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HomeMy WebLinkAbout04/20/1992 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA APRIL 20, 1992 The City Council of the City of Costa Mesa, California, met in regular session April 20, 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. The Mayor asked that the public remember in their prayers Police Officer Bob. Nishimura and all other officers involved in a recent shooting incident; and thereafter the Invocation was given by the Reverend Gerry Panilong, St. Joachim Catholic Church. ROLL CALL JCouncil Members Present: Mayor Mary Hornbuckle Vice Mayor Sandra Genis Council Member Peter Buffa j Council Member Jay Humphrey Council Member Joe Erickson Council Members Absent: Officials Present: None City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Develop- ment Services Donald Lamm Public Services Director William Morris Finance Director Susan Temple City Clerk Eileen Phinney MINUTES �On motion by Council Member Buffa, seconded by Council April 6, April 8, ;Member Erickson, and carried 5-0, the minutes of the and April 13, 1992 'regular meeting of April 6, 1992, the adjourned meeting lof April 8, 1992, and the special meeting of April 13, %1992, were approved as distributed. ORDINANCE VIDEO PRESENTATION Victoria Widening ORAL COMMUNICATIONS Rea Intermediate School Koll-Irvine Lawsuit A motion was made by Council Member Buffa, seconded by Council Member Humphrey, and carried 5-0, to read all ordinances by title only. A video was shown documenting the progress on the Victoria Street Widening Project. Janice Davidson, 1982 Arnold Avenue, Costa Mesa, stated she had intended to speak regarding the Lease Agreement with Newport -Mesa Unified School District for use of Rea Intermediate School, and had not realized it was on the agenda under New Business, Item' -4. Mayor Hornbuckle suggested Ms. Davidson obtain -a -copy of the Agenda Report, which is located -.in the -vestibule of the Council Chambers. - Judith Jelinek, owner of"property:-at 3184-H Airway Avenue, Costa Mesa,, spoke regarding the above -ground fuel tanks located at John Wayne Airport, in connection with the Koll-Irvine lawsuit. She requested an update Ion the City's efforts to work out mitigation measures with Snafuel and the County of Orange. The City Attorney responded that City staff met with representatives of John Wayne Airport, and a feasibility study on mitiga- Ition measures will be forthcoming in May. 1 Costa Mesa Golf Bill Folsom, 2538 California Street, Santa Ana, Presi- and Country Club dent, Costa Mesa City Employee's Association, reported on a study prepared by the Association regarding the golf course operation at the Costa Mesa Golf and Country Club, which would effect savings for the taxpayers and the City. He mentioned a petition that had been circu- lated which overwhelmingly supported public maintenance of the course. "Taste of Costa Kim Kasell, 3057 Yukon Avenue, Costa Mesa, described a Mesa" new event to take place on May 1, 2, and 3, 1992, the "Taste of Costa Mesa", which will feature continuous entertainment and samples of foods from over 30 local restaurants. On behalf of the Costa Mesa Chamber of Commerce, she invited the Council Members to attend the ribbon cutting ceremony at 5:00 p.m., Friday, May 1, at South Coast Plaza, Bear Street and Sunflower Avenue. She then provided written invitations, and requested $11,000.00 for promotion and advertising to support this event. Handicapped Access Bil Garvin, 1092 San Pablo Circle, Costa Mesa, commented on handicapped access in Costa Mesa, specifically the Baker/Fairview Plaza by the.Stater Brothers market. He stated previously there were four handicapped parking spaces, two had been removed but were scheduled to be reinstated; however, this has not occurred to date. He asked that the City Attorney investigate Section 504 of the 1973 Federal Rehabilitation Act. Mayor Hornbuckle suggested that the City Manager consult with the Build- ing Department to ascertain if there is further action required at this time to comply with Federal and State handicapped regulations. Shereshevsky Comments Anne Hogan-Shereshevsky, 2152 Elden Avenue, Apartment 1, Costa Mesa, spoke regarding several items: (1) her appreciation on being part of the Living Room Dialogues; (2) the elimination of every other street light to save money; (3) the inoperable traffic signal at Fairview Road and Newport Boulevard; (4) the month of May being "Older Americans" month; and (5) questions regarding Redevelopment Agency meetings. C.T.S.A. Program Stanley Bieza, 2029 Balearic Drive, Costa Mesa, reported that the Transportation Committee for the Senior Citizens Advisory Council is attempting to retain the Consolidated Transportation Service Agency, C.T.S.A., as a functioning organization for transporting the elderly. He stated a letter has been prepared to cities and Council Members asking for support of C.T.S.A. Soffer Comments Sid Soffer, 900 Arbor Street, Costa Mesa, spoke on the following items: (1) the City's property at 565 and 567 .West 18th Street which appears to be in violation of the Uniform -Building Code; (2) the exit signs in the Council Chambers being lit at all times; (3) the City Attorney's memorandum in reply to his question on whether or not a policy of the Planning Department is enforceable as law; and (4).when this Council or any Council directed the City Attorney's office to'prosecute him. Mayor Hornbuckle asked the City Manager and the City Attorney to respond to Mr. Soffer's concerns, and also to clarify if Mr. Soffer was prosecuted because he did not have a permit for 540 Bernard Street. Santa Ana River Nancy Palme, 1997 Kornat Drive, Costa Mesa, spoke Bridges about the County of Orange's Master Plan of Arterial Highways and the proposed bridges to be constructed in Costa Mesa to help alleviate regional transportation problems. She commended the