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HomeMy WebLinkAbout09/03/1991 - City Council2 1 +� f+I REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA SEPTEMBER 3, 1991 The City Council of the City of Costa Mesa, California, met in regular session September 3, 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 Minister Andrew Wall, Church of Christ. ROLL CALL Council Members Present: Mayor Mary Hornbuckle Vice Mayor Sandra Genis Council Member Jay Humphrey Council Member Joe Erickson Council Members Absent: Officials Present: Council Member Peter Buffa City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Develop- ment Services Donald Lamm Public Services Director William Morris City Clerk Eileen Phinney MINUTES On motion by Council Member Humphrey, seconded by Vice August 19 and 20, Mayor Genis, and carried 4-0, the minutes of the 1991 regular meeting of August 19, 1991, and the adjourned regular meeting of August 20, 1991, were approved as distributed. ORDINANCES A motion was made by Council Member Humphrey, seconded by Vice Mayor Genis, and carried 4-0, to read all ordi- nances by title only. PROCLAMATION Mayor Hornbuckle read a proclamation declaring Septem- "Grandparents Day" ber 8, 1991, as "Grandparents Day", and presented the document to Terri Blake, who was instrumental in having the United States Congress set aside a.day in honor of grandparents. Cultural Arts Chuck Carr, Recreation Superintendent, announced that Educational Awards the annual Cultural Arts Committee Educational Achieve- ment Awards would be presented to individuals in the community for their contributions to the arts. Council Member Humphrey, Council liaison on the Commit- tee, announced the names of the recipients and gave a brief narrative on each person, and Mayor Hornbuckle presented the awards. The recipients were Harry and Grace Steele Foundation, Business Award; Richard Engle, Citizen Volunteer Award; Don Fox and Richard Smith, Educator Awards; and Kelli Pagnini, Lorina Villete, Peter Tran, Brandon Johnson, Kevin Rodi, and Nicole Oberreuter, Student Awards. ORAL Property owners and renters affected by the Baker Street COMMUNICATIONS Transportation System Management Study, between Bristol Street and Mesa Verde Drive, spoke about Council's Baker Street decision on August 5, 1991, to eliminate parking on Transportation the south side of Baker Street from McClintock Way to System Study College Avenue, and to install bike lanes along Baker Street. Several people stated that they had not been notified of the August 5 hearing. 13 w A communication was received from Dave Leighton, Presi- dent of the North Costa Mesa Homeowners Association, 1074 Redding Avenue, Costa Mesa, requesting Council to reconsider its previous decision. The following residents/property owners opposed the parking prohibition and bike lane installation on Baker Street because of the need for visitor and service vehicle off-site parking for tenants of the apartments on Baker Street, and to prevent those displaced vehicles from being parked on surrounding residential streets: Jeanette and George Turner, 1055 Harvard Avenue, Claremont, owners of apartments in the 1300 block of- Baker Street; Carm Gullo, 18943 Date Street, Fountain Valley, owner and manager of property on Baker Street; Antonio Mercado, 3040 Royce Lane, Costa Mesa, sub- mitted a petition containing 102 signatures of residents in the Halecrest development, requesting Council to rescind its previous action to prohibit parking in favor of installing a bike lane on Baker Street; Robert Lindsey, Post Office Box 3746, Visalia, owner of an apartment complex on Baker Street; Ron Store, 18966 Capense Street, Fountain Valley, owner of an apartment building at 1307 Baker Street; Nicholas Vetro, 1307-B West Baker Street, Costa Mesa; Nancy Alden, 3006 Royce Lane, Costa Mesa; Ms. Sig Jones, 17220 Newhope Street, No. 224, Fountain Valley, property manager for 13 buildings on Baker Street; Philip Cotton, 3001 Royce Lane, Costa Mesa; Greg Pyros, 274 Cecil Place, Costa Mesa, owner of an apartment complex on Baker Street; Charlie Gibbs, 3007 Royce Lane, Costa Mesa; Maria Martinez, Mission Viejo, owner of apartments on Baker Street; Margaret Peterman, 3002 Killybrooke Lane, Costa Mesa; George Lunt, 3096 Warren Lane, Costa Mesa; Laura Walters, 3040 Royce Lane, Costa Mesa; Gildardo Gomez, 3023 Murray Lane, Costa Mesa; Jean Paulo, 1387-B Baker Street, Costa Mesa; Diane McCardell, 2977 Ceylon Drive, Costa Mesa, owner of a triplex on Baker Street; George Goka, 1873 Rhodes Drive, Costa Mesa, owner of property on Baker Street; Dave Leighton, 1074 Redding Avenue, Costa Mesa, owner of property at 3105 Loren Lane in the Hillcrest area, and President of the North Costa Mesa Homeowners Association; and Nora Lusk, 3022 Donnybrook Lane, Costa Mesa. Amy Hoskins, 3017 Warren Lane, Costa Mesa, spoke about the danger of drivers pulling out from the curb on Fairview Road without looking for oncoming traffic. She asked Council to rescind its previous vote, and solve the parking problem instead of transferring it to the Halecrest area. John Feeney, 1154 Dorset Lane, Costa Mesa, felt it would be appropriate for Council to reconsider this matter. Vice Mayor Genis