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HomeMy WebLinkAbout08/05/1991 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA AUGUST 5, 1991 The City Council of the City of Costa Mesa, California, met in regular session August 5, 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 Ms. Margaret Johnson, First Church of Christ Scientist. ROLL CALL Council Members Present: Mayor Mary Hornbuckle Vice Mayor Sandra Genis Council Member Peter Buffa Council Member Jay Humphrey Council Member Joe Erickson 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 Assistant to the City Manager Rick Pickering Senior Planner Alice Angus Assistant Engineer Dennis Johnson MINUTES On motion by Council Member Buffa, seconded by Council July 15, 1991 Member Erickson, and carried 5-0, the minutes of the regular meeting of July 15, 1991, were approved as distributed. ORDINANCES A motion was made by Council Member Buffa, seconded by Council Member Erickson, and carried 5-0, to read all ordinances by title only. COMMENDATIONS Mayor Hornbuckle presented Certificates of Commendation Brian Williams and to Costa Mesa residents, Brian Keith Williams and Richard Ruffini Richard Ruffini, for their heroism in rescuing residents from the burning senior board and care home located in the 200 block of Santo Tomas Street on July 7, 1991, at 3:43 a.m. ORAL Ernie Feeney, 1154 Dorset Lane, Costa Mesa, introduced COMMUNICATIONS Trayce Schulein, and explained that Ms. Schulein is handicapped and has been evicted from her apartment at Eviction from 275 East 18th Street, Unit 34. Ms. Schulein explained 275 East 18th that because of the poor condition of the apartment, she Street withheld -rent payments, and now has been evicted. She reported that City personnel refused to provide her with a copy of the Code violation report, and staff testified against her during the unlawful detainer court case. The City Manager commented that the Development Services staff investigated the allegations and could find noth- ing in the building inspection records which support the comments by Ms. Schulein. He mentioned that the City has no jurisdiction in civil matters, and that the Fair Housing Council is the agency which assists in tenant - landlord disputes. The City Attorney reported that the City only has jurisdiction on the issue of Code viola- tions. Mayor Hornbuckle directed the City Manager to prepare a report for Council on this matter, including the rights of residents to view the City's inspection reports for the units in which they reside; and the measure of staff's.involvement in this particular court case. Mrs. Feeney asked about the City's procedure in ensuring that Code violations have been corrected. The Mayor directed the City Manager to include a response to that question in his report. The City Manager stated that he would contact the Fair Housing Council to ask for any assistance it can provide. East 19th Street Leigh Hoffman, 471 East 19th Street, Costa Mesa, asked Traffic that the City remove the rumble strips on East 19th Street because they do not slow traffic and the noise they create is very disturbing. Ms. Hoffman asserted that downgrading East 19th Street on the Master Plan of Highways is the only way to reduce traffic on that street. She submitted letters from Jeffrey McConville, 466 East 19th Street, and Robert D. Hoffman, 360 East 19th Street, requesting that the City remove the rumble strips on East 19th Street. Richard Pearlman, 437 East 19th Street, Costa Mesa, wanted the Botts Dots removed from the street because of the noise they create. He also mentioned his objec- tion to Environmental Impact Report No. 1044 relating to the future development of East 19th Street. Mayor Hornbuckle suggested that Mr. Pearlman submit his comments to the City before the end of the month. Council Member Humphrey requested that staff prepare a report on the installation of rumble strips on East 19th Street and to schedule this item for the earliest possible Council Agenda. At the suggestion of the City Manager, Mayor Hornbuckle directed staff to discontinue further installation of rumble strips. Lisa Zimmermann, 470 East 19th Street, Costa Mesa, spoke in opposition to having rumble strips on her street, and recommended that traffic be diverted to surrounding streets. Mayor Hornbuckle advised Ms. Zimmermann that East 19th traffic modifications would be scheduled for a future Council Agenda. Andrew Smith, 441 East 19th Street, Costa Mesa, also opposed having rumble strips on East 19th Street because of the noise factor. Water Rates; Bert Ohlig, 487 Esther Street, Costa Mesa, expressed his Reservoir No. 2 concern about the rising cost of water in this City, and stated that compared to water rates in surrounding cities, Costa Mesa rates are significantly higher. Mr. Ohlig also spoke against construction of Mesa Consoli- dated Water District Reservoir No. 2, claiming that this is an unnecessary project. Mr. Ohlig submitted a report which contains detailed data on the two issues. Mayor Hornbuckle directed the City Manager to prepare a report on the information presented by Mr. Ohlig. The City Manager suggested having the Water District respond to these issues. Fire Hydrant Loca- Tony Kubis, 861 Victoria Street,.Costa Mesa, spoke about tion and Variance the impacts of a fire hydrant being relocated three feet at 861 Victoria from his property line and three feet from curb face, as Street well as a light post being proposed on the other side of the driveway. He claimed that according to City staff, the hydrant should be set back four feet. Mr. Kubis pointed out that the location of the hydrant presents a pointed dangerous situation for pedestrians. He reported that he has applied for a variance to build a two -car garage and to .widen the driveway; however, the Transportation Division will not discuss widening the driveway until after the variance is approved and plans are submitted. Mayor Hornbuckle directed the Public Services Director to submit a report on the location of the fire hydrant. She also directed the Deputy City Manager/Development . Services to provide a brief report on how to handle the driveway widening in an efficient manner. Advertisements Jim Charlesworth, 1578 Elm Street, Costa Mesa, objected and Coupons to the advertisements and coupons delivered to his home. Banning Channel Franklin Cole, 2482 Fairview Way, Costa Mesa, gave a Project report regarding the impacts of the Banning