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HomeMy WebLinkAbout10/21/1991 - City Council1 I-' :1- 7.63 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA OCTOBER 21, 1991 The City Council of the City of Costa Mesa, California, met in regular session October 21, 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 a Flag Ceremony and Pledge of Allegiance to the Flagrled by Bud Hohl, Veterans of Foreign Wars, Post 3536, and Invocation by the Reverend Lothar Tornow, Christ Lutheran Church. 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 Buffa, seconded by Council October 7, 1991 Member Erickson, and carried 5-0, the minutes of the regular Council meeting of October 7, 1991, were approved as distributed. ORDINANCES A motion was made by Council Member Buffa, seconded by Council Member Erickson, and carried 5-0, to read all ordinances by title only. PROCLAMATIONS Mayor Hornbuckle read a proclamation declaring October 24, 1991, as "United Nations Day", and presented the "United Nations Day" document to Bud Hohl who accepted on behalf of the United Nations Association of Orange County. "Larry Webb Day" Vice Mayor Genis read a proclamation declaring October 21, 1991, as "Larry Webb Day" in recognition of his involvement with Interval House. Mayor Hornbuckle presented the document to Mr. Webb. "National Domestic The Vice Mayor read a proclamation declaring the month Violence Awareness of October as "National Domestic Violence Awareness Month" Month", and presented it to.Mrs. Rogers, a co-founder of Interval House. "Red Ribbon Week" Mayor Hornbuckle read a proclamation declaring October 19 through 26, 1991, as "Red Ribbon Week", and presented the document to Council Member Humphrey who accepted on behalf of the Substance Abuse Committee. ORAL Ernie Feeney, 1154 Dorset Lane, Costa Mesa, asked the COMMUNICATIONS names of the 13 City representatives that attended the recent League of Cities Conference in San Francisco, and League of Cities she requested a list of the seminars that they attended. Conference Vice Mayor Genis asked for a report, and Council Member Erickson suggested that a brief synopsis of the seminars be prepared by each conference attendee. SCR Financial Mrs. Feeney requested the status of the inquiry regard - Statement ing the South Coast Repertory (SCR) Financial Statement which reported on disbursement of the City's $30,000.00 cultural arts grants to SCR. The City Manager stated that this matter had been referred to the Finance Department, and a report would be forthcoming when the investigation is completed. Agenda Charges Janice Davidson, 1982 Arnold Avenue, Costa Mesa, asked if Council had decided to initiate a charge for agendas, and the City Manager stated a decision had not yet been reached. Ms. Davidson suggested sending agendas only to those who send in stamped, self-addressed envelopes. Youth Athletic Robert Rice, 2348 Colgate Drive, Costa Mesa, represent - Committee ing Costa Mesa Youth Athletic Committee, presented 658 letters in support of a Youth Sports Facility, and he introduced two youth sports activity participants: Jason Schaeffer, 3327 California Street, Costa Mesa, asked for better playing fields; and Summer Spinks, 3221 New York Avenue, Costa Mesa, spoke in support of improved soccer fields. The City Manager reported that the new Master Plan of Parks, which includes optional locations for sports facilities, is tentatively scheduled for Council review in January, 1992. Black Male Role Sandra Lynch, 230 West Almond Avenue, No. 2, Orange, Model Calendar spoke on the Black Male Role Model Calendar event being held at the Neighborhood Community Center November 15 and 16, 1991, requesting that Council co-sponsor the VIP breakfast and permit use of the facilities at no charge. Mayor Hornbuckle requested the City Manager to place this item on the Council agenda for November 4, 1991. Newport -Mesa School Anne Hogan-Shereshevsky, 2152 Elden Avenue, Apt. No. 1, District Candidate Costa Mesa, Vice Chairperson of the Costa Mesa Civic Forum Association, announced the candidate forum for the Newport -Mesa School District will be held Thursday, October 24, 1991, 7:30 p.m. to 9:00 p.m., at Killybrooke Elementary School,,3155 Killybrooke Lane, Costa Mesa, in the Multipurpose Room. Balearic