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HomeMy WebLinkAbout03/18/1991 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA MARCH 18, 1991 The City Council of the City of Costa Mesa, California, met in regular session March 18, 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 Lothar Tornow, Christ Lutheran 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: None Officials Present: Deputy City Manager/Develop- ment Services Donald Lamm City Attorney Thomas Kathe Public Services Director William Morris City Clerk Eileen Phinney Senior Planner Alice Angus MINUTES On motion by Council Member Buffa, seconded by Council March 4, 1991 Member'Humphrey, and carried 5-0, the minutes of the regular meeting of March 4, 1991, were approved as distributed. 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. PROCLAMATION Mayor Hornbuckle read a proclamation declaring March 18, Estancia Eagle 1991, as "Estancia Eagle -Basketball Day" in recognition Basketball Day of the Eagles winning..the CIF Division III State title. The Mayor presented the document to the Estancia Coach, Tim O'Brien, and he introduced' the members of the team. The Mayor and Vice Mayor then presented sports water bottles to each team member. ORAL Richard M. Black, Attorney at Law, Post Office Box 710, COMMUNICATIONS Los Angeles, representing Esstek, Incorporated, located in Englewood, Colorado, spoke regarding an invoice, as Esstek Unpaid yet unpaid by the City, for services rendered by Esstek. Invoice The Mayor directed the Deputy City Manager to investi- gate Mr. Black's allegations and report back before the April 1, 1991, Council meeting. Fordham Drive Randy Holland, 2389 Fordham Drive, Costa Mesa, related Speeding Problem problems regarding motorists speeding on Fordham Drive between Fair Drive and Wilson Street. He suggested speed humps as a possible solution, and submitted a petition in support of speed humps to the City Clerk to be forwarded to the Transportation Commission for consideration. Granny Flats Lance Jencks, 443 Flower Street, Costa Mesa, spoke about two-story detached apartments, or granny flats, being built where one-story garages now stand, and summarized a petition, containing 153 signatures of residents, and I� backup material that was submitted earlier to the City Clerk in opposition to the granny units. He stated that the apartments would change the character and density of the existing R1 neighborhood and could create traffic and parking problems. The Senior Planner stated that staff is currently working on an ordinance to put limits on accessory units, and it is scheduled to go before the Planning Commission on April 8, 1991. Howard Minder, 432 East 18th Street, Costa Mesa, was in favor of granny flats being prohibited in an R1 zone. Estancia High Margaret Sady, 1850 Paros Circle, Costa Mesa, Library School Associate at Estancia High School, complimented the entire student body, staff, and faculty of Estancia High School, and specifically commended the basketball team on their recent championship. School System Funds Sid Soffer, 900 Arbor Street, Costa Mesa, commented on a shortage of funds for the school system. He reported Telephone Solicitors receiving numerous telephone calls soliciting money for charitable organizations, and he suggested the City maintain a telephone number after 5:00 p.m. to allow verification that the calling parties are legitimate. Canyon Park Kathy Lee, 973 Grove Place, Costa Mesa, spoke concerning Parking Lot the construction of a road and parking lot in Canyon Park, and stated she has forwarded a petition to Council opposing this construction. CONSENT CALENDAR The following item was removed from the Consent Calen- dar: Item 12, Change Order "D" to the Norris-Repke contract for design of street widening and rehabilita- tion of Bristol Street. On motion by Council Member Buffa, 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 WRITTEN On motion by Council Member Buffa, seconded by Council COMMUNICATIONS Member Humphrey, Resolution 91-18, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Records Destruction AUTHORIZING RECORDS DESTRUCTION FOR THE FINANCE DEPART - for Finance Depart- MENT OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE ment NO. 75-60, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, MOTION Buffa, Glasgow, Humphrey Resolution 91-18 NOES: COUNCIL MEMBERS: None Adopted ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Council Member Buffa, seconded by Council Member Humphrey, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Frances