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HomeMy WebLinkAbout07/01/1991 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JULY 1, 1991 The City Council of the City of Costa Mesa, California, met in regular session July 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 Conrad Nordquist, St. John the Divine Episcopal Church. ROLL CALL Council Members Present: Mayor Mary Hornbuckle Vice Mayor Sandra Genis Council Member Peter Buffa Council Member Jay Humphrey ANNOUNCEMENT Mayor Hornbuckle commented that some citizens had Appeal of PA -91-55 received erroneous information about the appeal of Plan- ning Action PA -91-55 being on this evening's Agenda. She stated that the appeal had just been filed today, and the public hearing.has been scheduled for the Council meeting of July 15, 1991. NEW BUSINESS Mayor Hornbuckle announced that a request has been Cultural Arts received for a two-week continuance of New Business Funding Item No. 3, recommendations from the Cultural Arts Committee on allocation of cultural arts funds. On MOTION motion by Vice Mayor Genis, seconded by Council Member Continued to Buffa, and carried 4-0, this item was continued to the July 15, 1991 meeting of July 15, 1991, with a request that Council be provided with full grant proposals, and evaluations of some of the other proposals for grant funding. 1 Council Members Absent: None Officials Present: 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 Redevelopment Project Manager Muriel Berman MINUTES On motion by Council Member Buffa, seconded by Council June 17, 1991 Member Humphrey, and carried 4-0, the minutes of the regular meeting of June 17, 1991, were approved as distributed; however, Mayor Hornbuckle added a clarifi- cation on Page 9, third paragraph, last sentence: "The City Manager said it was not the City's understanding that EDD (deleted "they") had withdrawn the proposal that they had agreed to in concept". ORDINANCES A motion was made by Council Member Humphrey, seconded by Council Member Buffa, and carried 4-0, to read all ordinances by title only. INTRODUCTIONS The City Manager introduced Jim Reed, recently appointed New Fire Chief as the City's new Fire Chief effective August 5, 1991. Mayor of Fresno Council Member Humphrey introduced his sister, Karen Humphrey, Mayor of the City of Fresno, and her husband, Ken Clark. ANNOUNCEMENT Mayor Hornbuckle commented that some citizens had Appeal of PA -91-55 received erroneous information about the appeal of Plan- ning Action PA -91-55 being on this evening's Agenda. She stated that the appeal had just been filed today, and the public hearing.has been scheduled for the Council meeting of July 15, 1991. NEW BUSINESS Mayor Hornbuckle announced that a request has been Cultural Arts received for a two-week continuance of New Business Funding Item No. 3, recommendations from the Cultural Arts Committee on allocation of cultural arts funds. On MOTION motion by Vice Mayor Genis, seconded by Council Member Continued to Buffa, and carried 4-0, this item was continued to the July 15, 1991 meeting of July 15, 1991, with a request that Council be provided with full grant proposals, and evaluations of some of the other proposals for grant funding. 1 ANNOUNCEMENT Mayor Hornbuckle announced that public comments on Old Vacant Council Seat Business No. 2, filling the vacant Council seat, will be accepted during Oral Communications rather than at the time the item is presented. ORAL COMMUNICATIONS Camille Courtney Politte, 2756 Lorenzo Avenue, Costa Mesa, asked if the City has been lobbying against Senate Off-track Betting Bill 945 which would allow off-track betting. The City Manager responded that the Council is opposed to this activity within the City and will be lobbying very heavily against this legislation while it is on the Assembly floor. Vacant Council Janice Davidson, 1982 Arnold Avenue, Costa Mesa, recom- Seat mended the appointment of either Ernie Feeney or Arlene Schafer to fill the unexpired tern of former Council Member Glasgow. Noise Complaint Jesse Miller, 1955 Wallace Avenue, Costa Mesa, requested assistance in abating the noise from the property at 1963 Wallace Avenue, a home for recovering alcoholics and drug abusers. At the Mayor's request, the City Manager offered to investigate the complaint and submit a report to Council and Mr. Miller. Costa Mesa Second Debra Marsteller, 163 Albert Place, Costa Mesa, repre- Annual Grand Prix senting the Vantage Foundation, Rea Community Center, spoke about the success of the Grand Prix and thanked the Council for their support. Larry Weichman, 1113 Baker Street, Costa Mesa, showed a four -minute video tape of the cycling