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HomeMy WebLinkAbout06/01/1992 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JUNE 1, 1992 The City Council of the City of Costa Mesa, California, met in regular session June 1, 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 Vice Mayor Sandra Genis. ROLL CALL i 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: Officials Present: None City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Develop- ment Services Donald Lamm Public Services Director William Morris City Clerk Eileen Phinney Redevelopment At the request of Mayor Hornbuckle, a special meeting of the Costa Agency Meeting Mesa Redevelopment Agency was called to order by Agency Called to Order Chairman Buffa for. the purpose of considering an item which requires both Council and Agency action. Roll Call Agency Members Present: Chairman Peter Buffa Vice Chairman Jay Humphrey Agency Member Mary Hornbuckle Agency Member Sandra Genis Agency Member Joe Erickson The Clerk of the Agency announced that the Redevelopment Agency Agenda was posted at the Council Chambers and the Costa Mesa Police Department on Friday, May 29, 1992, and mailed to the appropriate newspapers. On motion by Agency Member Hornbuckle, seconded by Agency Member Erickson, and carried 5-0, the minutes of the regular Agency meeting of May 13, 1992, were approved as distributed. Chairman Buffa announced that Redevelopment Action RA -92-04 would be trailed until later in the evening. Council Meeting Mayor Hornbuckle reconvened the Council meeting and requested Reconvened a motion on the minutes of May 18, 1992. MINUTES On motion by Council Member Buffa, seconded by Council Member May 18, 1992 Erickson, and carried 5-0, the minutes, of the regular meeting of May 18, 1992, were approved. ORDINANCES A motion was made by Council Member Buffa,--seconded by Council Member Erickson, and carried 5-0, to read all ordinances by title only. -x'315 Trophy Presented Mayor Hornbuckle reported that the City float won a second -place to City trophy in the Garden Grove Strawberry Festival Parade. PRESENTATION Mayor Hornbuckle announced that she would be presenting the 1991 - Cultural Arts 92 Cultural Arts Education Awards and Council Member Humphrey Awards would announce the winners. Recipients of the awards were James Kerrigan, Vice President of Finance, PDA Engineering, Business Education Award; John and Donna Crean, Citizen/Volunteer Education Award; Loretta Robinson, TeWinkle Middle School, Educator Award; Ellen Butler, Costa Mesa High School, Educator Award; and Barbara Van Holt, Estancia High School, Educator Award. Pupils earning Student Awards were Amy Decker, Bonnie Wylie, and Joanna Manczyk, TeWinkle Middle School; Miranda Arellano, Jennifer Tierney, Jon Carlew, and Minh Nguyen, Costa Mesa High School; and Stephanie Burden, Jorge Rubino, and Irma Cruz, Estancia High School. s Continued Items Mayor Hornbuckle announced that four items would be continued to future Council meetings: Public Hearing No. 1, Appeal of C-32-67 and Planning Action PA -88434, Nabers Buick; Public Hearing No. 3, Council Review of Planning Action PA -92-32, Lowe/Pirih/Logan; New Business No. 2, Parks, Recreation, and Open Space Master Plan; and New Business No. 4, Costa Mesa Community Facilities District No. 92-1, Metro Pointe. ORAL Page Costa, 358 Princeton Drive, Costa Mesa, partner in an COMMUNICA- automotive repair business at 2470 Newport Boulevard, spoke about TIONS the impact of the recently adopted General Plan's trip count budget which makes it economically impossible for him to remodel the site. General Plan Mayor Hornbuckle suggested that Mr. Costa attend the Council Trip Budgets Study Session scheduled for June 8, 1992, at 4:00 p.m., 'at which time the trip budget will be discussed. Vice Mayor Genis recommended that Mr. Costa submit his written comments now or at the Study Session. East Side Bob Hoffman, 360 East 19th Street, Costa Mesa, President of the Traffic East Side Homeowners Association, read a letter from the Association which requests Council to initiate mitigation measures to limit traffic to the east side residential neighborhood resulting from the completion of the 55 Freeway which ends at East 19th Street. He submitted a copy of the letter to the City Clerk. Use of School Dick Mehren, 1824 Kinglet Court, Costa Mesa, referred to the Facilities Parks, Recreation and Open Space Master Plan (New Business No. 3 on the Agenda), and emphasized the importance of Council impressing upon the Newport -Mesa Unified School District Board, the need for joint use of School District facilities. The City Manager confirmed that meetings with the District have been ongoing. Soffer Comments Sid Soffer, 900 Arbor Street, Costa Mesa, reported that he filed many complaints with the City regarding buildings for which there are no permits, including the Police Substation on West 18th. He commented that he may go to jail for not having permits, yet there are many properties in the City without permits on file. Harris Lawsuit David Thompson, 744 Wingate Bay, Costa Mesa, referred to the Harris Lawsuit regarding construction of an accessory apartment at 439 Flower Street (ZA-91-06). He read a letter dated May 27, 1992, signed by 96 residents who support approval of the application, and requesting that no more tax dollars be spent on the lawsuit. Nancy Palme, 1997 Kornat Drive, Costa Mesa, reported that the Mesa Verde Homeowners Association are opposed to the project. i Primary Election Nancy Palme reported that Costa Mesa residents have been receiving phone calls in which 'derogatory and despicable charges were made against Mayor Hornbuckle and Council Member Buffa who are j candidates in the June 2, 1992, primary election. Announcement Mayor Hornbuckle announced that the D.A.R.E. Fair will be held D.A.R.E. Fair on June 4, 1992, at the Pacific Amphitheater. CONSENT j On motion by Council Member Buffa, seconded by Council Member CALENDAR Humphrey, all Consent