Center Juanita Statum, 2841 Boa Vista Drive, Costa Mesa, submitted a letter that she and her husband, Glen Statum, had written, signed by 17 neighbors, which listed various complaints regarding noise and other problems generated -by the Balearic Center, 1975 Balearic Drive, Costa Mesa. Mayor Hornbuckle asked the City Manager to review and report on this situation. Nancy Palme, 1997 Kornat Drive, Costa Mesa, representing Mesa Verde Homeowners Association, also spoke regarding the problems at Balearic Center, stating they had drastically increased in the last 2 or 3 months. City Conferences Robert Wilson, 3435 Plumeria Place, Costa Mesa, spoke on the benefits gained by the City and the purpose for the League of California Cities, the National League of Cities, U.S. Conference of Mayors, and the Washington Executive Committee conferences. Vehicle Incident Sid Soffer, 900 Arbor Street, Costa Mesa, stated that one of his vehicles parked in front of his house was hit by a moving vehicle, making a total of 6 or 7 incidents in the same location which indicates this is an unsafe corner. He also spoke regarding the youth athletic fields. 1 19th and Victoria Roy Pizarek, 1923 Whittier Street, Costa Mesa, spoke - Street Issues on: (1) a green belt divider on Victoria Street, (2) feedback to Council from homeowners associations, (3) the General Plan addressing the 19th Street issue, and (4) the alternate plan to the 19th Street bridge. The Director of Public Services stated he will notify Mr. Pizarek when the 19th Street issue will be addressed, and he reported that the City has employed a consultant regarding the 19th Street bridge, and it is not part of the General Plan consideration. The City Manager stated a report is being prepared on the Victoria Street median, and a copy will be sent to Mr. Pizarek. CONSENT CALENDAR The following item was removed frcm the Consent Calen- dar: Contract No. SA-174-91IE with the 32nd District Agricultural Association for Police traffic services. On motion by Council Member Humphrey, seconded by Vice Mayor Genis, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: Hornbuckle, G6nis, Buffa, Humphrey, Erickson NOES: None ABSENT: None READING FOLDER On motion by Council Member Humphrey, seconded by Vice Mayor Genis, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Gerald M. Bloeser; Thomas Keith Shannon; and Sully -Miller Contracting Company. BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable Orange County Purpose was received from Orange County Community Foun- Community Founda- dation, 695 Town Center Drive, Costa Mesa, by soliciting tion funds from October 22, 1991, through October 22, 1992. On motion by Council Member Humphrey, seconded by Vice MOTION Mayor Genis, and carried 5-0, the permit was approved Permit Approved with application of Municipal Code Section 9-127(d). SET FOR PUBLIC On motion by Council Member Humphrey, seconded by Vice HEARING Mayor Genis, and carried 5-0, the following item was set GP -91-02/R-91-05 for public hearing on November 4, 1991, at 6:30 p.m., in Bofferding/Margolin the Council Chambers of City Hall: Family Dick Bofferding, 22557 Scarlet Sage Way, Moreno MOTION Valley, authorized agent for Margolin Family Irrevo- Hearing Set for cable Trust No. 2, 1922 East Chapman Avenue, Orange, November 4, 1991 for property located at 1944 Newport Boulevard and 1941 Church Street: General Plan Amendment GP -91-02, to change the land use designation of a 1,364 -square - foot parcel from Medium Density Residential to Commer- cial Center; and Rezone Petition R-91-05 to change the zoning from R2 to C2. Environmental Determination: Negative Declaration. WARRANTS On motion by Council Member Humphrey, seconded by Vice Mayor Genis, Warrant Resolution 1505, including Payroll MOTION 9121, was approved by the following roll call vote: Warrant 1505 AYES: Hornbuckle, Genis, Buffa, - Approved Humphrey, Erickson NOES: None ABSENT: None REJECTED CLAIMS On motion by Council Member Humphrey, seconded by Vice Mayor Genis, and carried 5-0, the following claims were rejected: Blake Bruno, Farmers Insurance/Garcia, Skeens, and Smith Sargenti Theemling ADMINISTRATIVE ACTIONS Notice of Completion Vernon Paving 1989-90 Measure "C" Street Maintenance, Project No. 90-12 MOTION Work Accepted Richard Blake, regarding vehicle vs. bicycle colli- sion. Thom Bruno, Farmers Insurance/Graciela Garcia, Le Ann Skeens, and Eu Dine Sheldon Smith, regarding a disabled vehicle being assisted by Costa Mesa Police Department which caused rear -end collision. Farrah Sargenti, a minor, by her Guardian Ad Litem, William Sargenti, regarding injuries sustained at Costa Mesa High School. Lori, Kelly, and James Theemling, alleging negligent roadway maintenance. 