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HomeMy WebLinkAbout06/15/1992 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JUNE 15, 1992 The City Council of the City of Costa Mesa, California, met in regular session June 15, 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 Minister Andrew Wall, Church of Christ. 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 Roeder City Attorney Thomas Kathe Deputy City Manager/Develop- ment Services Donald Lamm Public Services Director William Morris Finance Director Susan Temple Communications Director Vince Whelan Community Services Director Keith Van Holt City Clerk Eileen Phinney MINUTES On motion by Council Member Buffa, seconded by Council Member June 8, 1992 Erickson, and carried 5-0, the minutes of the special meeting of June 8, 1992, were approved as distributed. 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. PRESENTATION Chuck Evans, representing the Portland Cement Association, stated Palace Alley that the cement and concrete industry of southern California has an Award annual paving awards program, and he presented this year's award to the Director of Public Services for the work done on the Palace Avenue Alley Improvement project. ORAL Bill Folsom, 2538 California Street, Santa Ana, President of the COMMUNICA- Costa Mesa City Employees Association, referred to the new wall TIONS constructed at the City's Corporation Yard, and he volunteered to Corporation Yard donate 1,000 hours labor by the association members, at no charge, Wall to demolish the existing wall which is unsafe and unsightly. The Mayor thanked Mr. Folsom for the generous offer of the Association. Mayor Hornbuckle asked the City Manager to investigate the ramifications of this offer. Conflict of Interest Ernie Feeney, 1154 Dorset Lane, Costa Mesa, requested an opinion from the City Attorney regarding a possible conflict of interest regarding Council Member Buffa's recent vote on a dental building and his participation in the discussion of a Single -Room -Occupancy p�4iP- 34 V i project at the June 8, 1992, study session. She next addressed the Political Signs political sign ordinance, stating that Council Member Buffa's campaign signs were still in place throughout the City. Mayor Hornbuckle asked the City Attorney to prepare an opinion on the conflict of interest issues. Council Member Buffa responded that the District Attorney has prepared an opinion stating there is no conflict between the City ordinance and a Federal campaign, and he stated that it was incorrect that he had participated in discussion at the Study Session as he had been absent from the room during that portion of the discussion. He stated that some of his political signs were still in place, and he will contact the sign company to have them removed. John Goddard, 1985 Anaheim Avenue, Costa Mesa, stated there are many political signs throughout the City and they should all be taken down. Someone Cares Soup Martin Settles, 622 Hamilton Street, Costa Mesa, intended to speak Kitchen about the Someone Cares Soup Kitchen but was informed by the Mayor that this was an Agenda item and would be addressed later in the evening. Police Substation Sid Soffer, 900 Arbor Street, Costa Mesa, stated that there is no building permit for the Police Substation on West 18th Street, and the file for this building cannot be located. The City Attorney responded that the records had been reviewed, the building met all current requirements, and the file is being reconstituted. CONSENT The following items were removed from the Consent Calendar: Item CALENDAR :7(b), Replacement of Steps at Estancia Park; Item 7(c), Asbestos Removal and Demolition of 651 Victoria Street; Item 10, Sole source purchase of a Dispatch System Upgrade; and Item 13, Costa Mesa Conflict of Interest Code. On motion by Council Member Humphrey, seconded by Vice Mayor Genis, the remaining items on the Consent Calendar were approved in one motion by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None READING FOLDER On motion by Council Member Humphrey, seconded by Vice Mayor Genis, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Clara and Harold Alderfer; Gary B. and Gregory B. Genske; and State Farm Insurance Company. Alcoholic Alcoholic Beverage Licenses for which parking has been approved Beverage by the Planning staff: Pao Shang Lu, doing business as Altadena Licenses Drive -In Dairy, 1085 Baker Street; West Coast Restaurant Ventures, Incorporated, doing business as Dakota, 600 Anton Boulevard; Robert B. Gallagher, Duane A. Garcia, and Christine A. Mead -Gallagher, doing business at 245 Fischer Avenue, Suite C-5; Louis M. Nigro and Gerard D. Proccacino, Jr., doing busi- ness as Louis Louie's Restaurant, 1670 Newport Boulevard; Sean P. Steele, doing business as Old Newport Brewing Company, 2915.Red Hill Avenue, Suite G-202; and Sfuzzi, Incorporated, doing business as Sfuzzi, 1870-A Harbor Boulevard, Suite 200. WRITTEN On motion by Council Member Humphrey, seconded by Vice Mayor COMMUNICA- Genis, Resolution 92-61, A 'RESOLUTION OF THE CITY TIONS/Records COUNCIL OF. THE CITY OF COSTA MESA, CALIFORNIA, Destruction for AUTHORIZING RECORDS DESTRUCTION FOR THE Police Department POLICE DEPARTMENT OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE NO. 75-60, was adopted by the MOTION following roll call vote: Resolution 92-61 AYES: Hornbuckle, Genis, Buffa, .Adopted Humphrey, Erickson NOES: None ABSENT: None SET FOR PUBLIC On motion by Council Member Humphrey, seconded by Vice Mayor HEARING Genis, and carried 5-0, the following item was set for public hearing July 6, 1992, at 6:30 p.m., in the Council Chambers of City Hall: Standards Consistent An Ordinance amending Title 13 of the Costa Mesa Municipal With General Plan Code incorporating standards consistent with the 1990 General Plan, including deletion of the Rl-W zone, R4 zone, and PDR -UC MOTION zone; addition of the PDR -NCM zone; and reduced residential Hearing Set for density limits. Environmental Determination: Environmental July 6, 1992 Impact Report 1044 adopted for the 1990 General Plan. Vacation of Excess On motion by Council Member Humphrey, seconded by Vice Mayor Right -of -Way Genis, Resolution 92-62, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION DECLARING ITS INTENTION TO ORDER THE VACATION OF Resolution 92-62 AN EXCESS RIGHT-OF-WAY FOR BICYCLE TRAIL Adopted; Hearing PURPOSES AT 3505 CADILLAC AVENUE, was adopted, setting Set for July 20, a public hearing July 20, 1992, at 6:30 p.m., in the Council 1992 Chambers of City Hall. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None WARRANTS On motion by Council Member Humphrey, seconded by Vice Mayor Genis, Warrant Resolution 1522, including Payroll 9212, was MOTION approved by the following roll call vote: Warrant 1522 AYES: Hornbuckle, Genis, Buffa, Approved Humphrey, Erickson NOES: None ABSENT: None REJECTED CLAIM On motion by Council Member Humphrey, seconded by Vice Mayor Harbor Greens Genis, and carried 5-0, the claim from Harbor Greens Apartments, Apartments regarding a broken window due to vandalism, was rejected. Bid Item 943 Annual Supply of Chemicals, Fertili- zers, etc. MOTION Awarded to Target Specialty Products Bids received for Bid Item 943, Annual Supply of Chemicals, Fertilizers, Fungicides, Herbicides, Insecticides, and Pesticides, are on file in the City Clerk's office. On motion by Council Member Humphrey, seconded by Vice Mayor Genis, the contract was awarded to Target Specialty Products, 17710 Studebaker Road, Cerritos, and Wilbur -Ellis Company, 105 Mercury Circle, Pomona, for a combined value of approximately $86,700.00. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Final Map for ; The Final Map was presented for Tract 14432, Harry Marsh, Tract 14432 ; developer, 400 Westchester Place, Fullerton; 7 lots, 0.455 -acre, Marsh i located at 171 East 18th Street, for condominium purposes. On motion by Council Member Humphrey, seconded by Vice Mayor MOTION Genis, and carried 5-0, the map was approved pursuant to the Map Approved j provisions of Section 66436(a)(3)(A) of the Subdivision Map Act; Council did accept on behalf of the public the ingress -egress easement for emergency and security vehicle purposes over lot 'A' as shown on the map;. and the City Clerk was authorized to sign said map on behalf of the City. Notice of Completion 1989-90. Parkway Maintenance and 1990-91 New Sidewalk B-1 Enterprise Construction, Project; 91-08, were completed to the satisfaction of the Public Services Director on May 15, 1992, by B-1 Enterprise 1989-90 Parkway Corporation, 9605 Business Center Drive, Suite E, Rancho Maintenance/ 1990- i Cucamonga. On motion by Council Member Humphrey, seconded 91 New Sidewalk by Vice Mayor Genis, and carried 5-0, the work was accepted; the Construction, Clerk was authorized to file a Notice of Completion; authorization Project No. 91-08 was given to release retention funds 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and MOTION 1 the Performance Bond was ordered exonerated 12 months thereafter. Work Accepted The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Amended Agreement ; The Chief of Police recommended approval of an amended with PRC Public Agreement with PRC Public Management Services, Incorporated, Management Services 1500 PRC Drive, Mail Stop 3W5, McLean, Virginia, to provide computer software support for the Costa Mesa Public Safety Computer Software ! Computer System. On motion by Council Member Humphrey, Support seconded by Vice Mayor Genis, the agreement was approved, and i the Mayor was authorized to sign on behalf of the City. The motion MOTION carried by the following roll call vote: Agreement Approved i AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None 1992-93 Invest- On motion by Council Member Humphrey, seconded by Vice Mayor ment Policy Genis, Resolution 92-63, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION AUTHORIZING THE CITY TREASURER TO INVEST AND Resolution 92-63 REINVEST IDLE MONIES OF THE CITY OF COSTA MESA IN Adopted ELIGIBLE SECURITIES AND TO SELL OR EXCHANGE SECURITIES PURCHASED, AND AUTHORIZING SAID TREASURER TO DEPOSIT SUCH SECURITIES FOR SAFEKEEPING IN DESIGNATED BANKS AND SAVINGS AND LOANS AND AUTHORIZING THE SAID TREASURER TO DELEGATE TO THE ASSISTANT DIRECTOR OF FINANCE THE CARRYING OUT OF ANY SUCH TASKS, was adopted by i the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Sidewalk Steps at ;Item 7(b) on the Consent Calendar was presented: Replacement of Estancia Park i Sidewalk Steps at Estancia Park, 1900 Adams Avenue. Council i Member Humphrey clarified that the contract amount was actually :7 MOTION $26,500.00, not. $26,000.00 as stated on the Agenda. Vice Mayor Awarded to Ja-Mar Genis stated that the repair to the steps is necessary but she would Engineering like to see future capital expenditures deferred until the budget is more defined. On motion by Council Member Humphrey, seconded by Council Member Buffa, the contract was awarded to Ja-Mar Engineering, Incorporated, Post Office Box 90667, Long Beach, for $26,500.00. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Asbestos Removal and Item 7(c) on the Consent Calendar was presented: Asbestos Demolition at 651 Removal and Demolition at 651 Victoria Street, Project V-92-01. Victoria Street Council Member Humphrey requested a continuance because of clarification required on the bonds. On motion by Council Member MOTION/Continued Buffa, seconded ;by Council Member Humphrey, and carried 5-0, to July 6, 1992 this item was continued to the meeting of July 6, 1992. Sole Source Purchase Item 10 on the Consent Calendar was presented: Sole source from PRC Public purchase of a Dispatch System Upgrade, for $144,707.82, from Management Services PRC Public Management Services, Incorporated, 1500 PRC Drive, Mail Stop 3W5, McLean, Virginia. Council Member Humphrey Dispatch System pointed out that sole source purchases are unique in our community, Upgrade and requested clarification on this purchase. The Communications Director responded that this company supplies the equipment which MOTION is compatible with the integrated system currently in use. On Purchase Approved motion by Council Member Humphrey, seconded by Council Member Erickson, the purchase was approved by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Conflict of Interest Item 13 on the Consent Calendar was presented: Costa Mesa Code Conflict of Interest Code. Mayor Hornbuckle pointed out that in the attachment to the Agenda Report dated May 27, 1992, a memorandum from the California Fair Political Practices Commission, Paragraph 2 on the first page, states that the City Council must, "no later than July 1, 1992, take the initiative to notify every local government agency within its jurisdiction to review its code and either amend the code if necessary, or submit a report...". The City Attorney stated that when he reviews the City's Code for compliance, he will provide a report as to whether or not the other agencies within the City's jurisdiction are required to MOTION prepare a similar report. On motion by Mayor Hornbuckle, Directed that Code seconded by Council Member Buffa, and carried 5-0, the City be Reviewed Attorney was directed to review the. Conflict of Interest Code. PUBLIC HEARING The City Clerk announced that this was the time and place set for Vacation at 2417 the public hearing to consider the intention to order the vacation of Elden Avenue 22 feet of property at 2417 Elden Avenue. The Affidavits of Posting and Publishing are on file in the City Clerk's office. Communications were received from Southern California Gas Company, Post Office Box 3334, Anaheim, and The Metropolitan Water District of Southern California, Post Office Box 54153 Terminal Annex, Los Angeles, stating no objection to the vacation. The Director of Public Services reviewed the Agenda Report dated May 27, 1992. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Erickson, seconded by Council Resolution 92-64 Member Humphrey, Resolution 92-64, A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ORDERING THE VACATION OF 22 FEET OF PROPERTY AT 2417 ELDEN AVENUE, 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 Appeal of PA -88-134 meeting of June 1, 1992, to consider an appeal of the Planning and C-32-67 ! Commission's conditions for C-32-67 and Planning Action PA-88- Nabers 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 requirements for property at 2600 Harbor Boulevard in a Cl zone. Environmental Determination: Negative Declaration. The Deputy City Manager/Development Services summarized the Agenda Report dated June 9, 1992. He reported that since the meeting on May 26, 1992, between Mr. Nabers, his staff, and the neighbors, complaints from the neighbors regarding the roof -top parking have been monitored, with a total of seven complaints registered in 20 days, and it was verified that automobiles had been parked on the roof in violation of the current Conditional Use Permit. He submitted a letter from Mr. Nabers, which stated he preferred the landscape option which would provide plant materials maintained at a minimum height of six feet in planter boxes along the south edge and southeast corner of the Buick dealership building. Bud Lengtat, 432 Princeton Drive, Costa Mesa, approved of the recommendations on. Page 3A of the Agenda Report, and he emphasized his support of Option 3(b), use of a wrought iron fence as opposed to Option 3(c), the use of plant materials. Carl Bureman, 447 Princeton Drive, Costa Mesa, submitted three letters to Council which illustrate that this matter has been a problem for many years. He also submitted photographs showing customers on the second story and cars illegally parked. Council Member Humphrey reported that the City's Code Enforcement Officers had been sent to Nabers and he pointed out that if 20 days were allotted to rectify a problem, it would seem that Nabers would be certain not to violate the conditions of approval, simply to be on the good side of the decision process. Sid Soffer, 900 Arbor Street, Costa Mesa, suggested that Nabers, being a commercial enterprise, was being penalized because a residential building in. the same location could be built higher. He stated that the recently adopted 1990 General Plan does not adequately address the problem of residences versus commercial. 'Mr. Soffer pointed out that a portion of the money collected from the car agencies should be used for mitigation between the neighbors and the dealers. There being no other speakers, the Mayor closed the public hearing. I MOTION On motion by Council Member Humphrey, seconded by Council PA -88-134 and 'Member Erickson, and carried 5-0, the pemit was approved with C-32-67 Approved modification of the Conditional Use Permit requiring a planter with 1 a four -foot total height, with ' a hedge maintained in that planter to achieve a height of four feet, and to include appropriate maintenance and conservation, measures; Section B of the Agenda Report was reworded to provide that the planter shall be installed and maintained at a ten -foot setback; and Conditions 1, 2, 4, and 19, shown on Pages 3A and 4A of the Agenda Report were included. Council Member Humphrey explained that a wrought -iron fence would be required if, for some reason, access within that 10 feet of the southerly wall were'not controlled by the planter; then the wrought - iron fence would be added only if necessary to give a complete control of that area. MOTION After recess, Council addressed the Environmental Determination, Negative Declaration which had inadvertently been omitted from the original motion. A Adopted motion was made by Council Member Humphrey to adopt the Negative Declaration of Environmental Impact, in addition to the -motion. that was previously approved. The motion was seconded by Council Member Erickson, and carried 5-0. Council Member Humphrey clarified that the motion was designed to prohibit pedestrian traffic between the planter box and the south fence on the top floor of the Buick dealership. PUBLIC HEARING The City Clerk announced the public hearing, continued from the PA -92-32 meeting .of June 1, 1992, for ,Council Review of the Planning The Huddle Bar Commission's decision for Planning Action PA -92-32, The Huddle Lowe/Pirih/Logar Bar, Jere W. Lowe, 741 West Baker Street, Costa 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 a residential zone 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 Deputy City Manager/Development Services stated this item had been continued to allow discussion at the June 8, 1992, study session. He stated the current shopping center has a .25 Floor Area Ratio (FAR), and the General Plan allows .3 FAR at this site. Vice Mayor Genis stated that since the trip budget would be exceeded by approximately 40 percent, she could not support a project which did not conform to the General Plan. Sid Soffer, 900 Arbor Street, Costa Mesa, after reviewing the plot planfor The Huddle Bar, stated the majority of their business was conducted at night, and the other businesses in the shopping center are closed at that time so there is a reduction of trip ends. He suggested allowing the use of the additional area only in the evening. The Deputy City Manager responded to a question from Mr. Soffer by stating that The Huddle does not currently have a Conditional Use Permit; the expansion created the necessity for one. Jere. Lowe referred to a chart he had made which indicates that maximum use of the parking lot, by the bar is from 4:00 p.m. to 6:00 p.m. on Friday, and there have never been complaints from other tenants regarding parking. He stated that the only traffic problems in the area were caused by the industrial buildings that adjoin this property line. There being no other speakers, the Mayor closed the public hearing. Council Member Erickson stated he did not concur with the Vice Mayor regarding adding a condition that the expanded part of the business not be opened until 7:30 p.m.; however, he suggested a .