Calendar items were approved in one motion by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None READING FOLDER On motion by Council Member Buffa, seconded by Council Member Humphrey, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims 'received by the City Clerk: Peter Ebus; Ruth Porter; and Mary Kriss Wilson. Alcoholic Alcoholic Beverage Licenses for which parking has been approved Beverage by the Planning staff: Beverly Heritage Hotel, 3350 Avenue of Licenses ! the Arts; Smart & Final Stores, doing business at 707 West 19th Street; and Elf Enterprises, Incorporated, doing business as Sub - Station II, 320 Bristol Street, Suite "A". Public Utilities Notices of applications received by the Public Utilities Commission Commission: Application No. 92-05-013 from Southern California Edison Company, for authority to increase the rate of return on common equity, adjust its capital structure, adjust cost factors for certain stocks, and obtain related relief. Application Nos. , 92-05-014 and 92-05-017 from Southern California Gas Company, for authority to increase rates. BUSINESS PERMIT Notice of Intention to Appeal or Solicit for Charitable Purpose was Jewish War Veterans received from Jewish War Veterans - Harry Hoff Post 595, 851 Presidio Drive, Costa Mesa, by soliciting funds from June 5 to MOTION October 15, 1992. On motion by Council Member Buffa, seconded Permit Approved by Council Member Humphrey, and carried 5-0, the permit was approved with application of Municipal Code Section 9-127(d). On motion by Council Member Buffa, seconded by Council Member MOTION Humphrey, Warrant Resolution 1521, including Payroll 9211, was Warrant 1521 approved by the following roll call vote: Approved AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None ADMINISTRATIVE Bids received for Golf Course Cart Paths (Los Lagos), Project 92 - ACTIONS 05, are on file in the City Clerk's office. On motion by Council Member Buffa, seconded by Council Member Humphrey, the 1 Golf Cart Paths, Project 92-05 MOTION Awarded to Los Angeles Engineering Traffic Signals on Placentia; Estancia Parking Lot Improve- ments, Project 92-04 MOTION Awarded to Excel Paving Final Map for Tract 14348 Lloyd Miles MOTION Map Approved py '317 contract was awarded to Los Angeles Engineering, Incorporated, Post Office Box 1606, Baldwin Park, for $141,256.96. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Bids received for Traffic Signals and Safety Lighting at Placentia Avenue and the New Corporation Yard Entrance; and Parking Lot Improvements at Estancia High School, Project 92-04, are on file in the City Clerk's office. On motion by Council Member Buffa, seconded by Council Member Humphrey, the contract was awarded to Excel Paving, Company, 2230 Lemon Avenue, Long Beach, for $195,480.50. The motion carried by the following roll call vote: AYES:' Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None The Final Map was presented for Tract 14348, 8 lots, 0.486 -acre, located at 380 and 386. East 15th Street, for residential condominiums; Lloyd Miles Development, Incorporated, developer, 423 Poppy Avenue, Corona del Mar. On motion by Council Member Buffa, seconded by 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 City, the ingress and egress easement over Lot "A" for emergency and security vehicle purposes as dedicated; and the City Clerk was authorized to sign the map on behalf of the City. Final Map for The Final Map was presented for Tract 14444, 1 lot, 0.462 -acre, Tract 14444 located at 2426 Elden Avenue, for residential condominiums; Rodney Brown Rodney Brown, developer, 177-F Riverside Drive, Newport Beach. On motion by Council Member Buffa, seconded by Council Member MOTION Humphrey, and carried. 5-0, the map was approved; Council did Map Approved accept on behalf of the City, the three-foot public utility and sidewalk easement as dedicated, and the ingress/egress easement over Lot 1 for emergency and security vehicle purposes as shown on said map; and the City Clerk was authorized to sign the map on behalf of the City. Notice of Completion Corporation Yard Improvements, Phase I, Wash Rack Area, Project Atlas Allied 91-14, have been completed to the satisfaction of the Public Services Director by Atlas Allied, Incorporated, 1210 North Las Brisas, Corporation Yard Anaheim. On motion by Council Member Buffa, seconded by Improvements, Council Member Humphrey, the work was accepted; the City Clerk Project 91-14 was authorized to file a Notice of Completion; authorization was given to release retention funds 35 days thereafter; the Labor and MOTION Material Bond was ordered exonerated 7 months thereafter; and the Work Accepted Performance Bond was ordered exonerated 12 months thereafter. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Agreement with BSI The Public Services Director recommended approval of an Consultants agreement with BSI Consultants, Incorporated, 2001 East First Street, Santa Ana, for $30,166.00, to design roadway improvements r� `,f318 Newport/18th at the intersection of Newport Boulevard and 18th Street, adjacent Roadway to the Parcel "A" development project. On motion by Council Improvements Member Buffa, seconded by Council Member Humphrey, the agreement was approved, and the Mayor and City Clerk were MOTION authorized to sign on behalf of the City. The motion carried by the Agreement Approved following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES:. None ABSENT: None D.A.R.E. Fair Staff recommended approval of a mutual indemnity agreement Agreement I between the City of Costa Mesa, the City of Newport Beach, and the Newport -Mesa Unified School District, for the D.A.R.E. Fair MOTION to be held June 4, 1992, at the Pacific Amphitheater. On motion by Agreement Approved Council Member Buffa, seconded by Council Member Humphrey, the agreement was approved, and the Mayor and City Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Bid Item 852 Staff recommended renewal of annual contracts for Bid Item 852, Temporary