1989-90 Measure "C" Street Maintenance, Project No. 90-12, was completed to the satisfaction of the Public Services Director by Vernon Paving Company, 1301 East Lexington Avenue, Pomona, on August 30, 1991. On motion by Council Member Humphrey, seconded by Vice Mayor Genis, the work was accepted; the Clerk was authorized to file a Notice of Completion; authorization was given to release retention funds 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months there- after; and the Performance Bond was ordered exonerated 12 months thereafter. The motion carried by the follow- ing roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Notice of Completion Asbestos Removal and Demolition of 7 Structures on Charlie Ray Gann Victoria Street from Canyon Drive to Harbor Boulevard, Demolition Project No. V-91-01, was completed to the satisfaction of the Public Services Director by Charlie Ray Gann Demolition of 7 Demolition, Post Office Box 647, Mira Loma, on October Structures on 10, 1991. On motion by Council Member Humphrey, sec - Victoria Street, onded by Vice Mayor Genis, the work was accepted; the Project No. V-91-01 Clerk was authorized to file a Notice of Completion; authorization was given to release retention funds 35 MOTION days thereafter; the Labor and Material Bond was ordered Work Accepted exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Rates of Pay for On motion by Council Member Humphrey, seconded by Vice Executive Job Mayor Genis, Resolution 91-80, A RESOLUTION OF THE CITY Classifications COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTAB- LISHING RATES OF PAY FOR EXECUTIVE JOB CLASSIFICATIONS,. MOTION was adopted by the following roll call vote: Resolution 91-80 AYES: Hornbuckle, Genis, Buffa, Adopted Humphrey, Erickson NOES: None ABSENT: None Contract with 32nd Item 14 on the Consent Calendar was presented: Contract Agricultural Associ- No. SA-174-91IE with the 32nd District Agricultural ation (Fairgrounds) Association (Fairgrounds), 88 Fair Drive, Costa Mesa, to provide Police traffic services from August 31, 1991, to Police Traffic December 31, 1991. Council Member Buffa stated that he Services would be abstaining from the vote on this item. MOTION On motion by Council Member Humphrey, seconded by Vice Contract Approved Mayor Genis, the contract was approved, and the Police 1 Chief was 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: None ABSTAIN: Buffa PUBLIC HEARING The City Clerk announced the public hearing, continued Appeal of PA -88-116 from the meeting of October 7, 1991, to consider the Howell/Island application from Gregory Howell, 1500 Newport Boulevard, Trader Costa Mesa, representing Island Trader, appealing Condi- tions of Approval for Planning Action PA -88-116, for a Conditional Use Permit to allow a restaurant (Island Trader) in a commercial building within 200 feet of a residential area, located at 1500 Newport Boulevard, in a C2 zone. Environmental Determination: Negative Declaration. The Deputy City Manager/Development Services summarized the Agenda Report dated October 14, 1991. Mr. Howell stated he would address the Council at the end of the public hearing. Communications in support of the Island Trader appeal were received from Kevin M. Hampton, Assistant Vice President, Lincoln Property Company N.C., Incorporated, Post Office Box 19547, Irvine; and Michael Thomas Nash, 1508 Santiago Drive, Newport Beach. The following people spoke in opposition to the Island Trader request: Dolores Boles, 510 North Newport Boule- vard, Newport Beach; Jerry Tucker, 466 Flower Street, Costa Mesa, owner of property at 508 Old Newport Boule- vard; Charles Clow, 1672 Tustin Avenue, Costa Mesa, co-owner of property at 1509 Orange Avenue; Patricia Jorgensen, 1672 Tustin Avenue, Costa Mesa, co-owner of property at 1509 Orange