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HomeMy WebLinkAbout04/01/1991 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA APRIL 1, 1991 The City Council of the City of Costa Mesa, California, met in,regular session April 1, 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 Ken Dutro, Newport Mesa Christian Center. 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 City Clerk Eileen Phinney MINUTES On motion by Council Member Buffa, seconded by Vice March 5, 18, Mayor Genis, and carried 5-0, the minutes of the and 20, 1991 adjourned regular meeting of March 5, 1991, the regular meeting of March 18, 1991, and the special meeting of March 20, 1991, were approved as distributed. ORDINANCES PROCLAMATIONS "Week of the Young Child" "Child Abuse Prevention Month" A motion was made by Vice Mayor Genis, seconded by Council Member Humphrey, and carried 5-0, to read all ordinances by title only. Mayor Hornbuckle read a proclamation declaring April 7 through 13, 1991, as "Week of the Young Child". Mayor Hornbuckle read a proclamation declaring April, 1991, as "Child Abuse Prevention Month". "Earthquake Mayor Hornbuckle read a proclamation declaring April, Preparedness 1991, as "Earthquake Preparedness Month". The Mayor Month" presented the document to Jerry Verwolf, the City's Communications Operations Manager. FAREWELL STATEMENTS Retiring Costa Mesa Fire Chief John Petruzziello thanked from Fire Chief the City Council, the City Manager, Department and Petruzziello Division Heads, the staff of the Fire Department, the citizens, and the business community for their coopera- tion and assistance during his tenure as Fire Chief. Mayor Hornbuckle and Council Member Buffa commended Chief Petruzziello on his excellent management and accomplishments. ORAL COMMUNICATIONS Anne Hogan-Shereshevsky, 2152 Elden Avenue, Costa Mesa, announced that the Costa Mesa Civic Association will be Costa Mesa Civic conducting a meeting on Tuesday, April 2, 1991, at Association 7:00 p.m., at Paularino School, 1060 Paularino Avenue. She reported that discussion on the California water crisis would be addressed -by :representatives from the Metropolitan Water District, the Municipal Water District of Orange County, the Orange County Water 1 District, and Mesa Consolidated Water District. Ms. Hogan-Shereshevsky also mentioned that Council Member Buffa would be speaking on Transportation issues at the Association's meeting on May 7, 1991. Memorial Service Ray Galvan, 1815 Sherington Place, Newport Beach, for Captain thanked Council and City staff, especially Assistant Arthur Galvan to the City Manager Rick Pickering, for the memorial service held on March 23, 19.91, in honor of his brother, Captain Arthur Galvan, who lost his life during the Persian Gulf Crisis. Victoria Street Anthony Kubis, 861 Victoria Street, Costa Mesa, had a Widening complaint about the existing City Code which requires that he obtain a variance to build a two -car garage. At the request of the Mayor, the Deputy City Manager/ Development Services stated that he would investigate the matter and report back to Council. Mesa Consolidated Janet Ramage, 199 Brandywyne Terrace, Costa Mesa, asked Reservoir No. 2 the Council to clarify its position on the Mesa Consoli- Project dated Water District Reservoir No. 2 Project which is to be located at the Lindbergh School and Park site. The City Manager responded that the City submitted its comments and concerns to the District and the District addressed most of them. He mentioned that the City does not have approval authority for the project; however, the City does have jurisdiction over the routes which will be used to haul dirt from the subject site since City permits are required for such activities. Mayor Hornbuckle suggested that the homeowners meet with appropriate Water District representatives to express their concerns. Accessory Apart- Lance Jencks, 443 Flower Street, Costa Mesa, stated that ments and Granny he represents 94 property owners in Tract 1154, who are Flats requesting an immediate moratorium on Conditional Use Permits for two-story accessory apartments and granny flats. He referred to Zoning Action ZA-91-06, a request from Jeffery Harris for a Minor Conditional Use Permit to construct an accessory apartment over a new garage at 439 Flower Street. Mr. Jencks mentioned that when the property owners presented their petition at the March 18 Council