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HomeMy WebLinkAbout04/06/1992 - City CouncilROLL CALL REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA APRIL 6, 1992 ;The City Council of the City of Costa Mesa, California, ;met in regular. session April 6, 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 Chaplain Lloyd Sellers, Hoag Memorial Hospital -Presbyterian. Council Members Present: Council Members Absent: Officials Present: Mayor. Mary Hornbuckle Vice Mayor. Sandra Genis Council Member. Peter. Buffa Council Member. Jay Humphrey Council Member. Joe Erickson None City Manager. Allan Roeder. City Attorney Thomas Kathe Deputy City Manager./Develop- ment Services Donald Lamm Public Services Director. William Morris City Clerk Eileen Phinney MINUTES On motion by Council Member Humphrey, seconded by March 11 and Council Member. Erickson, and carried 5-0, the minutes March 16, 1992 of the special meeting of March 11, 1992, and the regular meeting of March 161, 1992, were approved. 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. PROCLAMATION In a video presentation, the Mayor read a proclamation Earthquake declaring April, 1992, as "Earthquake Preparedness Preparedness Month". During the reading, video pictures were shown Month of earthquake disasters as well as material on earth- quake preparedness. The proclamation was presented to Gerald Verwolf, Costa Mesa Communication Operations Manager. . PROCLAMATION Mayor. Hornbuckle read a proclamation declaring April 12 National Tele- through April 18, 1992, as "National Telecommunicator.'s communicator's Week" and presented the document to Gerald Verwolf, Week Costa Mesa Communication Operations Manager.. PROCLAMATION The Mayor read a proclamation declaring April, 1992, Community as "Community Services Month", and presented the docu- Serv.ices Month ment to William Morris, Costa Mesa Public Services Director. . ORAL COMMUNICATIONS Dale Karjala, 3185-C Airway Avenue, Costa Mesa, and Susan Whitener., 3186-F Airway Avenue, Costa Mesa, spoke Koll-Irvine Lawsuit on behalf of the Koll-Irvine Property Owners Associa- tion, and thanked Council for. having City staff work with their attorneys regarding the Association's lawsuit against the County of Orange for placing above -ground fuel tanks at John Wayne Airport in close proximity to the Koll-Irvine Business Park. Authority of City Sid Soffer., 900 Arbor. Street, Costa Mesa, requested a . Attorney to File copy of the memorandum to Council from the City Attorney Lawsuits concerning questions raised by Mr.. Soffer at the Council meeting of March 16, 1992: the authority under which the City Attorney is .permitted to file a lawsuit; and whether or not "policy" is the same as "law". Mayor Hornbuckle directed the City Attorney to provide Mr. Soffer with the same memorandum he submitted to Council. Obtaining.Public Sid Soffer questioned the City's policy requiring that Records public records requests must.be put in writing, yet no one has produced documentation to that effect. He com- plained about not being able to obtain certain records because the files were missing. He specifically refer- enced those files pertaining to the Police Substation on West 18th Street. Vice Mayor Genis commented that prior to her election to the Council, she also had difficulty obtaining public records from the City. CONSENT CALENDAR The following items were removed from the Consent Calendar: Item 2,Solicitation Permit for Nationwide Charities of America; Item 3, Solicitation Permit for Teen Challenge of Southern California; Item 4, Solici- tation Permit for Greenpeace; Item 16 and 16(a) HOPE 3 application and agreement for the first-time homebuyer program; and Items 21 and 21(a) Resolution and agreement with CALTRANS regarding 73 Freeway maintenance. On motion by Council Member Humphrey, seconded by Council Member Buffa, 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 Humphrey, seconded by Council Member Buffa, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Nioma Coronado; Hilda Hine Dimancheff; Kristine Enriquez; Harbor Green Apartments; Edward J. Holland; Peter J. Menza; JoAnne Perkins; Stacey Ribeau; and Mitchell H. Townsend. State Industrial Resolution from the City of Blythe opposing a require - Relations ment that local agencies perform policing duties for Requirements the State Department of Industrial Relations. Unsafe Vehicles Communication from the City of Rolling Hills Estates requesting support of Senate Bill 1861 which would grant authority to local law enforcement agencies to remove unsafe vehicles from roadways in California. Lawn Mowers and Letter from Sidney Trigher, 1786 Kinglet Court, Costa Leaf Blowers Mesa, opposing a City policy which allows use of noisy lawn mowers and leaf blowers at 7:00 a.m. on weekdays. 1990 General Plan Communication from James W. Okey, White Oak Construc- tion, 833 West 17th Street, Suite 1, Costa Mesa, opposing that portion of the 1990 General Plan which will prohibit him from constructing a project at 380- 384 East 16th Street which has been in the planning stages since November, 1991. SET FOR PUBLIC On motion by Council Member Humphrey, seconded by HEARING Council .Member Buffa, and carried 5-0, the following Advertising on Bus item was set for public hearing on April 20, 1992, at Shelters and Benches 6:30 p.m., in the Council Chambers of City Hall: Ordi- nance amending Municipal Code Sections 5-121 and 5-128 MOTION/Hearing Set and adding Chapter II to Title 19 pertaining to adver- for April 20, 1992 tising on bus shelters and benches. ,RE7ECIED CLAIMS On motion by Council Member Humphrey, seconded by Council. Member Buffa, and carried 5-0, the following claims were rejected: Franklin Electric Claim from Franklin Electric (damages for nonpayment by the general contractor for the Metro Fire Station). Johnson Claim from Daniel C. Johnson (loss of property when car was impounded). I Kanka Claim from Anne -Marie J. Kanka (damage to vehicle as a result of construction site road defect). New West Claim from New West Construction, Incorporated, (dam - Construction ages for nonpayment by the general contractor for the Metro Fire Station). Sharer Claim from Mr. and Mrs. Walter Sharer (damage to residential sewer lines). i Smith Claim from Peggy Sue Smith (damage to vehicle wind- shield by rock allegedly thrown from City vehicle). Surber Claim from Cynthia Surber (damage to vehicle wind- Signal Maintenance shield by rock allegedly thrown by City vehicle). i Mercury Claim from Mercury Insurance/Jeff Watts (damage to Insurance/Watts i vehicle as a result of construction site road defect). ADMINISTRATIVE Construction of Speed Humps on East 16th Street and E1 ACTIONS Camino Drive, Project No. 91-11, was completed on Febru- Project No. 91-12 ary 17, 1992, to the satisfaction of the Public Services Notice of Completion Director by Sully -Miller Contracting Company, 6145 Sully -Miller ,Santiago Canyon Road, Orange. On motion by Council Work Accepted Member Humphrey, seconded by Council Member Buffa, the Speed Humps on East work was accepted; the City Clerk was authorized to 16th Street and Mile a Notice of Completion; authorization was given to El Camino Drive; release retention funds 35 days thereafter; the Labor Project No. 91-11 Material Bond was ordered exonerated 7 months there- after; and.the Performance Bond was ordered exonerated MOTION - ,and 12 months thereafter. The motion carried by the follow - Work Accepted ling roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Notice of Completion !Traffic Signal Modifications on Harbor Boulevard at Mesa Signal Maintenance Verde Drive East, and on Harbor Boulevard at the Harbor (Shopping Center Entrance; and.Installation of a Traffic Signal Modifications ISignal Interconnect on 16th Street between Placentia on Harbor; Intercon- iAvenue and Superior Avenue, Project No. 91-12, was nect on 16th; completed on March 10, 1992, to the satisfaction of Project No. 91-12 the Public Services Director by Signal Maintenance, Incorporated, 2283 Via Burton, Anaheim. On motion by MOTION Council Member Humphrey, seconded by Council Member Work Accepted jBuffa, the work was accepted; the City Clerk was author- ized to file a Notice of Completion; authorization was lgiven to release retention funds 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months (thereafter; and the Performance Bond was ordered exoner- ated 12 months thereafter. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, -Erickson NOES: None ABSENT: None 1 Notice of Completion Painting of Fire Station No. 4, Project No. 91-13, was Minator Enterprises completed on March 9, 1992, to the satisfaction of the Maintenance Agree- Public Services Director by Minator Enterprises, Incor- Painting of Fire porated, 25812 Southbrook, El Toro. On motion by Station No 4, Council Member Humphrey, seconded by Council Member Project No. 91-13 Buffa, the work was accepted; the City Clerk was author- ized 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 thereafter; and the Performance Bond was ordered exoner- ated 12 months thereafter. The motion carried by the Supplement SB91- following roll call vote: 5312(640) to the AYES: Hornbuckle, Genis, Buffa, State-Local Partner- Humphrey, Erickson ship Agreement NOES: None ABSENT: None Amendment to Agree- The Public Services Director recommended approval of an ment with CALTRANS amendment to the existing agreement with CALTRANS for for the 55 Freeway maintenance of the 55 Freeway extension. On motion by Council Member Humphrey, seconded by Council Member MOTION Buffa, Resolution 92-28, A RESOLUTION OF THE CITY Resolution 92-28 COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AGREEING Adopted TO AMEND THE EXISTING FREEWAY AGREEMENT BETWEEN THE CITY OF COSTA MESA AND THE CALIFORNIA DEPARTMENT OF TRANSPOR- TATION (CALTRANS), was adopted by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None MOTION ' A motion was made by Council Member Humphrey, seconded Approved Amended by Council Member Buffa, approving the amended mainte- Maintenance Agree- nance agreement for the 55 Freeway, adding the Wilson ment for the 55 Street, Santa Isabel Avenue, Del Mar Avenue, and Mesa Freeway Drive overcrossings; and authorizing the Mayor and City Clerk to sign on behalf of the City. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Supplement SB91- The Public Services Director recommended approval of 5312(640) to the State -Local Partnership Program Supplement No. SB91- State-Local Partner- 5312(640) between the State of California and the City ship Agreement of Costa Mesa to include resurfacing of Irvine Avenue between 15th Street and 22nd Street. On motion by Resurfacing Irvine Council Member Humphrey, seconded by Council Member Avenue Buffa, Resolution 92-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROV- MOTION ING CITY PARTICIPATION IN THE STATE -LOCAL PARTNERSHIP Resolution 92-29 PROGRAM AND AUTHORIZING THE PUBLIC SERVICES DIRECTOR TO Adopted EXECUTE AGREEMENTS WITH THE STATE OF CALIFORNIA, was adopted by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Request for Measure The Public Services Director recommended adoption of M Funds resolutions requesting Measure M funds for two new City projects. On motion by Council Member Humphrey, Signals along seconded by Council Member Buffa, Resolution 92-30, Harbor, Bristol, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA and Fairview MESA, CALIFORNIA, REQUESTING THE ORANGE COUNTY LOCAL TRANSPORTATION AUTHORITY AND THE BOARD OF SUPERVISORS MOTION TO INCLUDE WITHIN THE ORANGE COUNTY COMBINED TRANSPORTA- Resolution 92-30 TION FUNDING PROGRAMS IMPROVEMENT OF SIGNAL COORDINATION Adopted 'ALONG HARBOR BOULEVARD, BRISTOL STREET, AND FAIRVIEW 'ROAD, was adopted by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Improvement of On motion by Council Member Humphrey, seconded by Bristol and State Council Member Buffa, Resolution 92-31, A RESOLUTION OF Route 55 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, 'REQUESTING THE ORANGE COUNTY LOCAL TRANSPOIZIATION MOTION 'AUTHORITY AND THE BOARD OF SUPERVISORS TO INCLUDE WITHIN Resolution 92-31 THE ORANGE COUNTY COMBINED TRANSPORTATION FUNDING PRO - Adopted !GRAMS IMPROVEMENT OF BRISTOL STREET AND STATE ROUTE 55, was adopted by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: . None License Agreement ;City Attorney Report No. 92-19 and a License Agreement with 600 Anton (with 