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HomeMy WebLinkAbout02/03/1992 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA FEBRUARY 3, 1992 The City Council of the City -of Costa Mesa, California, met.in regular. session February 3, 1992, 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 the Reverend Jim Nelson, Orange Coast Unitarian Universalist 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 ORAL COMMUNICATIONS Carl Bureman, 447 Princeton Drive, Costa Mesa, commented on the parking problems in his neighborhood, and he sub - Neighborhood Council Members Absent: None Par.king and Car Officials Present: City Manager. Allan Roeder. Dealership Problems City Attorney Thomas Kathe Deputy City Manager./Develop- ment Services Donald Lamm Public Services Director. William Morris City Clerk Eileen Phinney Finance Director. Susan Temple MINUTES On motion by Council Member. Buffa,-seconded by Council January 8, and Member. Erickson, and carried 5-0, the minutes of the January 20, 1992 adjourned special meeting of January 8, 1992, and the regular meeting of January 20, 1992, were approved as Civic Playhouse distributed. ORDINANCES A motion was made by Council Member Buffa, seconded by Waiver Council Member. Erickson, and carried 5-0, to read all ordinances by title only. ANNOUNCEMENT The Mayor announced that a request was received from the, Orange County Fair. and Exposition Center to withdraw New Business Item 3(a), a request for temporary street closures for. the Centennial Fair Parade. Norm Bartosik, General Manager of the Fairgrounds, stated that costs for this function are prohibitive. ORAL COMMUNICATIONS Carl Bureman, 447 Princeton Drive, Costa Mesa, commented on the parking problems in his neighborhood, and he sub - Neighborhood mitted two petitions, containing a total of 43 signa- Par.king and Car tures, to the City Clerk for. the Transportation Commis - Dealership Problems sion. He also submitted a petition with 25 signatures requesting a review of the Conditional Use Permit, PA - 88 -134, for an automobile agency located on Harbor. Boulevard. The Mayor directed the City Clerk to forward the petitions regarding parking to the Transportation Commission, and the petition regarding the Conditional Use Permit to the Planning Division. Koll-Irvine Lawsuit Dan Curtis, 3187 Airway Avenue, Costa Mesa, Chairman of the Board, Koll-Irvine Center. Property Owners Associa- tion, reviewed materials submitted in regard to the above -ground fuel tanks at John Wayne Airport. Civic Playhouse Ernie Feeney, 1154 Dorset Lane, Costa Mesa, addressed Patrons Rental. the rental waiver, agreement with the Costa Mesa Civic Waiver Playhouse Patrons Association for use of the Neighbor- hood Community Center.. She commented that to date, Alcoholic Beverage Licenses Funding for. Alcoholic Beverage Control Alcoholic Beverage Licenses for which parking has been approved by the Planning staff: Heavenly Orange Corpo- ration, doing business as Fast Freddi's, 2949 Fairview Road; and Piccola Restaurant Services, Incorporated, doing business as Piccola Cucina, 3333 Bristol Street, Suite 3011. Resolutions from the Cities of Loma Linda and Seal Beach calling for the restoration of adequate funding for. the State Department of Alcoholic Beverage Control and urging the Governor and the State Legislature to approve funding for A. B. C. Enforcement. payment has not been made to the City, and suggested instituting an internal audit system. The Mayor requested the City Manager, to check into the situation and provide information to Council and Mrs. Feeney. Cable Television Bud Lengtat, 432 Princeton Drive, Costa Mesa, a member of the Cable Television Committee, said that there is an organization soliciting cable business in Costa Mesa which downgrades Copley/Colony Cablevision and erroneously claims an upgraded cable service. Crime in Orange John Feeney, 1154 Dorset Lane, Costa Mesa, referred to County a newspaper article of several months ago which stated that Costa Mesa had the second highest major crime rate in Orange County. He asked if this situation would be addressed by Council. The City Manager responded that the reporting criteria in various cities is not consis- tent and offered to provide Council and Mr.. Feeney with a report comparing crime statistics in Costa Mesa from year to year.. Soffer. Comments Sid Soffer., 900 Arbor. Street, Costa Mesa, observed that Gary Moore, in his lawsuit against the City, was awarded attorney's fees of $1,500.00, which have not yet been paid. The City Attorney responded that the City, in another lawsuit, was awarded attorney's fees from Mr.. Moore in an amount which exceeds $1,500.00, also still unpaid. Mr.. Soffer also noted that the Police Depart- ment Substation at 565 West 18th Street does not have a building permit on file. Mr.. Soffer said he was