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HomeMy WebLinkAbout10/07/1991 - City Council[1 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA OCTOBER 7, 1991 The City Council of the met in regular session the Council Chambers o: Mesa. The meeting was followed by the Pledge Invocation by Chaplain Hospital -Presbyterian. City of Costa Mesa, California, October 7, 1991, at 6:30 p.m., in City Hall, 77 Fair Drive, Costa called to order by the Mayor, of Allegiance to the Flag, and Lloyd Sellers, Hoag Memorial 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 MINUTES On motion by Council Member Humphrey, seconded by September 16, 1991 Council Member Buffa, and carried 5-0, minutes of the regular meeting of September 16, 1991, were approved. 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. PRESENTATIONS Mayor Hornbuckle read a letter of commendation which Costa Mesa Freeway she presented to those people whose cooperation during construction of the Costa Mesa (55) Freeway from Fair. Drive to Wilson Street helped to mitigate the impact of construction in the area: Frank Weidler and Joe Hecker, California Department of Transportation, District 12, 2501 Pullman Avenue, Santa Ana; Randy Garell, President, Costa Mesa Downtown Merchants Association, 1750 Newport Boulevard, Costa Mesa; and Kathy Bell, Director of Community Relations, Frank Wilson and Associates, 23332 Mill Creek Drive, Suite 115, Laguna Hills. ORAL COMMUNICATIONS John Feeney, 1154 Dorset Lane, Costa Mesa, submitted 49 copies of a report from South Coast Repertory (SCR) on SCR's Report on 1990-91 cultural arts grants expenditures. He pointed Spending Arts out that 85 percent of the money was spent on fees and Grant Funds salaries. Mr. Feeney mentioned that SCR had assured the City Attorney that these funds would be kept in a separate account, and that the City would receive a detailed report on how those funds were spent. Mr. Feeney noted that the SCR report indicates that City funds were comingled with funds from other sources. The City Manager stated that, with Council's permission, this matter would be investigated by staff and the Finance Department. Request to Allow a Hugo Hunziker, owner of Rent -A -Chef, a catering service, Catering Business 766 West 19th Street, Costa Mesa, requested that Council in the Transition consider his request to relocate his business to 874 Zone West 19th Street, which is located within the Transition Zone. Because "catering" is not listed as a permitted 49 Directed Staff to use in this area, Mr. Hunziker asked that iy be added to Place the Request the list of uses allowed in that zone. The City Manager on the October 21, was directed to place this item on the Council Agenda 1991, Agenda for October 21, 1991. Sid Soffer, 900 Arbor Street, Costa Mesa, supported Mr. Hunziker's request. Street Improvements Janice Davidson, 1982 Arnold Avenue, Costa Mesa, stated that she received a letter from the City in response to her complaint about the condition of certain streets on the west side. She did not agree with staff's statement that Charle Street still has its structural integrity. She urged Council to have the improvements made in the near future because she believed the street to be unsafe in its present condition. MOTION On motion by Council Member Humphrey, seconded by Granted Additional Council Member Buffa, and carried 5-0, Ms. Davidson Time to Speak was granted additional time to speak. Water Rates Ms. Davidson reported on the Mesa Consolidated Water District meetings she attended in regard to the District's intention to increase water rates. She expressed her opposition to the proposed increase, and was advised by Mayor Hornbuckle to lodge her complaint with the Water District Board of Directors. Rest Rooms in Robert Graham, 2865 Chios Road, Costa Mesa, stated that City Parks he was happy to see that rest rooms had been installed at Fairview Park and asked whether the same would be done at Canyon Park. The Mayor indicated that rest rooms were not in the plans for Canyon Park. Estancia Park Mr. Graham also reported on the poor condition of the stairways at Estancia Park. Mayor Hornbuckle directed the City Manager to provide a report to Council and Mr. Graham on this issue. Undergrounding Mr. Graham felt that the City's General Plan did not Utilities adequately address undergrounding utilities throughout the City. Mayor Hornbuckle directed the Deputy City Manager/Development Services to include Mr. Graham's comments in the General Plan. Ned West Lawsuit Rusty Lusk, 947 Serra Way, Costa Mesa, referred to the Ned West lawsuit, listed under City Attorney Reports. He stated that any,assistance the City could provide on the Amicus Brief requested by the homeowners would be greatly appreciated. Council Chambers Sid Soffer, 900 Arbor Street, Costa Mesa, complained Audio System about the poor audio system in the Council Chambers. Amburgey Lawsuit Sid Soffer referred to the Amburgey lawsuit, listed under City Attorney Reports. He asserted that those who harmed Mr. Amburgey should pay the damages, not the taxpayers. CONSENT CALENDAR On motion by Council Member Buffa, seconded by Council Member Erickson, and carried 5-0, all items on the Consent Calendar were approved in one motion by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None 1 1 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: Kevin Brouelette on behalf of Christopher Brouelette, a minor; Cesar Carbajal; Stephanie