L. Carlson and Aloise West; Richard G. Carome; Dale Ann Kerr; John S. Maudlin; Anne Helen Moore; Steven Parker; Mary Sharp; State Farm Fire and Casualty Company/Linda Disciullo; and Craig Weber. Alcoholic Alcoholic Beverage License application was received Beverage License from Thrifty Oil Company, 751 Baker Street. The Planning staff recommended denial because a Condi- tional Use Permit is required. BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable Purpose was received from City of Hope Medical Center, City of Hope 17862 East 17th Street, Tustin, by soliciting funds for Medical Center a raffle from March 25, 1991, to June 5, 1991. On motion by Council Member Buffa, seconded by Council Mem- MOTION ber Humphrey, and carried 5-0, the permit was approved Permit Approved with application of Municipal Code Section 9-127(d). Community Thrift Stores MOTION Permit Approved SET FOR PUBLIC HEARING Rubbish and Weed Removal MOTION Resolution 91-19 Adopted; Hearing Set for April 1, 1991 Notice of Intention to Appeal or Solicit for Charitable Purpose was received from Community Thrift Services, 479 East Second Street, Pomona, by soliciting used items for sale in its thrift store until December 31, 1991. On motion by Council Member Buffa, seconded by Council Mem- ber Humphrey, and carried 5-0, the permit was approved with application of Municipal Code Section 9-127(d). On motion by Council Member Buffa, seconded by Council Member Humphrey, Resolution No. 91-19, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DETERMINING AND DECLARING THAT RUBBISH AND WEEDS ARE A PUBLIC NUISANCE; DIRECTING THE FIRE CHIEF OR HIS DESIGNEE TO REMOVE SAID RUBBISH AND DESTROY SAID WEEDS AS REQUIRED BY LAW; FIXING THE TIME FOR HEARING ALL OBJECTIONS OR PROTESTS; AND DIRECTING THE ABATEMENT OF SAID RUBBISH AND WEEDS, setting a public hearing on April 1, 1991, at 6:30 p.m., was adopted by the follow- ing roll call vote:, AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey None None lwuuR NTS On motion by Council Member Buffa, seconded by Council Member Humphrey, Warrant Resolution 1489, including Pay - MOTION roll 9105, was approved by the following roll call vote: Warrant 1489 AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Approved Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CLAIM/Phillips On motion by Council Member Buffa, seconded by Council Member Humphrey, and carried 5-0, authorization was MOTION/Settlement given to settle the claim from Helen Phillips as Authorized recommended by the Risk Manager. Bid Item 889-B Bids received for Bid Item 889, Revision B, Four Four Prefabricated Prefabricated Bus Shelters, are on file in the Clerk's Bus Shelters office. A motion was made by Council Member Buffa, seconded by Council Member Humphrey, to award the MOTION contract to Brasco, Incorporated, 13542 Helen Street, Awarded to Brasco. Detroit, Michigan, for $12,160.32. 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 Classification/ On motion by Council Member Buffa, seconded by Council Contract Adminis- Member Humphrey, Resolution 91-20, A RESOLUTION OF THE trator CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION AMENDING RESOLUTION NO. 90-66 AND ADOPTING A CLASSIFI- Resolution 91-20 CATION UNDER THE BASIC SALARY SCHEDULE, said classifi- Adopted cation being Contract Administrator. 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 Exchange Agreement/ On motion by Council Member.Buffa, seconded by Council Orange County Flood Member Humphrey, Resolution 91-21, A RESOLUTION OF THE Control District CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING THE SANTA ANA RIVER FRONTAGE AS SURPLUS MOTION PROPERTY AND DECLARING ITS INTENTION TO DISPOSE OF SAID Resolution 91-21 SURPLUS PROPERTY BY AN EXCHANGE AGREEMENT WITH THE Adopted; Authorized ORANGE COUNTY FLOOD CONTROL DISTRICT, was adopted, and Negotiation of a the City Manager was authorized to negotiate the Property on Property Exchange Agreement with the Orange County Flood Agreement- Control District. The motion carried by the following roll call vote: AYES: ODUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: OOUNCIL MEMBERS: None DBE Liaison Officer MOTION Resolution 91-22 Adopted Final Map for Tract 14378 Briggs Development MOTION Map Approved Budget Adjustments On motion by Council Member Buffa, seconded by Council Member Humphrey, Resolution 91-22, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DESIGNATING A DISADVANTAGED BUSINESS ENTERPRISES LIAISON OFFICER, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Final Map was