Avenue; Jan Henry, 203 Palmer Street, Costa Mesa; Monika Sloan, 507 Orange Avenue, Costa Mesa, owner of property at 3411 15th Street; and Jean Park, 789 Paularino Avenue, Costa Mesa, owner of property at 190 East 15th Street. David and Tiffany Anderson, 233 Palmer Street, Costa Mesa, spoke in support of the Island Trader appeal. Sid Soffer, 900 Arbor Street, Costa Mesa, stated he had suggested possible solutions for nuisance and noise problems to Mr. Howell. He proposed that restaurant owners meet with staff and Council Members to review the overall problem. John Gyorkos, Law Firm of Gyorkos, Fenton and Bender, 111 Pacifica, Irvine, representing the Island Trader, noted that there are other bars in the area and it is descriminatory to restrict the hours of one and not the others. He stated Mr. Howell is attempting to solve the problems and to be a good neighbor. Greg Howell stated he has made, and will continue to make, efforts to establish good relations with the neighbors and City Council, and he will be submitting additional information regarding the people who support the Island Trader. He stated he cannot operate success- fully under the present Conditions of Approval. There being no other speakers, the Mayor closed the public hearing. RE Motion to Revoke A motion was made by Council Member Buffa, seconded by the Permit was Council Member Humphrey, to revoke the Conditional Use Withdrawn Permit based on the findings contained in the Agenda report prepared for the meeting of October 7, 1991, and based on the problems affecting the public health, safety, and welfare. Council Member Buffa amended his motion to place the item on the Council Agenda of Novem- ber 4, 1991, for a revocation hearing, and directed the City Attorney to provide information regarding reinsti- tution of a Conditional Use Permit for restaurant opera- tion only, ceasing operations at 10:00 p.m., this infor- mation to be included in.the next Council meeting. After brief discussion, Council Member Buffa withdrew this motion. Substitute Motion A substitute motion was made by Mayor Hornbuckle, Failed to Carry seconded by Vice Mayor Genis, to deny the appeal of the Conditions of Approval recommended by the Planning Commission. The motion was amended by Vice Mayor Genis and accepted by the maker of the substitute motion, to add the condition, "Approval shall be for a period of six months". The motion failed to carry 3-2, Council Members Buffa, Humphrey, and Erickson voting no. MOTION Council Member Buffa made a substitute motion to deny Request to Amend the request to amend the Conditions of Approval as the Conditions of recommended by the Planning Commission, stipulating Approval Denied that the Planning Commission Conditions of Approval as reflected in the Agenda Report shall remain in place; that Condition No. 6 be modified to 180 days; and that the Council Agenda for November 4, 1991, shall list this item to consider revocation of the Conditional Use Permit. The motion was seconded by Council Member Humphrey, and carried 5-0. 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 the public hearing, continued Standards for from the meeting of October 7, 1991, to consider a pro - Walls and Fences posed ordinance amending Title 13 of the Costa Mesa Municipal Code regarding walls and fences. The Deputy City Manager/Development Services summarized the Agenda Report dated October 16, 1991, stating that the purpose of this item was to better clarify the written regula- tions concerning construction of walls and fences in the community, and to adopt by resolution the graphic given to homeowners and commercial enterprises to show where walls and fences are to be installed. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Humphrey, seconded by Ordinance 91-27 Council Member Erickson, the following action was taken: Given First Reading; Resolution 91-81 Ordinance 91-27, AN ORDINANCE OF THE CITY COUNCIL OF Adopted THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTIONS 13-128(5), 13-142(1), 13-235(1), AND 13-420(h) OF TITLE 13 OF THE COSTA MESA MUNICIPAL CODE REGULATING THE HEIGHT AND DESIGN OF WALLS AND FENCES, was given first reading and passed to second reading; and Resolution 91-81, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING REVISED STANDARDS FOR WALLS AND FENCES, with the modifications as specified in the Agenda Report dated September 30, 1991, was adopted. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None PUBLIC HEARING The City Clerk announced that this was the time and Certificate of place set for the public hearing to consider a request Public Convenience, from Savvas Roditis, doing business as South Coast Cab South Coast Cab Company, 12918-A Haster Street, Garden Grove, for a Certificate of Public Convenience and Necessity to provide taxicab services within the City. All certifi- cate holders were notified of the public hearing as required by law. The City Manager summarized the Agenda Report dated October 8, 1991, stating that South Coast Cab Company currently complies with the City's terms and conditions. Savvas Roditis, South Coast Cab Company, stated he has supplied cab service to most of the cities in Orange County, and he now offers his services to the City of Costa Mesa. MOTION On motion by Council Member Buffa, seconded by Council Certificate Member Humphrey, and carried 5-0, the Certificate of Approved Public Convenience and Necessity was approved. OLD BUSINESS The City Clerk presented Ordinance 91-26 for second Police Responses reading and adoption. The Ordinance pertains to police at Large Parties responses at large parties. Council Member Buffa stated he would abstain from voting on this item. Sid Soffer, 900 Arbor Street, Costa Mesa, asked if the ordinance included restaurants, and Mayor Hornbuckle responded that it did. MOTION On motion by Council Member Humphrey, seconded by Vice Ordinance 91-26 Mayor Genis, Ordinance 91-26, AN ORDINANCE OF THE CITY Adopted 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, GATHERINGS OR EVENTS ON PRIVATE PROPERTY, was given second reading and adopted by the following roll call vote: AYES: Hornbuckle, Genis, Humphrey, Erickson NOES: None ABSENT: None ABSTAIN: Buffa OLD BUSINESS The City Clerk presented for reconsideration, removal of Baker Street parking on Baker Street between College Avenue and Transportation McClintock Way for installation of a Class II bicycle Study lane in relation to the Baker Street Transportation System Management Study. Communications were received in opposition to removal of parking .on the south side of Baker Street from George Goka, owner of a triplex on,Baker Street; Gilbert Collins, 3159 Sharon Lane, Costa Mesa; Helen G. Parkinson, 1255 Watson Avenue, Costa Mesa; George Turner, 1055 Harvard Avenue, Claremont; Neal Davison, 225 Costa Mesa Street, Costa Mesa; Leslie Miller and family, 3028 Donnybrook Lane, Costa Mesa; Susan Pyros, 1201 Dove Street, No. 550, Newport Beach; Mr. and Mrs. Michael Hughes, 6712 Harbor Key Circle, Huntington Beach, owners of property at 1319 Baker Street; Carm Gullo, 17220 Newhope Street, Suite 224, Fountain Valley; and Sig Jones, 17220 Newhope Street, Suite 224, Fountain Valley. The Director of Public Services reviewed the Agenda Report dated October 10, 1991, stating that the Trans- portation Commission has recommended that the parking on the south side of Baker Street not be removed, and that staff continue to study alternatives for the bike lane through this segment of the City. Vice Mayor Genis stated that part of the parking problem could be due to the unavailability of regular parking spaces because they may be using the areas for storage. The Deputy City Manager/Development Services stated that regulations are not in effect to restrict use of parking spaces to parking of vehicles. Mayor Hornbuckle requested an informal poll on removing parking on the south side of Baker Street. Council Member Erickson expressed his opposition to removing the existing parking from Baker Street; however, he was not aware of a viable solution as to how the bicycle routing could be changed. Vice Mayor Genis said she would be opposed to any course of action that would eliminate the possibility of utilizing bicycles on Baker Street; and Council Member Buffa was against removing the parking. CaYm Gullo, 17220 Newhope Street, Suite 224, Fountain Valley, stated the City's Master Plan intends to convert Baker Street to a 6 -lane highway, eliminating the exist- ing parking on the south side, and this also needs to be addressed. He stated he managed 12 