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HomeMy WebLinkAbout02/18/1992 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA FEBRUARY -18, 1992 The City Council of the City of Costa Mesa, California, met in regular. session February 18, 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 Deacon Jerry Da Silva, Seventh-Day Adventist 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 i Council Members Absent: None Officials Present: Acting City Manager. Donald Lamm City Attorney Thomas Kathe Public Services Director. William Morris Principal Planner. Mike Robinson City Clerk Eileen Phinney MINUTES On motion by Council Member. Buffa, seconded by Council January 27, and Member. Erickson, and carried 5-0, the minutes of the February 3, 1992 'special meeting of January 27, 1992, the adjourned ;special meeting of January 27, 1992, and the regular meeting of February 3, 1992, were approved -as distrib- uted. ORDINANCES A motion was made by -Council Member Buffa, seconded by Council Member. Humphrey,_and carried 5-0, to read all ordinances by title only._ ORAL COMMUNICATIONS Roy Andreen, 2769 Cibola,Avenue, Costa Mesa, represent- ing the Mesa del Mar. Homeowner's Association, expressed concern about being notified in a timely fashion of future agenda items that would impact the Mesa del Mar housing tract. He.also commented that he was pleased the Centennial Fair. Parade was not to be held. Koll-Irvine Lawsuit Judith Jelinek, 3184-H Airway Avenue, Costa Mesa, stated ;that a number of people representing the Koll-Irvine Center. Property Owners Association were in attendance to again protest the fuel tanks located at John Wayne Airport. She pointed out several areas that would be directly affected by an explosion or malfunction of the 'tanks, stating that the fatality zone is a one-half mile radius. (John Reid, 3184-C Airway Avenue, Costa Mesa, a Koll- Irvine Association member., stated that each of the three ;fuel tanks, which are located approximately 100 feet from his office building, is filled with 300,000 gallons of highly flammable and toxic jet fuel. He asked for support in having the tanks either deactivated or placed underground. !Suzie Karjala, 3185-C Airway Avenue, Costa Mesa, a IKoll-Irvine Association member., reported the chronology :of events and listed documents presented to the City regarding this matter. She then reiterated four courses of possible action available to the City. She requested financial assistance of the City in the pending lawsuit. Doris Emerson, 3162 Madeira Avenue, Costa Mesa, urged support of the Association in pursuit of their. lawsuit. Robert Anderson, owner of the building at 3198-H Airport Loop Drive, Costa Mesa, expressed concern for the safety of his tenants due to the proximity of the fuel tanks. Joe Frasier., owner of the building at 3198-C Airport Loop Drive, stated the fuel tanks are situated in a location where a jet airplane had previously crashed, and he also asked for assistance from the City in this matter. . Rita Lorman, 1641 Industry Street, Santa Ana Heights, reviewed airplane crashes which have occurred in the vicinity of the John Wayne Airport. Mayor. Hornbuckle asked the City Attorney to place a closed session regarding the Koll-Irvine issue on the agenda for. March 2, 1992. F.A.A. Seminars Jim Ure, 1163 Salvador. Street, Costa Mesa, requested permission to use a room at the Neighborhood Community Center at no cost for aviation safety meetings to be presented by the Federal Aviation Administration, F.A.A. Mayor. Hornbuckle suggested that this request be submit- ted on F.A.A. letterhead as it has been a long standing policy to provide space at no cost to other governmental agencies. Soffer. Comments Sid Soffer., 900 Arbor. Street, Costa Mesa, commented on the poor traffic signal coordination in the City, and remarks that had been made at a previous -Council meeting concerning the City's Budget. RECOGNITION The Mayor presented Certificates of Congratulations to Student Contest Kallista Bley for, winning the Essay Contest on the Awards theme, "How I Would Improve Costa Mesa's Traffic Circu- lation";. and Mrs. Rushmore, California School 3rd Grade teacher., accepted on behalf of Joanna Danner., for winning the Drawing Contest on the theme, "My Favorite Type of Transportation". Charles