meeting, there were no requests pending. He urged Council to adopt an urgency measure placing a moratorium on this type of construction in the R1 zone. Mayor Hornbuckle referenced a memorandum from Senior Planner Alice Angus dated March 28, 1991, which explains the City's appeal procedure and the method of applying it to the request from Mr. Harris.. During discussion on enacting a moratorium on accessory apartments, Mayor Hornbuckle stated that she preferred placing this issue on the Council Agenda for April 15, 1991, because she was hesitant to enact a moratorium when Council has not had the opportunity to carefully consider the areas to be addressed or the format of the required ordinance. The Mayor asked the Deputy City Manager/Development Services to place this item on the April 15 Agenda and to prepare a draft ordinance. Council Member Glasgow made a motion to consider an urgency ordinance enacting a 45 -day, Citywide moratorium on granny flats and accessory apartments. The motion was seconded by Council Member Humphrey; however, after further discussion, he withdrew his second and the motion died. r•. �S p YJ b6 Council Member Buffa was in favor of considering this matter at the next Council meeting. Vice Mayor Genis expressed her support for a Citywide moratorium and also recommended placing this item on the April 15 Agenda. Wendell Maberry, 442 Broadway, Costa Mesa, wanted the R1 zone preserved by prohibiting accessory units. Staff Directed to Mayor Hornbuckle asked the City Attorney to prepare a Prepare Moratorium moratorium ordinance, and provide a copy of the acces- Ordinance sory apartment ordinance for the next Council meeting. CONSENT CALENDAR The following items were removed from the Consent Calendar: Item 2, the Reading Folder; and Item 5, Set a public hearing to consider an ordinance establishing Transportation Demand Management (TDM) requirements. 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: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey None None WRITTEN On motion by Council Member Buffa, seconded by Council COMMUNICATIONS Member Humphrey, Resolution 91-23, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Records Destruction AUTHORIZING RECORDS DESTRUCTION FOR THE CITY CLERK'S for Clerk's Office OFFICE OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE NO. 75-60, was adopted by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Resolution 91-23 Buffa, Glasgow, Humphrey Adopted NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable Purpose was received from Greenpeace Action, 8599 Venice Greenpeace Action Boulevard, Unit "A", Los Angeles, by conducting door-to- door solicitation between April 2 and June 2, 1991. On MOTION motion by Council Member Buffa, seconded by Council Permit Approved Member Humphrey, and carried 5-0, the permit was approved with application of Municipal Code Section 9-234(j). Amateur Sports Notice of Intention to Appeal or Solicit for Charitable Training Purpose was received from Amateur Sports Training, 17270 Newhope Street, Unit 200, Fountain Valley, by conducting MOTION door-to-door solicitation between April 1 and December Permit Denied 31, 1991. .On motion by Council Member Buffa, seconded by Council Member Humphrey, and carried 5-0, the permit was denied because of a discrepancy in the financial statement. SET FOR PUBLIC HEARING On motion by Council Member Buffa, seconded by Council Member Humphrey, and carried 5-0, the following items MOTION/Hearings Set were set for public hearing on April 15, 1991, at for April 15, 1991 6:30 p.m., in the Council Chambers of City Hall: Household Hazardous Public review and comment on the Preliminary Draft Waste Element of the City of Costa Mesa Household Hazardous Waste Element. County Hazardous Amendments to the Orange County Hazardous Waste Waste Plan Management Plan. Environmental Determination: Final Environmental Impact Report (EIR) No. 490 certified on January 25, 1989. 