waiting for a reply from the City as to why it took so long for ,the City to notify him to make corrections on his plans for. Bernard Street. CONSENT CALENDAR On motion by Council Member Buffa, seconded by Council Member Humphrey, 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 READING FOLDER On motion by Council Member. Buffa, seconded by Council Member. Humphrey, and carried 5-0, the following Reading Folder items were received and processed: Claims ;-Claims received by the City Clerk: Franklin Electric; Harry S. Green and Harry S. Green, Incorporated; Douglas Hastings; David and Ruby Magnuson; James Richard Mowrey; National Car. Rental System, Incorpo- rated; New West Construction, Incorporated; Rebeca Judith Pedregal; Michael and Cindy Rafael; Anthony R. Rzepa, Jr..; State Farm Insurance; Frances Watts; and Jeff Watts. Alcoholic Beverage Licenses Funding for. Alcoholic Beverage Control Alcoholic Beverage Licenses for which parking has been approved by the Planning staff: Heavenly Orange Corpo- ration, doing business as Fast Freddi's, 2949 Fairview Road; and Piccola Restaurant Services, Incorporated, doing business as Piccola Cucina, 3333 Bristol Street, Suite 3011. Resolutions from the Cities of Loma Linda and Seal Beach calling for the restoration of adequate funding for. the State Department of Alcoholic Beverage Control and urging the Governor and the State Legislature to approve funding for A. B. C. Enforcement. 87 SET FOR PUBLIC On motion by Council Member. Buffa, seconded by Council HEARING Member. Humphrey, and carried 5-0, the following items Amendment to were set for public hearing on February 18, 1992, at MOTION/Hearings at 6:30 p.m., in the Council Chambers of City Hall: Set for. February ters. On motion by Council Member. Buffa, seconded by 18, 1992 An ordinance amending Title 13 of the Costa Mesa Bus Shelters Municipal Code pertaining to development standards and Development Standards review procedures to establish locations for food and for. Food and beverage service. Environmental Determination: Beverage Service Exempt. GP -92-01, Growth General Plan Amendment GP -92-01, City of Costa Mesa, Management Element to incorporate a Growth Management Element as required by the revised Traffic Improvement and Growth Manage- ment Ordinance (Measure M). Environmental Determina- tion: Negative Declaration. WARRANTS On motion by Council Member. Buffa, seconded by Council Member. Humphrey, Warrant Resolution 1512, including Pay - MOTION roll 9202, was approved by the following roll call vote: Warrant 1512 AYES: Hornbuckle, Genis, Buffa, Approved Humphrey,.Erickson NOES: None ABSENT: None ADMINISTRATIVE The Director. of Public Services recommended approval of ACTIONS Amendment No. 1 to Agreement C-89-981 with the Orange Amendment to County Transportation Authority, for a time extension to O.C.T.A. Agreement complete the installation of four bus passenger shel- C-89-981 ters. On motion by Council Member. Buffa, seconded by Council Member. Humphrey, the amendment was approved, and Bus Shelters the Mayor and City Clerk were authorized to sign on behalf of the City. The motion carried by the following MOTION roll call vote: Amendment Approved AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Rent Payment from Continued from the meeting of January 20, 1992, rent Costa Mesa Civic payment from the Costa Mesa Civic Playhouse from July Playhouse through December., 1991, for use of facilities at Rea Community Center., was presented. The Community Services MOTION Director recommended accepting the payment in accordance Acceptance of with the Memorandum of Understanding between the the Payment Approved Playhouse and the City effective July 1, 1991. On motion by Council Member. Buffa, seconded by Council Member Humphrey, acceptance of the . payment was approved by the following roll call vote: AYES:- Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None OLD BUSINESS The City Clerk presented from the meeting of January.20, Bid Item 940, 1992, Bid Item 940, 37 Police Patrol Vehicles. The City 37 Police Patrol Attorney reviewed his -,Report No. 92-8, stating that Vehicles Council has the discretion to reject all bids. Bob Robins, Theodore Robins Ford, 2060 Harbor. Boulevard, Costa Mesa, supported keeping business in Costa Mesa. He reported that the Ford Motor. Company had increased special pricing to all dealers which will allow his dealership to provide a more competitive price on the police vehicles should the current bids be rejected. He mentioned that the deadline for submitting orders is approximately May 15, 1992. MOTION Bids Rejected The City Manager clarified for. Council Member. Erickson that the City vehicles being replaced have approximately 90,000 to 100,000 miles and that only vehicles with the I igher. mileage will be replaced. The Finance Director explained