City Council on their !support of the efforts of the Citizens Transportation 'Alternative Study Group to remove these bridges from the Plan. Mayor Leaves !At 7:20 p.m., Mayor Hornbuckle left the Council ;Chambers, and Vice Mayor Genis chaired the remainder of the meeting. CONSENT CALENDAR The following items were removed from the Consent Calen- jdar: Item 6, Warrant Resolution 1518; and Item 27, ,Parcel "A" Street Improvements for the Redevelopment 'Project Area. On motion by Council Member Buffa, seconded by Council Member Humphrey, the remaining Consent Calendar items were approved in. one motion by the following roll call ,vote: AYES: Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: Hornbuckle WRITTEN On motion by Council Member Buffa, seconded by Council COMMUNICATIONS ;Member Humphrey, Resolution 92-37, A RESOLUTION OF THE jCITY COUNCIL OF THE CITY OF.COSTA MESA, CALIFORNIA, Records Destruc- AUTHORIZING RECORDS DESTRUCTION FOR THE FIRE DEPARTMENT tion for Fire iOF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE NO. Department 75-60, was adopted by the following roll call vote: AYES: Genis, Buffa, Humphrey, MOTION Erickson Resolution 92-37 1 NOES: None Adopted ABSENT: Hornbuckle READING FOLDER 10n motion by Council Member Buffa, seconded by Council 'Member Humphrey, and carried 4-0, Mayor Hornbuckle absent, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Marni Francisco; Gregory Gayes; Keith E. Killinger; Jorge Mejia; Southern California Gas Company; Safeco Insurance Company of America; and Edward H. Witte, Jr. Water Company Resolution from the City of Lake Elsinore opposing Standby Charges Metropolitan Water District of Southern California standby charges., Adequate Funding Resolution from the City -of Hayward urging the for Alcoholic I Governor to restore adequate funding to the State Beverage Control Department of Alcoholic Beverage Control. I SET FOR PUBLIC On motion by Council Member Buffa, seconded by Council HEARING !Member Humphrey, Resolution 92-38, A RESOLUTION OF THE jCITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Abandonment at IDECLARING ITS INTENTION TO ORDER THE VACATION OF PUBLIC 18th Street and !RIGHT-OF-WAY AT THE NORTHWEST CORNER OF WEST 18TH STREET Newport Boulevard ,AND NEWPORT BOULEVARD, setting a public hearing for ;May 18, 1992, at 6:30 p.m., in the Council Chambers of MOTION !City Hall, was adopted by the following roll call vote: Resolution 92-38 I AYES: Genis, Buffa, Humphrey, Adopted; Hearing I Erickson Set for May 18, 1992 NOES: None ABSENT: Hornbuckle MOTION !On motion by Council Member Buffa, seconded by Council Hearings Set for Member Humphrey, and carried 4-0, Mayor Hornbuckle May 4, 1992 'absent, the following items were set for public hearing ion May 4, 1992, at. 6:30 p.m., in the Council Chambers of City Hall: ADMINISTRATIVE The City Manager recommended approval of the License ACTIONS Agreement with Southern California College, 55 Fair Drive, Costa Mesa, for use of the easterly Civic Center Civic Center parking lot during commencement exercises on May 23, Parking Lot 1992. On motion by Council Member Buffa, seconded by Council Member Humphrey, and carried 4-0, Mayor MOTION Hornbuckle absent, the agreement was approved,' and the Agreement Approved City Manager was authorized to sign on behalf of the City. Change Order "C" 1991-92 Block Reallocation of $328,400.00 in United States Depart - Order "C" to the contract with SGPA Architecture and Grant Funding ment of Housing and Urban Development Community Devel- completion of the Metro Fire Station contract; and opment Block Grant funding for fiscal year 1991-92. Budget Adjustment 92-54 for $35,000.00. On motion by 1992-93 Block Grant Allocation of $924,000.00 for fiscal year 1992-93 MOTION Application Community Development Block Grant Application. were approved by the following roll call vote: REJECTED CLAIMS On motion by Council Member Buffa, seconded by Council Approved Erickson Member Humphrey, and carried 4-0, Mayor Hornbuckle NOES: None absent, the following claims were rejected: Refund of Devel- Burge Claim from Ernestine Burge (trip and fall over a $5,876.91 in development trip charge fees to David Charge Fees broken section of sidewalk). to David Rickey Ederer Claim from Elizabeth Ederer (trip and fall on sidewalk area expansion at 580 Anton Boulevard. On motion by MOTION defect). Refund Approved Green Claim from Harry S. Green, Incorporated (alleged call vote: damage due to non -renewal of golf course concession). Kibin Claim from Hermios Kibin, Jr. (alleged emotional and physical distress inflicted by Police Department). Lejjena Claim from Lejjena Lejjena (alleged emotional and physical distress inflicted by Police Department). Palmiter Claim from James E. Palmiter (alleged false imprison- ment by Police Department). Tillotson Claim from Clive H. Tillotson (damage to vehicle due to street construction project). Vega Claim from Manuel, Dolores, and Elana Vega (alleged Wolfe false arrest and imprisonment by Police Department). Claim from Jeff Wolfe (motorcycle vs. automobile acci- dent on SR 55 at Fair Drive). ADMINISTRATIVE The City Manager recommended approval of the License ACTIONS Agreement with Southern California College, 55 Fair Drive, Costa Mesa, for use of the easterly Civic Center Civic Center parking lot during commencement exercises on May 23, Parking Lot 1992. On motion by Council Member Buffa, seconded by Council Member Humphrey, and carried 4-0, Mayor MOTION Hornbuckle absent, the agreement was approved,' and the Agreement Approved City Manager was authorized to sign on behalf of the City. Change Order "C" The Finance Director recommended approval of Change to SGPA Architec- Order "C" to the contract with SGPA Architecture and ture Contract Planning, 2565 Hotel Circle South, San Diego, to allow completion of the Metro Fire Station contract; and Metro Fire Station Budget Adjustment 92-54 for $35,000.00. On motion by Council Member Buffa, seconded by Council Member MOTION Humphrey, Change Order "C" and Budget Adjustment 92-54 Change Order and were approved by the following roll call vote: Budget Adjustment AYES: Genis, Buffa, Humphrey, Approved Erickson NOES: None ABSENT: Hornbuckle Refund of Devel- The Public Services Director recommended refund of opment Trip $5,876.91 in development trip charge fees to David Charge Fees Rickey and Company, 580 Anton Boulevard, Suite 105, to David Rickey Costa Mesa, collected for the 117 -square -foot storage area expansion at 580 Anton Boulevard. On motion by MOTION Council Member Buffa, seconded by Council Member Refund Approved Humphrey, the refund was approved by the following roll call vote: Final Map for Tract 14513 Wilson Green MOTION Map Approved Bicycle and/or Pedestrian Funds MOTION Resolution 92-39 Adopted AYES: Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: Hornbuckle ,The Final Map was presented for Tract 14513, Wilson Green, developer, 78 Marbella, San Clemente; one lot, 0.438 -acre, located at 357 West Wilson Street, for 'condominium purposes. On motion by Council Member Buffa, seconded by Council Member Humphrey, and carried 4-0, Mayor Hornbuckle absent, the map was approved pursuant to provisions of Section 66436(a)(3)(A) of the ,Subdivision Map Act; the Council did accept on behalf of the City: (1) the 5.00 -foot dedication on Wilson Street ,for street and highway purposes; and (2) the ingress and ,egress easement for emergency and security vehicle purposes over Lot 1 as shown on the map; and the Clerk was authorized to sign on behalf of the City. On motion by Council Member Buffa, seconded by Council ',Member Humphrey, Resolution 92-39, A RESOLUTION10F THE LCITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE APPLICATION FOR BICYCLE AND/OR PEDESTRIAN FUNDS UNDER SB -821 AND APPROVING THE ADOPTION OF ITS BICYCLE AND/OR PEDESTRIAN PLAN, was adopted by the following roll call vote: AYES: Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: Hornbuckle Landscaping 10n motion by Council Member Buffa, seconded by Council Assessment Member Humphrey, Resolution 92-40, A RESOLUTION OF THE District No. 1 CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, (INITIATING PROCEEDINGS FOR RENEWAL OF CITY OF COSTA MESA MOTION !LANDSCAPING ASSESSMENT DISTRICT NO. 1, Tracts 9901 and Resolution 92-40 112011, was adopted by the following roll call vote: Adopted AYES: Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: Hornbuckle Landscaping ;On motion by Council Member Buffa, seconded by Council Assessment Member Humphrey, Resolution 92-41, A RESOLUTION OF THE District No. 2 CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, INITIATING PROCEEDINGS FOR RENEWAL OF CITY OF COSTA MESA MOTION iEANDSCAPING ASSESSMENT DISTRICT NO. 2, Tract 10513, was Resolution 92-41 adopted by the following roll call vote: Adopted AYES: Denis, Buffa, Humphrey, Erickson NOES: None ABSENT: Hornbuckle Tow Service Rate Schedule MOTION Resolution 92-42 Adopted ion motion by Council member ;Member Humphrey, Resolution 'CITY COUNCIL OF THE CITY OF IMPLEMENTING THE AUTOMATIC jFOR CERTAIN TOWING SERVICES OF THE COSTA MESA MUNICIPAL (following roll call vote: Buffa, seconded by Council 92-42, A RESOLUTION OF THE COSTA MESA, CALIFORNIA, CHANGE TO THE RATE SCHEDULE PURSUANT TO SECTION 9-284(b) CODE, was adopted by the AYES: Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: Hornbuckle Agreement with 'The Finance Director recommended approval of an agree- Hinderliter, de ment with Hinderliter, de Llamas and Associates, 2220 Llamas and Associ ,East Alosta Avenue, Suite 205, Glendora, to provide ates sales tax audit and information services at a varying v 1277 y tt- rate. On motion by Council Member Buffa, seconded by Sales Tax Audit Council Member Humphrey, the agreement was approved, and and Information the Mayor and City`Clerk were authorized to sign on Services behalf of the City. The motion carried by the following roll call vote: MOTION AYES: Genis, Buffa, Humphrey, Agreement Approved Erickson NOES: None ABSENT: Hornbuckle Access to Sales On motion by Council Member Buffa, seconded by Council and Use Tax Member Humphrey, Resolution 92-43", A RESOLUTION OF THE Records CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING ACCESS TO SALES AND USE TAX RECORDS PURSUANT MOTION TO REVENUE AND TAXATION CODE'SECTION 7056, was adopted Resolution 92-43 by the following roll call vote: Adopted AYES: Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: Hornbuckle Sole Source Staff requested approval of the sole source purchase of Purchase from a network computer system from Netfocus Corporation, Netfocus 22982 Mill Creek Drive, Laguna Hills, for $128,796.23. Staff has determined that Netfocus Corporation is the Network Computer only vendor capable of supplying hardware and software System required for the computer system currently in use by the Costa Mesa Fire Department. On motion by Council Member MOTION Buffa, seconded by Council Member Humphrey, the purchase Purchase Approved was approved by the following roll call vote: AYES: Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: Hornbuckle Agreements and The Public Services Director recommended approval of the Easement for proposed improvements to Vehicle Parking District No. 1: Vehicle Parking (1) License Agreement and Agreement to Reimburse Costs of District No. 1 Improvements with Newport Boulevard Associates and Annetta Ellerbroek Trust, 2216 Vista Dorado, Newport Beach; "(2) Grant of Easement to the City of Costa Mesa from Linda Johnston, Pat and Evert Alsenz, 116 East 18th Street, Costa Mesa; (3) License Agreement and Agreement to Construct Retaining Wall, with Linda Johnston, Pat and Evert Alsenz; (4) Maintenance Agreement with Linda MOTION Johnston, Pat and Evert Alsenz. On motion by Council Agreements Approved Member Buffa, seconded