event, and reported that $3,000.00 was raised for two charitable organizations, one of which is the Vantage Foundation. Soffer Comments Sid Soffer, 900 Arbor Street, Costa Mesa, suggested that Council appoint the person having the next highest votes at the previous election to fill the vacant Council seat, or hold a special election. Mr. Soffer asked if recent traffic modifications on East 19th Street had alleviated traffic problems in that area. Costa Mesa Civic Nancy Palme, 1997 Kornat Drive, Costa Mesa, announced Association that Norb Bartosik, General Manager of the Orange County Fairgrounds, will be guest speaker at the July 2 meeting of the Costa Mesa Civic Association, to be held at the West Side Police Substation, 567 West 18th Street. CONSENT CALENDAR The following items were removed from the Consent Calendar: Item 4, Contract award for Traffic Signal Modification at Harbor Boulevard and Sunflower Avenue; and Item 6, Resolution commending the City's Human Relations Committee. 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, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Council Member Buffa, seconded by Council Member Humphrey, and carried 4-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Patty Brown; Graciela Garcia; Janell Nicole Martin/Joanne M. Varga; and Lori, Kelly, and James Theemling. Alcoholic Alcoholic Beverage License applications for which Beverage parking was approved by the Planning staff: Friedel Licenses Adams and Rosemarie King, doing business as Globe Delicatessen, 1928 Harbor Boulevard; Deborah Lee Gale, doing business as Paddy's Tavern, 1548 Adams Avenue, Suite F; Smart and Final Stores Corporation, 707 West 19th Street; and'South Coast Plaza Restaurant, Incor- porated, doing business as C'est Me Vie, 3333 Bear Street, Space 119. WARRANTS On motion by Council Member Buffa, seconded by Council Member Humphrey, Warrant Resolution 1497, including MOTION Payroll 9113, was approved by the following roll call Warrant 1497 vote: Approved AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None REJECTED CLAIMS On motion by Council Member Buffa, seconded by Council Member Humphrey, and carried 4-0, the claims from Henry Gallegos and Bersabe Gallegos were rejected. ADMINISTRATIVE Bid Item 901, Paint the Police Department Helipad, was ACTIONS completed on April 17, 1991, to the satisfaction of the Public Services Director by Alex Venetantis Paint - Notice of Completion ing, 15302 Maryknoll Street, Westminister. On motion Bid Item 901 by Council Member Buffa, seconded by Council Member Alex Venetantis Humphrey, the work was accepted; the Clerk was author - Painting ized to file a Notice of Completion; authorization was given to release retention funds 35 days thereafter; Paint Police the Labor and Material Bond was ordered exonerated 7 Helipad months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. The motion carried by MOTION the following roll call vote: Work Accepted AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey` NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Salary Increases On motion by Council Member Buffa, seconded by Council for Part-time Member Humphrey, Resolution 91-55, A RESOLUTION OF THE Employees CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING RATES OF PAY FOR CLASSIFICATIONS AND MOTION EMPLOYEES PLACED OUTSIDE THE BASIC PAY SCHEDULE, was Resolution 91-55 adopted by the following roll call vote: Adopted AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Salary Increases On motion by Council Member Buffa, seconded by Council for Police and Member Humphrey, Resolution 91-56, A RESOLUTION OF THE Fire Personnel CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING RATES OF PAY FOR SWORN POLICE AND FIRE MOTION CLASSIFICATIONS AND EMPLOYEES PLACED UNDER THE BASIC Resolution 91-56 PAY SCHEDULE, was adopted by the following roll call Adopted vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Disposal of Surplus Staff recommended selling a surplus Police Department Police Department 1981 Hughes 300C Helicopter through United Auctions, 1981 Hughes 300C Incorporated, 2066 West Foothill Boulevard, Upland, with Helicopter the revenue received from the sale to be deposited in the General Fund. On motion by Council Member Buffa, MOTION seconded by Council Member Humphrey, and carried 4-0, Sale Authorized staff was authorized to proceed with the sale of the helicopter. Final Map for The Final Map was presented for Tract 14461, Briggs Tract 14461 Development Company, 23046 Avenida De La Carlota, Briggs Development Suite 316, Laguna Hills; 9 lots and Lot "A", 0.825 -acre, located at 2680 Orange Avenue. On motion by Council MOTION Member