people, and they have 10 cars parked on the street every day. Mr. Harr reported that his car has been burglarized twice since these people moved in; they urinate and defecate in the bushes; they litter the area with.empty beer cans; and three elderly ladies living across the street are terrorized by this group. Mr. Harr stated that'he has contacted several depart- ments in the City and no one has been able to do anything about the problem: -,He urged Council to adopt an ordinance -which would regulate the number of people allowed to occupy a residential unit. Mayor Hornbuckle suggested -that Mr. Harr leave his name and phone number with the Deputy City Manager/Develop- ment Services, or to contact him in the morning. Soffer's Comments Sid Soffer, 900 Arbor Street, Costa Mesa, suggested that the Council comment on items prior to input from L C applicants and the public. He also there is a time limit placed on the time, Council Members should limit comments. suggested that since public's speaking the time for their CONSENT CALENDAR The following items were removed from the Consent Calen- dar: Item 1, the Reading Folder; Item 13, Completion of the Harbor Boulevard at Fair Drive Improvements and Traffic Signal Modification; and Item 15, Resolution endorsing the reappointment of Jean Forbath to the Orange County Human Relations Commission. On motion by Vice Mayor Genis, seconded by Council Member Humphrey, 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 SET FOR PUBLIC On motion by Vice Mayor Genis, seconded by Council HEARING Member Humphrey, and carried 5-0, the following items were set for public hearing on February 19, 1991, at MOTION 6:30 p.m., in the Council Chambers of City Hall: Hearings Set for February 19, 1991 Rezone Petition R-91-01, Kerry Smith, Harbinger Homes, 375 Promontory Drive West, Newport Beach, to change R-91-01 the zoning at 232 and 240 Sierks Street from Rl to Harbinger Homes PDR -LD. Environmental Determination: Negative Declaration. R-91-02 Rezone Petition R-91-02, Mike Kashani, 180 Newport Kashani/Eisendrath Center Drive, Suite 180, Newport Beach, authorized agent for Frank Eisendrath, 104 Kings Place, Newport Beach, to change the zoning at 1928 Maple Avenue from R2 to R3. Environmental Determination: Negative Declaration. Vacation of Sparkes Street MOTION Resolution 91-5 Adopted; Hearing Set for March 4, 1991 Vacation of Public Street at Newport and Old 17th MOTION Resolution 90-81A Adopted; Hearing Set for March 4, 1991 Vacation of Storm Drain Easement at 1964 Federal Avenue A motion was made by Vice Mayor Genis, seconded by Council Member Humphrey, to adopt Resolution 91-5, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,. DECLARING ITS INTENTION TO ORDER THE VACATION OF SPARKES STREET, setting a public hearing for March 4, 1991, at 6:30 p.m. 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 A motion was made by Vice Mayor Genis, seconded by Council Member Humphrey, to adopt Resolution 90-81A, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING RESOLUTION NO. 90-81 AND DECLARING ITS INTENTION TO ORDER THE VACATION OF A PUBLIC STREET LOCATED AT THE SOUTHEAST CORNER OF NEWPORT BOULEVARD AND OLD 17TH STREET, setting a public hearing for March 4, 1991, at 6:30 p.m. 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 A motion was made by Vice Mayor Genis, seconded by Council Member Humphrey, to adopt Resolution 91-6, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA 291 �• � e 292 MESA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE MOTION VACATION OF A STORM DRAIN EASEMENT AT 1964 FEDERAL AVE - Resolution 91-6 NUE, setting a public hearing for March 4, 1991, at Adopted; Hearing 6:30 p.m. The motion carried by the following roll call Set for March 4, vote: 1991 AYES: COUNCIL MF14BERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION Warrant 1486 Approved ADMINISTRATIVE ACTIONS Bid Item 896 Energy Conserva- tion Program MOTION Awarded to Landis & Gyr Powers On motion by Vice Mayor Genis, seconded by Council Member Humphrey, Warrant Resolution 1486, including Payroll 9102, was approved 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 Bid Item 896, Comprehensive City Energy Conservation Program, are on file in the Clerk's office. On motion by Vice Mayor Genis, seconded by Council Member Humphrey, the contract was awarded to Landis & Gyr Powers, Incorporated, 6925 Aragon Circle, Buena Park. 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 Bid Item 913/Rental Bids received for Bid Item 913, Rental of Two Copiers, of Two Copiers are on file in the Clerk's office. On motion by Vice Mayor Genis, seconded by Council Member Humphrey, and MOTION carried 5-0, all bids were rejected, and staff was Bids Rejected authorized to re -advertise. Bid Item 916 Bids received for Bid Item 916, Remove and Install City City Hall Parking Hall Parking Lot Lights, are on file in the Clerk's Tot Lights office. On motion by Vice Mayor Genis, seconded by Council Member Humphrey, the contract was awarded to MOTION Noor Electrical, 711 West 17th Street, Suite J-4, Costa Awarded to Noor Mesa, for $16,700.00. The motion carried by the follow - Electrical ing roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 917 Bids received for Bid Item 917, Computer Data Storage Computer Data Upgrade, are on file in the Clerk's office. On motion Storage Upgrade by Vice Mayor Geniso seconded by Council Member Humphrey, the contract was awarded to Pacificorp MOTION Capital, Incorporated, 5130 Bonita Road, Suite C, Awarded to Bonita, for $16,483.00. The motion carried by the Pacificorp Capital following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 918 One bid received for Bid Item 918, Remove and Replace Stage Area Drapery Stage Area Drapery at the Neighborhood Community Center, for Neighborhood is on file in the Clerk's office. On motion by Vice Community Center Mayor Genis, seconded by Council Member Humphrey, the contract was awarded to Covoc Corporation, 1194 East MOTION/Awarded to Valencia Drive, Fullerton, for $6,991.00. The motion Covoc Corporation carried by the following roll call vote: 1 Declare Victoria On motion by Vice Mayor Genis, seconded by Council Street a County Member Humphrey, Resolution 91-7, A RESOLUTION OF THE Highway During CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Improvement DECLARING A PORTION OF VICTORIA STREET TO BE A COUNTY HIGHWAY DURING THE PERIOD OF IMPROVEMENT, was adopted by MOTION the following roll call vote: Resolution 91-7 AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Adopted Buffa, Glasgow, Humphrey umPhreY NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget Adjustments