Devillez, individually, and by and through her legal guardian, Janet Devillez; Hermios Kibin Jr.; Lejjena Lejjena; Frances Jeanne Martin; Joan McDonough; W. D. Sharer; Clive H. Tillotson; and Application for Leave to Present a Late Claim from Leopoldo Barraza Pena. Alcoholic Alcoholic Beverage License for which parking has been Beverage approved by the Planning staff: Kaykavoos and License Shahrzad Mostowfi, doing business as Alvand Market, 3033 South Bristol Street, Suite G; Celebration Vine- yards, Limited, doing business at 1113 Baker Street, Unit E; Deborah Lee Gale, doing business as The Hide - Away, 1548 Adams Avenue, Suite F; Majid A. and Samira Shounia, doing business as Qwik Korner, 612 Baker Street; Maria E. and Rufino A. Racanac, doing busi- ness as Super Imperial Market, 517 West Wilson Street; Peggy S. and Thomas T. Tunstall, doing business at 145 East 19th Street; and Alexandros, Incorporated, doing business as Zorba's Cuisine of Greece, 580 Anton Boulevard, Building No. 1, Store 101. Public Notice from the California Public Utilities Commission Utilities advising that Southern California Edison Company has Commission filed Application Nos. 90-12-018 (NOI 90-10-001) and 90-08-066 concerning Phase II of Edison's 1992 general rate case. Stop Signs at Letter from Kate DiDcmenico, 3082 Gibraltar Avenue, Labrador and Costa Mesa, requesting Council to consider installa- Baker tion of four-way stop signs at Labrador Drive and Baker Street. SET FOR PUBLIC HEARING Certificate of Public Convenience and Necessity for South Coast Cab MOTION Hearing Set for October 21, 1991 MOTION Warrants 1503 and 1504 Approved ADMINISTRATIVE ACTIONS Commercial Lease with Dow Diversified for the Job Center MOTION/Approved Lease Extension On motion by Council Member Buffa, seconded by Council Member Erickson, and carried 5-0, the following item was set for public hearing on October 21, 1991, at 6:30 p.m., in the Council Chambers of City Hall: Request from Savvas Roditis, doing business as South Coast Cab Company, 12918-A Haster Street, Garden Grove, for a Certificate of Public Convenience and Necessity to operate a taxi cab service within the City of Costa Mesa. On motion by Council Member Buffa, seconded by Council Member Erickson, Warrant Resolutions 1503 and 1504, includ- ing Payrolls 9119 and 9120, respectively, were approved by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Staff recommended approval of a one-year extension of the Commercial Lease with Dean L. Dow, Dow Diversified, Incorporated, 1679 Placentia Avenue, Costa Mesa, for the facilities at 1697 Placentia Avenue, for the Costa Mesa Job Center. On motion by Council Member Buffa, seconded by Council Member Erickson, the lease extension 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, Buffa, Humphrey, Erickson NOES: None ABSENT: None Construction of Bids received for Construction of the Driving Range, Driving Range and and Installation of Irrigation on the Driving Range Installation of and at Three Holes at the Costa Mesa Golf and Country Irrigation at the Club are on file in the City Clerk's office. On motion Costa Mesa Golf by Council Member Buffa, seconded by Council Member Course Erickson, the contract was awarded to Horticultural Industries,.Incorporated, Post Office Box 768, Rosemead, MOTION for $266,149.00. The motion carried by the following Awarded to roll call vote: Horticultural AYES: Hornbuckle, Genis, Buffa, Industries Humphrey, Erickson NOES: None ABSENT: None PUBLIC HEARING. The City Clerk announced that this was the time and Appeal of.PA--88-116 place set for the public hearing to consider an applica- Howell/Island tion from Gregory Howell, 1500 Newport Boulevard, Costa Trader Mesa, representing Island Trader, appealing Conditions of Approval for Planning Action PA -88-116, for a Condi- tional Use Permit to allow a restaurant (Island Trader) in a commercial building within 200 feet of a residen- tial area, located at 1500 Newport Boulevard, in a C2 zone. Environmental Determination: Negative Declara- tion. The Affidavit of Mailing is on file in the City Clerk's office. The following communications were received: letter from Gregory B. Howell, Island Trader, requesting a continuance to November 4, 1991; and a letter from John Gyorkos, attorney for Island Trader, requesting a 30 -day continuance. The Deputy City Manager/Development Services reviewed the Agenda Report dated September 30, 1991, and men- tioned that staff began receiving numerous complaints about disturbances caused by disruptive bar patrons of Island Trader. During his presentation, Gregory Howell, Island Trader, asserted that staff's analysis is not accurate, and maintained that proposed Condition of Approval No. 11 contained in the Agenda Report was invalid. He claimed that complaints received by the City were merely a few citizens' exaggerations. Mr. Howell reported that he surveyed the area, and will provide Council with over- whelming community support for the operation as it currently exists. Council Member Erickson asked for a report from Costa Mesa Police Lieutenant James Watson regarding police calls from neighbors regarding Island Trader's patrons. Lieutenant Watson confirmed that police calls have. increased in the past 18 months. During discussion, Assistant Planner Steven Clarke answered questions from Council on the results of his inspection of the subject site. Mr. Howell confirmed that he wished to have the public hearing continued for 30 days. Susan Sturgis, 3411 East 15th Street, Newport Beach, which is across the street from Island Trader, sub- mitted documentation of 40 incidences of disturbing the peace by Island Trader customers since April, 1991. Jerry Tucker, 466 Flower Street, Costa Mesa, owner of property at 508 North Newport Boulevard, Newport Beach, spoke about Island Trader customers trespassing on his 11 t.