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HomeMy WebLinkAbout05/18/1992 - City Council1 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA MAY 18, 1992 The City Council of the City of Costa Mesa, California, met in regular session May 18, 1992, at 6:30 p.m., in the Council Chambers of City Hall., 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by the Reverend Galal Gough, First United Methodist Church. ROLL CALL Council Members Present: Mayor Mary Hornbuckle Vice Mayor Sandra Genis Council Member Peter Buffa Council_Member Jay Humphrey Council Member Joe Erickson Council Members Absent: None Officials Present: City Manager Allan Raeder City Attorney Thomas Kathe Deputy City Manager/Develop- ment Services Donald Egon Public Services Director William Morris City Clerk Eileen Phinney MINUTES On motion by Council Member Erickson, seconded by May 4, 1992 Council Member Humphrey, and carried 5-0, the minutes of the regular meeting of May 4, 1992, were approved as distributed. ORDINANCES A motion was made by Council Member Buffa, seconded by Vice Mayor Genis, and carried 5-0, to read all ordi- nances by title only. ORAL COMMUNICATIONS Bill Folsom, 2538 California Street, Santa Ana, Presi- dent of the Costa Mesa City Employees Association, Proposals for spoke about the proposals received by the City for Operation of the Operation of the Costa Mesa Golf Course, and contended Costa Mesa Golf that the employees' proposal equals or exceeds all Course others. Mr. Folsom submitted a petition containing 489 signatures of golf course users who "do not want the maintenance of the golf course contracted out". He also submitted 266 postcards addressed to the City Council in support of retaining the present golf course opera- tor, Harry Green. Mayor Hornbuckle mentioned that Council has not reviewed the proposals as yet. The City Manager announced that this item might be on the Council agenda for June 1, 1992. Repair of Costa Howard Minder, 432 East 18th Street, Costa Mesa, . Mesa Golf Course commented that the Mesa Linda course at the Costa Mesa Golf Course is in abysmal condition and requested that it be repaired as soon as possible. Robert Graham Robert Graham, 2865 Chios Road, Costa Mesa, spoke on Comments several issues. He recommended an overall plan to underground utilities within the City. Mr. Graham objected to the design of the Corporation Yard remodel- ing because the access used by students to get to Placentia Avenue is not'now available to them. He was not pleased with the appearance of the remodeled Corpor- ation Yard. Mr. Graham expressed his displeasure with the bikeways in the area near the golf course. The City 297 Manager and Public Services Director responded to some of the comments made by Mr. Graham regarding the bike- ways; however, Mayor Hornbuckle felt it would be more ,appropriate for Mr. Graham to contact the City Manager Ifor further discussion on the issues he raised. Human Relations Lance Jencks, 443 Flower Street, Costa Mesa, thanked Committee Council for appointing him as an alternate member on the Human Relations Committee. Sid Soffer Sid Soffer, 900 Arbor Street, Costa Mesa, referenced a Comments memorandum prepared by the City Attorney at the request ;of Council which.answered questions posed by Mr. Soffer several weeks ago. Mr. Soffer was not satisfied with %the answer regarding Council's decision to defend the City Manager in a misdemeanor hearing, yet chose not to defend former Council Member Amburgey in the Green lawsuit. Parking on Carl Bureman, 447 Princeton Drive, Costa Mesa, believed Carnegie Avenue that the reason Mediterranean Village residents are parking on Carnegie Avenue is because they are being ,charged to parka second vehicle within the complex. It was his opinion that the parking fee is illegal. 'Vice Mayor Genis mentioned that from time to time, apartment owners on Royal Palm Drive had been renting out garages separately and Code Enforcement dealt with those people. She suggested that if this is occurring, citations should be issued. The Mayor directed staff to investigate the matter. Mr. Bureman stated that a vehicle belonging to a car ,dealer on the -other side of Harbor Boulevard backed into and damaged a brick wall on Carnegie Avenue. The driver informed the residents that the wall belongs to, and is maintained by the City. Mr. Bureman asked Council to inform the dealer that the wall belongs to him and he should see to it that the wall is maintained, and the grass mowed. Complaint Against Mr. Bureman reported that on Wednesday mornings at City BVloyees approximately 8:20 a.m., City truck No. 104A with two City employees in it arrives, and while one employee mows the lawn for two hours, the other sits in the truck ;drinking coffee, reading the newspaper, or sleeping. CONSENT CALENDAR The following items were removed from the Consent Calendar: Item 13, Budget Adjustment 92-59, install traffic signal Improvements; Item 14, Budget Adjustment 92-60, repair walkway at Estancia Park; and Items 17(a) and (b), Agreements with 32nd District Agricultural Association, for the City to provide traffic management for the Fairgrounds. ;on motion by Council Member Erickson, seconded by Council Member Humphrey, the remaining Consent Calendar MOTION were approved; and the following items were continued Budget Adjustments 'to June 1, 1992: 92-59 and 92-60 Continued to Item 13 - Budget Adjustment 92-59 for $13,000.00, to June 1, 1992 install audible pedestrian signals on Fairview Road at the Orange Coast College entrance, and flashing school zone beacons on Baker Street and Labrador Drive. Item 14 - Budget Adjustment 92-60 for $25,000.00, to repair the walkway at Estancia Park. The motion carried by the following roll call vote: 1 rwW U AYES: Hornbuckle,..Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None READING FOLDER On motion by Council Member Erickson, seconded by Council Member Humphrey, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: County Sanitation Districts of Orange County; and Diane Hinojosa. Alcoholic Beverage Alcoholic Beverage Licenses for which parking has been Licenses approved by the Planning staff:: Angela L. and Mike M. Newin, doing business as party Time Liquor, 1548 Adams Avenue, Suite "A'; and Il Fornaio (America) Corpora- tion P-12, doing business at 650 Anton Boulevard. BUSINESS PERMIT Notice of Intention to Appeal or Solicit for Charitable The Golden Rule Purpose was received from The Golden Rule Learning Learning Center Center, 1770 Orange Avenue, Costa Mesa, by soliciting funds from May 18 through November 18, 1992. On motion MOTION by Council Member Erickson, seconded by Council Member Permit Approved Humphrey, and carried 5-0, the permit was approved with application of Municipal Code Section 9-226. SET FOR PUBLIC A motion was made by Council Member Erickson, seconded HEARING by Council Member Humphrey, to adopt Resolution 92-46, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Abandon Property MESA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE on Elden Avenue VACATION OF 22 FEET OF PROPERTY AT 2147 ELDEN AVENUE, setting a public .hearing on June 15, 1992, at 6:30 p.m., MOTION in the Council Chambers of City Hall. The motion Resolution 92-46 carried by the following roll call vote: Adopted; Hearing AYES: Hornbuckle, Genis, Buffa, Set for June 15, Humphrey, Erickson 1992., NOES: None ABSENT:. None Landscaping Assess- A motion was made by Council Member Erickson, seconded ment District No. 1: by Council Member Humphrey, to adopt Resolution 92-47, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MOTION MESA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND Resolution 92-47 COLLECT ASSESSMENTS DURING.FISCAL YEAR 1992-1993 WITHIN Adopted; Hearing CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT N0. Set for June 1, 1, Tracts 9901 and 12011, located south of Sunflower 1992 Avenue and east of Smalley Road, setting a public hearing on June 1, 1992, at 6:30 p.m., in the Council Chambers of City Hall. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Landscaping Assess- A motion was made by Council Member Erickson, seconded ment District No. 2 by Council Member Humphrey,.to,adopt Resolution 92-48, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF -COSTA MOTION MESA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND Resolution 92-48 COLLECT ASSESSMENTS DURING FISCAL YEAR 1992-1993 WITHIN Adopted; Hearing. CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT N0. Set for June 1, 2, Tract 10513, located on.the northwest corner of Bear 1992 Street and the Corona del Mar Freeway, setting a public hearing on June 1, 1992, at 6:30 p.m., in the Council Chambers of City Hall. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None R-92-02 On motion by Council Member Erickson, seconded by Pacific Building Council Member Humphrey, and carried 5-0, the following Concepts/Stuart ;item was set for public hearing on June 1, 1992, at 6:30 p.m., in the Council Chambers of City Hall: Rezone MOTION Petition R-92-02, Pacific Building Concepts, 18102 Sky Hearing Set for Park South, Suite A-1, Irvine, authorized agent for John June 1, 1992 Stuart, 893 Sandcastle, Corona del Mar, to rezone three contiguous lots at 684, 686, and 690 West 18th Street from R2 to R3. Environmental Determination: Negative Declaration. WARRANTS On motion by Council Member Erickson, seconded by 'Council Member Humphrey, Warrant Resolution 1520, MOTION including Payroll 9210, was approved by the following Warrant 1520 ,roll call vote: Approved AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None REJECTED CLAIMS On motion by Council Member.Erickson, seconded by Council Member Humphrey, and carried 5-0, the following claims were rejected: Calavetta Claim from Ramona Calavetta (vehicle damage from construction activity). Khodnegah Claim.frcm Ali Khodnegah (traffic collision with City vehicle). Kogler Claim from David Kogler (vehicle damage caused by roadway defect). Perkins Claim from JoAnne Perkins (vehicle damage caused by paint on roadway). Vasquez Claim from Hector Mendoza Vasquez (alleged excessive force by police). Bloeser Claim from Gerald M. Bloeser (business interruption due tostreet construction project). ADMINISTRATIVE The Final Map was presented for Tract No. 14432, five ACTIONS lots, 0.328 -acre, located at 367 and 373 Ogle Street, for residential condominiums; Lloyd Miles Development, Final Map for Incorporated, developer, 423 Poppy Avenue, Corona del Tract 14432/Lloyd Mar. On motion by Council Member Erickson, seconded by Miles Development Council Member Humphrey, and carried 5-0, the map was approved pursuant to the provisions of Section MOTION 66436(a)(3)(A) of the Subdivision Map Act; Council did Map Approved accept on behalf of the City of Costa Mesa the ingress ;and egress easement for emergency and security vehicle purposes as dedicated; and the City Clerk was authorized to sign said map on behalf of the City. Final Map for. The Final Map was presented for Tract No. 14433, nine Tract 14433/Lloyd lots, 0.579 -acre, located at 302 East 16th Street, for Miles Development residential condominiums; Lloyd Miles Development, Incorporated, developer, 423 Poppy Avenue, Corona del MOTION Mar. On motion by Council Member Erickson, seconded by Map Approved Council Member Humphrey, and carried 5-0, the map was approved pursuant to the provisions of Section 66436(a)(3)(A) of the Subdivision Map Act; Council did accept on behalf of the public the dedication of 16th Street for street and highway purposes; did also accept on behalf of the City of Costa Mesa the ingress and egress easement for emergency and security vehicle purposes as dedicated; and the City Clerk was authorized to sign said map on behalf of the City. 1 Notice of. Completion Canyon Park Improvements, Phase II, were completed to Clayton Engineering the satisfaction -of the Community Services Director on February 24, 1992, by Clayton Engineering, Incorporated, Canyon Park Improve- 3661 Spruce Street, Newport Beach. On motion by Council ments, Phase II Member Erickson, seconded by Council Member Humphrey, the work was accepted; the City Clerk was authorized to MOTION file a Notice of Completion; authorization was given to Work Accepted 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 Budget Adjustment A motion was made by Council Member Erickson, seconded 92-57/State by Council Member Humphrey, to approve Budget Adjustment Transportation 92-57 for $20,000.00, which is the City's contribution Improvement