Personnel Temporary Personnel Services, for Kelly Temporary Services, 5 Services Park Plaza, Suite 1280, Irvine; Thomas Temporaries, 3151 Airway Avenue, Suite H-2, Costa Mesa; and Apple One, 3940 South Bristol MOTION Street, Suite 208, Santa Ana. On motion by Council Member Buffa, Contract Renewals seconded by Council Member Humphrey, contract renewals were Approved approved by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Hazardous Materials The Fire Chief recommended approval of the Hazardous Materials JPA Agreement with Emergency Response Joint Powers Authority Subscription Orange County Agreement with the County of Orange for fiscal year 1992-93. On motion by Council Member Buffa, seconded by Council Member MOTION ! Humphrey, the agreement was approved, and the Mayor was Agreement Approved 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 i ABSENT: None Permit Parking on ! Staff recommended establishment of a permit parking restriction on Princeton Drive Princeton Drive from Harbor Boulevard to 432 Princeton Drive. On motion . by Council Member Buffa, seconded by Council Member MOTION Humphrey, Resolution 92-55, A RESOLUTION OF THE CITY Resolution 92-55 COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted PROHIBITING PARKING ON A PORTION OF PRINCETON DRIVE WITHOUT A PARKING PERMIT, was adopted by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None 11 Permit Parking on Staff recommended establishment of a permit parking restriction on Carnegie Avenue Carnegie Avenue from Princeton Drive to Swarthmore Lane. On motion by Council Member Buffa, seconded by Council Member MOTION Humphrey, Resolution 92-56, A RESOLUTION OF THE CITY Resolution 92-56 COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted PROHIBITING PARKING ON A PORTION OF CARNEGIE AVENUE WITHOUT A PARKING PERMIT, was adopted by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None PUBLIC HEARING The City Clerk announced the public hearing, continued from the C-32-67 and meeting of May 18, 1992, to consider an appeal of the Planning PA-88-134/Nabers Commission's conditions for C-32-67 and Planning Action PA -88 - Buick 134 from Bob Hansen and Dick Nabers, Nabers Buick, for a Conditional Use Permit for construction and operation of a new car MOTION agency, and a Conditional Use Permit to allow expansion of an auto Continued to dealership, with a variance from side setback requirements for June 15, 1992 property at 2600 Harbor Boulevard in a C1 zone. Environmental Determination: Negative Declaration. Staff recommended that the public hearing be continued to allow more time for the applicant and neighbors to discuss alternative solutions. On motion by Council Member Humphrey, seconded by Council Member Buffa, and carried 5-0, the public hearing was continued to June 15, 1992. PUBLIC HEARING The City Clerk announced that this was time and place set for the R-92-02 public hearing for Rezone Petition R-92-02, Pacific Building Pacific Building Concepts, 18102 Sky Park South, Suite A-1, Irvine, authorized agent Concepts/Stuart for John 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. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Deputy City Manager/Development Services summarized staff s Agenda Report dated May 26, 1992. The Agenda Report indicates that combining the lots and implementing the rezone would permit a higher density (maximum of 11 units) but would not exceed the maximum density allowed on the properties per the General Plan. Craig Hampton, Pacific Building Concepts, spoke in support of the request and answered questions from Council regarding the zoning for surrounding properties. There being no other speakers, the Mayor closed the public hearing. Motion to Give A motion was made by Council Member Buffa, seconded by Mayor Ordinance First Hornbuckle, to adopt the Negative Declaration of Environmental Reading Failed to Impact and the De Minimis Finding; and to give first reading to an Carry ordinance changing the zoning to R3. Council Member Erickson and Vice Mayor Genis opposed the higher density, one reason being that the subject site has R2 properties adjacent to it. The motion failed to carry 3-2, Council Members Genis, Humphrey, and Erickson voting no. PUBLIC HEARING The Mayor announced that a request was received to continue the PA -92-32 following public hearing: Lowe/Pirih/Logan Council review of the Planning Commission's decision for Planning Action PA -92-32, Jere W. Lowe, 741 West Baker Street, Costa 4 A20 Mesa, authorized agent for Boris Pirih and Jacob Logar, 714 La Cresta, Anaheim. The Planning Commission approved a Conditional Use Permit to allow a bar within 200 feet of residentially zoned property to expand into the adjacent 774 -square - foot suite; and denied a request to enclose a 132 -square -foot portico at 741 Baker Street in a Cl zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the City Clerk's office. No communications were received. MOTION On motion by Council Member Buffa, seconded by Council Member Continued to j Humphrey, and carried 5-0, the public hearing was continued to June 15, 1992; June 15, 1992, and staff was directed to place the trip budget Trip Budget Referred implementation item on the Agenda for the regular Council Study to Study Session on Session scheduled for June 8, 1992, at 4:00 p.m., in the fifth floor June 8, 1992 Conference Room of City Hall. Jere Lowe, authorized agent for the property owners, asked if the "200 feet from residentially zoned property" is measured from property line to property line. The Deputy City Manager responded affirmatively. PUBLIC HEARING PA -92-37 Howenstine/ Abrams Development The City Clerk announced that this was the time and place set for the public hearing to consider an appeal of the Planning Commission's decision for Planning Action PA -92-37 from John Howenstine, 3188-J Airway Avenue, Costa Mesa, authorized agent for Abrams Development Company, 15751 Rockfield Boulevard, Irvine, for a Planned Signing Program at a new