600 Anton Boulevard Associates were presented. The Boulevard Associates 'agreement would create an easement area at Park Center Drive and Anton Boulevard for a light standard. On MOTION 'motion -by Council Member Humphrey, seconded by Council Approved in Concept 'Member Buffa, and carried 5-0, the License Agreement was approved in concept. Notice of Completion Installation of Ducts and Ventilation System for the C & E Engineering 'Pistol Firing Range, Project No. 91-09, was completed and Construction on March 26, 1992, to the satisfaction of the Public 'Services Director by C & E Engineering and Construction, Ducts and Ventila- 2741 East Regal Park Drive, Anaheim. On motion by tion at Pistol Council Member Humphrey, seconded by Council Member Firing Range, ,Buffa, the work was accepted; the City Clerk was author - Project No. 91-09 ''zed to file a Notice of Completion; authorization was given to release retention funds 35 days thereafter; MOTION -the Labor and Material Bond was ordered exonerated 7 Work Accepted 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 Agreement with The Public Services Director recommended approval of City of Irvine an agreement with the City of Irvine to establish terms and conditions for improvements along Main Street south Improvements Along of Sunflower Avenue. The agreement stipulates that the Main Street City of Irvine shall be fully responsible for all costs associated with design, right-of-way acquisition, and MOTION construction. On motion by Council Member Humphrey, Agreement Approved seconded by Council Member Buffa, the agreement was approved, and the Mayor and City Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: . AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None BUSINESS PERMIT Item 2 on the Consent Calendar was presented: Notice Nationwide of Intention to Appeal. or Solicit for Charitable Purpose Charities of from Nationwide Charities of America, 8920 Limonite America Avenue, Suite No. 284, Riverside, by soliciting funds from March 1 to December 31, 1992, to aid homeless 1 veterans and distribute anti-drug literature to children. Council Member Erickson had some concerns about this organization, previously known as the National Organiza- tion on Smoking, Alcohol, and Drugs, and wanted clarifi- MOTION cation on the figures contained in the application. Continued to Council.Member Erickson made a motion to continue this April 20, 1992 item to April 20, 1992, with a request that staff contact the applicant and ask that a representative be present. The motion was seconded by Vice Mayor Genis, and carried 5-0. BUSINESS PERMITS- Items 3 and 4 on the Consent Calendar were presented: Item 3, Notice of Intention to Appeal or Solicit for Teen Challenge Charitable Purpose from Teen Challenge of Southern California, 10125 California Avenue, South Gate, by soliciting funds from March 1, 1992, to March 31, 1993, to provide free drug and alcohol rehabilitation programs for young people; and Item 4, Notice of Intention to Greenpeace Appeal or Solicit for Charitable Purpose from Greenpeace Action, doing business as Greenpeace, 8599 Venice Boule- vard, Los Angeles, by soliciting funds from April 1 through May 15, 1992, to promote public awareness of environmental issues. Dick Sherrick, 3146 Country Club Drive, Costa Mesa, was concerned about the hours requested for solicitation by Teen Challenge of 3:00 p.m. to 8:00 p.m., and no restriction on the hours of solicitation by Greenpeace. Mr. Sherrick preferred that no solicitation be allowed after dark. The City Attorney offered to research the Municipal Code on hours of solicitation, and these items were -trailed until the data could be found. Sid Soffer, 900 Arbor Street, Costa Mesa, commented that there was no way of checking the validity of telephone solicitors when calls are received in the evening. After the City Attorney researched the Code, he found that there were no restrictions on hours of solicita- tion. He did mention that an ordinance is being circu- lated throughout the County which would standardize solicitation regulations. Discussion ensued on recom- mending to the applicants that solicitation should cease MOTION after dark. A motion was made by Vice Mayor Genis, Permits Approved seconded by Council Member Humphrey, to approve both solicitation permits with application of Municipal Code Section 9-127(d). The motion carried 3-2, Council Members Buffa and Erickson voting no. ADMINISTRATIVE Items 16 and 16(a) on the Consent Calendar were pre - ACTION sented: Item 16, HOPE 3 Planning Grant application to the United States Department of Housing and Urban HOPE 3 First-time Development (HUD), for participating jurisdictions Homebuyer Program to study the feasibility for a first-time homebuyer program; and Item 16(a), Cooperation Agreement with the Civic Center Barrio Housing Corporation, 431 South Bristol Street, Suite 6, Santa Ana, to design and implement the program. The City Manager reported that he removed these items for discussion because the agree- ment does not specify an amount. He suggested trailing this item until the end of the meeting so that he could attempt to obtain the required information. Later in the evening, under City Manager Reports, the City Manager announced that he was unable to obtain the desired data; therefore, he recommended that these items be continued -to an adjourned Council meeting to be held following the next Redevelopment Agency meeting. A MOTION Continued to April 8, 1992 ADMINISTRATIVE ACTION Amendment to Agree- ment with CALTRANS for the 73 Freeway MOTION Resolution 92-32 Adopted motion was made by Council Member Buffa, seconded by Council Member Humphrey, and carried 5-0, to continue ;this item to an adjourned meeting on April 8, 1992, ;immediately following the 6:30 p.m. Redevelopment Agency meeting. I Items 21 and 21(a) on the Consent Calendar were.pre- sented: Item 21, Resolution agreeing to amend the existing freeway agreement with CALTRANS for the 73 'Freeway modifications; and Item 21(a), Amended Freeway Maintenance Agreement with CALTRANS for the 73 Freeway. ,The Public Services Director recommended adoption of ,the resolution; however, he explained that the agree- ment should be amended by deleting the west connect overcrossing (northbound 55 to westbound 73). On motion by Council Member Buffa, seconded by Council Member Erickson, Resolution 92-32, A RESOLUTION OF THE ,CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AGREEING TO AMEND THE EXISTING FREEWAY AGREEMENT BETWEEN THE CITY OF COSTA MESA AND THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS), was adopted by the following ,roll call vote: j AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None MOTION A motion was made by Council Member Buffa, seconded by Approved Amended Council Member Erickson, approving the amended mainte- Maintenance Agree- ;nance agreement for the 73 Freeway, which adds the ment for the 73 North Bristol Street and Red Hill Avenue overcrossings Freeway only; and authorizing the Mayor and City Clerk to sign ion behalf of the City. 