1 WARRANTS On motion by Council Member Buffa, seconded by Council Member Humphrey, Warrant Resolution 1490, including MOTION Payroll 9106, was approved by the following roll call Warrant 1490 vote: Approved' AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None REJECTED CLAIMS On motion by Council Member Buffa, seconded by Council Member Humphrey, and carried 5-0, the following claims were rejected: Adams Rick Adams; Lillycrop Sylvia Lillycrop; Mauldin John Mauldin; State Farm/ State Farm Fire & Casualty Company/Linda Disciullo Disciullo; and Packer Steven Packer. ADMINISTRATIVE Bids received for Construction of the Metro Fire Station ACTIONS are on file in the Clerk's office. On motion by Council Member Buffa, seconded by Council Member Humphrey, Metro Fire Station the contract was awarded to The Edwards Group, 170 Newport Center Drive, Suite 255, Newport Beach, for MOTION $1,479,913.00. The motion carried by the following roll Awarded to The call vote: Edwards Group AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 1990-91 New Sidewalk Bids received for 1990-91 New Sidewalk Construction on on Wilson Street; Wilson Street (between Newport Boulevard and Orange Project 90-01 Avenue), Project No. 91-01, are on file in the Clerk's office. On motion by Council Member Buffa, seconded by MOTION Council Member Humphrey, the contract was awarded to Awarded to J & B J & B Kovac Engineering, 9272 Cloudhaven Drive, Kovac Engineering Huntington Beach, for $40,661.50. 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 Install Elevator Bids received for Installation of an Elevator at the at Golf Course Costa Mesa Golf Course Clubhouse are on file in the Clubhouse Clerk's office. On motion by Council Member Buffa, seconded by Council Member Humphrey, the contract was MOTION awarded to DTEC Construction, Incorporated, 17809 Awarded to DTEC South Figueroa Street, Gardena, for $87,000.00. The Construction motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Amendment to The City Manager recommended adoption of a resolution Executive Salary which would add the classification of Deputy City Resolution Attorney to the Executive Salary Schedule and delete the classification of Intergovernmental Relations Officer MOTION from said Schedule. On motion by Council Member Buffa, Resolution 91-24 seconded by Council Member Humphrey, Resolution 91-24, Adopted A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA c ti MESA, CALIFORNIA, AMENDING RESOLUTION NO. 90-35, ESTAB- LISHING THE RATE OF PAY FOR A NEW EXECUTIVE CLASSIFICA- TION AND DELETING ONE EXECUTIVE CLASSIFICATION, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with The Finance Director requested approval of an agreement Conrad and with Conrad and Associates, 1100 Main Street, Suite C, Associates Irvine, to provide internal auditing services for the fiscal year ending June 30, 1991, with an option for Auditing Services annual renewal for a minimum of three years. On motion by Council Member Buffa, seconded by Council Member MOTION Humphrey, the agreement was approved, and the Mayor and Agreement Clerk were authorized to sign on behalf of the City. Approved The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with The Purchasing Agent requested approval of an agreement Municipal Leasing with Municipal Leasing Associates, Incorporated, 16133 Associates Ventura Boulevard, Encino, for $78,100.00 per year, to provide financing for the Comprehensive Energy Conserva- Comprehensive tion Program. On motion by Council Member Buffa, Energy Conserva- seconded by Council Member Humphrey, the agreement was tion Program approved, and the City Manager was authorized to sign on behalf of the City. The motion carried by the MOTION following roll call vote: Agreement AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Approved Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER Item 2 on the Consent Calendar was presented: The Reading Folder. Club Mesa ABC Vice Mayor Genis referenced the Alcoholic Beverage Application License Application from Club Mesa, 843 West 19th Street, for which parking was approved by the Planning staff. The Vice Mayor commented that although this application is merely a transfer for an existing busi- ness with a liquor license, she wanted to make sure that staff monitored the proliferation of bars and liquor licenses on 19th Street, and requested that Council be made aware of any new liquor license applications. MOTION On motion by Vice Mayor Genis, seconded by Council Reading Folder Member Humphrey, and carried 5-0, the following Reading Received and Folder items were received and processed: Processed Claims received by the City Clerk: Lewis M. McNatt, Claims Sr.; Liliane Speidel; and Application for Dave to Present a Late Claim from Patrick Eric Olson, also known as Eric Olson. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Licenses Hiroshisa Matsunaga, doing business as Ooiso, 488 East 17th Street; and Richard L. Smith, doing business as Club Mesa, 843 West 19th Street. Water Resolution from the Metropolitan Water District of Conservation Southern California urging immediate adoption of State and local regulations to reduce water use. TDM Requirements Item 5 on the Consent Calendar was presented: Set a public hearing to consider an ordinance establishing Transportation Demand Management (TDM) requirements for specified new development projects. Vice Mayor Genis requested additional information from staff regarding some of the pending requirements of the Air Quality Management Plan (RCMP) because she felt some of these requirements may have significant ramifi- cations for land use in the City. She also mentioned that if the Chamber of Commerce has not been made aware of the TDM requirements, staff should obtain feedback from the Chamber prior to the public hearing on April 15, 1991, since this issue will affect the businesses in the City. The Deputy City Manager/Development Services assured Vice Mayor Genis that the Chamber of Commerce will be notified. MOTION On motion by Vice Mayor Genis, seconded by Council Hearing Set for Member Humphrey, and carried 5-0, the TDM ordinance was April 15, 1991 set for public hearing on April 15, 1991, at 6:30 p.m. PUBLIC HEARING The Clerk announced the public hearing, continued from Vacation at Newport the meeting of March 4, 1991, to consider the vacation Boulevard and Old of surplus right-of-way at the southeast corner of 17th Street Newport Boulevard and old 17th Street. The Public Services Director gave a brief history of the property proposed for abandonment, and explained that staff is recommending denial in order to include an additional City -owned parcel at the above location. He reported that in order to include the additional land, the subject vacation should be denied; thereafter, staff will provide a new legal description of the expanded boundary and proceed with the steps necessary to vacate the property. The Director reported that appraisal information for the additional parcel will be available at the public hearing, as well as alternatives on disposition of the property. There being no speakers, the Mayor closed the public hearing. MOTION Abandonment On motion by Council Member Buffa, seconded by Council Denied Humphrey, and carried 5-0, the abandonment was denied. PUBLIC HEARING The Clerk announced the public hearing, continued from Review of "Story" the meeting of March 18, 1991, to consider an ordinance and "Accessory amending Title 13 of the Costa Mesa Municipal Code Structure" pertaining to residential development to clarify defini- Procedures tions of "story" and "accessory structure"; to modify setback and review procedures for accessory structures; and to delete duplicate information. Environmental Determination: Exempt. The Deputy City Manager/Development Services reported that the proposed ordinance is substantially the same document Council reviewed at the March 18 meeting. He pointed out that a minor correction was needed in Section 3, Subparagraph 3: Add the word "feet" after "(75)". Vice Mayor Genis noticed that the word "feet" was also omitted in Section 4, Subparagraph (d), which should be inserted after "(10)". There being no speakers, the Mayor closed the public hearing. C I MOTION On motion by Council Member Buffa, seconded by Council Ordinance 91-8 Member Humphrey, Ordinance 91-8, AN ORDINANCE OF THE Given First CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE REGARDING STORY DEFINITION AND ACCESSORY STRUCTURE STANDARDS, AND REPEALING CHAPTER XI, including the aforementioned corrections, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: Glasgow ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place Weed Abatement set for the public hearing to consider a resolution instructing and authorizing the Fire Chief or his designee to proceed with removal of weeds and rubbish. No communications were received. The City Manager reported that staff has surveyed the community, identified lots where excessive weeds and overgrowth are present, and notified property owners that this public hearing is an opportunity for them to protest the weed abatement program. He stated that property owners will be given approximately 30 days in which to remove weeds; if it is not done, the City's contractor will perform the work and the cost of that service will be placed on the owners annual property tax bill. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Humphrey, seconded by Coun- Resolution 91-25 cil Member Buffa, Resolution 91-25, A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, INSTRUCTING AND AUTHORIZING THE FIRE CHIEF OR HIS DESIGNEE TO PROCEED WITH THE REMOVAL OF WEEDS AND RUBBISH, was adopted by the following roll call vote: AYES: COUNCIL MF14BERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None OLD BUSINESS The Clerk presented from the meeting of March 4, 1991, Legal, Noncon- a request for an ordinance requiring Conditional Use forming Uses Permits for legal, nonconforming uses. The City Attorney requested a two-week continuance because drafting of the ordinance has been more diffi- cult than anticipated and has not been finalized. MOTION On motion by Vice Mayor Genis, seconded by Council Continued to Member Buffa, and carried 5-0, this item was continued April 15, 1991 to the meeting of April 15, 1991. OLD BUSINESS The Clerk presented from the meeting of March 18, 1991, Child Care a request to appoint two voting members and three Committee alternate members to the Child Care Committee. MOTION On motion by Vice Mayor Genis, seconded by Council Members Member Humphrey, and carried 5-0, the following Appointed persons were appointed to the Committee: Diana Dessery Hensley and Steven M. Murow, voting members; and Patricia Bradley, Shirley Jean, and . Margaret Whalen Mellor, alternate members. Vice Mayor Genis explained that when the committee was formed in 1985, it consisted of nine members: two Council Members, one representative frcm the School District, two parents, two child care operators, and two employers. She stated that in 1987, Council apparently expanded the membership to eleven members, but was not specific about the makeup of the committee. MOTION/Declared In view of this information, Vice Mayor Genis made a Committee motion declaring these categories to be advisory only, Categories not mandatory. The motion was seconded by Council Advisory Only Member Humphrey, and carried 5-0. OLD BUSINESS The Clerk presented from the -meeting of March 18, 1991, Central Orange an agreement for the Central Orange County Fixed Guide - County Fixed way (Six -City Monorail) Joint Powers Authority (JPA); Guideway (Six- and a resolution which approves formation of an Author - City Monorail) ity as designated in the Joint Powers Agreement, and appoints one Director and two Alternate Directors to represent the City at all JPA meetings. The Public Services Director summarized his memorandum of March 26, 1991, which contains background data on the JPA, discusses the responsibilities of each member, and the costs to be borne by member agencies. (The Authority consists of the cities of Anaheim, Costa Mesa, Fullerton, Irvine, Orange, and Santa Ana; the Orange County Transit District; and the Orange County Trans- portation Commission.) In response to questions from Mayor Hornbuckle, the City Attorney stated that the resolution limits the City's financial commitment; and the agreement specifies that the City shall remain a member unless terminated by consent of the remainder of the Board, or by default. He advised Council that the only action required was to adopt the resolution and appoint directors. MOTION On motion by Council Member Buffa, seconded by Council Resolution 91-26 Member Humphrey, Resolution 91-26, A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPOINTING MEMBERS TO THE JOINT POWERS AUTHORITY AND LIMITING FUNDING TO THE AUTHORITY, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION On motion by Vice Mayor Genis, seconded by Council Directors Member Humphrey, and carried 5-0, the following Appointed appointments were made to the Board of Directors of the Joint Powers Authority: Council Member Buffa, Director; Mayor Hornbuckle, Alternate Director; and Public Services Director William Morris, Alternate Director. NEW BUSINESS The Clerk presented a request frau the Costa Mesa - Lions Club Parade, Newport Harbor Lions Club, Post Office Box 10628, Costa Fish Fry,,and Mesa, to hold its 46th Annual Parade, Fish Fry, and Carnival Carnival on May 31, June 1 and 2, 1991. The City Manager referred to staff's memorandum dated April 1, 1991, which explains the City's costs associ- ated with the project. Ron Hayward, President of the Costa Mesa -Newport Harbor Lions