A motion was made by Vice Mayor Genis, seconded by Council Member Humphrey, to approve the following Budget Adjustments: 91-47 Budget Adjustment 91-47 for $6,000.00, to provide an Replacement Canine adequate appropriation to purchase a replacement canine; 91-48 Budget Adjustment 91-48 for $671,609.00, to provide an Salaries and additional appropriation for salaries and benefits for Benefits 1990-91 cost -of -living adjustments; and 91-49 Budget Adjustment 91-49 for $90,000.00, to provide Legal Services an additional appropriation for unanticipated out- side professional services in litigation and general legal services. MOTION Adjustments The motion carried by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement and The Public Services Director recommended approval of an Deed/Rischard Easement Deed and agreement with Theodore E. Rischard, 18901 East Dodge Avenue, Santa Ana, to acquire right -of - Acquisition of way at Fairview Road and Baker Street for $36,335.00. Right -of -Way at On motion by Vice Mayor Genis, seconded by Council Baker and Fairview Member Humphrey, the following action was taken: the agreement was approved, and the Mayor and Clerk were MOTION authorized to sign on behalf of the City; the Easement Agreement and Deed was approved, and the Clerk was authorized to Deed Approved accept the deed 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 AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 919 Bids received for Bid Item 919, Remove and Replace Window Frames for Window Frames at the Downtown Community Center, are on Downtown Community file in the Clerk's office. On motion by Vice Mayor Center Genis, seconded by Council Member Humphrey, the contract was awarded to American Balboa Glass Company, 1671 MOTION Placentia Avenue, Costa Mesa, for $7,900.00. The motion Awarded to carried by the following roll call vote: American Balboa AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Glass Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Declare Victoria On motion by Vice Mayor Genis, seconded by Council Street a County Member Humphrey, Resolution 91-7, A RESOLUTION OF THE Highway During CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Improvement DECLARING A PORTION OF VICTORIA STREET TO BE A COUNTY HIGHWAY DURING THE PERIOD OF IMPROVEMENT, was adopted by MOTION the following roll call vote: Resolution 91-7 AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Adopted Buffa, Glasgow, Humphrey umPhreY NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget Adjustments A motion was made by Vice Mayor Genis, seconded by Council Member Humphrey, to approve the following Budget Adjustments: 91-47 Budget Adjustment 91-47 for $6,000.00, to provide an Replacement Canine adequate appropriation to purchase a replacement canine; 91-48 Budget Adjustment 91-48 for $671,609.00, to provide an Salaries and additional appropriation for salaries and benefits for Benefits 1990-91 cost -of -living adjustments; and 91-49 Budget Adjustment 91-49 for $90,000.00, to provide Legal Services an additional appropriation for unanticipated out- side professional services in litigation and general legal services. MOTION Adjustments The motion carried by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement and The Public Services Director recommended approval of an Deed/Rischard Easement Deed and agreement with Theodore E. Rischard, 18901 East Dodge Avenue, Santa Ana, to acquire right -of - Acquisition of way at Fairview Road and Baker Street for $36,335.00. Right -of -Way at On motion by Vice Mayor Genis, seconded by Council Baker and Fairview Member Humphrey, the following action was taken: the agreement was approved, and the Mayor and Clerk were MOTION authorized to sign on behalf of the City; the Easement Agreement and Deed was approved, and the Clerk was authorized to Deed Approved accept the deed 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 x'941 Improvements for Storm drain improvements, street reconstruction, and Tract 13224 by survey monumentation have been completed to the satis- Kaufman and Broad faction of the Public Services Director by Kaufman and Broad of Southern California, Incorporated, 5500 East MOTION Santa Ana Canyon Road, Anaheim, for Tract No. 13224, Work Accepted located at 1050 West,18th Street. On motion by Vice Mayor Genis, seconded by Council Member Humphrey, the work was accepted, and all bonds were ordered exoner- ated. 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 Redevelopment Agency On motion by Vice Mayor Genis, seconded by Council Annual Report Member Humphrey, and carried 5-0, the Redevelopment Agency Annual Report for the Downtown Redevelopment MOTION Project Area for July 1, 1989, through June 30, 1990, Received and Filed was received and filed; and the City Manager was directed to file the report with the State Department of Housing and Community Development. READING FOLDER Item 1 on the Consent Calendar was presented: The Read- ing Folder: Claims Claims received by the City Clerk: Linda Disciullo; Martha Fleming; John David Gunnafson; Azra Mirafsari; Pamela J. Olson; Pacific Bell; Desiree C. Wilson; and Application for Leave to Present a Late Claim from James Prunty. Alcoholic Alcoholic Beverage Licenses for which parking has Beverage been approved by the Planning staff: Kaplan's CM, Licenses Incorporated, doing business at 3211 Harbor Boulevard; and Scampi Cafe, Incorporated, doing business as Amici Trattoria Italiana, 655 Anton Boulevard, Suite "C". Fund Solicitation Letter from FEDCO, Incorporated, 12631 Imperial High - by "American way, Building F, Suite 132, Santa Fe Springs, concerning National Veterans" solicitation for funds by "American National Veterans" at the FEDCO store in Costa Mesa. Vice Mayor Genis removed this item from the Consent Cal- endar to discuss the letter of complaint from FEDCO, Incorporated, based upon information from the City of Los Angeles that "American National Veterans" does not adequately bestow collected funds in a charitable way. The Vice Mayor cautioned citizens to be careful when donating money, and asked staff to determine what can be done to limit those activities where funds are not being given to the appropriate charity. MOTION Reading Folder On motion by Vice Mayor Genis, seconded by Council Received and Member Humphrey, and carried 5-0, the Reading Folder Processed items were received and processed. Notice of Completion Item 13 on the Consent Calendar was presented: Comple- Excel Paving tion of the Harbor Boulevard at Fair Drive Improvements and Traffic Signal Modification, Project 90-07, by Excel Harbor/Fair Improve- Paving Company, 2230 Lemon Avenue, Lang Beach. ments and Traffic Signal Modification Council Member Buffa was not satisfied with the appear - Project 90-07 ance of the intersection, and requested staff to inspect the site and have any needed corrections made while the Performance Bond is,still in effect. MOTION On motion by Council Member Buffa, seconded by Council Work Accepted Member Humphrey, the work was accepted; the Clerk was authorized to file a Notice of Completion; authorization was given to release retention funds 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. 