Program to maintain local participation priority status in the State Transportation Improvement Program (STIP). The MOTION motion carried by the following roll call vote: Adjustment AYES: Hornbuckle, Genis, Buffa, Approved Humphrey, Erickson NOES: None ABSENT: None Amendment to Job Staff recommended establishing the classification of Classifications Recreation Coordinator, and adjusting the salary range of the Recreation Supervisor classification, which reflects the local labor market and current organiza- MOTION tional structure. On motion by Council Member Erickson, Resolution.92-49. seconded by Council Member Humphrey, Resolution 92-49, Adopted A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING RESOLUTION NO. 92-1 BY ESTABLISHING A NEW CLASSIFICATION AND ADJUSTING THE RATE OF.PAY FOR A CURRENT CITY CLASSIFICATION UNDER THE BASIC PAY SCHEDULE, was adopted by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Emergency Services On motion by Council Member Erickson, seconded by Council Member Humphrey, Resolution 92-50, A RESOLU- MOTION TION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, Resolution 92-50 CALIFORNIA, AUTHORIZING CERTAIN OFFICIALS OF THE CITY Adopted TO FILE.APPLICATION WITH THE CALIFORNIA OFFICE OF EMERGENCY SERVICES, was adopted by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Agreements with Items 17(a) and (b) on the'Consent Calendar were pre - State 32nd District sented: Item 17(a) Agreement No. SA-120-92IE with Agricultural Asso-- the State of California, 32nd District Agricultural ciation Association, for the District to pay an amount not to exceed $25,000.00, for City police to provide traffic Police Services for management services for interim events at the Orange the Orange County County Fairgrounds from May 1 through December 31, 1992; Fairgrounds and Agreement No. SA-122-92FT, for the District to pay an amount not to exceed $78,000.00, for City police to provide traffic management services on public streets during the Orange County Fair, July 10 through July 26, ,1992. Council Member Buffa announced that he would be abstaining from voting on these items. Sid Soffer, 900 (Arbor Street, Costa Mesa, asked if there were any means 'of obtaining additional funds from the State if the ;police services were to cost more than the amounts !stated in the agreements. The City Manager responded 'that the agreements could be amended if necessary, and assured Mr. Soffer that the City will be compensated for any police services at the Fairgrounds. MOTION !On motion by Council Member Erickson, seconded by Agreements (Council Member Humphrey, the agreements were approved, Approved sand the Police Chief was authorized to sign on behalf ,of the City. The motion carried by the following roll (call vote: MOTION AYES: Hornbuckle, Genis, Upheld Planning Humphrey, Erickson Commission's NOES: None Decision ABSENT: None ABSTAIN:. Buffa PUBLIC HEARING !The City Clerk announced that this was the time and Appeal from Soffer iplace set for the public hearing to consider an appeal for Property at ;from Sid Soffer, 900 Arbor Street, Costa Mesa, regard - 540 Bernard Street ;ing the Planning Commission's decision to uphold staff's 'policy pertaining,to acceptability of applications, 'specifically, complete versus incomplete application jfor property at 540 Bernard Street. No communications ;were received. I !The Deputy City Manager/Development Services summarized ;the Agenda Report dated May 13, 1992, and reported that Mr. Soffer contacted the Planning Division to file a ,Minor Conditional Use Permit on March 16, 1992, the ,deadline for filing land use applications under the standards of the previous General Plan. He explained that staff advised Mr. Soffer that they could not ;process the permit.because he did not have all the data !needed to file an acceptable application. 'At the request of the Mayor, the City Attorney reviewed !his memorandum dated May 15, 1992, regarding the author- ity of staff to reject incomplete permit applications (pursuant to the California Permit Streamlining Act. !Sid Soffer asserted that staff never informed him that Ithe deadline to file under the previous General Plan was March 16, 1992, and felt that his application should inot have been rejected merely because he had not as yet 'iobtained the names and addresses of property owners !entitled to be notified of the permit application. 1 The City Attorney commented that staff complied with the requirements of the law, and the Planning Division's procedures state that all data must be provided before an application can be processed. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Erickson, seconded Upheld Planning I by Vice Mayor Genis, to uphold the Planning Commission's Commission's decision upholding staff's policy regarding acceptabil- Decision ity of the application. Vice Mayor Genis stated that it was important to support this decision because under the Permit Streamlining Act,. once an application is accepted and deemed to be complete, the City must act on it with- in a given time or the application is deemed to be j approved. Council Member Buffa opposed the motion because, even though he felt staff acted in good faith, the Information Sheet (Page 7 of the Agenda Report) was 1 not clear since the fourth paragraph states, "You are encouraged to submit your complete application . . .". Council Member Erickson commented that another section clearly states that the applicant must include all information. The motion carried 4-1, Council Member Buffa voting no. Mayor Hornbuckle asked the Deputy City Manager to have staff review the Information Sheet per Council Member Buffa's comments to make sure all information is absolutely clear. PUBLIC HEARING The City Clerk announced that this was the time and Rehearing of Appeal place set for the public hearing to rehear the appeal for PA -92-17 of the Planning Commission's denial of Planning Action A & G Imports PA -92-17 from Alberto Garcia, A & G Imports, for a Conditional Use Permit to allow use of three existing outdoor hoists, with potential expansion to install two additional hoists in the future with related out- door work, for an automotive repair business at 1938 Newport Boulevard in a C2 zone. Environmental Deter- mination: 