Club, 3085 Fernheath Lane, Costa Mesa,.provided information on the amount of money raised by this event, and the charitable organizations to which these funds are distributed. Mr. Hayward answered questions from the Mayor regarding complaints from residents at 1845 and 1945 Anaheim Avenue, regarding noise, crowded streets, bright lights, and trespassing during the three-day Fish Fry and Carnival. He indicated that he has been in contact with representatives of the complexes in order to resolve any problems. Jim Ferryman, coordinator of the parade, reported that he has been working with Police Lieutenant Al Kent, and a decision has been made to start the parade at 9:30 a.m., to shorten the parade by one block, and to begin the parade on College Avenue near Victoria Street rather than at the Harbor Shopping Center at Wilson Street. MOTION A motion was made by Council Member Buffa, seconded Request Approved by Vice Mayor Genis, and carried 5-0, to approve the parade, fish fry, and carnival based on two findings: that these events are a significant public benefit and warrant the City's support; and a great deal of money is raised for charitable organizations. NEW BUSINESS The Clerk presented a Notice of Intent to consider an Solid Waste exclusive solid waste franchise. Franchise The Deputy City Manager/Development Services summarized staff's memorandum dated March 28, 1991, which states that staff and the AB 939 Ad Hoc Advisory Committee have determined that it would be appropriate for the City to consider limiting the number of waste hauling franchises in order to ensure compliance with the City's waste reduction targets under the above-mentioned Assembly Bill. He explained that to preserve this option, a five-year Notice of Intent must be sent to current holders of solid waste hauling licenses in order to enact the exclusive franchise by the year 1996. Motion to Reject Vice Mayor Genis had major concerns with this option, Option Died especially because of its effect on the small solid waste hauling businesses. Vice Mayor Genis made a motion to reject this option by not circulating the Notice of Intent. The motion died for lack of a second. Council Member Buffa commented that this option is merely an alternative to be used in the event the City was not able to meet the requirements of AB 939. MOTION A motion was made by Council Member Buffa, seconded by Authorized City Mayor Hornbuckle, authorizing the City Manager to sign Manager to Sign the Notice of Intent to consider an exclusive solid Notice of Intent waste franchise. The motion carried 4-1, Vice Mayor Genis voting no. NEW BUSINESS The Clerk presented a request to appoint members to the Human Relations Human Relations Committee. Committee On motion by Mayor Hornbuckle, seconded by Council MOTION Member Humphrey, and carried 5-0, the following persons Members Appointed were appointed to the committee: Roy Alvarado, Kathy Bell, Karen McGlinn, and Mitchell Valbuena, voting members; and Kathleen M. Halpin, alternate member. NEW BUSINESS The Clerk presented a report from the City Manager Advisor Program concerning the City Council Advisor Program. 1 NEW BUSINESS The Clerk presented a request from Associated Students, Orange Coast Orange Coast College, 2701 Fairview Road, Costa Mesa, to College Annual close Merrimac and Monitor Ways on May 5, 1991, between 5K Run/Walk 7:00 a.m. and 9:00 a.m., for its Annual 5K Run/Walk. The City Manager referred to his memorandum of March 28, 1991, which indicates that money raised from this event will contribute to the support of the AIDS and Substance Abuse.Awareness Committees at the campus. MOTION On motion by Council Member Humphrey, seconded by Vice Request Approved Mayor Genis, and carried 5-0, the request was approved. CITY ATTORNEY The City Attorney presented a request from the Risk REPORT Manager to settle the Helen Louise Ramsland lawsuit, Orange County Superior Court Case No. 65-03-25, detailed Ramsland Lawsuit in a confidential memorandum to the Insurance Committee dated March 15, 1991. MOTION A motion was made by Vice Mayor Genis, seconded by Settlement Council Member Humphrey, authorizing settlement as Authorized recommended by staff. 