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HomeMy WebLinkAbout08/19/1991 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA AUGUST 19, 1991 The City Council of the City of Costa Mesa, California, met in regular session August 19, 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 led by Boy Scout Troup No. 188, and Invocation by Elder Robert Bass, Reorganized Church of Jesus Christ of Latter Day Saints. 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: None Officials Present: City Manager Allan Roeder City Attorney Thomas Kathe Public Services Director William Morris City Clerk Eileen Phinney Principal Planner R. Michael Robinson MINUTES On motion by Council Member Buffa, seconded by Council August 5, 1991 Member Humphrey, and carried 5-0, the minutes of the regular meeting of August 5, 1991, were approved as distributed. ORDINANCES A motion was made by Council Member Buffa, seconded by Council Member Humphrey, and carried 5-0, to read all ordinances by title only. ANNOUNCEMENT The Mayor announced that the following New Business items would be removed from the Agenda: Request for a 90 -day Leave of Absence without pay for Helen Nenadal. Urgency ordinance deleting sign ordinance provisions for freeway -oriented ground signs. ORAL Janice Davidson, 1982 Arnold Avenue, Costa Mesa, spoke COMMUNICATIONS regarding recurring street maintenance problems: (1) Hamilton Street between Harbor Boulevard and Street Maintenance Placentia Avenue; (2) Charle Street between Hamilton Problems and 19th Streets; (3) Meyer Place and 19th Street; and (4) Victoria Street. The Mayor asked the City Manager to investigate these areas and prepare a memo for Council with a copy to Ms. Davidson. Midnight Deadline Phil Morello, 1715 Samar Drive, Costa Mesa, requested for Council Meetings clarification regarding the midnight deadline for Council meetings. The Mayor stated the deadline is a Council policy which is now being enforced; however, it is Council's decision whether the meetings will proceed or be adjourned to the next evening. Canyon Park Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, expressed favorable comments on the progress of Canyon Park. He Bluff Road/Balboa questioned the Council's commitment regarding connecting Boulevard/19th Bluff Road and Balboa Boulevard at 19th Street. The Street City Manager stated this item will be on a Council agenda in the near future; and staff was directed to research the records to determine if any previous action had been taken on this item. Fairgrounds Frank Cole, 2482 Fairview Way, Costa Mesa, stated that Market Place the Fairgrounds Board had prepared a Request for Propo- sal which would change the operation of the Orange County Market Place. The City Manager stated the City had received a copy of the RFP, and the Fairgrounds staff had indicated that it is consistent with their Master Plan. Soffer Vehicles Sid Soffer, 900 Arbor Street, Costa Mesa, reported that on Friday, August 16, 1991, after 5:00 p.m., five police City Ordinance- officers came to his home to view his vehicles which Deficient Vehicles were parked on the street; one citation was issued for a car with "nori matching" license plates. He also noted a City ordinance which allows only 10 days to respond to a notice ofa deficient vehicle, stating that the City then has the authority to remove and destroy said vehicle. The City Manager was directed to provide a clarifying memorandum on both items. CONSENT CALENDAR The following items were removed from the Consent Calen- dar: Items 6, 7, 8, 9, 10, and 11, Claims from Connelly Bolkeim, Walter Clanry, Wendy Kalman, Hermios Kibin Jr., William Thompson, and Margarito Millan Vega, respec- tively; Item 13, Street Improvements for Victoria Street Widening; and Item 15, Request from Clayton Engineering to reduce retention funds on the Canyon Park Improvement Project. On motion by Vice Mayor Genis, 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 Vice Mayor Genis, 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: Rose R. Mock; and Karen M. Stewart. Alcoholic Alcoholic Beverage License for which parking has been Beverage approved by the Planning staff: Jane and Ronald License Alfaro, doing business as The Pizza Place, 735 West Baker Street, Unit B. Public Notice from the Public Utilities Commission that an Utilities application was filed by Smart