that if the current bids were rejected, the City could still meet the deadline for ordering new vehicles. Sid Soffer., 900 Arbor. Street, Costa Mesa, suggested that there is an error in the bidding system when bids are as far apart as they are in this instance. He stated that this in itself is a reason to rebid. Vice Mayor. Genis noted that process instituted by which ically assume they could bid ;local; however., if two bids she would prefer taking the she did not want to see a local dealers could automat - higher because they are are approximately the same, local bid. On motion by Council Member. Buffa, seconded Member. Erickson, and carried 5-0, all bids rejected, and staff was directed to reopen process. by Council were the bidding MOTION On motion by Council Member. Erickson, seconded by Vice Continued to Mayor. Genis, and carried 5-0, second reading and adop- February 18, 1992 ;tion of Ordinance 92-1 was continued to the meeting of !February 18, 1992; and staff was directed to report on ;the tandem parking requirement on Page 3, Residential Parking Standards, Item 3. Mayor. Hornbuckle asked the City Attorney to research the preparation of a local supplier preference policy for major. purchases. Vice Mayor. Leaves At 7:26 p.m., Vice Mayor. Genis left the Council Chambers. OLD BUSINESS The City Clerk presented Ordinance 92-1 for second read - Ordinance 92-1 Ing and adoption. The ordinance amends the Costa Mesa Parking and Open Municipal Code to increase the parking requirements and Space Requirements to reduce the open space requirement for residential development. Environmental Determination: Negative Declaration. i Brahm Walker., 379 East 19th Street, Costa Mesa, refer. - ring to the proposed ordinance, Page 2, Section 5, questioned having to provide more off-street parking if he wished to add rooms to his house. The Deputy City Manager/Development Services responded that this requirement is applicable to multiple residential zones; and regarding adding rooms to single-family dwellings, the parking requirements remain the same. Vice Mayor. Returns i At 7:30 p.m., Vice Mayor Genis returned to the Council Chambers. Sid Soffer., 900 Arbor. Street, Costa Mesa, suggested that I taff reports be more complete; for instance regarding this item, the entire ordinance should be attached, not dust the amended portion. He also stated that parking I equirements now seem to be of more import than open space. Heather Somers, 313 Robin Hood Lane, Costa Mesa, spoke In opposition to the proposed parking modifications, and asked that parking standards be examined and reconsid- ered before adoption of this ordinance. MOTION On motion by Council Member. Erickson, seconded by Vice Continued to Mayor. Genis, and carried 5-0, second reading and adop- February 18, 1992 ;tion of Ordinance 92-1 was continued to the meeting of !February 18, 1992; and staff was directed to report on ;the tandem parking requirement on Page 3, Residential Parking Standards, Item 3. OLD BUSINESS Off -Site Sale of Agricultural al Product The City Clerk presented Ordinance 92-2 for second read- ing and adoption. The ordinance allows for the off-site sale of a single, seasonal agricultural product. Sid Soffer., 900 Arbor. Street, Costa Mesa, thought an ordinance should list its intent and purpose, and he asked why sales were limited to a single product. Council Member Buffa replied that this program was initiated last year., and it is being expanded slowly. He also noted that many agricultural products are tightly controlled and regulated. MOTION On motion by Council Member. Buffa, seconded by Council Ordinance 92-2 Member. Erickson, Ordinance 92-2, AN ORDINANCE OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING ARTICLE 5-1/1, SECTIONS 9-163 TO 9-163.6 TO CHAPTER II, TITLE 9 OF THE COSTA MESA MUNICIPAL,CODE RELATING TO SALES OF SINGLE SEASONAL AGRICULTURAL PRODUCTS, was adopted by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None OLD BUSINESS The City Clerk presented Ordinance 92-3, regarding Permit Parking permit parking procedures, for second reading and adop- tion. On motion by Council Member. Humphrey, seconded by MOTION Vice Mayor Genis, Ordinance 92-3, AN ORDINANCE OF THE Ordinance 92-3 CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted AMENDING SECTION 10-221.3 THROUGH 10-221.4 OF THE COSTA MESA MUNICIPAL CODE PERMIT PARKING PROCEDURES, was adopted by the following roll call"vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None OLD BUSINESS The City Clerk presented Ordinance 92-4 for second read - Restrict Commer- ing and adoption, which restricts commercial vehicles cial Vehicles to over. 10,000 pounds to the truck route system. On motion Truck Route by Council Member. Humphrey, seconded by Council Member Erickson, Ordinance 92-4, AN ORDINANCE OF THE CITY MOTION COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING Ordinance 92-4 SECTION 10-248 OF THE COSTA MESA MUNICIPAL CODE TO Adopted RESTRICT COMMERCIAL VEHICLES TO THE TRUCK ROUTE SYSTEM, was adopted by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None OLD BUSINESS The City Clerk presented from the adjourned special East 19th Street meeting of January 27, 1992, construction of sidewalks Sidewalks on both sides of East 19th Street from Newport Boulevard to Irvine Avenue. The Director of Public Services reviewed the Agenda Report dated January 20, 1992. The following Costa Mesa residents spoke in favor of the 19th Street sidewalks: Bill Vosseller, 234 East 19th Street; Bruce Jones, 355 East 19th Street; Brahm Walker, 379 East 19th Street; Jim Miller, 245 East 19th Street; Bob Hoffman, 360 East 19th Street; Diann Osterlund, 329 East 19th Street; David Wegener., 251 East 19th Street; James R. White, 493 Broadway; and Nancy Palme, 1997 Kornat Drive. Bob Wilson, 3435 Plumeria Place, Costa Mesa, opposed the proposed sidewalks on 19th Street being funded by the City, and suggested an assessment district. % 0 I Jim Miller submitted a petition to the City Clerk containing 71 signatures in support of the sidewalks and the downgrading of east 19th Street. Vice Mayor. Genis asked whether the following possibil- Ities had been discussed: (1) formation of an assess- ment district, or. (2) the City matching funds with the residents. Bob Hoffman replied that many of the resi- dents were low income, and they felt that they were entitled to Measure C funds. The Vice Mayor then made note that in the future, installation of sidewalks in residential areas should require matching funds from the homeowners. . i MOTION A motion was made by Council Member. Erickson, seconded Approve Sidewalks by Council Member. Humphrey, to approve installation of on East 19th Street 'sidewalks on both sides of East 19th Street between Newport Boulevard and Irvine Avenue, and to direct staff to work with the homeowners association to obtain ease- ments from the affected homeowners at no charge to the City. The City Attorney stated that a Negative Declaration is necessary before the project is approved. He noted Oat the environmental documentation can be approved along with the project and suggested that the project be approved in concept. i AMENDED MOTION Council Member..Er.ickson amended the original motion, to Sidewalks Approved approve the project in concept, with the environmental in Concept documentation to be reviewed along with the contract. The amended motion was seconded by Council Member. Humphrey, and carried 5-0. RECESS The Mayor declared,a recess at 8:55 p,m., and the meet- ing reconvened at 9010 P.M. NEW BUSINESS The Mayor announced that New Business Item 3 would be Orange County taken out of order to accommodate those people waiting Fair. Request to speak on this issue. The City Clerk presented Bannersrequests from Jim Ferryman on behalf of the Orange County Centennial Fair.: (a) Temporary street closures to accommodate the Centennial Fair. Parade on Saturday, July 11, 1992, which involves segments of Adams Avenue, Fairview Read, and Arlington Drive. ',(b) Permission to install 50 banners on Edison Company poles along Fairview Read and Fair Drive. Rick Pickering, Assistant to the City Manager., reviewed the request for banners as outlined in the Agenda Report dated January 30, 1992. Jim Ferryman, 1095 Tulare Drive, Costa Mesa, represent- ing the Orange County Fair., stated that the banners would be installed from June 27 to July 27, 1992. MOTION On motion by Council Member. Erickson, seconded by Temporary Street ,Council Member. Humphrey, and carried 4-0, Council Member. Closure Withdrawn; Buffa abstaining, the request for temporary street Banners Approved ;closures to accommodate the Centennial Fair. Parade was withdrawn; and the installation of 50 banners was approved. I OLD BUSINESS The City Clerk presented the Request for. Proposal (RFP) Golf and Country for operation of the Costa Mesa Public Golf and Country Club RFP ;Club. I Ann Gyben, Assistant to the City Manager., summarized the Agenda Report dated January 29, 1992. Vice Mayor. Genis asked if the Request for. Proposal, RFP, addresses how receipts from advertising would be returned to the City. Ms. Gyben responded that the information would be included. Novel James, James Development Company, 9 Richmond, Irvine, spoke about proposed reconstruction of the golf courses. . Ben Monterroso, Senior Field Representative, Service Employees International Union, 2407 East 38th Street, Los Angeles, spoke on behalf of the Costa Mesa Employees Association, Local No. 1972, on the issue of contracting out City employees' services, offering to assist in finding a solution that keeps the members employed. Bill Folsom, 2538 California Street, Santa Ana, Presi- dent, Costa