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 CITY ATTORNEY The City Attorney presented Report No. 91-12, Election REPORT/Election of City Council by Districts, pursuant to a request from by Districts Council Member Glasgow at the meeting of March 18, 1991. The City Attorney summarized his report which details the process of converting an at -large election system to an election by or from a district system as set forth in Government Code Sections 34870 through 34884, inclusive. The City Manager referred to his memorandum of March 29, 1991,.which provides background data on the formation of the program, and proposed Council Policy 300-5 which is based upon Council's original action establishing the program. He mentioned that Jan Kausen, Sister City Program, and Karl Kemp, Resource Recovery, can no longer serve as advisors,.and stated that any new positions Council may establish can be included in the recruit- ment effort. During discussion, Council agreed that an advisor on Latino matters should be added. MOTION On motion by Council Member Buffa, seconded by Council Council Policy Member Humphrey, and carried 5-0, Council Policy 300-5, 300-5 Adopted City Council Advisor Program, was adopted. MOTION On motion by Council Member Buffa, seconded by Council Directed Staff to Member Humphrey, and carried 5-0, the following action Contact Current was taken: Staff was directed to contact current Advisors; Approved representatives in each of the areas reflected in the Latino Affairs City Manager's memorandum to determine their interest Advisor; Explore in continuing in their positions, and maintain those Asian Liaison representatives if they wish to continue; add a position of representative to the Latino community who shall be bilingual, and advertise for that position; eliminate the Motel/Hotel Liaison; and finally, in the case of an Asian Liaison, staff was directed to explore the number of Asians in the community, and the breakdown between Vietnamese, Cambodian, Korean, Japanese, etc., to deter- mine if it would dictate establishing a committee, or appointing one representative. NEW BUSINESS The Clerk presented a request from Associated Students, Orange Coast Orange Coast College, 2701 Fairview Road, Costa Mesa, to College Annual close Merrimac and Monitor Ways on May 5, 1991, between 5K Run/Walk 7:00 a.m. and 9:00 a.m., for its Annual 5K Run/Walk. The City Manager referred to his memorandum of March 28, 1991, which indicates that money raised from this event will contribute to the support of the AIDS and Substance Abuse.Awareness Committees at the campus. MOTION On motion by Council Member Humphrey, seconded by Vice Request Approved Mayor Genis, and carried 5-0, the request was approved. CITY ATTORNEY The City Attorney presented a request from the Risk REPORT Manager to settle the Helen Louise Ramsland lawsuit, Orange County Superior Court Case No. 65-03-25, detailed Ramsland Lawsuit in a confidential memorandum to the Insurance Committee dated March 15, 1991. MOTION A motion was made by Vice Mayor Genis, seconded by Settlement Council Member Humphrey, authorizing settlement as Authorized recommended by staff. 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 CITY ATTORNEY The City Attorney presented Report No. 91-12, Election REPORT/Election of City Council by Districts, pursuant to a request from by Districts Council Member Glasgow at the meeting of March 18, 1991. The City Attorney summarized his report which details the process of converting an at -large election system to an election by or from a district system as set forth in Government Code Sections 34870 through 34884, inclusive. .. iR. 3 7 A �4 Report Received Since this was an informational item only,'Council and Filed received and filed the report. CITY ATTORNEY The City Attorney requested a closed session pursuant REPORTS to Government Code Section 54956.9(a) to discuss Orange County Superior Court Case 63-93-04, Tim Green vs. Request for Orville Amburgey, et al; Closed Session/ Green Lawsuit Mayor Hornbuckle invited.Denis Retoske, Mr. Amburgey's attorney, to make comments on the lawsuit. Denis Retoske, 1850 Capri Circle, Costa Mesa, stated that he is the counsel of record for Orville Amburgey in this matter, and that he has filed an action in United States District Court which is Case 90-6169 FW. Mr. Retoske summarized the status of the lawsuit, and estimated that the case would take approximately six to eight months to litigate. Requests for The City Attorney requested a closed session pursuant Closed Session to Goverment Code Section 54956.9(a) to discuss the following lawsuits: McCoy Lawsuit Orange County