Transportation, Incor- Commission porated, doing business as Funland Shuttle Company, for authority to provide passenger stage service in various cities throughout Orange County. Baker Street Letter from William and Eleanor Waddell, 3011 Warren Transportation Lane, Costa Mesa, expressing opposition to parking Study prohibition on Baker Street between Fairview Road and College Avenue, in connection with the Baker Street Transportation Study. SET FOR PUBLIC On motion by Vice Mayor Genis, seconded by Council HEARING Member Erickson, and carried 5-0, the following items were set for public hearing on September 3, 1991, at J MOTION/Hearings Set 6:30 p.m., in the Council Chambers of City Hall: for September 3, 1991 Preliminary Draft of the City of Costa Mesa Source Source Reduction Reduction and Recycling Element; and Recycling Element Amend the Municipal Code to establish incentives Density Bonus for (Density Bonus) which will be offered to develop Senior Housing affordable or senior housing. Environmental Deter- mination: Negative Declaration; and Rezone Petition Rezone Petition R-91-04, Briggs Development Corpora - R -91-04, Briggs tion, 23046 Avenida Carlota, Laguna Hills, authorized agent for Phillip D. Reed, 2166 College Avenue, Costa Mesa, to rezone four lots at 2160-2172 College Avenue and 396 Victoria Street from. R2 to R3. Environmental Determination: Negative Declaration. WARRANTS On motion.by Vice Mayor Genis, seconded by Council Member Erickson, Warrant Resolution 1500, including MOTION Payroll 9116, was approved by the following roll call Warrant 1500 vote: Approved AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None ADMINISTRATIVE Bids received for Bid Item 938, Annual Supply of Hydro - ACTIONS gen Peroxide, are on file in the Clerk's office. On motion by Vice Mayor Genis, seconded by Council Member Bid Item 938 Erickson, the contract was awarded to Soco-Lynch Corpo- Hydrogen Peroxide ration, 3270 East Washington Boulevard, Los Angeles, for an estimated amount of $42,358.68. The motion carried MOTION by the following roll call vote: Awarded to AYES: Hornbuckle, Genis, Buffa, Soco-Lynch Humphrey, Erickson NOES: None ABSENT: None Asbestos Removal/ Bids received for Astestos Removal and Demolition of Structure Demo- Seven (7) Structures on Victoria Street from Canyon lition, Victoria Drive to Harbor Boulevard, Project No. V-91-01, are on Street, Project file in the Clerk's office. On motion by Vice Mayor V-91-01 Genis, seconded by Council Member Erickson, the contract was awarded to Charlie Ray Gann, Post Office Box 647, MOTION Mira Loma, for $67,961.00. The motion carried by the Awarded to following roll call vote: Charlie Ray Gann AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Agreement with The Community Services Director recommended approval of Wallace, Roberts an agreement with Wallace, Roberts and Todd, 1133 and Todd Columbia Street, San Diego, for $100,000.00, to prepare the Park, Recreation and Open Space Master Plan. On Park, Recreation, motion by Vice Mayor Genis, seconded by Council Member and Open Space Erickson, preparation of said agreement was approved; Master Plan and the Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the following MOTION roll call vote: Authorized Prepara- AYES: Hornbuckle, Genis, Buffa, tion of Agreement Humphrey, Erickson NOES: None ABSENT: None Tax Rate/1974 Open On motion by Vice Mayor Genis, seconded by Council Space Bond Issue Member Erickson, Resolution 91-67, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, J - J MOTION FIXING THE TAX RATE PER CENTUM AND LEVYING A TAX UPON Resolution 91-67 ALL OF THE TAXABLE PROPERTY WITHIN THE CITY OF COSTA Adopted MESA WHICH IS TAXABLE TO MEET THE CITY'S OBLIGATION UNDER THE 1974 OPEN SPACE BOND ISSUE FOR FISCAL YEAR 1991-92, was adopted by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Land Dedication On motion by Vice Mayor Genis, seconded by Council for Victoria Street Member Erickson, Resolution 91-68, A RESOLUTION OF THE Improvement CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DEDICATING LAND FOR PUBLIC USE FOR STREET, HIGIRxAY, AND MOTION UTILITY PURPOSES FOR THE IMPROVEMENT OF VICTORIA STREET, Resolution 91-68 was adopted by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Budget Adjustment On motion by Vice Mayor Genis, seconded by Council 92-03, Sanitary Member Erickson, Budget Adjustment 