Mesa City Employees Association, commented that the vast majority of people want the course to stay a publicly -maintained course with moderate prices while maintaining the above-average conditions that presently exist. Council Member. Erickson clarified that he would like to see a fourth option, specifically that the City work with the employees in maintaining the golf courses, and the City Manager. and City Attorney meet with Mr.. Folsom to refine this option. Bob Wilson, 3435 Plumeria Place, Costa Mesa, Vice Chair- man, Golf Advisory Canmittee, also spoke on the future employment of the City golf course employees, and stated he felt the new contract should be for. 25 years. He commented that he supported continuing with the champion- ships that are in effect and the free rounds of golf now offered. Mark Korando, 582 Park Drive, Costa Mesa, said the golf course people were long-term Costa Mesa employees, and he hoped they would be given every consideration. Gene Krekorian, Senior. Vice President, Economics Research Associates, 10990 Wilshire Boulevard, Suite 1600, Los Angeles, responded to questions from Council regarding the econanics of golf foursomes versus f ive- sams. MOTION A motion was made by Council Member. Buffa, seconded by Approved Council Member. Erickson, to approve distribution of the Distribution Request for. Proposals, instructing the proposers to of RFP address advertising revenues, and with the understanding that the options will be taken separately in subsequent motions. The motion carried 5-0. The following motions refer to the options listed on Page 22 of the Agenda Report dated January 29, 1992. MOTION A motion was made by Council Member. Buffa, seconded Revised Option 1 by Council Member Humphrey, regarding Option 1, to Approved approve the construction of an element to the RFP that addresses the transition plan for. City employees, which includes information on the number of personnel that will be retained, pay schedule, length of anticipated service, etc. The motion carried 5-0. MOTION On motion by Council Member. Buffa, seconded by Council Option 2 Approved Member Humphrey, and carried 5-0, Option 2, Continue the practice of starting time intervals of seven minutes or more, was approved. MOTION Options 3, 4, and 5 to be Addressed in RFP MOTION Option 6 Approved MOTION Option 7 R.F.P. to Address Fivesomes MOTION Option 8 to be Addressed in R.F.P. MOTION 15 -year. Tern of Concession Approved MOTION Maintenance Costs to be Addressed OLD BUSINESS Feedback Founda- tion Request MOTION Release of Funds Approved A motion was made by Mayor. Hornbuckle, seconded by Council Member. Buffa, and carried 5-0, directing that the following options shall be addressed in the RFP: Option 3, Continue current practice of discounts for resident seniors, juniors, and those holding monthly passes; Option 4, Continue -current practice of compli- mentary rounds for. retired City employees, high school teams, Costa Mesa Men's and Ladies' Club Board members, and Golf Course Committee Members; and Option 5, Current practice of preferred starting times for members of existing golf clubs. On motion by Council Member Buffa, seconded by Vice Mayor. Genis, and carried 5-0, Item 6, Continue current practice of restricting tournament play to 7 percent of total rounds played, was approved. On motion by Council Member. Buffa, seconded by Council Member. Erickson, and carried 5-0, Option 7, Restrict play to no more than foursomes, the RFP shall address under which conditions and projected as what percentage of play would f ivesomes be utilized, including cost differentials. i On motion by Council Member. Buffa, seconded by Council Member. Humphrey, and carried 5-0, Option 8, Retain I xisting, traditional tournaments, shall be addressed �in the RFP as follows, "Traditionally, the following tournaments have been held at the Costa Mesa Golf and .Country Club ..... how would you provide for those tourna- ments? Which number of them could you accommodate?" On motion by Council Member. Buffa, seconded by Council Member. Erickson, and carried 5-0, a 15 -year tern of concession for the turnkey operation, with two 5 -year options, was approved. On motion by Council Member. Erickson, seconded by Council Member. Humphrey, and carried 5-0, directing that 'wording shall be added to the RFP which will request !bidders to provide.a breakdown of maintenance costs. Council Member. Buffa stated that regarding the two five- year options to extend the concession contract, perfor- mance would be the -main concern, specifically conditions ,of the course, dollar. return -to the City, and satisfac- user. s . dor. Genis requested Lpients of the free ,ie City Manager to additional information on rounds of golf, and the Mayor r. espond . Clerk presented a request from Feedback Founda- zcorporated, 1200 