by"Council Member Humphrey, the agreements were approved,'and the Mayor was authorized to sign on behalf of the City, by the following roll call vote: AYES: Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: Hornbuckle WARRANTS Item 6 on the Consent Calendar was presented: Warrant Resolution 1518, including, Payroll 9208. Vice Mayor Genis pointed out a payment to the Costa Mesa Civic Playhouse of $8,812.50, and she stated the Civic Play- house Patron's Association currently owes rent on the Neighborhood Community Center. The City Attorney clari- fied that if the Civic Playhouse and the Patron's Association are separate legal entities, an offset of funds is not possible: On motion by Council Member MOTION Buffa, seconded by Council Member Humphrey, Warrant Warrant 1518 Resolution 1518, 'including Payroll 9208, was approved by Approved the following roll call vote.: Parcel "A" Street Improve- ments MOTION Resolution 92-44 Adopted PUBLIC HEARING Advertising on Bus Shelters and Benches AYES: Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: Hornbuckle (Item 27 on the Consent Calendar was presented: Resolu- !tion finding that the proposed Parcel "A" street 'improvements are of benefit to the Redevelopment Project Area; and request to expend funds in an amount not to !exceed $300,000.00 for Parcel "A" street improvements. (The City Manager clarified that the authorization to ,expend funds should be an action of the Costa Mesa Redevelopment Agency. On motion by Council Member 1Buffa, seconded by Council Member Erickson, Resolution l92-44, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 1COSTA MESA, CALIFORNIA, APPROVING AND MAKING CERTAIN FINDINGS REGARDING PUBLIC IMPROVEMENTS, was adopted, and expenditure of funds will be placed on the next Redevel- opment Agency agenda. The motion carried by the follow - ling roll call vote: AYES: Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: Hornbuckle ;The City Clerk announced that this was the time and place set for the public hearing to consider an ordi- Inance amending Municipal Code Sections 5-121 and 5-128 and adding Chapter II to Title 19 pertaining to adver- Itising on bus shelters and benches. The Affidavit of ;Publishing is on file in the City Clerk's office. No communications were received. The Public Services !Director reviewed the Agenda Report dated March 24, 1992, and he stated that the financial status of each company would be reviewed before final determination was made; and, if desired, the successful company could be monitored throughout the life of the franchise. ;Council Member Humphrey pointed out on Page 4 of the !Agenda Report, Item 7, should be corrected to read, "No bench or shelter shall be located closer than fifteen (15) feet...", deleting the word "no" in front of j"closer". Anthony Mollicone, 1608 White Oak Street, Costa Mesa, who has been employed in the transit -related advertising business, referred to ordinance Section 19-305(b)(2), stating that adjacent property owners should have the I ight to object to proposed bus advertising, and he suggested leaving this section intact in the ordinance. On motion by Council Member Erickson, seconded by Council Member Humphrey, and carried 4-0, Mayor Hornbuckle absent, Mr. Mollicone was granted an addi- tional two minutes to speak. He reported that the bus advertising businesses are unstable at this point, and suggested tabling this item for six months or making nonexclusive agreements; however, he did not recommend a one-year contract.' Richard Wannenmacher,.Gannet Transit, 1731 Workman 'Street, Los Angeles, commented that the success of this program depended upon the contract being exclusive. He requested clarification of Section 19-307, Paragraph j(h), Page 13, asking if existing potential hazards to bus stop.users would be the responsibility of the fran- chisee; and regarding Section 19-310, Paragraph (a), Page 16, he asked if the term, "all shelters and bus stops" includes stops with just a sign and no shelter. i On motion by Council Member Humphrey, seconded by Council Member Erickson, and carried 4-0, Mayor Hornbuckle absent, Mr. Wannenmacher was granted an addi- tional minute to speak. He referred to Section 19-309, Paragraph (a), Page 15, regarding the phrase, "and a minimum basic fee per month...", stating that it is typical to offer the cities a flat fee or a percentage of gross receipts, whichever is greater. The City Attorney responded to the previous questions as follows: (1) Section,19-307, the answer is yes, potential hazards are the responsibility of the franchisee; (2) Section 19-309, Mr. Wannenmacher is correct, a flat fee or a percentage; and (3) Section 19-310, the franchisee would be expected to maintain and keep clean all bus shelters and bus stops. Arlene Schafer, 292 Bucknell Road, Costa Mesa, repre- senting Target Media, supported the ordinance and commented that the manufacturers of the bus stop signs for Target Media is Signpac, a local firm. Sid Soffer, 900 Arbor Street, Costa Mesa, asked if the City would be collecting monies from the advertising on the bus shelters, and the Vice Mayor responded affirma- tively. There being no other speakers, the Vice Mayor closed the public hearing. Vice -Mayor Genis stated she could not support a motion that limited the agreement to an exclusive franchise. MOTION On motion by Council Member Buffa, seconded by Council Ordinance 92-9 Member Erickson, Ordinance 92-9, AN ORDINANCE OF THE Given First CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading AMENDING SECTIONS 5-121 AND 5-128 OF THE COSTA MESA MUNICIPAL CODE AND ADDING CHAPTER II TO TITLE 19 OF THE COSTA MESA MUNICIPAL CODE PERTAINING TO ADVERTISING ON BUS SHELTERS AND BENCHES, was given first reading, with the following changes: Section 19-310(a) to read, "Fran- chisee shall maintain, repair, clean and service all bus shelters within the City's limits", deleting "and bus stops"; the City Attorney to clarify Item (1), Page 16, regarding the interest rate; the agreement to be an exclusive franchise as recommended by the Transportation Commission in the Agenda Report dated March 24, 1992; removing the double negative on Page 4, Item 6, of the Agenda Report. The motion carried by the following roll call vote: AYES: Buffa, Humphrey, Erickson NOES: Genis ABSENT: Hornbuckle ANNOUNCEMENT The Vice Mayor announced that a request had been received to continue New Business Item 6, request from Costa Mesa Chamber of .Commerce for City participation in a business survey. PUBLIC HEARING The City Clerk announced that this was the time and Appeal of PA -92-17 place set for the public hearing to consider the appeal A & G Imports of the Planning Commission's denial of Planning Action PA -92-17 from Alberto Garcia, A & G Imports, 1938 Newport Boulevard, for a Conditional Use Permit to allow the use of three existing outdoor hoists, with potential expansion to install two additional hoists in the future with related outdoor work, for an existing automotive repair business at 1938 Newport Boulevard in a C2 zone. Environmental Determination: Negative Declaration. The Affidavit of Mailing is on file in the City Clerk's MOTION PA -92-17 Approved RECESS PUBLIC HEARING Appeal of Permit Parking, Bureman Mayor Returned !office. No communications were received. The Deputy ;City Manager/Development Services summarized the Agenda Report dated April 14, 1992. He presented a visual graphic of the subject property illustrating the loca- tion of the existing outdoor hoists. !Mel Richley, 809 Via Lido, Newport Beach, representing (the applicant, referred to the map which was part of the !appeal, an aerial photograph of the area, and he presented several photographs which showed that this is Ian automotive repair area. He stated that the applicant is requesting relief from the mitigation measure irequiring an 8 -foot fence on the rear property line !because there now exists in that location a 5 1/2 -foot (block wall with a 4 -foot chain link fence on top which !is filled with ivy. He remarked that the Garcia 'brothers have operated a business in Newport Beach for approximately.12 years, and their intention is to move !the entire operation into the Costa Mesa property, thereby relocating the two additional hoists. Regarding noise and pollution, he stated that this is one of the ;quietest businesses in the area due to the nature of the business being the repair of engines; and pollutants are contained and not allowed to run in the gutters. i 1%d Soffer, 900 Arbor Street, Costa Mesa, suggested that !the Council "loosen up" on the local businessman and encourage, instead of discourage, business in Costa Mesa. There being no other speakers, the Vice Mayor closed the public hearing. On motion by Council Member Erickson, seconded by Council Member Humphrey, and carried 4-0, Mayor Hornbuckle absent, Planning Action PA -92-17 was approved for three hoists,subject to conditions contained in the Agenda Report with these added conditions: (1) The rear yard be provided with screening per the Planning Divi- sion's direction, either with more vegetation or slats; i(2) The front gates have slats or some other type of screening to shield the outdoor work from view of Newport Boulevard; and (3) The three hoists on site should be lowered when no work is being done on vehicles. Approval was based on the fact that there have been no complaints. The Vice Mayor declared a recess at 8:35 p.m., and the meeting reconvened at 8:50 p.m. The City Clerk announced that this was the time and place set for'the public hearing to consider appeal of the Transportation Commission's denial of a request to implement permit parking on Carnegie Avenue, the 400 block of Princeton -Drive, Swarthmore Lane, Elmhurst Lane, Bucknell Road west of Fordham Drive, Colby Place, Lehigh Place, and College Drive north of Wakeforest Road, from Carl Bureman, Board of Directors, College Park Homeowners Association, 447 Princeton Drive. The Affidavit of Mailing is on file in the City Clerk's office. A communication was received from Carolyn and Hal Smith, 457 Elmhurst Lane, Costa Mesa, opposing the implementation of parking permits. The Public Services Director reviewed the Agenda Report dated April 14, 1992, and he presented a visual diagram illustrating the subject area. At 8:55 p.m., the Mayor returned to the Council Chambers. 1 1 Carl Bureman, 447 Princeton Drive, Costa Mesa, stated that the original request for permit parking involved only Princeton Drive in the 400 block by Carnegie Avenue, and did not include Elmhurst Lane, Swarthmore Lane, Colby Place nor Lehigh Place. He stated that the basic problem in that area involved cars from the adja- cent automobile dealership. He showed several photo- graphsof the area and spoke regarding the Mediterranean Village Apartments whose resident and visitor parking enhance the existing problems. Rande Hawkinson, 426 Bucknell Road, Costa Mesa, added that this request did include the 400 block of Bucknell Road, and he stated that parking is a on-going problem in this area. Megan Delaney, 2554 Carnegie Avenue, Costa Mesa, sup- ported the comments made by the two previous speakers, and she noted that most of the parking problems in her area are caused by visitors, not the residents, of the Mediterranean Village Apartments. Marie Maples, 461 Swarthmore Lane, Costa Mesa, suggested instituting permit parking on a trial basis. Alan Baldwin, 437 Princeton Drive, Costa Mesa, noted his residence is on the corner of Princeton Drive and Carnegie Avenue, and he requested 2 -hour permit parking for those streets. Chuck Troy, E. S. Ring Management Corporation, 6733 South Sepulveda Boulevard, Suite 170, Los Angeles, property management company for the Mediterranean Village Apartments, gave a brief history of the parking situation in the apartments, stating