92-03 for $95,000.00, District Contract to increase revenue estimate and appropriations to Increase reflect increases to the contract with the Costa Mesa Sanitary District, was approved by the following roll MOTION call. vote: Adjustment Approved AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Notice of Completion The Public Services Director recommended acceptance of Duthie Electric improvements for Bid Item 891, Revision A, Remove and Replace Emergency Power Generators, completed by Duthie Bid Item 891-A, Electric Service Corporation, 2311 East Anaheim Street, Power Generators Wilmington, on May 7, 1991. On motion by Vice Mayor Genis, seconded by Council Member Erickson, and carried MOTION 5-0, the work was accepted; the Clerk was authorized to Work Accepted file a Notice of Completion; and authorization was given to release the bid bond 35 days thereafter. This action supersedes the action taken at the regular Council meet- ing of August 5, 1991. Claims The following Consent Calendar items were presented: Items 6, 7, 8, 9, 10, and 11, Claims from Connelly Bolkeim, Walter Clanry, Wendy Kalmen, Hermios Kibin Jr., William Thompson, and Margarito Millan Vega, respec- tively. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that details should be provided to the public regarding each claim. The City Attorney stated that all claims are public record; and he was directed by the Mayor to investigate listing claims on the Agenda with a brief description. MOTION On motion by Council Member Humphrey, seconded by Claims Rejected Council Member Erickson, and carried 5-0, the following claims were rejected: Bolkeim Connelly Bolkeim; Clanry Walter Clanry; Kalmen Wendy Kalmen; Kibin Hermios Kibin Jr.; 5 Thompson William Thompson; and Vega Margarito Millan Vega. Victoria Street Item 13 on the Consent Calendar was presented: Street Improvements, Improvements for Victoria Street Widening from Canyon Project 91-07 Drive to Harbor Boulevard, Project No. 91-07. Council Member Humphrey commended staff for the sizable cost saving to the City on this contract. MOTION On motion by Council Member Humphrey, seconded by Awarded to Council Member Buffa, the contract was awarded to Sully - Sully -Miller Miller Contracting Company, 6145 Santiago Canyon Road, Orange, for $5,207,927.75. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Canyon Park Item 15 on the Consent Calendar was presented: Request Retention Funds, from Clayton Engineering to reduce retention funds from Clayton Engineering ten percent to five percent in connection with the Canyon Park Improvement Project. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, asked the definition of "retention funds", and he was informed by the Director of Public Services that a public agency retains ten percent of the monies owed to a contractor in the event said contractor does not fulfill his finan- cial obligations to his subcontractors. Council Member Humphrey expressed concern over the possibility of stop orders or liens on this project. MOTION On motion by Council Member Humphrey, seconded by Vice Reduction Approved Mayor Genis, the reduction in retention funds was approved subject to there being no outstandingstop orders or liens associated with this project. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None PUBLIC HEARING The Clerk announced the public hearing, continued from Appeal of RA -90-06/ the meeting of July 15, 1991, to consider the appeal of PA -90-128 the Redevelopment Agency's denial of Redevelopment Pope Family Trust Action RA -90-06, Planning Action PA -90-128, from Armitage Realty, Incorporated, 2900 Bristol Street, Suite E-101, Costa Mesa, authorized agent for the Pope Family Trust, 635 San Elijo Street, San Diego, for variances from front setback requirements (20 feet required, 10 feet proposed), and from side setback requirements (15 feet required, 5 feet proposed), and Redevelopment Agency review, in conjunction with a proposed 10,200 -square -foot, one-story commercial build- ing at 145 East 19th Street in a Cl zone. Environmental Determination: Negative Declaration. MOTION On motion by Council Member Buffa, seconded by Council Continued to Member Erickson, and carried 5-0, the public hearing September 16, 1991 was continued to September 16, 1991. Vice Mayor Genis requested that staff develop a policy regarding items being repeatedly