apartment buildings on Baker Street, and the majority of the parking spaces are used for parking vehicles, not storage. MOTION A motion was made by Council Member Buffa, seconded by Decision to Remove Council Member Erickson, and carried 5-0, to vacate the Parking Vacated decision to remove parking on Baker Street, and directed staff to submit alternate bicycle routes for the Master Plan of Bikeways. Mayor Hornbuckle stated that the Agenda Report and the consultant's study were correct, finding there were empty parking spaces and parking available in other areas; however, sometimes there is a need to look beyond the technical. OLD BUSINESS The City Clerk presented the Golf Course Study prepared Golf Course Study by Economics Research Associates. The City Manager summarized the Agenda Report dated October 15, 1991, and he noted that prior to this meeting, Council had received the following information: (1) the cover memorandum from his office dated October 21, 1991, with recommended actions; (2) the final draft report by Economics Research Associates; (3) written input detail- ing concerns and opinions from the Costa Mesa City Employees Association, SEIU Local 1972, their committee on contracting services, as well as a report from the Golf Course division of staff regarding the problems associated with poorly constructed greens; and (4) City Attorney's Opinion No. 91-15 dated October 10, 1991, regarding the concession agreement and addendum agree- ment of July 18, 1988, with Harry S. Green, Incorporated. Gene Krekorian, Economics Research Associates, 10990 Wilshire Boulevard, Suite 1600, Los Angeles, reiterated the options available as reported in the study, and he 71 noted two items that were not addressed in the study that warrant attention: (1) in a full contract situa- tion, the issue of sharing the maintenance facility between City employees and a private operator carrying on golf course maintenance functions, and (2) the existing debt on the golf course, which may have a provision that deals with the length of a contract term. Ted Lewis, 3024 Harding Way, Costa Mesa, a charter member of the Men's Club, noted the difficulty of getting starting times at the golf course, and the golf course maintenance was in need of improvement. Novel B. James, 9 Richmond Street, Irvine, spoke on his experience with the Costa Mesa Golf and Country Club and with 12 other golf courses throughout the Country. Jim Ortiz, 2648 West Ball Road, Apartment 117, Anaheim, stated when the golf course had a private contractor frcm 1965 through 1969, it was not profitable; however, in 1969 when the City took over, the course started showing a profit. Frank Michelena, 1918 Kauai -Place, Costa Mesa, stated he had represented a private golf course concern in Los Angeles which was taken over from the County, and it was very successful, maintenance and operation being much improved. Robert Wilson, 3435 Plumeria Place, Costa Mesa, gave a brief history of the Costa Mesa Golf and Country Club. Steve Von Stade, 461 Fair Drive, No. 201, Costa Mesa, starter at the golf course, commented on the numerous people who play golf in Costa Mesa. Regarding the issue of City employees at the golf course, the City Manager recommended that if the full contract option were selected, that he confer with Steve Hayman, Personnel Director, and Ann Gyben, Assistant to the City Manager, to prepare a transition plan that would suggest options regarding the concerns and needs of those employees. He stated there will be no direct impact until August, 1992. The City Attorney stated that Harry Green, Incorporated, was not in default of his contract at this time, and the City Manager concurred. MOTION A motion was made by Council Member Buffa, seconded by Request for Council Member Erickson, to direct staff to prepare a Proposals and Request for Proposal and specifications for the opera - Transition Plan tion and maintenance of the Los Lagos and Mesa Linda Authorized Golf Courses and all concession operations at the Costa Mesa Golf and Country Club; to direct the City Manager, along with with the Personnel Director, to prepare a transition plan for the City Council, detailing the move from a public operation to a private operation of the courses, with particular attention to