that an additional 60 visitor parking spaces are planned for the complex. There being no other speakers, the Vice Mayor closed the public hearing. MOTION A motion was made by Council Member Humphrey, seconded Permit Parking by Mayor Hornbuckle, and carried 5-0, to approve permit Approved parking on Carnegie Avenue from Princeton Drive to Swarthmore Lane, and the 400 block of Princeton Drive, extending from Harbor Boulevard to 432 Princeton Drive. MOTION ' A motion was made by Mayor Hornbuckle, seconded by Referred to Council Member Erickson, and carried 5-0, requesting Transportation the Transportation Commission to review, 90 days subse- Comission quent to the -addition of 60 visitor parking spaces to the Mediterranean Village Apartments, the requirement for permit parking on Bucknell Road west of Fordham Drive; Carnegie Avenue, Colby Place, Leheigh Place south of Bucknell Road, and College Drive just south of Fair Drive. Mayor Hornbuckle asked the City Manager to consult with the Police Department to enforce the 2 -hour parking limit in the referenced permit parking areas. OLD BUSINESS The City Clerk presented from the meeting of April 6, Business Permit for 1992, Notice of Intention to Appeal or Solicit for Nationwide Chari- Charitable Purpose from Nationwide Charities of America, ties of America 8920 Limonite Avenue, No. 284, Riverside, by soliciting funds from March 1 to December 31, 1992, to aid homeless veterans and distribute anti-drug literature to children. The Deputy City Manager/Development Services stated that the applicant was,notified by telephone and by certified MOTION Permit Denied OLD BUSINESS In-house Mainte- nance of Police Vehicles 'letter of the continuance of this item; however, a ,representative of Nationwide Charities of America was not in:attendance. Carl Bureman, 447 Princeton Drive, Costa Mesa, stated he had done some investigation into the legitimacy of !Nationwide Charities of America by checking with a !gentleman named Sid Goldstein who is past commander of ;the Legion of Valor which is made up of people who wear '[the Congressional Medal of .Honor and the Distinguished Service Cross, and he also sits on the Orange County "!Veterans Advisory Committee. Mr. Goldstein related that !last year this group took in 2.1 million dollars plus !,for which they could prove not one penny went to any ;veteran. On motion by Council Member Humphrey, seconded by '[Council Member Erickson,. and carried 5-0, the permit was ;denied, with findings that the applicant apparently has ',been charged with fraud in connection with other solici- Itations; the applicant lacks sufficient financial and 'corporate responsibility to carry out its obligations under the Municipal Code; and the numbers on the permit application do not, add up. ;Council Member Erickson suggested communicating this !information to other cities in Orange County. The City Clerk presented from the meeting of April 6, ',1992, in-house maintenance of 37 police pursuit vehicles at a total cost not.to exceed $78,488.00 per year. The -Director of -Finance reviewed the Agenda Report dated April 13, 1992, which includes information requested by Council at the April -6 meeting. MOTION ion motion by Mayor Hornbuckle, seconded by Council In-house Mainte- 'Member Humphrey, and carried 4-1, Council Member Buffa nance Approved voting no, in-house maintenance of police pursuit vehicles was approved, with.a report on the actual maintenance ;cost to be provided annually. ;'Vice Mayor Genis suggested having a report at about ,the six-month point in order to evaluate how the new jsystem is working. OLD BUSINESS 'The City Clerk presented Ordinance 92-6, regarding Small -lot, Single 'development standards for small lot, single-family Family Dwelling ;developments, for,second reading and adoption. The Units Deputy City Manager/Development Services summarized ,the Agenda Report dated April 13, 1992. ;Heather Somers, 313 Robin Hood Lane, Costa Mesa, who ;spoke during Oral Communications regarding Ordinance A2-6, addressed Section 13-248, Purpose, Page 13-15.1 of the Modified Pages of Title 13, as it relates to the !deletion of Section 15, Page 9 of the ordinance. She ;expressed her concern about the deletion of the require- ment to notify homeowners of public hearings conducted on adjacent properties. She requested that Section 15 not be deleted from Ordinance 92-6. The Deputy City Manager/Development Services stated in !response to an inquiry from Council Member Humphrey ;regarding Section 15 on Page 9 that this section is .'duplicated in the sections before and after it, and to delete it from the ordinance is basically a cleanup faction. He stated that homeowners would still be noti- !f ied when the map. -for a condominium or single-family housing tract is processed. A discussion ensued regarding the Fire Department requirements for adequate room to accommodate fire equipment, the placement of fire hydrants, and the enforcement of fire lanes. Kerry Smith, 375 Promontory Drive, Newport Beach, a builder in Costa Mesa, addressed the issue of increasing driveway widths, stating that he did not see the purpose of the increase. On motion by Mayor Hornbuckle, seconded by Council Member Erickson, and carried 5-0, Mr. Smith was granted an additional minute to speak. He stated that this ordinance is not well conceived, is overly strict, and it will hurt good builders because of a few bad projects. Craig Hampton, 2405 La Mesa Court, Costa Mesa, owner of a Costa Mesa architectural business, stated he believes this ordinance is a mistake as it discourages single-family development and townhome development. He suggested reconsidering this ordinance. MOTION On motion by Mayor Hornbuckle, seconded by Council Ordinance 92-6 Member Erickson, and carried 4-1, Council Member Tabled and Referred Humphrey voting no, Ordinance 92-6 was tabled for the to Future Study present time