Buffa, seconded by Council Member Humphrey, and Map Approved carried 4-0, the map was approved pursuant to provisions of Section 66436(a)(3XA) of the Subdivision Map Act; the Council did accept on behalf of the City: (1) the ingress -egress easement for emergency and security vehicle purposes over Lot "A" as shown on the map; (2) the 3.00 -foot public utility easement for utility purposes as shown on the map; and the Clerk was authorized to sign on behalf of the City. Special Residential The Public Services Director recommended approval of Trash Pickup an agreement with Costa Mesa Disposal, Incorporated, 2051 Placentia Avenue, Costa Mesa, for a Citywide special residential trash pickup at an estimated cost MOTION of $36,000.00; and approval of bid exempt status as Approved Bid recommended by the Purchasing Agent. On motion by Exemption; Council Member Buffa, seconded by Council Member Approved Agreement Humphrey, the.bid exempt status was approved; the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Revised Agreement The Public Services Director recommended approval of with Orange County a revised agreement with the County of Orange for the Juvenile Court Work Program, which provides for litter Juvenile Court clean-up at various locations. The modified contract, Work Program effective July 1, 1991, increases the cost of a full crew of 10 from $275.00 to $325.00 per day. On motion MOTION by Council Member Buffa, seconded by Council Member Agreement Approved Humphrey, the agreement was approved, and the Mayor was authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with City The Public Services Director requested approval of an of Santa Ana agreement with the City of Santa Ana for rehabilitation of Sunflower Avenue between Bristol and Main Streets. Rehabilitation of The estimated construction cost is $67,000.00, with Sunflower Avenue a proportionate share due from the City of Santa Ana of $6,700.00 (10 percent). On motion by Council Member MOTION Buffa, seconded by Council Member Humphrey, the Agreement Approved agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with The Police Chief requested approval of an agreement with Tiburon Tiburon, Incorporated, 39350 Civic Center Drive, Suite 280, Fremont, for $14,520.00, to provide computer soft - Public Safety ware support to the Costa Mesa Public Safety Canputer Computer Software System from July 1, 1991, through June 30, 1992. On 4U4 motion by Council Member Buffa, seconded by Council MOTION Member Humphrey, the agreement was approved, and the Agreement Approved Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with BSI The Deputy City Manager/Development Services requested Consultants approval of an agreement with BSI Consultants, Incor- porated, 2001 East First Street, Santa Ana, to provide Building Plan building plan review services. On motion by Council Review Services Member Buffa, seconded by Council Member Humphrey, the agreement was approved, and the Mayor and Clerk MOTION were authorized to sign on behalf of the City. The Agreement Approved motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Traffic Signal - Item 4 on the Consent Calendar was presented: Traffic Harbor/Sunflower Signal Modifications - Harbor Boulevard at Sunflower Project No. 91-04 Avenue, Project No. 91-04. Bids are on file in the Clerk's office. Sid Soffer, 900 Arbor Street, Costa Mesa, felt that staff should explain the improvements proposed for the subject intersection. The Public Services Director reported that the signals at this location will be completely updated. (Details are contained in his Agenda Report dated June 24, 1991.) MOTION On motion by Council Member Humphrey, seconded by Awarded to Council Member Buffa, the contract was awarded to Baxter -Griffin Baxter -Griffin Company, Incorporated, 8210 Monroe Avenue, Stanton, for $54,820.00. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Human Relations Item 6 on the Consent Calendar was presented: A Committee Commended resolution commending the Human Relations Committee. Council Member Humphrey read the proposed resolution. MOTION On motion by Council Member Buffa, seconded by Vice Resolution 91-57 Mayor Genis, Resolution 91-57, A RESOLUTION OF THE CITY Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, COMMEND- ING THE COSTA MESA HUMAN RELATIONS COMMITTEE FOR PROMOTING CULTURAL AWARENESS THROUGH THE LIVING ROOM DIALOGUE PROGRAM, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place Appeal of ZA-91-06 set for the public hearing to consider the appeal of Harris the Planning Commission's denial of Zoning Action -ZA--91-06 from Jeffrey Harris, 439 Flower Street, Costa Mesa, for a Minor Conditional Use Permit for an accessory apartment over a new garage to be constructed behind the residence at 439 Flower Street in an R1 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. 