Markel, representing Mesa Pride, the contest sponsor., introduced Mesa Pride officials and representatives from Park Private Day School, and he thanked Transportation Manager. Peter. Naghavi for being a judge in the contest. CONSENT CALENDAR The following items were removed from the Consent Calen- dar.: Item -3, Change Order. E to the contract with Norris-Repke, Incorporated, to design landscape irriga- tion meters for the Victoria Street Widening Project. On motion by Council Member. Buffa, seconded by Council Member Erickson, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None READING FOLDER On motion by Council Member.. Buffa, seconded by Council Member. Erickson, and carried 5-0, the following Reading Folder items were received and processed: ,12-14 Claims Claims received by the City Clerk: Thomas Barnes; to Norris-Repke Order E for. $1,800.00 to the contract with Norris-Repke, Rhonda Bird; John F. Downey; Michelle Frost; and Incorporated, 18231 Irvine Boulevard, Suite 204, Tustin, Robert Gilbert Spears. i Alcoholic Street Widening Project by downsizing the 2 -inch meters i Alcoholic Beverage Licenses for which parking has been Beverage I approved by the Planning staff: American Drug Stores, Licenses Incorporated, doing business as Courtyards of Costa ;changing the design for the irrigation meters, the City Mesa CVS, Incorporated, 1835-C Newport Boulevard; and 'should attempt to conserve money on this project. The American Drug Stores, Incorporated, doing business as Public Services Director clarified that the proposed Orange Coast CVS, Incorporated, 1175 Baker Street, ,change would actually save the City approximately Unit B. Opposition to Letter. from R. M. Wolff, Wolff Engineering, 350 East Speed Humps on I 17th Street, Suite 211, Costa Mesa, opposing the 16th Street existing speed humps on 16th Street between Irvine Member. Erickson, the change order was approved by the Avenue and Santa Ana Avenue. VARRANTS I On motion by Council Member. Buffa, seconded by Council AYES: Hornbuckle, Genis, Buffa, Member Erickson, Warrant Resolution 1513, including Pay - MOTION roll 9203, was approved by the following roll call vote: Warrant 1513 AYES: Hornbuckle, Genis, Buffa, Approved Humphrey, Erickson NOES: None ABSENT: None ADMINISTRATIVE I On motion by Council Member Buffa, seconded by Council ACTIONS Member. Erickson, Resolution 92-6, A RESOLUTION OF THE Woman of the Year CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Helen Redding COMMENDING HELEN REDDING ON BEING CHOSEN WOMAN OF THE YEAR IN RECOGNITION OF OUTSTANDING COMMUNITY SERVICE, MOTION was adopted by the'following roll call vote: Resolution`92-6 AYES: Hornbuckle, Genis, Buffa, Adopted Humphrey, Erickson NOES: None ABSENT: None Man of the Year On motion by Council Member. Buffa, seconded by Council James M. Ferryman Member. Erickson, Resolution 92-7, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION COMMENDING JAMES M. FERRYMAN ON BEING CHOSEN MAN OF THE Resolution 92-7 YEAR IN RECOGNITION OF OUTSTANDING COMMUNITY SERVICE, Adopted was adopted by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey,. Erickson NOES: None ABSENT: None Change Order. E,Item 3 on the Consent Calendar was presented: Change to Norris-Repke Order E for. $1,800.00 to the contract with Norris-Repke, Contract Incorporated, 18231 Irvine Boulevard, Suite 204, Tustin, to design landscape irrigation meters for. the Victoria Victoria Widening Street Widening Project by downsizing the 2 -inch meters Landscape Irriga- to 1 -1/2 -inch, and relocating said meters. Sid Soffer, tion Meters 900 Arbor. Street, Costa Mesa, suggested that instead of ;changing the design for the irrigation meters, the City 'should attempt to conserve money on this project. The Public Services Director clarified that the proposed ,change would actually save the City approximately $30,000.00 minimum, with possible additional long-term savings. MOTION iOn motion by Council Member. Buffa, seconded by Council Change Order. Member. Erickson, the change order was approved by the Approved 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 Locations for, place set for the public hearing to consider an ordi- Food or. Beverage nance amending Title -13 of the Costa Mesa Municipal Service Code pertaining to development