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 the public hearing, continued GP -92-01 from the .meeting of March 16, 1992, to consider General City of Costa Mesa Plan Amendment GP -92-01, City of Costa Mesa, to incor- lporate a Growth Management Element as required by the ,revised Traffic Improvement and Growth Management Ordi- Inance (Measure M). The Deputy City Manager/Development !Services reported that the Element, including amend- ments requested by Council, complies with Measure M, and makes the City eligible to receive these sales tax dollars. He confirmed that the wording of the Element has been changed to correspond with the wording adopted in the General Plan. !Dick Sherrick, 3146 Country Club Drive, Costa Mesa, !read Policies 312 through 315, shown on Page 7 of the ;Growth Management Element,,and it was his opinion that ,the Transportation Commission and Transportation 'Engineer should be delegated responsibility for deter- mining impact fees; also, if the bridges were to be built, the cities generating the traffic should be charged a fee for needed improvements. At the request of the Mayor, the Public Services Director reported that ,Costa Mesa is within Growth Management Area 8 which also ,includes the southern portion of Santa Ana, western portion of Irvine, the airport area, and the northern portion of Newport Beach. He explained that Transporta- tion and Traffic Engineers in Area 8 have been meeting ,on a regular basis since the approval of Measure M, and 261, each City has appointed one Council Member, Mayor Hornbuckle being the representative for Costa Mesa, and these elected officials make the ultimate decisions for Measure M funds. Sid Soffer, 900 Arbor Street, Costa Mesa, asserted that traffic attributed to a project cannot be measured accurately. He commented that because the Element is a very complicated document, Council should delay adopting it. There being.no.other speakers, the Mayor closed the public hearing. Motion Made to A motion was made by Council Member Humphrey, seconded Approve GP -92-01 by Council Member Erickson, and carried 5-0, to approve General Plan Amendment GP -92-01, with the following amendments: Policy 306, Page 6, shall indicate that the Harbor Boulevard/Gisler Avenue intersection shall not exceed Level of Service (LOS) E at its failure; and Definition 9, Page 5, shall read, "Measurable Traffic shall mean a traffic volume resulting in a one percent increase in peak hour traffic in any critical movement at an intersection". After the first recess, Mayor Hornbuckle announced that the above motion was not adequate because the Negative Declaration, the De Minimis Finding, and a Resolution MOTION/Adopted the must be adopted. A motion was made by Council Member Negative Declara- Buffa, seconded by Council Member Erickson, and carried tion and De Minimis 5j0, adopting the Negative Declaration of Environmental Finding Impact and the De Minimis Finding. MOTION A motion was made by Council Member Buffa, seconded by Resolution 92-33 Council Member Erickson, to adopt Resolution 92-33, A Adopted RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PIAN AMENDMENT GP -92-01, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA TO INCORPORATE A GROWTH MANAGEMENT ELEMENT, includ- ing the aforementioned changes on Pages 5 and 6 of the Element.- 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 the public hearing, continued Small Lot, Single- from the -meeting of March 16, 1992, to consider an ordi- Family Dwelling nance establishing development standards for small lot, Units single-family dwelling units and minor amendments to other sections of Title 13. Environmental Determina- tion: Negative Declaration. The Deputy City Manager/ Development Services reviewed the history of the pro- posed ordinance. Craig Hampton, 2405 La Mesa Court, Costa Mesa, stated that in the past year parking requirements have been increased; with the recent adoption of the General Plan, allowable units per acre have been decreased; and now, the proposed ordinance will make development more difficult because of additional design constraints. Mr. Hampton provided a graph for the overhead screen which compares two site plans for the same property, one with existing standards and the other with standards proposed in the new ordinance. He questioned the valid- ity of having different standards for apartments, condo- miniums, and townhouses. Mr. Hampton felt that the proposed ordinance would inhibit rather than encourage small -lot ownership. -262 Sid Soffer, 900 Arlor Street, Costa Mesa, concluded that (the intent of the ordinance was to encourage lot combin- ations. Heather Somers, 313 Robin Hood Lane, Costa Mesa, was opposed to deletion of Municipal Code Section 13-819.3 'because notification of surrounding property owners no ;longer would be required when a new project is proposed. She requested that Ordinance Sections 15 and 17 be retained. Ms. Somers felt that the County should be required to share taxes with the City for those County ;properties receiving City emergency services. She requested clarification of Municipal Code Section !13-827(d), and the City Attorney responded that he would prepare a report. ,Pearl Sze, 1502 Orange Avenue, Costa Mesa, spoke in support of allowing two -unit condominium developments. Frank Eisendrath, 104 Kings Place, Newport Beach, asked if it would be possible to combine two lots containing ,7,200 square feet each and.construct four condominiums. 