presented for Tract 14378, Briggs Development Company, 23046 Avenida..De La Carlotta, Suite 315, Laguna Hills; one lot, 0.924 -acre, located at 2464 and 2468 Elden Avenue, for condominiums. On motion by Council Member Buffa, seconded by Council Member Humphrey, the map was approved; the Council did accept on behalf of the.City the ingress.and egress easement for emergency and security vehicle purposes over Lot "A"; did also approve said map pursuant to the provi- sions of Section 66436(a)(3)(A) of the Subdivision Map Act; and the Clerk was authorized to sign the map on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: ODUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey None None A motion was made by Council Member Buffa, seconded by Council Member Humphrey, to approve the following Budget Adjustments: Budget Adjustment 91-62 for $11,000.00, to fund salary and benefit costs for the remainder of fiscal year 1990-91 for one new Ballfield Maintenance Worker position approved by the City Council on January 7, 1991; and Budget Adjustment 91-63 for $8,300.00, to fund salary and benefit costs for the remainder of fiscal year 1990-91 for one new Office Specialist position appro- ved by the City Council on January 7, 1991. MOTION The motion carried by the following roll call vote: Adjustments AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Approved Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order "D" Item 12 on the Consent Calendar was presented: Change Norris-Repke Order "D" for $4,616.00, in connection with the contract with Norris-Repke, Incorporated, 2882 Walnut Avenue, awl Bristol Street Suite A, Tustin, for the design of the street widening Widening and and rehabilitation of Bristol Street from Baker Street Rehabilitation to Bear Street. Sid Soffer, 900 Arbor Street, Costa Mesa, suggested investigating signal synchronization prior to spending money on street widening. The Director of Public Services noted that a major part of this work will be the reconstruction of Bristol Street where the pavement is significantly deteriorated. MOTION On motion by Council Member Humphrey, seconded by Vice Change Order Mayor Genis, the change order was approved by the Approved 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 that this was the time and place set Story and Accessory for the public hearing for an ordinance amending Title Structure Definition 13 of the Costa Mesa Municipal Code pertaining to residential development to clarify the definition of "story" and the definition of "accessory structure"; to modify the setback and review procedures for accessory structures; and to delete duplicate information. Environmental Determination: Exempt. The Affidavit of Publication is on file in the Clerk's office. No communications were received. The Senior Planner summarized staff's memorandum of February 21, 1991, and presented a visual diagram. The City Attorney stated the ordinance was not ready for first reading, and he recommended first reading be rescheduled to the next Council meeting. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke on the "story".definition and the over -concern about second - story units overlooking private backyards. There being no other speakers, the Mayor closed the public hearing. Council Member Glasgow stated that the "story" defini- tion is unnecessary, and he suggested deleting it from the proposed ordinance. A discussion ensued regarding roof decks on a second -story building. MOTION A motion was made by Vice Mayor Genis, seconded by Mayor Continued to Hornbuckle, and carried 4-1, Council Member Glasgow April 1, 1991 voting no, to continue the public hearing to April 1, 1991, to give the ordinance first reading. NEW BUSINESS The Clerk presented proposed $3,000,000.00 liability 1991 Fish Fry and insurance coverage for the Costa Mesa -Newport Lions Club Carnival Liability 1991 Fish Fry and Carnival. Coverage The City Attorney reviewed the Risk Manager's memorandum of March 6, 1991, and recommended approval. MOTION A motion was made by Council Member Buffa, seconded by Coverage Accepted Council Member Glasgow, and carried 5-0, to accept the proposed $3,000,000.00 liability coverage. NEW BUSINESS The Clerk presented a proposed amendment to the Golf Golf Course Course Policy pertaining to tournament reservations. Tournament Reservations The Deputy City Manager reviewed the recommendation as stated in staff's memorandum of March 11, 1991. 