�35g7 . property, and commented that Mr. Howell has not been able to control his clientele. MOTION On motion by Council Member Humphrey, seconded by Granted Additional Council Member Erickson, and carried 5-0, Mr. Tucker Time to Speak was granted additional time to speak. Mr. Tucker referred to a letter to Mr. Howell from the Alcoholic Beverage Control dated May 22, 1991, regarding noise complaints from nearby residents. Mr. Tucker urged Council to revoke the Conditional Use Permit. Tim Goodman, 507 Orange Avenue, Newport Beach,.stated that Mr. Howell has not been able to mitigate the nuisance created by his business, and suggested that the Conditional Use Permit be revoked. Gloria Kohler, Ocean Breeze Children's Center, 190 East 15th Street, Costa Mesa, reported that the disturbances from the Island Trader increased considerably last spring, when the business became primarily a bar rather than a restaurant. Charles Clow, 1672 Tustin Avenue, Costa Mesa, co-owner of property at 1509 Orange Avenue, stated that he moved from the Orange Avenue residence because of the noise and traffic problems caused by Island Trader patrons. He asked that the Conditional Use Permit be revoked. Joe Broten, 1513 Orange Avenue, Costa Mesa, described the problems he has had with inebriated patrons of the subject business. He also asked Council to revoke the permit. Patricia Jorgensen, 1672 Tustin Avenue, co-owner of property at 1509 Orange Avenue, reported that the inside of the Island Trader has been changed considerably, and resented Mr. Howell's comment that property owners were exaggerating. Monika Sloan, 507 Orange Avenue, Newport Beach, owner of property at 3411 East 15th Street, Newport Beach, commented that her tenants are moving because of the noise created by bar patrons, and was concerned about being able to lease that property under the conditions that exist in the neighborhood. Sid Soffer, 900 Arbor Street, Costa Mesa, commented that these problems exist only because the City has permitted commercial zones to be adjacent to residential properties. Steven Park, 1944 Church Street, Costa Mesa, reported that he had been in the Island Trader on many occasions and had never seen anyone eating in the restaurant area. Vice Mayor Genis preferred taking action this evening so this issue would not be drawn out with additional requests for continuances; -however, she felt that Mr. Howell's attorney should have an opportunity to respond to staff's report. MOTION A motion was made by Vice Mayor Genis, seconded by Continued to Council Member Humphrey, to continue the public hearing October 21, 1991 to October 21, 1991, noting that there is no interest in continuing this matter beyond that date. Council Member Humphrey emphasized that he wanted final action taken at the October 21 meeting. Council Member Erickson would not support a continuance unless Mr. Howell agreed to comply with the new Condition of Approval immediately. Mayor.Hornbuckle supported the motion since it has been a custom to allow the first request for continuance. Council Member Buffa stated that because Mr. Howell has had ample time to mitigate the problems, he would not support the motion. The motion carried 3-2, Council Members Buffa and Erickson voting no. RECESS The Mayor declared a recess at 8:25 p.m., and the meet- ing reconvened at 8:35 p.m. PUBLIC HEARING The City Clerk announced that this was the time and Council Review of place set .for the public hearing to review Vesting VT-14158/Tuttle Tentative Tract Map VT -14158, approved by the Planning Development Commission September 10, 1991,, for Tuttle Development Company, 3185-D Airway Avenue, Costa Mesa, for a 16 -lot subdivision (includes one conunon lot), for a previously approved 15 -unit residential condominium project (Development Review DR -91-33) at 2016-2028 Santa Ana Avenue, in an R2 zone. Environmental Determination: Negative Declaration. The Affidavit of Mailing is on file in the City Clerk's office. No communications were received. Vice Mayor Genis stated that she requested Council review because of her concern about insufficient park- ing, traffic impacts, and adequate access for emergency vehicles. The Deputy City Manager/Development Services summarized the Agenda Report dated September 30, 1991. Council Member Erickson suggested imposing a Condition of Approval stipulating that garages shall be used for vehicle parking. Howard Tuttle, Tuttle Development Company, stated that the project is consistent with the General Plan, and that it is similar to other projects previously approved by the City. He pointed out that no variances are required and there are no significant traffic impacts. Mr. Tuttle reported that using garages only for parking of vehicles will be addressed in the CC&R's for the site, and that parking will be prohibited in front of the garages. Carlos Gomez, representing Tuttle Development_ Company, responding to questions from Mayor Hornbuckle and Vice Mayor Genis, stated that the Costa Mesa Fire Department approved the map as submitted. Heather Somers, 