1 P�l The following communications were received requesting that Council deny the Project: Mollie R. Widolf, 448 East 18th Street, Costa Mesa; and Bradford D. Dwan, 408 Broadway, Costa Mesa. The Deputy City Manager/Development Services reviewed staff's Agenda Report dated June 21, 1991, which explains that the subject project was ready for approval prior to the effective date of the new standards for accessory apartments, and Council permitted any pending application that could be approved by April 16, 1991, to proceed through the process. The Deputy City Manager reported that the Zoning Administrator approved ZA-91-06 but it was denied by the Planning Commission. Jeffrey Harris, owner of the subject property, provided Council Members with copies of a document containing background data. He summarized the information which he provided, and emphasized that the accessory apartment will not intrude on the privacy of the neighbors, more than ample parking will be provided; traffic will not be impacted by the improvement; and he has met all City and State Codes which were in effect at the time his project was submitted for approval by the Zoning Administrator. The following Costa Mesa residents spoke in opposition to the project: Jacqueline Gillis, 448 Magnolia Street; Marvin Pratt, 416 Flower Street; Howard Minder, 432 East 18th Street; Jerry Tucker, 466 Flower Street; Rick Favela, 418 Broadway; Lance and Barbara Jencks, 443 Flower Street; Clyde Stovall, 498 Flower Street; and Nancy Palme, 1997 Kornat Drive. The following persons spoke in favor of allowing the project to proceed: Jeff Robertson, 433 Flower Street, Costa Mesa; David Thompson, 744 Wingate Bay, Newport Beach; Telford Cottam, 2011 Paloma Drive, Costa Mesa; Tom Box, 332 Broadway, Costa Mesa; and Craig Hampton, 2405 La Mesa Court, Costa Mesa. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke about the difficulties involved in making a decision on this application. Scott Laidlaw, 439 Flower Street, Costa Mesa, archi- tect for the project, stated that the structure was designed to avoid any negative impacts on the neigh- borhood. David Delman, Attorney for Jeffrey Harris, commented on the fact that the project met all Code requirements in effect at the time it was presented to the City, and requested that Council uphold the Zoning Adminis- trator's approval. Laurie Jencks McKinley, 416 University Avenue, San Diego, representing the 400 Block Neighborhood Fund, gave a 30 -minute presentation on reasons for not allowing an accessory structure in the Rl zone. Ms. McKinley submitted a copy of a letter from Assemblyman Peter R. Chacon in which he states that it was not the intent of Assembly Bill 3529 to allow an accessory structure to be larger than the existing dwelling. Closing comments in support of the project were made by Jeffrey Harris, David Delman, and Scott Laidlaw. There being no other speakers, the Mayor closed the public hearing. MOTION ZA-91-06 Denied All four Council Members indicated their opposition to allowing the proposed accessory unit in this R1 neigh- borhood. A motion was made by Council Member Humphrey, seconded by Vice Mayor Genis, to uphold the Planning Commission's denial of ZA-91-06. In response to Mayor Hornbuckle's question regarding findings, the City Attorney stated that in order to uphold the Planning Commission's denial, Council must make a finding with reference to the existing General Plan, and find that the project would have an adverse impact on the public health, safety, and welfare. AMENDED MOTION Council Member Humphrey stated that adverse effects on Findings Added the welfare of the neighborhood would make the project inconsistent, and thereafter added the City Attorney's suggested findings in his motion. The amended motion was seconded by Vice Mayor Genis, and carried 4-0. RECESS The Mayor declared a recess at 8:45 p.m., and the meet- ing reconvened at 9:00 p.m. PUBLIC HEARING The Clerk announced that this was the time and place Appeal of PA -91-44/ set for the public hearing to consider an appeal of RA -91-06 the Planning Commission's denial of Planning Action Hampton/Rowan PA -91-44, Redevelopment Action RA -91-06, from Craig Hampton, 18102 Sky Park South, Suite A-1, Irvine, authorized agent for Edward Rowan, Post Office Box 10883, Costa Mesa, for a variance from side setback requirements (10 feet required; 5 feet proposed), in conjunction with construction of a three -unit residen- tial town house, with Redevelopment Agency review, located