� i..� -340- MOTION 3 MOTION Planning Commission Decision Upheld finding that the nature of this business is such that this expansion would not be necessary until then. A motion was made by Council Member Erickson, seconded by Mayor Hornbuckle; to affirm the Planning Commission's approval of the Conditional Use Permit to expand into the adjacent 774- square -foot suite; and affirm the Planning Commission's denial to enclose the 132 -square -foot portico, based on additional findings to the Planning Commission's findings that the nature of the use does entail off -hours use in the expanded space and that this would be a complimentary use to neighboring uses. The motion carried 5-0. The Deputy City Manager stated that the subject of trip budgets would be addressed at the July or August study session. Vice Mayor Genis stated that although she supported the motion, this was in no way an endorsement of the discussion in the Planning Division Staff Report dated April 27, 1992, that justifies exceeding the trip budget because of . using an existing building. She stated she does not believe it was appropriate to keep intensifying uses and increasing trip budgets. PUBLIC HEARING The City Clerk announced that this was the time and place set for 1991-92 Revised the public hearing to consider the revised Revenue Sharing Budget Revenue Sharing for the 1991-.92 Fiscal Year, and Budget Adjustment No. 92-65 for Budget $96,000.00. The Affidavit of Publishing is on file in the City Clerk's office. The City Manager reviewed the Agenda Report dated June 1, 1992'. There being no speakers, the Mayor closed the public hearing. MOTION ! On motion by Council Member Buffa, seconded by Council Member Budget Adjustment I Erickson, Budget Adjustment No. 92-65 was approved by the 92-65 Approved following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None PUBLIC HEARING The City Clerk announced that this was the time and place set for 1992-93 Appro- the public hearing to consider the City's appropriations limit for priations Limit fiscal year 1992-93 for $70,803,000.00. The Affidavit of Publishing is on file in the City Clerk's office. The City Manager summarized the Agenda Report dated June 1, 1992. He clarified that Measure C funds have been spent on a series of public improvements, 50 percent for repaving streets, mostly residential; 30 percent for parkway repairs; and 20 percent on new sidewalk construction. ;Sid Soffer, 900 Arbor Street, Costa Mesa, stated that the record will show that the Measure C funds were spent as the City Manager has !reported. There being no other speakers, the Mayor closed the ;public hearing. MOTION ;On motion by Council Member Erickson, seconded by Council Resolution 92-65 ;Member Humphrey, Resolution 92-65, A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DETERMINING AND ADOPTING AN APPROPRIATIONS LIMIT FOR FISCAL YEAR 1992-93, IN ACCORDANCE WITH ARTICLE XIII -B OF THE CONSTITUTION OF THE STATE OF CALIFORNIA, AS AMENDED BY PROPOSITION 111 AND SB 88, was adopted by the following roll call vote: 1 AYES: -Hornbuckle, Genis; Buffa, Humphrey, Erickson NOES: None ABSENT: None RECESS The Mayor declared a recess at 8:15 p.m., and the meeting reconvened at 8:30 p.m. OLD BUSINESS The City Clerk presented for public discussion the proposed City 1992-93 City Budget Budget for fiscal year 1992-93. The Finance Director introduced the Budget, with one amendment of $152,250.00 representing an appropriation adjustment for the Community Development Block Grant Fund. She stated that the .General Fund of $55,658,135.00 is balanced with equal revenue and appropriations. The City Manager reported that this budget is balanced following Council guidelines�'in terms of maintaining service levels, not raising taxes nor drawing from the reserves, and a number of other important factors. He addressed the State budget shortfall and its possible affect on the City. He gave the names and addresses of individuals at the State level who are involved in making the recommendations and decisions on the State budget process, and suggested local citizens contact these legislators and express their opinion on the proposed cuts in public safety, park and recreation programs, and just about every aspect of local government. He stressed that the budget adopted at this point would not be final as amendments will be necessary to accommodate any cuts. The Finance Director and City Manager responded to various questions from Council.. The Finance Director stated that the Consolidated Fee Update is scheduled for the August 10, 1992, study session, and fee adoption would be scheduled, for the August 17, 1992, Council meeting. In response to a question from Council Member Erickson, the Finance Director stated she would prepare a report for Council on the car allowances for department managers. Sid Soffer, 900 Arbor Street, Costa Mesa, commented on City monies that have been wasted in pursuing the lawsuit against him. He stated that raising fees would discourage building and stifle other revenues. Mayor Hornbuckle responded that it was not intended to raise fees but a fee study is being performed to ascertain whether or not processing costs are being covered.' Ernie Feeney, 1154 Dorset Lane, Costa Mesa, addressed the miscellaneous items on the Line Item Budget, through Page 303, which totaled $2,020,000.00. She stated there is no explanation for these expenditures, and commented on the staff time being spent on committees. Nancy Palme, 1997 Kornat Drive, Costa Mesa, reported on a cable program presented by the League of Cities in cooperation with the City of Lakewood on the subject of citizens getting involved with local government. The City Manager stated that this video is being run at the request of the City, and it explains the relationship between the State budget and City budgets. Mrs. Palme stated that anger regarding financial matters should be directed at the State, not the City. John Feeney, 1154 Dorset Lane, Costa Mesa, objected to the Police Department personnel being cut back while Community Services personnel is being increased. He presented to Council a form he devised which would indicate a preference for funding the arts, food tasting, etc., and waive access to the Police and