commented that the City has an ordi- nance which prohibits renting out garages separately from apartments, and she wondered whether this may be one of the problems here. She also stated that many people are using their garages for storage rather than for parking their vehicles, and this may be another major problem. She asked staff to investigate these issues. Council Member Erickson was in favor of conducting a new hearing and asked that staff investigate the possibility of having the bike lane routed through the alley. Council Members Hornbuckle and Humphrey indicated their willingness to rehear the Baker Street Study. The City Manager stated that a public hearing could be scheduled for the second meeting in October, 1991. Staff Directed to Mayor Hornbuckle directed staff to proceed with placing Schedule a Public this item on a future agenda, and requested that staff Hearing report on the issues raised by Council Members Genis and Erickson. Closed Meetings; Ernie Feeney, 1154 Dorset Lane, Costa Mesa, spoke on SOS Insurance three issues: the Mayor and City Manager holding a closed meeting with Chairpersons of various City commit- tees without advising the other Council Members; the Mayor's private luncheon with the President of the Fair Board after the City/Fair Board Liaison meeting had been cancelled because of litigation; and lastly, the Mayor's comments in a newspaper article regarding her having heard about the Share Our Selves insurance problem in 1990 before it became public. John Feeney also opposed the closed meeting with committee representatives. Historical Society Betty Beecher, 200 Magnolia Street, Costa Mesa, extended Annniversary an invitation from the Costa Mesa Historical Society to Celebration attend a barbeque and program to be held at Estancia Park on September 28, 1991, from 12:30 p.m. to 4:00 p.m., to celebrate the Society's 25th Anniversary and the dedication of the Diego Sepulveda Adobe. Mrs. Beecher stated that more information could be obtained from the Historical Society at 631-5918. Public Comments Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, spoke for General Plan about his written comments on the City's Environmental EIR Impact Report (EIR) for the General Plan and wanted assurances that it had been received by the appropriate department. The City Clerk responded that his letter was sent to the Planning Division for inclusion in the EIR. The City Manager clarified that all comments regarding the General Plan should be addressed to the City Clerk where copies are made for the City Council and the Planning Commission. Soffer Properties Sid Soffer, 900 Arbor Street, Costa Mesa, submitted a petition containing 100 neighbors' signatures, which was circulated by Chester Gamboni. It asserts that Mr. Soffer's property rights -are being violated by the City in regard to his collection of cars. Mr. Soffer related an incident involving 11 City employees inspecting his property on Bernard Street, and stated that he has not been able to find out if a problem exists. Arts Funding Mr. Soffer expressed his opposition to reducing funds for Police and Fire services while continuing to contribute City money to the Arts. CONSENT CALENDAR On motion by Council Member Erickson, seconded by Vice Mayor Genis, all Consent Calendar items were approved in one motion by the following roll call vote: AYES: Hornbuckle, Genis, Humphrey, Erickson NOES: None ABSENT: Buffa READING FOLDER On motion by Council Member Erickson, seconded by Vice Mayor Genis, and carried 4 -0, -the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Hondo Company, Incorporated; Mary Jane Reid; LeAnn Skeens; and Hector Mendoza Vasquez. Alcoholic Alcoholic Beverage License for which parking has been Beverage approved by the Planning staff: Norberto Nowydwor, License doing business as Picante, 1835 Newport Boulevard, Unit "D", Suite 155. Charges for Resolution from the City of Placentia opposing water Reduced Water company surcharges for reduced water consumption, and Consumption stating the intention to mount a strong campaign in opposition to the proposed charges. Telephone Resolution from the City of Mission Viejo supporting Equipment congressional legislation to permit local telephone companies to design, develop, and manufacture tele- communications software and equipment. VPJA RANTS On motion by Council Member Erickson, seconded by Vice Mayor Genis, Warrant Resolution 1501, including Payroll MOTION 9117, was approved by the following roll call vote: Warrant 1501 AYES: Hornbuckle, Genis, Approved Humphrey, Erickson NOES: None ABSENT: Buffa REJECTED CLAIMS On motion by Council Member Erickson, seconded by Vice Mayor Genis, and carried 4-0, the following claims were rejected: Armstrong Jerry Armstrong, regarding slurry seal damage to home and auto carpeting. Hall Richard G. Hall, concerning a slip and fall at the Mesa Linda Golf Course. Merzweiler John Merzweiler, alleging discrimination in issuing a jaywalking citation. ADMINISTRATIVE Bids received for Installation of Ducts and Ventilation ACTIONS System for the Pistol Firing Range, Project No. 91-09, are on file in the City Clerk's office. On motion by Y' Council Member Erickson, seconded by Vice Mayor Genis, Ducts