standards and review procedures to establish locations for food or beverage service. Environmental Determination: Exempt. The Affidavit of Publication is on file in the City Clerk's office. The Principal Planner reviewed the Agenda Report dated February 7, 1992. Regarding Table 1, Item 1, on Page 4 of the Agenda Report, he clarified that if a use complies with the standards as set out in Section 13-242, Development Standards for. Establishments, a Minor Conditional Use Permit is not required— He also stated that Food or. Beverage Service was correct, not Food "and" Beverage. Calvin Coker., 2855 Pinecreek Drive, No. B-404, Costa Mesa, expressed concern regarding the parking restric- tions for nightclubs, stating that the current ratio is 10 spaces per. 1,000 feet of gross floor, area. He stated that he feels this ratio is fair and should not be increased. Sid Soffer., 900 Arbor. Street, Costa Mesa, commented that Costa Mesa restaurant owners did not have proper notifi- cation that this item would be on the agenda this evening. Tom Oeschger., 1000 South Coast Drive, Costa Mesa, stated that he is currently negotiating to purchase a nightclub in Costa Mesa and was concerned that the proposed ordi- nance would impact the feasibility of this project. Discussion ensued regarding Page 7 of the Agenda Report, Section 13-242, 1A(2), regarding outdoor public communi- cation systems, where it was ascertained these types of systems would be used for dr. ive-thru restaurants and for outdoor. -customer. paging. The Mayor asked the Principal Planner to clarify the wording in this section to elimi- nate the type of outdoor pagers that automobile dealers typically have. Regarding Subsection 1A(3), Vice Mayor. Genis suggested that trash enclosures should also be visually screened from residential areas. She also commented that the sale of alcoholic beverages for on-site consumption, reference Page 6, Table 1, Exceptions, should be changed from 11:00 P.M. to 10:00 P.M. MOTION On motion by Council Member. Buffa, seconded by Council Continued to Member. Erickson, and carried 5-0, this item was con - March 16, 1992 tinued to the meeting of March 16, 1992, directing staff to circulate the proposed ordinance to those people who hold business licenses in the City for a food or beverage service establishment and to appropriate homeowners associations which abut commercial areas. PUBLIC HEARING The City Clerk announced that this was the time and Growth Management place set for the public hearing to consider General Element Plan Amendment GP -92-01, City of Costa Mesa, to incor- porate a Growth Management Element as required by the revised Traffic Improvement and Growth Management Ordi- nance, Measure M. Environmental Determination: Nega- tive Declaration. The Affidavit of Publication is on file in the City Clerk's -office. Council Member. Buffa Returns i i The Principal Planner summarized the Agenda Report dated February 10, 1992. He stated that Policy 300, Page 7, establishing traffic level of service outlining defi- cient intersections, is the only policy which is incon- sistent with the straw votes taken on the General Plan. Mayor. Hornbuckle suggested changing the section which I "level of service (LOS) D", to read, "level of service (LOS) D or. better.". Council Member. Buffa returned to his seat at 7:45 p.m. after. a brief absence. Sid Soffer., 900 Arbor. Street, Costa Mesa, referring to Pages 7 and 8 of the Agenda Report, stated that all the policies listed contained mitigation fees that would be charged to developers to help to control traffic problems. Council Member. Erickson disagreed with Mr.. Soffer.'s comment that the City's traffic signals were not coordinated in order to obtain mitigation fees from develoDers. MOTION On motion by Council Member. Erickson, seconded by Continued to Council Member. Humphrey, and carried 5-0, this item was March 16, 1992 continued to the meeting of March 16, 1992. OLD BUSINESS i The City Clerk presented from the meeting of December. General Plan Amend- 16, 1991, General Plan Amendment request from Paul ment Request Tur.igliatto, Interinsurance Exchange of the Automobile Automobile Club Club of Southern California, 2601 South Figueroa Street, Los Angeles, to change the land use designation of 29.5 acres at 3333 Fairview Road from Industrial Park to Urban Center. Conunercial to allow expansion of Automobile Club facilities. The Principal Planner reviewed the Agenda Report dated February 10, 1992. 