Fire Departments. The City Manager stated that Police Department personnel have not been cut; however, two proposed positions have been left vacant, and some civilians have replaced sworn officer positions. Regarding the Fire Department, the City Manager reported that the proposed positions for the Metro Fire Station have not been filled, and personnel from other stations will be deployed to staff ,this station. He stated that he would prepare a presentation on these services at a future meeting. John Moorlach, 3169 Madeira Avenue, Costa Mesa, raised concern regarding the Public Employee's Retirement System, and he recommended forming a committee to assist in balancing the City's budget. MOTION On motion by Council Member Erickson, seconded by Council Compensation Based Member Humphrey, the City Manager was directed to investigate on Productivity long-term solutions. to compensation of City personnel based on Approved productivity, giving benefit to both the City and the employee. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES:. None ABSENT: None Motion to Cut A motion was made by Council Member Erickson, seconded by Consultants Failed I Vice Mayor Genis, to cut by at least 25 percent, the use of to Carry consultants throughout the City, with a freeze on the hiring of new consultants unless specifically approved by the City Manager. Mayor Hornbuckle stated she could not support the motion, and requested an analysis from staff as to whether the City benefits by hiring consultants rather than overburdening staff. Vice Mayor Genis questioned the amount of consultants, specifically the "others" that was approximately 30 percent of the overall budget. Council Member Buffa said he could not support the motion because he does not know what an appropriate figure would be at this point. Council Member Humphrey, stated he also could not support the motion because the term "consultant" also covers situations such as the County of Orange during an election. The motion failed to carry 3- 2, Council Members Hornbuckle, Buffa, and Humphrey, voting no. MOTION On motion by Mayor Hornbuckle, seconded by Council Member New Consultant Buffa, and carried 5-0, a freeze on hiring of new consultants Hiring Freeze pending information from the State, and review of existing Approved consultant contracts and costs, was approved. i MOTION/Reduce I A motion was made, by Council Member Erickson, seconded by Dues, Memberships, Council Member Humphrey, directing staff to reduce dues, and Subscriptions membership, and subscriptions by 25 percent. SUBSTITUTE A substitute motion was made by Council Member Buffa, seconded MOTION by Mayor Hornbuckle, directing department heads in whose Staff Directed to department budget there is a line item for dues, subscriptions, and Prepare Report on organizations, to prepare a brief report on the need for current Current Affiliations I affiliations. The substitute motion carried 4-1, Council Member I Erickson voting no. MOTION A motion was made by Council Member Erickson, seconded by Cross Training Council Member Humphrey, and carried 5-0, to approve cross Approved training of people to work with the Police Department in enforcement actions as recommended by the Police Department and 1 Code Enforcement, .noted on Page 44 of the Program Budget; stipulating that.the"City Manager report on the manner in which this might be accomplished: " MOTION A motion was made by Council Member Erickson, seconded by Tree Trimming Vice Mayor Genis, and carried 5-0, to approve in concept a tree Policy Approved trimming policy utilizing a grid -by -grid pattern, reference Page 48 in Concept of the Program Budget; with a report from City Manager as to how this might be accomplished. The Community Services Director clarified the current operation of the tree trimming crews. MOTION On motion by Council Member Erickson, seconded by Council AQMD and South Member Humphrey, and carried 5-0, the City Manager was directed Coast Metro Alliance to determine whether a joint effort could take place between South Joint Effort Coast Metro Alliance and Air Quality Management District in order Approved . to save money , for .businesses and the City; and as a matter of policy, support efforts. to abolish Regulation 15, should it become an issue that can be addressed. MOTION A motion was made by Council Member Erickson, seconded by City Manager Vice Mayor Genis, and carried 5-0, referring to Page 158 of the Authorized to Program Budget, directing the City Manager to negotiate with the Negotiate Freeze City employees "regarding a one-year freeze on pay increases in the On Pay Increases amount of $750;000.00. MOTION A motion was made by Council Member Erickson, seconded by Reclassifying Council Member Humphrey, referring to Page 178 of the Program Authorized Budget, to authorize 'reclassifying' the recruitment and selection portion of the budget, : for $116,000.00, to training. Vice Mayor Genis stated that even though she felt employees should be trained to be most efficient for the City, she hoped that it would be essential type training. 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 Erickson, seconded by Funds Approved Council Member Humphrey, to fund $1,750.00 for Newport Harbor Graduation Night, $3,500.00 each to Costa Mesa High School and Estancia High School for their Graduation Nights, and $5,200.00 for the Fish Fry Float; and to delete the promotional advertising item in the line item budget on Page 5. Vice Mayor Genis suggested that monies granted for graduation nights be granted in return for services rendered to the City by the students. Council Members Buffa and Humphrey spoke in support of grad night funding. The motion carried by the following roll call vote: AYES: Hornbuckle, Buffa, Humphrey, Erickson NOES: Genis ABSENT: None MOTION A motion was made by Council Member Erickson, seconded by To Delete Cultural Vice Mayor Genis, to delete cultural arts funding for the current Arts Funding fiscal year. Council Member Buffa stated he would not be supporting the motion as cultural arts funding had been cut by 50 percent; and Council Member Humphrey did not support the motion for the same reason. Vice Mayor Genis asked if documentation had been received from the various arts groups that they have spent the money as had been proposed. The City Manager responded that he would prepare an update on the funds. SUBSTITUTE A substitute motion was made by Mayor Hornbuckle, seconded by MOTION Council Member Buffa, to approve a freeze ,on all cultural arts Freeze on Cultural grants until ramifications of