North Knollwood Circle, , to release $12,500.00 to fund meals. Council Erickson stated he would abstain from voting on 3m. The City Manager presented the Agenda Report anuary 29, 1992. Sid Soffer., 900 Arbor. Street, Costa Mesa, asked about the source of these funds. The Mayor responded that funds would come from the Community Development Block Grant which is a Federal Fund, not the City's General Fund. Vice Mayor. Genis also clarified that these funds were previously set aside pending additional information. On motion by Council Mayor. Genis, release following roll call Member Humphrey, seconded by Vice of $12,500.00 was approved by the vote: 1 I- 1 AYES: Hornbuckle, Genis, Buffa, Humphrey NOES: None ABSENT: None ABSTAIN: Erickson OLD BUSINESS The City Clerk presented construction costs relating to Victoria Street a request from the Parks, Recreation Facilities and Widening/Land- Parkways Commission, for additional landscaped medians scaped Medians to the Victoria Street Widening Project. The Director. of Public Services reviewed the Agenda Report dated January 31, 1992, cautioning that the prices given are within a five percent variation of the final design prices. He stated that the xeriscape is more costly because it requires more labor due to the irrigation system being deleted. Sid Soffer., 900 Arbor. Street, Costa Mesa, asked for, the definition of "unappropriated bond fund monies". The City Manager responded that those monies are the savings the City realized from the competitive bids on the Victoria Street project, which can only be used for capital improvement projects. Mr,. Soffer then asked the total cost of the Victoria Street Widening project, and the Director. of Public Services stated that the construction award price was $5.2 million, approxi- mately $1.2 million will be received from the County, approximately $400,000.00 from the State, and the right- of-way costs were approximately $18 to $19 million. MOTION On motion by Council Member. Buffa, seconded by Council Alternate I Member. Erickson, staff was directed to instruct the Approved contractor, to proceed with Alternate I as outlined in the Agenda Report dated January 31, 1992. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Mayor. Hornbuckle asked the City Manager to prepare a report on initiating a master plan of medians and park- ways. MOTION A motion was made by Council Member. Humphrey, seconded Capital Improve- Vice Mayor. Genis, and carried 5-0, to stop expenditures ment Priorities from the unappropriated bond fund until priorities are to be Established established for, medians and other capital expenditures throughout the City, and also to established priorities for all capital expenditures from any of the City's funds. RECESS The Mayor declared a recess at 10:35 p.m., and the meet- ing reconvened at 10:45 p.m. NEW BUSINESS The City Clerk presented the 1991-92 Mid -Year. Budget 1991-92 Mid- Review. The Director. of Finance reviewed the Agenda Year. Budget Report dated January 27, 1992, noting that the informa- Review tion presented is based on one-half of the fiscal year and would like to bring back an update of this infor- mation in April. The City Manager stated that no action is required on this item, and Mayor. Hornbuckle announced that it was received and filed. NEW BUSINESS The City Clerk presented the 1992-93 Department Budget 1992-93 Budget Reduction Action Plan. The Director. of Finance reviewed Reduction Plan the Agenda Report dated January 29, 1992. 193 194 Sid Soffer., 900 Arbor. Street, Costa Mesa, commented on the current budgetary shortcomings. Reed Pullan, General Manager., Marriott Hotel, 500 Anton Boulevard, Costa Mesa, addressed the proposed 50 percent reduction for arts funding, stating that his business is greatly affected by the Performing Arts Center and other artistic endeavors'in Costa Mesa, and if these are cut, it could greatly affect occupancy in the hotel. John Feeney, 1154 Dorset Lane, Costa Mesa, commented on ,the proposed action plan, and mentioned the elimination of non-essential spending. Barbara Beck Jencks, 443 Flower. Street, Costa Mesa, 'spoke on the closure of the Downtown Community Center swimming pool during the winter months, mentioning several groups that would be directly affected by the closure. Caryn Snell, 2020 Wallace Avenue, Costa Mesa, stated that her husband, who has a severe head injury, is a student at High Hopes, and she urged keeping the pool open all year.. Nancy Palme, 1997 Kornat Drive, ;Costa Mesa, also spoke in favor of keeping the swimming pool open. John Moorlach, 3169 Madeira Avenue, Costa Mesa, referred Ito the Agenda Report, Page 3, Revenue Generation, "Staff will update the City's current user fee schedule...", and asked for clarification of the fees being refer.