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 Endorse Reappoint- Item 15 on the Consent Calendar was presented: A ment of Jean resolution endorsing reappointment of Jean Forbath to Forbath to Human the Orange County Human Relations Commission. Relations Commission Costa Mesa residents, Phil Morello, 592 Hamilton Street, and Roy Pizarek, 1923 Whittier Avenue, opposed the reappointment of Mrs. Forbath asserting that her rela- tionship with the West Side community on the Share Our Selves issue was very poor. Mayor Hornbuckle commented that no one else applied for the position. Council Member Buffa felt that Mrs. Forbath has done a good job. MOTION On motion by Council Member Buffa, seconded by Council Resolution 91-8 Member Humphrey, Resolution 91-8, A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ENDORSING THE REAPPOINTMENT OF JEAN FORBATH TO THE ORANGE COUNTY HUMAN RELATIONS COMMISSION, was adopted 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 PA -90-119 the meeting of December 17, 1990, to consider an appeal Mariman/Harris of the Planning Commission's denial of Planning Action PA -90-119 from Rudy Mariman Trust and Ernest E. Harris, 341 Bayside Drive, Suite 3, Newport Beach, authorized agent for College Health Enterprises, Incorporated, 7711 Center Avenue, Suite 300, Huntington Beach, for Condi- tional Use Pennits to convert the 25 -unit Greystone Apartments 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. The Deputy City Manager/Development Services recommended denial since the applicant has not submitted appropriate documents to ensure that adequate parking would be provided. The applicant was not present. There being no speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Humphrey, seconded PA -90-119 by Vice Mayor Genis, and carried 5-0, upholding the Denied Planning Commission's decision to deny the application. ANNOUNCEMENT Mayor Hornbuckle announced that no new items would be Midnight Deadline introduced after midnight, pursuant to an existing Council Policy; and any items not addressed by that time, except for closed session, would be continued to Tuesday, February 5, 1991, at 6:30 p.m. PUBLIC HEARING The Clerk announced the public hearing, continued from Appeal of PA -90-103 the meeting of January 7, 1991, to consider an appeal of Wade/Moore the Planning Commission's decision for 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 five -bay car wash with five 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), located at 221 and 225 West Wilson Street in a Cl zone. Environmental Determination: Negative Declaration. MOTION On motion by Council -Member Buffa, seconded by Council Continued to Member Humphrey, and carried 5-0, the public hearing February 19, 1991 was continued to February 19, 1991, as recommended by staff.' PUBLIC HEARING The Clerk announced that this was the time and place R-90-03 set for the public hearing to consider Rezone Petition Hall/Hayashi R-90-03, Donn Hall, 930 West 16th Street, Suite E2, Costa Mesa, authorized agent for Kenneth Hayashi, 1900 Sepulveda Blvd., Los Angeles, to rezone property at 2881 and 2891 Bear Street from R3 (Multiple -family Residen- tial, 2,000 square feet of land area per unit) to R4 (Multiple -family Residential, 1,500 square feet of land area per unit). Environmental Determination: Negative Declaration. The Affidavits of Publishing and Mailing are on file in the Clerk's office. No communications were received. Request for The Clerk also presented a report on the applicant's Density Bonus request for a density bonus in conjunction with the subject property. The Deputy City Manager/Development Services suggested that it would be more appropriate to address the density bonus prior to discussing the request for a rezone. After explaining the requirements of the latest State law regarding density bonuses and/or other incentives, the Deputy City Manager summarized the Senior Planner's memorandum of January 30, 1991. He reported that the applicant is requesting a rezone from R3 to R4 plus a density bonus, for a total of 91 units; however, Council cannot legally approve any project containing over 77 units because that is the General Plan maximum for the site. The Deputy City Manager reviewed the options detailed in the above-mentioned memorandum: (1) Retain R3 zoning plus a density bonus for very low income households, allowing 70 rental units; or (2) Rezone to R4 plus a density bonus with a maximum of 77 units, plus a finan- cial incentive. He stated that the incentive staff is proposing is a rezone to R4 with a maximum R4 density of 75 units. He explained that since the rezone to R4 would then become the incentive allowed by law, staff proposes that the property owner execute agreements with the City which restrict the site to the R4 zone without incentives, that the Deed restriction be recorded for the property thereby being the guiding factor to allow the applicant to process a Development Plan. The Deputy City Manager mentioned that if Council agrees to R4 zoning, a Negative Declaration of Environmental Impact must be adopted incorporating the finding detailed in staff's:memorandum dated February 4, 1991, relating to Section 711.2 of the Fish and Game Code. C Responding to Vice Mayor Genis's question regarding the length of time affordable units must be retained, the Senior Planner reported that State law stipulates that if the City grants a density bonus of 25 percent without any additional incentives, then units are required to stay affordable for 10 years; if the City grants anything in access of the 25 percent density bonus (which in this case is a rezone to R4), then the units can be stipulated as affordable for 30 years. The following Costa Mesa residents spoke in opposition to a rezone to R4,.primarily because of the traffic impacts on the surrounding area: Geraldine Evans, 2838 Drake Avenue; William Kessell, 1122 Mision Drive; Peter Infranca, 2758 Drake Avenue; Debbie Smith, 2858 Drake Avenue; Roy Andreen, 2769 Cibola Avenue, President of the Mesa del Mar Homeowners Association. Craig Archer, 2852 Drake Avenue; and