at 194 Flower Street in an R2 zone. Environ- mental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications were received. The Deputy City Manager/Development Services reviewed staff's Agenda Report dated June 26, 1991, stating that the Planning Commission and Redevelopment Agency denied the application because the open guest parking space intrudes into the 10 -foot setback. He explained that according to the existing Master Plan of Highways, Orange Avenue, which is presently 60 feet wide, is designated as an 84 -foot wide secondary arterial, and the Code requires that setbacks be calculated per the ultimate property line. Craig Hampton, 2405 La Mesa Court, Costa Mesa, reported that Transportation Services staff advised him that the widening of Orange Avenue would be abandoned as indi- cated by Council's straw vote during the General Plan Update hearings. In view of this information, Mr. Hampton stated that the guest parking space would be set back 17 feet after the new General Plan is adopted. Sid Soffer, 900 Arbor Street, Costa Mesa, suggested that if the Code is ,in error, it should be corrected. He also recommended that Council consider the "intent of the law". Edward and Elaine Rowan, 437 Ogle Circle, Costa Mesa, spoke in support of their request. Mr. Rowan commented that since the widening of Orange Avenue will be aban- doned with adoption of the new General Plan, he should be allowed to proceed with the project as designed. Tom Christiansen, 1892 Orange Avenue, Costa Mesa, felt the issue of the guest parking space was inconse- quential in comparison to having an attractive project which will enhance the neighborhood. There being no other speakers, the Mayor closed the public hearing. PA-91-44/RA-91-06 Discussion ensued on the type of wall permitted along Trailed Orange Avenue. In order to permit staff to find the appropriate Code section, the Mayor trailed this item until later in the meeting. After Public Hearings No. 3 and No. 4 were acted upon, Council again addressed this appeal. The Deputy City Manager reported that he had a discus- sion with Mr. Hampton and the City Attorney, and it was his opinion that the wall proposed by the applicant is best because it completely screens the parking space, and he felt a variance would be acceptable. The next issue discussed was the requirement for dedication of a corner cut-off at the Orange Avenue/Flower Street intersection. Responding to questions from Vice Mayor Genis, the Deputy City Manager stated that if a problem were to arise involving the corner cut-off, the round -up rule will be utilized to legalize the lot. He felt confident that the 5 percent criteria for the round -up rule could be met. MOTION A motion was made by Council Member Buffa, seconded by PA -91-44 Approved Mayor Hornbuckle, and carried 4-0, to approve Planning Action PA -91-44 subject to conditions contained in the Staff Report, and based on the following findings: (a) Strict application of the zoning ordinance would deprive the property owner of privileges enjoyed by owners of other property in the vicinity; (b) The project, as conditioned, is consistent with Article 22-1/2, Transportation Systems Management, of the Costa Mesa Municipal Code in that no intersection to which the project contributes measurable traffic shall operate at less than the Standard Level of Service as a result of project implementation; and (c) A special circumstance exists in that the guest parking space will be screened from view and the property has side setbacks on two streets. Council Member Buffa requested that staff investigate the possibility of codifying a requirement for screening of any parking spaces allowed in side setbacks. MOTION On motion by Council Member Buffa, seconded by Vice RA -91-06 Approved Mayor Genis, and carried 4-0, Redevelopment Action RA -91-06 was approved. PUBLIC HEARING The Clerk announced that this was the time and place Development Review set for the public hearing to consider an ordinance Process for Granny amending the Costa Mesa Municipal Code to clarify and Accessory that the development review process shall also apply Units to granny units and accessory apartments in all residential zones. Environmental Determination: Exempt. The Affidavit of Publication is on file in the Clerk's office. No communications were received. The Deputy City Manager/Development Services reported that the proposed ordinance will amend the Municipal Code to clarify that the Development Review process is the appropriate procedure for review of granny units and accessory apartments in all residential zones. AUS Sid Soffer, 900 Arbor Street, Costa Mesa, stated that he did not understand the ordinance. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Vice Mayor Genis, seconded by Council Ordinance 91-18 Member Buffa, Ordinance 91-18, AN ORDINANCE OF THE CITY Given First COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING Reading TITLE 13 OF THE COSTA MESA MUNICIPAL CODE CLARIFYING THAT THE DEVELOPMENT REVIEW PROCESS IS THE APPROPRIATE PROCESSING PROCEDURE FOR GRANNY UNITS AND ACCESSORY APARTMENTS IN ALL RESIDENTIAL ZONES, 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: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place Reallocation of set for the public hearing to consider reallocation of CDBG Funds 1990-91 Community Development Block Grant (CDBG) funds. The Affidavit of Publication is on file in the Clerk's office. No communications were received. The Redevelopment Project Manager briefly reviewed her Agenda Report dated June 24, 1991, which recommends reallocating 1990-91 CDBG funds, and implementing the 1991-92 Neighborhood Improvement Programs. Vivian Clecak, Executive Director of Human Options, Post Office Box 9445, South Laguna, explained that this nonprofit corporation provides shelter to physically abused women and their families. She reported that Human Options is requesting a grant of $400,000.00 to be used towards the purchase of a 16 -unit apartment complex on Avocado Street. Pat McFarland, 1697 Oahu Place, Costa Mesa, represent- ing Human.Options, gave a brief presentation on the services provided by the organization and thanked Council for its past support. Larry Haynes, 1610 Iowa Street, Costa Mesa, Executive Director of Mercy House, spoke about his request for $100,000.00 to renovate two Santa Ana homes which will be used as care facilities for homeless single mothers and their children. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, supported the City's donating funds to these two organizations. There being no other speakers, the Mayor closed the public hearing. While staff answered questions from Council regarding the Housing Rehabilitation Program, Sid Soffer, 900 Arbor Street, Costa Mesa, commented that he was aghast at the amount required for administrative costs. Mayor Hornbuckle responded that the audits by HUD (U.S. Department of Housing and Urban Development) are very strict and the City is operating within HUD guidelines. MOTION A motion was made by Council Member Buffa, seconded by CDBG Funds Council Member Humphrey, to take the following action: Reallocated Reallocate $263,527.00 of 1990-91 CDBG funds by granting $65,000.00 to the Neighborhood Improvement Program; $75,000.00 to Human Options; $13,000.00 to Mercy House; and the remainder of $110,527.00 to be set aside for SRO (Single Room Occupancy) land acquisition, with the intention of donating the same amount in 1992-93, if CDBG funds are available, to Human Options and for SRO land acquisition. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None OLD BUSINESS The Clerk presented Ordinance 91-17 for second reading Motor Vehicle and adoption. The ordinance pertains to expenditure of Registration Fees motor vehicle registration fees. Council Member Buffa opposed the requirements set forth in the ordinance as proposed by the Air Quality Manage- ment District (AQMD). MOTION On motion by Council Member Humphrey, seconded by Vice Ordinance 91-17 Mayor Genis, Ordinance 91-17, AN ORDINANCE OF THE CITY Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING CHAPTER XX TO ARTICLE 10 OF THE COSTA MESA MUNICIPAL CODE PERTAINING TO EXPENDITURE OF MOTOR VEHICLE REGISTRATION FEES PURSUANT TO THE CALIFORNIA CLEAN AIR ACT OF 1988, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Humphrey NOES: COUNCIL MEMBERS: Buffa ABSENT: COUNCIL MF14BERS: None RECESS The Mayor declared a recess at 10:30 p.m., and the meeting reconvened at 10:45 p.m. OLD BUSINESS The Clerk presented two resolutions on filling the Vacant Council vacancy on the City Council: one resolution provides Seat for the Council to appoint a new member; the second resolution provides for a special election. Mayor Hornbuckle called for a straw vote by having each Council Member nominate two persons for the seat, stipulating that only those nominations receiving a second would be considered at this time. Council Member Buffa nominated Frank Cole. It was seconded by Mayor Hornbuckle. Mayor Hornbuckle nominated Karen McGlinn, and it was seconded by Council Member Buffa. Vice Mayor Genis nominated Mark Korando. It was seconded by Council Member Humphrey. Council Member Humphrey nominated Transportation Commissioner Dave Stiller, and it was seconded by by Vice Mayor Genis. Council Member Buffa nominated Planning Commissioner Walter