and will be presented at a future Council Session Study Session. Council Member Buffa suggested looking towards encourag- ing a more innovative and visionary way to make more single-family detached homes available to a larger seg- ment of the population and not just redoing this ordi- nance at a Study Session. OLD BUSINESS The City Clerk presented Ordinance 92-7 for second read - Forfeiture Fund ing and adoption, relating to the forfeiture fund. The City Attorney stated that this ordinance would allow the Police Department to effectively use the forfeiture fund for the purposes indicated in their budget request. Council Member Erickson suggested the funds would be well used in supporting law enforcement programs which should include education about gang related violence. MOTION On motion by Council Member Buffa, seconded by Mayor Ordinance 92-7 Hornbuckle, Ordinance 92-7, AN ORDINANCE OF THE CITY Adopted COUNCIL OF THE CITY OF COSTA. MESA, CALIFORNIA, AMENDING SECTION 14-71 OF THE COSTA MESA MUNICIPAL CODE RELATING TO THE FORFEITURE FUND, was given second reading and adopted by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None OLD BUSINESS The City Clerk presented Ordinance 92-8 for second read - Corrections Offi- ing and adoption, relating to the Corrections Officer cer Training training standards. The City Attorney explained that Standards this ordinance would allow the City to qualify for state aid for the training of Corrections Officers. MOTION On motion by Council Member Humphrey, seconded by Ordinance 92-8 Council Member Erickson, Ordinance 92-8, AN ORDINANCE OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING SECTION 14 -8 -TO THE COSTA MESA MUNICIPAL CODE RELATING TO THE CORRECTIONS OFFICER TRAINING STANDARDS, was given second reading and adopted by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None NEW BUSINESS The City Clerk presented a resolution of necessity, Completion of Work jpublic works contracts, and a professional services Metro Fire Station: lagreement with a construction manager for completion of the Metro Fire Station. The City Attorney summarized 'his Report No. 92-23 dated April 15, 1992. MOTION On motion by Council Member Buffa, seconded by Mayor Resolution.92-45 Hornbuckle, Resolution 92-45, A RESOLUTION OF THE CITY Adopted; Contracts COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING Approved in Concept AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE WAIVING THE BID PROCESS FOR PUBLIC WORKS AGREE- ;MENTS FOR COMPLETION OF THE METRO FIRE STATION, was ;adopted; the public works contracts and professional services agreement were approved in concept; and the .City Manager was authorized to negotiate and execute all contracts for completion of the project. The motion icarried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None NEW BUSINESS The City Clerk presented requests for a local appeals Access Requirements ;board to review building access requirements for the for Handicapped; physically handicapped; and appointment of members to Building, Housing, the Building, Housing, and Fire Codes Board of Appeal. and Fire Codes The City Manager summarized the Agenda Reports on these Board of Appeal two items, dated April 13, and April 14, 1992, respec- tively. MOTION On motion by Mayor,Hornbuckle, seconded by Council Boards Integrated Member Humphrey, and carried 5-0, the two boards were 'integrated, and the size was increased to seven members, with two members to be chosen from the physically handi- capped citizenry. MOTION On motion by Mayor Hornbuckle, seconded by Council Cole, Dembinski, Member Humphrey, and carried 5-0, five persons were Schulte, Steinfield, appointed to the board: Franklin Cole, Valentine and Zatin Appointed Dembinski, Michael Schulte, Thomas Steinfield, and Mel ,Zatin, with the remaining two openings to be advertised. NEW BUSINESS The City Clerk presented Amendment No. 1 to the lease Amendment to Lease agreement with Newport -Mesa Unified School District for Agreement for Rea use of Rea Intermediate School. The City Manager School reviewed the Agenda Report dated April 13, 1992. He responded to a question from the Vice Mayor by stating that the adult day-care would remain at Rea Center; and the majority of the balance of the facility is occupied. I MOTION. On motion,by Council Member Humphrey, seconded by Amendment No. 1 Council Member Erickson, Amendment No. 1 to the Lease Approved 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 NEW BUSINESS The City Clerk presented a request to appoint a new Cable Television member to the Cable Television Committee. Council Committee Member Erickson suggested appointing not only a new Appointment member but an alternate to the committee. A motion was -1 J MOTION/Appoint Blackman and Michaels AMENDED MOTION Blackman, Michaels, and Graham Appointed NEW BUSINESS Business Survey MOTION/Continued to May 4,. 1992 CITY ATTORNEY REPORTS Wright Claim; Concerned Citizens v. Ned West made by Council Member Erickson, seconded by Council Member Humphrey; to appoint Barron Blackman as a member of the Cable Television Committee; and Patrick Michaels as the alternate. Council Member Buffa was supportive of appointing Marylane Graham, and Mayor Hornbuckle suggested having two alternates. Council Member Erickson amended his motion to add Marylane Graham as the second alternate. The amended motion was seconded by Council Member Humphrey, and carried 5-0. The City Clerk presented a request from the Costa Mesa Chamber of Commerce for City participation in a business survey., On motion by Council Member Buffa, seconded by Council Member Humphrey, and carried 5-0, this item was continued to the meeting of May 4, 1992. The City Attorney requested a closed session pursuant to Government Code Sections 54956.9(a) and 54956.9(b)(1) to discuss the following issues: Settlement of the claim from Gerald Wright; Impact of latest decision