Joseph Kubik, 812 St. Clair Street Donn Hall, authorized agent for the applicant, spoke at length about the former proposals submitted to the City for the subject site, and the applicant's new proposal which eliminates the the flood control channel. Council Member Buffa asked Mr. Hall if he understood the recom- mendation made by staff. Mr. Hall responded that he understood it perfectly and that it was an acceptable option. Discussion ensued regarding the density bonus and park- ing standards. Sid Soffer, 900 Arbor Street, Costa Mesa, commented that parking was not an issue, and only the density bonus and rezone were being considered at this time. There beim no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Buffa, seconded by Density Bonus Council Member Glasgow, to adopt the Negative Declara- Granted; tion of Environmental Impact; to grant a density bonus Ordinance 91-2 for the existing R3 zone in the form of rezoning to R4; Given First to give first reading to Ordinance 91-2, AN ORDINANCE OF Reading THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING AT 2881-2891 BEAR STREET FROM R3 TO R4, stipulating that second reading and adoption shall be held until proof of lot combination is provided, a Density Bonus Agreement has been executed, and a Deed Restriction has been recorded which provides for a maximum of 75 units. Vice Mayor Genis did not support the motion, one reason being that she felt the Negative Declaration may not be adequately addressing the impacts on schools and traffic. Council Member Humphrey also stated that he could not support the motion. He was concerned that a future owner of the property may attempt to increase the density at a later date and possibly utilize the flood control channel. Sid Soffer, 900 Arbor Street, Costa Mesa, wanted to know if the property would revert back to R3 zoning if the project were not constructed. The City Attorney responded that the property would remain R4 unless the ordinance is repealed by Council. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Buffa, Glasgow NOES: COUNCIL MEMBERS: Genis, Humphrey ABSENT: COUNCIL MEMBERS: None Request to Move David Wegener, 251 East 19th Street, Costa Mesa, New Business No. 6 requested that the item concerning East 19th Street to Earlier Time (New Business No. 6)' be moved forward on the Agenda because of the number of interested children and elderly people who were present for this item. Mayor Hornbuckle indicated that she would honor the request. RECESS The Mayor declared,a recess at 8:20 p.m., and the meet- ing reconvened at 8:30 p.m. AGENDA ITEMS TAKEN The remaining Agenda items were taken out of order for OUT OF ORDER the convenience of those in attendance. OLD BUSINESS The Clerk presented:a request for rehearing of.the Request for Rehear- Council's denial of ,Planning Action PA -90-98 from Jules ing of PA -90-98 Boryczewski, 1976 Newport Boulevard, Costa Mesa, for frau Boryczewski/ property at 1970-1984 Newport Boulevard (Hogue Hogue Barmichael's Barmichael's) in C2 and R2 zones. Conditional Use Permit for an existing, nonconforming restaurant and bar within 200 feet of a residential zone. Conditional Use Permits to allow off-site parking with reciprocal access on adjacent parcels, and a reduction in required parking due to offset hours of operation on other businesses. City Attorney's Report No. 90-4 regarding removal of legal, nonconforming uses. Environmental Determination: Exempt. A letter dated February 1, 1991, was received frau Marc J. Lebovitz, Attorney at Law, 1851 East First Street, Suite 1405, Santa Ana, the applicant's representative, which contains a chronology of events, and summarizes recent developments; new contentions of the City, and new matters and errors that justify a rehearing. Marc Lebovitz, attorney for the applicant, stated that he had no further comments other than those contained in his February 1 letter. Mayor Hornbuckle and Council Member Buffa commented that Mr. Lebovitz's'letter did not contain any new information. MOTION On motion by Council Member Buffa, seconded by Council Rehearing Denied Member Humphrey, and carried 5-0, the request for rehearing was denied. In regard to the City Attorney's Report No. 90-4 concerning removal of legal, nonconforming uses, Mayor Hornbuckle clarified that she would like to have a report on the City's requiring a Conditional Use Permit for these uses. The City Attorney responded that a report would be forthcoming. 1 29� NEW BUSINESS The Clerk presented a recommendation from the Trans - Study on Down- portation Commission to initiate a study to determine grading East 19th the feasibility of downgrading East 19th Street, Street between Newport Boulevard and Tustin Avenue, from a primary/secondary arterial to a residential street on the City's Master Plan of Highways. The Public Services Director reviewed his memorandum of January 25, 1991, reporting that a petition was received from residents on East 19th Street expressing concerns about the speed and -volume of traffic, and the amount of truck traffic. He stated that the petitioners offered several suggestions to alleviate their concerns: (1) increase police patrols to enforce truck restric- tions and speed limits; (2) Erect additional stop signs; (3) Convert East 19th Street to a one-way street; and (4) Extend the median island on Irvine Avenue to cut off East 19th Street traffic from continuing to/from Dover Drive in the City of Newport Beach. The Director pointed out that the current traffic model developed for the City's General Plan Update lists East 19th Street as a needed primary/secondary highway; and the present traffic model indicates that at full buildout, East 19th Street will be required to carry from 30,000 vehicles daily (east of Newport Boulevard) to 15,000 vehicles daily (west of Irvine Avenue). He compared that figure with existing volumes of 12,000 and 7,000, respectively. While answering questions from the Council, the Public Services Director stated that completion of the 55 Freeway to 19th Street is scheduled for completion by late summer, 1992. The following East 19th Street residents addressed the Council on the dangerous conditions of the street, and asked that steps be taken to alleviate the problem: Al Eichler, 406 East 19th Street; David Wegener, 251 East 19th Street; Kathy Dalby, 274 East 19th Street; Steve Rnmons, 359 East 19th Street; Fred Arnold, 279 East 19th Street; Jim Miller, 245 East 19th Street; Brian Walker, 379 East 19th Street; Phil Richardson, 276 East 19th Street; and Bea Almeida, property owner of 496 East 19th Street; Sid Soffer, 900 Arbor Street, Costa Mesa, opposed a study, and suggested that alternatives be considered and acted upon as soon as possible. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, stated that if a study were authorized, it should include the widening of -19th Street and the impact of the 19th Street bridge. Lee Heinz, Executive Director of the Costa Mesa Chamber of Commerce, spoke in support of the study, and urged Council to protect the residential area on East 19th Street by finding a way to divert the traffic. Mr. Heinz announced that the Transportation Committee of the Chamber of Commerce will host a meeting on March 5, 1991, probably at the Neighborhood Community Center, to discuss alternatives to improve traffic flow on 19th Street. Mayor Hornbuckle suggested that all interested persons contact the Chamber for further information. Robert Hoffman, 360 East 19th Street, Costa Mesa, repre- senting several residents on East 19th Street, read a prepared statement on the traffic problems, and copies were made available for Council and the public. Mr. Hoffman requested that Council approve a feasibility study to downgrade East 19th Street to a residential street on the City's Master Plan of Highways; and direct the Traffic Commission to structure the study to obtain sufficient qualifying data to effectively address the City's concerns regarding County ramifications and neighborhood impacts'resulting from the downgrade. Vice Mayor Genis supported a study and suggested that it include information on the origin and destination of the traffic. She mentioned that the Triangle Square project could create additional traffic impacts. Mayor Hornbuckle asked whether anything could be done while the study is underway to alleviate some of the traffic impacts. The Public Services Director responded that there was some discussion about adding two more stop signs on East 19th Street, one at Raymond Avenue, and the other at Fullerton Avenue. Council Member Buffa approved of the study, but felt that immediate remedies should be implemented in the interim. The City Manager suggested several options: additional police enforcement; use of the radar display board; and reduction in the posted speed limit for enforcement purposes. Discussion ensued regarding immediate installation of additional stop signs and the number of trucks using East 19th Street. Al Eichler, 406 East 19th Street, stated that the truck signs are not large enough. Mayor Hornbuckle was in favor of having additional stop signs installed, and stated that she would support a motion to that effect. A motion was made by Council Member Glasgow, seconded by Mayor Hornbuckle,, directing staff to install two stop signs on East 19th Street, one at Raymond Avenue and one at Fullerton Avenue. The motion failed to carry 3-2, Council Members Genis, Buffa, and Humphrey voting no. . Linda Shelton, 346 East 19th Street, suggested waiting 30 days before deciding on the stop signs. Esther Shaw, 1901 Tustin Avenue, asserted that stop signs are not the solution, and suggested using a sign Council Member Humphrey agreed that a study should be done and interim traffic safety measures implemented. MOTION A motion was made by Council Member Humphrey, seconded Study Authorized; by Council Member Buffa, directing staff to initiate a Directed Staff to study to determine the,feasibility of downgrading East Provide Alterna- 19th Street to a residential street on the City's Master tives in 30 Days Plan of Highways, and to include data on the origin and destination of traffic, with said study to be done after Newport Boulevard traffic returns to normal flow; and directing staff to prepare alternatives on alleviating traffic on East 19th Street, and to bring back recom- mendations to Council in 30 days. The motion carried 5-0. Discussion ensued regarding immediate installation of additional stop signs and the number of trucks using East 19th Street. Al Eichler, 406 East 19th Street, stated that the truck signs are not large enough. Mayor Hornbuckle was in favor of having additional stop signs installed, and stated that she would support a motion to that effect. A motion was made by Council Member Glasgow, seconded by Mayor Hornbuckle,, directing staff to install two stop signs on East 19th Street, one at Raymond Avenue and one at Fullerton Avenue. The motion failed to carry 3-2, Council Members Genis, Buffa, and Humphrey voting no. . Linda Shelton, 346 East 19th Street, suggested waiting 30 days before deciding on the stop signs. Esther Shaw, 1901 Tustin Avenue, asserted that stop signs are not the solution, and suggested using a sign 3V 1 utilized in the City of Oakland. A picture of that sign was shown on the overhead screen. Bea Almeida, owner of property at 496 East 19th Street, stated that additional stop signs may encourage drivers to use 17th Street. . OLD BUSINESS The Clerk presented Ordinance 91-1 for second reading Pushcart and adoption. The ordinance regulates pushcart vendors - Regulations within the City. Brian Harris, owner of Frank's Flowers, 390 East 17th Street, asked if the ordinance includes those pushcarts frcm which flowers are sold, and the City Attorney replied that the ordinance includes any product. MOTION On motion by Council Member Buffa, seconded by Council Ordinance 91-1 Member Humphrey, Ordinance 91-1, AN ORDINANCE OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTIONS 9-131, 9-132, 9-133 AND 9-191 OF THE COSTA MESA MUNICIPAL CODE TO REGULATE PUSHCARTS, was given second reading and adopted 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 an agreement with Ronald Fream. Agreement with Design Group, Post Office Box 1823, Santa Rosa, for Ronald Fream $21,000.00, to design reconstruction of the golf course driving range and irrigation system at the Los Lagos Golf Course Driving course. Range and Irriga- tion System The City Manager gave a brief explanation of the Master Contract with Ronald Fream approved in January, 1986. MOTION A motion was made by Council Member Humphrey, seconded Agreement Approved; by Vice Mayor Genis, to approve the agreement, and Master Contract authorize the Mayor and Clerk to sign; and to terminate Terminated the Master Contract. The motion carried by the follow- ing 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 from staff for authoriza- Cul-de-sacs on tion to proceed with the acquisition of single-family Sterling and lots at 2135 Sterling Avenue and 2136 Raleigh Avenue for Raleigh Avenues construction of standard 40 -foot -radius cul-de-sacs at Victoria Street at Victoria Street. The Public Services Director gave a brief outline of his memorandum dated January 25, 1991, stating that both owners have agreed in writing to sell their properties to the City for the appraised amounts plus any reloca- tion exenses to which they are entitled. The Director pointed out that there will be 4,200 square feet of excess property on each lot, and since the rear yards are contiguous, the excess land could be combined into a single, marketable lot measuring 60 feet by approxi- mately 140 feet with access from either Raleigh Avenue or Sterling Avenue. Mayor Hornbuckle suggested saving one house to be placed on the lot resulting from the combination of the excess land. The Public Services Director stated that this recommendation would be explored. 