commercial center located at 2902 Red Hill Avenue in a C1 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the City Clerk's office. No communications were received. The Deputy City Manager/Development Services reviewed staff's Agenda Report dated May 26, 1992. The report states that the original request includes a pole sign for the gas station on the easternmost point of the property which is 25 feet high and 70 square feet in area; however, the Planned Signing Program only allows a sign 40 feet in area, with a maximum height of 7 feet above grade (the level of the nearest sidewalk). John Howenstine and Marie Johnson, of John Howenstine, Incorporated, spoke at length about the need for the easternmost sign to be greater in area and height for better identification. Council Member Erickson reported that at the time this project came before the Planning Commission, the applicant made assurances that a sign variance would not be required. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made, by Council Member Erickson, seconded by Upheld Planning Council Member Humphrey, to uphold the Planning Commission's Commission's decision for Planning Action PA -92-37. The motion carried 4-1, Decision Council Member Buffa voting no. Agency Meeting Mayor Hornbuckle adjourned the Council meeting; and Agency Reconvened Chairman Buffa reconvened the Redevelopment Agency meeting. RA-92-04/PA-92-38/ The Agency Clerk presented Redevelopment Action RA -92-04 Parcel Map 5-92-153 (Planning Action PA -92-38 - Tentative Parcel Map S-92-153), Costa Redevelopment Mesa Redevelopment Agency, for Planning Development Review of Agency ! a 5,195 -square -foot dental building, with a Conditional Use Permit for off-site parking and access, a Parcel Map to split Parcel "A" into two parcels, and, Redevelopment Agency review, for property at 1801 Newport Boulevard in a C2 zone (PDC pending). Council Member Agency Member Humphrey announced that he would abstain from Humphrey Left voting on the items concerning Parcel "A". He left the Council Chambers at 7:55 p.m. Muriel Berman, Redevelopment Project Manager, reported that after several members of the Agency expressed some concern about the design of the dental building, a subcommittee was designated and the dentists' architect provided several alternatives. She advised Council that at a meeting held earlier in the evening, the Planning Commission selected Alternative "E". Vice Mayor Genis noted that Alternatives "D" and "E" are very similar and asked if the dentists had a preference., Dr. Jerry McClellan, 601 West 19th Street, Costa Mesa, responded, that even though both alternatives are attractive, MOTION Alternative "E" provides more flexible parking and privacy. A RA -92-04, Alterna- motion was made by Agency Member Erickson, seconded by tive "E", Approved Agency Member Hornbuckle, to adopt the Negative Declaration of Environmental Impact and De Minimis Finding, and to approve Redevelopment Action RA -92-04, Alternative "E", subject to conditions. The motion carried 4-0, Agency Member Humphrey absent. Agency Executive Director Allan Roeder expressed his appreciation to Agency Members Genis and Erickson for helping to get the design issue completed in such a rapid fashion. Agency Member Erickson asked if the City could expedite the plan check in order to meet the deadline of April, 1993. The Deputy City Manager/Development Services responded that it will be done on time. Council Meeting Agency Chairman Buffa adjourned the special Redevelopment Reconvened Agency meeting at 8:00 p.m., and thereafter, Mayor Hornbuckle reconvened the City Council meeting. - PUBLIC HEARING The City Clerk announced that this was the time and place set for PA -92-38 the public hearing to consider Planning Action PA -92-38 and Redevelopment Tentative Parcel Map 5-92-153, Costa Mesa Redevelopment Agency Agency, for a Planned Development Review of a 5,195 -square -foot dental building, with a Conditional Use Permit for off-site parking and access; and a parcel map to split Parcel "A" into two parcels, located at 1801 Newport Boulevard in a C2 zone (PDC zone pending). Environmental Determination: Negative Declaration. The Affidavit of Mailing is on file in the City Clerk's office. No communications were received. There being no speakers, the Mayor closed the public hearing. MOTION On,motion by Vice Mayor Genis, seconded by Council Member PA -92-38, Erickson, and carried 4-0, Council Member Humphrey absent, the Alternative -"E", Negative Declaration of Environmental Impact and De Minimis Approved Finding were adopted; and Planning Action PA -92-38, Alternative "E", was approved subject to conditions. The Deputy City Manager reported that the Tentative Parcel Map was approved by the Planning Commission and no action was required by Council. PUBLIC HEARINGS The City Clerk announced that this was the time and place set for Landscaping Assess- the public hearings to consider levying an assessment for fiscal year ment Districts 1 1992-93 in Landscaping Assessment District No. 1, Tracts 9901 and and 2 12011, located south of Sunflower Avenue and east of Smalley Road; and Landscaping Assessment District No. 2, Tract 10513, located at the northwest corner of Bear Street and the Corona del Mar Freeway. The Affidavits of Publishing are on file in the City Clerk's office. No communications were received. There being no speakers, the Mayor closed the public hearing. MOTION j A motion was made by Council Member Buffa, seconded by Council Resolutions 92-57 Member Erickson, to, adopt the following resolutions: and 92-58 Adopted Resolution 92-57, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, LEVYING AN ASSESSMENT FOR FISCAL YEAR 1992-93 WITHIN CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT NUMBER ONE; and Resolution 92-58, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, LEVYING AN ASSESSMENT FOR' FISCAL YEAR 1992-93 WITHIN CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT NUMBER TWO. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Erickson NOES: None ABSENT: Humphrey Council Member Council Member Humphrey returned to the Council Chambers at Humphrey Returned 8:05 p.m. OLD BUSINESS The City Clerk presented Ordinance 92-10 for second reading and R-92-01 1 adoption in connection with Rezone Petition R-92-01, Costa Mesa Redevelopment Redevelopment Agency. Responding to a question from Council Agency Member Humphrey; the Deputy City Manager/Development Services reported that this property eventually would have been rezoned with or without the dental building because the C2 zone is MOTION not compatible with the General Plan designation. On motion by Ordinance 92-10 Council Member Erickson, seconded by Council Member Buffa, Adopted Ordinance 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 second reading and adopted by the following roll call vote: AYES: Hombuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None OLD BUSINESS The City Clerk presented for second reading and adoption, Off-site Hazardous Ordinance 92-11 which regulates off-site hazardous waste facilities. Waste Facilities On motion by Council Member Humphrey, seconded by Council Member Erickson, Ordinance 92-11, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, MOTION CALIFORNIA, ADDING ARTICLE 6 TO CHAPTER XIII OF Ordinance 92-11 TITLE 13 OF THE COSTA MESA MUNICIPAL CODE Adopted RELATING TO THE REGULATION OF OFF-SITE HAZARDOUS WASTE FACILITIES, 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 the General Plan Implementation Project General Plan and work program which is based on the priorities submitted by the Priorities City Council at its meeting of May 18, 1992. The Deputy City Manager/Development Services reported that staff will proceed per the subject schedule and provide progress reports to Council. In response to a question from Mayor Hornbuckle regarding the Bay Knolls Homeowners Association's request to annex to the City of Newport Beach, the Deputy City Manager reported that expediting this project would not interfere with the General Plan priorities. Responding to Council Member Humphrey's question on trip fees, the Deputy CityManager stated that only trip fees for North Costa Mesa can be collected until the Citywide Trip Fee Project is completed. Jerry King, representing the Bay Knolls residents, thanked Council for expediting their request. Report Received Council received and filed the priority report and directed staff to and Filed proceed. NEW BUSINESS The City Clerk presented a request from Team Orange County Costa Mesa Grand Cycling for street closures and waiver of police fees for the third Prix annual Costa Mesa Grand Prix bicycle event to be held June 28, 1992. The City Manager referred to his Agenda Report dated May 281 1992, noting that the police fees are estimated at $2,500.00. Amy Zanaboni, 626 .North Grand Street, Orange, Race Director, clarified that the $1,500.00 grant received last year was not retroactive. She reported that last year, a $2,000.00 grant was received and police fees waived. She thanked Council for the $1,500.00 grant, and requested waiver of police fees which she estimated would be $2,800.00. MOTION A motion was made by Council Member Erickson, seconded by Street Closures Council Member Humphrey, and carried 5-0, approving the street Approved closures (Sunflower, Cadillac, Scenic, and Hyland Avenues). Council Member Erickson commented that the City can no longer afford to MOTION waive the fees for these types of events.On motion by Council Denied Waiver of Member Erickson, seconded by Council Member Humphrey, and Police Fees carried 5-0, the request to waive police fees was denied. Council Member Humphrey recommended that a policy be established on this issue. NEW BUSINESS The City Clerk presented the Parks, Recreation and Open Space Parks, Recreation Master Plan. A motion was made by Council Member Humphrey, and Open Space seconded by Council Member Buffa, to continue this item for 30 Master Plan days. After the following discussion, the motion carried 5-0. MOTION Vice Mayor Genis announced that she had a number of comments Continued to regarding the Master Plan. She was distressed with the plan as July 6, 1992 presented and felt that the preparers were unaware of recreation and open space policies which Council adopted in the comprehensive General Plan. The Vice Mayor was particularly concerned about the means of attaining open space, stating that it appeared that preparers of the plan felt that the open space to population ratio is something �4 to be evaded as opposed to something that is to be attained. She ;commented that use of School District sites is merely a quick fix; !although she believed the City should take advantage of every school site available' at this time. She was exceedingly disappointed that no long-range planning for additional acquisitions was included in the plan. Vice Mayor Genis stated that the plan does notice an 'inadequate number of neighborhood parks but it does not address ;fulfilling that inadequacy. She mentioned that there was a policy in 'the General Plan to seek to maintain the existing ratio of park land !to population. She pointed out that previous General Plans had a 'goal to have a ratio of four acres per thousand residents which compared favorably with other cities because many cities had approximately four to five acres per thousand; however, Costa Mesa counted 1-1/2 acres of City golf fields in that ratio whereas the other cities did not; therefore, those cities had six to seven acres per ;thousand residents while Costa Mesa had four acres per thousand. ,She stated that during discussions of the General Plan, many Council Members indicated that they would like to see that ratio increased; i so the preparers of the plan took the existing ratio, not including the schools that were already there, and said, at build -out, include the schools that are there and that will make the ratio higher. She did not agree with that reasoning. Vice Mayor Genis