Channel project on Sandpiper Drive and Europa Drive properties. Mr. Cole provided transparencies of the project and photographs showing some property damage which has occurred. Council Member Humphrey suggested that staff videotape the work that is in progress in order to determine the impacts on surrounding homes. Draft Local Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, referred Coastal Program to the "Draft Local Coastal Program, Land Use Plan, July, 1991, North Coast Planning Unit, Santa Ana River Mouth" which was circulated by the Orange County Environmental Management Agency. He expressed concern about the proposed Newport Oil project's impacts on 19th Street traffic. Mr. Pizarek reported that home- owners on the west side and east side are opposed to the 19th Street bridge, and requested that Council inform the Coastal Commission of its opposition to a Bluff Road/19th Street connection. The City Manager reported that the Draft Local Coastal Program will be submitted to the Planning Commission and Council for formal comments, and that homeowner associations will be noti- fied of the dates for those hearings. Vice Mayor Genis requested that when staff evaluates the program, they consider the fact that this is one of the few places where the City of Costa Mesa's boundaries extend across the Santa Ana River, and to explore the possibility of stubbing out 19th Street before it intersects with Bluff Road, so if that connection were made, traffic would not be coming through Costa Mesa. Costa Mesa Civic Anne Hogan Shereshevsky, 2152 Elden Avenue, Costa Mesa, Association announced the regular monthly meeting of the Costa Mesa Civic Association on Tuesday, August 6, 1991, at 7:00 p.m., at the Police Substation, 567 West 18th Street, Costa Mesa. She reported that the guest speaker will be Jerry Klein, General Partner, Triangle Square Associates. Traffic Signal Sid Soffer, 900 Arbor Street, Costa Mesa, commented on Synchronization the traffic signal synchronization being changed, and the fact that the study has not been completed. The City Manager reported that the traffic signal study has been scheduled for the next Council Study Session. Police Commended Jeannine Marold, 306 Princeton Drive, Costa Mesa, commended the Police Department on its traffic manage- ment during the Orange County Fair. Ballet Folklorico William Holiday, 580 West Hamilton Street, Costa Mesa, of Mexico volunteer with.the Living Room Dialogue Program, submitted data on the Children's Cultural Education. Fund of the Ballet Folklorico of Mexico, a nonprofit 48 CONSENT CALENDAR charitable organization which raises funds to underwrite performances of the ballet for school -aged children and to create educational materials for classroom study of Mexico's culture and history. Mr. Holiday reported that the ballet group has two days open in September and would perform in Costa Mesa if funds could be raised. He suggested that merchants and businessmen of the community raise funds for the performance, with matching funds donated by the City. Mayor Hornbuckle suggested that Mr. Holiday submit all data to the City Manager so the request could be placed on the next Council Agenda. The following item was removed from the Consent Calen- dar: Item 16, Change Order No. 4 to the contract with Clayton Engineering, Incorporated, for Canyon Park Improvements. On motion by Council Member Buffa, seconded by Council Member Erickson, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None READING FOLDER On motion by Council Member Buffa, seconded by Council Member- Erickson, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by -the City Clerk: Jerry Armstrong; Richard B1ake;.Thcm Bruno; Eric M. Ebell; Richard G. Hall; John Merzweiler; Alan Holm; and Eu Dine Sheldon Smith.. Alcoholic Alcoholic Beverage Licenses for which parking has been Beverage approved by the Planning staff: Homes by Ayres, doing Licenses business as Le Chateau, 325 South Bristol Street; Lucky Stores, Incorporated, doing business as Lucky Store No. 604, 2180 Harbor Boulevard; Ogden Allied Leisure Services, Incorporated, doing business as Pacific Nederlander Amphitheatre, 100 Fair Drive; and The Southland Corporation, doing business as 7 -Eleven Store No. 2172-27007, 2244 Fairview Road, Suite A-1. Public Notice from the California Public Utilities Commission Utilities that Southern California Edison Company has filed the Commission following applications: Application 91-07-004, to determine the cost- effectiveness of continued operation of the San Onofre Nuclear Generating Station Unit No. 1, and authority to increase certain authorized level of base rate revenue. Application 91-07-005, to determine the reasonable- ness of Edison's Hazardous Waste Management Program expenses, authority to transfer these program expenses, and authority -to increase the electric revenue adjustment billing factor. Reduced Water A resolution from the City of Huntington Park opposing Consumption Charges water company surcharges for reduced water consumption. SET FOR PUBLIC A motion was made by Council Member Buffa, seconded by HEARING Council Member Erickson, to adopt Resolution 91-64, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Vacation of Property MESA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE on Broadway VACATION OF 11.7 FEET OF PROPERTY AT 161 BROADWAY, setting the -public hearing for September 3, 1991, at MOTION 6:30 p.m., in the Council Chambers of City Hall. The Resolution 91-64 motion carried by the following roll call vote: Adopted; Hearing Set AYES: Hornbuckle, Genis, Buffa, for September 3, 1991 Humphrey, Erickson NOES: None ABSENT: None WARRANTS On motion by Council Member Buffa, seconded by Council Member Erickson, Warrant Resolution 1499, including MOTION Payrolls 9114 and 9115, was approved by the following Warrant 1499 roll call vote: Approved AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None REJECTED CLAIMS On motion by Council Member Buffa, seconded by Council Member Erickson, and carried 5-0, the following claims were rejected: Zych/O'Neil Jeff Zych and O'Neil Family; Gevorkian Spencer Fireman's Fund/ Richards Bates ADMINISTRATIVE ACTIONS Four Bus Shelters, Project 91-06 MOTION Awarded to Pacific Traffic Systems Judy Gevorkian; Paul James Spencer; Fireman's Fund Insurance Companies/J. Edwin Richards; and John Bates. Bids received for Four Prefabricated and Lighted Bus Shelters, Project No. 91-06, are on file in the Clerk's office. On motion by Council Member Buffa, seconded by Council Member Erickson, the contract was awarded to Pacific Traffic Systems, Incorporated, 1840 South Santa Fe Street, Suite "A", Santa Ana, for $12,843.18. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Edison Company The Community Services Director recommended that the Easement at Canyon City approve an easement containing two strips of land, Park 6 feet and 16 feet, to Southern California -Edison Company, to provide electrical power to Canyon Park. MOTION On motion by Council Member Buffa, seconded by Council Easement Granted Member Erickson, the easement was granted, and the Mayor and Clerk were authorized to sign on behalf of _.the City. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Application for On motion by Council Member Buffa, seconded by Council State Funds for Member Erickson, Resolution 91-65, A RESOLUTION OF THE Fairview Park CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE MOTION CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION Resolution 91-65 PROGRAM ACT OF 1988, FOR ARCHAEOLOGICAL INVESTIGATION, Adopted SITE PRESERVATION, AND RELATED IMPROVEMENTS AT FAIRVIEW PARK, A 210 -ACRE PARK FACILITY LOCATED WITHIN THE BOUNDARIES OF COSTA MESA, was adopted by the following roll call vote: 483 Agreement with Baker -Fairview Associates; Easement Deed 3193 Acquisition of Right -of -Way on Fairview Road MOTION Approved Agreement; Authorized Acceptance of Deed Budget Adjustment No. 92-01 for I-405 Off -ramp MOTION Adjustment Approved AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None The Public Services Director recommended approval of an agreement with Baker -Fairview Associates, 3090 Pullman Street, Costa Mesa, for acquisition of right-of-way on the east side of Fairview Road between Baker Street and the Orange County Flood Control Channel, Parcel 3A, at a cost of $70,925.00; and Easement Deed No. 3193 in connection with the acquisition. On motion by Council Member Buffa, seconded by Council Member Erickson, the agreement was approved, and•the Mayor and Clerk were authorized to sign on behalf of the City; and the Clerk was authorized to accept the easement deed on behalf of the City. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None On motion by Council Member Buffa, seconded by Council Member Erickson, Budget Adjustment No. 92-01 for $35,000.00, to provide an appropriation for plans and specifications for the I-405 northbound off -ramp terminus at Fairview Road, was approved by the follow- ing roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Notice of Completion Bid Item 891, Revision "A", Remove and Replace Emergency Duthie Electric Power Generators, was completed to the satisfaction of the Public Services Director on May 7, 1991, by Duthie Bid Item 891,- Electric Service Corporation, 2311 -East Anaheim Street, Revision "A', Wilmington, California. On motion by Council Member Power Generators Buffa, seconded by Council Member Erickson, and carried 5-0, the work was accepted; the Clerk was authorized to MOTION file a Notice of Completion; authorization was given to Work Accepted release retention funds 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months there- after; and the Performance Bond was ordered exonerated 12 months thereafter. Notice of Completion Alley Pavement Improvements on Palace Avenue from 20th Clayton Engineering Street to Hamilton Street, Project No. 91-03, were completed to the satisfaction of the Public Services Palace Avenue Director on July 23, 1991, by Clayton Engineering, Improvements, Incorporated, 23011 Moulton Parkway, Unit J-11, Laguna Project No. 91-03 Hills. On motion by Council Member Buffa, seconded by Council Member Erickson, and carried 5-0, the work was MOTION accepted; the Clerk was authorized to file a Notice of Work Accepted Completion; authorization was given to release retention funds 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. Change Order No. 4 Item 16 on the Consent Calendar was presented: Change Clayton Engineering Order No. 4 for $203,467.85, to the contract with Clayton Engineering, Incorporated, 23011 Moulton Park - Canyon Community way, Unit J-11, Laguna Hills, to install sewer trunk Park Phase II lines for Canyon Community Park Phase II Improvements. Improvements Council Member Humphrey stated that since the work is being done at the request of the Costa Mesa Sanitary District, the District has deposited $203,467.86 with the City for payment of the sewer lines. I� 1 J r,. 4J MOTION On motion by Council Member Humphrey, seconded by Change Order Council Member Buffa, the change order was approved by Approved the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None PUBLIC HEARING The Clerk announced that this was the time and place Certificate of set for the public hearing to consider a request from Public Convenience Robert J. Egger III, doing business as Dr. Tow & and Necessity/Dr. Automotive Services, 114 East 16th Street, Costa Mesa, Tow & Automotive for a Certificate of Public Convenience and Necessity Services to provide towing services within the City. Notice of the public hearing was given as required by law. No communications were received. The City Manager reported that the applicant has met all requirements of the Code. (Reference staff's Agenda Report dated July 17, 1991). Sid Soffer, 900 Arbor Street, Costa Mesa, contended that the subject use is not compatible with the mobile home park across the street. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Buffa, seconded by Council Certificate Member Erickson, and carried 5-0, the certificate was Approved approved with the condition that the business continues to meet and fulfill all requirements outlined for Planning Action PA -91-40. PUBLIC HEARING The Clerk presented a resolution approving the report Weed Abatement of the Fire Chief or his designee, showing the cost of removing rubbish, weeds, refuse, or dirt on or in front of each parcel in the City. Notice of the public hear- ing was posted as required by law. No communications were received. The City Manager referred to the report of the Costa Mesa Fire Marshal, stating that the weed abatement program has been completed, and affected property owners would pay for the work via their property tax bills. There being no speakers, the Mayor closed the public hearing. MOTION On mot -ion by Council Member Humphrey, seconded by Resolution 91-66 Council Member Erickson, Resolution 91-66, A RESOLUTION Adopted OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, APPROVING AND CONFIRMING THE REPORT OF THE FIRE CHIEF OR HIS DESIGNEE, SHOWING THE COST OF REMOVING THE RUBBISH AND WEEDS AND REFUSE OR DIRT ON OR IN FRONT OF EACH SEPARATE PARCEL OF LAND IN THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None PUBLIC HEARING The Clerk announced that this was the time and place set Feedback Foundation for the public hearing to consider recommendations for Request for CDBG additional funding support for Feedback Foundation from and Revenue Sharing Community Development Block Grant (CDBG) and General Funds Revenue Sharing funds: (a) Release $16,418.00 from the November, 1990, emergency allocation; (b) Request that a management audit be conducted; and (c) Withhold additional funding until the audit is completed and reviewed. The Affidavit of Publication is on file in the Clerk's office. No communications were received. Council Member Erickson announced that he would abstain from discussing this issue or voting on it because of his involvement with one of the adult day care health centers for senior citizens, a branch that is funded by the Feedback Foundation. The Assistant to the City Manager summarized staff's Agenda Report dated July 29, 1991, which provides background data and an analysis of the funding for this organization, as well as its financial position. Shirley Cohen, Executive Director of Feedback Founda- tion, expressed the need to know this evening whether the City will be releasing any funds. She reported that she is attempting to raise money from other sources, and she has solicited funds from all cities served by the Foundation. Ronald Gray, Feedback Foundation Finance Director, reviewed the financial information which he provided at the request of Council, and answered questions on certain items contained in his report. John Feeney, 1154 Dorset Lane, Costa Mesa, commented that the private sector has a responsibility to fund these types of programs, especially if cities find they no longer have the funds to support them. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, agreed with Mr. Feeney's comment, and supported the City's request for an audit of the Foundation. There being no other speakers, the Mayor closed the public hearing. In that Feedback Foundation leases space at the City's Rea Community Center, Vice Mayor Genis requested staff to provide the report submitted to Council previously which details the.rental rates for all organizations leasing space at the Center. Mayor Hornbuckle announced that a letter was received from Susan Schollenberger, Executive Director of the Senior Citizens Corporation, indicating that free space will be available for Feedback Foundation when the new Senior Citizens Center opens. MOTION A motion was mad& by Vice Mayor Genis to release the Released $16,418.00 from the November, 1990, emergency alloca- $16,418.00 tion. The motion was seconded by Council Member Humphrey, and carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey NOES: None ABSENT: None ABSTAINING:- Erickson MOTION A motion was made by Council Member Humphrey to follow Authorized a up with the management audit; release half of the funds Management Audit; ($12,500.00) for fiscal year 1991-92 as funds become Approved Additional available, with the remaining half to be held until Funds When Available' after the management audit has been completed; and directing the City Manager to approach other cities using Feedback Foundation services, to determine whether they will assist in providing a management audit so that the burden of cost does not fall to this City nor to the Foundation. 1 Council Member Buffa opposed the motion because he felt additional funds should not be released until the audit has been completed. Vice Mayor Genis understood that the management audit would be done by United Way. The City Manager responded that it is an option which shall be pursued. The motion by Council Member Humphrey was seconded by Vice Mayor Genis, and carried by the following roll call vote: AYES: Hornbuckle, Genis, Humphrey NOES: Buffa ABSENT: None ABSTAINING: Erickson RECESS The Mayor declared a recess at 8:35 p.m., and the meet- ing reconvened at 8:45 p.m. OLD BUSINESS The Clerk presented for second reading and adoption, Narcotic Ordinance 91-19 relating.to the Narcotic Forfeiture Forfeiture Fund Fund. Sid Soffer, 900 Arbor Street, Costa Mesa, commented that when the Narcotic Forfeiture Fund has more money than required to support the existing programs, the ordinance could be changed to include funding for other police necessities. MOTION On motion by Concil Member Buffa, seconded by Council Ordinance 91-19 Member Humphrey, Ordinance 91-19, AN ORDINANCE OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 14-71 OF THE COSTA MESA MUNICIPAL CODE RELATING TO THE NARCOTIC FORFEITURE FUND, was given second reading and adopted by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None OLD BUSINESS The Clerk presented Ordinance 91-20 for second reading General Fund and adoption. The ordinance amends the Municipal Code Operating Reserve relating to use of the City's General Fund operating reserve. The City Attorney pointed out that one correc- tion should be made on Page 2, Section 2-206(b): delete the words "affecting or". Vice Mayor Genis stated that approximately $660,000.00 in additional funds will be needed to pay costs to the County; another $48,000.00 will be required to fund the Job Center if Council decides to continue this opera- tion; and a request for $40,000.00 has been received to fund an arts assessment, which places the City in arrears by approximately three-quarters of a million dollars less than 40 days into the new fiscal year. The Vice Mayor was concerned that if the City continues to spend money at the current rate, and an urgent event occurs resulting in possible lay-offs, the City could be in the position where the public health, safety, and welfare are threatened. The City Manager did not believe the City was in a financial crisis situation or in a position whereby services will be cut or terminated, or employees laid off in the current calendar year. He stated that the Job Center and Arts Assessment funds are not budgeted and Council must make some choices. The City Manager mentioned that services, programs, and expected revenues will be reviewed by Council in October or November