1 L_ MOTION A motion was made by Council Member Humphrey, seconded Amendment Approved by Council Member Buffa, and carried 4-1, Council Member Glasgow voting no, to approve the proposed amendment to the Golf Course Policy on tournament reservations per staff's memorandum of March 11, 1991. Council Member Glasgow believed it was premature to amend.a Golf Course Policy that was initiated only a few months ago as there has not been enough time to test the new policy. NEW BUSINESS The Clerk presented appointment of new members to the Child Care Committee Child Care Committee. Vice Mayor Genis stated that the resolution establishing the Child Care Committee specified a breakdown of the members, some parents, daycare providers, and so forth, and she questioned if the current applicants and existing members conformed with this breakdown. The Mayor requested the Vice Mayor prepare a recommendation on the makeup of the committee. MOTION A motion was made by Vice Mayor Genis, seconded by Continued to Council Member Humphrey, and carried 5-0, to continue April 1, 1991 the appointments to April 1, 1991. NEW BUSINESS The Clerk presented Central Orange County Fixed Guideway Joint Powers (Six -City Monorail) Joint Powers Authority Agreement. Authority.Agreement The Director of Public Services reviewed the proposed transit project as explained in staff's report of March 8, 1991. He stated the agreement would commit the City to administrative costs of approximately $15,000.00 per year, which would include an executive director and any office overhead. He stated that a resolution will be prepared for the April 1, 1991, Council meeting regard- ing appointment of members. Vice Mayor Genis questioned there being 27 proposed stations, and only one for Costa Mesa, and the line would not extend into town center. She asked if there were a provision for withdrawal from the agreement, and the City Attorney stated withdrawal was covered under Paragraph V(B) and V(C), Page 16, of the Joint Powers Agreement. The Director of Public Services noted that there is a clause in the agreement which allows for an individual member to block -anything that would affect its jurisdiction. Council Member Buffa stated that the monorail would be a central system for Orange County, from southern Irvine to Fullerton, and he noted that the alignment at this time is preliminary. A discussion ensued regarding the administrative costs, in particular the salary for the Executive Director. The Mayor pointed out that the expense would be in Fiscal Year 1991-92, and the Public Services Department would budget for the $15,000.00. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that the main intent of the proposed monorail is to reduce existing traffic congestion, and.pointed out that other alternative systems did not alleviate this problem. Motion Made to A motion was made by Council Member Buffa, seconded by Approve Agreement Mayor Hornbuckle, to approve the proposed Joint Powers Authority Agreement for the Central Orange County Fixed Guideway, specifying that any Council approval as to expenditure of funds is strictly limited to $15,000.00 per annum for an Executive Director and administrative costs; and to authorize the Mayor and Clerk to sign on behalf of the City. The Vice Mayor questioned the potentially open-ended commitments of this agreement, and she requested a more specific definition as to what the potential financial obligation could be. Substitute Motion to A motion was made by Council Member Humphrey, seconded Approve Agreement by Vice Mayor Genis, to approve the Joint Powers Author - Withdrawn ity Agreement in concept on the basis that an acceptable budget is provided. Council Member Humphrey withdrew his motion. Council Member Buffa stated that it is a substantial process to come up with a budget for this project. He said that the Executive Director will be working with the Orange County Transit District planners and private consultants to prepare a budget. SUBSTITUTE MOTION A motion was made by Mayor Hornbuckle, seconded by Continued to Council Member Glasgow, and carried 5-0, to continue April 1, 1991 this item to April 1, 1991. NEW BUSINESS The Clerk presented density bonus request from Arnold Density Bonus Diaz, owner/applicant, and Dick Mather, designer, for Request/Diaz property at 681 Victoria Street. The Senior Planner summarized the memorandum prepared by staff dated March 11, 1991. Arnold Diaz, 6201 Foxshield Drive, Huntington Beach, stated the subject unit was originally a recreation room, and he gave a brief history of the upgrade. Dick Mather, 1613 North Linwood Avenue, Santa Ana, stated he would like to keep the 7th unit and legalize