those present City employees that are involved at the golf course. The motion carried 5-0. Council Member Buffa clarified that the intent of the motion was to accept all RFP's, from a master lease of everything down to operation of the cart rentals. Mayor Hornbuckle noted that the Economic Research Asso- ciates report was received and filed. NEW BUSINESS The City Clerk presented a request from Hugo Hunziker, Hunziker Rent -A- owner of Rent -A -Chef, a catering service, 766 West 19th Chef Relocation Street, Costa Mesa, to relocate his business to 874 West to "Transition 19th Street, which is in the "Transition Zone". Zone" The Deputy City Manager/Development Services summarized the Agenda Report dated October 16, 1991. He stated that this business did not have any outside commercial traffic since it is a catering business, and there are only one or two employees. He presented a visual dia- gram of the area in question and explained present uses. Roy Pizarek, 1923 Whittier Street, Costa Mesa, stated his opposition to this relocation as the use was not in the guidelines and stipulations designated for the businesses originally allowed in the "Transition Zone". MOTION A motion was made by Council Member Humphrey, seconded Added "Catering" by Council Member Erickson, and carried 5-0, to add as a Permitted Use catering use to the permitted uses in the "Transition Zone" with the findings that the use is substantially consistent with the transition area and compatible with the existing residential use of that area, specifically the "Transition Zone"; and directing staff to bring this item back to Council as soon as possible to make the final determination as to the future of this zone. NEW BUSINESS The City Clerk presented City Attorney's Report No. Small Lot Sub- 91-64 regarding a moratorium ordinance for interim small division Ordinance lot subdivision urgency measures. The City Attorney reviewed his report on the moratorium ordinance, stating it required a super majority, or 4/5 vote, and it would be in effect for only 45 days unless extended pursuant to the Government Code. Council Member Erickson stated he had received a tele- phone call from Ed Briggs, Briggs Development, asking when the proposed ordinance would take effect, and the City Attorney responded that Mr. Briggs's project would be affected. The Deputy City Manager/Development Services stated that currently there are small -lot, single-family development standards in the Planning Development Residential zone, not in the multiple residential zones, R2, R3, and R4. A discussion ensued regarding small lot subdivision requirements and goals. Gene Kraus, 6502 West Oceanfront, Newport Beach, owner of property at 371 La Perle Place, stated he did not understand the urgency for a moratorium, noting that the City needs more R2 lots divided into single-family lots. Diane Davidson, owner of property at 364 La Perle Place, Costa.Mesa, stated she purchased the R2 property with the anticipation of developing the property in the future which would upgrade her property and improve the neighborhood; therefore ,she opposed the moratorium. John Kraus, 10 Wildgoose Court, Newport Beach, co-owner of property at 371 La Perle Place, stated this R2 prop- erty was purchased July 7, 1991, and prior to purchase, he investigated subdividing the property with the intent of building two single-family, detached townhomes, having single owners, and he was advised to proceed. He stated the moratorium would change his plans for this recently purchased property.. f [3 Ed Briggs, Briggs Development, 23046 Avenida de la Carlota, Laguna Hills, expressed surprise that this was considered an urgent problem. He stated he has compiled a schedule of completed for -sale projects in the City from 1985 to 1990, and he summarized the information. He stated the term "moratorium" had a very negative connotation, and he.suggested having a workshop to discuss this situation. MOTION On motion by Council Member Humphrey, seconded by Mayor Ordinance Received Hornbuckle, and carried 5-0, the moratorium ordinance and Filed was received and filed. To Study Session Mayor,Hornbuckle clarified that this item would be placed on the agenda for the November Study Session. The Deputy City Manager/Development Services stated