to determine the City's financial status. Vice Mayor Genis recommended placing a freeze on all nonessential funding until the budget is in a sound position. She felt that waiting six months may be detrimental, and suggested that the City Manager decide on which budget items could be delayed until after the budget is reassessed in October. Mayor Hornbuckle was comfortable with waiting until October to review the budget. Council Member Erickson commented that it would be difficult for him to deter- mine which items are essential or nonessential, and felt it necessary to justify each City position. MOTION A motion was made by Council Member Humphrey, seconded Ordinance 91-20 by.Council Member Buffa, to adopt Ordinance 91-20, AN Adopted ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING ARTICLE 6 TO TITLE 2, CHAPTER V OF THE COSTA MESA MUNICIPAL CODE PERTAINING TO THE USE OF THE CITY'S GENERAL FUND OPERATING RESERVE, removing the words "affecting or" in Section 2-206(b). The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None OLD BUSINESS The Clerk presented City Attorney's Report No. 91-45 Campaign Contribu- and an ordinance amending Section 2-68(g) of the Costa tion Limitations Mesa Municipal Code relating to local campaign contribu- for Conflict of tion limitations for conflict of interests. Interest The City Attorney summarized his report, explaining that the ordinance lowers the local campaign contribu- tion limitation for conflict of interests from $500.00 to $250.00. While answering questions from the Council, the City Attorney stated that the contribution includes in-kind donations. He explained the disqualification requirement of the ordinance which now is in accordance with Government Code Section 94308(b), which applies to Planning Commissioners. Sid Soffer, 900 Arbor Street, Costa Mesa, opposed the requirements of the ordinance. Ory Amburgey, 945 Coronado Drive, Costa Mesa, pointed out that a campaign contribution over $250.00 could be given to a Political Action Committee and then given to the candidate, resulting in a Council Member being able to evade the requirements of the subject ordinance. Mayor Hornbuckle directed the City Attorney to provide additional information for the next Council meeting, if possible, on the issue addressed by Mr. Amburgey. MOTION On motion by Vice Mayor Genis, seconded by Council Ordinance 91-21 Member Humphrey, Ordinance 91-21, AN ORDINANCE OF THE Given First CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading AMENDING SUBSECTION (g) OF SECTION 2-68 OF THE COSTA MESA MUNICIPAL CODE RELATING TO CAMPAIGN CONTRIBUTION LIMITATIONS FOR CONFLICT OF INTERESTS, was given first reading and passed to second reading by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None OLD BUSINESS The Clerk presented Cultural Arts Assessment Recammenda- Cultural Arts tions: (a) Determine whether or not to proceed with the Assessment Cultural Arts Assessment based on the City's current budgetary condition; (b) Approve the attached Request for Proposal (RFP) to determine the cultural arts needs of the City; and (c) Determine the role of the Cultural Arts.Cammittee in the process. The Council Members concurred that spending $40,000.00 on an arts assessment would not be prudent at this time. John Feeney, 1154 Dorset Lane, Costa Mesa, stated that the City cannot afford to pursue this assessment, and predicted that within six months, a Council Member will propose a tax increase to fund the arts. MOTION A motion was made by Council Member Erickson, seconded Assessment by Vice Mayor Genis, and carried 5-0, not to proceed Temporarily with the Cultural Arts Assessment, and directing that Tabled this item shall be brought back as part of further budget discussions at the appropriate time. OLD BUSINESS The Clerk presented Transportation Commission recommda- Baker Street tions for the Baker Street Transportation System Manage - Transportation ment Study (Bristol Street to Mesa Verde Drive): System Study (a) Authorize installation of bus turnouts at loca- tions identified in the Study including adjust- ment of the Century Place stop from the far side to the near side of the street. (b) Affirm installation of Class II bicycle lanes on Baker Street from Bristol Street to Fairview Road in accordance with the City's Master Plan of Bikeways. (c) Authorize prohibition of parking on Baker Street from McClintock Way to College Avenue, and installation of a Class II bicycle lane within this segment in accordance with the City's Master Plan of Bikeways. (d) Authorize downgrading of the existing Master Plan of Bikeways to allow for installation of a Class III bicycle route on Baker Street from Harbor Boulevard to Mesa Verde Drive. A communication was received from Mr. and Mrs. Arnold Kimball, 1606 Baker Street, Costa Mesa, opposing a bike lane on Baker Street, especially between Royal Palm and Mesa Verde Drives. A communication was received from Mary Macy, 1629 Baker Street, Costa Mesa, recommending a four-way stop at Labrador Drive, retaining parking, and deleting the proposed bike lane on Baker Street. The Public Services Director reported that the Baker Street Study was completed as part of the North Costa Mesa Arterial Improvement Study authorized by Council approximately 3-1/2 years ago. He stated that all affected persons on Baker Street were notified even though this discussion is not a public hearing. He also mentioned that necessary funds for the Baker Street improvements have been appropriated. Responding to Mayor Hornbuckle's question regarding proposed red - curbing, the Director stated that the only area along Baker Street proposed for no -parking is on the south side between Harbor Boulevard and Fairview Road. The Assistant Engineer gave a detailed presentation of the data contained in the Baker Street Study which was done by UMA Engineering, Incorporated. Discussion ensued on whether or not there was sufficient on-site parking in the areas where on -street parking would be removed, and the potential of apartment residents parking in the R1 neighborhood. James Wagner, 3150 Bray Lane, Costa Mesa, was opposed to the installation of a bike lane between McClintock Way and Logan Avenue because of the speeding cars coming off the freeway. He supported the proposed parking prohibition. Joanne Farrell, 3027 Killybrooke Lane, Costa Mesa, spoke about the speeding cars on Killybrooke Lane and suggested installing speed humps. The Mayor