313 Robin Hood Lane, Costa Mesa, repre- senting homeowners and residents near the subject site, read a prepared statement outlining the reasons for opposing the 15 -unit condominium project: "It would greatly diminish their privacy level; the noise level will be greatly heightened due to increased population and it is likely the noise level will be heightened for a possible one to two years during construction of such a large-scale project; the traffic increase would be greater than 60 to 100 car trips per day to an,already crowded intersection and through streets; the size and density design of'these units will encourage a more transient clientele, thus creating an even greater increase in traffic flow, noise level, and does not encourage stable families to live there; parking for a complex of this size will be excessively congested and create an overflow situation on Santa Ana Avenue and other side streets, thus limiting the availability to existing local residents and their guests; the size and density of these proposed units would lower the 1 property values of surrounding single-family resi- dences, whereas by building larger, single-family residences, it would maintain the integrity and inher- ent value of our neighborhood." Other Costa Mesa residents who spoke in opposition to the project were Robert Anthony, 259 East 21st Street; Marilyn Tyler, 309 Robin Hood Lane; Roger Lee, 2009 Santa Ana Avenue; Michele Pennington, 274 Sherwood Street; Howard Lenhoff, 304 Robin Hood Lane; and Bob Dugan, 266 Robin Hood Lane. There being no other speakers, the Mayor closed the public hearing. Council Member Humphrey stated that 10 units should be the maximum allowed, and felt that the parking standards are not adequate for these types of developments. Motion to Deny the A motion was made by Council Member Humphrey, seconded Map was Superseded by Vice Mayor Genis, to deny Map VT -14158. by Substitute Motion Council Member Buffa stated that density is not the issue in this case since the applicant could build 15 apartment units in the R2 zone without approval by Council. He pointed out that this developer is offering owner -occupied housing, something the Council has been promoting all along. He also commented that it is no longer economically feasible to build 2,000 -square -foot homes on 6,000 -square -foot lots. Vice Mayor Genis stated for the record that while Council Member Buffa has indicated that the era of the 2,000 -square -foot home on 6,000 -square -foot lot is over, this project contains 1,944 -square -foot and 2,096 - square -foot homes on 2,000 -square -foot lots, and if the issue is affordability, many similar types of units are selling for $350,000.00. Council Member Erickson felt it would be unfair to to delay action on this request because the applicant has complied with existing City standards. He agreed with a letter from Planning Commission Chairman Clarke which suggests adopting an urgency moratorium ordinance so that standards for open space and coverage can be reviewed. Council Member Erickson mentioned that this property has been zoned R2 for many years, and he was sorry that the neighbors were not aware of that. SUBSTITUTE MOTION A substitute motion was made by Council Member Buffa, Map Approved seconded by Council Member Erickson, to uphold approval of Vesting Tentative Tract Map VT -14158, adding a condi- tion to ensure that the CC&R's for the project will contain a requirement that enclosed garages shall be used for parking, and that garage door openers shall be provided. Mayor Hornbuckle commented that she would support the motion because the property is in the R2 zone and meets those standards, and no variances were required. She stated that it would be a disservice to deny the request when the developer has met existing standards. The motion carried 3-2, Council Members Genis and Humphrey voting no. Directed City Discussion ensued regarding the possibility of adopting Attorney to Draft an urgency ordinance, and specifying for the City Urgency Ordinance Attorney, the standards which Council wished to have reviewed. Council Member Erickson requested review of the parking standards, usable open space, lot coverage 56 for individual units, and traffic circulation. He suggested to the applicant that if there were a way for him to improve his site plan to provide more open space, it would be beneficial to do so. Vice Mayor Genis stated that when a substandard access is provided, there is a recurring problem of people parking in any side , area available, blocking access for emergency vehicles. At the suggestion of the City Manager, Council agreed to have the City Attorney draft an urgency moratorium ordinance so that there would be ample time to review existing standards. PUBLIC HEARING The City Clerk announced that this was the time and Police Responses place set for the public hearing to consider an ordi- at Large Parties nance adding Chapter IX to Title 11 of the Costa Mesa Municipal Code pertaining to police services at large parties, gatherings, or events on private property. Council Member Buffa announced that he would abstain from voting on this item. The City Attorney reviewed his Report No. 91-55A as well as the proposed ordinance as amended. He noted a typographical error in the ordinance on Page 2, Section 11-164(a). After the words "social activity", the remainder of that section should read: "on private residential and commercial property, including but not limited to residential dwelling units and backyards, saloons, bars, nightclubs, pool halls, restaurants, theatres, amphitheatre, or fairgrounds". Jerry Zimmerman, 420 Costa Mesa Street, Costa Mesa, requested clarification of the ordinance, and the City Attorney answered his questions. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Humphrey, seconded by Vice Ordinance 91-26 Mayor Genis, Ordinance 91-26, AN ORDINANCE OF THE CITY Given First Reading COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING CHAPTER IX TO TITLE 11 OF THE COSTA MESA MUNICIPAL CODE PERTAINING TO POLICE SERVICES AT LARGE PARTIES, GATHER- INGS OR EVENTS ON PRIVATE PROPERTY, including the correction of Section 11-164(a) as stated by the City Attorney, was given first reading and passed to second reading by the following roll call vote: AYES: Hornbuckle, Genis, Humphrey, Erickson NOES: None ABSENT: None ABSTAINING: Buffa PUBLIC HEARING On motion by Council Member Humphrey, seconded by Standards for Council Member Erickson, and carried 4-0, Council Member Walls and Fences Buffa absent, the following public hearing was continued to the meeting of October -21, 1991, as recommended by MOTION staff: Continued to October 21, 1991 (1) An ordinance amending Title 13 of the Costa Mesa Municipal Code regarding walls and fences; and (2) A resolution adopting revised wall and fence standards. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. OLD BUSINESS The City Clerk presented a resolution authorizing issu- Community Facilities ance of Mello-Roos'Bonds in an amount not to exceed District No. 91-1 $3.2 million for City of Costa Mesa Community Facilities (Plaza Tower) District No. 91-1 (Plaza Tower Public Improvements), approving and directing the execution of a fiscal agent agreement and acquisition agreement, and approving other matters properly relating thereto. Rick Pickering, Assistant to the City Manager, summar- ized the Agenda Report dated October 3, 1991, which states that this is the final action required by the City to complete the District. In response to a question from Vice Mayor Genis, Rod Gunn, Financial Advisor to the City, explained that the Marks -Roos Revenue Bonds will be sold at competitive sale first, then the contract and sale for the Mello - Roos Bonds will occur, both will close concurrently, thereby protecting the City from any change in interest rates while these transactions are taking place. MOTION A motion was made by Council Member Buffa, seconded by Resolution 91-79 Council Member Erickson, to adopt Resolution 91-79, A Adopted RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE ISSUANCE OF SPECIAL TAX BONDS OF THE CITY OF COSTA MESA COMMUNITY FACILI- TIES DISTRICT NO. 91-1 (PLAZA TOWER PUBLIC IMPROVE- MENTS), APPROVING AND DIRECTING THE EXECUTION OF A FISCAL AGENT AGREEMENT AND ACQUISITION AGREEMENT, AND APPROVING OTHER MATTERS RELATING THERETO, with the amendment that "$3,200,000.00" shall be inserted in all places where 11$2,950,000.00" appears. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa Humphrey, Erickson NOES: None ABSENT: None ADJOURNMENT TO Mayor Hornbuckle adjourned the City Council meeting to SPECIAL MEETING a special meeting of the Costa Mesa Public Financing OF THE COSTA MESA Authority for the purpose of addressing the sale of PUBLIC FINANCING local agency revenue bonds, Series A. AUTHORITY Eileen Phinney, the Secretary of the Public Financing Issuance of Marks- Authority, presented a resolution authorizing issuance Roos Bonds of 1991 Marks -Roos Bonds, Series A, approving the sale of such bonds at public sale, authorizing execution of an agreement for the purchase of local obligations of the City of Costa Mesa, and providing for other matters properly relating thereto. The Assistant to the City Manager reviewed the Agenda Report of October 3, 1991, and called attention to the fact that the Marks -Roos umbrella financing, in concert with the Authority, provides a standardized mechanism of financing future public capital improvements. MOTION A motion was made by Board Member Humphrey, seconded Resolution by Board Member Buffa, to adopt Resolution PFA 91-1, PFA 91-1 Adopted A RESOLUTION OF THE COSTA MESA PUBLIC FINANCING AUTHORITY, AUTHORIZING THE ISSUANCE OF 1991 LOCAL AGENCY.BONDS, SERIES A, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $3,500,000.00, APPROVING THE EXECUTION OF AN AGREEMENT FOR THE PURCHASE OF LOCAL OBLIGATIONS OF THE CITY OF COSTA 14ESA AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO, with the amendment that "$3,500,000.00" shall be inserted in all places where "$3,200,000.00" appears. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa Humphrey, Erickson NOES: None ABSENT: None COUNCIL MEETING Chairman Hornbuckle declared the special meeting of RECONVENED the Costa Mesa Public Financing Authority adjourned, and reconvened the City Council meeting. OLD BUSINESS The City Clerk presented the Development Fee Funding Funding Agreement Agreement with 600 Anton Boulevard Associates, a for the Plaza Tower California partnership comprised of International Building Business Machines Corporation, a New York corporation, and Three Town Center, a California general partner- ship, to provide for payment of traffic impact fees for traffic generated by the IBM -Plaza Tower office building at 600 Anton Boulevard, Costa Mesa. The City Attorney referred to his Report No. 91-52B, stating that at the meeting of August 19-20, 