the parking by building the required covered parking stalls in back of the units. The Senior Planner stated that prior to the time when the applications were brought to the City Council, density bonuses that exceeded the General Plan had been approved. She reviewed the current density bonus request, and she also stated Mr. Diaz had building per- mits for the addition of a recreation room but not for a living unit. MOTION A motion was made by Council Member Humphrey, seconded Application Denied by Council Member Glasgow, and carried 3-2, Council Members Hornbuckle and Buffa voting no, to deny the application, and to reconvert the unit within 90 days. RECESS The Mayor declared a recess at 8:50 p.m., and the meet- ing reconvened at 9:00 p.m. NEW BUSINESS The Clerk presented Council Policy No. 500-4 regarding Public Hearing mailing of public hearing notices to tenants. Notices/Council Policy 500-4 The Deputy City Manager summarized staff's memorandum of March 13, 1991. He responded to a question from Council Member Humphrey that all property owners within 300 feet would receive notices of a public hearing, and all tenants on those properties would also receive notices; and in regards to a mobile home park, all 1 tenants, renters and mobile home owners within a park, as well as the park owner, would be notified. Michael Szkardek, 1555 Mesa Verde Drive East, Costa Mesa, spoke in support of the change in the Council Policy. He suggested using voter's lists to ascertain the names of tenants. MOTION A motion was made by Vice Mayor Genis, seconded by Policy Approved Council Member Buffa, and carried 5-0, to adopt Council Policy 500-4. NEW BUSINESS The Clerk presented a request from the Costa Mesa Canyon Park Sanitary District for a Change Order to the existing Sewer Line par improvement contract, to construct a sewer line through Canyon Park, with full reimbursement frcm the District. The Director of Public Services reviewed staff's memorandum of March 6, 1991. He stated that the ease- ment would allow the sewer line to be maintained via manholes in the park that would be used for access. MOTION A motion was made by Vice Mayor Genis, seconded by Sewer Line Approved; Council Member Humphrey, and carried 5-0, to approve the Easement Deed request from the Costa Mesa Sanitary District as stated, Authorized to authorize construction of the sewer line, and to authorize the Mayor and Clerk to sign the easement deed on behalf of the City. COUNCIL MEMBER Council Member Glasgow reported that at the National COMMENTS League of Cities Congressional Cities Conference, held in Washington, D.C. the previous week and attended by National League Council members, a seminar regarding diversity pointed of Cities out that the democratic process is one of the best ways to handle it. He requested that staff investigate the possibility of changing the election process to elect by district in Costa Mesa instead of electing at large. Captain Arthur Council Member Buffa noted the Memorial Service for Galvan Memorial former Costa Mesa resident Captain Arthur Galvan, United Service States Air Force, a casualty of the Persian Gulf Crisis, will be held Saturday, March 23, 1991, at Fairview Park, from 11:00 a.m. to 12:00 p.m. He offered congratula- Senior Citizens tions to the Estancia Eagles, and to the Senior Citizens Fundraiser Corporation for a successful fundraiser in support of the Senior Center. Orange Coast College Vice Mayor Genis congratulated the Orange Coast College Speech Team speech team which won State honors. She requested an investigation in conjunction with the General Plan Traffic Noise Walls Review into the feasibility of constructing noise walls in direct relation to traffic increases. She also Access to City commented on a telephone system which would allow Information access to certain basic City information. O.C. Model Engineers Mayor Hornbuckle congratulated the Orange County Model Engineers for successfully completing the loop at Fair - Fairview Park view Park, and she mentioned the Golden Spike ceremony Clean-up Day recognizing that accomplishment. She stated that the Fairview Park Committee is planning a clean-up day at the park on April 27, 1991, and everyone is invited to participate. She noted that a special meeting is being Special Meeting held on Wednesday, March 20, 1991, for the purpose of selecting Parks, Recreation Facilities and Parkways Commissioners. � . f ADJOURNMENT The Mayor declared the meeting adjourned at 9:15 p.m. Mayor o the City of Costa Mesa ATTEST: C ty _Clerk .of: the City of Costa M 1