suggested that Ms. Farrell contact the Public Services Director for the procedure on requesting speed humps. Ms. Farrell felt it was too dangerous to ride bikes on Baker Street, and questioned the need for bike lanes. Franklin Dunlop, 3007 Donnybrook Lane, Costa Mesa, supported the recommendation to prohibit parking on the south side of Baker Street. His main concern was the segment between McClintock Way and College Avenue because of speeding vehicles. He supported having a bike lane for those traveling in a westerly direction. Dave Leighton, 1074 Redding Avenue, Costa Mesa, Presi- dent of the North Costa Mesa Homeowners Association, opposed the proposal to prohibit parking along the south side of Baker Street. Jolee M. White, 2998 Croftdon Street, Costa Mesa, and Sue Loughery,.2999 Milbro Street, Costa Mesa, spoke in support of the proposed bike lanes. Neal Davis, 225 Costa -Mesa Street, Costa Mesa, owner of a four-plex at 1255 Baker Street, opposed the parking prohibition because visitors to the complex must park on the street. He commented that there was not enough bicycle traffic along Baker Street to warrant bike lanes. MOTION A motion was made by Council Member Buffa, seconded by Approved Bus Vice Mayor Genis, and carried 5-0, approving Reccmmenda- Turnouts tion (a), authorizing installation of bus turnouts at locations identified in the Study, including the change to the Century Place stop from the far side to the near side of the street. MOTION A motion was made by Vice Mayor Genis, seconded by Approved Class II Council Member Humphrey, approving Recommendation (b), Bike Lanes from authorizing Class II bike lanes on Baker Street between Bristol to Fairview Bristol Street and Fairview Road. Council Member Buffa stated that he would oppose the motion because he felt there was too much traffic on Baker Street for bicyclists to safely use that street. The motion carried 4-1, Council Member Buffa voting no. MOTION A motion was made by Vice Mayor Genis, seconded by Approved Class II Council Member Humphrey, to approve Recommendation (c), Bike Lanes from authorizing elimination of parking on the south side of Fairview to Harbor Baker Street from McClintock Way to College Avenue, and installation of Class II bike lanes within this segment. The motion carried 3-2, Council Members Buffa and Erickson voting no. 1 411 MOTION A motion was made by Council Member Buffa, seconded by Approved in Concept Council Member Humphrey, and carried 5-0, approving Downgrading of Baker- Recommendation (d) in concept, downgrading Baker Street Street; Approved on the Master Plan of Bikeways to allow for a Class III Class III Bike Lanes bicycle route on Baker Street from Harbor Boulevard to from Harbor to Mesa Mesa Verde Drive, and directing staff to revise the 1990 Verde Drive General Plan to reflect such downgrading. MOTION A motion was made by Vice Mayor Genis, seconded by Requested Trans- Council Member Humphrey, and carried 5-0, requesting the portation Commission Transportation Commission to examine alternatives for to Examine Speed reducing speeds on Baker Street between Harbor Boulevard Reduction Alterna- and Mesa Verde Drive, including the possibility of a tives stop at the Labrador Drive/Andros Street connection. After discussion regarding previous studies done for this area, Mayor Hornbuckle requested the Public Services Director to resurrect some of the old studies and update the numbers. RECESS The Mayor declared a recess at 10:45 p.m., and the meeting reconvened at 10:55 p.m. NEW BUSINESS The Clerk presented a request to appoint a Planning Planning Commission Commissioner to fill the unexpired term of Joe Erickson. Appointment A motion was made by Council Member Buffa, seconded by MOTION/Directed City Council Member Erickson, directing the City Manager to Manager to Advertise advertise for interested parties to apply for the for Applicants and Planning Commission position, and to place this item Schedule. this Item on the Council Agenda for August 19, 1991. for August 19, 1991 Discussion ensued as to whether or not there would be enough time to solicit applicants and place this item on the August 19 agenda. Council Members Genis and Humphrey indicated that they were ready to appoint someone at once. Council Member Erickson stated that he would like to have the opportunity to interview the applicants. Because of the upcoming General Plan Review, Council Member Buffa stated that he would be willing to schedule a special Council meeting to appoint a new Commissioner if the August 19 date does not allow enough time. The motion by Council Member Buffa carried 4-0, Vice Mayor Genis abstaining. Vice Mayor Genis explained that she abstained because while she appreciated the need of Council Member Erickson to have the opportunity to review the other candidates, she would like to move ahead. NEW BUSINESS Representative to The Clerk presented a request to appoint a Council the Flood Protec- Member to the Santa Ana River Flood Protection Agency. tion Agency On motion by Vice Mayor Genis, seconded by Council MOTION/Council Member Buffa, and carried 5-0, Council Member Erickson Erickson Appointed was appointed as the City's representative to the Agency. MOTION/Vice Mayor On motion by Council Member Buffa, seconded by Council Genis Appointed as Member Erickson, and carried 5-0, Vice Mayor Genis was Alternate appointed as the City's alternate representative to the Agency. NEW BUSINESS The Clerk presented a request to appoint a member to the Appointment to Child Child Care Committee. Care Committee Vice Mayor Genis made a motion to appoint alternate MOTION/Elliott member Suzanne Elliott as a voting member, and appoint and Mason Appointed Patricia Mason as an alternate member. The motion was seconded by Council Member Humphrey, and carried 5-0. NEW BUSINESS The Clerk.presented a request to appoint a member to the Appointment to Human Relations Committee. Human Relations Committee Mayor Hornbuckle reported that one committee member apparently has not been able to attend the meetings, and one member has resigned. She requested the City Manager to send a certified letter to Mitchell Valbuena to ascertain whether or not he will be able to continue with the committee. The Mayor recommended appointing one member and one alternate member to fill the next vacancy. MOTION/Bradley Mayor Hornbuckle made a motion to appoint Robert M. and Angelini Bradley as a.committee member, and Victoria Angelini