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 a rehearing is required because at the Council meeting of April 20, 1992, the Negative Declaration was not adopted. The City Attorney stated that it would be appropriate for Council to set aside its previous decision. There being no speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Humphrey, seconded Set Aside Previous by Council Member Erickson, and carried 5-0, to set Decision aside Council's previous decision of April 20, 1992. MOTION On motion by Council Member Humphrey, seconded by Adopted the Negative Council Member Erickson, and carried 5-0, the Negative Declaration and Declaration of Environmental Impact and the De Minimis De Minimis Finding Finding were adopted. MOTION On motion by Council Member Humphrey, seconded by Approved PA -92-17 Council Member Erickson, and carried 5-0, Planning Action PA -92-17 was approved in accordance with Council's approval on April 20, 1992: "Planning Action PA -92-17 was approved for three hoists subject to condi- tions contained in the Agenda Report with these added conditions: (1) The rear yard be provided with screen- ing per the Planning Division's direction, either with more vegetation or slats; (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". PUBLIC HEARING The City Clerk announced that this was the time and Appeal of PA -88-134 place set for the public hearing to consider an appeal and C-32-67 of the Planning Commission's conditions for C-32-67 and Nabers Planning Action PA -88-134, from Bob Hansen and Dick Nabers, Nabers Buick, for a Conditional Use Permit for construction and operation of a new car agency, and a Conditional Use Permit to allow expansion of an auto dealership, with a variance from side setback require- ments, for property at 2600 Harbor Boulevard in a Cl zone. Environmental Determination: Negative Declara- tion. The Affidavit of Mailing is on file in the City Clerk's office. No communications were received. The Deputy City Manager/Development Services reviewed the Agenda Report of May 7, 1992, reporting that this r. 4 Q matter was brought to the Planning Commission due to the filing of a petition of complaint signed by 25 ,neighbors in the vicinity of the business. He stated jthat the Planning Commission added conditions and modi- Ified others as outlined in the Agenda Report. Don Partch, Nabers Cadillac and Buick, submitted a letter from Mr. Nabers, in which he explains that the modified conditions will seriously restrict his ability to effectively conduct business. Mr. Partch commented that their Appeal also addresses their concerns with the amended conditions. 'Council Member Erickson pointed out that during the hearing before the Planning Commission in 1988, the ,representative from Nabers advised that the top story would be used for storage of vehicles and was not ;accessible to the public. Responding to a question from Vice Mayor Genis, Mr. Partch reported that there is employee parking at Orange Coast College, and there are approximately 25 customer parking spaces in front of the dealership and on-site. Carl Bureman, 447 Princeton Drive, Costa Mesa, Board 'Member of the College Park Homeowners Association, complained about the loud noises coming from the dealer- ship at 5:30 a.m.; cars parked in the no -parking areas; horn honking as people drive up and down the ramp; and the neglected condition of the turf block. Photographs of the business were displayed on the overhead projector, :one depicting cars being washed on the top level, and ;others showing some problem areas which Mr. Bureman felt needed improvement. He did admit that employees are no _ 'longer parking on the street. Mr. Bureman referred to ,the map on Page 34 of the Agenda Report, and via the overhead projector, pointed to an area on the top story of the building where a fence could be installed to prevent intrusion on the neighboring properties by people utilizing the top story. ,Bud Lengtat, 432 Princeton Drive, Costa Mesa, commented that Mr. Nabers did not live up to the gentlemen's agreement he made with the neighbors in 1988. He (reported that the Public Address System has been turned doff from time to time, but is being used now. Carl Mullis, 454 Princeton Drive, Costa Mesa, reported that his children will not play in the back yard because of intimidation by the people on the top level of the dealership. Paul Engard, 448 Princeton Drive, Costa Mesa, spoke about the nuisance created by the air compressors, and !mentioned that Mr. Nabers did not live up to his promise that only employees parking and removing cars would be allowed on the top story. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that it was the Council's fault that these problems exist because -they allowed residential developments adjacent to commercial zones without an adequate buffer area. Marie Maples, 461 Swarthmore Lane, Costa Mesa, repre- senting the College Park Homeowners Association, felt 'that Council should insist that Mr. Nabers adhere to those conditions agreed to by both Mr. Nabers and the residents. 3,01 Responding to questions from Council, Don Partch stated that he could not comment on the recommendation made by Mr. Bureman; however, he suggested meeting with the residents to address their concerns. After discussion, Council Member Erickson suggested continuing the public hearing in order to allow time for Mr. Nabers to meet with the residents. Council Member Humphrey recommended addressing the potential modification to the additional wall blocking access to the south side of the roof structure. MOTION A motion was made by. Council Member Humphrey, seconded Continued to by Council Member Erickson, to continue the public June 1, 1992 hearing to June 1, 1992, and directing that a meeting be held during the two-week interim between Mr. Nabers and representatives of the neighborhood, with the express consideration to reach a conclusion in this matter and end this problem once and for all. Vice, Mayor Genis supported the continuance; however, she was concerned that Mr. Nabers did not abide by the agreement he had made with the neighbors. There were additional conditions she wanted staff to review: (1) All employees shall be required to park on-site or at the off-site lot