the State budget are known, which Arts Funding means retaining the $87,500.00 in the budget but not spending it at Approved present. The substitute motion carried by the following roll call vote: AYES: Hornbuckle, Buffa, Humphrey, NOES: Genis, Erickson ABSENT: None MOTION A motion was made' by Council Member Erickson, seconded by Helicopter Program Council Member Humphrey,. to reinstate the helicopter program, Reinstated i including the day watch, to full level of service. Substitute Motion A substitute motion by Vice Mayor Genis to reinstate the helicopter Died for Lack_ of a ; program; however, not to proceed until such time as the State Second budgetary constraints, are known, died for lack of a second. The original motion carried 5-0. MOTION A motion was made by Council Member Erickson, seconded by Maintaining Police Council Member Humphrey, and carried 5-0, to approve maintaining Manhours Approved ! the number of manhours of sworn Police officers on patrol at any one time in the City, specifically using overtime or civilianization of nonpatrol people to maintain the same if not higher level of patrol sworn officers on the. street. MOTION On motion by Council Member Erickson, seconded by Council Report on Commit- ! Member Buffa, and carried 5-0, the City Manager was directed to tees Authorized report on the recommendations from each committee, as ascertained by the Council representative, on the means to save money or if the committee itself is a .viable committee; this report to be included with the return of the; budget discussion. MOTION On motion by Vice Mayor Genis, seconded by Council Member Food and Conference Humphrey, elimination of food and conference budgets for Budget for Commit- !committees was approved. Council Member Buffa opposed the tees Eliminated ! motion on the grounds that the meals were not that expensive, and the citizens volunteer their time. The motion carried 4-1, Council Member Buffa voting no. MOTION A motion was made 'by Council Member Erickson, seconded by 25 Percent Salary i Council Member Buffa, to reduce the salaries of the Transportation Cut Approved ! Commission, Planning Commission, and Council by 25 percent. i Substitute Motion ! A substitute motion made by Vice Mayor Genis to reduce Council Died for Lack of a salaries by 25 percent, and reduce the salaries of the Transportation Second and Planning Commissions so they do not exceed the highest in the County by more than, ten percent, died for lack of a second. Vice Mayor Genis stated she would abstain from voting on the original j motion because she supports the 25 percent reduction in the City Council salary, and she supports the reduction in the Transportation and Planning Commission's salaries; however, she does not support imaintaining the Transportation and Planning Commission's salaries at 25 percent more than any other city in the County, including those 'that have nearly 300,000 people and many more complex issues. The original motion carried 4-0, Vice Mayor Genis abstaining. i 1 j 45 s MOTION On motion by CouncilMember Erickson, seconded by Mayor Special Event Hornbuckle, and carried 5-0, regarding Special Events on Page 136 Sponsorship Approved of the Program Budget, the City Manager was directed to investigate this policy, and the Community Services Department was directed to actively pursue obtaining additional sponsors for these special events. Council Member Erickson explained that his intent was that special events were to be self-supporting, and staff should attempt to find business and community groups to sponsor these events. MOTION A motion wasmade by Vice Mayor Genis, seconded by Council Rea Center Report Member Humphrey, and carried 5-0, requesting the City Manager Authorized to report on the possibility of retaining the field at Rea Center for City lease but relinquishing the building site, to explore whether the Newport -Mesa School District would be interested in this concept, and how much money the City, would save. Motion Died for A motion was -made}by Vice Mayor Genis to eliminate the four one - Lack of a Second day festivals to the extent that they cannot be underwritten by private funding. The motion died for lack of a second. Council Member Erickson stated that this item was included in his motion regarding sponsorship of special events. MOTION . On motion by Vice Mayor Genis, seconded by Council Member Food and Lodging Erickson, and carried 5-0, a food and lodging cut of 25 percent in Budget Cut Approved the Departmental budgets was approved. Vote Not Taken for A motion was made by Vice Mayor Genis, seconded by Council Motion ' for Report Member Erickson, . to direct the City Manager to work to find an on Tot Lot Funding alternative to debt funding for tot lots; and if alternatives cannot be Alternatives found, to bring this item back to Council for a decision. A final vote was not taken on this item. The Vice Mayor asked if Community Development Block Grant funds could be used to purchase equipment which meets -the American Disabilities Act requirements. The Mayor requested the City Manager to investigate this possibility. MOTION - On motion by Council Member Humphrey, seconded by Council Resolution 92-66 Member Buffa, Resolution 92-66, A RESOLUTION OF THE CITY Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING A BUDGET FOR THE FISCAL YEAR 1992-93, including the previously approved amendments, was adopted by the following rollcall vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None NEW BUSINESS On motion by Council Member Humphrey, seconded by Council Someone Cares Soup Member Erickson, and carried 5-0, New Business Item 2, Lease Kitchen Agreement with Someone Cares Soup Kitchen for use of the Multipurpose Room and Kitchen at Rea Community Center at a rate MOTION of $356.00 per month, was continued to the meeting of July 6, Continued to 1992. Council Member Buffa suggested using the Costa Mesa Job July 6, 1992 Center for the -Soup Kitchen instead of Rea Community Center. ANNOUNCEMENT It was decided by Council that the remainder of the agenda, with the exception of the Operation of the Costa Mesa Public Golf Course and Country Club, would be discussed at the adjourned Council meeting on Tuesday, June 16, 1992, at 6:30 p.m., in the Council Chambers of City Hall. _%46 RECESS OLD BUSINESS 1992-93 General Reserve Fund MOTION Resolution 92-67 Adopted The Mayor declared a recess at 11: 35 p.m., and the meeting reconvened at 11:50 p.m. i I The City Clerk presented the establishment of General Fund reserve for 1992-93 fiscal year for $14.7 million. The City