continued. PUBLIC HEARING The Clerk announced that this was the time and place set Community Facili- for the public hearing to consider establishment of the ties District No. City of Costa Mesa Community Facilities District No. 91-1/Plaza Tower 91-1 (Plaza Tower Public Improvements): Resolution of Formation authorizing the levy of a special tax within the District; preliminarily estab- lishing an appropriations limit for the District; and submitting of the special tax and the establishment of the appropriations limit to the qualified electors of the District. Resolution determining the necessity to incur bonded indebtedness within the District No. 91-1 and submit- ting proposition to the qualified electors of the District. Resolution calling for Special Election. Mayor directs City Clerk to conduct election and announce election results. Resolution declaring the results of special election and directing recording of Notice of Special Tax Lien. Ordinance levying special taxes within the City of Costa Mesa Community Facilities District No. 91-1 (Plaza Tower Public Improvements). OLD BUSINESS The Clerk presented the Funding Agreement with 600 Anton Funding Agreement/ Boulevard Associates, 3315 Fairview Road, Costa Mesa, Development Trip for Development Trip Fees. The Mayor requested that the Fees related Funding Agreement for Development Trip Fees be discussed at the conclusion of the public hearing. The Mayor announced that this was the time and place for the public hearings in this City Council's proceedings for the City of Costa Mesa Community Facilities District No. 91-1 (Plaza Tower Public Improvements). She explained that the hearings are to inquire into the formation of the District, the levy of special taxes in the District, and the need to incur bonded indebtedness in the District. Before formally opening the hearings, she asked if there were any property owners or regis- tered voters in the District who wished to file written protests, and if so, to file them with the City Clerk at this time. The Mayor officially opened the public hear- ings and announced the order of business: presentations by staff and the consultants about the District; and receive comments and questions and any oral protests from any interested persons. Assistant to the City Manager Rick Pickering summarized the Agenda Report dated August 16, 1991, regarding the establishment of the Community Facilities District. He noted that once the District is established, staff will bring back to Council in September, the request for authorization to sell the bonds. He then explained the financing procedure for the District. Andy Hall, of Jones, Hall, Hill, and White, Four Embarcadero Center, Nineteeth Floor, San Francisco, clarified that regarding the appropriations limit noted on Page 6, Paragraph 11, of the Agenda Report, the figure $20,000,000.00, is a formality, creating a limit that will not require an increase; and on Page 5, Paragraph 7, the phrase, "Except to the extent that funds are otherwise available to the District...", is a provision allowing the flexibility to apply other funds, otherwise the tax shall be levied. The City Manager stated that similar bond financing was utilized for public improvements and the parking facility for the Performing Arts Center. 1 Malcolm Ross, representing 600 Anton Boulevard Associ- ates, 3315 Fairview Road, Costa Mesa, commented that this type of bond financing is an old mechanism for getting cities built. Sid Soffer, 900 Arbor Street, Costa Mesa, expressed his opinion that developers and businesses are being over- taxed, and he -suggested using a portion of the tax monies to mitigate problems and make improvements. Vice Mayor Genis responded that the subject fees will be used to improve the intersection of Anton Boulevard and Bristol Street and various traffic improvements. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Humphrey, seconded by Resolution 91-69 Council Member Erickson, Resolution 91-69, A RESOLUTION Adopted OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFOR- NIA, AUTHORIZING FORMATION OF COSTA MESA COMMUNITY FACILITIES DISTRICT NO. 91-1 (PLAZA TOWER PUBLIC IMPROVEMENTS), AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT, PRELIMINARILY ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT, AND SUBMITTING LEVY OF THE .SPECIAL TAX AND ESTABLISHMENT OF THE APPRO- PRIATIONS LIMIT TO THE QUALIFIED ELECTORS OF THE DIS- TRICT, was adopted by the following roll call vote: AYES:Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None MOTION On motion by Vice Mayor Genis, seconded by Council Resolution 91-70 Member Erickson, Resolution 91-70, A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN THE CITY OF COSTA MESA COMMUNITY FACILITIES DIS- TRICT NO. 91-1 (PLAZA TOWER PUBLIC IMPROVEMENTS) AND SUBMITTING A PROPOSITION TO THE QUALIFIED ELECTORS OF THE DISTRICT, was adopted by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None MOTION On motion by Vice Mayor Genis, seconded by Council Resolution 91-71 Member Humphrey, Resolution 91-71, A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CALLING FOR A SPECIAL ELECTION RELATING TO CITY OF COSTA MESA COMMUNITY FACILITIES DISTRICT NO. 91-1 (PLAZA TOWER PUBLIC IMPROVEMENTS), was adopted by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None The Mayor requested the City Clerk to open the ballots and announce the results of the election. The Clerk presented the ballot measure as follows: Shall the City of Costa Mesa incur an indebtedness and issue bonds in one or more series in the maximum aggregate priniciple amount of $3,200,000.00 with interest at a rate or rates not to exceed the maximum interest rate permit- ted by law at the time of sale of such bonds on behalf of the City of Costa Mesa Community Facilities District No. 91-1 (Plaza Tower Public Improvements)(the "District"), the proceeds of which will be used to finance certain public improvements; shall a special tax payable solely from lands within the District be levied annually upon lands within the District to pay for the principal and interest upon such bonds and the costs of the City in administering the District, and shall the annual appro- priations limit of the District be established in the amount of $20,000,000.00? The Clerk announced the number of votes on the ballot as six, and the signed ballot was marked "yes". Andy Hall stated that there is a specific provision in law with respect to a Mello -Roos landowner vote that permits all periods of time to be waived, and that is what the landowner has done. Mayor Hornbuckle instructed the Clerk to complete one copy of the Canvass and Statement of Result of Election to be attached as Exhibit A to the first resolution. The Mayor then announced that as the results of the election were unanimously in favor of the levy of the special taxes, the establishment of the appropriations limit and the incurring of bonded indebtedness, it was appropriate to proceed with further actions for the District. MOTION On motion by Council Member Buffa, seconded by Council Resolution 91-72 Member Erickson, Resolution 91-72, A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING RESULTS OF THE SPECIAL ELECTION AND DIRECTING RECORDATION OF THE NOTICE OF SPECIAL TAX LIEN IN CON- JUNCTION WITH CITY OF COSTA MESA COMMUNITY FACILITIES DISTRICT NO. 91-1 (PLAZA TOWER PUBLIC IMPROVEMENTS), was adopted by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None MOTION On motion by Council Member Buffa, seconded by Council Ordinance 91-22 Member Erickson, Ordinance 91-22, AN ORDINANCE OF THE Given First Reading CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, LEVYING SPECIAL TAXES WITHIN THE CITY OF COSTA MESA COMMUNITY FACILITIES DISTRICT NO. 91-1 (PLAZA TOWER PUBLIC IMPROVEMENTS), 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 The City Attorney submitted his Report No. 91-52 which transmitted three proposed Funding Agreements for the remaining.portion of the traffic impact fees assessed against Plaza Tower; and Report No. 91-52A which out- lines efforts taken to reach a negotiated agreement for the funding of the remaining portion of the traffic impact fee. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that South Coast Plaza is one of the biggest attractions in the County, and he disputed the fact that it creates a negative traffic impact on Bristol Street. Malcolm Ross summarized the basic problem areas in relation to the mitigation measures for the project and Resolution 88-10. He presented visuals of the pertinent sections of the mitigation measures. A lengthy discus- sion ensued regarding the trip end fees; proposed public improvements; intended office usage; the impact of pedestrians; the Bristol Street/Anton Boulevard inter- sections; the studies referenced in Resolution 88-10; and a temporary Certificate of Occupancy. Mr. Ross stated the Certificate of Occupancy was required by September 1, 1991, so that the primary tenant, Interna- tional Business Machines, could move into Plaza Tower. Motion Made to A motion was made by Council Member Buffa, seconded by Release Certificate Council Member Erickson, to direct the City Attorney and of Occupancy the City Manager to draft an agreement that releases the Certificate of Occupancy but leaves it to them to negotiate a fair share figure of traffic mitigation fees for the Plaza Tower Project to be negotiated with the developer. Mr. Ross reiterated that he agrees to the mitigation measures and to the conditions for the project; and he asked only for the City to calculate the fee based upon conditions to which he agreed. He also stated that the tenant improvements have been completed. SUBSTITUTE MOTION A motion was made by Council Member Erickson, seconded Temporary Certifi- by Council Member Buffa, and carried 4-1, Vice,Mayor cate of Occupancy Genis voting no, to direct staff to issue a Temporary Approved Certificate of Occupancy for Plaza Tower as soon as possible for up to fifty percent of the building, with the final Certificate of Occupancy to be issued upon execution of an agreement between 600 Anton Boulevard Associates and the City as to how the balance of the improvements are to be funded based on projects that are needed; and direct staff to look at this in light of project versus costs. The City Attorney clarified that the Environmental Impact Report for this project and the Fee Study have identified projects that will mitigate traffic. He stated that the California Environmental Quality Act acknowledges that a measure equivalent to the original mitigation measure could be accepted by Council in the interim which would cover issuing the Certificate of Occupancy before entering into a mutually acceptable funding agreement. RECESS The Mayor declared a recess at 9:40 p.m., and the meet- ing reconvened at 9:55 p.m. Continuation of Mayor Hornbuckle noted that the City Attorney's Report Plaza Tower No. 91-52A dated August 16, 1991, required a response. Funding Agreement On motion by Council Member Buffa, seconded by Council MOTION Member Erickson, and carried 5-0, the following finding Agreement Clarified was adopted to clarify how the funding agreement between the City and 600 Anton Boulevard Associates, the developer, and the City shall be structured: The maximum fee of $6,116,208.00 is not presently due, and the agreement should specify a method to determine the developer's appropriate fee after a revised study of North Costa Mesa is completed. PUBLIC HEARING The Clerk announced this was the time and place set for 1988 Uniform the public hearing for an ordinance adopting the 1988 Building Code; Uniform Building Code with amendments; and the 1990 1990 National National Electrical Code. The Affidavit of Publication Electrical Code is on file. No communications were received. Tony C'De Baca, Assistant Developmment Services Director, Building Safety Division, reviewed the Agenda Report dated August 14, 1991. The City Attorney noted a correction to Page 35 of the proposed ordinance, Section 6 should be changed to Section 7, 7 to 8, and so forth. He stated that on Page 44, Section 11, previously Section 10, commencing with Chapter VII, Housing, Section 5-158, Subsection (b), the paragraph beginning, "Every dwelling unit shall have at least one hundred -fifty..." should be considered separately as it is similar to language being considered in a lawsuit involving the City of Santa Ana. Vice Mayor Genis suggested taking fees out of the ordinance and putting them into a resolution as had been done previously. There ensued discussion regarding specifics of the proposed ordinance. Sid Soffer, 900 Arbor Street, Costa Mesa, pointed out a section in the ordinance which states that if a building is not maintained, it is a public nuisance; and the building official has the power to condemn a building. MOTION On motion by Vice Mayor Genis, seconded by Council Granted Additional Member Buffa, and carried 5-0, Mr. Soffer was granted an Time to Speak additional two minutes to speak. Mr. Soffer relayed problems encountered with the City regarding his property on Bernard Street. Mayor Hornbuckle asked