maintained by Nabers Cadillac; and (2) A minimum of 19 off-street parking places shall be provided for customer and employee use; the customer and employee parking shall be clearly posted and shall not be used for vehicle display. In addition, Vice Mayor Genis suggested that in those conditions where it says that landscaping or turf block shall be pro- vided, add the words "and maintained". Mayor Hornbuckle commented that turf block is difficult to maintain, and she agreed with a condition recommended by staff which would require installation of decorative paving under the direction of Planning staff. The motion to continue the public hearing carried 5-0. RECESS The Mayor declared a recess at 8:35 p.m., and the meet- ing eeting reconvened at 8:45 p.m. PUBLIC HEARING The City Clerk announced that this was the time and R-92-01 place set for the public hearing to consider Rezone Redevelopment Petition R-92-01, Costa Mesa Redevelopment Agency, to Agency rezone a 2.19 -acre vacant parcel at the northwest corner of West 18th Street and Newport Boulevard from C2 (General Business District) to PDC (Planned Development Commercial). Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the City Clerk's office. No -communications were received. The Deputy City Manager/Development Services reviewed the recommendations from the Planning Commission, shown in the Agenda Report of May 11, 1992. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Vice Mayor Genis, seconded by Council Ordinance 92-10 Member Buffa, the Negative Declaration of Environmental Given First Impact and De Minimis Finding were adopted; and Ordi- Reading nance 92-10, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PROPERTY AT THE NORTHWEST CORNER OF WEST 18TH STREET AND NEWPORT BOULEVARD FROM C2 TO PDC, was given first read- ing and passed to second reading. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None PUBLIC HEARING The City Clerk announced that this was the time and Off-site Hazardous place set for the public hearing to consider an ordi- Waste Facilities nance adding Article 6 to Chapter XIII of Title 13 of the Costa Mesa Municipal Code, and a resolution setting fees, relating to regulation of off-site hazardous waste facilities. The Affidavit of Publication is on ,file in the City Clerk's office. No communications :,were received. 'The Deputy City Manager/Development Services reviewed the Agenda Report dated May 11, 1992, and reported that the proposed ordinance is similar to the model County County ordinance. Responding to questions from Council, the Deputy City Manager stated that there are no appli- cations pending, and no one has shown interest in estab- lishing this type of facility. He also reported that the Local Assessment Committee which must be appointed by Council pursuant to Section 13-896 of the proposed ordinance, must be comprised of at least seven members, 'three from the surrounding community who would be 'affected by the hazardous waste facility, two from environmental groups, and two from other community groups. He suggested forming an ad hoc committee when .an application is received. There being no speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Buffa, seconded by Ordinance 92-11 Vice Mayor Genis, to take the following action: adopt Given First Reading; the Negative Declaration of Environmental Impact and Resolution 92-51 'De Minimis Findings; give first reading to Ordinance Adopted 92-11, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING ARTICLE 6 TO CHAPTER XIII OF TITLE 13 OF THE COSTA MESA MUNICIPAL CODE RELATING TO THE REGULATION OF OFF-SITE HAZARDOUS WASTE FACILITIES; and adopt Resolution 92-51, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTAB- LISHING A PLANNING DIVISION PROCESSING FEE FOR PROPOSED OFF-SITE HAZARDOUS WASTE FACILITIES. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None PUBLIC HEARING The City Clerk announced that this was the time and Abandonment at place set for the public hearing to consider vacating 18th and Newport public rights-of-way at the northwest corner of 18th Street -and Newport Boulevard (Parcel A). The Affi- davits of Publishing and Posting are on file in the City Clerk's office. No communications were received. The City Manager recommended modifying the resolution by.adding Paragraph 5 to the last page: The City Clerk is hereby instructed to withhold recording of this resolution with the Orange County Recorder until negotiations are concluded between the Costa Mesa Redevelopment Agency and the Teachers Retirement System for the State of Illinois regarding an easement for ingress and egress across'Parcel A'. There being no speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Erickson, seconded Resolution 92-52 by Council Member Humphrey, to adopt Resolution 92-52, Adopted A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA 307 MESA, CALIFORNIA, SUMMARILY VACATING PUBLIC RIGHTS-OF- WAY AT THE NORTHWEST CORNER OF 18TH STREET AND NEWPORT BOULEVARD, including the addition of Paragraph 5 as recommended by the City Manager. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None OLD BUSINESS The City Clerk presented from the meeting of May 4, Political Signs 1992, an ordinance amending Section 5-129 of the Costa Mesa Municipal Code relating to political signs. The City Attorney referred to his Report No. 92-25A and stated that pursuant to Council's request at the May 4 meeting, two paragraphs were added to the ordinance: "The written consent of owners, lessees, or occupants of real property prior to posting or placing political signs on private real property." "A limit on the aggregate coverage of all political signs on a single parcel of real property to five hundred (500) square feet of signage." The City Attorney also pointed out that the finding on Page 1 of the ordinance has been changed to read, " . . . and a study will be commenced estimating the actual cost of removal of the signs". In response to Vice Mayor'Genis's question, the City Attorney reported that the proposed ordinance allows a maximum of 500 square feet of signage in all zones. Considerable discussion ensued on sign content and other options for maximum square footage. The City Attorney provided information from the Sign Ordinance on which Council