and Ventila- the contract was awarded to C & E Engineering and tion at Pistol Construction, 2741 East Regal Park Drive, Anaheim, for Firing Range, $33,900.00. The motion carried by the following roll Project No. 91-09. call vote: AYES: Hornbuckle, Genis, MOTION/ Awarded to Humphrey, Erickson C & E Engineering NOES: None and Construction ABSENT: Buffa 1989-90 Parkway Bids received for 1989-90 Parkway Maintenance and Maintenance and 1990-91 New Sidewalk Construction, Project No. 91-08, 1990-91 New Sidewalk are on file in the City Clerk's office. On motion by Construction, Council Member Erickson, seconded by Vice Mayor Genis, Project No. 91-08 Fecit Strata Construction was relieved of its bid proposal pursuant to a provision in the Public Contracts MOTION Code, and the contract was awarded to B-1 Enterprise Awarded to B-1 Corporation, 9605 Business Center Drive, Suite "E", Enterprise Rancho Cucamonga, for $711,095.75. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Humphrey, Erickson NOES: None ABSENT: Buffa Tract No. 13224 The Public Services Director requested authorization to Refund of Cash refund an $8,000.00 cash deposit to Kaufman and Broad Deposit to Kaufman of Southern California, Incorporated, 5500 East Santa and Broad Ana Road, Anaheim, since street and storm drain improve- ments have been completed satisfactorily for Tract No. MOTION 13224 located at 1050 West 18th Street. On motion by Refund Approved Council Member Erickson, seconded by Vice Mayor Genis, the refund was approved by the following roll call vote: AYES: Hornbuckle, Genis, Humphrey, Erickson NOES: None ABSENT: Buffa Agreement with State Department of Transportation Victoria Street Widening MOTION Agreement Approved Agreement with Orange County Transportation Authority Victoria Street Widening MOTION Agreement Approved The Public Services Director recommended approval of an agreement with the State of California, Department of Transportation, for reimbursement of $404,879.00 to the City for landscaping in connection with the Victoria Street Widening Project. On motion by Council Member Erickson, seconded by Vice Mayor Genis, the agreement was approved, and the Mayor and City Clerk were author- ized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Humphrey, Erickson NOES: None ABSENT: Buffa The Public Services Director recommended approval of an agreement with the Orange County Transportation Author- ity, authorizing approval for Urban Mass Transportation Administration grant funding for bus turnouts and shelters for the Victoria Street Widening Project. On motion by Council Member Erickson, seconded by Vice Mayor Genis, the agreement was approved, and the Mayor and City Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Humphrey, Erickson NOES: None ABSENT: Buffa Imo', Amendment to Safety A motion was made by Council Member Erickson, seconded Employees Retirement by Vice Mayor Genis, to adopt Resolution 91-75, A Plan RESOLUTION OF THE CITY COUNCIL OF -THE CITY OF COSTA MESA, CALIFORNIA, AMENDING THE RETIREMENT PLAN FOR MOTION SAFETY EMPLOYEES OF THE CITY OF COSTA MESA, providing Resolution 91-75 for an increase in retirement benefits effective Octo- Adopted ber 1, 1991. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Humphrey, Erickson NOES: None ABSENT: Buffa Property Exchange The Public Services Director presented recommendations at 2155 arra 2159 for an exchange of property at 2155 and 2159 State State Street Street for the Victoria Street Widening Project, as detailed in the Agenda Report dated August 23, 1991. MOTION A motion was made by Council Member Erickson, seconded Resolution 91-76 by Vice Mayor Genis, adopting Resolution 91-76, A Adopted RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING A PORTION OF THE PROPERTY AT 2155 STATE STREET IS SURPLUS PROPERTY AND DECLARING ITS INTENTION TO DISPOSE OF SAID SURPLUS REAL PROPERTY. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Humphrey, Erickson NOES: None ABSENT: Buffa MOTION On motion by Council Member Erickson, seconded by Vice Agreement of Mayor Genis, an Agreement of Exchange with Abel and Exchange Approved Livier Benavidez, owners of property at 2159 State Street, was approved, and the Mayor and City Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Humphrey, Erickson NOES: None ABSENT: Buffa MOTION On motion by Council Member Erickson, seconded by Vice Authorized Execu- Mayor Genis, the Mayor and City Clerk were authorized tion of Grant Deed to execute a Grant Deed on behalf of the City, conveying a portion of the property at 2155 State Street to Abel and Livier Benavidez. The motion carried by the follow- ing roll call vote: AYES: Hornbuckle, Genis, Humphrey, Erickson NOES: None ABSENT: Buffa MOTION On motion by Council Member Erickson, seconded by Vice Approved Amendment Mayor Genis, an amendment to the Lease Agreement between to Agreement with the City and Costa Mesa City Hall and Public Safety, City Hall/Public Incorporated, to remove the lease encumbrance from the Safety Facilities, portion of land transferred to Benavidez, was approved, Incorporated and the Mayor and City Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Humphrey, Erickson NOES: None ABSENT: Buffa PUBLIC HEARING The City Clerk announced that this was the time and R-91-04 place set for the public hearing to consider Rezone Briggs/Reed Petition R-91-04, Briggs Development Corporation, 23046 Avenida De La 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. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Deputy City Manager/Development Services reviewed the Agenda Report dated August 28, 1991, stating that the applicant has concurrently submitted development plans for construction of 15 residential units, and a Vesting Tentative Tract Map for the lot subdivision. He reported that both actions are pending approval of the zone change. Discussion ensued regarding density bonus requirements, and whether the rezone could be considered equivalent to a density bonus. The Deputy City Manager pointed out that for the Bear Street Terrace project, the rezone was used as a density bonus; however, in this case, there is no application for a density bonus. He also mentioned that if the proposed project did not go forward, another applicant could come back at a later date and request a density bonus; however, he felt that was not likely to occur. Edward Briggs, authorized agent for the project, urged Council to approve his request so that he could proceed with improvement of the site and provide housing for under $200,000.00 per unit. He stressed the fact that he was not requesting a density bonus. Considerable discussion followed on whether or not a condition could be added to the Vesting Tentative Tract Map, providing for the rezone to be considered the density bonus for the project, in that final approval of the Map is dependent upon approval of Rezone Petition R-91-04. Vice Mayor Genis felt that the data provided by staff for "lot combination" guidelines were inade- quate, and suggested establishing a formal policy. The Deputy City Manager referenced Policy No. 115 of the new General Plan which addresses lot combinations. Council Member Humphrey preferred having the R3 zoning become the density bonus. Motion to Deny the A motion was made by Council Member Humphrey, seconded Rezone Failed to by Vice Mayor Genis, to deny Rezone Petiton R-91-04, Carry and to send the application back to the Planning Commis- sion to develop a program which will ensure that any future density bonuses would become a matter of choice by the Council or Planning Commission. Mayor Hornbuckle opposed the motion because she believed another way could be found to ensure that no density bonus is included. (After a substitute motion failed to carry, this motion also failed to carry 2-2, Council Members Hornbuckle and Genis voting no.) Vice Mayor Genis asked if Council could add a condition to the Vesting Tentative Tract Map since only the rezone appears on the Agenda. The City Attorney indicated that the rezone ordinance could be given first reading, and the Planning Commission directed to consider adding another condition to the Map. Substitute Motion Mayor Hornbuckle made a substitute motion to approve the to Approve R3 rezone to R3, and to request that the Planning Commis - Zoning Failed to sion reconsider the Vesting Tentative Tract Map, adding Carry a condition as stated by Council Member Humphrey relating the density bonus. The substitute motion was seconded by Council Member Erickson, but failed to carry 2-2, Council Members Genis and Humphrey voting no. Motion to Deny the A motion was made by Council Member Humphrey, seconded Rezone Failed to by Vice Mayor Genis, to deny Rezone Petition R-91-04, Carry and to have the applicant bring back the request at his convenience for whatever choices he has to make in the future. The motion failed to carry 2-2, Council Members Hornbuckle and Erickson voting no. Edward Briggs suggested continuing the public hearing and indicated that he would be agreeable to adding a condition to the Vesting Tenative Tract Map regarding density bonuses. MOTION On motion by Council Member Erickson, seconded by Continued to Council Member Humphrey, and carried 4-0, the public September 16, 1991 hearing was continued to the meeting of September 16, 1991. PUBLIC HEARING The City Clerk announced that this was the time and Source Reduction place set for the public hearing to receive comments on and Recycling the Preliminary Draft of the City of Costa Mesa Source Element Reduction and Recycling Element. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. Associate Planner Carol Proctor briefly reviewed her Agenda Report dated August 20, 1991, explaining that the Source Reduction and Recycling Element is a comprehen- sive waste management plan required by Assembly Bill 939. The report states that AB 939 requires every jurisdiction in California to divert wastes by 25 percent by 1995 and 50 percent by the year 2000. Vice Mayor Genis, referencing the Preliminary Draft dated July 29, 1991, requested that staff review and then provide Council with a clarification on the data in Table 3-21, Current Costa Mesa Residential Waste Stream, Page 3-8, which indicates 22 percent total generation, and the statement in Section 5.1, Goals and Objectives, "Upgrade existing recycling program to increase the diversion rate from 22 percent to a minimum of 25 percent". There being no public comments, the Mayor closed the public hearing. Vice Mayor Genis mentioned that if the City intends to limit the number of waste haulers, which she felt discourages free enterprise, she would not support the final document. RECESS The Mayor declared a recess at 8:45 p.m., and the meet- ing reconvened at 8:55 p.m. PUBLIC HEARING The City Clerk announced that this was the time and Density Bonus place set for the public hearing to consider an amend - for Senior and ment to the Municipal Code to establish incentives Affordable Housing (density bonus) which will be offered to develop afford- able or senior housing. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. Senior Planner Alice Angus summarized her Agenda Report of August 26, 1991, emphasizing that the California Government Code now requires each City to adopt an J MOTION Negative Declara- tion and De Minimis Finding Adopted; Ordinance 91-24 Given First Read- ing; Policy Adopted ordinance establishing a process for Bonus/Affordable Housing incentive requests. She reviewed the major concerns of the Planning Commission: (1) Density Bonus for Senior Projects; (2) Affordable Rates; and (3) Penalty Clause. She mentioned that the City Attorney reviewed the penalty clause issue and found that a reasonable penalty could be imposed as long as findings are incorporated in the ordinance, which has been done. The Senior Planner then answered questions from Council to -clarify some of the items contained in the proposed ordinance. Sid Soffer, 900 Arbor Street, Costa Mesa, questioned the City's authority regarding density regulations, and stated that he opposed low-cost housing. John Feeney, 1154 Dorset Lane, Costa Mesa, opposed the density bonus policy; however, he understood that the City must comply with State mandates. There being no other speakers, the Mayor closed the public hearing. A motion was made by Vice Mayor Genis, seconded by Council Member Humphrey, to approve the recommendations proposed in the Agenda Report of August 26, 1991: Adopted the Negative Declaration of Environmental Impact and the De Minimis Finding in regard to impact on fish and game; Gave first reading to Ordinance 91-24, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA AMENDING TITLE 13, CHAPTER II, ARTICLE 26 OF THE COSTA, MESA MUNICIPAL CODE TO ADD REGULATIONS AND PROCEDURES PERTAINING TO DENSITY BONUS AND OTHER INCENTIVES FOR THE PRODUCTION OF AFFORDABLE AND SENIOR HOUSING, with the following changes: Add the definition of "senior" by including the appropriate ages; remove Section 13-400(a)(7) on Page 12, and have staff do further research on this incentive; and Adopted the Council Policy on Density Bonus and Other Incentives. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Humphrey, Erickson NOES: None ABSENT: Buffa PUBLIC HEARING The City Clerk announced that this was the time and Abandonment of an place set for the public hearing to consider a resolu- 11.7-Foot Wide tion ordering the abandonment of an 11.7 -foot wide Easement at 161 easement at 161 Broadway. The Affidavit of Publishing Broadway and Posting are on file in the City Clerk's office. No communications were received. The Public Services Director reviewed the Agenda Report of August 21, 1991, and explained that the property owner has requested the City to vacate the subject easement so that his property will meet normal setback requirements. The Director reported that staff has evaluated the City's need for the easement and deter- mined it is not required for future right-of-way. There being no speakers, the Mayor closed the public hearing. 1 Ji MOTION On motion by Vice Mayor Genis, seconded by Council Resolution 91-77 Member Erickson, Resolution 91-77, A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ORDERING THE VACATION OF 11.7 FEET OF PROPERTY AT 161 BROADWAY, was adopted by the following roll call vote: AYES: Hornbuckle, Genis, Humphrey, Erickson NOES: None ABSENT: Buffa OLD BUSINESS The City Clerk presented three items regarding the Plaza Plaza Tower Project Tower project at 600 Anton Boulevard: Community Facility Second reading and adoption of Ordinance 91-22, levy - District No. 91-1 ing special taxes withing Community Facility District No. 91-1 (Plaza Tower Public Improvements); Housing Plan for Housing Plan for 600 Anton Boulevard (Plaza Tower); Plaza Tower and Agreement with Agreement with the City of Santa Ana for interim fire Santa Ana/Interim protection for the IBM/Plaza Tower office building. Fire Protection for Plaza Tower The Deputy City Manager/Development Services reported that the housing plan for 600 Anton Boulevard is essen- tially a compliance condition which was imposed for the original project, Planning Action PA-88-144/2one Excep- tion ZE-77-246A3. He stated that there was not a specific mitigation measure in the Environmental Impact Report mandating that housing shall be supplied; there- fore, the applicant has merely identified housing in the community and that should be sufficient to meet the condition. The City Attorney summarized his Report No. 91-54 which addresses the agreement with the City of Santa Ana to provide interim fire protection services for Plaza Tower pending completion of the Metro Fire Station. Vice Mayor Genis commented that future housing plans should be more complete. Malcolm Ross, 600 Anton Boulevard Associates, 3315 Fairview Road, Costa Mesa, was present to answer ques- tions; however, there were no inquiries from. Council. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, was concerned that the additional housing required by this project would cause increased densities and traffic. John Feeney, 1154 Dorset Lane, Costa Mesa, was opposed to the requirement for a housing plan. Sid Soffer, 900 Arbor Street, Costa Mesa, commented on the revenues that would be generated from the project, and asked if the City had enough money to man the new fire station. Mr. Soffer stated that revenues gener- ated by a project should be used in the same area in which that project is located. MOTION On motion by Council Member Erickson, seconded by Vice Ordinance 91-22 Mayor Genis, Ordinance 91-22, AN ORDINANCE OF THE CITY Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, LEVYING SPECIAL TAXES WITHIN CITY OF COSTA MESA COMMUNITY FACILITY DISTRICT NO. 91-1 (PLAZA TOWER PUBLIC IMPROVE- MENTS), was given second reading and adopted by the following roll call vote: L - AYES: Hornbuckle, Genis, Humphrey, Erickson NOES: None ABSENT: Buffa MOTION On motion by Council Member Erickson, seconded by Mayor Housing Plan Hornbuckle, and carried 4-0, the housing plan for Plaza Accepted and Filed Tower was accepted and filed. MOTION On motion by Council Member Erickson, seconded by Vice Agreement with Mayor Genis, the agreement with the City of Santa Ana Santa Ana Approved. for interim fire services was approved, and the Mayor and City Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Humphrey, Erickson NOES: None ABSENT: Buffa OLD BUSINESS The City Clerk presented Ordinance 91-23 for second Parking by Permit reading and adoption. The ordinance relates to parking on Public Streets by permit on public streets. The City Attorney reported that the ordinance is the same as that presented for first reading except any references to "fee requirements" were deleted per Council's request. MOTION On motion by Council Member Humphrey, seconded by Vice Ordinance 91-23 Mayor Genis, Ordinance 91-23, AN ORDINANCE OF THE CITY Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 10-221.2 OF THE COSTA MESA MUNICIPAL CODE RELATING TO PARKING BY PERMIT ON PUBLIC STREETS, was given second reading and adopted by the following roll call vote: AYES: Hornbuckle, Genis, Humphrey, Erickson NOES: None ABSENT: Buffa OLD BUSINESS The City Clerk presented from the adjourned meeting of Fairview Park August 20, 1991, a request to appoint two members to Committee the Fairview Park Committee. MOTION On motion by Vice Mayor Genis, seconded by Council Velasco and Webber Member Erickson, and carried 4-0, Steven M. Velasco Appointed Members; and Lisa Marks Webber were appointed as members to the Gielow Appointed Fairview Park Committee; and Judith M. Gielow was Alternate appointed as an alternate member with the understanding that Ms. Gielow shall fill the next vacancy on the committee. OLD BUSINESS The City Clerk presented a request to remove the rumble Rumble Strips on strips on East 19th Street. East 19th Street The Public Services Director summarized staff's Agenda Report dated August 20, 1991, which provides a back- ground on the decision to install rumble strips on East 19th Street to curtail vehicular speeds. He stated that there are now two sets of rumble strips along that street between Tustin and Irvine Avenues, and five other locations were scheduled for rumble strips prior to Council's direction to suspend further work. The Director reported that speed surveys conducted by staff reveal that no significant speed reduction has been achieved due to installation of rumble strips. 1 �,. , 33 Richard Pearlman, 437 East 19th Street, Costa Mesa, recommended removing the rumble strips since they have not helped to reduce vehicular speeds; and requested that staff search for effective traffic management programs for the entire City. He requested that Council downgrade East 19th Street from a secondary arterial to a residential street. Bob Hoffman, 360 East 19th Street, Costa Mesa, reported that residents in the East 19th Street area have estab- lished a homeowners association, and spoke in support of removing the rumble strips. Mr. Hoffman submitted a letter from Jeffrey McConville, 466 East 19th Street, Costa Mesa, requesting that the rumble strips be removed because they are a safety hazard, and because traffic volume, not traffic speed, is the problem. Sid Soffer, 900 Arbor Street, Costa Mesa, commented that rumble strips are too noisy, and commended the City for its prompt attention to the traffic problems on East 19th Street. Vice Mayor Genis referred to staff's Agenda Report which indicates the average speed on East 19th Street is approximately 37 miles per hour, and the street is posted at 25 miles per hour. Based on that data, she felt more traffic enforcement may be required. Council Member Humphrey reported on the complaints he has received -about heavy truck traffic. Mayor Hornbuckle directed the City Manager to provide an update on traffic enforcement on East 19th Street. MOTION A motion was made by Council