the City Manager to address the concerns raised by Mr. Soffer. The Assistant Development Services Director clarified that staff members from the Building Division would make inspections, on occasion accompanied by officials from the Health Department, Fire Department, and City Attorney's office; and the administrative hearing process allows for appeal once findings have been determined. The City Attorney stated that this ordi- nance imposes a hearing requirement. Frank Cole, 2482 Fairview Way, Costa Mesa, suggested that public input on the proposed ordinance was desirable, specifically input from the community, the Chamber of Commerce, and so forth. Mayor Hornbuckle announced communications had been received from the swimming pool industry and the build- ing association. Phil Morello, 1715 Samar Drive, Costa Mesa, spoke about the deadbolt locks on his doors. Vice Mayor Genis stated she was not ready to support first reading of this ordinance and requested staff to provide a better definition of public nuisance or an unsafe building. Motion to Continue A motion was made by Vice Mayor Genis, seconded by to September 3, 1991 Council Member Humphrey, to continue this item to September 3, 1991, and to remove the permit amount from the ordinance and institute it by resolution. SUBSTITUTE MOTION On motion by Council Member Humphrey, seconded by Vice Referred to Planning Mayor Genis, and carried 5-0, this item was referred to Commission for the Planning Com¢mission,for review, to be brought Review back to Council for final disposition; directing staff to revise the ordinance to reflect that inspection upon sale shall be mandatory instead of voluntary; and to place the fees in a separate resolution. a .a Council Member Buffa commented that he would not have supported a vote on this document at this time because of its complexity. ANNOUNCEMENT After conferring with Council, Mayor Hornbuckle announced that after 12:00 a.m., the remaining Agenda items would be continued to Tuesday, August 20, 1991, at 6:30 p.m. OLD BUSINESS The Clerk presented, from the meeting of August 5, 1991, Request from General Plan Amendment request from Sanderson -J. Ray School District Development, 2699 White Road, Suite 150, Irvine, autho- to Process a GPA rized agent for Newport -Mesa Unified School District, 1601 - 16th Street, Newport Beach, to change a 10.87 - acre site at 3100 Bear Street from Low Density Residen- tial to High Density Residential. The Clerk also presented the City Attorney's Report pertaining to exchange of School District property. Alice Angus, Senior Planner, summarized the Agenda Report dated August 12, 1991. John Petrie, a partner in Sanderson -J. Ray Development, pointed -out the variety of uses for property surrounding the subject site, including high density residential and general commercial. He stated that one reason to allow a General Plan Amendment would be for the oppor- tunity to provide affordable housing within the City. Thomas Godley, Assistant Superintendent of the Newport- Mesa ewportMesa Unified School District, stated that the revenue generated from the sale or lease of real property can only be used for capital outlay, to improve current buildings; however, the intention is to take some of the proceeds and consolidate the administrative services of the District. Jan Luymes, 592 Park Drive, Costa Mesa, stated she had served on the General Plan Steering Committee and she expressed concern about this item, particularly the loss of open space which is needed for recreation purposes and to offset traffic pollution. The City Manager explained that one objective in the Master Plan of Parks is an identification of school sites, and determining their relationship to the total parks and open space system. The Senior Planner provided the General Plan schedule: Wednesday, August 21, 1991, Transportation Commission; Monday, August, 26, 1991, Planning Commission for a hearing on the Environmental Impact Report; and the first formal public hearing on the General Plan and the Final EIR, Planning Commission meeting of October 14, 1991. MOTION On motion by.Vice Mayor Genis, seconded by Council GPA Not Accepted Member Humphrey, and carried 5-0, staff was directed for Processing not to accept this General Plan Amendment request for processing. Mayor Hornbuckle received and filed the City Attorney's report, Opinion No. 91-10, dated