commented that she had hoped for moie creativity, and encouraged staff to listen to the tapes of the General Plan meetings at which these policies were discussed. The Vice Mayor felt it was inappropriate to rely strictly on the use of school sites because the City has no control over those properties. She wanted a contingency plan formulated in the event the School District should some day tell the City that the school sites were no longer available. Mayor Hornbuckle' recommended that Council submit their comments to staff in writing so that they can consider them prior to this item coming back to Council in 30 days. Council Member Humphrey stated that he saw nothing in the plan which addresses City -owned land, which may or may not be in use right now, that could be used for parks or land exchanges. He stated that there are a number of City -owned sites, such as the old yard, which could be sold and the money used to purchase other sites. Council Member Humphrey mentioned that potential uses for the eight -acre Lindbergh site were not addressed. He commented on the fact that some of the school sites do not have rest room facilities and it is a concern that should be considered. In conclusion, Council Member Humphrey noted that the Costa Mesa Golf Course is designated open space but not considered to be park land. He contended that if the golf course is not included as park land than neither should any other athletic field, basketball court, etc. Vice Mayor Genis was discouraged because at a Study Session, she mentioned specific sites that could be explored, and spoke with the City's consultant for several hours about various options to be investigated, yet her comments have not been considered. Council Member Humphrey mentioned that the plan indicates a need for more park land on the west side, but no sites have been identified for possible consideration. Council Member Erickson stated that negotiations with the School District depend upon a proper frame of mind by both agencies. He believed a positive approach would be very productive. He reported that he submitted two pages of questions to which he received answers, and offered to share that information with the other Council Members. He referred to Page 74 of the plan and disagreed L with the inclusion'of the linear park on Victoria Street in the park acreage. Council Member. Erickson commented that when looking at increasing park acreage, he did not believe every parkway or every sidewalk in the City should be designated as park land. He stated that there is a real need for parks on the east side as well as the west side. He recommended attempting to obtain a 30 -year lease with the School District. The City Manager requested that the City Clerk produce a Minute Excerpt of this'evening's discussion. As to written comments which Council submitted previously, the City Manager stated that he will require that the City's consultant make specific references in the document on each and every question to ensure that all of those points are addressed. Referencing Vice Mayor Genis's comments on the issue - of available vacant parcels, he agreed that the information was. needed but was not sure the consultant could be compelled to produce that data as part of his contract. The City Manager believed" that identifying vacant parcels could be handled at a staff level. In addition, he felt optimistic about the ongoing negotiations with the School District. RECESS The Mayor declared a recess at 8:35 p. m., and the meeting reconvened at 8:45 p.m. NEW BUSINESS The City Clerk presented a request from South Coast Symphony for South Coast use of Fairview Park for four concerts during August and Symphony September, 1992. Council Member Buffa did not return to the Chambers after recess because he was abstaining from voting on this Council Member item. Buffa Left The City Manager apologized for the hurried presentation of this item, explaining that the request was not received until the middle of last week. He referred to the data attached to the Agenda Report dated May 28, 1992, which detail the general concept of the concerts, and provides specifics as to the set-up and arrangements for the series. The City Manager reported that the actual cost of operations, set-up and take-down, would be borne by South Coast Symphony; however, there are still some ongoing discussions and concerns regarding parking and traffic operations. He mentioned that because of the late receipt of the application, the Parks, Recreation Facilities, and Parkways Commission was unable to place this item on its agenda, and merely discussed it; therefore, no recommendation could be made. The City Manager stated that if this is a project that Council would like to see undertaken, he and staff could work out the technical aspects, principally parking and traffic. He encouraged that parking be accessed at the park and at Estancia High School; however, he would not encourage parking on the turf. Responding to Mayor Hornbuckle's question on who would be in charge of parking and traffic control, the City Manager stated that it would involve both the Public Services Department and the �7. Traffic Division of the Police Department, and suggested having the Fire Department involved. Vice Mayor Genis was concerned about providing sanitation facilities. Doreen Hardy, Executive Director, South Coast Symphony, 1631 Sunflower Avenue, Suite C-45, Santa Ana, summarized the information contained in her letter dated May 26, 1992, some of the specifics being that South Coast Symphony will provide picnic table seating as well as lawn and chair seating; ticket prices will range from $15.00 to $28.00 with discounted season subscriptions; and 200 complimentary tickets will be set aside for seniors, the needy, or disabled, which shall be determined by the City. Responding to the Vice Mayor's question concerning sanitation facilities, Ms. Hardy reported that portable rest rooms will be provided. She gave a brief review of the programming