Member Humphrey, seconded Remove Rumble Strips by Council Member Erickson, and carried 4-0, directing and Suspend Further staff to remove the existing rumble strips on East 19th Installation Street and to suspend further installation. OLD BUSINESS The City Clerk presented from the adjourned meeting of Appeal from August 20, 1991, an appeal of "Notice and Order" issued Crampton to Helen Crampton for repair or demolition of a hazard- ous masonry wall at 308 Flower Street. On motion by MOTION Council Member Humphrey, seconded by Vice Mayor Genis, Continued to and carried 4-0, this item was continued to the meeting September 16, 1991 of September 16, 1991, as recommended by staff. NEW BUSINESS The City Clerk presented a recommendation from the Cable Television Cable Television Committee concerning allocation of Committee cable grant funds. The City Manager reported that the grant request from Eugene Murphy for Costa Mesa and Estancia high schools football was withdrawn. In addi- tion, he stated that a request was received to continue the "Seniors for the 21st Century" grant request. Council Member Humphrey announced that he would be abstaining from voting on this item. MOTION A motion was made by Council Member Erickson, seconded Murphy Request by Vice Mayor Genis, to withdraw the request from Withdrawn; Seniors' Eugene Murphy, and to continue the seniors' request to Request Continued the meeting of September 16, 1991. The motion carried to September 16, 3-0, Council Member Humphrey abstaining. 1991 Mayor Hornbuckle reported that she and Council Member Humphrey serve as liaison members on the Senior Citizens Corporation Board of Directors by appointment of the City Council. She asked the City Attorney to provide an opinion when this item comes back on the September 16 Agenda, as to whether or not she and Council Member Humphrey should be abstaining on any matter involving the Corporation. NEW BUSINESS The City Clerk presented a request from Vice Mayor Genis Cultural Arts for Council reconsideration of Cultural Arts funding. Grants Mayor Hornbuckle announced that there will be no public input on this item since it merely requires a Council decision on whether or not reconsideration will be given to its previous action regarding Cultural Arts funds. Vice Mayor Genis reported that Cultural Arts funds were approved on the first day of the new fiscal year, July 1, 1991; and thereafter, staff discovered that the City would lose approximately $677,000.00 in projected revenues, and a bill was received from the County of Orange for $115,000.00 in jail booking fees for 1990-91, which was not included in the current City Budget. She mentioned that the City Manager was given authority to freeze nonessential spending; however, she did not believe it was fair for him to make a decision on such a controversial item. Vice Mayor Genis stated that in light of the fact that City departments are being asked to make further reductions in their budgets, and police and fire services may be affected, she would like to hold distribution of all or half of the Cultural Arts allocation until it has been determined that funds for essential services are available. Motion to Reconsider A motion was made by Vice Mayor Genis, seconded by Cultural Arts Fund- Council Member Erickson, to reconsider Cultural Arts ing Failed to Carry funding. After Council discussion; the motion failed to carry 2-2, Council Members Hornbuckle and Humphrey voting no. Council Member Erickson suggested the possibility of establishing a separate fund for cultural arts, for example, using cable television money to film certain art activities, with the provision that any filmed art activities shall be funded with cable money. He also commented that if the City has excess cable television money which is not being used, perhaps cable television rates should be reduced. Council Member Humphrey opposed the motion, stating that there are educational programs supported by the cultural arts funds. Mayor Hornbuckle also opposed the motion because she felt it would be a disservice to the community if it could not rely on Council decisions. She mentioned that at the time Council reviews the budget again, cultural arts funds will not be immune from being reduced in next year's budget. NEW BUSINESS The City Clerk presented a request to fill a vacancy on Substance'Abuse the Substance Abuse Committee, and to provide $2,500.00 Committee Appoint- funding support for Red Ribbon Week. The City Manager ment; and Funds for summarized the Agenda Report dated August 29, 1991, Red Ribbon Week which provides detailed information on the subject requests. He recommended taking the money from the Asset Forfeiture Fund if Council were to approve the request. Ron Schoenmehl, 3201 Iowa Street, Costa Mesa, represent- ing the Substance Abuse Committee, reported on the activities for which the funds will be used during Red Ribbon Week, and explained that $2,000.00 is earmarked for use of a hot air balloon for the Red Ribbon Festival. He stated that the $500.00 which has been allocated in the 1991-92 City Budget will be sufficient for other activities throughout the year because outside donations are received by the committee for various