302 Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, commented that people on National Avenue are concerned about traf- fic because of the traffic signal being proposed on Victoria Street/National Avenue. Mayor Hornbuckle stated that the traffic signal was discussed a year ago, and the only issue being considered is construction of the subject cul-de-sacs. MOTION A motion was made by Council Member Buffa, seconded by Staff Authorized Council Member Humphrey, directing staff to proceed with to Proceed with acquisition of whole; parcels at 2135 Sterling Avenue and Acquisitions at 2136 Raleigh Avenue, to revise Victoria Street cul- de-sac plans to provide for 40 -foot radii curbs on Sterling and Raleigh Avenues on the south side of Victoria Street. 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 RECESS Mayor Hornbuckle declared a recess at 10:30 p.m., and she reconvened the meeting at 10:35 p.m. OLD BUSINESS The Clerk presented two items concerning Cultural Arts Cultural Arts grants: Grants Recommendations from the Cultural Arts Committee for allocation of the additional $75,000.00 in Cultural Arts funds; and Cultural Arts grant documents which include the definition of Education and Outreach Programs, the new Cultural Arts,Grant Application, and the Grant Spending Agreement. John Moorlach, 3169'Madeira Avenue, Costa Mesa, was of the opinion that the arts should be funded by private donations and those,who attend art functions. Eloise Ott, 309:3 Loren Lane, Costa Mesa, stated that it is inappropriate:for the City to subsidize entertain- ment, and the arts should be supported by the users. Lee Heinz, Executive Director of the Costa Mesa Chamber of Commerce, stated that government should support the arts in the educational process. John Feeney, 1154 Dorset Lane, Costa Mesa, stated that he could support some of the grants recommended by the committee; however, he objected to giving South Coast Repertory Theatre $14,000.00 and gave reasons for his objection. Esther Shaw, 1901 Tustin Avenue, Costa Mesa, represent- ing Coalition for Artistic Expression in Orange County, spoke in support ofthe City's supporting the arts. Ernie Feeney, 1154 Dorset Lane, Costa Mesa, mentioned that she attended the Council Special Study Session at which the City's budget deficits for this year and next year were discussed. Because of these deficits, she questioned whether the City was being responsible in giving an additional $75,000.00 to the arts. Jeannine Merald, 306 Princeton Drive, Costa Mesa, stated that the arts cannot exist without government funding. :303 Lori Houghton, Chairperson, Cultural Arts Committee, answered questions from Council Member Buffa on the recommendation not to allocate any funds to the Allard Academy. Vice Mayor Genis stated that based on the City's budget, she could not support the $75,000.00 allocation, especi- ally since the City has already allocated $175,000.00 this fiscal year. Vice Mayor Genis made a motion to deny the requests for Cultural Arts funding. The motion died for lack of a second. Council Member Humphrey commented that the City has an obligation to help those people who cannot afford to enjoy the arts. Council Member Buffa asserted that the arts are not self-sustaining and goverment financial support is needed. Motion to Approve A motion was made by Council Member Buffa, seconded by the Funding Failed Council Member Humphrey, to approve funds for the recom- to Carry mendations made -by the Cultural Arts Committee. The motion failed to carry 3-2, Council Members Hornbuckle, Genis, and Glasgow voting no. During discussion on the Cultural Arts grant documents, Vice Mayor Genis recommended a change to the "Defini- tion of Education and Outreach Programs"': Change the last phrase to read, "and programs meant to enhance the public's experience and understanding of artistic works". MOTION On motion by Vice Mayor Genis, seconded by Council Documents Member Humphrey, and carried 5-0, the following docu- Adopted ments were adopted: Definition of Education and Outreach Programs, including the change in wording recommended by the Vice Mayor; the new Cultural Arts Grant Application; and the Grant Spending Agreement. NEW BUSINESS The Clerk presented a report concerning operation of Costa Mesa Job the Costa Mesa Job Center by the State's Employment Center Development Department (E.D.D.). The City Manager referred to memorandums dated January 23 and 31, 1991, which detail the issues involved with the proposed transition. He reported that E.D.D. is interested in operating the job center; however, the policy would change in that the State does not require job seekers to show proof of immigration status because Federal law requires the employer to verify that data. He mentioned that the City would realize a savings of approximately $60,000.00 if E.D.D. were to take over the Job Center. Mayor Hornbuckle asked about the status of the City personnel if the operation were transferred to E.D.D. The City Manager responded that employees at the Job Center work on a part-time basis, and it is his intent to phase them into other openings as they occur based on the employee's qualifications and jobs available. MOTION/Approved Vice Mayor Genis made a motion approving E.D.D.'s taking E.D.D. Operation over the Job Center, and authorizing the City Manager of Job Center to executive the necessary agreements with E.D.D. sub- ject to approval "as to form" by the City Attorney. The motion was seconded by Council Member Humphrey, and car- ried 3-2, Council Members Buffa and Glasgow voting no. 04 NEW BUSINESS The Clerk presented two density bonus requests outlined Density Bonuses in staff's memorandum dated January 30, 1991: for Mariman and Hartke Housing proposal from Rudy Mariman, owner, 341 Bayside Drive, Suite 3, Newport Beach; and Frank Spangler Associates, Incorporated, architect, 2240 Newport Boulevard, Newport Beach, for property at 1945-1965 Pomona Avenue; and David Hartke was present and agreed with staff's recom- mendation. MOTION A motion was made by