August 14, 1991. OLD BUSINESS The Clerk presented, from the meeting of August 5, 1991, Appointment to appointment of a member to the Parks, Recreation Facili Parks Commission ties and Parkway Committee. Motion Failed A motion was made by Council Member Humphrey, seconded by to Carry Vice Mayor Genis, to appoint William Polder to the Parks Commission. The motion failed to carry 3-2, Council Members Hornbuckle, Buffa, and Erickson voting no. MOTION On motion by Vice Mayor Genis, seconded by Mayor Blaisure Appointed Hornbuckle, and carried 5-0, Diana Blaisure was appointed a member of the Parks Commission. OLD BUSINESS The Clerk presented, from the meeting of August 5, 1991, Job Center recommendations regarding the Costa Mesa Job Center. The City Manager presented the Agenda Report dated August 1, 1991, and requested Council's direction as to screening for proof of citizenship at the Job Center. The City Attorney referred to the Immigration Reform and Control Act stating it was geared to having the employer check citizenship, and he suggested the City post or notify employers of this obligation. Mark Korando, 582 Park Drive, Costa Mesa, stated that the numbers of laborers soliciting work in Lions Park has decreased since the residency requirement has been dropped from the Job Center. Carlos Quinta, 1940 Wallace Avenue, Costa Mesa, asked that the Job Center remain open, and stated it would be helpful if the English teachers be there every day. Eleanor Humphrey, 1684 Whittier Avenue, Costa Mesa, member.of the Human Relations Committee, spoke in favor of the Job Center being continued, stating it had helped alleviate social problems that had aggrevated many citizens. Richard Grisham, no address given, stated he has worked out of the Job Center for two years and now has a place to live, and his life is improving. Mitchell Valbuena, 465 Fair Drive, Costa Mesa, Director of Latinos for Costa Mesa, stated the Job Center is a positive endeavor for both the workers and those that employ them. MOTION On motion by Council Member Humphrey, seconded by Granted Additional Council Member.Erickson, and carried 5-0, Mr. Valbuena Time to Speak was granted an additional minute to speak. Mr. Valbuena stated the Job Center also assists other ethnic groups, and he encouraged the City not to screen for citizenship. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke on behalf of the Job Center and the good it does. Margery Fuller, 370 Broadway, Costa Mesa, responsible for providing English lessons at the Job Center, stated she felt it is a worthwhile pursuit. Roy Alvarado, 2619 Santa Ana Street, Costa Mesa, spoke in support of the efforts of the Job Center, and he noted that the workers are cooperative and contributing members of society. Phil Morello, 1715 -Samar Drive, Costa Mesa, stated he is against supporting the Job Center with taxpayers' dollars if there is no check for residency status. He then read from a prepared speech. Gloria Martinez, 3023 Killybrooke Lane, Costa Mesa, encouraged finding the funds to enable the services that the Job Center offers to continue. Albert Quintanilla, 126 East 18th Street, Costa Mesa, supported the Job Center because it provides a place for all individuals, men and women, Hispanic and Anglo, to seek employment, and he believes it is a better use of tax dollars than using them for Police personnel to enforce ordinances. Council Member Buffa clarified that it was never a question of closing the Job Center, merely finding the funds to continue to support the operation. MOTION A motion was made by Council Member Buffa, seconded by Job Center Funding Council -Member Humphrey, and carried 5-0, to continue Approved the efforts of the Job Center, and to take the funding from the Council Contingency Account. MOTION A motion was made by Council Member Humphrey, seconded Proof of Citizenship by Council Member Erickson, and carried 5-0, not to Not Required check for proof of citizenship at the Job Center but to post notices that employers are responsible for screening. Mayor Hornbuckle asked the City Manager to have staff check on the cleanliness of the Job Center. ADJOURNMENT At 12:30 a.m., Mayor Hornbuckle adjourned the meeting to Tuesday, August 20, 1991, at 6:30 p.m., to complete the remaining items on the agenda. -�I�dr Mayor oV the City of Costa Mesa ATTEST:. City Clerk of the City of Costa esa