1991, Council declared that 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. He stated that in accordance with Council's action, a revised agreement was drafted which is believes is acceptable to the developer and the City. Malcolm Ross, representing the Plaza Tower partners, 3315 Fairview Road, Costa Mesa, found the agreement to be very clear and had nothing to add. MOTION A motion was made by Council Member Buffa, seconded by Agreement Council Member Erickson, approving the agreement contin- Approved gent upon its being signed by the Plaza Tower partners, and authorizing the Mayor and City Clerk to execute the agreement on behalf of the City. Vice Mayor Genis stated that she would not be supporting the motion because she felt the original agreement calling for a fee not to exceed $668.00 per trip should be enforced. Council Member Humphrey also announced that he would not support the motion, and recommended developing a policy that would guarantee payment of fees prior to permits being issued. Mayor Hornbuckle stated that she would support the motion because she felt the previous agree- ment was unclear. The motion to approve the agreement carried by the following roll call vote: AYES: Hornbuckle, Buffa, Erickson NOES: Genis, Humphrey ABSENT: None OLD BUSINESS The City Clerk presented Ordinance 91-25 for second R-91-04/Briggs reading and adoption. The ordinance rezones property Development on College Avenue and Victoria Street to R3 in conjunction with Rezone Petition R-91-04, Briggs Development. MOTION On motion by Council Member Buffa, seconded by Council Ordinance 91-25 Member Erickson, Ordinance 91-25, AN ORDINANCE OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PROPERTY AT 2160-2172 COLLEGE AVENUE AND 396 VICTORIA STREET FROM R2 TO R3, was given second reading and adopted by the following roll call vote: AYES: Hornbuckle, Buffa, Erickson NOES: Genis, Humphrey ABSENT: None OLD BUSINESS The City Clerk presented from the meeting of September Cable TV Grant 16, 1991, a request for cable television funds from Funds for the Jeffrey Hovsepian, representing the Senior Citizens Senior Citizens Corporation. Council Member Humphrey announced that he would not be voting on this item and left the chambers. The City Manager referred to the Agenda Report dated September.30, 1991, stating that the Cable Television Committee recommended funding for $2,000.00 to produce the cable program, "Seniors for the 21st Century". MOTION On motion by Council Member Erickson, seconded by Approved $2,000.00 Council Member Buffa, authorization was given to grant Cable TV Grant $2,000.00 from cable television funds as recommended by the committee. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Erickson NOES: None ABSENT: Humphrey Council Member Council Member Humphrey returned to the chambers at Humphrey Returned this time. OLD BUSINESS The City Clerk presented a request to appoint an Substance Abuse alternate member to the Substance Abuse Committee. Committee On motion by Council Member Humphrey, seconded by MOTION/Dixon Council Member Erickson, and carried 5-0, Leslie Appointed Alternate Dixon was appointed as an alternate member on the Member Substance Abuse Committee. OLD BUSINESS The City Clerk presented a status report on Rezone R-90-03/Ordinance Petition R-90-03, Donn Hall, 930 West 16th Street, 91-2 - Hayashi Suite E-2, Costa Mesa, authorized agent for Kenneth Hayashi, 1900 Sepulveda Boulevard, Los Angeles, rezoning property at 2881-2891 Bear Street from R3 to R4. Ordinance 91-2 was given first reading on February 4, 1991. Responding to an inquiry from Mayor Hornbuckle, the Deputy City Manager/Development Services indicated that Mr. Hall probably will not be representing the the applicant in the future; however, Mr. Hall offered Staff Directed to advise Mr. Hayashi of this meeting and any future to Set a Public meeting. Council directed staff to set a public hearing Hearing so that a final decision could be made on this rezone. NEW BUSINESS The City Clerk presented a request from United Way of Request from United Orange County, 18012 Mitchell Avenue, Irvine, to display Way to Display banners on Southern California Edison Company utility Banners poles in support of the applicant's annual community fund-raising campaign. The Assistant to the City Manager referred to the Agenda Report dated October 2, 1991, reporting that there is presently a moratorium on all banners until a policy has been established; however, a policy of this nature has not been developed as yet. He stated that 20 banners will be placed on Edison poles on portions of Bristol Street and Sunflower Avenue on October 14, and removed November 18, 1991. MOTION A motion was made by Council Member Buffa, seconded by Banners Approved Council Member Humphrey, to approve the request contingent upon the applicant providing exact dates, specific locations, and adequate proof of insurance, as recommended in the Agenda Report. Vice Mayor Genis opposed the motion, stating that even though this is a good cause, she did not approve of banners being permitted at this time, nor did she believe they should be allowed except on utility poles in front of the property belonging to the sponsor of the event. Council Member Erickson felt this may be a good test to deter- mine the types of banners which would be acceptable. M The motion carried 4-1, Vice Mayor Genis voting no. Mayor Hornbuckle asked when staff expected to have a banner