- enced. The City Manager responded that user fees affect a variety of programs, generally those that serve only a 'specific percentage of the population. Mr. Moorlach was ,opposed to cutting the Council's salary by 25 percent. Ernie Feeney, 1154 Dorset Lane, Costa Mesa, referred to Page 9, Item 1, and asked if the City Clerk's office would be consolidated with the City -Manager's office. 1w City Manager, stated that it was being assessed City- wide how to better.'coordinate services in combining departments in a long-term effort to reduce personnel ,costs. I Referring to Council agenda and minute mailings from the City Clerk's office, Vice Mayor. Genis stated that every- one who receives these copies should submit self- addressed, stamped -envelopes, excepting other govern- mental agencies. She suggested this action be added to the City Clerk's Action Plan, Page 8 of the Agenda (Report, under. "Additional 1992-93 Budget Reduction/ Efficiency Considerations". The Vice Mayor referred to jPage 9, and questioned turning off every other. street !light on arterials. The Director. of Public Services jreplied there are areas where there are higher levels ,of light due to more frequent spacing of street lights ithan would normally be required. The City Manager stated that any item that involved the service level ;would be brought back to Council. MOTION ;On motion by Council Member. Erickson, seconded by Plans Approved (Council Member Humphrey, and carried 4-1, Vice Mayor. With Exceptions �Genis voting no, the Budget Reduction Action Plans, as !recommended by the department heads, were approved, with, ,the exception of the following which were pulled for further. investigation: Page 23, Turning off every other street light on arterials; Page 29, Aquatics Program; L and Page 28, Playground Program; with the recommendation to the City Manager that management salaries be frozen, from management to the City Manager level, and to reopen the Meet and Confer, process with the Employees Associa- tions; and investigate making recreation programs more self-sufficient. Council Member. Erickson suggested that staff prepare a more detailed report on the items excepted above to be discussed at the regular meeting of February 18, 1992.. Regarding ;revenue enhancement, Vice Mayor. Genis suggested that a system of fines for code enforcement be considered, not only as a means of raising revenue but also to encourage speedy compliance, with the fines enforced after a certain amount of days of non- compliance. NEW BUSINESS The City Clerk presented a request to authorize the City United States Manager to apply for. United States Department of Housing Department of and Urban Development HOME Funds for, fiscal year. 1991 - Housing and Urban 92. The City Manager clarified that at this time the Development City is making application, and the terms and conditions 1991-92 HOME and specific programs will be decided by Council later.. Funds John Feeney, 1154 Dorset Lane, Costa Mesa, noted that these -types of funds -were the reason the United States government had a large deficit. MOTION On motion by Council Member. Buffa, seconded by Council Authorization Member. Erickson, and carried 5-0, the City Manager was Granted granted authorization to apply for. HOME funds. NEW BUSINESS The City Clerk presented City Attorney's Report No. 92-6 Repeal of Sensible and an ordinance repealing the Costa Mesa Municipal Code Growth and Traffic sections pertaining to the citizens sensible growth and Control Amendment traffic control amendment. On motion by Council Member. Erickson, seconded by Council Member. Humphrey, and MOTION/Continued to carried 5-0, this item was continued to the meeting of February 18, 1992 February 18, 1992. NEW BUSINESS The City Clerk presented committee formation application Ad Hoc Transporta- for the ad hoc citizens transportation alternative study tion Study Group group. The City Manager summarized this request as reported in his memorandum of January 31, 1992. Council Member. Erickson stated that the Citizens Trans- portation Alternative Study Group desires to become officially affiliated with the City to facilitate work- ing with the County in the future. He stated that the people currently on the committee, approximately 20, would form the official committee. Vice Mayor. Genis expressed her feeling that the selec- tion of committee members should be an open process, and they should not be the self-appointed members that originally formed the committee. Nancy Palme, 1997 Kornat Drive, Costa Mesa, read the names of the members of the committee noting the area each member represents. Council Member. Erickson sug- gested that a Council resolution endorsing the actions of the group would suffice. Motion to A motion was made by Council Member. Humphrey, seconded Generate Committee by Council Member. Erickson, to generate the Transporta- Withdrawn tion Alternative