Appointed as an alternate member to fill the next vacancy. The motion was seconded by Council Member Buffa, and carried 5-0. NEW BUSINESS The Clerk presented a request to appoint a member to Appointment to the Parks, Recreation Facilities and Parkway Commission. Parks Commission The City Manager recommended appointing one of the previous applicants to fill the vacant position, or direct staff to readvertise for interested applicants. Vice Mayor Genis suggested appointing a member from the list of previous applicants. Council Member Buffa recommended that the City Manager first contact those persons who had previously applied to determine how many are still interested in serving. MOTION On motion by Council.Member Buffa, seconded by Council Continued to Member Humphrey, and carried 5-0, this item was con - August 19, 1991 tinued to August 19, 1991, so that the City Manager could contact previous applicants to determine who is still interested in serving on the commission. NEW BUSINESS The Clerk presented a request to process a General Plan Request from Amendment fram Dick Bofferding, D & L Development, 22557 Margolin to Scarlet Sage Way,.Moreno Valley, authorized agent for Process a GPA Margolin Family Irrevocable Trust No. 2, 1922 East Chapman Avenue, Orange, to change a 20 -foot wide strip of land at the side of the two adjoining lots at 1944 Newport Boulevard and 1937 Church Street from Medium Density Residential to Commercial Center. The Deputy City Manager/Development Services summarized the Agenda Report dated July 29, 1991, which explains that the requested amendment is to facilitate a lot line adjustment to straighten the side property line between the two properties, and to correct the inconsistency by recognizing the operation of the existing commercial use. Council Member Buffa mentioned that in the past, Council has delayed approving General Plan Amendment requests until after the General Plan is adopted. The Deputy City Manager stated that this proposal could be incor- porated into the General Plan and save the applicant the filing fee; however,.the property cannot be sold until the lot line is corrected. The Senior Planner reported that this request is a minor clean-up, will not cause any problems with the General Plan in terms of any major redesignation, and staff processing time would be nonsubstantial. 1 Motion to Include Council Member Buffa made a motion directing staff to the Request in the make this adjustment to the General Plan. The motion General Plan Died was seconded by Vice Mayor Genis; however, after further clarification, the Vice Mayor withdrew her second, and the motion died. MOTION On motion by Vice Mayor Genis, seconded by Council GPA Accepted Member Humphrey, and carried 5-0, the request for a for Processing General Plan Amendment was accepted for processing. NEW BUSINESS The,Clerk presented a request to process a General Request from Plan Amendment from Sanderson -J. Ray Development, 2699 School District White Road, Suite 150, Irvine, authorized agent for to Process a GPA the Newport -Mesa Unified School District, 1601 - 16th Street,.Newport Beach, to change a 10.87 -acre site at 3100 Bear Street from Low Density Residential to High Density Residential. The Deputy City Manager/Development Services reviewed the Agenda Report dated July 29, 1991, explaining that the property (Bear Street School site) is proposed for a public use designation in the draft General Plan; however, the applicant is considering development of a small medical office building and/or residential units at a density of approximately 18 units per acre. He reported that staff feels this change would substanti- ally impact the surrounding area in terms of traffic and compatibility of land use, and does not meet the criteria for acceptance. James W. Ray, authorized agent for the School District, requested a continuance to the next Council meeting in order to revise the density. Mr. Ray, in providing some background data, reported that his company is under contract to purchase the Fellowship Gospel Building at the corner of Bear Street and the San Diego Freeway; in addition, he is negotiating with the School District to sell the property to them for use as a consolidated administrative facility. Mr. Ray stated that because the District is short of cash, it is considering a land swap whereby the District would obtain the Fellowship site in exchange for the Bear School site, the latter having been declared surplus property by the District. Vice Mayor Genis commented that it was her understanding that State Law requires the School District to offer to sell surplus property to other public agencies for recreational or low cost housing purposes. She also asked whether any appropriate housing authorities had been contacted. The Vice Mayor requested the City Attorney to provide the appropriate statutes and case law regarding this issue. The City Attorney responded that he would have that information available at the next Council meeting. Thomas Godley, Assistant Superintendent of the Newport -Mesa Unified School District, reported that legal counsel advised the District that an exchange of properties is not governed by the above-mentioned State law. Vice Mayor Genis commented that she has very little interest in pursuing the request. Council Member Humphrey was opposed to high density in this vicinity. MOTION A motion was made by Council Member Buffa, seconded by Continued to Mayor Hornbuckle, and carried 5-0, to continue the August 19, 1991 General Plan Amendment request to August 19, 1991. .. :a llV1d f NEW BUSINESS The Clerk presented a policy to guide the future devel- SRO Developments opment of single -room occupancy (SRO) residental hotels within commercial zones. Environmental Determination: Negative Declaration. The Senior Planner summarized the Agenda Report dated July 29, 1991, reporting that SRO hotels are being developed as a means of providing basic, safe, and affordable housing for low and very low income citizens. She reviewed the policy charges recommended by the Planning Commission at its meeting of July 22, 1991. Vice Mayor Genis expressed concern about the parking ratio of 0.5 -space per unit, and questioned the require- ment for a color television. She felt a microwave oven would be more appropriate. Council Member Buffa commented that he was not aware of any SRO development which requires one parking space per unit, and agreed with the Vice