Davenport. There was no second. Mayor Hornbuckle nominated Planning Commissioner Joe Erickson, and it was seconded by Vice Mayor Genis. Vice Mayor Genis nominated Bob Bradley, and it was seconded by Council Member Humphrey. Council Member Humphrey nominated Dick Sherrick. It was seconded by Vice Mayor Genis. Vice Mayor Genis nominated Scott Williams. It was seconded by Council Member Humphrey. MOTION On motion by Council Member Buffa, seconded by Council Nominations Closed Member Humphrey, and carried 4-0, the nomination process was closed. Mayor Hornbuckle recommended that each Council Member rank the nominees in order of preference, 1 through 8; then read their selections aloud for the record. (By this method, those nominees receiving the lowest total points would indicate Council's preference.) Motion to Vote on A motion was made by Council Member Buffa to vote on Each Nominee Died each name and any ties shall be voted upon again. The motion died for lack of a second. As originally recommended by the Mayor, Council read their rankings for each nominee: Buffa Hornbuckle Genis Humphrey Total Cole 3 2 7 8 20 McGlinn 1 1 8 6 16 Korando 6 6 1 1 14 Stiller 4 4 2 2 12 Erickson 2 3 6 5 16 Bradley 7 5 3 3 18 Sherrick 5 7 4 4 20 Williams 8 8 5 7 28 Mayor Hornbuckle announced that McGlinn, Korando, Stiller, and Erickson received the lowest total points and suggested taking a straw vote. Motion to Vote on Council Member Buffa made a motion to simply vote for Each Nominee Died each nominee, and to take another vote on any persons receiving a tie vote. The motion died for lack of a second. Straw votes were taken on the four nominees: Yes No Straw Votes Failed to Carry McGlinn Hornbuckle Genis Buffa Humphrey Korando Genis Hornbuckle Humphrey Buffa Stiller Genis Hornbuckle Humphrey Buffa Erickson Hornbuckle Genis Buffa Humphrey Item Trailed Mayor Hornbuckle stated that this item would be trailed until after remaining Agenda items were completed. MOTION A motion was made by Council Member Humphrey, seconded Stipulated that Four by Vice Mayor Genis, and carried 4-0, confirming that Nominees will be McGlinn, Korando, Stiller, and Erickson are the only Considered nominees being considered for appointment. After completion of the remaining regular business items, and the City Attorney's request for closed session, discussion continued on the matter of appoint- ing ppointing a new Council Member. Motion to Appoint A motion was made by Council Member Buffa, seconded by McGlinn Failed to Mayor Hornbuckle, to appoint Karen McGlinn to fill the Carry unexpired term of Edward Glasgow. The motion failed to carry 2-2, Council Members Genis and Humphrey voting no. Motion to Appoint A motion was made by Council Member Buffa, seconded by Erickson Failed to Mayor Hornbuckle, to appoint Joseph Erickson. The Carry motion failed 2-2, Council Members Genis and Humphrey voting no. Motion to Appoint A motion was made by Vice Mayor Genis, seconded by Korando Failed to Council Member Humphrey, to appoint Mark Korando. The Carry motion failed to carry 2-2, Council Members Hornbuckle and Buffa voting no. Motion to Appoint A motion was made by Council Member Humphrey, seconded Stiller Failed to by Vice Mayor Genis, to appoint David Stiller. The Carry motion failed to carry 2-2, Council Members Hornbuckle and Buffa voting no. Motion to Continue A motion was made by Council Member Humphrey to continue to July 15, 1991, this item to July 15, 1991. The motion died for lack of Died a second. Motion to Call a A motion was made by Council Member Buffa to call for a Special Election special election on November 5, 1991. The motion died Died for lack of a second. MOTION A motion was made by Council Member Humphrey, seconded Continued to by Mayor Hornbuckle, to continue this item to July 15, July 15, 1991 1991. The motion carried 3-1, Council Member Buffa voting no. Mayor Hornbuckle suggested placing this item first on the Agenda for July 15. OLD BUSINESS The Clerk presented a report on installation of side - Sidewalks on East walks on East 19th Street from Newport Boulevard to 19th Street Irvine Avenue. Mayor Hornbuckle announced that the Public Services Director recommended deferring this item until the "Alternatives Study" for East 19th Street has been completed. David Wegener, 251 East 19th Street, Costa Mesa, recom- mended installation of a stop sign at Westminster Avenue. Jim Miller, 245 East 19th Street, Costa Mesa, agreed with Mr. Wegener's recommendation and referred to the Measure "C" funds earmarked for 19th Street sidewalks. Bob Hoffman, 360 East 19th Street, Costa Mesa, spoke about the need for sidewalks for safety purposes. MOTION On motion by