Manager summarized the Agenda Report dated June 1, 1992. On motion by Vice Mayor Genis, seconded by Council Member Buffa, Resolution 92-67, A RESOLUTION OF THE CITY COUNCIL OF THE, CITY OF COSTA MESA, CALIFORNIA, DETERMINING AND ADOPTING THE GENERAL FUND OPERATING RESERVE FOR FISCAL YEAR 1992-93 IN ACCORDANCE WITH TITLE 2, CHAPTER V, ARTICLE 6, OF THE COSTA MESA MUNICIPAL CODE, was adopted by the following roll call vote: AYES: ;Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: ;None NEW BUSINESS The City Clerk presented proposals for Operation of Costa Mesa Costa Mesa Golf and Golf Course and Country Club. A communication from Costa Mesa Country Club Golf Club, Harry S. Green, Incorporated, 1701 Golf Course Drive, Costa Mesa, and over 500 postcards were received in support of allowing Harry S. Green, Incorporated, to remain as the operator of j the Costa Mesa Golf Course. Ann Gyben, Assistant to the City Manager, reviewed the Agenda Report dated June 8, 1992. She stated that Gene Krekorian, Sr. Vice President, Economics Research Associates, 10990 Wilshire Boulevard, Suite 1600, Los Angeles, was in attendance, as were members of the review committee. Marc Davis, Acting Assistant Finance Director, responding to a question from the Vice Mayor, stated that the pro formas submitted had a wide range of percentages, they had been standardized based on the 1 Economics Research Report, and he explained the exact procedure. Mrs. Gyben stated that the references had been checked on the top three ranked companies, and Mr. Davis and Mr. Krekorian reviewed the financial information for all the proposals. Vice Mayor Genis noticed that the insurance costs varied from $60,000.00 to $135,000.00, and asked if a minimum indemnity had been specified, and if indemnities vary that much among the contractors. The Assistant to the City Manager responded that this was specified in the Request for Proposal, and can be negotiated. The City Manager stated that the Golf Course had paid to utilize a portion of the Corporate Yard for maintenance. The following persons spoke in support of retaining operation of the j golf course under Harry S. Green, Incorporated: James Angus, member of the Senior Club of Costa Mesa, 1834 Pomona Avenue, Costa Mesa; Charles Elliott, 166 East 18th Street, Costa Mesa; James O'Connell, member of the Men's Club Board of Directors, 113391 Lee Drive, Westminster; David Schey, Community Golf Development, 2955 Red Hill Avenue, Costa Mesa, who worked on the Harry S. Green proposal; John Goddard, 1985 Anaheim Avenue, Costa Mesa; Bob Feibleman, 1841 Samar Drive, Costa Mesa; Robert Roland, Costa Mesa Golf Course employee, 2323 Elden 'Avenue, Costa Mesa; -Joe Costello, past President, Costa Mesa Golf j Club, 9657 Dove Circle, Fountain Valley; and John Zedick, 26471 San Torini Road, Mission Viejo. d The following persons spoke in support of contracting out the operation of the golf course to American Golf Corporation, 1633 26th Street, Santa: Monica: Dody Cross, 775 Grayling Bay, Costa Mesa; Art Cartier, 15841 Willet Lane, Huntington Beach; Gary Elder, 2618 Redlands Place, Costa Mesa; Bob Livingstone, Vice Chairman, Long Beach Municipal Golf Commission, 5140 East Atherton Street, No. 25, Long Beach; Paul Bostwick, 5641 Los Santos Drive, -Long Beach; Courtney Dalton, 2420 Clark Avenue, Long Beach; and Steve Shure, immediate past President, El Dorado Men's Club,. 3562 West Stonepine Lane, No. F, Anaheim. The following persons spoke in opposition to contracting with American Golf. Peter Grousert, 2238 Continental Avenue, Costa Mesa; Kyle Raymann, 2973 Andros Street, Costa Mesa; Bob Physioc, 329 Anade Avenue, Newport Beach; and Jill Dincecco, 2368 Harbor Boulevard, Costa Mesa. �. Dan Gott, .953 Dahlia Avenue, Costa Mesa, suggested that if the golf course is contracted out that there be a provision to maintain current golf rates for the citizens of Costa Mesa within prescribed Emits, or maintain the present status of golf fees for a period of at least a year after which time, for justifiable reason, it would be reviewed by- the Council and a committee of golf representatives. Tom Pesich, 2485 Irvine Avenue, Costa Mesa, member of the Golf Course Advisory Committee, stated he would like to see the monies generated by the golf course go back into the course, and suggested that the Golf Course Committee be allowed to work with the staff committee to come up with the proper selection. Tim Green, President, Harry S. Green, Incorporated, 950 Dogwood Street, Costa Mesa, questioned the fact that his pro forma showed that over a 15 -year period, a little over $32 million in revenues were given to the City, while the report to Council indicates only $21 million. The Acting Assistant Finance Director responded that the gross receipts were standardized in order to compare the proposals on equal ground. Mr. Green also stated that his proposal was the only one to offer to take on the golf course employees at their present wages. He responded to questions from the Vice Mayor by stating the following: (1) There are approximately 16 persons maintaining the course, with an estimated increase of approximately 50' percent; (2) The cups and tees would be moved six days a week; (3) The use of the City maintenance area would depend on the City's requirements; (4) The City would receive six percent of balls that are sold through the Pro Shop; and (5) Paid advertising would be negotiable. Gene Gianulli, President, Environmental Golf, 1920 South Yale Street, Santa Ana, expressed his opinion that Council should initiate a quote negotiation with all three of the finalists. In response to a questions from the Vice Mayor, he stated that they believe the number of rounds can be increased by five to ten percent. William Donovan, partner in Mesa Verde Partners, 405 South Santa Anita Avenue, Arcadia, and a resident of Newport Beach, enumerated the golf courses owned and run by his company and offered to employ local people to work at the golf course. He stated that the golf course could be operated to maximize the profits, and he and Scott Henderson, 853 Oakglade Drive, Monrovia, responded to questions from the Vice Mayor as follows: (1) There would be no advertising on the course; (2) 20 to 25 people would be employed to maintain the course; (3) The guarantee would be approximately $2 million for capital improvements; (4) The $631,000.00 for 1 irrigation would be adequate considering that they do not anticipate any major reconstruction being necessary, and if problems occur, they will cover the expense; (5) They would consider