Mayor's comment that microwave ovens would be more appropriate than color televisions. He felt that the minimum room size should be reduced. Phil Morello, 1715 Samar Drive, Costa Mesa, was opposed to SRO developments, especially on the City's west side. Vice Mayor Genis pointed out that SROs would be allowed in commercial zones only. Franklin Cole, 2482 Fairview Way, Costa Mesa, reported on his study of SROs, and gave a lengthy presentation on his findings. Mr. Cole emphasized that a good management plan is required as well as thorough screen- ing of tenants. He commented that since much staff monitoring would be required, it would be appropriate for the City to charge a fee for each room. Mr. Cole answered questions from Council Member Erickson on the parking requirements for various SRO developments. MOTION A motion was made by Council Member Buffa, seconded by Staff Directed to Vice Mayor Genis, to refer this item to staff to provide Make Adjustments; alternatives or adjustments to the policy, per Council's Continued to comments, for consideration at the Council meeting of August 19, 1991 August 19, 1991. Vice Mayor Genis suggested lowering the percentage of daily rentals from a maximum of 10 percent to 5 percent. Referencing Policy No. 2, Location, she suggested amend- ing the first sentence to read: "SRO residential hotels should be located within proximity (1,000 feet) to transit stops and/or major employment centers". The Vice Mayor also recommended changing the parking to 0.8 -space per guest room, and asked that staff clarify "common open space" as it relates to interior and exterior areas. Council Member Humphrey agreed with increasing the park- ing standards. Mayor Hornbuckle suggested that staff work out some sort of scale on parking, and expressed concern about requiring so much parking that it would reduce the economic viability of these facilities. The motion by Council Member Buffa carried 5-0. NEW BUSINESS ITEMS A motion was made by Council Member Buffa, seconded by CONTINUED Mayor Hornbuckle, to continue New Business Items 9, 10, MOTION/Continued and 11 to August 19, 1991. After discussion, the Three Items following action was taken: SUBSTITUTE MOTION A substitute motion was made by Vice Mayor Genis, Continued Two Items seconded by Council Member Humphrey, and carried 5-0, to August 19, 1991 to continue the following items to August 19, 1991: Job Center Discussion on the Costa Mesa Job Center. Law Enforcement Request from Council Member Humphrey to institute a Fee fee when law enforcement personnel are requested a second time for loud parties. ' NEW BUSINESS A request from Council Member Humphrey to strengthen Parking by Permit wording of the ordinance pertaining to parking by permit and Increased Fines only and to increase fines, was discussed. Vice Mayor Genis felt the existing parking fine of $17.00 should be increased and towaway provisions established. MOTION A motion was made by Vice Mayor Genis, seconded by Directed City Council Member Humphrey, directing the City Attorney Attorney to Prepare to prepare a resolution for the meeting of August 19, Resolution for 1991, pertaining to parking by permit only, and August 19, 1991 increasing fines and penalties for illegal parking. Council Member Humphrey suggested establishing fines for people who sell their parking permits. AMENDED MOTION Vice Mayor Genis amended her motion by including a Added a Direction direction to the City Attorney to prepare an ordinance to Prepare an establishing fines for persons who sell their parking Ordinance permits. The amended motion was seconded by Council Member Humphrey, and carried 5-0. CITY ATTORNEY The City Attorney requested a closed session pursuant REPORT to Government Code Section 55956.9(a) to discuss Green v. Amburgey, United States District Court Case No. Green v. Amburgey CV 90 6169 -FW. (Closed session was held after close of regular business.) COUNCIL MEMBERS Council Member Erickson thanked the Community Services COMMENTS Department for the Canyon Park tour. Mayor Hornbuckle thanked David Alkema, Parks Superintendent, for the wonderful job he did on the tour. Conflict of Council Member Erickson reported that his wife is a Interest member of the Parks, Recreation Facilities and Parkway Commission, and it was the City Attorney' -s opinion that no conflict of interest exists. -He stated that the Parks Commission had no objection to their serving on separate boards. Legion of Valor Council Member Buffa mentioned that the past weekend was the 101st National Reunion of the Legion of Valor, which is an association of the highest decorated veterans in the country. Monorail Report Council Member Buffa announced that he will be present- ing a report on his trip to Vancouver in connection with the Central Orange County Monorail project. Regional Vice Mayor Genis reported that last week, she testified Governments at Governor Wilson's hearings on regional government. Task Force She urged the other Council Members.to submit their comments to the Governor's Interagency Task Force on Regional Government and Growth Management, because she believed it was important to make their feelings known, especially regarding redistribution of local income and loss of local autonomy. Freeze on Vice Mayor Genis requested that Council authorize the Nonessential City Manager to forego nonessential spending at his Spending discretion until Council and staff have had another opportunity to review the budget. Mayor Hornbuckle requested the City Manager to provide Council with a memorandum on this issue. National Night Mayor Hornbuckle announced that the 8th Annual National Out Night Out will be celebrated Tuesday, August 6, 1991, at the Harbor Center, starting at 7:00 p.m. She suggested that everyone bring a flashlight. ADJOURNMENT TO At 12:25 a.m., the Mayor adjourned the meeting to a CLOSED SESSION closed session in the first Floor Conference Room to discuss the lawsuit, Green v. Amburgey. MEETING RECONVENED The Mayor reconvened the meeting at 12:30 a.m. MOTION/Approved The City Attorney announced that during closed session, Recommendation for Council voted 5-0 to approve the recommendation of the Green v. Amburgey City Attorney regarding the lawsuit, Green v. Amburgey, Lawsuit United States District Court Case No. CV 90 6169 -FW. ADJOURNMENT The Mayor declared the meeting adjourned at 12:35 a.m. I �eaj ffr� j, . row, - City of Costa- ATTEST: ty Clerk of the City of Cost Mesa