ideas as detailed in her letter, and confirmed that the preferred dates for the concerts are August 22 and 29, and September 12 and 19, 1992. Vice Mayor Genis asked for more information on the specific location within Fairview Park which will be utilized. Ms. Hardy referred to the diagram she submitted with her letter; however, the Vice Mayor wanted more detailed data. The City Attorney reported that these details will be addressed in a lease which will be submitted to Council. He suggested approving the request in concept; then staff will be bringing back a lease, the exact site plan, and insurance. The City Manager stated that it was his understanding that approval is needed this evening so the Symphony can carry out its commitments for this event; therefore, if approval is simply conceptual, the Symphony will not be able to go forward with their plans. In view of this information, the City Attorney recommended that Council delegate authority to execute the lease to the City Manager. Council Member Erickson asked about removing the concert equipment. Ms. Hardy replied that park cleanup will be done immediately following each concert with the assistance of the Orange County Market Place staff. She confirmed that on-site parking will exclude parking on the turf, dirt, or at the model railroad site; and reported that preparation for the concert will begin the morning of the concert. In regard to the City's administering the distribution of 200 free tickets, the City Manager stated that he would prefer having a group such as the Senior Citizens Corporation take on that responsibility. Ms. Hardy mentioned that the concerts will be held from 8:00 to 10:00 p.m., and suggested that picnicking start at 6:00 P.M. Dick Mehren, 1824 Kinglet Court, Costa Mesa, stated that even though this is a very worthwhile organization, he objected to the approach to this request, especially since the Fairview Park Committee -was totally bypassed. He felt that the request was being processed without input from the appropriate sources and inadequate information from the applicant. Mr. Mehren was concerned with damage to the turf, and mentioned that the event will not financially benefit the community. Jim Jones, 2004 Calvert Avenue, Costa Mesa, commented that the park is large enough to accommodate this event. He urged Council to approve the request. Considerable discussion ensued on placing this item on the agenda for the next Fairview Park Committee meeting scheduled for Wednesday and to obtain all the necessary data and documentation necessary to proceed in a timely manner. MOTION A motion was made by Council Member Humphrey, seconded by Request Approved Council Member Erickson, to approve the request in concept; refer in Concept I this item to the Fairview Park Committee for input; and give the City Manager final ;contract authority, addressing the comments provided by Council. Council Member Erickson asked Ms. Hardy if there would be a problem for the Symphony if this item were to come back to Council J for final consideration at the June 15 meeting. Ms. Hardy responded that timing is of the essence, and emphasized that it was not the intent of the Symphony to try to railroad this item through the system. She explained that waiting until June 15 would severely hamper this .project because of the need to execute talent contracts. During discussion, Vice Mayor Genis expressed her desire to have the request come back to. Council for final review to ensure that all requirements are in order. Mayor Hornbuckle recommended continuing this request to a special meeting on June 8, 1992, when Council will be meeting for its Study Session. AMENDED Council Member Humphrey made an amended motion to continue MOTION this item to June 8, 1992, for final approval. The motion was Continued to seconded by Council Member Erickson. Vice Mayor Genis June 8, 1992 commented that a map depicting that area of the park which will be used for the con6erts would be satisfactory. Mayor Hornbuckle stated that Council's concern is the location and space required for the program. Dick Mehren spoke again and suggested that the map indicate the relationship of the concert area to the existing parking lot. The amended motion carried 4-0, Council Member Buffa absent. Council Member Council Member Buffa returned to the Council Chambers at 9:45 Buffa Returned p.m. NEW BUSINESS On motion by Council Member Humphrey, seconded by Council Community Facilities Member Erickson, and carried 5-0, the following items were District No. 92-1, continued to August 3, 1992, at 6:30 p.m., in the Council Chambers Metro Pointe of City Hall: MOTION Establish City of Costa Mesa Community Facilities District (CFD) Continued to No. 92-1, Metro Pointe: August 3, 1992 Resolution of Intent to establish CFD No. 92-1, and authorize levy of special taxes pursuant to the Mello -Roos Community Facilities Act of 1982. Resolution of Intent to incur indebtedness for CFD No. 92-1. Agreement regarding advances for CFD No. 92-1. NEW BUSINESS The City Clerk presented the eligibility requirements for Measure Measure "M" Funds "M" funds: Resolution endorsing Measure "M" Regional Program Consistency and Eligibility Criteria; Resolution on the status of the Costa Mesa Circulation Element; Pavement Management Plan; Maintenance of Effort; Memorandum of Understanding (MOU) for receipt and use of funds. Seven-year Measure "M"/Capital Improvement Program. The Public Services Director summarized his Agenda Report dated May 22, 1992, which details the procedures for obtaining Measure "M" funding. i i MOTION 'A motion was made by Council Member Buffa, seconded by Council Resolutions 92-59 Member Humphrey, to take the following action: and 92-60 Adopted; Measure "M" Adopt Resolution 92-59, A RESOLUTION OF THE CITY Funding Procedures COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Approved ENDORSING THE MEASURE "M" REGIONAL FUNDING PROGRAM CONSISTENCY AND ELIGIBILITY CRITERIA; Adopt Resolution 92-60, A RESOLUTION