policy drafted, and the City Manager responded that it would be before the end of the year. NEW BUSINESS The City Clerk presented a request from Harbor Center, Request from Harbor 2300 Harbor Boulevard, to display 100 banners on Center to Display Southern California Edison Company utility poles in Banners support of "Oktoberfest, Girls Incorporated". Mayor Hornbuckle announced that she would abstain from voting on this item, and asked the Vice Mayor to conduct the hearing. The Assistant to the City Manager reported that this request is similar to the previous request, and the recommendation from staff is the same. Joel Vest, 10151 Kukui Drive, Huntington Beach, event coordinator, stated that the request'is actually from Girls Incorporated; and Harbor Center processed the application as a courtesy. Mr. Vest reported that banners will not be placed in residential areas, nor in front of business signs. MOTION A motion was made by Council Member Buffa, seconded Banners Approved by Council Member Humphrey, to approve the request contingent upon the applicant providing exact dates, specific locations, and adequate proof of insurance, as recommended in the Agenda Report. Vice Mayor Genis opposed the motion based on the same reasons she gave for the United Way request. The motion carried 3-1, Vice Mayor Genis voting no, Mayor Hornbuckle abstaining. NEW BUSINESS The City Clerk presented a request from the Orange Abandoned Vehicles County Transportation Authority (OCTA) for City participation in the -Orange County Service Authority for Abandoned Vehicles. The City Manager referred to the Agenda Report dated October 3, 1991, stating that in 1990, the State Legis- lature enacted Assembly Bill 4114 which provides for the county and cities to establish a separate authority that would derive revenue from a $1.00 imposition on vehicle registrations for abatement of abandoned vehicles for a period of five years. He reported that 13 of the required 15 cities have already approved the proposed resolution. He emphasized that if the Authority were established, all vehicle owners in Costa Mesa would be assessed $1.00 per year via vehicle registrations, whether or not the City participates in the program. Vice Mayor Genis felt it was unfair to have responsible people pay for those who have abandoned their vehicles and stated that she would not support the resolution. MOTION A motion was made by Vice Mayor Genis, seconded by Resolution Council Member Buffa, to reject the resolution to Rejected establish a service authority for abandoned vehicle abatement. Mayor Hornbuckle did not support the motion because she believed that if Council does not adopt the resolution and the is authority established, Costa Mesa residents still would be assessed the $1.00 qee. She was concerned that the City may not receive its fair share of the funds if Council rejects participation. AMENDED MOTION At the recommendation of the City Attorney, Vice Mayor Added a Finding Genis amended her motion by adding: Council finds that dismantled or inoperable vehicles constitute a public nuisance; however, Council does not approve of funding the abatement through increased registration fees. The Charges for Council Vice Mayor Genis stated that she received the report on Agendas and Minutes charging a fee for mailing Council Agendas and Minutes, and found that there are people receiving these publi- cations who do not supply self-addressed, stamped envelopes, while another group does supply postage and envelopes. She stated that she did not understand the method of determining who.qualified for free mailings, and felt the existing system was very inequitable. Alcoholic Beverage Mayor Hornbuckle reported that she recently heard of the Control Cutbacks cutbacks being proposed by Alcoholic Beverage Control (ABC), and was shocked to learn that with 58 counties Staff Directed to in the State, ABC is cutting back to approximately 52 Place on Agenda inspectors. As a result, Orange County will have only for October 21, 3 inspectors. The Mayor directed staff to place this 1991 matter on the agenda for October 21, 1991, so that Council could take formal action. ADJOURNMENT TO At 11:10 p.m., the Mayor declared a five-minute recess, CLOSED SESSION and adjourned the meeting to a closed session in the first -floor Conference Room, to discuss the four items previously announced by the City Attorney. MEETING RECONVENED The Mayor reconvened the meeting at 12:10 p.m. The following action was taken. Orville Amburgey v. In the matter of Orville Amburgey v. City of Costa Mesa, City of Costa Mesa, et al, Orange County Superior Court Case No. 66-92-03, et al., OCSC Case the City Attorney and Assistant City Attorney obtained No. 66-92-03 signed waivers of any potential conflict of interest, and the closed session commenced. amended motion was seconded by Council Member Buffa, and carried 4-1, Mayor Hornbuckle voting no. CITY ATTORNEY The City Attorney requested a closed session pursuant to REPORTS Government Code Sections 54956.9(a) and 54956.9(b)(1), Amburgey; Ned West; to discuss the following matters: Orville Amburgey v. Fairgrounds; and City of Costa Mesa; Ned West v. City of Costa Mesa, et SCAQMD Referred to al.; City of Costa Mesa v. 32nd District Agricultural Closed Session Association (Fairgrounds); and South Coast Air Quality Management District (SCAQMD) Notice of Violation No. L 07696. Mayor Hornbuckle announced that closed session would be held after