could base their decision for maximum square footage in each zone. James Foley, 2210 Newport Hills Drive East, Newport Beach, candidate for the 45th Congressional District, spoke under Oral Communications regarding the proposed ordinance, and indicated that even though he had no problem with the ordinance, he felt it would not be fair to enforce the ordinance prior to the June, 1992, primary election. He announced that he would not be posting any campaign signs in Costa Mesa in the interest of the environment. Mayor Hornbuckle commented that the ordinance would not affect the primary election. Larry Weichman, 1565 Scenic Avenue, Costa Mesa, was concerned about enforcement. He stated that the City has not been enforcing the real estate sign code and felt it was futile to adopt a political sign ordinance which cannot be enforced. Motion to Give A motion was made by Council Member Humphrey, seconded Ordinance First by Council Member Erickson:.to give first reading to Reading Failed the ordinance with the following modifications: allow to Carry a maximum of 200 square feet of signage on commercial property, and a maximum of 48 square feet on residential property. Vice Mayor Genis expressed concern about removal and theft of signs. After further discussion, Council Member Humphrey amended -his motion by adding that the reduced limit on signage is necessary to reduce clutter in both residential and cctmiercial areas as stated in Municipal Code Section 5-117. The amended motion was seconded by Council Member Erickson. Council Member Buffa opposed the motion .because he felt the 303 ordinance targets the wrong issues. Vice Mayor Genis and Mayor Hornbuckle indicated that they could not ;support the ordinance in its present form. The motion ,failed to carry 3-2, Council Members Hornbuckle, Genis, sand Buffa voting no. Mayor Hornbuckle suggested -placing this item on a Study Session after the 1992-93 Budget has been discussed. Council Member Council Member Buffa left the chambers and did not Buffa Left ,participate in the vote for the next item. OLD BUSINESS :The City Clerk presented from the meeting of May 4, 1992-93 CDBG 1992, a resolution authorizing fiscal year 1992-93 Application Community Development Block Grant (CDBG) Entitlement ,Funds Application submission to the United States ;Department of Housing and Urban Development. The City Manager reported that the resolution identifies the City Manager as the official representative to submit all necessary documents. MOTION On motion by Council Member Erickson, seconded by Resolution 92-53 ;Council Member Humphrey, Resolution 92-53, A RESOLUTION Adopted OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, AUTHORIZING FISCAL YEAR 1992-93 COMMUNITY 'DEVELOPMENT BLOCK GRANT ENTITLEMENT FUNDS APPLICATION SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, was adopted by the following roll call vote: AYES: Hornbuckle, Genis, Humphrey, Erickson NOES: None ABSENT: Buffa Council Member Buffa Returned Council.Member Buffa returned to the chambers. i Former Mayor Mayor Hornbuckle introduced former Mayor Norma Hertzog Recognized Wagner who was in the audience. OLD BUSINESS The City Clerk presented a request for Council direction Setting Priorities in prioritizing General Plan implementation projects. for General Plan Projects The Deputy City Manager/Development Services referred oto the Agenda Report dated May 12, 1992, which includes staff's recommendations for prioritizing 40 projects. ,He suggested that each Council Member rank the items on their copies of the chart and submit them to staff ;to process and bring back to Council for final approval. Vice Mayor Genis asked for clarification of Item 35, Community Rating System. Principal Planner J. Michael Robinson responded that it is a new provision that was ;incorporated into the Federal Flood Hazard Program and allows for the availability of lower flood insurance rates to affected members of the community. Vice Mayor Genis reported that she had added some extra items to the chart, such as, the zoning ordinance amendments complying with the General Plan; and investigating the feasibility of adopting an overcrowding ordinance. Mr. Robinson commented that the latter could be incorporated into Item 38, Dwelling Unit Definition. Jerry King, J. A. King and Associates, no address given; and Dorothy Vogel, no address given, both representing Bay Knolls residents, requested that Council act as ,soon as possible to consent to the removal of their community from the City of Costa Mesa's Sphere of 'Influence so that annexation to the City of Newport Beach could proceed. Mayor Hornbuckle commented that when these items come back to Council, she would like to discuss the Bay Knolls situation prior to addressing the other County islands. Council submitted their General Plan priority lists to the City Manager; no action was required. NEW BUSINESS The City Clerk presented a request from All-American All-American Boys Boys Chorus to revise the expenditure of its 1991-92 Chorus Cultural Arts grant. The City Manager referred to the Agenda Report from the Cultural Arts Committee dated May 7, 1992, recommending approval of a request to use the $2,500.00 grant for special voice instruction for a Christmas recording. The memo indicates that there was a problem securing a vocal coach to implement the original voice instruction program for which the grant was given. MOTION On motion by Council Member Buffa, seconded by Vice Approved Revised Mayor Genis, and carried 5-0, the revised expenditure Expenditure was approved. NEW BUSINESS The City Clerk presented a sublease agreement for the Senior Citizen Costa Mesa Senior Citizen Center and a resolution Center delegating authority to approve subleases. The City Manager reviewed the Agenda Report dated May 6, 1992, and reported that it is necessary to enter into sublease agreements with long-term tenants, and to enter into short-term rental agreements for those organizations or individuals who wish to use the facility for a short period of time. Mayor Hornbuckle announced that she and Council Member Humphrey are Council -appointed members of the Board of Directors of the Costa Mesa Senior Citizens Corporation for which no compensation is received, and based