from Court of Appeal in Concerned Citizens of Costa Mesa v. Ned West, Case No. G010189, on the 1980 agreement between the 32nd District Agricultural Association and the City of Costa Mesa. Vice Mayor Genis announced that closed session would be held after close of regular business. CITY MANAGER The City Manager presented a request for expenditure of REPORT legal fees,.not to exceed $150,000.00, from the Golf Legal -Fees for Course Enterprise Fund for Green v. Amburgey, et al, Green v. Amburgey, Orange County Superior Court Case No. 63-93-04, for et al. fiscal year 1991-92, and Budget Adjustment No. 92-55 for $150,000.00. He reviewed the Agenda Report dated April 14, 1992, stating that if these monies were not taken from the Golf Course fund, the recommendation would probably be to take them from the Reserve Fund. Ory Amburgey, 945 Coronado Drive, Costa Mesa, pointed out that this lawsuit involves not only himself but the City of Costa Mesa, Orange Coast Catering, etc., and should be listed as Green,v. Amburgey, et al. He stated he was against taking money from the Golf Course fund. on motion by Council Member Humphrey, seconded by Council Member Erickson, and carried 5-0, Mr. Amburgey was granted an additional minute to speak. He asked if court -awarded attorneys' fees would be returned to the Golf Course fund. The City Attorney responded that if a fee award were received, it would be his recommendation that the award be posted back to the Golf Course fund. Motion Failed to A motion was made by Mayor Hornbuckle, seconded by Carry Council Member Erickson, to pay the legal fees, not to exceed $150,000.00, from the.Golf Course Enterprise Fund; and to approve Budget Adjustment No. 92-55 for $150,000.00; and stipulating that any fees awarded will be reimbursed to,the same fund. The motion failed to carry 3-2, Council Members Genis, Buffa, and Humphrey voting no. Substitute Motion A substitute motion was made by -Council Member Humphrey, Failed to Carry seconded by Vice Mayor Genis, to pay legal fees of $75,000.00 from the Golf Course Enterprise Fund, and the balance of $75,000.00 from the General Fund, and prepare a revised budget adjustment. The substitute motion failed to carry 3-2, Council Members Hornbuckle, Buffa, and Erickson voting no. Council Member Humphrey requested an itemization of legal fees expended to date on this matter. SUBSTITUTE MOTION 'A substitute motion was made by Council Member Buffa, City Manager to seconded by Council Member Humphrey, and carried 5-0, Provide Available (directing the City Manager to provide specifics on Options ,options available for funding the legal fees other than the Reserve Fund. COUNCIL MEMBER 'Council Member Erickson said that South Coast Plaza, as COMMENTS a result of comments from citizens, have initiated valet Valet Parking for 'parking program for people driving cars with handicapped the Handicapped license plates. He announced for members of the Citi- zens Transportation Alternative Study Group that the Bridge Items bridge items to be. presented to the Board of Supervisors Pulled on Tuesday, April 21, 1992,,had been removed from their agenda, and there will be a meeting at 6:30 p.m. on ,April 21 at the Palme residence, 1997 Kornat Drive, ,Costa Mesa, to decide on future action. Handicapped. Access Council Member Humphrey asked the City Attorney for an opinion on the application of Federal law on handicapped Drug Free Zones access for City Hall, and the CDBG, Community Develop- ment Block Grant, funding data. He displayed a "Drug ,Free Zone" sign originated by the Substance Abuse Committee, to be placed in school areas as a constant !reminder. Solicitation Permits !Vice Mayor Genis stated there was an organization that ,put cards and bags on the doors of homes in her area, .,and upon investigation, she found they did not have !authorization to solicit in the City of Costa Mesa. In regard to changes made in the General Plan, on noncon- Nonconformi-ng Uses 'forming uses, she expressed a desire to look at this dearly in the process to determine priorities. Announcements ;Mayor Hornbuckle thanked the Vice Mayor for conducting the Council Meeting. She made the following announce- ments: on Saturday, April 25, 1992, starting at 8:00 a.m., there will be a clean-up at Fairview Park and :Canyon Park, and those who participate will receive a hat; from 10:00 a.m. to 2:00 p.m. on the same day, an (Emergency Expo will take place at the Fire Station on ',;Placentia Avenue, across from Estancia High School; and 'at 11:30 a.m. and on through the afternoon, it is the 1:50th anniversary of the Santa Ana Army Air Base, and ;their reunion and luncheon will be held at Orange Coast (College, and the Costa Mesa Historical Society can {provide more information. The Imagination Celebration ,sponsored by the.Orange County Performing Arts Center will begin the upcoming weekend and will be going on for a week; and the El Toro Air Show is next Saturday and j Sunday. ADJOURNMENT TO At 11:15 p.m., the Vice Mayor adjourned the meeting to CLOSED SESSION a closed session in the first floor Conference Room to !discuss the aforementioned items listed under City Attorney Reports. MEETING RECONVENED ;The Vice Mayor reconvened the regular meeting at 11:35 p.m., and the following action was taken during closed session: MOTION/Settlement ;Regarding the claim of Gerald Wright, by a vote of 5-0, Authorized in Council authorized settlement in accordance with the Wright Claim 'City Attorney's confidential memorandum dated April 15, ;1992. Concerned Citizens !Regarding the Concerned Citizens of Costa Mesa v. Ned v. Ned West !West, Appellate Court Case No. 6010189, Council Member Buffa absent, the report of the City Attorney was ',received, and no action was taken. [1 II ADJOURNMENT The Vice Mayor declared the meeting adjourned at 11:40 p.m. 4 Mayor of the City of Costa Mesa ATTEST: ty Clerk of the City of Costa sa