Superior Court Case 60-23-09, David McCoy vs. City of Costa Mesa; and Walker Lawsuit Orange County Superior Court Case 58-71-97, City of Costa Mesa vs. Walker,.et al. Mayor Hornbuckle announced that closed session will be held following close of regular business to discuss the three lawsuits. CITY MANAGER The City Manager commended his office staff, especially REPORT Assistant to the City Manager Rick Pickering, for their exceptional work in organizing the memorial service for Staff Commended Captain Arthur Galvan. He thanked the Police, Fire, and Community Services departments for their assistance. During Council Members Comments, Council Member Buffa explained the detail which was required to coordinate this effort, and congratulated Mr. Pickering on the excellent manner in which he performed this task. COUNCIL MEMBERS Council Member Humphrey expressed his desire for Council COMMENTS to schedule at least one or two joint meetings or study sessions with the Transportation and Planning Commis - Joint Meetings with sions in order to discuss policies and direction, and to Commissions and receive input from the commissioners. He suggested Committees having at least one joint meeting with each of the other citizen committees. Neighborhood Council Member Humphrey recommended a study of neighbor - Traffic hood traffic in order to determine a method of control- ling excessive traffic in these areas. Substandard and Vice Mayor Genis requested staff to provide data on Overcrowded substandard and overcrowded housing units. She recom- Housing Units mended drafting an ordinance addressing these issues. Transportation Vice Mayor Genis requested that staff provide motions Commission Motions from the Transportation Commission meetings, similar to motions provided from Planning Commission meetings. OCTD Public Hearing Mayor Hornbuckle announced that a public hearing will be held by the Orange County Transit District (OCTD) in the City of Santa Ana Council Chambers, April 22, 1991, at 9:00 a.m., to discuss potential changes in bus fares. Civic Association Mayor Hornbuckle reminded the public that the Costa Mesa Meeting Civic Association will be holding a meeting at Paularino School on April 2, 1991, at.7:00 p.m. Staff Commended Mayor Hornbuckle commended the Public Services Director and staff on their conduct of meetings concerning the Route 55 Freeway extension. ADJOURNMENT TO At 8:45 p.m., the Mayor announced that after a five - CLOSED SESSION minute recess, Council will adjourn to a closed session in the Clerk's office to discuss the Green, McCoy, and Walker lawsuits. MEETING RECONVENED The meeting reconvened at 9:40 p.m., and the action taken in closed session was announced. Green Lawsuit Discussion was held regarding Orange County Superior Court Case 63-93-04, Tim Green vs. Orville Amburgey, et al. MOTION By a vote of 4-1, Council Member Glasgow voting no, Determined a Council found that the cross-claim by former Council Conflict Exists; Member Amburgey in the action in Federal Court is in Authorized Legal conflict with the City's position and interests in that Fees and Costs matter. By a vote of 4-1, Council Member Glasgow voting Subject to no, Council authorized the continued payment of legal Conditions fees and costs for Mr. Amburgey's special defense in that matter, subject to the following conditions: (1) Mr. Amburgey stipulates dismissing without prejudice his cross-claim; and (2) the total cost for Mr. Amburgey's special defense does not exceed $40,000.00. In addition, Council requested the City Attorney to acquire a stipulation from Mr. Amburgey that any attorney fees or costs he collects will be reimbursed to the City. McCoy Lawsuit After discussion of Orange County Superior Court Case 60-23-09, David McCoy vs. City of Costa Mesa, Council MOTION unanimously approved a settlement for ACLU attorney Settlement fees as detailed in the City Attorney's confidential Authorized memorandum dated March 19, 1991. Walker Lawsuit On a vote of 5-0, Council approved a settlement for purchase of the Walker property (Victoria Street MOTION widening) as outlined in the City Attorney's confiden- Settlement tial memorandum dated March 28, 1991, in connection Authorized with Orange County Superior Court Case 58-71-97. ADJOURNMENT The Mayor declared the meeting adjourned at 9:45 p.m. -A4ww cq011 At�" - Mayor o V the City of Costa Mesa ATTEST: City Clerk of the City of Costasa