1 Tur.igliatto, Director. of Administrative Services the Automobile Club, addressed the Club's facility uirements in Costa Mesa stating that of primary cern is the necessity to consolidate a majority of functions of the Los Angeles office with the Costa a Office in order to reduce overhead.expenses and to ntain low annual membership fees. He stated that he not yet spoken to the adjoining property owner arding a development right transfer and would speak homeowners associations after. the General Plan Amend - t Request was accepted. lin Cole, 2482 Fairview Way, Costa Mesa, spoke ably about the Automobile Club suggesting that they to work with the City to define goals. it Member. Buffa pointed out that the Automobile has an excellent record regarding Traffic Demand ement, and is also an excellent corporate neighbor. MOTION ion motion by Council Member. Erickson, seconded by General Plan Amend- Council Member. Genis, and carried 5-0, the request to ment Request 1,process a General Plan Amendment was rejected, based on Rejected ;Council Policy 500-2, with direction to staff to work !with the Automobile Club in the processing of a specific ,plan for the north end of the City. OLD BUSINESS Parking and Open Space Requirements The City Clerk presented from the meeting of February 3, 1992, Ordinance 92-1 for second reading and adoption. The ordinance amends the residential parking and open space standards. Environmental Determination: Negative Declaration. The Principal Planner reviewed the Agenda Report dated February 7, 1992. He confirmed that park- ing in a private drive would count as a required open space for the unit, as noted in the Table on Page 3, footnote (3). Heather. Somers, 313 Robin Hood Lane, Costa Mesa, reviewed a prior version of the proposed ordinance noting several discrepancies, and requesting that these be reviewed before adoption. Council Member. Erickson questioned the information to which Ms. Somers was referring. The Principal Planner replied that this was in reference to the proposed small -lot single-family development standards and not the ordinance which is presently under consideration. In reply to a question posed by Ms. Somers, the Principal Planner stated that the County Board of Supervisors has adopted a policy which encourages cooperation and compliance with the development standards within the sphere of influence of the city within which a County project is proposed. MOTION On motion by Council Member. Buffa, seconded by Council Ordinance 92-1 Member Humphrey, Ordinance 92-1; AN ORDINANCE OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE REGARDING RESIDENTIAL PARKING AND OPEN SPACE REQUIRE- MENTS, was given second reading and adopted by the following roll call vote: AYES: Hornbuckle, Genis, Buffa,. Humphrey, Erickson NOES: None ABSENT: None RECESS The Mayor declared a recess at 8:30 p.m., and the meet- ing reconvened at 8:40 p.m. OLD BUSINESS The City Clerk presented continued from the meeting of Repeal of Sensible February 3, 1992, City Attorney's Report No. 92-6 and an Growth and Traffic ordinance repealing the Costa Mesa Municipal Code Control Amendment sections pertaining to the citizens sensible growth and traffic control amendment. The City Attorney reviewed his report dated January 16, 1992. MOTION On motion -by Council Member. Buffa, seconded by Council-. Ordinance 92-5 Member. Erickson, Ordinance 92-5, AN ORDINANCE OF THE Given First CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading REPEALING SECTIONS 13=900, 13-901, 13-902, 13-903, 13- 904, AND 13-905 OF THE COSTA MESA MUNICIPAL CODE PERTAINING TO THE CITIZENS SENSIBLE GROWTH AND TRAFFIC CONTROL, was given.first reading and passed to second reading by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None OLD BUSINESS The City Clerk presented a resolution in support of the Transportation "Transportation Alternatives Study Group". The Mayor. Alternatives noted that the word "alternatives" should be plural in Study Group the resolution when it is in the title of the study group. Council Member. Erickson also noted on Page 1 of the resolution, third