that the committee that was informally established for the park fee ordinance is now reviewing parking regulations; and the same committee will review the small -lot, single-family subdivisions. NEW BUSINESS The City Clerk presented a request from Mayor Hornbuckle ABC Enforcement for action regarding reduction in Alcoholic Beverage Control enforcement. The City Manager summarized the Agenda Report dated October 18, 1991, and stated that Council Members had been provided with a supplemental report. MOTION A motion was made by Council Member Buffa, seconded by Staff Directed to Vice Mayor Genis, and carried 5-0, authorizing staff Draft a Letter to draft a letter for the Mayor's signature to Governor Wilson and area legislators requesting restoration of funding to the State ABC Division. NEW BUSINESS The City Clerk presented a request to appointa City Planning Forum for Council representative to the Measure "M" Inter - Growth Management Jurisdictional Planning Forum for Growth Management Area 8. MOTION On motion by Council Member Buffa, seconded by Council Mayor Appointed Member Humphrey, and carried 5-0, Mayor Hornbuckle was appointed Council representative to the Forum. CITY ATTORNEY The City Attorney requested a closed session pursuant REPORT to Government Code Sections 54956.9(a), to discuss the James; Russi; following matters: George A. James v. City of Costa Bashara; and Mesa, et al.; Maria E. Russi v. Knapp and City -of Costa Heger Referred Mesa, et al.; Bret H. Bashara v. Stone and City of Costa to Closed Session Mesa, et al.; and Scott Heger v. City of Costa Mesa. After brief discussion, Council decided it was not necessary to discuss these items in Closed Session. MOTION On motion by Council Member Buffa, seconded by Council James Settlement Member Humphrey, and carried 5-0, the following action Rejected; Russi was taken: Settlement Approved; Bashara The settlement offer regarding George A. James v. Settlement City of Costa, et al., United States District Court Approved; Heger Case No. CV90-6807HLH(JR), was -rejected, in accordance Case Received and with the City Attorney's -'confidential memorandum dated Filed October 9, 1991. The settlement offer regarding Maria E. Russi v. Knapp and City of Costa Mesa, et al., Orange County Superior Court Case No. 62-06-04, was approved, in accordance with the City Attorney's confidential memo- randum dated October 15, 1991. rl 64 The request for settlement authority regarding Bret H. Bashara v. Stone and City of Costa Mesa, et al., Orange County Superior Court Case No. 64-78-93, was approved, in accordance with the City Attorney's confidential memorandum dated October 14, 1991. Scott Heger v. City of Costa Mesa, Orange County Superior Court Case No. 55-86-96, was received and filed, in accordance with the City Attorney's confi- dential memorandum dated October 3, 1991. COUNCIL MEMBERS Council Member Erickson announced that on Sunday, Octo- COMMENTS ber 27, 1991, there will be a meeting at Castaways Point, near Dover Drive and Pacific Coast Highway, regarding the Newport Conservancy, the possible develop - Newport Conservancy/ ment of housing and athletic fields. He commented on a Population Density/ population density column in the Los Angeles Times that Occupancy Limits compared populations in several Orange County cities. He also mentioned that the courts upheld the City of Santa Ana regarding occupancy limits in dwelling units. Public Telephone Council Member Humphrey noted the fact that a public at Neighborhood telephone is not available at the Neighborhood Community Community Center Center, and Mayor Hornbuckle said that th6 City Manager would be looking into that situation. Tank Farm at Council Member Buffa stated that business owners and John Wayne Airport lessees on the Costa Mesa side of the John Wayne Airport have expressed concern regarding the tank farm. He asked that the City Manager's office prepare a report by the November 4, 1991, Council meeting. The City Manager responded that business owners, airport staff, and City staff have been -working on this item, and it will be presented at the November Study Session. ADJOURNMENT The Mayor declared the meeting adjourned at 11:05 p.m. i GXy Mayor cq the City of Costa Mesa ATTEST: City Clerk of the City of Costa rsa