'The Deputy City Manager replied that it would be per- mitted, and the City encourages lot combinations. Jerry Nininger, 411 - 15th Street, Newport Beach, commented that the City's study indicated there were 700 lots between 6,000 and 7,200 square feet, and the proposed ordinance will severely impact the owners of these properties since it is apparent that the lots 'would have to be developed as apartments rather than condominiums if two -unit condominium projects are prohibited. He suggested that the restrictions might be considered a regulatory taking of property. There (being no other speakers, the Mayor closed the public hearing. ,Considerable discussion ensued on the proposed drive - MOTION .way widths, and thereafter, a motion was made by Council Ordinance 92-6 Member Erickson, seconded by Council Member Humphrey, to Given First Reading give first reading to Ordinance 92-6, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13,OF THE COSTA MESA MUNICIPAL CODE ;REGARDING DEVELOPMENT STANDARDS FOR SMALL LOT, SINGLE- �FAMILY DEVELOPMENTS AND MINOR TECHNICAL AMENDMENTS TO ;THE CONDOMINIUM ORDINANCE, including the following lamendments: deleted Ordinance Section 20, Code Section 13-827(e), "No common interest development project shall contain fewer than three (3) units"; approved a 22 -foot driveway width; prohibited parking in 22 -foot wide driveways; required binding arbitration as part of the condominium CC & R's (Covenants, Conditions, and Restrictions) to ensure that in the case of a dispute ,between owners of a two -unit condominium project, an arbitrator will be utilized; and staff was directed to provide additional information as to fire truck 'maneuvering, and the actual number of lots and their widths. Council Member Buffa announced that he would oppose the motion because the ordinance is too restric- tive and it does not accomplish that which Council originally intended. The motion carried by the follow- ing roll call vote: AYES: Hornbuckle, Genis, Humphrey, Erickson NOES: Buffa ABSENT: None RECESS The Mayor declared a recess at 8:30 p.m., and the meet- ing reconvened at 8:40 p.m. PUBLIC HEARING The City Clerk announced the public hearing, continued Source Reduction from the meeting of March 16, 1992, to consider the and Recycling and final draft of the Source Reduction and Recycling and Household Hazardous Household Hazardous Waste Elements. Sid Soffer, 900 Waste Elements Arbor Street, Costa Mesa, complained about the news- papers not being picked up at his house. There being no MOTION/Adopted other speakers, the Mayor closed the public hearing. Negative Declaration. On motion by Council Member Buffa, seconded by Council and De Minimis Member Humphrey, and carried 5-0, the Negative Declara- Finding for Source tion of Environmental Impact and the De Minimis Finding Reduction and were adopted for the Source Reduction and Recycling Recycling Element. MOTION/Adopted On motion by Council Member Buffa, seconded by Council Negative Declaration Member Humphrey,.and carried 5-0, the Negative Declara- and De Minimis Find- tion of Environmental Impact and the De Minimis Finding ing for Household were adopted for the Household Hazardous Waste Element. Hazardous Waste On motion by Council Member Buffa, seconded by Council MOTION Member Humphrey, Resolution 92-34, A RESOLUTION OF THE Resolution 92-34 CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted ADOPTING THE CITY'S SOURCE REDUCTION AND RECYCLING ELEMENT (SRRE) AND HOUSEHOLD HAZARDOUS WASTE ELEMENT (HHWE), was adopted 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 Council Review of place set for the public hearing for Council review of PA -92-08.. Planning Action PA -92-08, CMS Development Company, 3199 CHIS/Gray Enterprises Airport loop Drive, Suite A-3, Costa Mesa, authorized agent for Gray Enterprises, Post office Box 5839, Garden Grove, for variances from maximum lot coverage (25 per- cent allowed, 33 percent proposed); and street setback requirements (20 feet required, 3 feet proposed); with a Conditional Use Permit for additional building height (30 feet permitted, 31 feet proposed); and an amendment to the Master Plan to allow a 73,557 -square -foot addi- tion to the existing 115,850 -square -foot K -Mart Center at 2200 Harbor Boulevard in a C1S zone. Environmental Determination: Negative Declaration. The Affidavit of Mailing is on file in the.City Clerk's office. No communications were received. The Deputy City Manager/ Development Services reported that Vice Mayor Genis requested Council review of this application to discuss findings for the variances. Cody Small, CMS Development Company, provided a detailed description of the proposed project, spoke about the need to renovate the site because of its blighted condi- tion, and mentioned that the City would realize an increase in tax revenues if the expansion were allowed to proceed. Chuck Marvick, Marvick-Lang, Incorporated, 3199 Airport loop Drive, A-3, Costa Mesa, reviewed the site plans for the property via a slide presentation, and he pointed out that driveway approaches would be reduced from 11 to 7, providing improved circulation in and around the shopping center. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in support of the project. Dick Sherrick, 3146 Country Club Drive, Costa Mesa, was concerned about traffic impacts on the Fairview Road/ Wilson Street intersection if the project were completed before intersection improvements were in place. 