Study Group as an ad hoc committee, to have a total resident membership of 20, to be generated from an open forum. After the substitute motion was made Council Member. Humphrey withdrew this motion. Council Member. Buffa stated he could not support a motion to form a committee with 20 members. He suggested, and Vice Mayor. Genis concurred, that the committee would gain more ground as an independent committee rather than an ad hoc committee of the City. I Roy Pizarek, 1923 Whittier Street, Costa Mesa, stated that the goal of the Citizens Transportation Alternative Study Group is to have the bridges and widening of East 19th Street taken off the Master. Plan of Arterial High- ways. He spoke at length on the process of getting this task accomplished. SUBSTITUTE MOTION A substitute motion was made by Council Member. Erickson, Preparation of seconded by Mayor. Hornbuckle, and carried 5-0, to Resolution Approved approve the preparation of a resolution to endorse the activities of the committee. CITY ATTORNEY'S The City Attorney suggested, and Council concurred, REPORTS/Green v. continuing the matter. of Tim Green v. Amburgey, Orange Amburgey Continued County Superior. Court Case No. 63-93-04, to the meeting to February 18, 1992 of February 18, 1992. The Edwards Group The City Attorney requested a closed session pursuant to Government Code Section 54956.9(c) to discuss The Edwards Development Corporation dba The Edwards Group. Mayor. Hornbuckle announced that closed session would be held after close of regular. business. Baron v. City of On motion by Council Member. Buffa, seconded by Council Costa Mesa Member. Humphrey, and carried 5-0, settlement was approved as recommended in the City Attorney's confiden- MOTION ,tial memorandum dated January 24, 1992, regarding Baron Settlement Approved v. City of Costa Mesa, Orange County Superior. Court Case No. 62-51-96. Rosales v. City On motion by Council Member. Buffa, seconded by Council of Costa Mesa Member. Humphrey, and carried 5-0, settlement was approved as recommended in the City Attorney's conf iden- MOTION tial memorandum dated January 30, 1992, regarding Settlement Approved )Rosales v. City of Costa Mesa, Municipal Court Case No. 90 C 2220. Koll-Irvine LawsuitA motion was made by Council Member. Buffa, seconded by Mayor. Hornbuckle, and carried 4-1, Council Member. MOTION Humphrey voting no, to accept the recommendation as Recommendation outlined in the City Attorney's confidential memoran- Approved dum dated January 30, 1992, regarding Koll-Irvine Center. Property ty Owner. s Association v. County of Orange, Orange (County Superior Court Case No. 67-52-53. The Edwards Group A motion was made by Council Member. Buffa, seconded by Mayor. Hornbuckle, to accept the City Attorney's reccm- Motion to Accept mendation regarding The Edwards Development Corporation Recommendation was dba, The Edwards Group, United States Bankruptcy Court Withdrawn ,'Case No. SA 91 -41633 -JW. The City Attorney suggested !this item be discussed in closed session. Council (Member Buffa withdrew the motion. COUNCIL MEMBERS ;Vice Mayor. Genis commented on the committees that have COMMENTS a significant amount of staff support, and she suggested 'having only one staff member, at each meeting, including Staff Support ;study sessions, with the exception of the Planning Com - !mission study session. She also suggested that regard- ing major research requests fran committees that entail ;significant staff time, that Council receive an informal ;notification. Vice Mayor. Genis said that because the ;City is going to operate with a leaner, staff, that staff ;time should not be spent sitting in meetings unless 'related to their area of expertise. I� L ADJOURNMENT TO At 1:00 a.m., the Mayor adjourned the meeting to closed CLOSED SESSION session in the first -floor. Conference Room, to discuss the item previously announced by the City Attorney. MEETING RECONVENED The Mayor reconvened the meeting at 1:10 a.m. The following action was taken: The Edwards Group By a vote of 5-0, the City Attorney's recommendation in his confidential memorandum dated January 27, 1992, was accepted regarding The Edwards Development Corporation MOTION dba The Edwards Group, United States Bankruptcy Court Recommendation Case No. SA 91 -41633 -JW: (1) to retain special bank - Accepted ruptcy counsel; (2) to direct bankruptcy counsel to determine if there are defaults and, if necessary, apply to Bankruptcy Court for relief to terminate the agree- ment; and (3) to authorize the Mayor to sign a written waiver of possible conflicts of interest in order, to permit Los Alisos Water. District to utilize the same bankruptcy counsel. ADJOURNMENT The Mayor declared the meeting adjourned at 1:15 a.m. i Mayor. of0the.City of Costa Mesa ATTEST: G;' MAI—AA— C ty Clerk of the City of CostYe sa ^ro 197