close of regular business. COUNCIL MEMBERS Council Member Erickson thanked the Police Department COMMENTS for taking him on a ride -along at which time they observed prostitutes soliciting on Harbor Boulevard. He Prostitutes on reported that he asked the police why the names of the Harbor Boulevard solicitors (johns) were not being reported in the news- papers, and the officer replied that local newspapers refused to do that. Council Member Erickson felt that publishing those names may help to solve the problem. Vice Mayor Genis supported Council Member Erickson's viewpoint. Deceptive Business Council Member Humphrey mentioned a sign he had seen on Signs his way to the meeting which read "Going Out for Busi- ness" with the word "for" in very small letters. He asked staff and the public to be aware of this type of deceptive advertising. Audio System in Council Member Buffa stated that several complaints have Council Chambers been received about the audio system in the Council Chambers, and he asked staff to investigate this matter. Signs for Freeway Vice Mayor Genis requested staff to contact CALTRANS on Meters placing warning devices at the approaches to freeway ramps, indicating whether the meters are on or off. Charges for Council Vice Mayor Genis stated that she received the report on Agendas and Minutes charging a fee for mailing Council Agendas and Minutes, and found that there are people receiving these publi- cations who do not supply self-addressed, stamped envelopes, while another group does supply postage and envelopes. She stated that she did not understand the method of determining who.qualified for free mailings, and felt the existing system was very inequitable. Alcoholic Beverage Mayor Hornbuckle reported that she recently heard of the Control Cutbacks cutbacks being proposed by Alcoholic Beverage Control (ABC), and was shocked to learn that with 58 counties Staff Directed to in the State, ABC is cutting back to approximately 52 Place on Agenda inspectors. As a result, Orange County will have only for October 21, 3 inspectors. The Mayor directed staff to place this 1991 matter on the agenda for October 21, 1991, so that Council could take formal action. ADJOURNMENT TO At 11:10 p.m., the Mayor declared a five-minute recess, CLOSED SESSION and adjourned the meeting to a closed session in the first -floor Conference Room, to discuss the four items previously announced by the City Attorney. MEETING RECONVENED The Mayor reconvened the meeting at 12:10 p.m. The following action was taken. Orville Amburgey v. In the matter of Orville Amburgey v. City of Costa Mesa, City of Costa Mesa, et al, Orange County Superior Court Case No. 66-92-03, et al., OCSC Case the City Attorney and Assistant City Attorney obtained No. 66-92-03 signed waivers of any potential conflict of interest, and the closed session commenced. MOTION The City Manager left the Conference Room, and Council Granted Defense for discussed and granted by a 5-0 vote, the City Manager's City Manager; Waived request for defense, waived any potential conflict of Potential Conflict interest, and found that the City Manager acted within of Interest the scope of his authority in directing the City Attorney to refer the Amburgey matter to the District Attorney for investigation in 1990. MOTION The City Manager returned, and the City Attorney left Granted Defense for the Conference Room. After discussion with the City Attorney; Assistant City Attorney, Council granted by a 5-0 vote, Waived Potential the City Attorney's request for defense, waived any Conflict of Interest potential conflict of interest, and found that the City Attorney acted within the scope of his authority and duty in referring the Amburgey matter to the District Attorney for investigation in 1990. MOTION The City Attorney returned, and Mayor Hornbuckle left Granted Defense for the Conference Roam. By a 4-0 vote, Mayor Hornbuckle Mayor; Waived absent, Council granted the Mayor's request for defense, Possible Conflict waived any possible conflict of interest, and found that of Interest the Mayor acted within the scope of her authority in asking for further information and commenting on the referral of the Amburgey matter to the District Attorney for investigation in 1990. Mayor Hornbuckle returned at 11:38 p.m. Ned West v. City Council Member Buffa left the Conference Room and did of Costa Mesa, et not participate in the remainder of the meeting. al., OCSC Case Discussion ensued in the matter of Ned West v. City of No. 42-07-28 Costa Mesa, et al., Orange County Superior Court Case No. 42-07-28. By a vote of 4-0, Council Member Buffa MOTION absent, the request from Ned West for reconsideration of Request Denied its decision to file an Amicus Brief in the appeal was denied. City of Costa Mesa Council received the City Attorney's Confidential v. 32nd District memorandum dated September 27, 1991, regarding City of Agricultural, OCSC Costa Mesa v. 32nd District Agricultural Association Case No. 65-09-79 (Fairgrounds), Orange County Superior Court Case No. 65-90-79. SCAQMD Notice of Council received the City Attorney's Confidential Memor- Violation No. andum dated September 27, 1991, and a memorandum dated L 07696 October 7, 1991, on South Coast _Air Quality Management District (SCAQMD) Notice of Violation No. L 07696. ADJOURNMENT The Mayor declared the meeting adjourned at 12:15 a.m. Mayor of the City of Costa Mesa ATTEST: City Clerk of the City of Costa M a