Council Member Buffa, seconded by Approved Density Mayor Hornbuckle, and carried 5-0, approving the Bonus for Hartke; requested density bonus, and directing staff to process Directed Staff to a Development Review (DR) and Lot Line Adjustment (LL) Process Develop- for the addition of 'two units, with a requirement that a ment Review and land use restriction be.recorded on the property so that Trot Line Adjust- one unit is retained as an affordable rental unit to ment households of very low income for a period of 30 years, and directing that the DR and LL be given priority in processing and the planning filing fees waived. NEW BUSINESS The Clerk presented from the meeting of January 21, Prohibiting 1991, an ordinance prohibiting the performance of Exretory Functions excretory functions:in public. in Public The City Attorney referred -to his Report No. 90-33A of January 16, 1991, and the proposed ordinance which prohibits such personal functions on public property or on private property exposed to public view. 1 Housing proposal from David Hartke, applicant, 3234 Oregon Avenue, Costa Mesa, for property at 1980 and 1984 Anaheim Avenue. Mariman The Senior Planner summarized the first request from Rudy Mariman which is a proposal to set aside 10 percent of the units at 1945-1965 Pomona Avenue for affordable very low income units for 10 years; in return, the owner is seeking an increase of two units over the number allowed by the current R4 zoning. The Senior Planner reported that the requested increase in units is within the General Plan density limit; however, since the request is less than 25 percent as defined as a "density bonus" by State law, staff recommended that the City offer additional incentives in the form of a waiver of planning filing fees and priority processing of the application as a Development Review (DR). Frank Spangler, architect for the project, was present but there were no questions from the Council. MOTION/Approved Density Bonus for A motion was made by Council Member Humphrey, seconded Mariman; Directed by Council Member Buffa, and carried 5-0, approving the Staff to Process requested density bonus, and authorizing staff to a Development process a Development Review (DR) as outlined in staff's Review aforementioned memorandum. Hartke The Senior Planner reviewed the request from David Hartke who has proposed that 10 percent of the units at 1980-1984 Anaheim Avenuef be set aside for very low income households in return for a density bonus which would be within the General Plan density limit. The Senior Planner recommended that the City offer addi- tional incentives in order to maintain the affordable units for 30 years instead of 10. David Hartke was present and agreed with staff's recom- mendation. MOTION A motion was made by Council Member Buffa, seconded by Approved Density Mayor Hornbuckle, and carried 5-0, approving the Bonus for Hartke; requested density bonus, and directing staff to process Directed Staff to a Development Review (DR) and Lot Line Adjustment (LL) Process Develop- for the addition of 'two units, with a requirement that a ment Review and land use restriction be.recorded on the property so that Trot Line Adjust- one unit is retained as an affordable rental unit to ment households of very low income for a period of 30 years, and directing that the DR and LL be given priority in processing and the planning filing fees waived. NEW BUSINESS The Clerk presented from the meeting of January 21, Prohibiting 1991, an ordinance prohibiting the performance of Exretory Functions excretory functions:in public. in Public The City Attorney referred -to his Report No. 90-33A of January 16, 1991, and the proposed ordinance which prohibits such personal functions on public property or on private property exposed to public view. 1 MOTION On motion by Vice Mayor Genis, seconded by Council Ordinance 91-3 Member Humphrey, Ordinance 91-3, AN ORDINANCE OF THE Given First CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading ADDING SECTION 11-4 TO CHAPTER I, TITLE 11 OF THE COSTA MESA MUNICIPAL CODE PROHIBITING THE PERFORMANCE OF EXCRETORY FUNCTIONS IN PUBLIC, 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 NEW BUSINESS The Clerk presented from the meeting of January 21, Revised Parking 1991, revised parking standards to modify required Standards/Garage garage door widths in multiple -family homes. Door Widths The Deputy City Manager/Development Services referenced staff's memorandum dated January 15, 1991, and the attached resolution, which recommends a reduction in garage door widths to 8 and 16 feet for single- and double -car garages, respectively, coinciding with an increase in back up or aisle width to 30 feet minimum. Council Member Humphrey suggested upgrading any City policy to promote on-site parking, thereby eliminating excess parking on public streets. MOTION On motion by Vice Mayor Genis, seconded by Council Resolution 91-9 Member Humphrey, Resolution 91-9, A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REVISING THE RESIDENTIAL PARKING STANDARDS FOR GARAGE DOOR WIDTHS, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey None None NEW BUSINESS The Clerk presented revisions to Council Policy 700-1 Revisions to regarding change orders on capital improvement projects. Council Policy 700-1, Change The Public Services Director gave a brief presentation Orders of the data contained in his memorandum dated January 29, 1991, specifically the proposed changes: Approval of all change orders is contingent upon funds being budgeted and available. Where funds are not available, a budget adjustment will first be approved by the City Council. No change order shall be processed without the written approval of the Department Head responsible for the project or his/her designee. Department Head approval is required for any change order up to $5,000.00, or one percent of original contract price, whichever is greater. Sum of change orders cannot exceed five percent. City Manager approval is required for any change order up to $50,000.00 or five percent of the original contract price, whichever is greater. The sum of all change orders shall not exceed ten percent of the original contract amount. City Council approval is required for any change order over $50,000.00 or five percent of the original contract price, whichever is greater. City Council approval shall be required for all change orders, regardless of the amount, when the sum of all change orders exceed ten percent of the original award bid. All requests submitted to the City Council for approval above ten percent of the original contract award shall include findings that the