204 ;Roger McCullough, 415 Bryson Springs, Costa Mesa, Treasurer of.the Brighton Springs Homeowners Associa- tion, stated that the Association supports the project 'and provided numerous reasons for that support. Mr. McCullough submitted a petition containing 56 signatures !of neighbors and their guests who favor the project. :Mike McDaniel, K -Mart representative, 11728 Wilshire Boulevard, Los Angeles, explained about the future operation of the shopping center. John Huntley, Gray Enterprises, commented that the jsubject site has become a dumping ground for the entire City, and the proposed renovation will be a win situa- tion for'everyone. There being no other speakers, the Mayor closed the public hearing. MOTION 'On motion by Council Member Buffa, seconded by Council PA -92-08 ;Member Erickson, and carried 5-0, the following action Approved was taken: Planning Action PA -92-08 was approved based on staff evaluations and findings, and subject to condi- tions contained in the Agenda Report, thereby upholding !the Planning Commission's approval; and added the (following modifications: Substitute for Finding B in jthe Planning Commission action the fact that previous Idedication requirements for improvements on both Harbor Boulevard and Wilson Street, when combined with the current requirements of this application do create a site hardship in terms of a rather unusual footprint for a center of this size when combined with City parking requirements. Vice Mayor Genis felt that a finding relating to special circumstances should be made. ,Kevin Kearns, CMS Development Company, stated that CMS shad addressed all the pertinent issues such as parking, (landscaping, setbacks, driveways, and the footprint jof the building, and he found that there is land left over. He commented that it was important to fill in ;that area which has been a problem for the Brighton Springs residents. AMENDED MOTION In response to additional recommendations, Council Findings Added 'Member Buffa amended his motion by adding the following findings: Landscaping nonconformity will be reduced; (the number of driveway approaches will be reduced from x,11 to 7, which will provide a significant traffic miti- Igation measure in and around the site; and installation ;of street lighting on College Avenue will improve the safety of the general area and not the site specific. For the record, the City Attorney reported that the project complies with the General Plan and received its ;approvals before the effective date set by Council. The ;amended motion was seconded by Council Member Erickson, and carried 5-0. Vice Mayor Genis suggested that the Planning Commission contact Council when they find sections in the Municipal Code which they feel are problematic so these issues can be addressed before a specific project is affected by them. Council Member Humphrey suggested addressing the out- dated section of the Municipal Code relating to the 25 ;percent lot coverage requirement. The City Attorney 'reported that the Planning Commission already directed ',staff to initiate a Code amendment and it will be Iready for Council review shortly. 1 PUBLIC HEARING The City Clerk announced that this was the time and Weed Abatement place set for the public hearing to consider proceeding with the weed abatement program. -The City Manager reported that the number of parcels requiring weed abatement is substantially smaller than in the past; also, all affected property owners were notified of the public hearing. There being no speakers, the Mayor MOTION closed the public hearing. On motion by Council Member Resolution 92-35 Buffa, seconded by Council Member Humphrey, Resolution Adopted 92-35, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, INSTRUCTING AND AUTHORIZING THE FIRE CHIEF OR HIS DESIGNEE.TO PROCEED WITH THE REMOVAL OF WEEDS AND RUBBISH, was adopted by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None NEW BUSINESS The City Clerk presented a request from staff for in - In -house Mainte- house maintenance of police pursuit vehicles at a cost nance of Police of approximately $59,907.00 per year. The City Manager Vehicles summarized staff's Agenda Report dated March 30, 1992, which compares the cost of having vehicles maintained by an outside vendor to the cost of in-house mainte- nance. Considerable discussion -ensued regarding Vice Mayor Genis's question on in-house labor costs. The Public Services Director recommended filling the position being vacated by a retiring mechanic to service the 37 vehicles. The Finance Director admitted that arriving at the figures for in-house maintenance was very compli- cated and attempted to explain the manner by which the $59,907.00 amount was calculated; however, the Vice Mayor still felt that in-house labor costs had not been adequately addressed. James Dawkins, 1960 Wallace Avenue, Costa Mesa, claimed that City mechanics could not service 37 vehicles for the amount indicated. He suggested hiring a part-time mechanic. Richard Goldstein, 2620 South Maryland Parkway, Las Vegas, disagreed with the figures contained in the Agenda Report and asserted that in-house maintenance could not be accomplished for $59,907.00 annually. MOTION On motion by Vice Mayor Genis, seconded by Council Continued to Member Buffa, and carried 5-0, this item was continued April 20, 1992 to April 20, 1992, so that staff could provide more :information on the in-house labor costs. NEW BUSINESS The City Clerk presented a request from the California Natural Community Resources Agency for City enrollment in the Natural Conservation Community Conservation Planning/Coastal Sage Scrub Planning Project. The project is designed to protect habitat and allow reasonable economic activity and development to continue. Mayor Hornbuckle announced that she had requested this item to be placed on the Agenda to deter- mine if there were interest by other Council Members. Since Council indicated they were not interested in this program.at the present time, no action was taken. RECESS The Mayor declared a recess at 10:30 p.m., and the meet- eeting ingreconvened at 10:40 p.m. NEW BUSINESS The City Clerk presented a proposed ordinance amending Forfeiture Fund Section 14-71 of the Costa Mesa Municipal Code relating to the Forfeiture Fund. The City Attorney reported 266 MOTION Ordinance 92-7 Given First Reading that the Police Department requested the amendment to the ordinance so that these funds could be used to pay afor jail booking fees, a K-9 unit, and the Gang Detail 'as proposed for the 1992-93 City Budget. On motion by by Council Member Buffa, seconded by Council Member ,Erickson, Ordinance 92-7, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY=OF COSTA MESA, CALIFORNIA, AMENDING 1SECTION 14-71 OF THE COSTA MESA MUNICIPAL CODE RELATING TO THE FORFEITURE FUND, was given first