on this information, asked the City Attorney if it would be a conflict of interest if they voted on this item. It was the City Attorney's opinion that no conflict exists. MOTION . On motion by Council Member Buffa, seconded by Council Resolution 92-54 Member Humphrey, Resolution 92-54, A RESOLUTION OF THE Adopted/Delegated CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Authority to DELEGATING AUTHORITY TO APPROVE SUBLEASE AGREEMENTS FOR Approve Sublease THE COSTA MESA SENIOR CITIZEN CENTER, was adopted by the Agreements following roll call. vote:. AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None NEW BUSINESS The City Clerk presented recommendations for allocation Advertising and of Advertising and Promotional funds. The City Manager Promotional Grants reported that Vice Mayor Genis and Council Member Buffa sat on the subcommittee and their recommendations are attached to the Agenda Report dated May 14, 1992. Council Member Buffa had no additional comments on the recommendations he submitted. Vice Mayor Genis had some philosophical problems with this program because she felt it was inappropriate for government to be fund- ing some of these requests. She was concerned about the lack of data on some applications in regard to how the money was being spent. The Vice Mayor also elaborated on the comments she made in her recommendation (Attach- ment A-1) concerning ineligible applicants and require- ments of Council Policy 000-5 regarding matching funds. Council Member Humphrey recommended that funds for Grad Night at Estancia and Costa Mesa high schools, and funds for the Costa Mesa parade float be transferred from this program to the City's annual budget as regular items. The City Manager reported that the transfer could be made for the 1992-93 budget. Council Member Erickson commented that Costa Mesa children also attend Newport Harbor High School, and it may be a good idea to contribute to that school's Grad Night. Larry Weichman, 1565 Scenic Avenue, Costa Mesa, reported that the Costa Mesa Grand Prix has been a recipient of these funds for the past two years, and because of the City's support, it is well known throughout the country. ;The following persons spoke in support of granting the ;'request for $11,000.00 from "Taste of Costa Mesa", asserting that the City would recover this amount, and probably much more, in tax revenues: Ed Fawcett, 18112 Lillian Way, Tustin; Jim deBoom, 1835 Newport Boulevard, 'Suite E-270, Costa Mesa; and Kim Kasell, 3057 Yukon Avenue, Costa Mesa. Lee Heinz, Executive Director of the Costa Mesa Chamber of Commerce, 1835 Newport Boulevard, Suite E-270, Costa ,Mesa, spoke in support of continuing the Advertising and 'Promotional Program. MOTION A motion was made by Council Member Buffa, seconded by Approved Funds for Council Member Humphrey, approving funds for the follow- Kiwanis, Tall Flags, ing programs: Kiwanis Basketball, $200.00; Tall Flags, Figure Skating, $2,000.00; Figure Skating, $3,000.00; Japan Karate, Japan Karate, and $2,000.00; and the Cop Bowl Program Ad, $200.00. The Cop Bowl Ad motion carried 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 Funds for by Council Member Buffa, approving funds for the Estancia Grad following programs: Estancia High School Grad Night, Night, Costa Mesa $3,500.00; Costa Mesa High School Grad Night, $3,500.00; Grad Night, and and Costa Mesa Fish Fry Float, $5,000.00. The motion Fish Fry Float carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Motion to Fund Council Member Buffa made a motion to approve $1,500.00 Assistance League for the Assistance League. The motion died for lack of Died a second. MOTION On motion by Council Member Buffa, seconded Council Approved Funds for Member Erickson, $5,000.00 was allocated to American AYSO Youth Soccer Organization (AYSO). The motion carried 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 Funds for by Council Member Erickson, to allocate $5,000.00 to Rotary Club the Rotary Club Fireworks Show. Vice Mayor Genis asked Fireworks Show if these funds would be taken from money the Rotary Club had left over from last year's show, and asked for ;specifics on how the funds would be spent. Council Member Humphrey replied that the money shall be used to purchase fireworks and to pay the costs for staging the show. �.. 81 i AMENDED MOTION Council Member Humphrey amended his motion by reducing Reduced Rotary Club the allocation to $3,750.00, and directing that for this Funds; Requested organization and all others to follow, an accounting Accounting of shall be submitted on how the money was spent. The Expenditures amended motion was seconded by Council Member Erickson, and carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None MOTION A motion was made.by Council Member Buffa, seconded by Approved Funds for Mayor Hornbuckle, to allocate $4,000.00 to "Taste of "Taste of Costa Costa Mesa". Vice Mayor Genis opposed the motion based Mesa" on a Council Policy that an organization shall receive only one grant in a fiscal year; in addition, since this organizationapparently.broke even on their recent event, there was no reason to grant any funds. Jim deBoom responded that they need $11,000.00 to break even; however, they will suffer a loss if only $4,000.00 is allocated. The motion to grant $4,000.00 carried by the following roll call vote.: AYES: Hornbuckle, Buffa, Humphrey, Erickson NOES: Genis ABSENT: None MOTION Council Member Buffa made a motion to allocate $2,000.00 Approved Funds for for the Cop Bowl Game, and $800.00 to the Estancia Golf - Cop Bowl Game and Tournament. The motion was seconded by Council Member Estancia Golf Humphrey, and carried by the following roll call vote: Tournament AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None MOTION A.motion was made by Council Member Buffa, seconded by Approved Funds for Council Member Humphrey, to allocate $500.00 to the Reading Program College Park School Reading Program. Vice Mayor Genis opposed the motion because the City has already given a grant this year. Council Member Erickson concurred with the Vice Mayor's comment. The motion carried by the following roll call vote: AYES: Hornbuckle, Buffa, Humphrey NOES: Genis, Erickson ABSENT: None MOTION On motion by Council Member Humphrey, seconded by Approved Funds for Council Member Erickson, $1,000.00 was allocated to the Model Engineers Model Engineers for equipment use, with documentation of matching funds. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey,.Erickson NOES: None ABSENT: None Motion to Allocate Council Member Buffa made a motion to allocate $1,000.00 Funds for Great for the Great Race sponsored by both the Chamber of Race Died. Commerce and South Coast Metro. The motion died for lack of a second. MOTION On motion by Council Member Erickson, seconded by Approved Funds for Council Member Humphrey, $3,000.00 was approved for Historical Society the Historical Society. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None 1312 MOTION Approved Funds for South Coast Metro Alliance . MOTION Approved Funds for Leadership Tomorrow .A motion was made by Vice Mayor Genis, seconded by Council Member Humphrey, to allocate an amount not to exceed $1,000.00 for South Coast Metro advertising for a one -quarter -page ad. The motion carried by the !following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None A motion was made by Council Member Buffa, seconded by Mayor Hornbuckle, to allocate $1,000.00 to Leadership Tomorrow. Discussion ensued on the merits and high 'cost of the program. Laura Collier, 961'Joann Street, Costa Mesa, Leadership 'Tomorrow student, urged Council to approve the funds. A substitute motion by Council Member Humphrey to reduce the allocation to $500.00 died for lack of a second. The original motion to allocate $1,000.00 carried by the following roll call vote: AYES: Hornbuckle, Buffa, Erickson NOES: Genis, Humphrey ABSENT: None MOTION/Authorized Mayor Hornbuckle made a motion authorizing transfer Remaining Funds of remaining funds to the Legal Defense Account. The Transferred to Legal motion was seconded by Council Member Humphrey, and Defense Account carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None CITY ATTORNEY The City Attorney requested a closed session pursuant REPORTS to Government Code Section 54956.9(a) to discuss the Request for Closed following lawsuits: Green v. Amburgey, et al., Orange Session: Green, County Superior Court Case No. 63-93-04; Costa Mesa v. Phillips, and Harris Phillips, Orange County Superior Court Case No. 58-71- ,92; and Harris v. City of Costa Mesa, Orange County Superior Court Case No. 66-88-75. Brockhoft Lawsuit At the,request of the City Attorney, the following Removed from Agenda item was removed from the Agenda: Brockhoft v. Officer Robert Fate and Sgt. Neil Leveratt, United States District Court Case No. CV 91-2503 JSL (sx). Mayor Hornbuckle asked if there were any public comments on the closed session items. Harris Lawsuit The following Costa Mesa citizens urged Council to main- tain its position of denying an accessory apartment to be constructed over a garage at 439 Flower Street: Bob Temple, 429 Flower Street, Costa Mesa; and Barbara Jencks, 443 Flower Street, Costa Mesa. Cheryl Laidlaw, 222 Fairway Place, Costa Mesa, objected to Council spending any more money on this lawsuit. She stated that no one has benefitted by the denial of the Harris permit except the lawyers involved. COUNCIL MEMBERS Council Member Erickson announced that at the Transpor- COMMENTS tation Alternative Study Committee meeting on May 21, 1992, an address will be given by the developer of the Transportation West Newport Oil project; and the committee will be Alternative Study reviewing the new scope of work which will be consid- Committee ered by the Board of Supervisors on June 2, 1992. 1 1 SOS Medical Facility Council Member Humphrey reported that he has been at Rea Center 'attempting to obtain information on the use of the former SOS medical facility located at Rea Center. He recommended that it be used for programs such as day care, tutoring, or gang intervention. Mayor Hornbuckle commented that it was her understanding that the Newport-Mesa"School District is proceeding with a grant application to use the facility for programs similar to those recommended by Council Member Humphrey. Scottish Festival Mayor Hornbuckle announced that�the Scottish Festival will be held this weekend at the Fairgrounds. Sister City Vice Mayor Genis mentioned that John De Witt expressed Program interest in the Sister City Program and indicated that he would like some direction from Council. She recom- mended placing this item on a Study Session agenda as soon as possible. Mayor Hornbuckle reported that at her request, the City Manager's staff already forwarded information to Mr. De Witt. Memorial Day Mayor Hornbuckle announced that the local veterans group Ceremony has planned a Memorial Day ceremony at Harbor Lawn Cemetery; and a recognition program will be held at the County offices in Santa Ana at 5:00 p.m. ADJOURNMENT TO At 10:55 p.m., the Mayor -adjourned the meeting to a CLOSED SESSION closed session in the first floor Conference Room to discuss the three items referenced by the City Attorney. MEETING RECONVENED At 11:40 p.m., the Mayor reconvened the regular meeting and the following announcement was made regarding the Green, Phillips, and Harris lawsuits. Green Lawsuit In regard to Green v. Amburgey, et al., Orange''County Superior Court Case No. 63-93-04, Council voted 5-0 MOTION/Approved to approve a budget adjustment to offset $150,000.00 Budget Adjustment in legal expenses, with $125,000.00 to be taken from for Legal Expenses the Golf Course Enterprise Fund, and $25,000.00 from the Advertising and'Promotional Account. Phillips Lawsuit By.a vote of 5-0, Council approved settlement of City of Costa Mesa v. Phillips, Orange County Superior Court MOTION Case No. 58-71-92, in accordance with the recommendation Settlement contained in a letter from the City's outside counsel Authorized dated May 12, 1992, -and stipulating that the money shall be taken from the Victoria Street Bond Fund. Harris Lawsuit In the matter of Harris v. City of Costa Mesa, Orange County Superior Court Case No. 66-88-75, Council received a confidential report from the City Attorney. No action was taken. ADJOURNMENT The Mayor declared the meeting adjourned at 11:45 p.m. _Aaw, of 1�7"UI Mayor the City of Costa Mesa ATTEST: �L.CILQ.�ti.J City Clerk of the City of Costa esa