paragraph, second line, presently reads, "...formed was explore", and should read, "formed to explore". MOTION On motion by Council Member. Humphrey, seconded by Resolution 92-5 Council Member. Buffa, Resolution 92-5, A RESOLUTION Adopted OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFOR- NIA, ENDORSING THE ACTIVITIES OF THE CITIZENS' TRANS- PORTATION ALTERNATIVES STUDY GROUP, was adopted by the following roll call vote: 213 NEW BUSINESS 1990 General Plan Direction AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None The City Clerk presented a request from the Planning Division for policy direction and clarification regard- ing City Council action on the 1990 General Plan. Communications were received from Steven W. Stapakis, President, Neke Homes, Incorporated, 16832 Pacific Coast' Highway, Sunset Beach, regarding a pending application for. a.Conditional Use Permit for. a 16 -unit condominium I roject at 2223 Pacific Avenue, Costa Mesa; and Brian G. Wood, owner of property at 340 Cabrillo Street, Costa Mesa, regarding a zoning reduction for his property. The Principal Planner summarized the Agenda Report dated February 10, 1992,.pointing out the two areas where direction from Council is required: (1) how the new General Plan standards will affect projects that are currently in the process; and (2) allowable density of residential components within the Urban Center. Commerial iand-use designation. Steven Stapakis, 2821 Tucker. Lane, Los Alamitos, reviewed the problems he has encountered in designing his 16 -unit condominium project due to major changes in the City's planning criteria. He stated that the vesting map was not submitted until February 10, 1992, and even if the Conditional Use Permit were granted, he could not convert the units into condominiums which was the original intent. The City Attorney clarified that it is within Council's discretion to set the deadline, or cutoff date, and that it need not be February 6, 1992, but could be March 2, 1992, when the General Plan is adopted. Paul Balalis, 1129 East Balboa Boulevard, Newport Beach, relayed his experience with building a 4 -unit condo- minium project in Costa Mesa, including the problems caused by the changes in the parking standards. Mike Rolfes, 174 Broadway, Costa Mesa, stated he has not I ubmitted his application to the Planning Department as he was advised to wait for the outcome of this meet- ing. He stated his condominium conversion project complies completely with the existing General Plan and also complies with the new parking standards. i Craig Hampton, 2405 La Mesa Court, Costa Mesa, owner. of Pacific Building Concepts, stated he has two projects in the planning process at this time, and he listed the various options open to him. He suggested that staff infonn Costa Mesa residents, especially those with R2 property, that their property may be downzoned. Brian Wood, 18731 Vale Avenue, Santa Ana, stated the zoning for his property on Cabrillo Street was reduced from R4 to R2, the density was reduced from 15 to 12 units, and the rounding up provision was eliminated, so he now has a single unit in the midst of high-density apartments. Council Member. Erickson reviewed staff's memorandum dated February 17, 1992, concerning Mr.. Wood's letter.. Mike Talbot, 19800 MacArthur. Boulevard, Suite 1450, Irvine, a residential builder in Costa Mesa, stated he is working.on a development that involves R2 -zoned i LF property in Costa Mesa. He"reported that many older citizens will lose significant money if their property is downzoned which will impact their retirement, and he felt they should be notified of the impending zone changes. The City Attorney clarified that the City had met all the due process requirements for. the General Plan adoption, and individual property owners will receive notification if their property is to be down - zoned or upzoned when the zoning changes occur after. the General Plan is adopted. Donna Garcia, 280 East 15th Street, Costa Mesa, read a letter., a copy of which was given to Council, regarding her. R2 property on East 15th Street which will be down - zoned under the new General Plan. She stated this will prevent the construction of a new home which is now in the planning approval process, and it will severely decrease the value of