reading and !passed to second reading by the following roll call vote: i AYES: Hornbuckle, Genis, Buffa, NEW BUSINESS iThe City Clerk presented a request from the Golf Course Golf Course Advisory ;Advisory Committee to be allowed to assist in evalua- Committee Participa- ;tion and selection of proposals for operation of all or tion in Final Golf a portion of the Costa Mesa Golf and Country Club. The Course Decision Humphrey, Erickson NOES: None ABSENT.: None NEW BUSINESS The City Clerk presented a proposed ordinance adding Officer Training 'Section 14-8 to the Costa Mesa Municipal Code relating Standards ;to Corrections Officer Training Standards. The City Attorney reported that participation in the training program for nonsworn corrections officers would be !funded through the State Corrections Training Fund. MOTION On motion by Council Member Humphrey, seconded by Ordinance 92-8 'Council Member Buffa, Ordinance 92-8, AN ORDINANCE OF Given First 1THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading 'ADDING SECTION 14-8 TO THE COSTA MESA MUNICIPAL CODE Course Committee IRELATING TO THE CORRECTIONS OFFICER TRAINING STANDARDS, to Evaluate RFPs, was given first reading and passed to second reading Authorized at Least by the following roll call vote: One Memberto Serve AYES: Hornbuckle, Genis, Buffa, on Formal Committee Humphrey, Erickson (See Substitute NOES: None Motion) ABSENT: None NEW BUSINESS iThe City Clerk presented a request from the Golf Course Golf Course Advisory ;Advisory Committee to be allowed to assist in evalua- Committee Participa- ;tion and selection of proposals for operation of all or tion in Final Golf a portion of the Costa Mesa Golf and Country Club. The Course Decision )City Manager reviewed the Agenda Report from the Golf !Course Committee dated March 30, 1992, in which the (request was made. Council Member Buffa assumed that the committee would be linvolved in the evaluation and make a recommendation to !Council, who would then make the final decision. Mayor Hornbuckle felt it was not the role of the committee to ;evaluate Requests for Proposals (RFPs). She suggested ;that the committee and staff do their own evaluations. Vice Mayor Genis wanted as much input from as many sources as.possible. MOTIONCouncil Member Buffa made a motion, seconded by Vice Authorized Golf Mayor Genis, to ask the Golf Course Advisory Committee, Course Committee under their own aegis, to become involved in the evalua- to Evaluate RFPs, ition of the proposals, and if, in fact, there were a Authorized at Least formal selection committee established, at least one One Memberto Serve member of the Golf Course Advisory Committee would be a on Formal Committee member of the formal committee. (See Substitute Motion) ;Responding to Mayor Hornbuckle's concern regarding the Golf Course Advisory Committee's evaluating technical ;aspects of the RFPs, Council Member Buffa stated that he did not expect the committee to be involved with the !financial evaluation, merely the golf course design and ,operation. !The City Manager reported that it was his understanding ',that the committee is interested in being involved in ,all aspects of the process, technical and otherwise. He suggested establishing an evaluation committee which would include representation from City departments with -expertise in these issues, for example, Finance and Personnel Departments; and after evaluation of the RFPs, their recommendations wouldzbe presented to the Golf Course Advisory Committee who then could make separate recommendations to Council. The City Manager had a concern with having members.of the Golf Course Advisory Committee involved in .the evaluation process because of certain proprietary interests of members on that committee. The City. Attorney alerted the Council to a possible Conflict of Interest because a member of the Golf Course Advisory Committee has a proprietary interest; therefore, neither that member nor the committee could participate in the selection process because it would prohibit that member from being selected for operation of the golf course-. The City Attorney cited Government Code Section 1090 as the authority for this issue. Council Member Humphrey felt that input from the Golf Course Advisory Committee should remain separate from the City's evaluation, but should be included so all could be considered, -unless a Conflict of Interest were involved. SUBSTITUTE MOTION Council Member Buffa made -a substitute motion directing Continued to the City Manager and City Attorney to confer and coordi- April 20, 1992 nate with the Golf Course Advisory Committee as to the exact extent and nature of its participation, and to provide Council with a memorandum by the Council meeting of April 20, 1992. The motion was seconded by Council Member Humphrey, and carried 5-0. NEW BUSINESS The City Clerk presented a proposal from.the Costa Mesa Integrated Waste Sanitary District regarding the Integrated Waste Management Act Management Act of 1989 (Assembly Bill 939). She also of 1989 (AB 939) presented a proposed Resolution of Intent for the Sani- tary District to assume regulation of all solid waste collection and disposal within the City, including responsibilities for AB 939. -The Public Services Director provided a brief review of the Agenda Report dated March 31, 1992, which details the subject proposal. He reported that if a contract were developed, it would be submitted to Council for final approval. MOTION On motion by Council Member Humphrey, seconded by Resolution 92-36 Council Member Erickson, the following action was taken: Adopted; Staff Resolution 92-36, A RESOLUTION OF THE CITY COUNCIL OF Directed,to Develop THE CITY OF COSTA MESA, CALIFORNIA, TO ENTER INTO A a Contract with the CONTRACT WHICH ALMWS FOR THE ASSUMPTION BY THE COSTA Sanitary District MESA SANITARY DISTRICT OF THE RESPONSIBILITIES OF THE INTEGRATED WASTE MANAGEMENT ACT OF 1989 (AB 939), was adopted; and staff was directed to work with Sanitary District staff in developing a contract to delineate AB 939 responsibilities, and stipulating prohibition of a trash pickup monopoly. The motion carried by the following roll call vote: AYES:, Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None NEW BUSINESS The City -Clerk presented an agreement with the Senior Agreement with Costa Citizens Corporation for funding and operation of the Mesa Senior Citizens Costa Mesa Senior Center. At the request of the Mayor, Corporation the City Attorney confirmed that both Mayor Hornbuckle and Council Member Humphrey would be eligible to vote on this item even though they are Council representatives on the Nonprofit Corporation Board. He explained that (since there is no economic benefit to either Council Member, it would be appropriate for them to vote on the ;agreement. The City Manager summarized the Agenda Report dated April 1, 1992, and recommended approval. MOTION IA motion was made by Council Member Humphrey, seconded Agreement Approved by Council Member Erickson, approving the agreement, Wand authorizing the Mayor to sign on behalf of the City. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson j NOES: None ABSENT: None CITY ATTORNEY 'The City Attorney requested a closed session pursuant REPORTS to Government Code Sections 54956.9(a) and 54956.9(c) to discuss the following issues: Green v. Amburgey Request for Closed and the City of Costa Mesa, Orange County Superior Session iCourt Case No. 63-93-04; Copley/Colony Cablevision ,Franchise Agreement Fee Dispute; People v. Allan Green Lawsuit; Roeder, Citation No. S19067CM; and request for direc- Copley/Colony.Fee !tion regarding The Edwards Group, U. S. Bankruptcy Dispute; Roeder Court Case No. SA 91 -41633 -JW, and completion of the Citation; and The Metro Fire Station. Mayor Hornbuckle announced that Edwards Group closed session would be held after close of regular Bankruptcy Case ,business. COUNCIL MEMBERS Council Member Erickson thanked the Public Services COMMENTS. Department and the Council, as well as the Public Works Department and Council of Newport Beach, for Flashing Lights on. ;installing flashing yellow lights on Irvine Avenue Irvine Avenue 'las a safety measure for school children. Public Information,Vice Mayor Genis reminded staff that it is their obli- gation to provide information to the public in a timely manner. Committee Survey Nice Mayor Genis referred to a survey done by one of (the Council -appointed committees, and suggested that 'the survey should have been reviewed by Council prior to its being sent out to the public. Fairgrounds Negative iVice Mayor Genis mentioned that the Negative Declara- Declaration (tion for the Orange County Fairgrounds has been made available for public review and she trusted that staff ;was tracking that item. SOS Medical Clinic Vice Mayor Genis referred to information received from Building ;Mayor Hornbuckle two weeks ago about the SOS Medical (Clinic Building and the committee which was formed to !consider future uses for that building. The Vice Mayor Ifelt that any committee established to make this type lof decision should involve the surrounding neighbors. (She found it inappropriate for State officials to create !committees for City local land use issues. Mayor jHornbuckle responded that a committee was not estab- jlished; a few people were called together under the :'letterhead of a senator merely to obtain responses !since attempts by SOS were not successful. She stated !that the intent of the letter was to determine if there were any interest'on the use of that building by the Referred to Study School District, the County Board of Education, the Session in May 'City, or other organizations. At the request of the Mayor, the City Manager scheduled this item for the jMay, 1992, Study Session. 269 ADJOURNMENT TO At 11:.25 p.m., the Mayor adjourned the meeting to a CLOSED SESSION closed session in the first floor Conference Room to discuss the aforementioned items listed under City Attorney Reports. MOTION/Rejected Settlement in Green v. Amburgey, et al. Fee Dispute with Copley/Colony Cablevision MOTION Authorized Demand Letter The Mayor reconvened the regular meeting at 12:10 a.m., and an announcement was made on the action taken during closed session. Green v. Amburgey and the City of Costa Mesa, Orange County Superior Court Case No. 63-93-04: Council rejected the settlement offer by a vote of 5-0. Copley/Colony Cablevision Franchise Agreement Fee Dispute: By a vote of 3-0, Council Members Buffa and Humphrey abstaining, Council directed the City Manager to write a demand letter for unpaid revenues and delegated authority to him to direct the City Attorney to commence litigation for collection if demand is unsuccessful. People v. Allan People v. Allan Roeder, Citation No. S19067CM: By a Roeder vote of 5-0, Council granted a request from Allan Roeder for defense costs on findings pursuant to Government MOTION Code Section 995.8: (1) The criminal case is brought Authorized because of an act or amission by Mr. Roeder within the Defense Costs scope of his employment with the City; (2) Providing a defense is in the best interests of the City; and (3) Mr. Roeder acted, or failed to act, in good faith, without actual notice and in the apparent interests of the City. The Edwards Group Completion of Metro Fire Station in connection with the Bankruptcy Case; court's decision for The Edwards Group, U. S. Bankruptcy Completion of Metro Court Case No. SA 91 -41633 -JW: By a vote of 5-0, Fire Station Council accepted the City Attorney's recommendations and directed him as follows: (1) Prepare and calendar MOTION/Directed for the meeting of April -20, 1992, a Resolution of City Attorney to Necessity, a contract for the subcontractors, and a Prepare Certain professional services agreement for a construction Documents; Continued manager for completion of the Metro Fire Station; and to April 20, 1992 (2) Delay settlement of the Stop Notice claims on the project until after the Fire Station is completed. ADJOURNMENT At 12:15 a.m., the Mayor adjourned the meeting to April 8, 1992, immediately following the 6:30 p.m. Redevelop- ment Agency meeting, in the Council Chambers of City Hall, to consider the HOPE 3 Planning Grant Application to the United States Department of Housing and Urban Development (HUD) for a first-time homebuyer program. Mayor oJV the City of Costa Mesa ATTEST: 'ty Clerk of the City of Cost Mesa