proposed addi- tions to the scope of work are necessary for the public need, or that rebidding is unlikely to result in a lower unit price. Requests for approval shall include: amount budgeted for the project, amount extended thus far,' and status of project and previ- ously approved change orders. The staff member responsible for overseeing the project, or his/her designee, shall be present at the Council meeting at which the request for change order approval is being considered. A request for approval of a change order will appear as a New Business item on the agenda. City Council approval shall be required when the scope of work for the project is materially changed. The same information will be required as in the previous paragraph. The City Council shall be kept informed of all change orders, regardless of size, through periodic status reports. These reports shall be presented informally, and need not be placed on the City Council agenda. At the completion of all contracts over $100,000.00 in final cost, the City Manager shall submit a final report to the City Council detailing the contract amount and all approved change orders. In the event that during the course of a construction contract an emergency exists in which there is immedi- ate danger to the health and/or safety of the public, the Public Services Director and City Manager are authorized to take immediate and appropriate action necessary to eliminate that danger, regardless of cost. If in this event, the change order exceeds the normal approval limits as specified in this Policy, staff will provide all back-up information to the City Council at the next available meeting. MOTION On motion by Council Member Humphrey, seconded by Revised Policy Council Member Buffa, Revised Council Policy 700-1 was 700-1 Approved approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: Glasgow ABSENT: COUNCIL MEMBERS: None NEW BUSINESS The Clerk presented an ordinance amending the Costa Mesa Purchasing Municipal Code regarding purchasing regulations. Regulations The Finance Director summarized her memorandum of Janu- ary 28, 1991, reporting that the ordinance increases the formal bid limit: items requiring Council approval are increased .from $5,000.00 to $25,000.00; the informal bid limit is increased from $1,000.00 to $5,000.00; and all items between $5,OOQ.00 and $25,000.00 would be competi- tively bid, that is, written bids would be required but would not be brought to Council for approval. She stated that the ordinance provides for the City Manager to reject bids; it removes gender language; provides for a bid protest procedure; and contains a provision for a posting period of staff's intent to award those bids between $5,000.100 and $25,000.00. The Finance 1 n C�O Director confirmed that copies of notices of intent to award a bid would be sent to Council. MOTION On motion by Council Member Buffa, seconded by Vice Ordinance 91-4 Mayor Genis, Ordinance 91-4, AN ORDINANCE OF THE CITY Given First COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING Reading ARTICLE 2, CHAPTER V, TITLE 2, OF THE COSTA MESA MUNICI- PAL CODE REGARDING PURCHASING REGULATIONS, 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 COUNCIL MEMBERS Council Member Buffa thanked everyone in Costa Mesa and COMMENTS elsewhere who attended the Pro-U.S.A. Rally held at South Coast Plaza, followed by comments at Shiffer Park Pro-U.S.A. Rally by Congressman Dornan, Colonel Barber, and former Navy Captain Dave Hoffman, who had been a prisoner of war in Vietnam. He reported that the rally was very well attended, there being between 500 and 1,000 people. Density Bonus for Vice Mayor Genis addressed the density bonus for the Hayashi Property Hayashi property on Bear Street, and requested that on Bear Street Council have the opportunity.'to-review the project because of its intensity. She was concerned about the parking proposed by the applicant. Mayor Hornbuckle directed,the Deputy City Manager/ Development Services to notify Council when this item is being reviewed so that it can be appealed through the Planning Commission and Council procedure if a Council Member so desired. Costa Mesa Civic Mayor Hornbuckle announced that the Costa Mesa Civic Association Meeting Association is planning a reorganization meeting on February 5, 1991, at 7:30 p.m., at the Neighborhood Community Center, 1845 Park Avenue. State Coastal Mayor Hornbuckle reported that a representative of the Conservancy State Coastal Conservancy, Reed Holderman, will be Presentation speaking at the Neighborhood Community Center on February 7, 1991, at 7:00 p.m., and will address plans for the Fairview Park and Talbert Park area along the Santa Ana River. Parking Standards Mayor Hornbuckle requested that Development Services for Apartments staff investigate the possibility of developing parking standards for apartment projects similar to those for condominiums. CITY MANAGER The City Manager referred to conversations he had with REPORT some of the Council Members concerning those employees Military Reserves' in the military reserve, specifically, the potential Salaries for a salary differentiation study. He stated that he could place this item on the Agenda for the next Council meeting. The Mayor replied that Council is interested in addressing this issue. ADJOURNMENT TO At 12:00 midnight, the Mayor adjourned the meeting to a CLOSED SESSION closed session in the first floor Conference Room pursu- ant to Government Code Section 54956.9(b)(1), to discuss the City Attorney's Reports on the Orange County Fair and Exposition Center, and Orange County Superior Court Case No. 42-07-28, Concerned Citizens of Costa Mesa vs. Ned West. CITY ATTORNEY REPORT The City Attorney presented his confidential report on CCCM vs. Ned West Orange County Superior Court Case No. 42-07-28, CCCM (Concerned Citizens of Costa Mesa) vs. Ned West. MOTION A motion was made and seconded to allocate $7,874.80 to Funds Approved CCCM to pay for costs of preparing the Court Clerk's transcript on appeal;. The motion carried by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Glasgow, Humphrey NOES: COUNCIL MEMBERS: Buffa ABSENT: COUNCIL MEMBERS: None Council Member Council Member Buffa left the closed session at Buffa Left 12:15 a.m. CITY ATTORNEY REPORT The City Attorney presented his confidential report OC Fair and Exposi- concerning the Orange County Fair and Exposition Center. tion Center On a vote of 4-0, Council Member Buffa absent, the report was received and filed. ADJOURNMENT The Mayor declared the meeting adjourned at 12:20 a.m. Mayor the City of Costa Mesa ATTEST:-, ty Clerk -of the City of Costa MLsa