the property. She asked that her property ty be exempt from the downgrading. Elaine Rowan, 437 Ogle Circle, Costa Mesa, stated this was the second time her. planned 3 -unit condominium complex was being downzoned, and she requested to be allowed to complete the project under the existing General Plan. Ed Rowan, 437 Ogle Circle, Costa Mesa, addressed the vesting map for the planned 3 -unit condominium project, and asked if he would lose -all that he has put into the project since it was not approved prior. to February 6, 1992. He recommended that the cut-off date be the date the General Plan is adopted. The City Attorney explained that the straw vote proce- dure was a result of a recent decision, ruling that the Planning Department has the ability to look at the straw vote as the proposed General Plan and test it against the development applications to determine if they will frustrate the proposed General Plan and to recommend denial if they do. Council Member. Buffa stated that there are many more citizens caught in the Planning process "pipeline" than appeared tonight, and they all have different circum- stances. Motion Regarding A motion was made by Council Member Buffa, seconded by General Plan Council Member Erickson, that at the meeting of March 2, Resolutions 1992, or whenever, the final resolutions to adopt the Withdrawn General Plan are presented to Council, they are accom- panied by an informational memorandum stating which projects are in the "pipeline" and recommendations on how to deal with each of them. After the substitute motion was made, Council Member. Buffa withdrew -this motion. The City Attorney clarified that when an application for a vesting tentative map is filed, although there are 30 days to accept the map, once it is accepted, the date reverts to the original filing date. SUBSTITUTE MOTION A substitute motion was made by Council Member. Erickson, Filings Accepted seconded by Council Member. Humphrey, and carried 4-1, through March 2, Council Member. Buffa voting no, to accept filings up to 1992 and including March 2, 1992, at 5:00 p.m., substituting that date for. the February 6, 1992, date in Items 1 and 3, and deleting Item 2, Page 2, of the Agenda Report dated February 10, 1992, and amending the 120 days to obtain a building permit listed in Item 3 to 180 days. sir - 0 220 MOTION i on motion by.Council Member. Erickson, seconded by Staff Directed Council Member. Buffa, and carried 5-0, staff was direct - to Modify General ed to revise General Plan Policy No. 116 for Council Plan Policy No. 116 approval, which would not permit "rounding up" even if the result would not exceed General Plan density stan- dards, to reflect that the 5 percent "round up" rule applies when the difference is between one and two units; and directed staff to explore options such as specifying a specific density for areas that are short 1.97 units. Malcolm Ross, C. J. Segerstrcm and Sons, 3315 Fairview Road, Costa Mesa, requested clarification regarding the development potential for the remaining vacant lot in Town Center., noting that the Floor. Area Ratio, FAR, of existing development in Town Center, exceeds the FAR that would be placed on the property by the new General Plan. Vice Mayor. Genis stated that she had doubts about changing items after the straw votes had been taken. She expressed concern about areas that are currently in excess of the intensity which had been assigned; how- ever., she stated that if FARs were raised to accommodate existing buildings'that would also raise the FAR permis- sible on vacant parcels. i MOTION A motion was made by Council Member Humphrey, seconded Limited Residential by Vice Mayor. Genis, and carried 3-2, Council Members Component in Hornbuckle and Buffa voting no, limiting the residential Urban Center component of the Urban Center Commercial to 20 -units - Commercial per. -acre standard for high-density residential, with the exception of the 25 to 35 -units -per. -acne at the Lakes project and Sakioka residential sites. Colm Macken, Transpacific Development Company, 2377 Crenshaw Boulevard, Torrance, received clarification on the motion from the Principal Planner as to the affect on Urban Center. Commercial parcels versus the Sakioka lot that is high density residential. i CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORTS/Island Government Code Section 54956.9(a) to discuss the Trader.; Green; following matters:, Howell (Island Trader.) v. City of McCauley; Zych; Costa Mesa; Tim Green v. Amburgey; Lacy McGauley v. City Montrose Chemical; of Costa Mesa, et a1.; Jeffrey Zych v. City of Costa and Sunset Mesa, et.al.; U. S. v. Montrose Chemical, et al.; City Restaurants of Costa Mesa v. Sunset Restaurants (Hogue Barmichaels), et al. The Mayor announced that closed session would be held after close of regular business. Council Member Erickson complimented the City's Department COUNCIL MEMBERS Heads and management on their letter. of February 4, COMMENTS 1992, accepting a voluntary salary freeze. Salary Freeze Council Member. Buffa reported that he was in receipt of Golf Course 'a letter. from Bob Wilson, who serves on the Golf Course Problems Committee, raising some serious issues about the cart .paths, design of the drive-in, and some questions Referred to Meeting regarding the water that will be received under the of March 2, 1992 ;Green Acres Project. He asked for a report from staff addressing these issues, and also asked the Acting City !Manager to place this item on the agenda for. March 2, ,1992. Orange County Fair. Vice Mayor. Genis suggested the City start to act now to !prepare for the upcoming Orange County Fair. regarding !traffic coordination and whatever other actions which lane necessary. She stated that the South Coast Air AQMD Hearings Quality Management District, AQMD, has formed a commis- sion on air quality and -the economy,.and they will be having hearings throughout southern California with one in Orange County on March 16, 1992, at the Doubletree Lobbying Disclosure Hotel in Orange. She suggested adding a lobbying Provision disclosure provision in ordinances to identify paid lobbyists and prevent conflicts of interest. Swap Meet Mayor. Hornbuckle asked the City Attorney to investigate the Orange County Fair Board's upcoming decision regard- ing the swap meet operation to determine if an environ- mental analysis has been done. ADJOURNMENT TO At 10:45 p.m., the Mayor adjourned the meeting to a CLOSED SESSION closed session in the first floor. Conference Room to discuss the six items previously announced by the City Attorney. MEETING RECONVENED The Mayor reconvened the meeting at 11:10 p.m. The following action was taken: Howell (Island No action was taken in the matter. of Howell -(Island Trader.) v. City of Trader.) v. City of Costa Mesa, Orange County Superior. Costa Mesa Court Case No. 67-33-29, which was continued from the meeting of January 20, 1992. Tim -Green v. No action was taken in the matter. of Tim Green v. Amburgey Amburgey, Orange County Superior. Court Case No. 63-93- 04, which was continued from the meeting of February 3, 1992. Lacy McGauley v. By a vote of 5-0, the settlement offer was accepted as City of Costa Mesa detailed in the City Attorney's confidential memorandum dated February 13, 1992, regarding Lacy McGauley v. City MOTION/Settlement of Costa Mesa, et al., Orange County Superior. Court Case Approved No. 59-14-76. Jeffrey Zych v. By a vote of 5-0, the settlement offer as outlined in City of Costa Mesa the City Attorney's confidential memorandum dated February 13, 1992, was rejected regarding Jeffrey Zych MOTION v. City of Costa Mesa, et al., United States District Settlement Rejected Court Case No. SACV91-6379 AHS (EX). U.S. v. Montrose By a vote of 5-0., the following action was authorized Chemical regarding U. S. v. Montrose Chemical, et al., United States District Court Case No. SACV 90-3122 AAH (JRx): MOTION settlement in an amount not to exceed $35,000.00 was Settlement Approved approved, and the Mayor., City Manager. and City Attorney were authorized to send letters. Costa Mesa v. Sunset Restaurants (Hogue By a vote of 5-0, the settlement offer as outlined in Barmichaels) the City Attorney's confidential memorandum dated February 13, 1992, was rejected. regarding City of MOTION/Settlement Costa Mesa v. Sunset Restaurants-.(Hogug Barmichaels), Rejected Orange County Superior. Court Case No. 65-20-43. ADJOURNMENT The Mayor declared the meeting adjourned=at 11:15 p.m. Mayor. o the City of Costa Mesa ATTEST: LAS, C U�A 1AA_*tA4J. Cilty Clerk -of the City bf Costa esa