activities. Mr. Schoenmehl also explained that the reason for hold- ing the festival at Mesa Verde Shopping Center, rather than at a public park, was because of ample parking, central location, and the advantage of using a site where crowds are usually gathered. MOTION On motion by Council Member Humphrey, seconded by Acker Appointed Council Member Erickson, and carried 4-0, Gary Acker as Member; was appointed to the Substance Abuse Committee, and Laine Appointed Dana Laine was appointed as an alternate member. as Alternate Sid Soffer, 900 Arbor Street, Costa Mesa, asked about "Red Ribbon Week", and Mayor Hornbuckle responded that it is a program educating children on resisting drug and alcohol abuse. MOTION A motion was made by Council Member Humphrey, seconded Allocation of by Council Member Erickson, approving an allocation of $2,500.00 Approved' $2,500.00 to the Substance Abuse Committee for Red Ribbon Week, stipulating that the money shall be taken from the Drug Forfeiture Fund. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Humphrey, Erickson NOES: None ABSENT: Buffa Mayor Hornbuckle mentioned that terns of office for several members on the Substance Abuse Committee have expired and recommended that this matter be scheduled for a future Agenda. CITY MANAGER The City Manager presented his request for a committee REPORT formation application to establish an Ad Hoc Fiscal Ad Hoc Fiscal Review Committee. He referred to his Agenda Report of Review Committee August 30, 1991, which explains that the idea of an Ad Hoc Steering Committee was to have the group serve as a "sounding board" to the City Manager and Finance Director in evaluating budget reductions. In addition, the report states that the committee is intended to be advisory to the City Manager in preparation for recom- mendations to the full City Council. The City Manager reviewed the recommendations contained in his report regarding the makeup of the committee. Mayor Hornbuckle commented that since the committee is to be advisory to the City Manager and Finance Director, she saw no need for Council to approve his appointees, and suggested that Council could approve the plan in concept. John Feeney, 1154 Dorset Lane, Costa Mesa, stated that when the cutbacks were recommended a few months ago, the figure was approximately 9 percent over two years; however, he found that the City Manager's report indi- cates a cutback of approximately 12 percent. He asked if this would be an across-the-board reduction for all City departments. The City Manager responded that no definite decisions have been made on reductions. He explained that he has set target figures for departments in making their recommendations for reducing expendi- tures, and the Council will make the final decision. Mr. Feeney stated that to give $1715000.00 to special interest groups and talk about cutbacks for the Police Department is irresponsible. Council Member Erickson commented that the intent is not to cut service levels but to find more efficient ways to operate each department. The City Manager explained 'Ja that if the budget cannot be reduced down to the desired level, services may be reduced, but that is not specific to any particular department. Sid Soffer, 900 Arbor Street, Costa Mesa, was opposed to the method in which funds were being allocated, suggesting that public safety programs should have priority. MOTION A motion was made by Council Member Erickson, seconded Approved Formation by Council Member Humphrey, approving the formation of of Ad Hoc Fiscal an Ad Hoc Fiscal Review Committee as described in the Review Committee Agenda Report of August 30, 1991, stipulating that the City Manager shall proceed with selection of committee members without bringing it back to Council. The motion carried 4-0. COUNCIL MEMBERS Council Member Erickson announced that Wednesday night, COMMENTS September 4, at 7:00 p.m., the Transportation Commission Pedestrian Crossing would be reviewing the pedestrian crossing between at Mariners School Eastside Costa Mesa and Mariners School. He Stated that he saw this as a health and safety issue, and he hoped funds would be found to implement any safety programs recommended by the Transportation Commission. Uniform Building Vice Mayor Genis referred to the Uniform Building Code Code which was discussed at the last Council meeting, specifically, providing for residential inspections when there was a transfer of property, if the purchaser of the property so desired. She suggested having the same opportunity available to renters. Meetings of Mayor Hornbuckle stated that she. -.had no problem with Individual Council a Council Member meeting with anyone at anytime because Members it is the duty of Council to provide information and to communicate with members of the community; however, she would have a problem if members of`the Council represented themselves to those groups as speaking for the City or for the Council. She also commented that she is pleased to hear that other members of the Council meet with members of the community because it is very important to do so. ADJOURNMENT The Mayor declared the meeting adjourned at 11:00 p.m. Mayor o the City of Costa Mesa ATTEST: City Clerk of the City of Costa esa