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
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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
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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.
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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
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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.
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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
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