employing the current Harry S. Green employees; (6) The rehabilitated golf range would draw more golfers and generate more revenue; and (7) Weed abatement and replanting would be necessary to eliminate the "smut grass". Council Member Erickson asked about financing the improvements, and Mr. Donovan responded that they are, capable of doing the improvements without a line of credit, but they would use the credit for business purposes; in addition, the number of persons allowed to play would be negotiable. Novel James, James Golf Development Company, Incorporated, no address given, referred to Page 13 of his proposal, and stated that the graduated scale, of revenue was not shown. He gave a presentation on the manner in which his company would handle the upgrading of the golf 'course. In answer to questions from the Vice Mayor, he stated: (l) 107,000 rounds of golf on one course, and 175,000 rounds on the other were projected, and increase by approximately five percent yearly; (2) 19 full-time and two or three part-time persons would be employed to maintain the course; (3) Green fees would remain the same; (4) Current Harry S. Green employees would be hired if they fit in; (5) City golf course employees have not contacted them to date, but their expertise would be welcome; (6) The minimum dollar amount on capital improvements would be $2 million; and (7) The need for irrigation changes would be investigated, and any changes would not affect other capital improvements. Lyn Shackelford, American Golf Corporation, answered the Vice Mayor's questions as follows: (1) No paid advertising was anticipated; (2) They would anticipate interviewing the Harry S. Green employees; (3) They would utilize approximately 24 persons for maintenance; (4) No fee changes were proposed for the first year, and the increase would come from increase in play; (5) 1 Fivesomes would be allowed on weekdays with only foursomes on weekends; and (6) They encourage stability and do not rotate employees on a regular basis. Council Member Erickson asked about use of the subsidy, and Mr. Shackelford replied that they were offering the City $25,000.00 a month for the first ten months to soften the blow of absorbing the golf course employees, and they would probably be hiring several of these employees. Council Member Humphrey asked about the training program that would involve the golf course, and Mr. Shackelford answered that there would always be an assistant manager in attendance, the training would be spread around company -wide, and the best management team would be in place in Costa Mesa because of the size and visibility of this operation. i Kevin Roberts, an employee of American Golf, - 534 Frontera Drive, Pacific Palisades, clarified for Council the location of the golf courses operated by. American Golf. Bill Folsom, President of the Costa Mesa City Employees Association, 2538 California Street, Santa Ana, addressed the issue of local spending, and stated that the employees serve the citizens of Costa Mesa first. 3A9 MOTION/Contracting A motion was made by Council Member Buffa, seconded by Council Out of Golf Course Member Erickson; and carried 5-0, to contract out all Costa Mesa Operation Approved Public Golf, Course and Country Club operations. MOTION A motion was made by Council Member Buffa, seconded by Council Awarded to Mesa Member Humphrey, to direct staff to negotiate a contract with Mesa Verde Partners Verde Partners. Council Member Erickson opposed the motion because of the subsidy offered by American Golf, and stated their proposal would be best for the employees and would generate more revenue. Mr. Shackelford clarified that the $25,000.00 per month for the first ten months would be used as they desire. Vice Mayor Genis believed that American Golf offered greater stability, and suggested that someone from the City look at the courses run by each of the top three bidders. The motion carried by the following roll call vote: AYES: ` Hornbuclde, = Buffa; Humphrey NOES,: Gems, Erickson ABSENT: None _ = MOTION On motion by Council Member Buffa, seconded by Vice Mayor American Golf Genis, American Golf was designated as ,second position in the Designated Second negotiations for the contract. The motion, carried by the following Place roll call vote: AYES:Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None A discussion ensued regarding Item No. 1, Transition of Employees, on Page 4 of the Agenda Report dated June 8, 1992, under Special Provisions. The City Manager requested a definitive answer on whether the City would be willing to retain employees at their current salaries and benefits where there are no current vacancies, or was it the intent to direct the employees to seek employment with the contractor because the City would not pick up their employment after the golf course is turned over. Council Member. Buffa responded that it was not his intent to keep employees on at their full salary regardless of what happens at the golf course. Council Member Erickson asked that during the negotiations with Mesa Verde Partners, a similar offer to that of American Golf could be made for the employees as he stated the City could not take everyone on in times like these as there is no work for them. Vice Mayor Genis- agreed with Council Member Erickson regarding negotiating for a subsidy for the employees. Mayor Hornbuckle stated she had hoped that the employees could have been absorbed back into the staff but with the news from the State getting worse, she thought there would be additional layoffs in many departments. The Mayor did express a desire to work with Mesa Verde Partners to develop a means to use most of the golf course employees. Council Member Humphrey stated he did not believe the employees could be absorbed back into the system, agreed with the negotiations with Mesa Verde Partners, and suggested that options should be investigated to "remove the sting", for example, early retirement and incorporating those employees within the system where there are vacancies. Vice Mayor Genis suggested adding a time limit during which the negotiations with Mesa Verde Partners will be conducted and a time set to obtain a firm financial commitment. The City Manager stated he would advise on a reasonable time frame tomorrow evening. ADJOURNMENT At 2:35 a.m., the Mayor adjourned the meeting to Tuesday, June 16, 1992, at 6:30 p.m., in the Council Chambers of City Hall, to complete the remaining items on the Agenda. Ila ha d k��!J (LZAi Mayor o the City of Costa Mesa ATTEST: V . City Clerk of the City of Costa Me Fj