Vice Mayor Genis, seconded by Council Continued until Member Humphrey, and carried 4-0, this item was Study is Completed continued until after completion of the 19th Street study. NEW BUSINESS The Clerk presented a request to appoint a new member to Child Care the Child Care Committee. The City Manager referred to Committee staff's Agenda Report dated June 27, 1991, which con- tains options for filling the vacancy on the committee. MOTION On motion by Vice Mayor Genis, seconded by Council Bradley Appointed Member Humphrey, and carried 4-0,.Alternate Member as Voting Member Patricia Bradley was selected as a voting member on the Child Care Committee. MOTION On motion by Vice Mayor Genis, seconded by Council Elliott Appointed Member Humphrey, and carried 4-0, Suzanne Elliott was Alternate Member appointed as an alternate member on the Child Care Committee. NEW BUSINESS A request to appoint a new member to the Senior Citi - Senior Citizens zens Committee was presented. Staff's Agenda Report Committee dated June 27, 1991, contains recommendations for filling the vacancy. MOTION On motion by Council Member Buffa, seconded by Vice Andreen Appointed Mayor Genis, and carried 4-0, Roy Andreen was appointed to the Senior Citizens Committee. NEW BUSINESS The Clerk presented a recommendation for the City to State 1991-92 apply for State of California Rental Rehabilitation Rental Rehabili- Funds for fiscal year 1991-92. tation Funds The City Manager summarized staff's Agenda Report dated June 24, 1991, which explains the rental rehabilitation program provided by the State. MOTION On motion by Council Member"Humphrey, seconded by Authorized Council Member Buffa, and carried 4-0, the City Manager Application for was authorized to apply for the State rental rehabili- Funds tation funds for fiscal year 1991-92. NEW BUSINESS The Clerk presented a request from the Public Services Fixed Guideway Director to approve attendance at the Central Orange Field Trip County Fixed Guideway Agency Field Trip by Council Member Buffa and two staff members. Staff's Agenda Report dated June 28, 1991, states that the Agency has arranged a trip to the world's largest, fully automated transit system, the Vancouver Skytrain. MOTION A motion was made by Council Member Humphrey, seconded Trip to Vancouver by Vice Mayor Genis, and carried 4-0, approving the Approved field trip to Vancouver for Council Member Buffa and two staff members, with the City Manager selecting the two staff members. CITY ATTORNEY The City Attorney requested a closed session pursuant to REPORTS Goverment Code Sections 54956.9(a) and 54956.9(b)(1) to discuss the following items: Green v. Amburgey, U.S. Request for Closed District Court Case No. CV 90 6169 -FW; Eleanore Humphrey Session: Green; v. City of Costa Mesa, Orange County Superior Court Case Humphrey; and No. 64701-99; and the claim from Orville Amburgey. Amburgey Vice Mayor Genis and Council Member Humphrey announced that they would abstain from voting on the Humphrey lawsuit. Orville Amburgey expressed opposition to the settlement proposed by Timothy Green. COUNCIL MEMBERS COMMENTS There were no comments from any of the Council Members. ADJOURNMENT TO At 12:05 a.m., the Mayor adjourned the meeting to a CLOSED SESSION closed session in the first floor Conference Room to discuss the three items announced by the City Attorney. Green v. Amburgey The first item considered in closed session was Green v. Amburgey, U.S. District Court Case No. CV 90 6169 -FW. MOTION By a vote of 4-0, Council rejected the settlement offer Offer Rejected made by Timothy Green. MOTION/Amburgey By a vote of 4-0, the claim from Orville Amburgey was Claim Rejected rejected. F� Council Member At 12:30 a.m., Council Member Humphrey left the closed Humphrey Left session. Eleanore Humphrey v. Vice Mayor Genis announced that she would abstain from City of Costa Mesa voting on the matter of Eleanore Humphrey v. City of Costa Mesa, Orange County Superior Court Case No. 64-01-99, but would remain in the meeting so that a quorum would be present. No action was taken on the settlement offer made by Eleanore Humphrey. MOTION By a vote of 2-0, Vice Mayor Genis abstaining, Council City Attorney Member Humphrey absent, the City Attorney was directed Directed to Obtain to obtain further information on Mrs. Humphrey's Additional Data injuries and the basis for the liability. MEETING RECONVENED Mayor Hornbuckle reconvened the regular meeting at 12:40 a.m., and announced the action that had taken place in closed session. The Mayor declared the meeting adjourned at 12:45 a.m. -&t!A4 C(�? Avjxt-" Mayor the City of Costa Mesa ATTEST: City Clerk of the City of Costa esa