OF THE CITY COUNCIL OF THE 'CITY OF COSTA MESA, CALIFORNIA, CONCERNING THE STATUS OF THE CIRCULATION ELEMENT FOR THE CITY OF COSTA MESA; rtify the Pavement ;Management Plan; approve the Maintenance Effort; Adopt the Memorandum of Understanding (MOU) for eipt and use of funds, and authorize the Mayor to sign; and )rove the Seven-year Measure "M"/Capital Improvement motion carried by the following roll call vote: AYES: Hornbuckle, Genis Buffa, Humphrey, Erickson NOES: None ABSENT: None CITY ATTORNEY The City Attorney presented Opinion No. 92-9, Conflict of Interest REPORT ;Regulations for the Fair Political Practices Commission. He also Legal Opinion presented from the meeting of May 18, 1992, two budget No. 92-9 adjustments which were the subject of discussion relating to conflict Conflict of Interest of interest: i Budget Adjustment !Budget Adjustment 92-59 for $13,000.00, to install audible 92-59 1pedestrian signals on ;Fairview Road at the Orange Coast College j entrance, and flashing school zone beacons on Baker Street and Labrador Drive; and Budget Adjustment !Budget Adjustment 92-60 for $25,000.00, to repair the walkway at 92-60 i Estancia Park. The City Attorney was of the opinion that Council Members would I not be required to abstain or be disqualified in participating in the decisions on the pedestrian signal and school zone beacons. As to the Estancia Park project, he did not believe that would be covered by the applicable FPPC regulations because it is an ordinary repair of existing facilities. i Jim Jones, 2004 Calvert Avenue, Costa Mesa, spoke about the poor condition of the stairs at Estancia Park. He mentioned that several large plants have been allowed to die and huge dandelions are growing there. MOTION A motion was made by Council Member Humphrey, seconded by Budget Adjustments Council Member Erickson, to approve Budget Adjustments 92-59 Approved and 92-60. Council Member Buffa asked why the brown gates were installed at the Estancia Park parking lot since they are never closed. I The City. Manager responded that he would obtain an answer for Council. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis Buffa, Humphrey, Erickson I NOES: None ABSENT: None 1 LJ CITY ATTORNEY The City Attorney requested a closed session pursuant to REPORT/Request for Government Code Section 54956.9(a) to discuss Green v. Closed Session Amburgey, et al., Orange County Superior Court Case No. 63 -93 - Green Lawsuit 04. The Mayor stated that closed session would be held after completion of regular business. CITY MANAGER The City Manager presented the preliminary proposed City Budget REPORT for Fiscal Year 1992-93, and announced that both the preliminary Proposed City Budget Line Item and Program Budgets will be available for the public. for 1992-93 The City Manager reported that the budget totals $68,132,950.00 which represents an increase of .06 percent compared with the 1991- 92 Budget. He summarized the City Manager's Budget Message contained in the preliminary budget, and emphasized the possible loss of 3.3- million dollars in State vehicle license fees. He stated that if those fees were eliminated, Council would be forced to reopen budget discussions to address that issue. Budget Referred to The City Manager requested that a budget Study Session be held on Study Session on June 8, 1992, from noon to 4:00 p.m: :in the fifth floor Conference June 8, 1992 Room, and mentioned that the meeting "is open to the public. He announced that copies of the budget swill be available at both libraries and in the City Clerk's office. There being no objection from any Council Members,. Mayor rIernbuckle confirmed the budget Study Session date and time ;as= requested by the City Manager. She also requested staff to;adv se Ms. Hardy of the time of the special Council meeting which was scheduled for the same date. COUNCIL Council Member Erickson stated that a definite agenda date has not MEMBERS been set for the Board of Supervisors to consider the Cooperative COMMENTS Study with the County of Orange for transportation alternatives. He reported that the Ad Hoc Transportation Study group would be Transportation Study meeting Thursday, at 7:00 p.m., in the fifth floor Conference Room. Commendations by Council Member Erickson commended the City Attorney on the Council Member good job he did on shortening a multiple -page document which Erickson would have negated any efforts by the City to get interns from the University of California at Irvine to work as medical consultants at the Senior Center. Council Member Erickson commended Vice Mayor Genis on her invocation earlier this evening, and complimented Mayor Hornbuckle and Council Member Buffa on running for office in the primary election June 2, 1992. Fund-raisers for Council Member Humphrey announced that a golf tournament will Senior Citizen be held on Friday at the Costa Mesa Golf and Country Club as a Corporation fund-raiser for the Senior Citizen Corporation. He reported that an afternoon tea dance will be held by the Hat Connection on Sunday, also a fund-raiser for the Senior Citizen Corporation. Primary Election Council Member Humphrey and Vice Mayor Genis urged citizens to vote in the June 2 election. Lions Club Vice Mayor Genis congratulated the Lions Club on its successful Commended parade and fish fry. ADJOURNMENT TO At 10:10 p.m., the Mayor adjourned the meeting to a closed session CLOSED SESSION in the first floor Conference Room to discuss the Green lawsuit. MEETING At 10:15 p.m., the Mayor reconvened the regular meeting and the RECONVENED following announcement was made: �- �% r n . � r. V �': `�3V MOTION/Green iBy a vote of 5-0, Council rejected the settlement offers from Lawsuit Settlement I Timothy Green in connection with the lawsuit, Green v. Amburgey, Rejected let al., Orange County Superior Court Case No. 63-93-04. i ADJOURNMENT The Mayor declared the meeting adjourned at 10:20 p.m. --)/Raw Mayor of a City of Costa Mesa ATTEST: ty Clerk of the City o*Costa Mes 1